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HomeMy WebLinkAboutCC Resolution 9083 (Merrydale Overcrossing)RESOLUTION NO. 9083 A RESOLUTION AUTHORIZING THE SIGNING OF SETTLEMENT AND EASEMENT AGREEMENTS WITH EDM INVESTMENTS AND NORTHGATE III PARTNERS FOR THE MERRYDALE OVERCROSSING PROJECT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS FOLLOWS: The Mayor and the City Clerk are hereby authorized to execute, on behalf of the City of San Rafael, the following agreements: 1. "Settlement Agreement" with Northgate III Partners and EDM Investments. 2. "Easement Agreement" with EDM Investments. Copies of said agreements are attached hereto and incorporated herein by reference. 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 18th day of January, 1994, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: Thayer ABSENT: COUNCILMEMBERS: None 'N JEAWE M. LEONCIAI, City Clerk ORIGIN'Al +`Y083 SETTLEMENT AGREEMENT This Settlement Agreement (the "Settlement Agreement") is made as of December 13, 1993, by and between the CITY OF SAN RAFAEL (the "City"), Northgate III Partners, a California Joint Venture ("Northgate III Partners") and EDM INVESTMENTS, a California corporation ("EDM") (collectively, the "Parties"). RECITALS A. EDM is the record owner of certain real property located in the City of San Rafael, County of Marin, State of California, commonly known as Northgate Shopping Center III (the "Property"). EDM is the record owner of the Property, holding title to the Property on behalf of Northgate III Partners, a California Joint Venture ("Northgate III Partners"). B. The City is constructing an overcrossing across Highway 101 in San Rafael, California (the "Project"), pursuant to which the City filed a Complaint in Eminent Domain on June 27, 1991 entitled Citv of San Rafael v. EDM Investments. et al., Marin County Superior Court case no. 149986 (the "Eminent Domain Action"), to acquire a permanent ingress and egress easement and three (3) temporary construction easements (the "Original Easements") across portions of the Property, which easements are more particularly described in Exhibits A, B, C, and D to the Complaint in Eminent Domain. C. In connection with the Eminent Domain Action, on June 27, 1991, the City deposited Forty -One Thousand Three Hundred Dollars ($41,300) with the Clerk of the Marin County Superior Court, as the amount of probable compensation for the acquisition of the Original Easements (the "Deposit"), which Deposit has been accruing interest at the rate specified by Code of Civil Procedure section 1268.350 since that date. D. The City has redesigned the Project to eliminate the need for the Original Easements, and to require two revised temporary construction easements (the "Revised Temporary Construction Easements") across portions of the Property. E. The Parties desire to resolve all disputes and issues arising between the City on the one hand and EDM and Northgate III Partners on the other hand from the Eminent Domain Action, the City's abandonment of the original eminent domain action, the acquisition of the Original Easements and the acquisition of the Revised Temporary Construction Easements, including, without limitation, all claims for just compensation, severance damages, 14108I.P50 11/02/93 -1- loss of goodwill, attorneys' fees, interest, or any other damages, on the terms set forth below. AGREEMENT In consideration for the obligations described below, the parties hereto agree as follows: 1. EDM shall grant to the City the Revised Temporary Construction Easements, which are more particularly described in the Easement Agreement attached as Exhibit A to this Settlement Agreement and which is incorporated into this Settlement Agreement by reference (the "Easement Agreement"). The Revised Temporary Construction Easements shall commence on February 1, 1994, and shall be valid for an initial period of twenty-four (24) months. Upon notice by the City as provided in the Easement Agreement, the City shall be entitled up to two (2) additional six-month extensions of the Revised Temporary Construction Easements, for compensation of Five Thousand Dollars ($5,000) for both Revised Construction Temporary Easements as to each 6 -month extension period, which amount shall be payable by the City to EDM and Northgate III Partners on or prior to the date of commencement of the extension period. Such compensation shall be in addition to the consideration described in Paragraph 2 below. 