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HomeMy WebLinkAboutPW Vacate a Portion of Jacoby Street____________________________________________________________________________________ FOR CITY CLERK ONLY File No.: 2-4-43 Council Meeting: 6/17/2019 Disposition: Resolution 14687 Agenda Item No: 4.j Meeting Date: June 17, 2019 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: Josh Minshall, Associate Civil Engineer City Manager Approval: ______________ TOPIC: VACATE A PORTION OF JACOBY STREET SUBJECT: A RESOLUTION OF INTENTION TO ORDER VACATION OF PORTIONS OF JACOBY STREET, SAN RAFAEL, CALIFORNIA RECOMMENDATION: Adopt a resolution of intention to vacate a portion of Jacoby Street and set a public hearing on the matter for July 15, 2019. BACKGROUND: Prior to 1984, a portion of Jacoby Street existed as a paper street through what is currently Marin Sanitary Service (MSS) property. A paper street is designated on a recorded document but is not necessarily constructed as a roadway. Paper streets are set up based on the original subdivision of the properties and also allow utilities to provide services within these areas. In this case, the alignment of Jacoby Street was part of an historic route following the grade near the bottom of the hillside to connect towards San Quentin, prior to the construction of Highway 580. The underlying property is owned by Marin Sanitary Service (MSS) and the paper street is an easement across that property originally intended to provide access and utilities to adjacent properties. The subsequent installation of Andersen Drive through this area of San Rafael has provided more direct access to the area, making the portion of Jacoby Street through MSS superfluous. In 1984, the City of San Rafael vacated half the width of Jacoby Street through MSS property per Resolution No. 6780. Vacating the entire roadway was not pursued at that time based on requests from utility companies who used to maintain facilities within a portion of the existing paper street. In 1993, the conditions of approval for MSS’s Use Permit 92-7 noted that the remainder of Jacoby Street should be abandoned from the westerly property line of AP 18-143-06 (now AP 18-180-72) to Jacoby Street’s easterly terminus. City Use Permit 96-8 confirmed this condition of approval. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 In 2012, as part of its preparation to amend its Use Permit, MSS requested that the City move forward with the vacation process for the paper street section of Jacoby Street located within MSS property. The portion of Jacoby Street to be abandoned is shown and described on Exhibit A of Attachment 1. In 2015 the San Rafael City Council adopted Resolution 13976, amending the MSS Use Permit (Master Use Permit 09-020 and Environmental Design Review Permit ED09-031), which included lot consolidation. As part of Condition 25 of ED09-031 the applicant was required to submit documents and a deposit for vacating this portion of Jacoby Street. The abandonment process, referred to as a general vacation, is set forth in the California Streets and Highways Code, Sections 8320-8325. The following steps are intended to meet the process requirements: 1. Notify and receive confirmation from utilities. 2. Adopt a Resolution of Intent 3. Post notices of the public hearing on the property to be vacated 4. Conduct a public hearing Utilities were previously notified on June 23, 2015 of the proposed vacation. Objections were received from MMWD, PG&E and SRSD, based on their existing or potential infrastructure within Jacoby Street. Following these objections, MSS has coordinated and prepared easements to address each objection (Attachment 2 and 3). Another set of notifications was sent May 15, 2019 to confirm that remaining objections have been withdrawn. ANALYSIS: The historic purpose of Jacoby Street was to connect the City of San Rafael to San Quentin, which also provided access to properties as they developed along Andersen Drive. However, this portion of Jacoby Street has not been utilized by the City since the completion of Highway 580 and Andersen Drive. As referenced in the background, the abandonment was a condition of the Master Use Permit, and the underlying property is currently owned by MSS. Vacation would not be a grant of City owned property, but rather the City would be relinquishing the right to construct a roadway or utilities in the remaining alignment. Therefore, this