HomeMy WebLinkAboutPW Portion of Rice Drive Summary Vacation____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: 04/02/2019
Disposition: Resolution 14652
Agenda Item No: 4.d
Meeting Date: April 2, 2019
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Bill Guerin,
Director of Public Works
City Manager Approval: ________
File No.: 18.06.52
TOPIC: SUMMARY VACATION OF A PORTION OF RICE DRIVE
SUBJECT: A RESOLUTION OF THE CITY COUNCIL APPROVING THE SUMMARY
VACATION OF EASEMENTS FOR PUBLIC STREET AND UTILITY PURPOSES OVER A
PORTION OF RICE DRIVE AND ADJACENT PROPERTY; (APNs. 013-041-52, 013-041-55
and portion of City right-of-way (Rice Drive); APN 013-041-44)
RECOMMENDATION: Adopt a resolution vacating public street and utility easements no longer
needed over a portion of Rice Drive and adjacent property to accommodate the Sonoma Marin
Area Rail Transit District (SMART)’s Larkspur Extension.
BACKGROUND: The Sonoma Marin Area Rail Transit District (SMART) has rehabilitated the
existing Northern Pacific Rail Line through Marin and Sonoma counties for commuter rail
service and started actual passenger service in August 2017 from Santa Rosa Airport to
Downtown San Rafael.
SMART is moving forward with extending their rail service from Downtown San Rafael to
Larkspur Landing (the “Larkspur Extension”). In connection with this extension, on March 20,
2017 the City Council and SMART entered into a Memorandum of Understanding (MOU)
memorializing their agreements for the realignment of Rice Drive, Francisco Boulevard West
and Irwin Street just south of Second Street, with the intent to eliminate two at-grade crossings
on the existing rail system. Construction for this section of the rail extension has been moving
forward over the last year and is scheduled for completion in late spring, at which time testing
will begin in order to begin passenger rail service in late 2019 or early 2020.
The realignment of the roadways to accommodate the new rail track required several property
transfers between different owners, both private and public. SMART took the lead in working
with impacted property owners to secure the necessary right-of-way for both the new roadway
and the new rail. SMART requested that the required land transfers occur in phases, asking the
City, for the first phase, to transfer three City-owned parcels under and next to Rice Drive to
SMART. SMART and the adjacent private property owners then opened an escrow for the
eventual transfer of the City, SMART and private properties to the intended owners. SMART
then obtained permission to enter the adjacent private property to build the new roadway and
railroad tracks.
In the final land transfer phase, the properties will be conveyed out of escrow so that SMART
will own the property underlying the railroad tracks, the City will own the property underlying the
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
new roadway, and the private property owners will own the remaining property, including the
parcels formerly owned by the City.
On December 4, 2017 by adoption of three resolutions, the City Council approved the grant of a
sanitary sewer easement to the San Rafael Sanitation District and the conveyance to SMART of
the City-owned parcels under and next to Rice Drive. The City retained public street and utility
easements over the parcels until such time as SMART could grant the City the required interest
in the new, realigned roadway. The City committed to vacating the retained easements at that
time.
ANALYSIS: SMART’s contractor is currently finishing the construction of the new roadway and
rail system from Second Street to the Larkspur rail station. In order to facilitate the final phase
of real property transactions, it is appropriate at this time for the City to vacate the public street
and utility easements it retained over the former City parcels so that those parcels may be
transferred unencumbered to the private property owners. SMART will grant the City the
necessary property interests in the new roadway prior to its opening for public use.
California Streets and Highways Code Section 8330(a) and 8333(c) authorizes the legislative
body of a local agency to summarily vacate a street that has been superseded by relocation, as
in this case. This realignment has been several years in the making and prior to the construction
commencing the City provided notice to affected utilities to relocate their facilities. However,
because some utilities will remain, SMART will be recording an easement for these affected
utilities prior to the complete transfer of the property to the private parties.
A resolution is attached approving the summary vacation of the superseded street and utility
easements. Exhibits A and B to the resolution define the older section of Rice Drive which is to
be summarily vacated and Exhibits C and D define former San Rafael Redevelopment property
in which the Larkspur Extension SMART rail system resides. The vacation will become effective
once the City Clerk records the resolution in the Marin County Recorder’s office.
Staff has determined that vacation of the public roadway and utility easements is exempt from
the California Environmental Quality Act (“CEQA”) pursuant to the State CEQA Guidelines,
under the Class 2 categorical exemption for minor alteration of existing public structures or
facilities involving negligible or no expansion of use (14 Cal. Code Regs. Section 15301)).
