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HomeMy WebLinkAboutPW Drainage Easement 99 Professsionaliii 11 Mumi a&= i `Lirenda Item No: ,. 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 '' w. 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. I my -ti 1 099 8ct 100,65 2,30*00# own— .iaoo Ai Q zz "s L4 c Oki vo its mmi coo CIZ 2! mom mommom saftiftwo 00'0'01 Afm Oot 000 9zv L%I rJOVLn I "Mo -n I jj*Up-a*jaOAWja=fWVN 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. 11 1� i q�ii 4# 117111�11i`1111'11! 17111'11ilil[411119 � 4 " 1 1 =Ml R91FIK 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 iI � lll� 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