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Home My WebLink AboutCC Resolution 10701 (Shamrock Shopping Center Easement)RESOLUTION NO. 10701 RESOLUTION OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF A GRANT OF EASEMENT AND AGREEMENT WITH LA TERRA TRIFOGLIO LLC, BURDENING A PORTION OF ONE OF THE PARCELS CONSTITUTING THE SHAMROCK SHOPPING CENTER (ASSESSOR'S PARCEL NO. 13-032-06) WITH A PUBLIC PEDESTRIAN AND BICYCLE EASEMENT, AND AUTHORIZING EXECUTION OF A CERTIFICATE OF ACCEPTANCE NECESSARY FOR RECORDATION OF THE GRANT OF EASEMENT AND AGREEMENT, FOR MAHON PATH THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS FOLLOWS: WHEREAS, La Terra Trifoglio LLC is willing to execute a Grant of Easement and Agreement, in the form attached hereto as Exhibit "I", agreeing to a Grant of Easement in favor of the City of San Rafael, burdening a portion of one of the parcels which constitute the Shamrock Shopping Center (Assessor Parcel No. 13-032-06) with a public pedestrian and bicycle easement; and WHEREAS, the City Council finds that the public interest will be served in acquiring the aforesaid easement, in that such easement will be part of and incorporated into the City's Mahon Path Project; and WHEREAS, the City's Mahon Path Project was approved by the City Council in conjunction with its approval of the Mahon Creek Final Conception Plan, by Resolution No. 10168, adopted April 20, 1998, for which a Final Environmental Impact Report was approved by the San Rafael Redevelopment Agency, by Resolution No. 98-15, adopted April 20, 1998. NOW THEREFORE BE IT RESOLVED: 1. The City Council authorizes the Mayor to execute the Grant of Easement and Agreement between the City of San Rafael and La Terra Trifoglio LLC, in the form attached hereto as Exhibit "I". 2. The City Council further authorizes the City Manager to proceed forthwith to open an escrow account in order to consummate the Grant of Easement and Agreement, and to execute a Certificate of Acceptance in a form generally consistent with that attached hereto as Exhibit "II", as is necessary for recordation of the Grant of Easement and Agreement pursuant to Government Code Section 27281. 1 O1 The foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held on the 5th day of September, 2000, by the following vote to wit: AYES: Councilmembers: Cohen, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: Heller 2 JEA�I M. LEONCIN , City Clerk GRANT OF EASEMENT AND AGREEMENT This Grant of Easement Agreement is made and entered into this day of September, 2000, by and between La Terra Trifoglio LLC, a California corporation ("GRANTOR"), and the CITY OF SAN RAFAEL, a charter city in the State of California ("GRANTEE"), in consideration of the value received and the covenants made herein. GRANTOR hereby grants and conveys to GRANTEE, subject to the conditions and covenants of this Agreement, an easement, together with necessary rights of access, in, under, across, and along the area described on Exhibit A and depicted on Exhibit B, attached hereto and incorporated by this reference (hereinafter "easement area"), to construct, maintain, repair, remove, replace and operate a pathway for public pedestrian and bicycle use, and related fencing, landscaping, irrigation facilities, and other appurtenances (hereinafter "facilities"), and for maintenance of the adjoining Mahon Creek. The easement area is to be incorporated into a public project referred to as the Mahon Path Project which includes landscaping and therefore does not detract from the landscaping requirements of the Shamrock Shopping Center. GRANTEE'S easement rights include the right of access to remove such growth, graffiti or unauthorized attachments as may endanger or interfere with the use and enjoyment by GRANTEE of said easement and the facilities located thereon. GRANTOR is specifically prohibited from using, altering, or interfering with GRANTEE'S easement or facilities in any way. These prohibitions shall include, but not be limited to, GRANTOR'S using the easement or facilities for any advertising, storage, signs, building support, improvements, or any other uses which in the GRANTEE'S sole determination interfere with the GRANTEE'S easement rights as set forth herein. GRANTEE may remove forthwith, at GRANTEE'S sole cost and expense, any of the GRANTOR'S existing fencing, landscaping and irrigation facilities located in the easement area. At the time of removing any of the GRANTOR'S irrigation facilities from the easement area, GRANTEE shall make such modifications to the affected portions of GRANTOR'S irrigation facilities remaining on the GRANTOR'S property adjoining the easement area, as may be necessary to ensure, to GRANTOR'S reasonable satisfaction, that such facilities are in good working order. GRANTEE shall defend, indemnify and hold harmless GRANTOR and its successors and assigns with regard to any claim for personal injury or property damage brought against the GRANTOR or its successors or assigns by persons who are not parties to this Agreement (and who also are not the successor, assigns, invitees, guests or agents of GRANTOR) which occurs as a result of the use of the easement by the public or by the GRANTEE, except to the extent that such personal injury or property damage is caused by the gross negligence or intentional acts of the GRANTOR, its successors or assigns, or their invitees, guests or agents. EXHIBIT "I" IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first hereinabove written. CITY OF SAN RAFAEL By.PERT,,�ZBOROI�,Mayor . A--� Title: AL ATTEST:�.Q�y�.a CEANNE M.1-A. CIP ' Title: City Clerk LA TERRA TRIFOGLIO LLC By: Title: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Marin ss. On Sept. 13, 2000 , before me, Nancy Eurman, Notary Public Date Name and Title of Officer (e g., 'Jana Doe, Notary Public') personally appeared Albert J. Boro Name(S) of Signer(s) ' L')(personally known to me L; proved to me on the basis of satisfactory evidence to be the person- whose name(g )s rA. subscribed to the witWq wit'instrument and acknowledged to me he Alftllagc executed the same in is tl).r authorized capacity(iqs�,- and that by is AO#r signatureOW—on the instrument the person(s.