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Agenda Item No: —6
Meeting Date: February 2, 2009
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: De rime he Works
Prepared b ���'� ,':%�'� ' City Manager Approval:
Parviz khta Lm Pktc orks Director K n Nordhoff
File Ref: 09.06.59
SUBJECT:
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL APPROVING
SUMMARY VACATION OF A SLIVER OF THE EXISTING RIGHT-OF-WAY ON THE
WEST SIDE OF LINDARO STREET IN CONNECTION WITH THE RELOCATION OF
SUCH STREET, AS SHOWN ON THE MAP ENTITLED "FINAL MAP - BEING A
SUBDIVISION OF THE LANDS OF SAN RAFAEL CORPORATE CENTER, LLC",
AND APPROVING THE EXECUTION AND RECORDATION OF QUITCLAIM DEEDS
IN CONNECTION WITH SUCH VACATED RIGHT-OF-WAY.
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution.
SUMMARY/BACKGROUND:
On February 17, 1998, the City Council adopted Resolution No. 10025, approving a tentative
subdivision map (TS97-1) for what is now known as the San Rafael Corporate Center (then the
Fair -Isaac Office Park), consisting of eight (8) parcels of land on the south side of Second Street
from the Pacific Gas & Electric substation on the West to Lincoln Avenue on the East. This
subdivision anticipated the widening of Lindaro Street and its relocation to the East, the
construction of five office buildings with parking lots, and the construction of two parking
structures.
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
On July 15, 2002, following a recommendation by the Planning Commission, the City Council
adopted Resolution No. 11135, approving the final map entitled "Final Map Being a Subdivision
of Lands of San Rafael Corporate Center, LLC". This Map was subsequently recorded by the
Marin County Recorder on September 27, 2002. Sheet 3 of the Final Map showed a very narrow
sliver of existing right-of-way, comprising approximately 0.008 acre (about 348.5 square feet),
on the West side of Lindaro Street accompanied by the statement "Exist. Right of Way to be
Quitclaimed/Abandoned through a separate instrument". Sheet 4 of the Final Map showed
another sliver of land identified as "Parcel A", comprising approximately 0.034 acre (about 1481
square feet), on the East side of Lindaro Street. The Owner's Statement and City Clerk's
Statement on Sheet 1 of the Final Map indicated that this Parcel "A" was dedicated to and
accepted by the City in fee simple for street and roadway purposes. The Final Map diagrams and
statements unequivocally show the City Council's intention to vacate and then convey the sliver
of right-of-way on the West side of Lindaro Street to the adjoining property owner(s) in exchange
for the right-of-way dedication in fee simple on the East side of Lindaro Street.
Following recordation of the Final Map, two of the proposed five buildings were constructed on
the San Rafael Corporate Center site, and required public improvements were made on Second
Street and to the relocated Lindaro Street. However, neither the City nor the San Rafael
Corporate Center owners followed through with the vacation and quitclaim of the sliver of
property on the West side of Lindaro Street as contemplated by the Final Map.
Seagate Properties, Inc., representative for the current owners of the San Rafael Corporate Center
owners, SR Corporate Center Phase One, LLC and SR Corporate Center Phase Two, LLC,
recently requested the City to carry out the vacation and quitclaim of the sliver of right-of-way on
the West side of Lindaro Street to the adjoining property owners as contemplated on the final
map.
ANALYSIS:
Government Code Section 8330(x) permits the City Council to summarily vacate a street,
without a public hearing as required by the general vacation procedures, if the street that has been
superseded by relocation. Therefore, Government Code Section 8330(a) would permit a
summary vacation of the sliver of land on the West side of Lindaro Street that became
unnecessary to the right-of-way because of the relocation of the street to the East made possible
by the dedication on the Final Map of additional right-of-way on the East side of Lindaro Street.
The City's remaining property interest in the vacated sliver of right-of-way on the West side of
Lindaro Street is unclear. Documents provided by a local title company to the City show that
Lindaro Street was identified as a "public street" on a map for the Village of San Rafael that was
prepared by the County Surveyor in 1838. No earlier evidence of any deed or dedication by
subdivision map of Lindaro Street in fee simple or as a roadway easement to the City has been
located. The City Attorney's office has advised that if the City's interest in Lindaro Street is no
more than a roadway easement, then the City's vacation of the sliver of right-of-way on the West
side of Lindaro Street would leave fee ownership in the sliver to the owners of the adjoining
property on the West side of Lindaro Street, and the City would have no remaining property
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
interest in that sliver. However, if the City owns Lindaro Street in fee simple, then the City
would retain fee ownership in the sliver of right-of-way on the West side of Lindaro Street upon
the City's vacation of such right-of-way.
