HomeMy WebLinkAboutPW Vacate Excess Street ROW Civic Center Dr____________________________________________________________________________________
FOR CITY CLERK ONLY
File No.: 2-2 x 245
Council Meeting: 12/04/2017
Disposition: Resolution 14427
Agenda Item No: 7.b
Meeting Date: December 4, 2017
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works/City Attorney
Prepared by: Kevin McGowan,
Asst. Director of Public Works
Lisa Goldfien,
Asst. City Attorney
City Manager Approval: ______________
TOPIC: Abandonment of Excess Street Right-of-Way
SUBJECT: Resolution to Vacate Excess Street Right-of-Way Adjacent to Civic Center Drive
Between its Intersections with McInnis Parkway and Peter Behr Drive
RECOMMENDATION:
Hold a public hearing and then adopt the resolution of vacation.
BACKGROUND:
Earlier this year, the County of Marin completed an extensive redesign and improvement of Civic
Center Drive between the Civic Center SMART station and the County’s Civic Center offices. The
realigned roadway includes a new roundabout at Peter Behr Drive, new sidewalks, and landscaping
that together create a seamless multimodal connection between the SMART station and various
portions of the Civic Center campus. Although Civic Center Drive is a City-maintained street, the
County paid for and installed the new improvements and will have the ongoing responsibility for
maintaining the landscaping, irrigation, lighting and signage.
Working closely with the City, the County incorporated a portion if the City’s Promenade Plan and
Bicycle and Pedestrian Master Plan concepts into its design for the Civic Center Drive project. The
project was also designed to accommodate the eventual development of the future farmer’s market site
and parking lot on vacant County land between Civic Center Drive and the freeway, and to that end, the
plan provided for the City to vacate an unneeded portion of the City’s Civic Center Drive right-of-way
that encumbers part of the farmers’ market site.
The County of Marin has now requested that the City proceed with the vacation of the excess right -of-
way. The City Council may implement the vacation using the “general vacation” proceedings in
California Streets and Highways Code Sections 8320-8325.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS:
The right-of-way to be abandoned is depicted on the photo attached as Attachment 2. It is a long strip
of vacant land located immediately behind the western sidewalk of Civic Center Drive; it is not being
used as part of either the street or the sidewalk. The dimensions of the area to be vacated are dictated
by the location of the sidewalk, and the vacation will maintain a two-foot buffer behind the sidewalk
which will still be public right-of-way available to the City or utilities when doing work within the right-of-
way. Once this excess street right-of-way is vacated, the underlying land, which is owned by the
County, may be incorporated into the usable area of the farmers’ market site.
Staff has notified all local public utilities of the request for vacation of the excess right-of-way, and the
Marin Municipal Water District (MMWD) has requested that the City reserve a public utility easement
from the vacation. This reservation has been included in the attached resolution approving the vacation
(Attachment 1).
Staff has complied with the general vacation procedure’s requirement that a public hearing notice be
published in the Marin IJ and posted on the property for at least two successive weeks prior to the
public hearing (Attachments 3 and 4). The City Council must conduct a public hearing to hear from any
interested persons and determine whether to approve the vacation. If approved, the vacation will
become effective upon recordation of the Council’s resolution in the Office of the Marin County
Recorder.
COMMUNITY OUTREACH:
The County held several public meetings during development of the plans for the Civic Center Drive
project. As noted above, City staff notified local utilities that might be affected by the vacation.
FISCAL IMPACT:
The County has submitted a fee of $2,056 to cover the City’s costs of processing of the vacation
request. There will be no other fiscal impact from the recommended action.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt the resolution as proposed approving vacation of the excess street right-of-way;
2. Adopt resolution with modifications.
3. Direct staff to return with more information.
4. Take no action.
RECOMMENDED ACTION:
Conduct a public hearing and adopt the Resolution of vacation.
