HomeMy WebLinkAboutPW Oakwood SubdivisionAgenda Item No: 5
Meeting Date: December 21, 2009
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Pubic
Prepared Q;�
cs
City Manager
T7410 Dor- no AA cn
SUBJECT: RESOLUTIONS OF THE COUNCIL OF THE CITY OF SAN RAFAEL (1)
APPROVING THE VACATION OF PORTION OF AN EXISTING PEDESTRIAN
EASEMENT (DN 88-04713) ON LOT 24, MAP OF OAKWOOD SUBDIVISION, UNIT 3,
PURSUANT TO SUMMARY VACATION AND ABANDONMENT PROCEDURES, AND
(2) ACCEPTING GRANT DEED OF EASEMENT FOR ROADWAY, PEDESTRIAN AND
PUBLIC UTILITIES PURPOSES FROM DONALD R. HAM AND SHARON L. HAM,
TRUSTEES, ON LOT 24, MAP OF OAKWOOD SUBDIVISION, UNIT- 3 — (APN: 012-121-
28), AND ACCEPTING GRANT DEED OF EASEMENT FOR ROADWAY, PEDESTRIAN
AND PUBLIC UTILITIES PURPOSES FROM HARVEY W. GLASSER, TRUSTEE (APN-
012-121-03 and APN: 012-121-33 (formerly APN: 012-121-21))
RECOMENDATION: Staff recommends that the City Council adopt the Resolutions.
BACKGROUND:
In July 2006, San Rafael Zoning Administrator approved an Environmental and Design
Review Permit (ED05-088) for the construction of an access driveway on the Lands of Glasser
and the Lands of Ham, located at the end of Upper Toyon Road; this street is also known as
Clorinda Avenue Extension on the Map of Oakwood Unit 3 Subdivision (19 R.M.12). The
Lands of Glasser is immediately west of the Lands of Ham sharing a common property line.
One of the main purposes for this new driveway is to provide access to the Clorinda Open
Space from Upper Toyon Drive. The public access and easements are presently located on Lot
24 of said map, inside a "gated" front yard on 400 Upper Toyon Drive, which is owned by
Donald R. Ham and Sharon L. Ham, Trustees.
The new access driveway was completed recently and is now used by the public for
access to the open space from the end of Upper Toyon Drive.
FOR AGENCY SECRETARY ONLY
File No.:
Agency Meeting:
Disposition:
CITY COUNCIL REPORT / Paue 2
The Hams are requesting that the sliver portion of an existing pedestrian easement inside
their property be vacated in conjunction with the new improvements.
The Hams have executed a Grant Deed of Easement of a small triangular portion of the
biological reserve on Ham's property for roadway, pedestrian and public utilities purposes and
Harvey Glasser has executed a Grant Deed of Easement over a 30' wide portion of his property
located in Town of Ross which encompasses the new access driveway improvements to the
Clorinda Open Space.
ANALYSIS:
The vacation will eliminate a portion of the pedestrian easement (DN 88-04713) which now
exists on the Ham's property. The new driveway, which is now located mainly on the Glasser's
property and partially on the Ham's property, when the grants of easement from the respective
property owners are accepted and recorded by the City, will provide a continuous public access to
the open space.
FISCAL IMPACT:
No fiscal impact
ACTION REQUIRED:
Adopt resolutions.
Enclosures (4):
1. Resolution to vacate a sliver portion of an existing pedestrian easement with Exhibits "A" and "B."
2. Resolution to accept grant deed of easements from Donald and Sharon Ham, Trustees.
3. Grant Deed of Easement from Donald Ham and Sharon Ham, Trustees,
dated December 19, 2008.
