July 20th, 2022
San Rafael City Council
City Hall
1400 Fifth Avenue
San Rafael, CA 94901
Dear Honorable City Council Members:
Marin Conservation League supports a robust coordinated effort by Marin County and its towns, cities, and agencies to accelerate building electrification. As the Marin County Grand Jury noted in its June 6, 2022 report, Electrifying Marin’s Buildings: A Countywide Approach, “. . . [t]he timely reduction of greenhouse gas emissions from Marin County’s building sector will require in-depth, comprehensive and coordinated planning.”
In framing your required response to the Grand Jury, we urge you to commit to its recommendations R1 and R2 to adopt a reach code banning natural gas in new buildings and incentivizing electrification when renovating existing buildings. The countywide model ordinance now being finalized by the County and other jurisdictions enables each body to implement these recommendations by the January 1, 2023 target suggested by the Grand Jury.
In addition, we urge your continued participation with towns and cities countywide to implement recommendation R3 to develop a comprehensive Countywide Building Electrification Plan by January 1, 2024 in order to accomplish electrification of all existing buildings as rapidly as feasible.
In addition to the excellent strategies for existing buildings suggested by the Grand Jury, we offer additional approaches below (items 3.a-f).
It's critical that Marin jurisdictions immediately enact a model ordinance that requires that all new buildings be all-electric, strongly incentivizes electric space and water heating in major renovations, and puts Marin firmly on track to accelerate electrification of existing buildings and eliminate installations of gas appliances altogether by 2035.
Why is timely action so important? It will 1) reduce public health and safety risks, 2) avoid stranded assets and exposure to rising fossil fuel prices, and 3) combat climate change.
Reduce Public Health and Safety Risks
Methane, a potent greenhouse gas (GHG) is the principal component of natural gas. It also poses numerous health and safety risks. Eliminating natural gas use in buildings reduces a major fire risk following earthquakes and removes a very dangerous combustion source for structure fires and explosions. Ending natural gas appliance use eliminates their release of toxic combustion byproducts into our homes and businesses that have long term health impacts, especially for children and the elderly. These toxic byproducts include carbon monoxide, nitrogen dioxide, 175 N. Redwood Dr., Ste. 135, San Rafael, CA 94903 | 415.485.6257 | [email protected]
Marin Conservation League was founded in 1934 to preserve, protect and enhance the natural assets of Marin County.
carbon dioxide, formaldehyde, and fine particulate matter. Health impacts include much higher rates of asthma in children.
Avoid Stranded Assets and Exposure to Rising Fossil Fuel Prices Since underground gas piping installed today will last 30-50 years, this infrastructure will become obsolete well before the end of its useful life, representing a wasteful cost that will be passed on to ratepayers in our utility bills. Buildings typically last more than 50 years and if constructed with gas infrastructure those buildings will need to be retrofitted as society moves to phase out natural gas.
PG&E acknowledges that we are moving toward all-electric buildings and supports that shift, including phasing out current CPUC subsidies for gas lines and appliances in new residential construction.
All-electric new buildings, by avoiding the cost of installing exterior and interior gas piping, have lower capital costs than identical new buildings with both gas and electricity. They also will likely have lower energy costs, as prices for natural gas have risen sharply during the past year and are forecast to remain high in the future.
Combat Climate Change
The recent Intergovernmental Panel on Climate Change (IPCC) report makes it clear that we must accelerate the reduction in our GHG emissions if we are to meet our climate goals of reducing emissions 40% by 2030 (from 1990 levels) and below net zero by 2045. Approximately 25 percent of California’s GHG emissions, and 34 percent of Marin emissions, come from the buildings in which we live and work. While the normal operation of gas appliances produces carbon dioxide, the methane in natural gas is an even more potent GHG than carbon dioxide, and significant leakage of methane directly to the atmosphere occurs during its production, distribution, storage, and even its use inside our buildings. With this leakage, natural gas is nearly as dirty a fuel as coal. Since appliances are typically replaced every 10-20 years, we must start now to assure their replacement with electric appliances in time to meet climate goals.
