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HomeMy WebLinkAboutCC Resolution 10575 (Storm Drain Facilities Maintenance)RESOLUTION NO. 10575 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A CERTIFICATE OF ACCEPTANCE OF THE GRANT OF AN EASEMENT FROM RICHARD R. JENKINS AND LINDA H. JENKINS, FOR THE CONSTRUCTION AND MAINTENANCE OF STORM DRAIN FACILITES AT 37 PALM AVENUE, SAN RAFAEL THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES AS FOLLOWS: The City Council does hereby accept for the City of San Rafael the Grant of Easement for construction and maintenance of storm drainage facilities from Richard R. Jenkins and Linda H. Jenkins, over a certain portion of their property located at 37 Palm Avenue in the City of San Rafael. The MAYOR and the CITY CLERK are hereby authorized to execute, on behalf of the City of San Rafael, a Certificate of Acceptance of a Grant of Easement for the Construction and Maintenance of Storm Drainage Facilities, from Richard R. Jenkins and Linda H. Jenkins, property owners of 37 Palm Avenue in the City of San Rafael, County of Marin, State of California. Copies of the "Certificate of Acceptance" and the "Grant of Easement for Construction and Maintenance of Storm Drain", are attached hereto and by this reference made a part hereof. I, JEANNE M. LEONCINI, 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 Tuesday, the eighteenth day of January, 2000, by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None JEA14*EM EONCINT, City Clerk OFiRh IN AL %cj51 RECORDING REQUESTED, AND WHEN RECORDED RETURN TO: JEANNE M. LEONCINI, City Clerk City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 CERTIFICATE OF ACCEPTANCE The City of San Rafael hereby accepts the attached Grant of Easement for Construction and Maintenance of Storm Drain from Richard R. Jenkins and Linda H. Jenkins, owners of property at 37 Palm Avenue, San Rafael, Marin County, California. A copy of the easement is attached hereto and incorporated herein. Resolution No. 10575 authorizing the Mayor and City Clerk to execute this Certificate of Acceptance, was adopted by the City Council on Tuesday, January 18, 2000. DATED: /I- X/.,— ° ATTEST: MANNE M. LEONCINI, City Clerk CITY OF SAN RAFAEL 4&T O, Mayor CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Marin ss. On Jan. 24, 2000 , before me, Nancy Eurman, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public') personally appeared Albert J. Boro Name(s) of Signer(s) XX personally known to me ❑ proved to me on the basis of satisfactory evidence r NANCY EURMAN D 0 , COMM. 1'1086576 d NOTARY PUBLIC -CALIFORNIA 0 Q MARIN UNTY My comm Expires Feb. 4, 2000 Place Notary Seal Above to be the personal whose name(,sr) is aN subscribed to the withl'a instrument and acknowledged to me thas6/thwy executed h the same in hi /t�#k authorized capacity(*), and that by 0/l Wtl#+r signaturet}on the instrument the person(*, or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. �Vwlll Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Certificate of Acceptance for Grant of Easement re Jenkins property (APN 15-201-09) Document Date: Jan. 24, 2000 Number of Pages: Five Signer(s) Other Than Named Above: n/a Capacity(ies) Claimed by Signer Signer's Name: Albert J. Boro ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner —' ' Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 2 Other: Ma vo r Signer Is Representing: City of San Rafael 1 01997 Nat anal Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 Prod. No. 5907 Reorder: Cal Toll -Free 1-800-876-6827 When recorded mail to: City of San Rafael Department of Public Works 1400 Fifth Avenue P. O. Box 151560 San Rafael, CA 94915-1560 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF STORM DRAIN Richard R. and Linda H. lenkins (hereinafter called "Grantor" without regard to number or gender) for an adequate consideration hereby GRANTS and conveys to the CITY OF SAN RAFAEL , a municipal corporation, an EASEMENT over the strip of land hereinafter described for the purpose of laying down, installing, constructing, renewing, inspecting, maintaining, repairing and using a public storm drain on or under said strip of land together with the right of ingress thereto and egress therefrom, in, on and across said strip of land and the contiguous real property of Grantor. Said strip of land is located in the City of San Rafael, County of Marin, State of California, and is more particularly described as follows: Ten foot wide storm drain easement as shown on the plat and legal description marked as Exhibit "A" attached. .:: ��ly u V o Grantor shall not plant, place or deposit anything in or on said strip of land which will damage or interfere with any of the rights granted hereunder nor shall Grantor erect or construct any building or other structure or drill or operate any well within said strip of land. The provisions hereof shall inure to the benefit of and assigns of the respective parties hereto. WITNESS /y hand this 5�7" day of 19 1l G VU v Richard R.Jenkinsl STATE OF CALIFORNIA COUNTY OF MARIN t I 12 Linda H. Je ins Onl///'//�� 4/.' S� before me,. d��/��i/" ��.C�c%i✓ , a Notary Public in aid for said County and State, personally appeared personally known to me (or proven to me on the basis of satisfactory evidence) to be the perso whose namg sf' ism ubscrihed to the within instrument and acknowledged to me that he/sh' executed the same in his/her,eu uthorized capaci Ie and that by his/her/-11�ignatu4�e:n the instrument the p8rsoEWcwthe entity upon behalf of which the perso f sVhcted, executed the instrument. WITNESS my hand and official seal. /��,x, 1 � Notary Public in for said County and State OFFICIAL SEAL - 1222230 HOWARD SALKIN Z 0 Z � NOTARY PUBLIC •CALIF. � COUNTY OF MARIN My Comm. Exp, June 25, 20031 F (This area for official notarial seal) Exhibit "A" All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: A drainage easement 10 feet in width and lying easterly of the following described line: Commencing at the Most Westerly corner of Lot 39, in Block 24, as shown upon that certain map entitled, "Map of Golden Meadow in Magnolia Park", filed for record September 27, 1887 in Volume 1 of Maps at page 4, Marin County Records, thence Easterly along the Northwestern line of Lot 39, 12 feet to the True Point of Beginning; thence from said point of beginning in a southerly direction to a point in the southwest line of Lot 39, which lies 110 feet from the most Southerly Corner of Lot 39. it Point of Point Of Commencement 10' Wide 5torm Drain -., Easement LOT 3 9 \ 2� AP No. \ \ ) 15-201-09 \\ LOT 40 i \ AP No. a \ \ LOT 4 1 \ ?'o r 5-201-27 I Exhibit "A-' .. Q NO�TN + � r 0 25 50 100 Diagram of Easement Acquisition to The City of San Rafael, Marin County, CA on Lands of Jenkins (ptn. A.P. No. 15-20 1 -09)