ATTACHMENTS:
1. Resolution of Vacation, with attached Exhibit 1 (Parcels ‘A’ and ‘B’)
2. Photo depiction of Parcels ‘A’ and ‘B’
3. Affidavit of Publication
4. Affidavit of Posting
Record W ithout Fee
Pe"r GC 27383 and '
When recorded mail to:
RECORDING REQUESTED, AND
WHEN RECORDED, RETURN TO:
City of San Rafael
City Clerk, Room 209
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
Attention: Esther Beirne, City Clerk
RESOLUTION NO. 14427
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
TO VACATE EXCESS PUBLIC STREET RIGHT -OF -WAY ADJACENT
TO CIVIC CENTER DRIVE BETWEEN ITS INTERSECTIONS WITH
MCINNIS PARKWAY AND PETER BEHR DRIVE
RESOLUTION NO. 14427
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
TO VACATE EXCESS PUBLIC STREET RIGHT-OF-WAY ADJACENT
TO CIVIC CENTER DRIVE BETWEEN ITS INTERSECTIONS WITH
MciNNIS PARKWAY AND PETER BEHR DRIVE
WHEREAS, the County of Marin has recently completed a County-funded
redesign and improvement of Civic Center Drive, a public street within the City of San
Rafael, between SMART's Civic Center station and the County offices at the Civic
Center; and
WHEREAS, the County of Marin coordinated the plans for its Civic Center Drive
project with the City of San Rafael's Promenade Plan and 8icycle and Pedestrian Master
Plan, and with plans for the future development of a permanent farmers market on
vacant County-owned land between Civic Center Drive and the freeway; and
WHEREAS, as part of the coordinated plans, the County of Marin requested that
the City of San Rafael vacate an unneeded portion of its public street right-of-way for
Civic Center Drive, described and depicted as Parcels 'A' and '8' in Exhibit 1 attached
hereto and incorporated herein by reference; and
WHEREAS, Exhibit 1 has been reviewed and approved by the City Engineer and
is on file in the office of the City Clerk of the City of San Rafael; and
WHEREAS, the City has notified local public utilities of the proposed vacation of
the public right-of-way over Parcels 'A' and '8' and has been asked by the Marin
Municipal Water District to reserve a public utility easement from the vacation; and
WHEREAS, as required by law, staff has caused to be published and posted a
notice of public hearing by the City Council to consider the vacation of the public street
right-of-way over Parcels 'A' and '8'; and
WHEREAS, on December 4, 2017 the City Council held a public hearing to
receive public comment regarding the proposed vacation; and
WHEREAS, the City Council finds that the public street right-of-way over Parcels
'A' and '8' is unnecessary for present or prospective use;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Rafael as follows:
1
1. The City Council hereby elects to proceed under the general vacation
procedure in California Streets & Highways Code Section 8320 et seq., being part of the
Public Streets, Highways, and Service Easements Vacation Law.
2. The City Council hereby declares the public street right-of-way over the
property described as Parcels 'A' and '8' in Exhibit 1 attached, to be closed, vacated and
abandoned; provided however, that the City Council reserves from such vacation an
easement for public utility purposes.
3. That the City Clerk is authorized and directed to record this Resolution in
the Office of the Marin County Recorder, and the vacation of the public street right-of-
way approved herein shall be effective upon such recordation.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting
of the Council of said City on the 4th day of December 2017, by the following vote to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk
Exhibit 1: Property description and plats
2
LEGAL DESCRIPTION
PARCEL 'A'
All that certain real property, situate in the City of San Rafael, County of Marin, State of California, being
a portion of the right-of-way known as Civic Center Drive, as said right-of-way was described in Board of
Supervisors of the County of Marin, Resolution Number 9195, passed and adopted January 1 i\ 1967,
and also being a portion of the Lands of The County of Marin, as said Lands are described in the Grant
Deed recorded in Book 1024 of Official Records, Page 07, Marin County Records, said portion of right-
of-way being more particularly described as follows:
BEGINNING at a point at the intersection of the northerly line of said Lands of The County of Marin and
the westerly line of said Civic Center Drive right-if-way, said point lying South 88°58'34" East a distance
of 62.20 feet, as measured along said northerly line, from the most westerly corner of said Lands of
Marin;
thence from said POINT OF BEGINNING, continuing along said northerly line, South 88°58'34" East, a
distance of 9.59 feet to the beginning of a non-tangent curve to the left;
thence leaving said northerly line, along said non -tangent curve, from a radial bearing of South 40°11 '33"
West, a radius of 806.00 feet, through a central angle of 02°54'05", an arc distance of 40 .82 feet;
thence South 66°58'00" East, a distance of 53.73 feet to the beginning of a non-tangent curve to the left;
thence along said non-tangent curve, having a radial bearing of South 34°47'27" West, a radius of
1329.50 feet, through a central angle of21 °28'30", an arc distance of 498.31 feet;
thence South 13°14'07" West, a distance of 1.97 feet;
thence along a curve to the left, having a radius of 37.00 feet, through a central angle of 29°52' 16", an arc
distance of 19.29 feet to a point on a non-tangent curve to the right, said point being on the westerly right-
of-way line of Civic Center Drive right-of-way;
thence northerly along said non-tangent curve, from a radial bearing of South 13°07'00" West, a radius of
1350.00 feet, through a central angle of22°19'01", an arc distance of 525.83 feet to a non-tangent curve
to the right;
thence along said non-tangent curve, from a radial bearing of South 35°27'02" West, having a radius of
650.00', through a central angle of 07°38'23", an arc distance of 86.67 feet to the Point of Beginning.