would not be considered a special benefit to MSS, but fulfillment of the conditions imposed as part of the approval of the Master Use Permit. Staff believes it is appropriate to move forward with vacating this section of Jacoby Street as requested by MSS and as noted in the conditions of approval for MSS. MSS has utilized these lands as part of their site operation and have installed a gate at the westerly end of their site on Jacoby Street, to secure their operations and demarcating the City’s maintenance limit. Staff has provided notification to utility companies of the City’s intent to vacate this property. Utilities are encouraged to contact the property owner to secure independent easements for their facilities and it is staff’s understanding that the Marin Municipal Water District (MMWD ) is pursuing such an easement with MSS. MMWD has sent the City a letter indicating that their prior request to not vacate the existing portion of Jacoby Street has been withdrawn (Attachment 2). An easement has been proposed for PG&E regarding their existing facilities. Similarly, a separate easement has been proposed for the San Rafael Sanitation District (SRSD). These easements are shown and described in Attachment 3. The City is not obligated to halt the vacation process, but as a courtesy, staff has coordinated this effort with utilities, such they have secured easements with the property owner. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 At this time, the City is asked to set a hearing date, and to notice the intent to vacate. The recommended action does not approve the vacation of Jacoby Street. The vacation of the roadway will be considered at the public hearing on July 15, 2019, after which the Council will vote on whether to approve the vacation. FISCAL IMPACT: There is no fiscal impact to the City. Staff costs associated with this action will be reimbursed by MSS per the use permit conditions. OPTIONS: The City Council has the following options to consider on this matter: 1. Adopt the resolution as presented. 2. Adopt the resolution with modifications. 3. Direct staff to return with more information. 4. Take no action. RECOMMENDED ACTION: Adopt a resolution of intention to vacate a portion of Jacoby Street and to set a public hearing on the matter for July 15, 2019. ATTACHMENTS: 1. Resolution, with Exhibit A: Legal Description and Plat 2. MMWD Letter withdrawing a request for reservation Oct. 2, 2018. 3. Proposed easements, with Exhibit B for PG&E and Exhibit C for SRSD 1 RESOLUTION NO. 14687 SAN RAFAEL CITY COUNCIL RESOLUTION OF INTENTION TO ORDER VACATION OF PORTIONS OF JACOBY STREET, SAN RAFAEL, CALIFORNIA WHEREAS, prior to 1984, a portion of Jacoby Street existed as a paper street through what is currently Marin Sanitary Service (MSS) property, originally forming a part of an historic route towards San Quentin, prior to the construction of Highway 580; and WHEREAS, the subsequent installation of Andersen Drive through this area of San Rafael has provided more direct access to the area, making the portion of Jacoby Street through MSS superfluous; and WHEREAS, in 1984, the City of San Rafael vacated half the width of Jacoby Street through MSS property per Resolution No. 6780. Vacating the entire roadway was not pursued at that time based on requests from utility companies who used to maintain facilities within a portion of the existing paper street; and WHEREAS, in 1993, the conditions of approval for MSS’s Use Permit 92-7 noted that the remainder of Jacoby Street should be abandoned from the westerly property line of AP 18- 143-06 (now AP 18-180-72) to Jacoby Street’s easterly terminus. City Use Permit 96-8 confirmed this condition of approval; and WHEREAS, in 2012, as part of its preparation to amend its Use Permit, MSS requested that the City move forward with the vacation process for the paper street section of Jacoby Street located within MSS property. The portion of Jacoby Street proposed for abandonment is shown and described on Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, in 2015 the San Rafael City Council adopted Resolution 13976, amending the MSS Use permit. As a condition of approval, the City required the applicant to submit documents and a deposit for vacating the remaining portion of Jacoby Street on MSS property; and WHEREAS, it appears that that portion of Jacoby Street shown in Exhibit A, lying southwesterly of Andersen Drive and southeasterly of Simms Streets, is unnecessary for present or prospective public purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as follows: 1. That the City Council hereby elects to proceed under the General Vacation provisions of the Public Streets, Highways, and Service Easements Vacation Law (Sts. & Hwys Code §§8320-8325). 