4. Resolution to accept grant deed of easement from Harvey W. Glasser, Trustee
5. Grant Deed of Easement from Harvey W. Glasser, Trustee, dated January 7, 2009
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL APPROVING
VACATION OF PORTION OF EXISTING PEDESTRIAN EASEMENT (DN 88-04713)
ON LOT 24, MAP OF OAKWOOD SUBDIVISION, UNIT 3 (19 R.M.12) PURSUANT
TO SUMMARY VACATION AND ABANDONMENT PROCEDURES — 400 UPPER
TOYON DRIVE (APN: 12-121-28)
WHEREAS, on July 2006, the San Rafael Zoning Administrator did approve an
Environmental and Design Review Permit (ED05-088) for the construction of an access
driveway on the Lands of Glasser and the Lands of Ham at the end of Upper Toyon Drive, which
street is also known as Clorinda Avenue Extension in the Map of Oakwood Subdivision, Unit 3,
(19 R.M. 12); and
WHEREAS, the sliver portion of the existing pedestrian easement (DN 88-04713)
shown on the said map proposed to be vacated is located inside on Lot 24 of said map, being
owned by Donald R. Ham and Sharon L. Ham, Trustees; and
WHEREAS, the new driveway, which is located mainly on the Lands of Glasser and
partially on the Lands of Ham, is intended for alternate public uses and access to the Clorinda
Open Space from Upper Toyon Drive; and
WHEREAS, the Department of Public Works and Community Development agreed to
the proposed relocation of the public access and pedestrian improvements and did approve the
improvement plan prepared by Lawrence P. Doyle, a licensed civil engineer; and
WHEREAS, the improvements have been completed; and
WHEREAS, the sliver portion of the existing pedestrian easement (DN 88-04712),
proposed for vacation as described in the Legal Description attached as Exhibit "A" and shown
on the Plat attached as Exhibit `B", located on Lot 24 of the aforementioned map, owned by
Donald R. Ham and Sharon L. Ham, Trustees, will be replaced by pedestrian easements being
accepted by the City of San Rafael on the Lands of Glasser and the Lands of Ham concurrently
herewith, and will no longer serves any present or prospective public purpose with;
WHEREAS, the City Council finds that the proposed vacation of pedestrian easement is
exempt from the California Environmental Quality Act since there is no possibility that such
vacation will have a significant effect on the environment (CEQA Guidelines, Title 14,
California Code of Regulations, Section 15601(b)(3);
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
1. All the facts recited above are true and correct.
2. The City Council of San Rafael, pursuant to the California Streets and Highways
Code, Section 8333 and 8335 summarily vacates and abandons the sliver portion of
the existing pedestrian easement (DN 88-04713) on Lot 24, Map of Oakwood
Subdivision, Unit 3, (19 R.M. 12), as is more particularly described in the Legal
Description attached hereto as Exhibit "A" and shown on the Plat attached hereto as
Exhibit "B".
3. From and after the date this adopted Resolution is recorded, the pedestrian easement
described in the Legal Description attached hereto as Exhibit "A" and shown on the
Plat attached hereto as Exhibit "B" shall no longer constitute a public pedestrian
easement.
4. That the City Clerk be and is hereby directed to record a certified copy of this
Resolution in the Office of the County Recorder for Marin County.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, California, hereby certify that
the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of
the Council of said City held on the 21st day of December 2009, by the following vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ESTHER C. BEIRNE, City Clerk
All that cei
California,
Exhibit `A'
DESCRIPTION
real property situate in the City of San Rafael, County of Marin, State of
;ribed as follows:
Quitclaim a p ion of the Pedestrian Easement as described in the Grant of Easement
from Donald . Ham and Sharon Ham to the City of San Rafael recorded January 26,
1988 as Docur ient 88-04713, Marin County Records, over Lot 24 as shown on that
certain map entitled "Map of Oakwood Unit No. 31" recorded April 4, 1972, in Book 19
of Maps at Pal e 12, Marin County Records;
Beginning ata point on the westerly line of said Lot 24, that bears North 11 020'38" East
68.52 feet fro the southwesterly corner of said Lot 24;
1. Thence alo
2. Thence lea
westerly Iii
3. Thence alo
4. Thence lea
Beginning.
This descriptio
Lawrence P.