The required consideration for the City's quitclaim of any property interest it retains in the
vacated sliver of right-of-way on the West side of Lindaro Street is provided by the larger sliver
of right-of-way dedicated to the City on the East side of Lindaro Street pursuant to the Final
Map. Such an exchange of right-of-way was clearly contemplated by the Final Map, without the
need for any additional consideration to be paid to the City. Since there are separate owners of
the two parcels contiguous with that sliver of property on the West Side of Lindaro Street, it is
appropriate for the City to quitclaim any property interest it retains in the vacated sliver of
property on the West side of Lindaro Street by two separate quitclaim deeds. One quitclaim deed
would be to SR Corporate Center Phase One, LLC, which owns the more southerly parcel on the
West side of Lindaro Street (AP No. 013-012-35). The other quitclaim deed would be to SR
Corporate Center Phase Two, LLC, which owns the more northerly parcel on the West side of
Lindaro Street (AP No. 013-012-34).
FISCAL IMPACT:
No fiscal impact. The City's vacation and quitclaim of the sliver of right-of-way on the West
side of Lindaro Street will carry out the actions contemplated by the recorded Final Map.
ACTION REQUIRED:
Adopt Resolution.
Enclosures (2)
1. Resolution.
2. Sheets 1-6 of the Final Map, San Rafael Corporate Center
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING SUMMARY VACATION OF A SLIVER OF THE EXISTING
RIGHT-OF-WAY ON THE WEST SIDE OF LINDARO STREET IN
CONNECTION WITH THE RELOCATION OF SUCH STREET, AS SHOWN
ON THE MAP ENTITLED "FINAL MAP - BEING A SUBDIVISION OF THE
LANDS OF SAN RAFAEL CORPORATE CENTER, LLC", AND
APPROVING THE EXECUTION AND RECORDATION OF QUITCLAIM
DEEDS IN CONNECTION WITH SUCH VACATED RIGHT-OF-WAY.
WHEREAS, on July 15, 2002, following a recommendation of the Planning Commission,
the City Council adopted Resolution No. 10025, finding that the Final Map entitled "Final Map being
the Subdivision of Lands of San Rafael Corporate Center, LLC" was consistent with the policies of
the San Rafael General Plan 2000, and approving such Final Map; and
WHEREAS, the San Rafael Corporate Center Final Map showed a widening of Lindaro
Street to 32 feet and a relocation of such street to the East, in connection with a sliver of existing
right-of-way on the West side of Lindaro Street which was "to be quitclaimed/abandoned by the City
through a separate instrument' while a larger sliver of such right-of-way was to be dedicated to the
City as Parcel "A" in fee simple for roadway and street purposes; and
WHEREAS, on September 27, 2002, the San Rafael Corporate Center Final Map was
recorded in Marin County Recorded Office, as Serial No. 2002-0085294; and
WHEREAS, the City Council in approving the Final Map showed its intention to abandon
and quitclaim the sliver of land on the West side of Lindaro Street to the adjoining property owner(s)
in exchange for the Parcel "A" sliver of land dedicated by the developer to the City on the East side
of Lindaro Street for roadway and street purposes; and
WHEREAS, a representative of the owners on the West side of Lindaro Street, SR Corporate
Center Phase One, LLC (owning AP No. 013-012-35), and SR Corporate Center Phase Two, LLC
(owning AP No. 013-012-34), have requested that the City carry out the intentions of the San Rafael
Corporate Center Final Map by vacating the sliver of right-of-way on the West side of Lindaro Street
and quitclaiming such property to such adjoining property owners; and
WHEREAS, the City Council finds that the sliver of right-of-way on the West side of
Lindaro Street may be vacated pursuant to the summary vacation procedures in Government Code
Section 8330(a), without the requirement for a public hearing, since such summary vacation has
arisen in connection with the relocation of the Lindaro Street right-of-way; and
WHEREAS, the City Council finds that the vacated sliver of right-of-way on West side of
Lindaro Street may be quitclaimed in two separate deeds to the owners of the respective adjoining
properties, SR Corporate Center Phase One, LLC, and SR Corporate Center Phase Two, LLC, since
the City previously received adequate consideration for such property by the dedication in the San
Rafael Corporate Center Final Map of a sliver of right-of-way on the East side of Lindaro Street in
fee simple for roadway and street purposes in conjunction with the relocation of such Lindaro Street
right-of-way to the East; and
WHEREAS, the vacation of the sliver of right-of-way on the West side of Lindaro Street and
the quitclaim of any City interest in such vacated sliver of right-of-way is exempt from the California
Environmental Quality Act pursuant to 14 California Code of Regulations Section 15061(b)(3) since
such actions will have no potential for a significant effect on the environment.
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 Street and Highways Code Section 8334(a),
summarily vacates and abandons the narrow sliver of existing right-of-way on the West side of
Lindaro Street, as is more particularly described in Exhibit "A" attached hereto and incorporated
herein.
