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HomeMy WebLinkAboutCC Resolution 9553 (Merrydale Overcrossing Easements)RESOLUTION NO. 9 5 5 3 A RESOLUTION ACCEPTING TRAFFIC SIGNAL EASEMENTS FROM NORTHGATE MALL ASSOCIATES FOR CONSTRUCTION AND MAINTENANCE OF MERRYDALE OVERCROSSING WHEREAS, the City of San Rafael desires to install traffic signals and appurtenant hardware to improve the traffic flow of vehicles through the Northgate Activity Center as well as flow within the Northgate Mall; and, WHEREAS, Northgate Mall Associates is willing to grant to the City two easements for such purpose; and, WHEREAS, staff have reviewed the easements and find them acceptable; and, WHEREAS, there is no cost to the City for said easements. NOW, THEREFORE, BE IT RESOLVED that the City Council accept the easements from Northgate Mall Associates. IT IS FURTHER RESOLVED that the Mayor execute said easements on behalf of the City of San Rafael. 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 Tuesday, the 20`h day of February, 1996, by the following vote, to wit: AYES: COUNCILMEMBERS:Cohen, Heller, Phillips, Zappetini & Mayor NOES: COUNCILMEMBERS:None Boro ABSENT: COUNCILMEMBERS:None JEAM& M LEONCYNI, City Clerk OR-IGINAI Aso Traffic Signal Easement for City of San Rafael by Northgate Mall for Construction and Maintenance of Merrydale Overcrossing This Agreement is made and entered into by and between the CITY OF SAN RAFAEL, a municip l clo�rp oration, ihereinafter referred to as "CITY," and NORTHGATE MALI) a Californi��ership , hereinafter referred to as Y LU "OWNER(S)." J U } H U c RECITALS: W .U*) z i A. CITY desires to install traffic signals and appurtenant hardware to Z 01 w rn improve the traffic flow of vehicles through the Northgate Activity Center as well as flow within the OWNERS parking lot for the Northgate Mall. W Z J Z W B. OWNER(S) is willing to grant a construction and maintenance easement •• z described herein for construction and maintenance of said traffic signals I-- N and appurtenances. z o W to 3C Ln U LO C. OWNER(S) is willing to grant a temporary construction and maintenance z o easement described herein for installation and maintenance of said °O traffic signals and appurtenances. oc 0 W o_ a „ MUTUALLY UNDERSTOOD: W J J W d Q W WA. CITY will construct said traffic signals and appurtenances as a part of cthe Merrydale Overcrossing Project, at this date currently under U oWc o construction. The plans for said traffic signals and appurtenances are incorporated by reference and a portion of the official contract 3" documents for "Merrydale Overcrossing, Project No. 047-4710-478- 8000" on file with the City Clerk of the CITY. A copy of the relevant plans have been transmitted to the OWNER. S I In ,4 B. OWNER will allow for the installation of the facilities. C. CITY will minimize the impacts to the OWNER and repair or replace any damages to OWNER's property. 1. Two way traffic will always be available. 2. Work is not to begin until after January 1, 1996. D. The limits of the construction and maintenance easement is as shown on the drawing titled "Merrydale Overcrossing - Northgate Mall Easement" attached hereto and incorporated herein as "EXHIBIT A". This easement will be permanent and irrevocable. E. The limits of the temporary construction and maintenance easement is as shown on the same drawing entitled "Merrydale Overcrossing - Northgate Mall Easement" attached hereto and incorporated herein as "EXHIBIT B". This easement will only be necessary during construction of the facilities described above. F. CITY will be responsible for the maintenance of all equipment and appurtenances installed on Northgate Mall property. WITNESSETH: CITY OF SAN RAFAEL: Albert J. oro, Mayor Attest: U �"` A Jeanne M. Leoncini, City Clerk OWNER(S): NORTHGATE MALL ASSOCIATES, a California general partnership By: THE MACMICH PARTNERSHIP, L.P., a Delaware limited partnership, its Generaer By: The Company, a Maryland co �rTan, eneral partner By: �i Its: Vice Chairman of the Board r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT n/�'", I... ...