What Can Marin County Do?
1. Stop adding more natural gas infrastructure immediately by enacting an ordinance mandating that new residential and commercial construction be all-electric. Marin already is seeing applications for thousands of new units to address the affordable housing crisis and to meet our Regional Housing Needs Allocation (RHNA) requirements. The countywide model ordinance now being finalized needs to be adopted by all Marin’s towns and cities, so we have uniform standards that are easier for the construction industry to understand and follow.
2. At the same time, enact reach code ordinances countywide that require or strongly encourage a shift now from gas to electrical appliances during significant building renovations, as much of the construction in Marin takes the form of renovating existing 175 N. Redwood Dr., Ste. 135, San Rafael, CA 94903 | 415.485.6257 | [email protected]
Marin Conservation League was founded in 1934 to preserve, protect and enhance the natural assets of Marin County.
structures. Space and hot water heaters have a useful life of 10-20 years and we must avoid locking in their emissions for that period of time. Because significant renovation projects frequently already involve upgrades to electrical panels and wiring, changing to electrical appliances as part of a renovation should not involve significant additional costs for those upgrades.
3. Complete a countywide Building Electrification Plan by July 1, 2023 to accelerate the electrification of our existing buildings, in accordance with recommendation R3 and findings F4-F6 of the Marin Civil Grand Jury report. A coalition of stakeholders collaborating on the plan should include: MCE Clean Energy, PG&E, local jurisdiction stakeholders, building societies, labor unions, and community/environmental advocacy groups. This plan should address single family and multi-family residences as well as commercial buildings, include strategies to make sure building electrification takes place in an equitable manner, and contain strong incentives to replace old gas space and water heaters with high efficiency heat pump space and water heaters, on or before completion of their life cycle.
Marin Conservation League recognizes that any plan for shifting existing buildings from gas appliances to electrical appliances must address a series of challenges, especially since such replacement often occurs on a short time-line when an existing appliance fails. However, countywide programs can and must meet these challenges in a number of ways. We suggest that the plan include at least the following elements.
a. Educate the public on the benefits and cost savings of operating electric appliances, the meaningful rebate programs that are currently1 available, resources to help consumers identify qualified contractors, and prudent lifecycle planning for replacement of old equipment. Work with home energy assessment providers to include such information in their programs. Work with suppliers and manufacturers to improve availability of electrical appliances and consumer education.
b. Require that at time of sale, building inspections identify the remaining useful life of existing gas appliances and the estimated cost of any necessary electrical service upgrades, so that potential buyers know what is required to make buildings “electric ready” and how soon after purchase they may need to replace their gas appliances with more efficient electric appliances.
c. Require replacement of gas space heaters, water heaters, and other appliances with electric within five years of a building's purchase, and prohibit installation of gas appliances in all existing buildings after 2035.
1 Currently the best source for available rebates from state and local sources can be found at https://www.bayren.org/rebates-financing.
175 N. Redwood Dr., Ste. 135, San Rafael, CA 94903 | 415.485.6257 | [email protected]
Marin Conservation League was founded in 1934 to preserve, protect and enhance the natural assets of Marin County.
d. Provide and facilitate rebates for purchase and installation costs of electrical appliances, including any necessary electric panel upgrades, so they are no more expensive than gas appliances. Apply incentives at the point of purchase whenever possible. Consider tax rebates and property assessed clean energy (PACE) or other financing options to help achieve such price parity.
e. In addition to the existing incentives from MCE, PG&E, Bay Area Regional Energy Network (BayREN), Electrify Marin, and local governments, take steps to increase incentives by having the countywide building electrification plan coalition submit comprehensive, innovative, ambitious multi-stakeholder proposals to obtain large-scale funding from state and federal sources.
f. Address any special challenges to electrification of multi-family dwelling units or singlefamily homes in lower-income areas. Prioritize funding for building electrification in lower-income areas; such a focus will increase the potential success of grant applications, and (regardless of grants) is the right thing to do.