FISCAL IMPACT: There is no fiscal impact associated with this item.
OPTIONS:
1. Adopt the resolution.
2. Do not adopt the resolution, which may limit SMART and the property owners’ ability
to utilize the property as originally anticipated in the MOU with SMART.
RECOMMENDED ACTION:
Adopt a resolution summarily vacating public street and utility easements no longer needed over
a portion of Rice Drive and adjacent property to accommodate the Sonoma Marin Area Rail
Transit District (SMART)’s Larkspur Extension.
ATTACHMENTS:
1. Resolution with Exhibits A through D: property descriptions and plats
__________________________________________
RECORDING REQUESTED, AND
WHEN RECORDED, RETURN TO:
City of San Rafael
City Clerk, Room 209
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
Attention: Lindsay Lara, City Clerk
___________________________________________________________________________________
RESOLUTION NO. 14652
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL APPROVING THE SUMMARY VACATION OF EASEMENTS
FOR PUBLIC STREET AND UTILITY PURPOSES OVER A PORTION
OF RICE DRIVE
AND ADJACENT PROPERTY
(APNs. 013-041-52, 013-041-55 and portion of City right-of-way (Rice Drive))
(APN 013-041-44)
RESOLUTION NO. 14652
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING THE SUMMARY VACATION OF EASEMENTS FOR PUBLIC
STREET AND UTILITY PURPOSES OVER A PORTION OF RICE DRIVE
AND ADJACENT PROPERTY
(APNs. 013-041-52, 013-041-55 and portion of City right-of-way (Rice Drive))
(APN 013-041-44)
WHEREAS, the Sonoma Marin Area Rail Transit District (SMART) has rehabilitated the
existing Northern Pacific rail line through Marin and Sonoma Counties for commuter rail service,
and started actual passenger service in August 2017 from the Santa Rosa Airport to Downtown
San Rafael; and
WHEREAS, SMART is now pursuing the construction of the rail line from Downtown San
Rafael to Larkspur Landing (the “Larkspur Extension”); and
WHEREAS, the original rail alignment south of Second Street has a total of six at-grade
crossings, at Third Street, Second Street, Francisco Blvd. West near Second Street, Irwin Street
at Francisco Blvd. West, Rice Drive, and Andersen Drive, and the City of San Rafael and
SMART have been working for several years on a plan to eliminate the at-grade crossings at
Francisco Blvd. West and Irwin Street by realigning the City’s roadway and SMART’s railroad
tracks; and
WHEREAS, SMART developed plans for the realignment of Francisco Blvd. West,
including a proposal for relocation of part of Rice Drive between the railroad tracks and
Francisco Blvd. West; and
WHEREAS, to effectuate the desired realignment, SMART proposed to enter into a
series of land exchanges involving the City of San Rafael and the owners of nearby private
property where the realigned Rice Drive is being built; and
WHEREAS, in furtherance of the proposed realignment of the roadway and the railroad
tracks, and in exchange for SMART’s commitment to later conveying to the City of San Rafael
such parcels of real property as required for the City’s use of the realigned Rice Drive for public
street and utility purpose, the City made the following conveyances to SMART:
a. Grant to SMART of Assessor’s Parcel Nos. 013-041-52, 013-041-55 and portion of
City (Rice Drive) right-of -way, by Grant Deed recorded on March 20, 2018 as
Document No. 2018-0009898 in the Official Records of the County of Marin; and
b. Grant to SMART of Assessor’s Parcel No. 013-041-44 by Grant Deed recorded on
March 20, 2018 as Document No. 2018-0009897 in the Official Records of the
County of Marin.