}; or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. _4/t2 l a - —��" Place Notary Seal Above 1 Signature ot�ry Public l 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: Grant of Easement and Agreement Document Date: Sept. 5 , 2000 Number of Pages: Seven Signer(s) Other Than Named Above: La Terra Tri fogl i o LLC Capacity(ies) Claimed by Signer Signer's Name: Albert J. Boro .. Individual Ll Corporate Officer — Title(s): ❑ Partner — , Limited 1 General ❑ Attorney in Fact ❑ Trustee C, Guardian or Conservator 9 Other: Mayor Signer Is Representing: City of San Rafael Top of thumb here Q 1997 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder., Call Toll -Free 1-800-876-6827 .NANCY .�� EURMAN 0 COMM.#1248639 "!A ' NOTARY PUBLIC -CALIFORNIA 0 - MARIN COUNTY 44 I My Comm. Expires Feb. 4, 2004 Name(S) of Signer(s) ' L')(personally known to me L; proved to me on the basis of satisfactory evidence to be the person- whose name(g )s rA. subscribed to the witWq wit'instrument and acknowledged to me he Alftllagc executed the same in is tl).r authorized capacity(iqs�,- and that by is AO#r signatureOW—on the instrument the person(s.}; or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. _4/t2 l a - —��" Place Notary Seal Above 1 Signature ot�ry Public l 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: Grant of Easement and Agreement Document Date: Sept. 5 , 2000 Number of Pages: Seven Signer(s) Other Than Named Above: La Terra Tri fogl i o LLC Capacity(ies) Claimed by Signer Signer's Name: Albert J. Boro .. Individual Ll Corporate Officer — Title(s): ❑ Partner — , Limited 1 General ❑ Attorney in Fact ❑ Trustee C, Guardian or Conservator 9 Other: Mayor Signer Is Representing: City of San Rafael Top of thumb here Q 1997 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder., Call Toll -Free 1-800-876-6827 Date: April 3, 2000 File: 4.610.12-E LEGAL DESCRIPTION PUBLIC ACCESS AND CREEK MAINTENANCE EASEMENT EXHIBIT "A" All that real property situate in the City of San Rafael, County of Marin, State of California, being a portion of The Lands of Shamrock as shown on that certain map entitled, "Record of Survey, Shamrock Center Boundary", filed for record March 11, 1999 in Book 1999 ofMaps, at Page 43, Marin County Records, and being more particularly described as follows: Commencing at the intersection of boundary arc courses of said record of survey described the are courses one concave to the northwest with aradius of570.85 feet, through acentral angle of08 04510011 , for an arc length of 87.18 feet and the arc concave to the northeast with a radius of 473.00 feet, through a central angle of 09°49'26", for a arc length of 8 1. 10 feet; thence from said POINT OF COMMENCEMENT, along the westerly boundary of said record of survey, along a curve concave to the northwest with a radial bearing of North 40 007'11 " West, with a radius of 570.85 feet, through a central angle of 08°45'00", for an are length of 87.18 feet; thence North 48°52'11" West, 12.92 feet to the TRUE POINT OF BEGINNING; thence from the true POINT OF BEGINNING continuing along the westerly boundary of said record of survey, North 48°52'11" West, 12.08 feet to a point on a curve, concave to the northwest; hence along said curve whose radius point bears North 48°52'11" West northerly having a radius of 545.85 feet, through a central angle of 08°49'29", for an arc length of 84.07 feet; thence leaving said arc, South 57°41'40" East, 14.81 feet; thence leaving the said boundary South 35°00'00" West, 16.55 feet; thence along a curve concave to the northwest whose radius point bears North 5500010011 West southerly having a radius of 457 feet, through a central angle of 08 °43'59", for a arc length of 69.66 feet to the westerly boundary of said record of survey and the TRUE POINT OF BEGINNING. AN0 Prepared by: ,ate`` No. 3201 EXP. 6-30-00 7'6OFC F Ud Pe(%WP60%4V)esc%4 2-00 610 G0 �C) 4? /11�' FENCE RELOCATE FENCE P TF N35'00'00" E / 16.55' EASEMENT 1154 SF y DATE: APRIL 2000I 461012E/EASE cSW REV: SCALE: 1,,=20' 1'1 CSW/STUBER—STROEH [St]2 ENGINEERING GROUP, INC. MAHONCRBBg CONSULTING ENGINEERS PLAT FOR EASEMENT 1301 REDWOOD WAY, STE. 200, PETALUMA CA, 94954 EXHIBIT "B" v 000 CITY OF SAN RAFAEL, CA 1 OF 1 CERTIFICATE OF ACCEPTANCE PURSUANT TO CALIFORNIA GOVERNMENT CODE W281 This is to certify that the interest in the real property conveyed by the documents attached is hereby accepted by the undersigned authorized official or officer on behalf of the City of San Rafael pursuant to authority conferred by City Council of the City of San Rafael and the City of San Rafael consents to the recordation of said document or documents in the Office of the Recorder of Marin, State of California. DATE: BY: ATTEST: BY: NAME: JEANNE M. LEONCINI TITLE: CITY CLERK NAME: ROD GOULD TITLE: CITY MANAGER EXHIBIT "II"