HomeMy WebLinkAboutPW Drainage Easement 99 Professsionaliii
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`Lirenda Item No:
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Mee# Date: i i •
tingr
r',repared by:
City Manager Approva
Director of Public
RESOLUTION OF ! OF 1
RAFAEL
APPROVING VACATION AN EXISTING 10 FOOT WIDE
DRAINAGE EASEMENT AS SHOWN IN "MAP OF MARIN
PROFESSIONAL CENTER — UNIT 119 (9 RM 94, PURSUANT TO THE SUMMARY
VACATION 1 ABANDONMENT PROCEDURES AT 99 PROFESSIONAL
PARKWAY, 1 P155-073-07, ♦ RAFAEL CALIFORNIA
RECOMMENDATION: Staff recommends that the City Council adopt the resolution
abandoning the drainage easement.
BACKGROUND: On March 3. 1958, a map entitled "Map of MARIN PROFESSIONAL
CENTER—Unit F". a major subdivision located on Professional Center Parkway was recorded
at • Marin County '• Office.
northerlyThe recorded map showed a I O'wide drainage easement crossim4 Lot 8 beginning from the
: to the easterly
While this easement was established in 1958 for drainage purposes, the existing drainage system
on this parcel and within the 10' wide drainage easement contains no drainage facilities, ditches,
swales or the like. Department staff that no publicly
maintained ## facilities installed • drainage # •
has never maintained any drainage facilities within this easement.
ANALYSIS: The vacation drainage easement drainage
easement on Lot 8 shown on # ' RM 94).
FISCAL IMPACT: None
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File N..
M
Council Meeting: � 0��
Disposition: Aj
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page. 2
OPTIONS:
I . Adopt the Resolution.
2. Do not adopt the resolution vacating this drainage easement which may limit the
property owner from building or making improvements to the property.
ACTION REQUIRED:
Adopt the Resolutiol
Enclosures (3)
1. Resolution
2. Exhibit "A" and "B". Legal Description and Plat respectively
3. Letter of Request",
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN y y -
APPROVING VACATION
1 AN
DRAINAGE
EASEMENT * AS
"MAP
OF y PROFESSIONAL
WHEREAS,CENTER — UNIT 1" (9 RM 94, PURSUANT TO THE SUMMARY VACATION
AND ABANDONMENT PROCEDURES AT 99 PROFESSIONAL CENTER
PARKWAY, APN 155-073-07, SAN RAFAEL CALIFORNIA
March i i entitled
• MARIN
PROFESSIONAL CENTER-Unitrecorded `i i ` Marin County Recorders
.i.
WHEREAS, the recorded map offered for dedication a 10' wide drainage
easementbeginning from the northerlyboundary of i i to the easterly
line of Loti and
WHEREAS, ` of i Rafael i not accepted offer of dedication
this 10 foot wide drainage `i ` and
WHEREAS,on 99 i Record of Survey entitled
ADJUSTMENT, Being the Lands of Professional Terrace Partners, a California Limited
Partnership, D.N. 94-071127, Lots 7 and. 8 Unit 1 - 9 R.M. 94" (33 ROS 94), was
recorded at the County Recorder's office adjusting the common lot line of bots 7 and
(9 RM 94 the adjusted. lots, Lot 1 and Lot , Lot of which contained. the draina.e
easement; and
WHEREAS,i
drainageinstalled or maintained by the City of San Rafael within the
2. The City Council of San Rafael, pursuant to Street and Highways Code Section
8333(a) summarily vacates and abandons for public use and purposes that portion
of the existing 10 foot wide drainage easement on Lot 8 shown on the record map
entitled "MAP OF MARIN PROFESSIONAL CENTER Unit 1" (9 RM 94), as
is more particularly described and depicted in the Legal Description and Plat,
attached hereto and incorporated herein as Exhibit "A" and Exhibit "B",
respectively.
3. From and after the date this adopted Resolution is recorded, the portion of the
drainage easement described in Exhibit "A" and depicted on the Plat as shown in
Exhibit "B" • no longer constitute a public storm drain or other drainage
easement.
1, ESTHER C. BEIRNE, 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 Council of said City on the 16th day of September, 2013, by the following vote to
wit:
AYES: COUNCILMEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk
^
TUt certain 10' wide Drainage Easement (DE) lying within Lot 8 as shown on the Map of Mari -r
Professional Center Unit I recorded on March 3, 1958 m" Volume 9 of Record Maps at Page 94,
Marin County records. Said Drainage Easement extends from the northerly line to the easterly
line of said Lot 8.
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I LS ASSOCIATES, INC*
CIVIL ENGINEERING AND LAND SURVEYING
November 802012'
Kevin McGowan
City of San Rafael
Department of Public Works
P.O. Box 151560
San Rafael, CA 949-1-5-1560
Re: Request for Abandonment
Drainage Easement
99 Professional Center Parkway
Our File No. 8 4
71 1
N10
I am writing to you on behalf of Gina Rahnelli of Deer Park Apartments, LLC who are the new owners
of the property at 99 Professional Center Parkway in San Rafael to request that the City abandon the
unused 10' wide Drainage Easement that runs through a portion of that property. The easement in
questions was offered for dedication on the Map of "'Man*n Professional Center Unit 11" recorded in
Volume 9 of Record Maps at Page 94. The easement was shown within Lot 8 of that map, two copies of
which are attached. You will note that while the e easements were offered for dedication, they
were rejected by the Marin County Board of Supervisors as the property was *in the unincorporated area at
the time of subdivision.
A review of the files of the San Rafael Building Inspection Department reveals that Building Permit No.
39748 was issued for construction of the existing building on the site. The site plan *in the Building
Department files shows a drainage ditch in the area where the building was to be constructed, however,
this•raffiage ditch was relocated to the easterly side of the building, however, apparently no one followed
through to have this now unused ram*age easement abandoned.
minary Title Report and two copies of a
Attached for your information is also a copy of a currently Preli *
plat and legal description of the Drainage Easement which we request be abandoned.
We request that you take the necessary steps to have the City Council abandon this Drainage Easement.
If you have any questions or desire additional information, please feel free to call on me.
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INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMEtlT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY-
SRRA / SRCC AGENDA ITEM NO. 3, k
#ATE OF MEETING: September 16, 2013
1,ATE: 9/5/13
III
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9k"!l'll I! �•to
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL AGENCY APPROVED AS TO FORM:
AGENDA ITEM:
L.A,;
City manager(signature) City Attorney (signature �,l v