HomeMy WebLinkAboutPW Northgate Mall Drainage Easement 1Agenda Item No: 11
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/yam\ Meeting Date: July 20, 2009
Department:
Prepared
SAN RAFAEL CITY COUNCIL AGENDA REPORT
(KC)
City Manager Approval:
-4—i
SUBJECT: Resolution (1) approving the vacation of a portion of an existing 10' wide storm
drain easement shown on the Map entitled "Northgate Regional Shopping Center" (12 RM 19),
and (2) accepting and authorizing recordation of an Easement Deed for a storm drain easement
containing a realigned storm drain pipeline on the property known as the "Mall at Northgate"
(APN 175-060-60).
RECOMENDATION: Staff recommends that the City Council adopt the resolutions.
BACKGROUND:
On September 10, 1963, a map entitled "Northgate Regional Shopping Center," located in Terra
Linda, bounded by Northgate Drive, Los Ranchitos Road and Las Gallinas Avenue, was recorded
at the Marin County Recorder Office. The Map dedicated storm drain easements on the property
that were accepted by the City in approving the Map. Staff understands that construction of the
original shopping center improvements, including storm drain pipelines within the dedicated
storm drain easements, were completed within a few years after recordation of the Map in 1963.
The Kohl's (formerly Mervyn's) building at the Northgate Mall, was constructed between 1983
and 1985. In connection with construction of this building, the storm drain pipeline located
within and adjacent to the footprint of this building, and lying within the dedicated storm drain
easement, was realigned to the north and west of the building, so that the storm drain pipeline
would not run beneath the building. This storm drain pipeline relocation occurred more than 24
years ago. Since the portion of the storm drain easement passing under the building has not been
in use for more than 5 years, and has been relocated, it may be summarily vacated pursuant to
Streets & Highways Code Section 8333(a) & (c).
Since a formal storm drain easement in connection with the realigned storm drain pipeline was
never granted to the City, it is necessary at this time, concurrent with the aforementioned
easement vacation, to establish a new storm drain easement along the realigned pipeline that can
FOR AGENCY SECRETARY ONLY
File No.:
Agency Meeting:
Disposition:
CITY COUNCIL REPORT / Page 2
provide access to the City for any necessary construction, repair and maintenance of that portion
of the City's storm drain pipeline on the Northgate Mall.
ANALYSIS:
The vacation of that portion of existing 10' wide storm drain easement under and adjacent to the
Kohl's (formerly Mervyn's) building will remove an easement that has not been used for more
than 24 years and that has been superseded by relocation of the easement.. The acceptance of a
Easement Deed for the realigned storm drain pipeline running to the north and west of the
building will provide the City with the necessary access rights to that realigned pipeline, and will
assure a continual drainage of surface water runoff from Northgate Drive, a public street, across
the Northgate Mall's property as part of the City's existing drainage system.
ACTION REQUIRED: Adopt Resolution
Enclosures (2):
1. Resolution approving Vacation of Portion of Storm Drain Easement, and acceptance of new Easement
Deed for Storm Drain Easement, with attached Legal Description and Plat Map of Portion of Storm Drain
Easement being vacated.
2. Easement Deed for new Storm Drain Easement, with attached Legal Description and Plat Map
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING THE VACATION OF A PORTION OF AN EXISTING 10' WIDE
STORM DRAIN EASEMENT SHOWN ON THE MAP ENTITLED
"NORTHGATE REGIONAL SHOPPING CENTER" (12 RM 19), AND
ACCEPTING AND AUTHORIZING RECORDATION OF AN EASEMENT
DEED FOR A STORM DRAIN EASEMENT CONTAINING A REALIGNED
STORM DRAIN PIPELINE ON THE PROPERTY KNOWN AS THE "MALL AT
NORTHGATE" (APN 175-060-60)
WHEREAS, public interest, convenience and welfare require that the City of San
Rafael summarily vacate the portion of a dedicated storm drain easement adjacent to and
under the Kohl's building, formerly Mervyn's building, located at the Northgate Mall;
and accept an Easement Deed for a new storm drain easement; and
WHEREAS, the storm drain pipeline located within the dedicated 10' wide storm
drain easement under and adjacent to the Kohl's (formerly Mervyn's) building has not
been used for more than five (5) years and has been superseded by a realigned storm
drain pipeline running to the north and west of the building;
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 of San Rafael, pursuant to Street and Highways Code
Section 8333 (a) & (c), summarily vacates that portion of the existing 10'
wide storm drain easement under and adjacent to the Kohl's (formerly
Mervyn's) building on the Northgate Mall property (APN 175-060-60), for
public use and purposes, as is more particularly described and depicted
Exhibits "I" and "II" attached hereto and incorporated herein; and
3. From and after the date this Resolution is recorded, that portion of the 10'
wide storm drain easement described and depicted in Exhibit " P' and "II"
shall no longer constitute a public storm drain easement; and
4. The City Council accepts that certain Easement Deed on file with the City
Clerk, granting to the City of San Rafael a 10' wide storm drain easement
located on the property known as the Mall at Northgate (APN 175-060-60),
executed by Northgate Mall Associates, dated July 16, 2009, in place of the
aforementioned vacated storm drain easement; and
5. The City Cleric be and is hereby ordered to record a certified copy of this
Resolution and the aforementioned Easement Deed with the Marin County
Recorder's Office; and
6. The Mayor is authorized to execute, and the City Clerk is authorized to
record, such other documents, including a quitclaim deed, as may be
necessary to complete the Council's actions, in a form approved by the City
Attorney.
