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HomeMy WebLinkAboutCC Resolution 10408 (Merrydale Overcrossing Project Easements)RESOLUTION NO. 10408 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING EASEMENT DEED GRANTING THE CITY OF SAN RAFAEL A PERMANENT EASEMENT FOR ROADWAY, DRAINAGE, AND UTILITY PURPOSES UPON CERTAIN PROPERTY FROM WHLW REAL ESTATE FOR THE MERRYDALE OVERCROSSING PROJECT. BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, the public interest, convenience, necessity and welfare require that a permanent nonexclusive easement for roadway, drainage and utility purposes in and upon certain real property hereinafter mentioned be accepted and used for the benefit of the public of the City of San Rafael, California. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Rafael, California, does hereby accept this easement deed from WHLW Real Estate for and on behalf of the City of San Rafael and the real property described therein, all as more particularly described and set forth in the attachment hereto and incorporated herein by reference; and BE IT FURTHER RESOLVED that the Clerk of said City is hereby directed to cause said deed to be duly recorded in the Office of the County Recorder of the County of Marin, State of California, forthwith upon the adoption of this resolution. 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 Council of said City on the 17`h day of May, 1999, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEAN LEONCI ity C erk Recording Requested by: City of San Rafael WHEN RECORDED RETURN TO: City Clerk 0q;,n>A City of San Rafael P.O. Box 151560 San Rafael, CA 94915 Escrow No. 505289 Exempt per Government Code § 6103 APN:1SO- 124-03 SPACE ABOVE THIS LINE FOR RECORDER'S USE EASEMENT DEED WHLW REAL ESTATE LIMITED PARTNERSHIP, a Delaware limited partnership "Grantor", hereby grants to CITY OF SAN RAFAEL, a municipal corporation "Grantee", a permanent nonexclusive easement for roadway, drainage and utility purposes in and upon certain real property in the City of San Rafael, County of Marin, State of California, as more particularly described in Exhibit "A" and depicted on the plat labeled Exhibit "B", each of which is attached hereto and made a part hereof (the "Easement Area"). Grantee assumes responsibility for the repair, maintenance and upkeep of the Easement Area and Grantee shall be responsible for maintaining the Easement Area in good condition and repair. WHLW REAL ESTATE LIMITED PARTNERSHIP, a Delaware limited partnership N Permanent easement for roadway, drainage and utility purposes, described as: ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA, BEING A PORTION OF THE LANDS DESCRIBED AS PARCEL ONE IN THE DEED TO KINGSTON RIVERBANK MARIN ASSOCIATES, L.P., A DELAWARE LIMITED PARTNERSHIP RECORDED DECEMBER 31, 1986 AS DOCUMENT NUMBER 86-75066 OF OFFICIAL RECORDS OF 2dARIN COUNTY, SAID REAL PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF PARCEL A AS SAID PARCEL IS SHOWN ON THAT CERTAIN PARCEL MAP RECORDED JUNE 14, 1982 IN BOOK 20 OF PARCEL MAPS OF PAGE 51, MARIN COUNTY RECORDS; THENCE FROM SAID POINT OF BEGINNING ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL A NORTH 27004'08" WEST 65.78 FEET TO A POINT OF CUSP; THENCE LEAVING LAST SAID LINE ALONG THE ARC OF A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS NORTH 48-04'13- EAST, HAVING A RADIUS OF 75.00 FEET AND A CENTRAL ANGLE OF 59'08'24", AN ARC DISTANCE OF 77.41 FEET TO A POINT OF REVERSE CURVATURE; THENCE TANGENT TO THE PRECEDING CURVE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 734.50 FEET AND A CENTRAL ANGLE OF 730'38", AN ARC DISTANCE OF 96.28 FEET; THENCE TANGENT TO THE PRECEDING CURVE NORTH 86026'27" EAST 46.89 FEET; THENCE TANGENT TO THE PRECEDING COURSE ALONG �THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 765.50 FEET AND A CENTRAL ANGLE OF 2 04'45", AN ARC DISTANCE OF 27.78 FEET; THENCE NORTH 64034'25" EAST 19.88 FEET; THENCE NORTH 82'34'19" EAST 10.00 FEET; THENCE SOUTH 7'25'41" EAST 7.00 FEET; THENCE NORTH 77'35'04" EAST 71.09 FEET; THENCE NORTH 74'53111" EAST 72.42 FEET; THENCE NORTH 71'26'27" EAST 60.41 FEET TO A POINT ON THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF THE LANDS DESIGNATED AS "86' ROADWAY & P.U.E. - 2361 O.R. 585 PCL. 2" ON THE AFORESAID PARCEL MAP DISTANT THEREON 19.65 FEET FROM THE NORTHEAST CORNER OF LAST SAID LANDS; THENCE ALONG SAID PROLONGATION SOUTH 11'30'40" EAST 19.65 FEET TO THE NORTHEAST CORNER OF LAST SAID LANDS; THENCE ALONG THE NORTHERLY LINE OF LAST SAID LANDS SOUTH 78029120" WEST 448.51 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.177 ACRES OF LAND, MORE OR LESS. REVISED 7/12/89 r 61LICEN�SEtERXPInS , JR. - L.S. 6/30/92 3805 FAM R=75.0 � � r_EJR n�,o� Q �h o� L=77.4a 6=59°08'24' A0 ti In REVISED 7/12/89 iurv. >wn STW :k. CG 1pproved: R = 734.50' L= 96.28 S L= 07030'38" ,Q l X �R=765.59' L= 27.78 9 6= 020 04' 45" N 640 3425"E 19.881 N82°34'19"E 10.00' _.