HomeMy WebLinkAboutCC Resolution 9403 (Baypoint Lagoons Pedestrian & Bicycle Facility)RESOLUTION NO. 9403
RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN RAFAEL AC%,ji!,r iudG THE GRANT OF EASE-
MENT FOR CONSTRUCTION AND MAINTENANCE
OF PEDESTRIAN AND BICYCLE FACILITY, BAYPOINT
LAGOONS, SAN RAFAEL
WHEREAS, public interest, convenience, necessity and welfare
require that the easement hereinafter mentioned be accepted and used for
the public of the City of San Rafael, California.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City
Council of the City of San Rafael, that that certain grant of easement for the
construction and maintenance of pedestrian and bicycle facility, executed
by Baypoint Lagoons Association to the City of San Rafael, dated October 26,
1993, be and the same is hereby accepted and the Clerk of said City is
hereby directed to cause said conveyance 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
Monday, the 17th day of July, 1995, by the following vote, to wit:
AYES' COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini
& Mayor Boro
NOES: COUNCILMEM 3ERS: None
ABSENT: COUNCILMEMBERS: None
JEA14NE M. LEOCINI, City Clerk
OR191NAI q�
V
V)When recorded mail to:
City of San Rafael
Department of Public Works
1400 Fifth Avenue
P. O. Box 151560
San Rafael, CA 94915-1560
FOR RECORDER'S USE
GRANT OF EASEMENT FOR CONSTRUCTION
AND MAINTENANCE OF PEDESTRIAN AND BICYCLE FACILITY
BAYPOINT LAGOONS ASSOCIATION, a California non-profit mutual benefit corporation
(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 installing, constructing, renewing, inspecting,
maintaining, repairing and using a pedestrian and bicycle facility on 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:
SEE EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF
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 bind the heirs, successors, and
assigns of the respective parties hereto.
IN WITNESS WHEREOF, Grantor has executed these presents, this 26th day of
Orrnhar 19 �_ BAYPOINT LAGOONS ASSOCIATION,
, a Cal ornia non-profit mutual benefit corporation
BY:
De is R. Horne, ecretAAary
BY: � T �i(1ZSU�J•
Mary T��Gabrielli/President
STATE OF CALIFORNIA
COUNTY OF MARIN
On October 26th, 1993 before me, Toni L. Esposti , a Notary Public
in and for said County and State, personally appeared Dennis R. Horne & Mary T. Gabrielli
personally known to me (or proven to me on the basis of satisfactory evidence) to be the person
whose name(s) is/are subscribed to the within instrument and acknowledged 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.
WITNESS my hand and official seal.
ORIGINAL
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Mil comm. E ores SEP 26, 1997
A OBERKAMPER V ASSOCIATES November 17, 1993
CIVIL ENGINEERS, INC. Job No. 114-92
EXHIBIT A
LEGAL DESCRIPTION
PEDESTRIAN AND BICYCLE EASEMENT
BAYPOINT LAGOONS UNIT 1
San Rafael, California
All that certain real property situated in the City of San Rafael, County of Marin,
State of California described as follows:
A strip of land 10 feet in width lying 5 feet on each side of the following described
centerline:
Beginning at a point on the northerly line of Parcel B, as shown on that certain
map entitled "Map of Baypoint Lagoons Unit One", distance South 69°32'00" East,
34.08 feet from the northwesterly corner thereof; thence leaving the northerly line
of Parcel B, southwesterly along a curve to the right, whose center bears North
70141156" West, having a radius of 75 feet, through a central angle of 11120'07",
an arc distance of 14.84 feet; thence South 30038111" West, 39.89 feet; thence
South 27106104" West, 56.52 feet; thence along a tangent curve to the left having
a radius of 75 feet, through a central angle of 1204712111, an arc distance of 16.74
feet; thence South 14°18'43" West, 207.73 feet; thence along a tangent curve to the
left having a radius of 50 feet, through a central angle of 2300113711, an arc distance
of 20.10 feet; thence South 8042154" East, 13.02 feet; thence along a tangent curve
to the right having a radius of 75 feet, through a central angle of 14°22'42", an
arc distance of 18.82 feet; thence South 5139'47" West, 71.15 feet to the southerly
line of said Parcel B, distance South 75°39'00" East 18.17 feet from the southwesterly
corner thereof.
The side lines of said strip are to be prolonged or shortened to terminate on the
said northerly line and southerly lines of said Parcel B.
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