2. As consideration for the Revised Temporary Construction Easements being granted by EDM, and as compensation for the other damages incurred or to be incurred by EDM and Northgate III Partners as contemplated herein, the City agrees to cause promptly to be paid to EDM (on behalf of EDM and Northgate III Partners) an amount equal to the Deposit together with all interest that has heretofore accrued thereon, together with any interest that would otherwise accrue on the Deposit through the date of the actual payment of such amount to EDM and Northgate III Partners. To facilitate such payment, EDM and Northgate III Partners agree to cooperate with the City in joining in any application the City may prepare, to have the Deposit, together with all interest that has then accrued thereon, withdrawn and paid to EDM and Northgate III Partners. The payment of an amount equal to the Deposit and accrued interest shall constitute full payment of compensation to EDM and Northgate III Partners and the constituent partners of Northgate III Partners for the Revised Temporary Construction Easements including, without limitation, just compensation, severance damages, damages for loss of goodwill, attorneys' fees, litigation costs, interest or other damages relating to the Temporary Construction Easements. The amount of such Deposit and accrued interest shall also constitute full settlement of all EDM's and Northgate III Partners' claims or causes of action for just compensation, severance damages, 14108I.P50 11/02/93 -2- goodwill damages, attorneys' fees, litigation costs or other damages of any kind arising out of or related to the Eminent Domain Action, the City's order for possession of the Original Easements, or the City's abandonment of the Original Eminent Domain Action and the Original Easements. The consideration payable herein shall not affect any future rights or claims of EDM or Northgate III Partners, arising out of any breach by the City (or its successors, assigns, employees, contractors or agents) of the City's obligations under this Settlement Agreement or the Easement Agreement. 3. EDM and Northgate III Partners respectively do, for themselves, and their past or present shareholders, partners, joint venturers, attorneys, successors, and assigns, hereby release, waive, abandon and forever discharge any and all claims, demands, or causes of action for damages, costs, expenses or compensation relating to the claims or causes of action for which the compensation is intended as described in 1 2 above. The parties hereto acknowledge that this Settlement Agreement and the release set forth herein do not extend to (i) any claims for any breach by the City (or its successors, assigns, employees, contractors or agents) of any obligation of the City under this Settlement Agreement or the Easement Agreement, or (ii) any claims that may be asserted by third parties (including"any tenants of the Property) against the City, which claims if asserted shall be the sole responsibility of the City to address. 4. Upon execution of this Settlement Agreement and the Easement Agreement, the City will dismiss with prejudice its causes of action in the Eminent Domain Action against EDM and Northgate III Partners, and will record a withdrawal of the lis pendens recorded pursuant to the Eminent Domain Action. City further agrees that, upon request of EDM or Northgate III Partners, to execute a quitclaim deed or other documentation that may be appropriate, to remove any cloud on title to the Property caused by the earlier proceedings in the eminent domain action, including any earlier right to possession of the Original Easements. 5. The City shall cause the following tasks to be accomplished at the sole cost and expense of the City in the course of construction of the Project: (A) As an initial construction task, the southernmost existing driveway from the shopping center parking lot on the Property (the "Parking Lot") onto Las Gallinas Avenue will be relocated approximately 50 feet north of its present location. The exact location of the relocated driveway shall be subject to the review and reasonable approval of EDM. 14108I.P50 11/02/93 -3- (B) As an initial construction task, traffic signals will be installed at the intersection of Las Gallinas Avenue and Merrydale Road near the Project. (C) As an initial construction task, a continuous left turn lane (serving both the north and south directions) will be created on Las Gallinas Avenue along the entire frontage of the Parking Lot so as to facilitate south bound traffic on Las Gallinas Avenue turning left into the Parking Lot. (D) If feasible to do so, a temporary driveway will be provided from the Parking Lot onto Merrydale Road during construction, located adjacent to the building occupied by the current Goodyear tire dealership on the Property (the "Goodyear Building"). (E) The City will review the method and staging of construction of driveways on Merrydale Road in front of the Goodyear Building with the tenant prior to beginning any work on such driveways, to minimize the potential impact on the tenant's business operations. (F) The City will not utilize either the Revised Temporary Construction Easements or the section of Merrydale Road adjacent to the Parking Lot for storage of materials or equipment during construction of the Project. (G) The City will install permanent informational/directional signs on Merrydale Road to direct delivery trucks to and notify other traffic of the continuing existence of access to the most easterly driveway of the Parking Lot. (H) The City will perform all construction activities on the portion of the Project adjoining the Property (including the portion of Merrydale Road which will be used for temporary access) and on the Revised Temporary Construction Easements, in a professional and workmanlike