P.L.S. 4694
Exp. 9/30/09
said westerly line of Lot 24 North 11 020'38" East 152.19 feet;
ig said westerly line North 70°06'33" East 7.12 feet to a point on the
of a 40 foot Access Easement as described in said Grant of Easement;
said westerly line South 36°37'47" West 6.50 feet;
ig said westerly line North 78036148" West 1.21 feet to the Point of
was prepared by:
M
No. 4694
is
r.
SPRING GROVE OPEN SPACE .�� 4� \ ('
40' ROADWAY & PUBLIC
UTILITIY EASEMENT PER
582 O.R. 224
40' ACCESS EASEMENT
D.N. 88-04713
5' PEDESTRIAN
EASEMENT PER
D.N. 88-04713 UPPER TOYON
J A I OPEN SPACE
c
o� I
536'37'47"W
25.69'
w c
`��• LOT 24 Lr� ��
L2 w 1 I R.M. 12
I •\
LANDS
GLASS
/PROPOSED
U
No, 4694 11& II POINT OF
LINE TABLE
BEARING I DI
TANCE
L2 N70'06'33"E 712'
L3 S36'37'47"W 6
50'
L5 N78'36'48"W 121
( ) DATA PER 502 O.R. 224
BASIS OF BEARING
THE BASIS OF BEARING IS
BETWEEN FOUND POINTS PER
19 R.M. 12.
C Q>s.
LANDS OF
M. M. W. D. \ eJ Q4S
EXHIBIT 'B'
PROPOSED QUITCLAIM
SAN RAFAEL MARIN COUNTY CALIFORNIA
SCALE:1" = 60 1 DRAWN BY:
RATE: 01/07/0a LAWRENCE P. DOYLE SHEET 1 DF
LAND SURVEYOR/CIVIL ENGINEER
100 HELENS LANE MILL VALLEY CA 94941 (415-388-951
DRAWING N0.
T 1 1694-08
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING
GRANT DEED OF EASEMENT FOR ROADWAY, PEDESTRIAN AND PUBLIC
UTILITIES PURPOSES FROM DONALD R. HAM AND SHARON L. HAM,
TRUSTEES, ON LOT 24, MAP OF OAKWOOD SUBDIVISION, UNIT 3 (19 R.M. 12) —
(APN: 012-121-28)
WHEREAS, public interest, convenience and welfare require that the easement
hereinafter mentioned be accepted and used for the benefit of the public of the City of San
Rafael, California; and
WHEREAS, the City Council finds that the proposed acceptance of the easement is
exempt from the California Environmental Quality Act since there is no possibility that
acceptance of the easement will have a significant effect on the environment (CEQA Guidelines,
Title 14, California Code of Regulations, Section 15601(b)(3), and since the acceptance of the
easement will involve negligible or no expansion of the use of an existing private street (CEQA
Guidelines, Title 14, California Code of Regulations, Section 15301(c)).
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
San Rafael, California, that certain Grant Deed of Easement for roadway, pedestrian and public
utility purposes, executed by Donald R. Ham and Sharon L. Ham, Trustees, to the City of San
Rafael, dated December 19, 2008, be and the same is hereby accepted and the Clerk of said City
is hereby directed to cause said conveyance to be duly recorded in the office of the County
Recorder of the County of Marin, State of California, forthwith upon the adoption of this
resolution.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, California, hereby certify that
the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of
the Council of said City held on the 21st day of December 2009, by the following vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ESTHER C. BEIRNE, City Clerk
When recorded mail to:
City of San Rafael
Department of Public Works
Land Development Division
111 Morphew Street
P. O. Box 151560
San Rafael, CA 94915-1560
GRANT DEED OF EASEMENT
FOR ROADWAY, PEDESTRIAN AND PUBLIC UTILITY PURPOSES.