\c< , rS 7.25'41"E 7.00' " , S , s?,0 F S 11 030'4 0" 19.65' JOW WILSEY & HAM 1035 E. HILLSDALE BLVD., FOSTER CITY, CALIF. 944x4 . 144.2151 EXHfB T $ FOR THE ACQUISITION OF RG-xHT OF WAY ALONG SCE I I RINI DRIVE DWG NO 12 SCALE' 1" 50' DATE. 2-15-89 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California j/�/% County of / / IGG ss. On/ aJ�%/% / before me,1�erDate ame and Title of Officer (e,C., 'Jane Doe, Notary personally appeared Z�6 , Names) of Signer(s) F'personally known to me proved to me on the basis of satisfactory evidence BETH DAUDSON Z :�•. COMM.# 1051310 Z a'�' �4 " pudic — Caiifornla n -.. Notary `z SAN MATEO COUNTY My Comm. Explros APR 17.1999 Place Notary Seal Above to be the person whose names, is/are- subscribed to the within instrument and acknowledged to me that he/shaAheq executed the same in his/hwAf eir authorized capacity( and that by his/4er/HBir signature`,K on the instrument the person(,5J, or the entity upon behalf of which the person acted, executed the instrument. WJ S m hand d official seal. ignalure 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: MIJeWIM a N141911111! Top of thumb here © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 SUBORDINATION AND CONSENT OF LENDER NOTICE: THIS SUBORDINATION AND CONSENT AGREEMENT RESULTS IN YOUR SECURITY INTEREST AND THE LIEN OF YOUR DEED OF TRUST IN AND TO THE BECONIING SUBJECT TO AND OF LOWER PRIORITY THAN AN EASEMENT GRANTED TO THE CITY OF SAN RAFAEL. Subordination and Consent of General Electric Capital Corporation, a New York corporation The undersigned, General Electric Capital Corporation, a New York corporation ("Lender"), hereby consents to WHLW Real Estate Limited Partnership's grant to The City of San Rafael of an easement on, over, across and through the WHLW Parcel as set forth above in this Easement Deed (the "Agreement") and hereby further covenants and agrees as follows: csrpI� 1. Any and all of Lender's rights, title and interests in and to the Va ffiW-�l (as defined above in this Agreement) evidenced by that certain Deed of Trust, Assignment of Rents and Security Agreement granted by WHLW in favor of Lender, dated as of November 26, 1996, and recorded on December 11, 1996 as Instrument No. 96-065615, and that certain Attomment Agreement, dated December 31, 1996, executed by and between General Electric Capital Corporation and Autodesk, Inc., a California corporation, recorded January 30, 1997 as Instrument No. 97-004947 of the Official Records of the County of Marin, California (as subsequently amended, supplemented or otherwise modified, collectively referred to herein as the "Deed of Trust") is now and shall at all times, in each and every respect, continue to be, subject to and subordinate to this Easement Deed and-to-i—y � 1& ull 1� 11� W 41s; modifications,- ensinn ubstiiufione, repl<cements-axd�er eensolidetiens-tereef; and the Easement Deed shall unconditionally be and at all times remain a lien or charge on the Easement Area, prior to and superior to the Deed of Trust and Lender's interest therein; and 2. If Lender shall become the owner of the Easement Area or the Easement Area shall be sold by reason of foreclosure or other proceedings brought to enforce the Deed of Trust, or the Easement Area shall be transferred by deed in lieu of foreclosure, this Easement Deed shall continue in full force and effect as between the then owner(s) of the Easement Area, their heirs, successors and assigns, upon and subject to all of the terms, covenants and conditions of this Easement Deed. LENDER: General Electric Capital orporat' �, a New York corporation j , I By: V V--/ \_, W M. V \ Its: o 1 i\J By: Its: [Attach Notary(ies)] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Cal' S ss. County of On C�.1/� 9 r �c1g� , before me, �- (�J�cl/�' Date ��/ ` Name and Title of Officer (e.g., ".t�e Doe, Notary Public') personally appeared 1- (i d" Name(s) of Signer(s) 0 -personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are ?' '" : BRIDGETTE D. BRgpb�, subscribed to the within instrument and My COMMISSION EXPIRES ;E+�`Dece acknowledged to me that he/she/they executed mbar 6, 2ppD the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WFFt3ESS my hand and official seal. Place Notary Seal Above Signature of No y0Jblic 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Top of thumb here © 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