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HomeMy WebLinkAboutPW Northgate Mall Drainage Easement 1Agenda Item No: 11 0 iry01,.�Aopt y+� /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 2420 Sand Creek Road, C-1 #287 Brentwood, CA 94513 �rynl. tANOsv9� � 4'" JESSE L. .AFL FULLEN A No. 8208 t12A! sxP. $ EXHIBIT II _' Lt i' n Lo o_ Mlfj ON M O co co rATTNORTHGATEI co HE MALL z M (12 RM 19) �A��`` q� LMERVYN'S LEASE LINE ti11Q, AND APPROXIMATE ° LOCATION OF S76'30 ' 00 " E 77.7 BUILDING LINE No N76'30'00"W tzW r� W 72.30' 0 0 0o o TRUE POINT In Poo C ic'5/ OF BEGINNINGco ZFo 2 acj . N8,3S�a�^W 92060r POINT OF COMMENCEMENT J W FUUM SURVEYING & MAPPING, INC. 2428 Sand BrentwoCreCA R9d.5C-31 od 287 925.642.243 jIf8208®sbeglobal.net 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' DWG PATH S/EM01KHM0004-SDE-Vacot.dwg 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. 4 JESSEL- p4A��pg Q FULLEN i s L. llen, PLS 48208 a NO -820B License Expires 3/31/09 cp EIP. BrenOtwoodCCA 94513' C-1 #287 1 `kwFCAV A� ^Y a �7 TRUE POINT OF_ BEGINNING EXHIBIT B N29'18'04'E %39.65' S29'18'04"W N7548'56"W 222.71' rV 32.00' — . . THE MALL AT NORTHGATI =" (12 RM 19 ) MERVYN'S LEASE LINE 11AND APPROXIMATE LOCATION OF BUILDING LINE POINT OF 7--"�COM ENCEMENT L J = I R� WO" A- A ' FOUEN SURVEYING & MAPPING, INC. 2420 Sand Creek Rd. C-1 1287 Brentwood CA 94513 925.642.2543 jifB2080s bcg IoboI.net 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 SVElA01KHA10004_SDE-New.dwg SHEET 1 OF 1