Thank you for your commitment to this important countywide means of mitigating climate change within the diminishing timeframe we confront.
Sincerely,
Robert Miller
President, Marin Conservation League
Chair, MCL Climate Action Working Group
Ken Strong
Member, MCL Climate Action Working Group
Bill Carney
Member, MCL Climate Action Working Group
ccs:
Cory Bytof, Sustainability Manager
Jim Schutz, City Manager
Alicia Giudice, Community Development Director
Lindsay Laura, City Clerk
____________________________________________________________________________________
FOR CITY CLERK ONLY
File No.: _______________________________
Council Meeting: _______________________
Disposition: ___________________________
OAK #4859-2609-0537 v1
Agenda Item No: 6.c
Meeting Date: August 1, 2022
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Attorney and Public Works
Prepared by:
Genevieve Coyle, Assistant City Attorney
April Miller, Director of Public Works
City Manager Approval: ______________
TOPIC: HEARING ON RESOLUTION OF NECESSITY INITIATING EMINENT DOMAIN PROCESS TO ACQUIRE A PORTION OF 700/740 FRANCISCO BOULEVARD WEST, SAN RAFAEL, CALIFORNIA IN CONNECTION WITH PHASE 1 OF THE FRANCISCO
BOULEVARD WEST MULTI-USE PATHWAY PROJECT
SUBJECT: RESOLUTION TO DETERMINE THE NECESSITY TO ACQUIRE A PORTION OF PROPERTY BY EMINENT DOMAIN IN CONNECTION WITH PHASE 1 OF THE FRANCISCO BOULEVARD WEST MULTI-USE PATHWAY PROJECT; TO
AUTHORIZE COMMENCEMENT OF LITIGATION TO ACQUIRE PROPERTY BY EMINENT DOMAIN; AND TO SEEK AN ORDER OF POSSESSION (CODE OF CIVIL PROCEDURE SECTION 1245.220)
RECOMMENDATION:
Staff recommends that the City Council open the hearing on the Resolution of Necessity, take testimony, close the hearing and consider adopting the Resolution of Necessity authorizing the acquisition of property by eminent domain in connection with Phase 1 of the Francisco Boulevard West Multi-Use Pathway project.
BACKGROUND:
In 2018, the City began construction of Phase 1 of the Francisco Boulevard West Multi-Use Pathway project (“Project”), which includes the construction of a bicycle and pedestrian pathway between Andersen Drive and Rice Drive in San Rafael. The multi-use pathway project was separated into two phases due to fiscal constraints. Phase 1 involved the installation of a class 1 multi-use path from Andersen drive to Rice Drive, which parallels SMART’s rail system. Phase 2 was completed in spring 2021 and involved installation of a Class IV two directional bicycle facility from Rice Drive to Second Street.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
The Project included an asphalt pathway, fencing to separate the pathway from the SMART tracks, retaining walls, lighting, striping, a pedestrian crosswalk signal, and other supporting items. Phase 1 was completed in 2019.
Part of the Project was constructed on an approximately 18,398 square foot portion of privately owned property (“Property”) located at 700/740 Francisco Boulevard West, San Rafael, California (APNs 018- 014-66 and 018-014-67). That Property is owned by Francisco Boulevard Investors, LLC and improved with an auto dealership. On August 23, 2021, Francisco Boulevard Investors, LLC filed a complaint for inverse condemnation against the City for building a portion of the Project on its Property (“Inverse Action”). Before the Inverse Action was filed, the City made numerous efforts to reach an agreement with Francisco Boulevard Investors, LLC to purchase the Property that was necessary for the Project.
After the Inverse Action was filed, the City met and conferred with Francisco Boulevard Investors, LLC’s attorney, who urged the City to file a complaint in eminent domain to acquire the Property. The Parties entered a stipulation providing that if the City Council, in its sole and absolute discretion, decides to consider and adopt a Resolution of Necessity to acquire the Property, Francisco Boulevard Investors, LLC will waive its right to challenge the City’s right to acquire the Property via eminent domain. The proposed Resolution of Necessity is attached as Attachment 1. A copy of the Stipulation is attached as Attachment 2.
