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Home My WebLink AboutPW Mall at Northgate Drainage EasementsAgenda Item No: arra, Iy�\ Meeting Date: July 20, 2009 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Work Prepared by: City Manager Approval: c r u orks (KC) SUBJECT: gKesolution accepting and authorizing recordation of an Easement Deed for two storm drain easements containing stone drain pipelines located at the "Mall at Northgate" in the City of San Rafael (APN 175-060-60). RECOMENDATION: Staff recommends that the City Council adopt the resolution. BACKGROUND: The renovation of the Mall at Northgate included construction of storm drain improvements in the parking lot and in the adjacent city street, Las Gallinas Avenue. These improvements included one new catch basin on the south side of Las Gallinas Avenue approximately 50 feet east of the center line of Del Presidio Blvd. and a second new catch basin on the south side of Las Gallinas Avenue approximately 50 feet west of the center line of the driveway entrance to the Mall, adjacent to the proposed Rite Aid Store. In addition, the improvements included a 12" and 18" diameter storm drain pipelines, approximately 20-22' in length located on the Mall at Northgate property, which connect the new catch basins with the existing 10' diameter storm drain pipeline located within the existing City storm drain easement running just inside the northern edge of the Mall of Northgate property. The improvements permit the collection of surface water runoff from Las Gallinas Avenue and conveyance into the 10' diameter stone drain pipeline. ANALYSIS: The acceptance of the Easement Deed for the two new storm drain easements will provide access for the City to do maintenance, repairs and improvements as needed of the two storm drain pipelines connecting the new City catch basins in Las Gallinas Avenue to the City's existing 10' storm drain pipeline on the Mall at Northgate property. FOR AGENCY SECRETARY ONLY File No.: Agency Meeting: Disposition: CITY COUNCIL REPORT / Page 2 ACTION REQUIRED: Adopt Resolution Enclosures (2): 1. Resolution 2. Easement Deed with Legal Descriptions and Plat Map RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE ACCEPTANCE AND RECORDATION OF AN EASEMENT DEED FOR TWO STORM DRAIN EASEMENTS AT THE NORTHGATE MALL (APN 175-060-60) WHEREAS, public interest, convenience and welfare require that the City of San Rafael accept an Easement Deed for two storm drain easements as more particularly described hereafter; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of San Rafael as follows: 1. All facts recited above are true and correct; and 2. The City Council accepts that certain Easement Deed on file with the City Clerk, granting to the City of San Rafael two storm drain easements located on the property known as the Mall at Northgate (APN 175-060- 60), executed by Northgate Mall Associates, and dated July 16, 2009; and 3. The City Clerk is hereby ordered to record the aforementioned Easement Deed and a certified copy of this Resolution with the Marin County Recorder's Office. 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 meeting of the Council of said City held on the 20th day of July 2009, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ESTHER C. BEIRNE, City Clerk RECORDING REQUESTED, AND WHEN RECORDED RETURN TO: ESTHER C. BEIRNE, City Clerk City of San Rafael P. O. Box 151560 San Rafael, CA 94915-1560 EASEMENT DEED FOR TWO STORM DRAIN EASEMENTS (APN: 175-060-60) NORTHGATE MALL ASSOCIATES, a California General Partnership ("Grantor"), for an adequate consideration, hereby GRANTS and conveys to the CITY OF SAN RAFAEL, a municipal corporation, EASEMENTS over the two strips of land hereinafter described for the purpose of laying down, installing, constructing, renewing, inspecting, maintaining, repairing and using a public storm drain on or under said