2. That the City Council hereby declares its intention to vacate the portion of Jacoby Street shown on and described in Exhibit “A”. 2 3. That the regular meeting of the City Council on July 15, 2019 at 7:00 pm in the Council Chambers, City Hall, San Rafael, California, is hereby fixed as the time and place for hearing all persons interested in or objecting to the proposed vacation. 4. That the Department of Public Works of the City of San Rafael shall post at least three (3) notices of street vacation conspicuously along the lines of the portion of Jacoby Street proposed to be vacated, which notices shall be posted not more than 300 feet apart. The notice shall state the time and place of the public hearing as hereinabove provided, and the adoption of this Resolution of Intention. 5. That a map or plan showing the portion of Jacoby Street proposed to be vacated is on file in the office of the City Clerk of the City of San Rafael at the City Hall, San Rafael, California. I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City on the 17th day of June 2019, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Gamblin LINDSAY LARA, City Clerk OBERKAMPER & ASSOCIATES 04-16-19 CIVIL ENGINEERS, INC Job No. 10-121 1 LEGAL DESCRIPTION JACOBY RIGHT OF WAY VACATION TO MARIN SANITARY SERVICE All that certain real property situate in the State of California, County of Marin, City of San Rafael, and more particularly described as follows: Being a portion of the public street designated as Jacoby Street and more particularly described as follows: BEGINNING AT the most easterly corner of Parcel E as described in the Lot Line Adjustment document recorded by document serial 97-056783, Marin County Records, point being the on the centerline of the 60’ right-of-way formerly known as the San Rafael-San Quentin Toll Road; thence along said centerline North 57°15’ West 20.46 feet; thence North 81°32’ West 204.80 feet; thence South 69°54’ West 203.50 feet; thence South 72°59’ West 116.60 feet; thence North 84°06’ West 384.90 feet; thence North 66°49’ West 92.20 feet; thence North 52°28’ West 245.10 feet; thence North 43°10’ West 176.80 feet; thence North 12°13” West 406.10 feet; thence North 48°36’ West 95.60 feet to the Southeasterly corner of Parcel 2 as shown on that Parcel Map titled, “Parcel Map, Lands of Quail Hill Inc.” recorded in Book 15 of Parcel Maps at page 38, Marin County Records; thence continuing along said right-of-way centerline being common to the Southerly line of said Parcel 2, North 77°03’ West 116.70 feet; thence South 80°21’ West 163.00 feet; thence North 69°37’ West 82.00 feet; thence North 49°32’ West 70.51 feet to the most Westerly corner of said Parcel 2; thence leaving the line of said right-of-way along the boundary common to said Parcel 2 and Parcel 1 as shown on said Parcel Map (15 PM 38), North 38°26’50” East 30.02 feet to a point on the Northeasterly boundary of Parcel A as shown on said Parcel Map (15 PM 38); thence along the boundary of said Parcel A, North 49°32’ West 31.52 feet; thence North 36°08’ West 193.38 feet; thence North 70°35’ West 87.46 feet to point on the boundary of Parcel A as described in said Lot Line Adjustment document (97-056783); thence along the boundary of said Parcel A (97-056783), North 70°35’ West 268.82 feet; thence North 57°09’ West 131.46 feet; thence North 43°01’ West 88.09 feet to the Westerly corner of said Parcel A (97-056783), point being the Southerly corner of the property described in the Grant Deed to D&M Investment Properties, LLC recorded by document serial 2001-0089424, Marin County Records; thence leaving the boundary of said Parcel A, South 46°59’ West 60.00 feet to a point on the Northeasterly boundary of Parcel B as described in said Lot Line Adjustment document (97-056783); thence along said Northeasterly boundary of Parcel B, South 43°01’ East 95.53 feet; thence South 57°09’ East 145.96 feet; thence South 70°35’ East 149.50 feet to the Northwesterly corner of Parcel C as described in said Lot Line Adjustment document (97-056783); thence along the boundary of said Parcel C, South 70°35’ East 105.69 feet; thence leaving