•��/1®.'1,71-.��`: 'r1'I.:�4'�t7i'?:'rr �rrr.. , State of Cali fo rni a County of Marin On March 11, 1996 Date U L� before me, Nancy Eurman, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") V personally appeared Albert J. Boro Name(s) of Signer(s) U u XD personally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the persogy W whose name,( is/gwsubscribed to the within instrument and acknowledged to me that here/€ty executed the t} same in hisli +w/th@ir authorized capacity. j-, and that by his/flar/theif signatureWon the instrument the person, ,a` I or the entity upon behalf of which the personal acted, r NANCY EURMAN D executed the instrument. to 0COMM. #1086576 t� QNOT MARIN C -CALL ORNIA qV WITNESS my hand and official seal. . My Comm. Expres Fe. 4, 2000 ib k Signature of Notary ftbic l v t OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent l fraudulent removal and reattachment of this form to another document. U Description of Attached Document Title or Type of Document: Traffic Signal Easement for City of San Rafael by Northgate Mail for construction and Maintenance of Merryda'le Overcrossi g Document Date: l tni J A ►F A , Number of Pages: 8 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Albert J. Boro ❑Iil IN/Corporate Officer Title(s): Mayor ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer's Name: G I IN Individual Corporate Officer Title(s): i t 1 t t to Partner — ❑ Limited .- General t Attorney -in -Fact Trustee Guardian or Conservator Other: Y Signer Is Representing: Signer Is Representing: i't Citv of San Rafael t t t ®1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7104 Prod. No. 5907 9 A �_ ye Top of thumb here t t t 1 t Reorder. Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On January 22, 1996, before me, DATE Linda K. Jones, Notary Public , NAME, TITLE OF OFFICER - E.G 'JANE DOE NOTARY PUBLIC No. 5907 personally appeared Dana K. Anderson NAME(S) OF SIGNER(S) 0 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed 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. comm.�9ea ss� WITNESS my hand and official seal. Q1MV Notary PLNC — CGGfotnbLOS ANGELES COUNTY Comm. Eq*es MAR 7,1997 SIGNATU OF NOTA OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) i,. I - t DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE OO 1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 PR n 0 0 0 0© © 0 0 0 0 O �� rz r= t ;D rM r rz rz t ;v r, ;u r� rz II 11 II II II II II II II II II II II II II II 11 II 11 11 N� N+ W —.. — N� NtD LI m— � OtN NOt ON N� N� N A y,� OOf -��1 O W DO O tD �(1t pN �O p0 O t.IN pA WO DO c) D p Cr p S O 'pm� tD - o p o o o o o o o 'o o o II 101 11 m m A N 11 m W O Q O N A A N W W -' V N OWi Ot N O W to W O Ot A to Project Name 2� Merrydale Overcrossing -- City of Northgate Mall Easement 3 t San Rafael "r O 0 3 SE X3'50 S4 � 6 00 my enpe..r. gpn.a ®Z u 0 z u r EXHIBIT "A" A portion of land shown on the "Map of Northgate Regional Shopping Center", Record Map Book 12, Page 19, filed in the Official Records of Marin County on September 10, 1995, and more particularly described as follows: COMMENCING at the southeastern corner of said parcel being the intersection of the centerline of Northgate Drive and the eastern line of said parcel, THENCE, NW 140 28'26" 183.65 feet, THENCE, along a tangent curve to the right whose center bears radially NE 75° 32'48", a distance of 780.00 feet, through a central angle of 43° 51'22", an arc distance of 597.04 feet, THENCE, NE 290 23'52" 100.00 feet, THENCE, along a tangent curve to the left whose center bears radially NE 600 36'02", a distance of 970.00 feet, through a central angle of 6° 31' 29", an arc distance of 110.46 feet, to the TRUE POINT OF BEGINNING. THENCE, FROM THE TRUE POINT OF BEGINNING, NW 