The URL can be used to link to this page

Home My WebLink AboutCC Resolution 9549 (Pacific Bell Facilities)d RESOLUTION NO. 9549 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF GRANT OF EASEMENT TO PACIFIC BELL FOR INSTALLATION AND MAINTENANCE OF PACIFIC BELL FACILITIES ON A PRESCRIBED PORTION OF CITY'S PROPERTY (AP# 184-042-03) AT LAGOON ROAD. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL hereby resolves as follows: Director of Public Works[! ll The/Mayor and City Clerk are herby authorized to execute the grant conveying said easement to Pacific Bell for installation and maintenance of Pacific Bell's facilities on a certain prescribed portion of City's property (AP# 184-042-03) at Lagoon Road, San Rafael, County of Marin, State of California, a copy of which is attached hereto and incorporated by this reference. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of the said City held on 5th day of February 5, 1996, by the following vote, to writ: AYES: COUNCILMEMBERS: Heller, Phillips and Zappetini NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen DISQUALIFIED: COUNCILMEMBERS: Mayor Boro (due to conflict of interest) .mak JEA&NE M. LEONCINI, City Clerk 9R1G11 a t. asp CFG263 EXCLUSIVE EASEMENT AFTER RECORDING, RETURN TO: PACIFIC BELL 2125 OCCIDENTAL RD. SANTA ROSA, CA 95401 Location: Citv of San Rafael. Document Transfer Tax S ( )Computed on Full Value of Property Conveyed, or ( )Computed an Full Value Less liens 8t Encumbrances Remaining at Time of Sale ( )Consideration of Value Less Than $100.00 Signature of declarant or agent determining tar: Agent: RWL W3 1840Q SAN RAFAEL W371 A.P.No.: 184-042-03 GRANT OF EASEMENT R/W File No. MAR1269 11 R.M. 24, MCR The undersigned Grantor(s), "Grantor(s)", hereby grant(s) to PACIFIC BELL, its successors, assigns, lessees and agents, "Grantee(s)", an EXCLUSIVE EASEMENT to construct maintain, operate; inspect, repair, replace and remove such communication facilities as Grantee(s) may from time to time require, (including ingress thereto and egress therefrom) consisting of cables, wires, conduits, manholes, handholes, service boxes, markers, pedestals, terminal equipment cabinets, electrical conductors, structures with electronic communication equipment therein and associated paving, fencing, and other necessary fixtures and appurtenances related thereto; in, over, under and upon that certain real property in the City of San Rafael, County of Marin, State of California, described as follows: All that certain real property situate in the City of San Rafael, County of Marin, State of California, being a portion of Parcel "C" as designated and shown on that certain map entitled "PEACOCK LAGOON, UNIT ONE", filed in the office of the Marin County Recorder in Book 11 of Record Maps, at Page 24, and being more particularly described as follows: The easement for the above described facilities shall be: Commencing at the most Northerly corner of said Parcel "C"; thence running along the Southeasterly right-of-way of Lagoon Road from a tangent bearing of South 19° 11' 24" West, Southerly along a curve concave Northwesterly and having a radius of 120.00 feet, through a subtended arc of 1° 37' 24" a distance of 3.40 feet to the True Point of Beginning of this description; thence leaving said right-of-way, running parallel to and 3.00 distant from the Northeasterly line of said Parcel "C" South 41° 57' 00" East 28.98 feet; thence perpendicular to the last course South 480 03' 00" West 18.00 feet; thence parallel to and 21.00 feet distant from the Northeasterly line of said Parcel "C" North 41° 57' 00" West 21.49 feet to a point laying on said right-of-way; thence along said right-of-way from a tangent bearing of North 30° 07' 52" East, Northerly along a curve concave Northwesterly and having a radius of 120.00 feet, through a subtended arc of 9° 19' 05" a distance of 19.52 feet, more or less, to the point of beginning. Bearing based on and