ANALYSIS:
A hearing on the Resolution of Necessity must be held and the resolution approved by a four-fifths (4/5) vote of the City Council prior to the City moving forward with the eminent domain process. Adoption of the Resolution of Necessity authorizes the City to acquire the Property by eminent domain, deposit the probable amount of just compensation with the State Treasury, and obtain an order for prejudgment possession of the Property. The purpose of the hearing on the Resolution of Necessity is to provide the property owner with an opportunity to address the City Council on this matter relating to the City’s necessity acquiring the Property for the Project. However, the amount of compensation owed for the acquisition will be decided through continued negotiations or by a court of law, and thus, compensation is not a proper matter to be discussed at the hearing.
State law requires the City Council make certain findings with respect to the adoption of the Resolution of Necessity. The findings for the adoption of the Resolution of Necessity at the hearing of the City Council must include the following information:
1) The Public Interest and Necessity Require the Project First, the City Council must find that the public interest and necessity require the Project. Here, the Property is necessary for a Project that provides residents, commuters, and students safe and accessible access to the Downtown San Rafael SMART Station, the Bettini Transit Center, and the Ferry. The Project is a component of a larger north-south non-motorized transportation network in Marin. The Project encourages increased cycling and walking trips and reduces the number of vehicle miles traveled in the City. The Project is for a public use and would not have been possible if the City could not acquire the Property.
2) The Interests Sought to be Acquired are Necessary for the Project SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Second, the City Council must find that the interests sought to be acquired are necessary for the Project. As previously described, the Property sought to be acquired by eminent domain is necessary for the Project.
3) The Project is Located in such a Manner as to Offer the Greatest Public Benefit with the Least Private Detriment
Third, the City Council must find that the Project is located in such a manner as to offer the greatest public benefit with the least private detriment. Prior to the Project’s construction, staff and City consultants evaluated a variety of options and determined that Project use of the Property, which was an undevelopable seasonal wetland/drainage swale/ditch that was separated from the auto dealership that occupies the remainder of 700/740 Francisco Boulevard West by a fence, and does not impact the operations of the car dealership(s), would result in the least private injury. Accordingly, the Project was designed to afford the greatest public benefit with the least possible burden on the affected property owner.
4) A Government Code Offer Has Been Extended To Each Property Owner Fourth, the City Council must find that the City has extended an offer pursuant to Government Code section 7267.2 to each property owner. On July 6, 2022, the City sent a purchase offer in conformance with Government Code section 7267.2(a) to the owners of record. Since sending the offer, the City has reached out to the property owner’s attorney to ascertain whether a negotiated purchase would be possible. To date, these efforts have been unsuccessful. On July 14, 2022, the City mailed the property owner a Notice of Intention to consider adoption of a Resolution of Necessity to acquire the Property by eminent domain at its regular meeting of Monday, August 1, 2022. A copy of the notice provided to the owner is attached as Exhibit B to the Resolution of Necessity.
ENVIONMENTAL REVIEW:
The City has fully complied with the California Environmental Quality Act, Public Resources Code Section 21000 et seq., for acquiring the Property described herein when on December 4, 2017, the City adopted a Mitigated Negative Declaration for the Project in Resolution No. 14428.
PUBLIC OUTREACH AND NOTICING:
The posting of the City Council agenda serves as the notice to the general public. Notice of the public hearing was mailed to the property owners and business tenants at least 15 days in advance of the hearing, as required by state law.
FISCAL IMPACT:
The amount of compensation owed for the acquisition will be decided through continued negotiations or by a court of law. While it is unknown as to what the ultimate cost will be for the acquisition of the Property, the City obtained an appraisal of the Property in June 2022 that appraised it for $368,000.
OPTIONS:
1. Adopt Resolution as presented.
2. Adopt Resolution with modifications.
3. Direct staff to return with more information.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
RECOMMENDED ACTION:
Conduct a Hearing and Consider Adopting the Resolution.