(APN: 012-12128)
Donald R. Ham and Sharon L. Ham, Trustees of
The Donald R. Ham and Sharon L. Ham 2000 Tru�reinafter called "Grantor" without regard to
id
number or gender) for an adequate consideration hereby GRANTS and conveys to the CITY OF SAN
RAFAEL, a municipal corporation, an EASEMENT over the strip of land hereinafter described for the
purpose of roadway, pedestrian and public utility purposes together with the right of ingress thereto
and egress therefrom, in, on and across said strip of land and the contiguous real property of Grantor.
Said strip of land is located in the City of San Rafael, County of Marin, State of California, and is more
particularly described as follows:
"The easement is described in the Legal Description and related Plat attached hereto and incorporated
herein as Exhibit "A" and 'B" respectively."
Grantor shall not plant, place or deposit anything in or on said strip of land which will damage or
interfere with any of the rights granted hereunder nor shall Grantor erect or construct any building or
other structure or drill or operate any well within said strip of land.
The provisions hereof shall inure to the benefit of and bind the heirs, successors, assigns of the
respective parties hereto. I
IN WITNESS WHEREOF, Grantor has executed these presents, this t fli da of 1:e .�
r �- f ,
20-4221
STATDQCALIFORNIA )
COUNTY OF MARIN
On _
Public
in and
before me,
for said County
Donald R. Ham
appeared
personally known to me (or proven to me on the basis -s actory evide be the person whose
name(s) i�s/aresubscnbed to the will' vment and acknowledged to me she/they
executed his authorized capacity(ies), and that by his/her/their signatur n
the rostrerson(s), or the entity upon behalf of which the person(s) acted, executed the
in. man4
WITNESS my hand and official seal.
State of California )
ss.
County of Marin )
On this ay of December, 2008, before me, PATRICK J. McNEIL, a Notary Public,
personally appeared DONALD R. HAM and SHARON L. HAM, who proved to me on the basis of
satisfactory evidence, to be the persons whose names are subscribed to the within instrument, and
acknowledged to me that they executed the same in their authorized capacities, and that by their
signatures on the instrument, the person or entity upon behalf of which the persons 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.
�-PATRICK J. MGNtIL [
COMM#1685457 �,____
WQ
F,IARIN COUNTY -
My comm. Rx . Oct 20 2oto PATRIC cNEIL, Notary P
Exhibit `A'
DESCRIPTION
All that certain real property situate in the City of San Rafael, County of Marin, State of
California, described as follows:
An easement for roadway, pedestrian, and public utilities over a portion of Lot 24, as
shown on that certain map entitled "Map of Oakwood Unit No. 3," recorded April 4,
1972, in Book 19 of Maps at Page 12, Marin County Records;
Beginning at a point on the westerly line of said Lot 24 that bears South 11020'28" West
100.87 feet from the northwesterly corner of said Lot 24;
1. Thence leaving said westerly line North 70°46'30" East 22.67 feet to a point on the
westerly line of a 40 foot roadway and public utility easement and a 5 foot pedestrian
easement as described in the Grant of Easement from Donald R. Ham and Sharon
Ham to the City of San Rafael recorded January 26, 1988 as Document No, 88-
04713, Marin County Records
2. Thence along said westerly line South 36137'47" West 45.70 feet to a point on said
westerly line of Lot 24;
3. Thence along said westerly line of Lot 24 North 11°20'38" East 29.79 feet to the
Point of Beginning.
This description was prepared by:
Lawrence P. Doyle
P.L.S. 4694
Exp. 9/30/09
SPRING GROVE OPEN SPACE
5' PEDESTRIAN
EASEMENT PER
D.N. 88-04713
L
POINT OF BEGINNING -
ROADWAY, PEDESTRIAN,
AND PUBLIC UTILITY -
EASEMENT
LANDS OF
GLASSER
LINE TABLE
BEARING DISTANCE
L1 N70'46'30"E 22.67'
L2 S36'37'47"W 45.70'
L3 INIIZU'56"W 1 29.79-
( ) DATA PER 582 O.R. 224
BASIS OF BEARING
THE BASIS OF BEARING IS
BETWEEN FOUND POINTS PER
19 R.M. 12.
40' ROADWAY & PUBLIC
UTIUTIY EASEMENT PER
582 O.R. 224
40' ACCESS EASEMENT
D.N. 88-04713
UPPER TOYON
OPEN SPACE
-01
`o.