identical to said map of "PEACOCK LAGOON, UNIT ONE." This legal description was prepared pursuant to Section 8730c of the Business and Professions Code. W3 1840Q SAN RAFAEL W3 1 R/W File No. MAR1269 A.P.No.: 184-042-03 11 R.M. 24, MCR Grantor(s) also grant(s) to Grantee(s) the right to trim such tree foliage and to cut such limb roots on said property as may be necessary for the protection of said facilities. Grantor(s) also grant(s) to Grantee(s) the right to cut, fill or otherwise change the grade of said property and to place such drainage and retaining structures thereon, as Grantee(s) may elect for the protection of said facilities. Grantor(s) also grant(s) the Grantee(s) the right to receive municipal service and commercial power service and natural gas service from the appropriate utility company serving the area, together with the right for such utility company to place its respective service facilities upon and within said easement. Grantee(s) shall be responsible for damage caused intentionally or by its negligence or willful misconduct while exercising the right granted herein. Grantee(s) shall indemnify and hold Grantor(s) harmless from and against damage to any property(ies) arising out of the installation, maintenance and repair of Grantee(s) facilities in said easement, except where such damage is caused by the active negligence or willful misconduct of Grantor(s), or Grantor's agents or employees. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. Executed this 19th day of MARCH , 1996 THE CITY OF SAN RAFAEL, a Municipal Corporation By: Its': DIRECTOR OF PUBLIC WORKS (SignName) DAVID M. BERNARDI (Title) ATTEST: ^y By: —A Qi Its': CITY CLERK ($je) JEANNE 4. LEONCINI (Title) CALIFORNIA ALL-PURPt,,*E ACKNOWLEDGMENT State of Cal i forni a County of Marin On March 19, 1996 Date before me, Nancy Eurman, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Pubfic) personally appeared David M. Bernardi Name(s) of Signer(s) IM personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person whose named is/c-oq-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ftef/t1)** authorized capacity(ib*, and that by his/b3:F/tha# signatur(s)-on the instrument the person(*, - NANCY EURMAN D or the entity upon behalf of which the person acted, 0�COMM. (11086576 executed the instrument. ' F NOTARY PUBLIC-CAIJFORNIA MARIN COUNT`( 0J My Comm. Expires Feb. 4, zogo k WITNESS my hand and official seal. Signature of Notary Public i 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 (between Paci f c Bel l and Ci ty of :s San Rafael - AP No. 184-042-03) Document Date: March 19, 1996 Number of Pages: 6 j '1 Signer(s) Other Than Named Above: N/A ' Capacity(ies) Claimed by Signer(s) Signer's Name: David M. Bernardi Signer's Name: t n ❑ Individual :j I& Oo�porate Officer ElCorporate Officer .� Title(s): Dir. of Public Works Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Attorney -in -Fact ❑ Trustee ❑ Trustee _ _ El Guardian or Conservator " `- ❑ Guardian or Conservator ' ❑ Other: Top of thumb here ❑ Other: Top of thumb here i1 •' Signer Is Representing: Signer Is Representing: City of San Rafael 01994 National Notary Association • 6236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7104 Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6827 ..f v m D LOCATION MAP PROPOSED PACIFIC BELL'S EASEMENT ON LAGOON ROAD rc 04 rte/ 20' 0 OQ- � 3r teem J 20' A = 01'37'24" R = 120.00' L = 3.40' POINT OF BIGINNING = 0919'05" = 120.00' = 19.52' - LOT 40 V: c; cv /N sr. S� S'0 / c N4 A 6 we S, L 0 T 41 A � C1 0 00 PARCEL "C" PEACOCK LAGOON, UNIT 1 BIS. 11 R.M., PG. 24 M.C.R. BASIS OF BEARINGS: BK. 11 R.M.. PG, 24,M,C.R. DATE: 10/12/95 PACIFIC H ELL REV. 11 /21 /95 W31840Q,W371 SNRFCA01 DRAWN BY R/W# MAR1269. LTS MEK JOB NO. 1329.135 MARK nE.KILPLOPSIS.�5927 SCALE: 1"=10' CARLENZOLI KIM --"m] AS S O CI AT E S S npinters-Surveyors-PLanntrs 363A Ti6CMI CMM, SANTA L06A, CA 03401 (701) 3424"A PAZ (707) 342.1643