ATTACHMENTS:
1. Resolution, including:
Exhibit A – Legal Description and Plat Map
Exhibit B – Notice of Intention to Adopt Resolution of Necessity
2. Stipulation
- 1 - OAK #4861-7702-7625 v1
RESOLUTION NO.
A RESOLUTION TO DETERMINE THE NECESSITY TO ACQUIRE A PORTION OF PROPERTY BY EMINENT DOMAIN IN CONNECTION WITH PHASE 1 OF THE FRANCISCO BOULEVARD WEST MULTI-USE PATHWAY PROJECT; TO
AUTHORIZE COMMENCEMENT OF LITIGATION TO ACQUIRE PROPERTY BY EMINENT DOMAIN; AND TO SEEK AN ORDER OF POSSESSION (CODE OF CIVIL PROCEDURE SECTION 1245.220)
Property: Approximately 18,398 square foot Portion of
700/740 Francisco Blvd. West, San Rafael, California
(APNs 018-014-66 and 018-014-67)
WHEREAS, the City Council has determined that the City of San Rafael (“City”) needs to acquire certain property interests in connection with Phase 1 of the Francisco Boulevard West Multi-Use Pathway project.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City, by vote of four-fifths or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES the following:
1. The City has constructed Phase 1 of Francisco Boulevard West Multi-Use Pathway project (“Project”), which includes the construction of a bicycle and pedestrian pathway between Andersen Drive and Rice Drive in San Rafael. The Project included, but is not limited to, an asphalt pathway, fencing to separate the pathway from the SMART tracks, retaining walls, lighting, striping, a pedestrian crosswalk signal, and other supporting items. The Project is for a public use.
2. In connection with the Project, the City needs to acquire approximately 18,398 square feet of that certain privately owned property known as 700/740 Francisco Boulevard West, San Rafael, California (APNs 018-014-66 and 018-014-67) and more particularly described and depicted on Exhibit A attached to this Resolution and incorporated herein (“Property”). The Property is necessary for the Project.
3. The City is authorized to acquire the Property by eminent domain for the public use set forth herein in accordance with the California Constitution, Article 1, Section 19; the California Eminent Domain Law, Code of Civil Procedure Section 1230.010 et seq., including, but not limited to, sections 1240.010 through 1240.050 inclusive, and sections 1240.110, 1240.120, 1240.150, 1240.220, 1240.320, 1240.330, 1240.350, 1240.410, 1240.510, 1240.610, 1240.650, and 1240.660; Government Code sections 37350.5 and 38730; Streets & Highway Code Section 10102; and other provisions of law.
4. On July 15, 2022, the City mailed a Notice of Intention to Adopt a Resolution of Necessity (“Notice of Intention”) for acquisition by eminent domain of the Property, which notice is attached hereto as Exhibit B, and incorporated herein. The - 2 - OAK #4861-7702-7625 v1
Notice of Intention was mailed to all persons whose name(s) appear on the last Equalized County Assessment Roll as having an interest in the Property, and to the addresses appearing on the Roll. The Notice of Hearing advised the persons of their right to be heard on the matters referred to in the Notice of Hearing on the date and at the time and place stated.
5. The hearing referenced in the Notice of Intention was held on August 1, 2022, at the time and place stated in said notice, and all interested parties were given an opportunity to be heard. The hearing was then closed.
6. Based upon the evidence presented at the hearing, the City Council of the City of San Rafael finds, determines, declares, and resolves each of the following:
A. The public interest and necessity require the proposed Project; B. The interests in the Property sought to be acquired by eminent domain are necessary for the Project;
C. The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;
D. The City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Property described herein, as well as any other matter regarding the right to take said Property by eminent domain, including but not limited to, making the offer required by Government Code Section 7267.2(a); and
E. The City has fully complied with the California Environmental Quality Act, Public Resources Code Section 21000 et seq., for acquiring the Property described herein when on December 4, 2017, the City adopted a Mitigated Negative Declaration for the Project in Resolution No. 14428.