67° 07'31- 2.00 feet, THENCE, along a tangent curve to the left whose center bears radially NW 67' 07' 31", a distance of 15.00 feet, through a central angle of 102° 48' 14", an arc distance of 26.91 feet, THENCE, along a tangent curve to the right whose center bears radially NW 35° 40'43", a distance of 165.00 feet, through a central angle of 8° 43'55", an arc distance of 25.15 feet, THENCE, NE 440 24'38" 10.00 feet, THENCE, along a tangent curve to the right whose center bears radially NE 44" 24'38", a distance of 155.00 feet, through a central angle of 11° 05'36", an arc distance of 30.00 feet, THENCE, NE 550 30'00" 40.00 feet, THENCE, along a tangent curve to the left whose center bears radially NE 55° 30' 00", a distance of 115.00 feet, through a central angle of 2° 42' 13", an arc distance of 5.43 feet, THENCE, NE 770 26'47" 29.40 feet, THENCE, along a tangent curve to the left whose center bears radially NW 720 39'35", a distance of 964.00 feet, through a central angle of 1° 11' 19", an arc distance of 20.00 feet, THENCE, SE 730 50'54" 6.00 feet, THENCE, along a tangent curve to the right whose center bears radially NW 73° 50'54", a distance of 970.00 feet, through a central angle of 60 43' 23", an arc distance of 113.82 feet back to the TRUE POINT OF BEGINNING. Containing 3,209 square feet. n n X 8 6 0 0 �' ra rs r� r� r� rz rA rz r� rA rz � II IIII II II II II II II II II 11 II II II II II 11 II II II II o �' N— N-. I- F. - � U� Nt0 mU !-& OU �p , 00 00 WU 0- WO p0 000 0 U OlA O0� O N b� O' D D 0 O D D D 0,0 O O Oo N W Opi N O W 10 W O � O� A 5 a Project Name o g` nn Merrydale Overcrossing --- city of Northgate Mall Easement a San Rafael c clb E.Ci—e. App.W a I- M x W EXHIBIT "B" A portion of land shown on the "Map of Northgate Regional Shopping Center", Record Map Book 12, Page 19, filed in the Official Records of Marin County on September 10, 1995, and more particularly described as follows: COMMENCING at the southeastern corner of said parcel being the intersection of the centerline of Northgate Drive and the eastern line of said parcel, THENCE, NW 140 28'26" 183.65 feet, THENCE, along a tangent curve to the right whose center bears radially NE 750 3248", a distance of 780.00 feet, through a central angle of 430 51'22", an arc distance of 597.04 feet, THENCE, NE 290 23'52" 100.00 feet, THENCE, along a tangent curve to the left whose center bears radially NE 60° 36'02", a distance of 970.00 feet, through a central angle of 6° 31'29", an arc distance of 110.46 feet, THENCE, NW 670 07'31" 2.00 feet, THENCE, along a tangent curve to the left whose center bears radially NW 67° 07'3 1", a distance of 15.00 feet, through a central angle of 1020 48' 14", an arc distance of 26.91 feet, THENCE, along a tangent curve to the right whose center bears radially NW 35° 40'43", a distance of 165.00 feet, through a central angle of 8° 43'55", an arc distance of 25.15 feet, THENCE, NE 440 24'38" 10.00 feet, THENCE, along a tangent curve to the right whose center bears radially NE 44° 24'38", a distance of 155.00 feet, through a central angle of 11° 05'36", an arc distance of 30.00 feet to the TRUE POINT OF BEGINNING. THENCE, FROM THE TRUE POINT OF BEGINNING, NW 23° 40'49" 49.29 feet, THENCE, along a tangent curve to the left whose center bears radially SW 66° 19' 11", a distance of 110.00 feet, through a central angle of 6" 19'46", an arc distance of 12.15 feet, THENCE, along a tangent curve to the left whose center bears radially SW 59° 5925", a distance of 110.00 feet, through a central angle of 6° 15'02", an arc distance of 12.00 feet, THENCE, NE 550 26'30" 30.22 feet, THENCE, along a tangent curve to the right whose center bears radially SW 55° 26'30", a distance of 140.00 feet, through a central angle of 4" 54'40", an arc distance of 12.00 feet, THENCE, SE 340 30'00" 60.55 feet, THENCE, NE 550 30'00" 40.00 feet back to the TRUE POINT OF BEGINNING. Containing 2,442 square feet.