LOT 24
19 R.M. 12
s
N,
G0.
O�
J \
\ `N
V NC$g0 2�
Ag.
\ Sj pi p 7,70
�9J 73<c
Q 6
7je 9
LANDS OF
M. M. W. D.
EXHIBIT 'B'
PROPOSED EASEMENT
SAN RAFAEL MARIN COUNTY CALIFORNIA
SCALE:1" = 60' DRAYM BY:
DATE:02/06/08 LAWRENCE P. DOYLE SHEET 1 OF
LAND SURVEYOR/CIVIL ENGINEER
P.O. BOX 1609 MILL VALLEY CA 94942 (415-388-958E
DRAWING NO.
1694-06
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING
GRANT DEED OF EASEMENT FOR ROADWAY, PEDESTRIAN AND PUBLIC
UTILITIES PURPOSES FROM HARVEY GLASSER, TRUSTEE
(APN: 012-121-03 and APN: 012-121-33 (formerly APN: 012-121-21))
WHEREAS, public interest, convenience and welfare require that the easement
hereinafter mentioned be accepted and used for the benefit of the public of the City of San
Rafael, California; and
WHEREAS, the City Council finds that the proposed acceptance of the easement is
exempt from the California Environmental Quality Act since there is no possibility that
acceptance of the easement will have a significant effect on the environment (CEQA Guidelines,
Title 14, California Code of Regulations, Section 15601(b)(3), and since the acceptance of the
easement will involve negligible or no expansion of the use of an existing private street (CEQA
Guidelines, Title 14, California Code of Regulations, Section 15301(c)).
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
San Rafael, California, that certain Grant Deed of Easement for roadway, pedestrian and public
utility purposes, executed by Harvey Wm. Glasser, Trustee, to the City of San Rafael, dated
January 7, 2009, be and the same is hereby accepted and the Clerk of said City is hereby directed
to cause said conveyance to be duly recorded in the office of the County Recorder of the County
of Marin, State of California, forthwith upon the adoption of this resolution.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, California, hereby certify that
the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of
the Council of said City held on the 21st day of December 2009, by the following vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ESTHER C. BEIRNE, City Clerk
When recorded mail to:
City of San Rafael
Department of Public Works
Land Development Division
111 Morphew Street
P. O. Box 151560
San Rafael, CA 94915-1560
GRANT DEED OF EASEMENT
FOR ROADWAY, PEDESTRIAN AND PUBLIC UTILITIES PURPOSES.
(APN: 012-121-03/21)
Harvey Wm. Glasser, Trustee (hereinafter called "Grantor" without regard to number or gender) for an
adequate consideration hereby GRANTS and conveys to the CITY OF SAN RAFAEL, a municipal
corporation, an EASEMENT over the strip of land hereinafter described for the purpose of roadway,
pedestrian and public utilities purposes together with the right of ingress thereto and egress therefrom,
in, on and across said strip of land and the contiguous real property of Grantor.
Said strip of land is located in the Town of Ross, County of Marin, State of California, and is more
particularly described as follows:
"The easement is described in the Legal Description and related Plat attached hereto and incorporated
herein as Exhibit "A" and "B" respectively."
Grantor shall not plant, place or deposit anything in or on said strip of land which will damage or
interfere with any of the rights granted hereunder nor shall Grantor erect or construct any building or
other structure or drill or operate any well within said strip of land.
The provisions hereof shall inure to the benefit of and bind the heirs, successors, assigns of the
respective parties hereto.