WHEREAS, in granting such properties to SMART, the City reserved to itself easements
for public street and utility purposes until such time as the realignment is completed and the new
public street is available for use as a City of San Rafael public street, and committed to vacating
such easements at that time; and
WHEREAS, in October 2016 the City of San Rafael provided notice to all affected
utilities to relocate their facilities prior to the roadway realignment in this area and the utilities
have each worked with SMART to obtain satisfactory property rights for their facilities; and
WHEREAS, the street realignment is substantially complete and ready to be opened for
public use and by reason of such relocation, the public street and utility easements reserved by
the City are no longer needed for current or prospective public use; therefore, it is appropriate
for the City to vacate the easements; and
WHEREAS, SMART has confirmed that it will convey to City the property interests
needed for the City’s use of the relocated street prior to the street’s opening for public use; and
WHEREAS, in 2006 SMART certified the Sonoma-Marin Area Rail Transit Project Final
Environmental Impact Report that covered all of SMART’s activities along the rail line including
the Larkspur Extension; and
WHEREAS, the City Council finds that the vacation of the public roadway and utility
easement over the Rice Drive Properties approved herein is exempt from the California
Environmental Quality Act (“CEQA”) pursuant to the State CEQA Guidelines, under the Class 2
categorical exemption for minor alteration of existing public structures or facilities involving
negligible or no expansion of use (14 Cal. Code Regs. Section 15301));
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 Sections
8330(a) and 8333(c), summarily vacates and abandons for public use and
purposes:
a. The easement for public street and utility purposes over that certain real
property commonly known as 013-041-52, 013-041-55 and portion of City
right-of-way (Rice Drive), more particularly described and depicted in the
Legal Description and Plat, attached hereto and incorporated herein as
Exhibit “A” and Exhibit “B”, respectively; and
b. The easement for public street and utility purposes over that certain real
property commonly known as 013-041-44, more particularly described and
depicted in the Legal Description and Plat, attached hereto and incorporated
herein as Exhibit “C” and Exhibit “D”, respectively.
3. From and after the date this adopted Resolution is recorded, the easements
described in Exhibits “A” through “D” shall no longer constitute public street and
utility easements.
4. That the City Clerk be and is hereby ordered to record a certified copy of this
Resolution with the Marin County Recorder’s Office.
5. That the City Manager is authorized to execute, and the City Clerk is authorized
to record with the Marin County Recorder’s Office, such other documents,
approved as to form by the City Attorney, as may be necessary to complete the
City Council’s action as taken herein.
I, LINDSAY LARA, 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 2nd day of April 2019, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Gamblin
LINDSAY LARA, City Clerk
Exhibit A-Legal Description of APN: 013-041-52, -55 &
Portion of City ROW (Rice Drive)
Exhibit 8-Plat for APN: 013-041-52 &-55 &
Portion of City ROW {Rice Drive)
Exhibit "A"
Legal Description
Parcel One:
Lying within the City of San Rafael, County of Marin, State of California and being the
land deeded from Roland A. Bacci and Beverly A. Bacci, Trustees or successor trustee(s)
under the Roland and Beverly Bacci Family Trust U/ AJD 4/19/90 as amended to the City
of San Rafael under Document Number 96-045952 Official Records of Marin County,
said land is more particularly described as follows:
BEGINNING at the intersection of the southerly line of the parcel conveyed to Bacci by
Document Number 84-087055, Marin County Records, with the easterly line of Rice
Drive; thence along the easterly line of Rice Drive, N 35°55'51" E, 77.36 feet; thence N
44°13'51" W, 60.90 feet to the westerly line of Rice Drive; thence along said line S
35°55'51" W, 74.16 feet; Thence S 41°17'25" E, 61.52 feet to the POINT OF
BEGINNING
Accepted by The City of San Rafael under Resolution No. 9669, dated August 19, 1996 .
Containing 4,546 Square Feet more or less
Parcel Two
Lying within the City of San Rafael, County of Marin, State of California and being a
portion of Segment 2 as shown on the land relinquished to the City of Santa Rafael under
Relinquishment of Highway Right of Way, Request No. 56112, recorded under
Document Number 2015-0017225, together with a portion of Segment 1 as shown on the
land relinquished to the City of Santa Rafael under Relinquishment of Highway Right of
Way, Request No. 56120, recorded under Document Number 2015-0017224 Official
Records of Marin County, said portions are more particularly described as a whole as
follows:
Commencing at the northeasterly comer of the land granted from Bacci Trust to the City
of San Rafael as described in Deed recorded under Document Number 96-045952
Official Records of Marin County, said point marked by a Rivet and Tag, stamped LS
5814, as shown on the Parcel Map filed in Book 26 of Parcel Maps, Page 4, Marin
County Records; thence North 44°13'51" West 5 .32' to the northwest line of the land
shown as "excess land parcel" on the Caltrans Relinquishment Map No. 56120, Filed
February 6, 2015, in State Highway Map Book 6, Page 2, Marin County Records, on the
northwest side of Parcel 1 of said map and the POINT OF BEGINNING; thence along
the northwest line of said Segment 1, North 34°51 '32" East 47.26 feet; thence along said
northwest line and along the south line of said Segment 1, on a curve to the right with a
1360 North Dutton Avenue, Suite 150, Santa Rosa, CA 95401
Tel: (707) 542-6268 Fax: (707) 542-2106
www .cinquinipassarino .com
CPI No.: 7240-15
Page 1 of 2
Radius of 33 .00 feet, for a length of 52.16 feet, through a central angle of 90°33 '40" to a
point of cusp; thence leaving said south line of Segment 1, North 53°26'40" West 106.62
feet to the west line of Segment 2 as shown on the Caltrans Relinquishment Map No.