7. The City Attorney is hereby authorized to acquire in the name of the City the Property described in this Resolution in accordance with the provisions of California Eminent Domain Law, to commence an action in eminent domain, to deposit the probable amount of compensation with the California State Treasury, to apply to the Superior Court for an order permitting the City to take immediate possession and make immediate use of the Property for the Project, and to take all necessary steps to acquire the Property under the law.
- 3 - OAK #4861-7702-7625 v1
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 the City of San Rafael, held on Monday, the 1st day of August 2022 by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_____________________
Lindsay Lara, City Clerk
– – – – – – – – – – –
List of Exhibits:
A. Legal Description and Plat Map of the Property
B. Notice of Intention to Adopt a Resolution of Necessity May 29, 2019
Exhibit A
LEGAL DESCRIPTION FOR RIGHT OF WAY (RW) TAKE
APN 018-014-67 AND 018-014-66
A portion or Real Property situated in the City of San Rafael, County of Marin, State of California, more particularly being a portion of the Lands of Francisco Boulevard Investors, LLC as described in that certain Grand Deed Recorded in Series 2004- 0052865 in the Office of the County Recorder of said Marin County in addition to a portion of the Lands of Francisco Boulevard Investors, LLC as described in that certain Grand Deed Recorded in Series 2011 -0052704 in the Office of the County Recorder of said Marin County; said portions being more particularly described as follows:
Beginning at the most easterly corner of said Lands of Francisco Boulevard Investors, LLC as described in that certain Grand Deed Recorded in Series 2011 -0052704; thence along the boundary of said Lands South 49°38'54" West 17.00 feet; thence continuing along the boundary of said Lands North 49°10'05" West 381.01 feet to the northeasterly Right of Way Line of the Lands of the Sonoma-Marin Area Rail Transit (SMART) District; thence along said northeasterly Right of Way Line North 40°20'55" West 102.25 feet to the most southerly corner of said Lands of Francisco Boulevard Investors, LLC as described in that certain Grand Deed Recorded in Series 2004-0052865; thence along said northeasterly Right of Way Line and the southwest line of said Lands of Francisco Boulevard Investors, LLC North 40°20'55" West 90.39 feet; thence into said Lands of Francisco Boulevard Investors, LLC North 49°39'05" East 24.60 feet; thence South 40°20'55" East 90.39 feet to a point on the easterly line of said Lands of Francisco Boulevard Investors, LLC, said point also being on the westerly line of aforesaid Lands of Francisco Boulevard Investors, LLC as described in that certain Grand Deed Recorded in Series 2011-0052704; thence into said Lands South 40°20'55" East 172.11 feet; thence North 46°51 '05" East 40.86 feet; thence South 51 '45'27" East 50.51 feet to a point on the boundary line of said Francisco Boulevard Investors, LLC; thence along said boundary line South 40°21 '08" East 259.13 feet to the Point of Beginning.
Contains 18,398 sq. ft. (0.422 acres) more or less
Bearings based upon the California Coordinate System (CCS 83, Zone 3) All distances are in feet and decimals thereof.
1 of 1
NOTE:
RW TAKE AREA IN APN 018-014-67
=2,223 SQ. FT. (0.051 AC) more or less
RW TAKE AREA IN APN 018-014-66
=16, 175 SQ. FT. (0.371 AC) more or less
EXHIBIT B
LINE TABLE
LINE LENGTH BEARING
L1 17,00
L2 24.60
L3 40,86
L4 50,51
TOTAL AREA TAKE
18,398 Sq Ft
0.422 Ac.
S49°38'54'\./
N49°39'05'E
N46 °51'05'E
S51 • 45'27'E
SAN RAFAEL SANITATION DISTRICT
2001-11916
GRAPHIC SCALE
100 0 50 100
~-••• I I
( IN FEET )
1 inch = 100 ft.