3. From and after the date this adopted Resolution is recorded, the property described in Exhibit
"I" shall no longer constitute a portion of the City's Lindaro Street right-of-way.
4. That the City Clerk be and is herby ordered to record a certified copy of this Resolution in the
Office of the County Recorder Office for Marin County.
5. From and after the date of the recordation of this Resolution, the Mayor is authorized to
execute the two Quitclaim Deeds, in a form approved by the City Attorney, conveying the respective
portions of the vacated sliver of Lindaro Street right-of-way to the adjoining property owners, SR
Corporate Center Phase One, LLC (the portion of the sliver described on Exhibit II), and SR
Corporate Center Phase Two, LLC (the portion of the sliver described on Exhibit III), and the City
Clerk is directed to arrange for the recordation of said Quitclaim Deeds in the Office of the County
Recorder Office 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 2"d day of February, 2009, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ESTHER C. BEIRNE, City Cleric
Date: August 25, 2008
File: 5.692.13
PROPOSED ABANDONMENT FOR
A PORTION OF LINDARO STREET
That certain parcel of land situate in the City of San Rafael, County of Marin, California, being
more particularly described as follows:
BEGINNING at the southeast corner of Parcel 4 as shown on the Final Map of the San
Rafael Corporate Center as filed September 27, 2002 in Book 2002 of Maps page 185, Marin
County Records;
thence along the easterly line of said Parcel 4, North 8053'00" East, 10.98 feet;
thence continuing along said easterly line, North 6°45'0" East, 286.39 feet;
thence leaving said easterly line of Parcel 4 in a southeasterly direction along a curve to the
right whose radius point beats South 77°58'41" West, 10.00 feet, through a central angle of
18°39'24", an arc length of 3.26 feet;
thence South 6°38'05" West, 271.67 feet;
thence on a curve to the tight tangent to the preceding course having a radius of 500 feet,
through a central angle of 2°34'42", an arc length of 22.50 feet,
thence South 9°12'47" West, 148.50 feet;
thence South 11'14'08" West, 4.17 feet to a point on the easterly line of Parcel 1 as shown on
the aforementioned Final Map of San Rafael Corporate Center (2002 Maps, 185);
thence along the easterly line of said Parcel 1, North 8°53'00" East, 152.62 feet to the Point of
Beginning.
Containing 332 ± square feet.
End of Description
5\Des\569313 W -ti 09."d
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EXHIBIT "I"
Rev.:
January 27, 2009
Date:
December 24, 2008
File:
5.692.13
LEGAL DESCRIPTION
CONTIGUOUS WITH APN 013-010-35
That certain parcel of land situate in the City of San Rafael, County of Marin, California, being
more particularly described as follows:
BEGINNING at the Northeast comer of Parcel 1 as shown on the Final Map of the San
Rafael Corporate Center as filed September 27, 2002 in Book 2002 of Maps page 185, Marin
County Records;
thence leaving said Northerly comer of said Parcel 1, South 83°33'00" East, 1.03 feet to a
point on the Westerly line of Lindato Street as shown on said map (2002 maps 185);
thence continuing along said Westerly line, South 9°12'47" West, 148.50 feet;
thence South 11°14'08" West, 4.17 feet to a point on the easterly line of Parcel 1 as shown on
the aforementioned Final Map of San Rafael Corporate Center (2002 Maps 185);
thence along the easterly line of said Parcel 1, North 8°53'00" East, 152.62 feet to the Point of
Beginning.
Containing 90 ± square feet.
End of Description
F:lAd-nov\WP\5\569213%DesX56921301-27-09a.doc Exhibit "11"
Rev.: January 27, 2009
Date: December 24, 2008
File: 5.692.13
LEGAL DESCRIPTION
CONTIGUOUS WITH APN 013-010-34
That certain parcel of land situate in the City of San Rafael, County of Marin, California, being
more particularly described as follows:
BEGINNING at the southeast comer of Parcel 4 as shown on the Final Map of the San
Rafael Corporate Center as filed September 27, 2002 in Book 2002 of Maps page 185, Marin
County Records;
thence along the easterly line of said Parcel 4, North 8°53'00" East, 10.99 feet;
thence continuing along said easterly line, North 6°45'0" East, 286.39 feet;
thence leaving said easterly line of Parcel 4 in a southeasterly direction along a curve to the
right whose radius point beats South 77°58'41" West, 10.00 feet, through a central angle of
18°39'24", an arc length of 3.26 feet;
thence South 6°38'05" West, 271.67 feet;
thence on a curve to the right tangent to the preceding course having a radius of 500 feet,
through a central angle of 2'3,V42", an arc length of 22.50 feet;
thence North 83°33'00" West, 1.03 feet to the Point of Beginning.
Containing 243 ± square feet.
End of Description
F:1Ad-nav\W P\5\569213\Des1569213 61-27-69.dac
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