manner so as to minimize any generation of dust, interruption of traffic, noise disturbance, or other adverse affects which might discourage customers from shopping at the stores located on the Property, and the City will continue to provide to the extent reasonably practical, reasonable ingress and egress on Merrydale Road to and from the Property during the course of construction of the Project. (I) EDM shall be consulted and kept informed as to the schedule of any construction activity occurring on the Property or affecting access to the Property, and the final plans for the 14108I.P50 11/02/93 -4- Project shall be materially consistent as to those plans recently shown and explained to EDM by the City, which includes permanent access to and egress from the Property onto Merrydale Road (with egress to be by means of a "slip ramp"). The City shad z­isult with EDM as to any final decision as to the architectural treatment of the side of the retaining wall facing the Property which is to be installed along a portion of the southern boundary of the Property along Merrydale Road, and as to the design of the incline to be constructed by the City on the Property to provide for the change in elevation from the current grade of the Property to the planned permanent ingress and egress point between the Property and Merrydale Road. 6. The City shall defend, indemnify and hold EDM, Northgate III Partners and the Property free and harmless from and against any third party claims, demands, causes of action, liabilities, liens or damages arising out of or asserted to arise out of (i) the Eminent Domain Action, (ii) any use of or construction activities on or about the Revised Temporary Construction Easements or otherwise arising from the construction of the Project, (iii) the exercise, performance or non- performance of any rights or obligations of the City under this Settlement Agreement or under the Easement Agreement, (iv) any claims by third parties for personal injury (including death) or damage to property arising from any such activities, or (v) any claims by third parties (including any tenants of the Property) for any entitlement to any awards in eminent domain, including, without limitation, any claims by tenants of the Property against EDM or Northgate III Partners asserting an entitlement to share in the compensation provided in 1 2 hereof (collectively "Third Party Claims"). The Parties hereby agree that, for the purposes of this Paragraph 6, EDM and Northgate Partners III assign to the City such legal and contractual rights arising from their leasehold relationships with their tenants as could be raised as defenses to Third Party Claims and that the City shall be able to raise as a defense to such Third Party Claims any matter that EDM and/or Northgate Partners III could raise as a defense to such Third Party Claims including, without limitation, contract -based defenses such as condemnation clauses in leases between EDM/Northgate Partners III and tenants with leasehold interests in the Property. 7. EDM and Northgate III Partners hereby warrant, represent and guarantee that they are the record owner and beneficial owner, respectively, of fee title to the Property and the portions thereof burdened by the Revised Temporary Construction Easements. l 410SI_PSO 11/02/93 -5- 8. This Settlement Agreement cannot be waived, changed, discharged or terminated orally, and no alteration or variation of the terms of this Settlement Agreement shall be valid unless made in writing and signed by the Agency, EDM and Northgate III Partners. 9. This Settlement Agreement shall be governed by the laws of the State of California. 10. Formal notices, demands, and communications between the Parties shall be given to the principal office of the Parties as follows (or to such other person or address as to which notice may be given by any party hereunder): City: David Bernardi, Director of Public Works City of San Rafael 1400 - 5th Avenue San Rafael, California 94901 With Copies to Peter Franklin Goldfarb & Lipman 1 Montgomery Street, Telesis Tower, 23rd Floor San Francisco, California 94104 EDM AND NORTHGATE III PARTNERS: EDM Investments 155 Montgomery Street, 15th Floor San Francisco, California 94104 Attention: Mr. Erwin D. Mieger With copies to: HELLER, EHRMAN, WHITE & MCAULIFFEE 333 Bush Street San Francisco, California 94104 Attention: K. William Neuman, Esq. 11. This Settlement Agreement and the incorporated Easement Agreement constitute the entire understanding and agreement of the parties, and may only be amended by a written agreement signed by EDM, Northgate III Partners and the City. 14108I.P50 11/01/93 -6- 12. This Settlement Agreement may be executed simultaneously or in counterparts, each of which shall also be deemed to be an original, but all of which together shall constitute one and the same Settlement Agreement. CITY OF SAN RAFAEL ATTEST: By: 4 , JkAnne M. Leo Gini Its: City Clerk By: &lb�ertqicro Its: Mayor EDM INVESTMENTS, A CALIF$ CORPORATION/ Its: NORTHGATE III PARTNERS, A CALIFORNIA JOINT VENTURE By: EDM Investments a Ca i:fornia ,Corp ro ation By: Erwin D. Mieger Its: President 