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 20`h day of July 2009, by the following
vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ESTHER C. BEIRNE, City Clerk
EXHIBIT I
Land Description
Storm Drain Easement Vacation
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 Records of Marin County, more
particularly described as follows:
COMMENCING at a point on the southeasterly line of Northgate Drive (64' wide), said point is
the southwesterly terminus of the line described as North 32000'00" East, 294.85' on said map and
running thence North 32000'00" East a distance of 19.54' to a point coincident with the westerly
terminus of the northerly line of the 10' wide Storm Drain Easement as shown on said map; thence
departing said easterly line, coincident with said northerly line, North 81038'48" East a distance of
134.52' to the TRUE POINT OF BEGINNING; thence continuing coincident with said
northerly and westerly lines of said easement, the following five (5) courses: North 8198'48"
East a distance of 109.89'; North 13°30'00" East a distance of 81.62'; South 76°30'00" East a
distance of 77.701; North 54°02'40" East a distance of 105.07'; North 13°30'00" East a distance
of 45.15'; thence departing said westerly line South 76030'00" East a distance of 10.00' to a point
on the easterly line of said easement, thence coincident with the easterly and southerly lines of
said easement, the following five (5) courses: South 13°30'00" West a distance of 48.85'; South
54002'40" West a distance of 11337'; North 76°30'00" West a distance of 72.30'; South
13°30'00" West a distance of 78.38'; South 81038'48" West a distance of 120.67; thence
departing said southerly line North 13°30'00" East a distance of 10.77' to the TRUE POINT OF
BEGINNING and having an area of 0.10 acres, more or less.
End of description.
Jesse L. Fullen, PLS #8208
License Expires 3/31/11
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Brentwood, CA 94513
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EXHIBIT II
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LINE TABLE
LINE LENGTH BEARING
L1 10.00' S76'30'00"E
L2 10.77' N13'30'00"E
POINT OF 0 3o' 60' 120'
COMMENCEMENT
THE MALL AT NORTHGATE CHECKED B�LF DATE:I5JUL09
JOB NO. SCALE:
STORM DRAIN EASEMENT VACATIONKM0004 =60'
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LAND DESCRIPTION PLAT SHEET 1 of 1
SAN RAFAEL MARIN CALIFORNIA
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 STORM DRAIN EASEMENT
(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, an
EASEMENT over the strip 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 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.
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 Easement
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 Records of Marin County, more
particularly described as follows:
CO11UI WNCING at a point on the easterly line ofNorthgate Drive (64' wide), said point is the
southwesterly terminus of the line described as North 32°00'00" East, 294.85' on said map and
running thence North 32°00'00" East a distance of 19.54' to a point coincident with the westerly
terminus of the northerly line of the 10' wide Storm Drain Easement as shown on said map; thence
departing said easterly line, coincident with said northerly line, North 81°38'48" East a distance of
90.99' to the TRUE POINT OF BEGINNING; thence, departing said northerly tine, North
15°58' 12" East a distance of 118.08' to the beginning of a tangent curve to the right; thence
coincident with said curve, having a radius of 655.00', a central angle of 13019'52", and an are
length of 152.40% thence, tangent to said curve, North 29018'04" East a distance of 39.65'; thence
South 75°48'56" East a distance of 225.10'; thence North 48°36'59" East a distance of 40.48' to
the westerly line of said Storm Drain Easement (12 RM 19); thence, coincident with said westerly
line, South 13°30'00" West a distance of 17.38'; thence South 48°36'59" West a distance of
31.53'; thence North 75048156" West a distance of 222.71'; thence South 29°18'04" West a
distance of 32.00' to the beginning of atangent curve to the left; thence coincident with last said
curve having a radius of 645.00', a central angle of 13°19'52", and an arc length of 150.07';
thence, tangent to last said curve, South 15'58'12" West a distance of 113.56' to said northerly
line of said easement; thence, coincident with said northerly line, South 81 °38'48" West a distance
of 10.97' to the TRUE POINT OF BEGINNING and having an area of 0.13 acres, more or less.
End of description.
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EXHIBIT B
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S29'18'04"W N7548'56"W 222.71'
rV 32.00'
— . .
THE MALL
AT NORTHGATI
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LOCATION OF
BUILDING LINE
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LINE TABLE
LINE BEARING DISTANCE
L1 S13'30'00"W 17.38'
L2 I S81'38'48"W 1 10.97'
N4636'59'E
40.48'
S4936'59'W- o
31.53'
z
POINT OF
/ COMMENCEMENT
THE MALL AT NORTHGATE
STORM DRAIN EASEMENT
LAND DESCRIPTION PLAT
0 30'
60'
120'
CHECKED BY.
DATE:
SAN RAFAEL MARIN CALIFORNIA
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SHEET 1 OF 1