Containing 11,322 square feet, more or less.
See Exhibit 'B' attached hereto and made a part hereof.
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Prepared By Tracy W. Park, PLS 8176
Chief of Surveys, Marin County Public Works Department
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PARCEL 'A'
±11,322 Sq.Ft.
LANDS OF
MARIN COUNTY
1024 OR 07
Line Table
Line # Direction
L1 S88°58'34"E
L2 S66°58'00"E
L3 S13°14'07"W
Length
9.59'
53.73'
1.97'
Curve Table
Curve # Delta Radius
C1 2°54'05" 806.00'
C2 21°28'30" 1329.50'
C3 29°52'16" 37.00'
C4 22°19'01" 1350.00'
C5 7"38'23" 650.00'
Length
40.82'
498.31'
19.29'
525.83'
86.67'
COUNTY OF MARIN DKP~r..= lIOBIB SCALE: 1-= 60'
\
\
LANDS OF
MARIN COUNTY
1024 OR 07
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c., / EXHIBIT ' B'
PLAT TO ACCOMPANY LEGAL DESCRIPTION
LEGAL DESCRIPTION
PARCELB
All that certain real property, situate in the City of San Rafael, County of Marin, State of California, being
a portion of the right-of-way known as Civic Center Drive, as said right-of-way was described in Board of
Supervisors of the County of Marin, Resolution Number 9195, passed and adopted January 17th, 1967,
and also being a portion of Parcel 2 of the Lands of The County of Marin, as said Parcel is described in
the Deed recorded in Book 2532 of Official Records, Page 130, Marin County Records, said portion of
right-of-way being more particularly described as follows:
BEGINNING at a point on the southerly line of said Parcel 2, said point being the intersection of the
southerly line of Parcel 2 and the westerly line of said Civic Center Drive right-if-way, and said point
lying South 88°58'34" East a distance of 62.20 feet, as measured along said southerly line, from the
southwesterly comer of said Parcel 2;
thence leaving said southerly line, northerly along said right-of-way along a curve to the right, from a
radial bearing ofN0I1h 43°05'26" East, and a radius of 650 .00 feet, through a central angle of 13°31' 17",
an arc distance of 153.40 feet;
thence North 33°23' 17" West, a distance of 111.83 feet to the northerly line of Parcel 2;
thence easterly along said northerly line North 41 °53 '26" East, a distance of 11.51 feet;
thence leaving said northerly line, along a non-tangent curve to the left, from a radial bearing of North
59°19'05" East, and a radius of 822.00 feet, through a central angle of 06°32'09", an arc distance of93.77
feet;
thence South 24°40'57" East, a distance of21.78 feet ;
thence along a non-tangent curve to the left, from a radial bearing ofN0I1h 51 °18'34" East, having a
radius of 827.00 feet, through a central angle of 01 °17'50", an arc distance of 18.72 feet;
thence South 32°03' 16" East, a distance of 70.27 feet;
thence along a non-tangent curve to the left, from radial bearing of North 45°10'38" East, having a radius
of 806.00 feet, through a central angle of 04°59'05", an arc distance of 70.12 feet to the southerly line of
Parcel 2;
thence westerly along said southerly line, North 88°58'34" West, a distance of9.59 feet to the POINT OF
BEGINNING .