the boundary of said Parcel C and continuing along a line offset 30 feet South of the centerline of the 60’ right-of-way formerly known as the San Rafael-San Quentin Toll Road, South 70°35’ East 89.55 feet; thence South 36°08’ East 181.82 feet; thence South 49°32’ East 115.45 feet; thence South 69°37’ East 95.36 feet; thence North 80°21’ East 165.05 OBERKAMPER & ASSOCIATES 04-16-19 CIVIL ENGINEERS, INC Job No. 10-121 2 feet; thence South 77°03’ East 103.10 feet; thence South 48°36’ East 78.14 feet; thence South 12°13” East 404.55 feet; thence South 43°10’ East 187.55 feet; thence South 52°28’ East 251.32 feet; thence South 66°49’ East 100.54 feet; thence South 84°06’ East 395.54 feet; thence North 72°59’ East 123.49 feet; thence North 69°54’ East 196.67 feet; thence South 81°32’ East 190.71 feet; thence South 57°15’ East 9.41 feet to the Easterly boundary of said Parcel E (97-056783); thence leaving the line offset 30 feet South of the centerline of the 60’ right-of-way (formerly known as the San Rafael-San Quentin Toll Road) along the boundary of said Parcel E, North 41°27’18” East 30.35 feet to the point of beginning. pab:leo OBERKAMPER & ASSOCIATES 04-16-19 CIVIL ENGINEERS, INC Job No. 10-121 1 LEGAL DESCRIPTION PG&E EASEMENT All that certain real property situate in the State of California, County of Marin, City of San Rafael, and more particularly described as follows: Being a portion of the public street designated as Jacoby Street and more particularly described as follows: BEGINNING AT the Westerly corner of Parcel A (97-056783), point being the Southerly corner of the property described in the Grant Deed to D&M Investment Properties, LLC recorded by document serial 2001-0089424, Marin County Records; thence leaving the boundary of said Parcel A, South 46°59’ West 60.00 feet to a point on the Northeasterly boundary of Parcel B as described in said Lot Line Adjustment document (97-056783); thence along said Northeasterly boundary of Parcel B, South 43°01’ East 95.53 feet; thence South 57°09’ East 145.96 feet; thence South 70°35’ East 149.50 feet to the Northwesterly corner of Parcel C as described in said Lot Line Adjustment document (97-056783); thence along the boundary of said Parcel C, South 70°35’ East 105.69 feet; thence leaving the boundary of said Parcel C and continuing along a line offset 30 feet South of the centerline of the 60’ right-of-way formerly known as the San Rafael-San Quentin Toll Road, South 70°35’ East 89.55 feet; thence South 36°08’ East 181.82 feet; thence South 49°32’ East 54.87 feet to a point on the Northeasterly boundary of Parcel C; thence along the boundary of said Parcel C, North 15°02’ East 33.73 feet; thence leaving the boundary of said Parcel C, North 38°26’50” East 30.02 feet to a point on the Northeasterly line offset 30 feet North of the centerline of the 60’ right-of-way; thence along the Northeasterly line offset 30 feet North of the centerline, North 49°32’ West 31.52 feet; thence North 36°08’ West 193.38 feet; thence North 70°35’ West 87.46 feet to point on the boundary of Parcel A as described in said Lot Line Adjustment document (97-056783); thence along the boundary of said Parcel A (97-056783), North 70°35’ West 268.82 feet; thence North 57°09’ West 131.46 feet; thence North 43°01’ West 88.09 feet to the point of beginning. OBERKAMPER & ASSOCIATES 04-16-19 CIVIL ENGINEERS, INC Job No. 10-121 2 LEGAL DESCRIPTION SAN RAFAEL SANITATION DISTRICT EASEMENT All that certain real property situate in the State of California, County of Marin, City of San Rafael, and more particularly described as follows: Being a portion of the public street designated as Jacoby Street and more particularly described as follows: BEGINNING AT the Westerly corner of Parcel A (97-056783), point being the Southerly corner of the property described in the Grant Deed to D&M Investment Properties, LLC recorded by document serial 2001-0089424, Marin County Records; thence leaving the boundary of said Parcel A, South 46°59’ West 60.00 feet to a point on the Northeasterly boundary of Parcel B as described in said Lot Line Adjustment document (97-056783); thence along said Northeasterly boundary of Parcel B, South 43°01’ East 50.00 feet; thence leaving the boundary of said Parcel B, North 46°59’ East 60.00 feet to point on the Southwesterly boundary of Parcel A; thence along said Southwesterly boundary of Parcel A, North 43°01’ West 60.00 feet to the point of beginning.