C HA UDHARY & ASSOCIATES. INC~
ENGINEERS SURVEYORS INSPECTORS
---- 211 Gateway ---- Road West, Suite ----204
NAPA, CALIFORNIA 94558
Tel: (707) 255-2729 FAX. (707) 255-5021
WWW.CHAUDHARY.COM
LEGEND
APN ASSESSOR'S PARCEL NUMBER
M.C.R. MARIN COUNTY RECORDS
P.0.8. POINT OF BEGINNING
RW RIGHT OF WAY
(T) TOTAL DISTANCE
RIGHT OF WAY TAKE OVER A PORTION OF THE
LANDS OF THE FRANCISCO BLVD. INVESTORS, LLC
AS RECORDED IN SERIES 2004-0052865 AND
2011-0052704 FILED IN MARIN
COUNTY RECORDERS OFFICE
MAY 29, 2019 STATE OF CALIFORNIA SHEET 1 OF 1
Q:\2015\15-12-050 Kimley Horn\Closures\RW-Take-Area.txt Created on 5/29/2019 11:00:00 AM
Created by H. Korstick , PLS
Parcel name: RW-Take-Area
North: 2178526 . 9697 East : 5981655. 7144
Line Course: s 49-38-54 w Length: 17 . 00
North: 2178515 . 9626 East : 5981642 . 7589
Line Course : N 49 - 10-05 w Length: 381 . 01
North: 2178765 . 0832 East : 5981354.4751
Line Course: N 40 - 20 - 55 W Length: 192. 64
North: 2178911. 8978 East 5981229 . 7529
Line Course: N 49-39-05 E Length: 24 . 60
North: 2178927 . 8151 East 5981248.5093
Line Course : s 40-20-55 E Length : 2 62 . 4 9
North: 2178727.7740 East 5981418 . 4485
Line Course : N 46-51-05 E Length : 40 . 86
North: 2178755 . 7179 East 5981448 . 2592
Line Course: s 51-45-27 E Length : 50 . 51
North : 2178724.4526 East 5981487. 9296
Line Course: s 40 - 21-08 E Length: 259.13
North: 2178526 . 9752 East : 5981655 . 7123
Perimeter: 1228 . 24 Area : 18,398 Sq Ft 0.422 Ac .
Mapcheck Closure - (Uses
Error Closure: 0.0058
Error North: 0.00546
Precision 1: 211 , 763.79
listed courses, radii , and deltas)
Course : N 20-23 - 21 W
East : - 0 . 00203
1 Benjamin L. Stock (SBN 208774)
E-mail: [email protected]
2 Nicholas J. Muscolino (SBN 273900)
E-mail: [email protected]
3 BURKE, WILLIAMS & SORENSEN, LLP
181 Third Street, Suite 200
4 San Rafael, CA 94901-6587
Tel: 415.755.2600 Fax: 415.482.7542
5 Attorneys for Defendant
6 CITY OF SAN RAFAEL
7 FILING FEE EXEMPT PURSUANT TO
GOVERNMENT CODE § 6103
8 9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 11 FRANCISCO BOULEY ARD
INVESTORS, LLC,
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18 19
20 21
22 23
24 25
26 27
28 Plaintiff,
v.
CITY OF SAN RAFAEL, et al.,
Defendant.
SR #4894-6234-83 I I v I
COUNTY OF MARIN
Case No. CIV-2102789
STIPULATION BETWEEN PLAINTIFF
FRANCISCO BOULEVARD INVESTORS,
LLC AND DEFENDANT CITY OF SAN
RAFAEL
JFAP: Honorable A. Sweet; Dept. E
Complaint Filed: 8/23/2021
- 1 - BURKE, WILLIAMS &
SORENSEN, LLP
ATTORNEYS AT LAW
SAN RAFAEL
STIPULATION BETWEEN PLAINTIFF FRANCISCO BOULEY ARD INVESTORS, LLC AND DEFENDANT
CITY OF SAN RAFAEL
1 Plaintiff Francisco Boulevard Investors, LLC ("Francisco") and Defendant City of San 2 Rafael ("City" and, together with Francisco, the "Parties"), by and through their counsel of 3 record, hereby stipulate as follows:
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RECITALS
1. On or about June 18, 2019, the City sent Francisco a letter pursuant to Government Code section 7267.2 offering to purchase an approximately 18,398 square foot portion of that certain real property located at 700/740 Francisco Boulevard West, San Francisco (APN 018-014- 66 and 018-014-67) ("Subject Property") to facilitate the SMART Larkspur extension project and the City of San Rafael multi-use path project ("Project"). Francisco did not accept the City's offer.