IN WITNESS WHEREOF, Grantor has executed these presents, this•k day of 45 rhe✓
2009.
ey Wm. Glasser, Trustee
State of California )
County of 0101Lar P D )
On Ilq 4,Z before me, Rebecca Berg, Notary Public, personally appeared
U (V it , u t -A 1��c Q , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
Exbibit'A'
DESCRIPTION
All that certain real property situate in the Town of Ross, County of Marin, State of
California, described as follows:
An easement for roadway, pedestrian & public utilities over a portion of the property described
in the Grant Deed from Henry Gmusz to Harvey Wm. Glasser recorded July 6, 1999, as Document
1999-0050078, Marin County Records;
Beginning at the northeasterly comer of the property described from Arthur George Dettner
and Mabelle Florence Dettner to Marin Municipal Water District, recorded January 14, 1964, in
Book 1769 of the Official Records at Page 517 in the Office of the Marin County Recorder, said
Point being the southwesterly corner of Lot 24, as shown on that certain map entitled "Map of
Oakwood Unit No. 3," recorded April 4, 1972, in Book 19 of Maps at Page 12, Marin County
Records;
1. Thence along the northerly line of the Lands of Marin Municipal Water District North
78"39'22" West (North 78"50' West per 1769 OR 517) 30.00 feet;
2. Thence leaving said line North 11020'38" East 253.00 feet;
3. Thence South 78"3922" East 30.00 feet to a point on the westerly line of Lot 24 as
shown on said map;
4. Thence along said westerly line, South 11020'38" West 253.00 feet to the Point of
Beginning.
This description was prepared by:
Lawrence P. Doyle �—
P.L.S. 4694
Exp. 9/30/09
SPRING GROVE OPEN SPACE
5 PEDESTRIAN
EASEMENT PER
D.N. 88-04713
LANDS OF
GLASSER
D.N. 99-0050078
A.P. 012-121-03
L"
�o
40' ROADWAY & PUBIC
640r
.71U71Y EASEMENT PER
562 O.R. 224
ACCESS EASEMENT
N. 88-04713
BIOLOGICAL UPPER TOYON
PRESERVE I J I OPEN SPACE
AREA p
J
ROADWAY,
ROADWAY, PEDESTRIAN,
AND PUBLIC UTILITY
EASEMENT
LANDS OF
GLASSER
A.P. 012-121-21
( ) DATA PER 582 O.R. 224
BASIS OF BEARING
THE BASIS OF BEARING IS
BETWEEN FOUND POINTS PER
19 R.M. 12.
49•
S�
o. ��3. ND •.�.. F
POINT OF
BEGINNING LANDS
OF
D.
1769 O.R. 517
EXHIBIT 'B'
PROPOSED EASEMENT
ROSS MARK COUNTY CA FOfWA
scAter = s0' DAAw sr.
LAWRENCE P. DOYLE
LAND SURVEYOR/CML ENGINEER
P.O. BOX 1609 MILL VALLEY CA 94942 415-368-9585)
DRAM ND.
T 1 1694-08
m
m
f
N
�
N� II
1
I
m
\441�
W�
Zti F f
OD1LOT
a
19 R.M
�L
LANDS OF
HAM
\A.P. 012-121-28
0
\N
0 -
ROADWAY,
ROADWAY, PEDESTRIAN,
AND PUBLIC UTILITY
EASEMENT
LANDS OF
GLASSER
A.P. 012-121-21
( ) DATA PER 582 O.R. 224
BASIS OF BEARING
THE BASIS OF BEARING IS
BETWEEN FOUND POINTS PER
19 R.M. 12.
49•
S�
o. ��3. ND •.�.. F
POINT OF
BEGINNING LANDS
OF
D.
1769 O.R. 517
EXHIBIT 'B'
PROPOSED EASEMENT
ROSS MARK COUNTY CA FOfWA
scAter = s0' DAAw sr.
LAWRENCE P. DOYLE
LAND SURVEYOR/CML ENGINEER
P.O. BOX 1609 MILL VALLEY CA 94942 415-368-9585)
DRAM ND.
T 1 1694-08