Containing 2,212 square feet, more or less.
See Exhibit 'B' attached hereto and made a part hereof.
-r.\~ .~ -\t\ .... jI~
Prepared By Tracy W. Park, PLS 8176
Chief of Surveys, Marin County Public Works Department
\ \
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" /"a~ \ " /' .\~ ~s~~ LANDS OF
MARIN COUNTY
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PARCEL 'B'
±2,212 Sq. Ft.
Line #
L1
L2
L3
L4
L5
Curve #
C1
C2
C3
C4
\ "* \ \\
"Y,L.. \
,> \
'?> \
Line Table
Direction Length
N33"23'17"W 111.83'
N41"53'26"E 11.51'
S24°40'57"E 21.78'
S32°03'16"E 70.27'
N88°58'34"W 9.59'
Curve Table
\
\
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Delta Radius Length
13°31 '17" 650.00' 153.40'
6°32'08" 822.00' 93.76'
1°17'50" 827.00' 18.72'
4°59'05" 806.00' 70.12'
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\ 2532 OR 130
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\(PARCEL 2) \
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CENTERLINE \ 1-= 30'
CIVIC CENTER \
DRIVE (100' WIDE) \
ResNo. 9195 \
\ LANDS OF
\ MARIN COUNTY
\ 2532 OR 130
\ (PARCEL 2) ~ 62.20'
\ - -----sBsoS8' 34"( -
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POINT OF
BEGINNING
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EXHIBIT 'B'
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COUNTY OF MARIN DBP~rs: lIOBIIB SCALE: 1-= 30' PLAT TO ACCOMPANY LEGAL DESCRIPTION
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Marin
On __ ....:..\"~r..::::7,~\+'....f!'2..:::=O:....\!....1....:....-__ before me, Lindsay Faye Lara, Notary Public
(insert name and title of the officer)
personally appeared EStbex C· 1)-e, .... Y\ e
who proved to me on the basis of satisfactory evidence to be the person($) whose name~ is/q.p€
subscribed to the within instrument and acknowledged to me that ~/she/tl;le9 executed the same in
IolfS/her/tR6ir authorized capacity~), and that by bffi/her/t~r signature~ on the instrument the
person(,s), or the entity upon behalf of which the person~ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ----1'ofjbo'---L.......:~"'------------(Seal)
CIVIC CENTER DRHWY 101MCINNIS PKWY
PET
E
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B
E
H
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D
R
CITY OF SAN RAFAEL
NOTICE OF PUBLIC HEARING
DATE/TIME/PLACE: 4th of December, 2017 at 7:00 PM City
Council Chamber, City Hall, 1400 Fifth Avenue, San Rafael.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL will
hold a public hearing to receive public comments on the proposed
vacation of a portion of excess public right-of-way that is not
needed for street purposes. The vacation will be conducted under
the general vacation procedures in Division 9, Part 3, Chapter 3,
Sections 8320-8325, of the California Streets & Highways Code.
The excess right-of-way to be vacated is located directly adjacent
to the portion of Civic Center Drive between Peter Behr Drive
and McInnis Parkway in San Rafael, CA, as shown below:
WHAT WILL HAPPEN: You may comment on the proposed
vacation. The City Council will consider all public testimony and
will then decide whether to adopt a resolution approving vacation
of the public street.
IF YOU CANNOT ATTEND: You may send a letter to Esther
C. Beirne, City Clerk, City of San Rafael, P.O. Box 151560,
San Rafael, CA 94915-1560. You may also hand deliver a letter
prior to the meeting. For more information, you may contact
Kevin McGowan, Assistant Public Works Director/City Engineer
at (415) 485-3389, Department of Public Works, 111 Morphew
Street, San Rafael, CA, and the City Clerk's Office, City Hall,
1400 Fifth Avenue, San Rafael, CA.
DECLARATION OF POSTING
I am a citizen of the United States and an employee of the City of San Rafael, California.