strips of land and the contiguous real property of Grantor. Said strips of land are located in the City of San Rafael, County of Marin, State of California, and are more particularly described as follows: "The Easements are 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 strips 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 day of 2009. Northgate Mall Associates, A California General Partnership By: THE MACERICH PARTNERSHIP, L.P., A Delaware limited partnership, Its general partner By: THE MACERICH COMPANY A Maryland corporation, Its general partner EXHIBIT A Land Description Storm Drain Easements All that certain real property, situated in the State of California, County of Marin and City of San Rafael, described as follows: Being a portion of the land as shown on that certain Map entitled, "Map of Northgate Regional Shopping Center" and filed in Book 12 of Maps, at Page 19 in the Official Records of Marin County, more particularly described as follows: EASEMENT 1 COMMENCING at a point on the southerly line of Las Gallinas Avenue (60' wide), said point is the westerly terminus of the line described as South 83°06'50" East, 330.92' on said map and the beginning of a curve to the right, tangent to last said course; thence, westerly, coincident with said southerly line and said curve, having a radius of 730.04', a central angle of 10°24'46" and aii arc length of 132.68'; thence North 72°42'04" West a distance of 71.15' to the beginning of a tangent curve to the right having a radius of 481.90'; thence coincident with last said curve, through a central angle of 11'43'20" along an arc length of 98.59' to the TRUE POINT OF BEGINNING; thence continuing coincident with said southerly line and last said curve, through a central angle of 1°22'28" along an arc length of 11.56'; thence departing said southerly line South 0'24'13" East a distance of 22.03' to the northerly line of an existing 10' Storm Drain Easement per said Map (12 RM 19); thence, coincident with said northerly line, South 7437'54" West a distance of 10.39'; thence departing said northerly line, North 0'24'13" West a distance of 19.06' to the TRUE POINT OF BEGINNING and having an area of 0.005 acres, more or less. EASEMENT 2 COMMENCING at a point on the southerly line of Las Gallinas Avenue (60' wide), said point is the westerly terminus of the line described as South 83°06'50" East, 330.92' on said map and running thence South 83°06'50" East a distance of 188.73' to the TRUE POINT OF BEGINNING; thence continuing coincident with said southerly line, South 83006'50" East a distance of 20.94'; thence, departing said southerly line, South 68°21'50" West a distance of 16.34' to the northerly line of an existing 10' Storm Drain Easement per said Map (12 RM 19); thence, coincident with said northerly line, North 81 °49'56" West a distance of 20.12'; thence departing said northerly line, North 68°21'50" East a distance of 15.40' to the TRUE POINT OF BEGINNING and having an area of 0.004 acres, more or less. End of description. 30.)04169 Jesse L. Fulle , PLS #8208 License Expires 3/3 1/1 I 2420 Sand Creek Road, C-1 #287 Brentwood, CA 94513 �aPt,ti�Ni) SVq� v ;ESSE I. �y0 Ft•�LEPI y No.a208 g 1. Q For-r�w� EXHIBIT B SEE DETAIL 1 EASEMENT 1 TRUE POINT 1 OF BEGINNING N. 01 06 79 '1'j >> #20 '7 0 30' 60' 120' THE MALL�� ? ¢6' a AT NORTHGATE POINT OF (12 RM 19) COMMENCEMENT � s EASEMENT 2 sro88>3, TRUE POINT \\OF BEGINNING N68'21'50"E EASEMENT 2\ EASEMENT 15.40' TRUE POINT �v?� TRUE POINT OF BEGINNING ry�OF BEGINNING I 1 o 0y9 0 ovP sesos s \�p�,i is Iy�sro ss 00¢,4 cF so ' EE DETAIL 2 9'�2, /0S68-234� / DETAIL 1 DETAIL 2 1"=20' 1"=20' ILL � �� DWG PATHKFW0THE MALL AT NORTHGATE JOB NO. JLF SCA STORM DRAIN EASEMENTS a PATH FULLFN SURVEYING & MAPPING, MC. SVEM0IRNNOO Bren woodCfeCA 94513 $207 LAND DESCRIPTION PLAT SHEET 1 OF 925.642.2543 jlf8208@sbcglobal.net SAN RAFAEL MARIN CALIFORNIA