56112, filed February 6, 2015, in State Highway Map Book 6, Page 2, Marin County
Records, said point being on the westerly line of Rice Drive; thence along the west line of
said relinquishment and Rice Drive, on a non~tangent curve to the right, the radius point
of which bears, South 63°41 '50" West, with a Radius of 53.56 feet, through a central•
angle of 65°43'56", for a length of 61.45 feet; thence, continuing along said
relinquishment line and the west line of Rice Drive, South 35°36'56" West 23.37 feet to
the North line of the lands of the City of San Rafael as described in the Deed to the City
of San Rafael deeded from Roland A. Bacci and Beverly A. Bacci, Trustees or successor
trustee(s) under the Roland and Beverly Bacci Family Trust U/A/D 4/19/90 as amended
to the City of San Rafael w1der Document Number 96-045952 Official Records of Marin
County; thence along said line, South 44°13'51" East 46.85 feet to the POINT OF
BEGINNING.
Containing 4,152 Square Feet more or less
1360 North Dutton Avenue, Suite 150, Santa Rosa, CA 9540 l
Tel: (707) 542-6268 Fax: (707) 542-2106
www.cinquinipassarino.com
CPI No.: 7240-15
Page 2 of 2
PARCEL
EXHIBIT 'B'
lHIS DIAGRAM IS FOR GRAPHIC PURPOSES ONLY. ANY
ERRORS OR OMISSIONS SHALL NOT EFFECT lHE LEGAL
DESCRIPTION.
(N40"23"40"W 61 .51')R17 \
S41"1 7'25.E \
61.52'
~
PARCEL
ONE
SITE MAP
NO SCALE
BACCI FAMILY LP.
0,N. 2004-102:0-4S
A.P.N. 013-041-M
PARCEL MAP -26 P.M. 04
PARCEL 2
s35•55•s1 ·w 74.16
(NJ6"51 '1 O"E 376.51 )R10
SAN RAFAEL RmE."S..OPMEHT
AGENCY
0,N , 19112-025909
1---s35·3s•5s"w 23.37 STAlE CA..
1-le ♦ O.R. 1511
APN 013-041-48 \
'l"\
{N36"30'01"W 2J.86')R19
R•53.56'
lr:65"43'56"
L•61.45'
PARCEL MAP
20D6 MAPS 143
LO-Y 1
PARCEL
TWO
AD BRG
ss3•41•so·w ----
R8 CALTRANS RIGHT OF WAY PLANS IV-MRN-1-C POST MILE 8.7-10.6
R10 RECORD OF SURVEY -1999 MAPS 239, M.C.R.
R16 PARCEL t.AAP -26 P.M. 04, M.C.R,
( IN FEET )
1 in ch = 40 ft.
ABBR EVIATIONS
-
-
80
/
R17 RECORD OF SURVEY -2004 MAPS 170, M.C.R .
R18 PARCEL MAP -2006 MAPS 143, M.C.R.
ON • DOCUMENT NUMBER
P.U.E.= PUBLIC UTILITY EASEMENT
R19 RELINQUISHMENT NO. 56112 -BOOK 6 STATE HWY MAPS, PAGE 1, M.C.R.
R20 RELINQUISHMENT NO. 56120 -BOOK 6 STATE HWY MAPS, PAGE 2, M.C.R.
0 = 3/4• IRON PIPE
~-= EASEMENT AREA
THIS EXHIBIT WAS PREPARED BY ME OR
UNDER MY DIRECTION.
JAMES M. DICKEY, P.L.S. 7935
CINQUINI & PASSARINO, INC.