My business address is III Morphew Street, San Rafael, California 94901.
On November 17,2017 at 2:00 p.m., I posted a true copy of the attached NOTICE OF
PUBLIC HEARING at three locations, not more than 300 feet apart, along the right-of-way to be
vacated as depicted in said Notice.
I certify under penalty of peljury that the foregoing is true and con·ecl. Executed this ~H
day of November, 2017, at San Rafael, California.
Streets Superintend t
Depattment of Pulilic Works
CITY OF SAN RAFAEL
NOTICE OF PUBLIC HEARING
DATEITIME/PLACE: 4'h of December, 20 17 at 7:00 PM City Counci l Chamber, City Hall,
1400 Fifth Avenue, San Rafael.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL will hold a public hearing to receive
public comments on the proposed vacation of a portion of excess pub li c right-of-way that is not
needed for street purposes. The vacation will be conducted under the general vacation
procedures in Division 9, Part 3, Chapter 3, Sections 8320-8325, of the California Street s &
Highways Code.
The excess right-of-way to be vacated is located directly adjacent to the portion of Civic Center
Drive between Peter Behr Drive and McInnis Parkway in San Rafael , CA, a s shown below:
~, , , ,
~ , ,
WHAT WILL HAPPEN: You may comment on the proposed vacation. The City Council will
cons ider all public testimony and will then decide whether to adopt a re solution approving
vacation of the public street.
IF YOU CANNOT ATTEND: You may se nd a letter to Esther C. Beirne, C ity Clerk , City of San
Rafael , P.O. Box 151560, San Rafael , CA 94915-1560. You may also hand de li ver a letter prior
. to the meeting. For more information , you may contact Kev in McGowan , As s istant Public
Work s Director/City Engin eer at (415) 485 -3389 , Department of Public Work s, III Morphew
Street, San Rafael, CA, and the City C lerk 's Office, City Hall , 1400 Fifth Avenue, San Rafael ,
CA.
STAFF REPORT APPROVAL
ROUTING SLIP
Staff Report Author: Kevin McGowan/Lisa Goldfien Date of Meeting: 12/04/2017
Department: Public Works/City Attorney
Topic: Abandonment of Excess Right-of-way
Subject: Resolution Vacating Excess Street Right-of-Way Adjacent to Civic Center Drive Between
McInnis Parkway and Peter Behr Drive, San Rafael
Type: (check all that apply) ☐ Consent Calendar ☒ Public Hearing
☐ Discussion Item ☒ Resolution ☐ Ordinance
☐ Professional Services Agreement ☐ Informational Report
*If PSA, City Attorney approval is required prior to start of staff report approval process
Was agenda item publicly noticed? ☒ Yes ☐No Date noticed:
Published 11/18, 25
Posted 11/17
☐Mailed ☒Site posted ☒Marin IJ
Due Date Responsibility Description Completed
Date Initial / Comment
DEPARTMENT REVIEW
FRIDAY noon
11/17
Director Director approves staff
report is ready for ACM,
City Attorney & Finance
review.
Click here to
enter a date.
☒
CONTENT REVIEW
MONDAY
morning
11/20
Assistant City Manager
City Attorney
Finance
ACM, City Attorney &
Finance will review items,
make edits using track
changes and ask questions
using comments. Items will
be returned to the author
by end of day Wednesday.
11/21/2017
11/21/2017
11/20/2017
☒
RW
☒
LG
☒
MM
DEPARTMENT REVISIONS
WEDNESDAY
noon
11/22
Author Author revises the report
based on comments
receives and produces a
final version (all track
changes and comments
removed) by Friday at
noon.
Click here to
enter a date.
☒
LG, approved by Bill
Guerin
ACM, CITY ATTORNEY, FINANCE FINAL APPROVAL
MONDAY
morning
11/27
Assistant City Manager
City Attorney
Finance
ACM, City Attorney &
Finance will check to see
their comments were
adequately addressed and
sign-off for the City
Manager to conduct the
final review.
Click here to
enter a date.
11/28/2017
Click here to
enter a date.
☒
☒
LG
☒
TUES
noon
11/28
City Manager Final review and approval 11/29/2017 ☒
JS