2. On August 23, 2021, Francisco filed a Complaint for Inverse Condemnation and Injunctive Relief against the City that alleges in relevant part that "[b ]eginning on or about February 26, 2018, and without permission of or from plaintiff, and without payment of any compensation, defendant City caused [a portion of the Project] to be constructed ... on plaintiffs Properties."
3. The Parties have met and conferred and, in the event that the City Council determines, in its sole and absolute discretion, to adopt a Resolution of Necessity and file a direct condemnation action to acquire the Subject Property from Francisco, hereby agree as follows:
STIPULATIONS
1. In the event that the City Council, in its sole and absolute discretion, decides to 22 consider and adopt a Resolution of Necessity pursuant to Code of Civil Procedure sections 23 1245.220 et seq. to acquire the Subject Property by eminent domain, Francisco hereby agrees to 24 waive its right to challenge the City's right to take the Subject Property for the Project by eminent 25 domain. This waiver shall be deemed to have the same legal effect as a withdrawal of a deposit 26 of probable compensation pursuant to Code of Civil Procedure section 1255.260. 27 28
BURKE, WILLIAMS &
SORENSEN, LLP
ATTORNEYS AT LAW
SAN RAFAEL
2. In the event that (a) the City Council, in its sole and absolute discretion, decides to consider and adopt a Resolution of Necessity pursuant to Code of Civil Procedure sections SR #4894-6234-8311 v I - 2 -
STIPULATION BETWEEN PLAINTIFF FRANCISCO BOULEY ARD INVESTORS, LLC AND DEFENDANT
CITY OF SAN RAFAEL
18 1 1245.220 et seq. to acquire the Subject Property by eminent domain, and (b) the City makes a 2 deposit of probable just compensation pursuant to Code of Civil Procedure sections 1255.010 and 3 1255.410, and (c) the City files a complaint in eminent domain to acquire the Subject Property, 4 then the City will stipulate to Francisco's immediate withdrawal of the deposit of probable just 5 compensation from the State's Condemnation Fund and Francisco will stipulate to the City taking 6 immediate prejudgment possession of the Subject Property. 7 3. In the event that the City Council, in its sole and absolute discretion, decides to 8 consider and adopt a Resolution of Necessity pursuant to Code of Civil Procedure sections 9 1245.220 et seq. to acquire the Subject Property by eminent domain, and the City files a 10 complaint in eminent domain to acquire the Subject Property, then City and Francisco both 11 stipulate that said eminent domain action may be consolidated with the above-referenced action, 12 Marin County Superior Court, Action No. CIV-2102789. 13 4. The Parties agree to execute and deliver such further stipulations and/or documents 14 as may be reasonably necessary or appropriate to effectuate the intent of this Stipulation. 15 IT IS SO STIPULATED.
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28 BURKE, WILL!A)dS &
SORENSEN, LLP
ATTORNEYS AT LAW
SAN RA FAEL
Dated: May _, 2022
Dated: May / ~, 2022
SR #4894-6234-8311 v 1
BURKE, WILLIAMS & SORENSEN, LLP
By: M ?10
NicholaY.Muscoiino
Attorneys for Defendant CITY OF SAN
RAFAEL
LAMPHERE LAW OFFICES
By:~d.~d
Michael 0. Lamphere
Attorneys for Plaintiff FRANCISCO
BOULEY ARD INVESTORS, LLC
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STIPULATION BETWEEN PLAINTIFF FRANCISCO BOULEY ARD INVESTORS, LLC AND DEFENDANT
CITY OF SAN RAFAEL