LAND SURVEYING
1360 No. Dutton Ave.
Santa Roaa, Ca. 95'1()1
Phone: (707) 5-42-6268
.I. SUBOIVISIONS Fax: (707) M2-2106
WWW,CINQUINIPASSARINO.Cc».4
JOB NAME:RICE DRIVE PARCELS DRAWN BY: TM CHECKED BY:
i----------------tSCALE:1" • 40' DAlt: 9/21/17
DESCRIPTION: R.O.W. PARCELS JOB f:7240-15 PAGE: 3 OF 3
Exhibit. C -Legal Description of APN: 013-041-44
Exhibit 'r;i-Plat for APN: 013-041-44
Exhibi~ ' C "
Legal Description
Parcel One:
Lying within the City of San Rafael, County of Marin, State of California and being the
land deeded to City of San Rafael, a charter city and municipal corporation by grant deed
recorded under Document Number 2017-0009320, Official Records of Marin County,
said land is more particularly described as follows:
Commencing at a point S54°25'3 l "E, 25.22 feet from the most southerly point of the
parcel of land described by the deed recorded March 28, 1980, in Book 3696, Page 159,
Official Records of Marin County; thence along a right-of-way line S54°25'3l"E, 232.87
feet; thence along a right-of-way line, being a left hand curve, whose center bears
N77°13'0l"E, with a radius of 462.78 feet , through an angle of2°17'51", over an arc
length of 18.56 feet; thence along a right-of-way line, S52°45'42"E 30.68 feet; thence
along a right-of-way line, S41 °20'42"E, 67.27 feet; thence along a right-of-way line,
S35°55'51"W, 50.45 feet; thence along a left hand curve, whose cepter bears S
87°20'08"E, with a radius of 35.99 feet, through an angle of 44°25'28", over an arch
length of 27.91 feet to a point of compound curvature; thence along a left hand curve,
whose center bears S49°08'30"W, with a radius of 5991.30 feet , through an angle of
3°07'30", over an arc length of 326.79 feet, to the point of commencement.
1360 North Dutton Avenue, Suite 150, Santa Rosa, CA 95401
Tel: (707) 542-6268 Fax: (707) 542-2106
www.cinquinipassarino.com
CPI No .: 7240-15
Pagel of I
A r---71--.-.;---------------~---,;,:----;,~---r-----.::::---=-------:=
EXHIBIT 'D'
I t f THIS DIAGRAM IS FOR
t-> • \ GRAPHIC PURPOSES ONLY.
I ~-'t_.·\ ANY ERRORS OR OMISSIONS
-,. SHALL NOT EFFECT THE
rn LEGAL DESCRIPTION.
"<:t
0
LO (\j
N
POINT OF
COMMENCEMEN T
\
\
\
\ \ \ i\\ \ ~\~ \
0~ ~\o ~$\
\f,v,
~c
S54"25'31nE 232.87' \ §.
(S5Y22'49'E 158 .0 S)RI0 fi ';l
(N53 '23'24"W 3 28 .0!r)On\
(S53"23'24" 328.14)R17
STATE CA, \ 1-464 O.R. 159
APN 013-041-48
R•462.78'
6=2"17'51"
L=18.56'
S52'45'42"E 30.68'
(S51 '52'21 "E 30.68)R17
(S51 '51 '15"E 30.68)R1 O
S41'20'42"E 6 7.27'
(S40 '3 7'22"E 67.96)R 17
(S 40 "23'05"E 67.37)R10
REFERENCE
SITE MAP
NO SCALE
DEEDS
D12 N.W.P.R.R. TO STATE OF CA. -2361 O.R. 199, M.C.R.
R10 RECORD OF SURVEY -1999 MAPS 239, M.C.R.
R17 RECORD OF SURVEY -2004 MAPS 170, M.C.R.
GRAPHIC SCALE
40 0 40 80
~~ -
'
J
( IN FEET )
1 inch = 40 ft.
ABBREYIADONS
DN .., DOCUMENT NUMBER
P.U.E.= PUBLIC UTILITY EASEMENT
\
. \
0 • 3/4" IRON PIPE !Z23 = EASEMENT AREA
THIS EXHIBIT WAS PREPARED BY ME OR
UNDER MY DIRECTION.
JAMES M. DICKEY, P.L.S. 7935
CINQUINI & PASSARINO, INC.
LAND SURVEYING
1360 No. Dutton Ave.
Santo Roeo, Ca. 95-401
Phone: (707) 542-6268
& SUBDIVISIONS Fox: (707) 542-2106
WWW.CINQUINIPASSARINO.COM
JOB NAME:RICE DRIVE PARCELS DRAWN BY: 1M CHECKED BY:
1------------------fSCALE: 1'' = 40' DATE: 9/21/17
DESCRIPTION: R.O.W. PARCELS JOB !11:7240-15 PAGE: 2 OF 2