14108I.PS0 11/02/93 -7- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF SAN RAFAEL c/o Goldfarb & Lipman One Montgomery Street Telesis Tower, 23rd Floor San Francisco, CA 94104 Attention: Peter Franklin NO RECORDING FEE PURSUANT TO GOVERNMENT CODE SECTION 27383 EASEMENT AGREEMENT This Easement Agreement (the "Easement Agreement") is made as of December 13, 1993, by and between the CITY OF SAN RAFAEL (the "City"), and EDM INVESTMENTS, a California corporation ("EDM") acting in its capacity as the record title holder to that certain real property located in the City of San Rafael, County of Marin, State of California commonly known as Northgate III Shopping Center (the "Property"). EDM is the record owner of the Property, holding title to the Property on behalf of Northgate III Partners, a California Joint Venture ("Northgate III Partners"). By this Easement Agreement, EDM shall grant to the City, and the City shall accept, temporary construction easements encumbering certain portions of the Property, pursuant to the terms set forth below. For valuable consideration, receipt of which is hereby acknowledged, the City and EDM agree as follows: 1. EDM grants temporary non-exclusive construction easements over the portions of the Property as are described in the attached Exhibits 1 and 2 to the City (the "Easements"). The Easements shall be utilized by the City solely for construction purposes in connection with the Merrydale Overcrossing Project, for the periods specified below and otherwise in accordance with any applicable terms and conditions set forth in that certain Settlement Agreement among the City, EDM and Northgate III Partners of even date herewith (the "Settlement Agreement"). 2. The Easements shall remain in effect for a term of twenty-four (24) months, beginning on February 1, 1994. The City may upon written notice by the City to EDM given at least thirty (30) days prior to the expiration of the then term of the 14108G.P50 11/02/93 -1- Easements, unilaterally extend the term of the Easements up to two six-month extensions for additional consideration of five thousand dollars ($5,000) per extension, with such extension consideration to be payable in full by the City to EDM on or before the first day of the term of each such extension. 3. The City shall be responsible for promptly repairing any damage or destruction on or to the Property (including any improvements thereon) resulting from the City's exercise of easement rights pursuant to this Easement Agreement, from the City's exercise or performance of its rights or obligations under the Settlement Agreement, or otherwise arising from the City's construction of the Merrydale Overcrossing Project. 4. This Easement Agreement cannot be waived, changed, discharged or terminated orally, and no alteration or variation of the terms of this Easement Agreement shall be valid unless made in writing and signed by the City and EDM. 5. This Easement Agreement shall be governed by the laws of the State of California. 6. This Easement Agreement shall be binding upon and inure to the benefit of the successors and assigns of each of the parties to this Easement Agreement. Any reference in this Easement Agreement to a specifically named party shall be deemed to apply to any successor or assign of such party. 7. Formal notices, demands, and communications between the Parties shall be given to the principal office of the Parties as follows (or to such other person or address as to which notice may be given by any party hereunder): City: David Bernardi, Director of Public Works City of San Rafael 1400 - 5th Avenue San Rafael, California 94901 With Copies to: Peter Franklin Goldfarb & Lipman 1 Montgomery Street, Telesis Tower, 23rd Floor San Francisco, California 94104 14108G.P50 11/02,/93 -2- EDM: 155 Montgomery San Francisco, Attention: Mr. With copies to: HELLER, EHRMAN, 333 Bush Street San Francisco, Attention: K. Street, 15th Floor California 94104 Erwin D. Mieger WHITE & McAULIFFE California 94104 William Neuman, Esq. 8. This Easement Agreement and incorporated Settlement Agreement constitute the entire understanding and agreement of the parties, and may only be amended by a written agreement signed by both EDM and the City. 9. This Easement Agreement may be executed simultaneously or in counterparts, each of which shall also be deemed to be an original, but all of which together shall constitute one and the same Easement Agreement. CITY OF SAN RAFAEL ATTEST: aline Leoncini Its: City Clerk EDM INVESTMENTS, A 14108G.P50 11/02/93 By: Al ert J. oro Its: Mavor J CA LIFORNI CORPORATT-O N By: (jam Its :P��J -3- STATE OF CALIFORNIA ) )ss COUNTY OF -qeL a ) On /, 199_3, before me, the undersigned, a Notary Public, personal y appeared JFK.cAr1 N D. PLSCCc e, , personally known to me (02 11L4 —4, L1jcri.1a51-i-j wZ vis -f z t ory et l&r-ljLL-e) to be the personks`j whose name (�wy is -/"e subscribed to the within instrument, and acknowledged to me that he/May executed the same in his/authorized capacity t4Fss), and that by his/b,er the aiyi,cLcure (s) on the instrument the person(', or the entity upon behalf of which the personkzs acted, executed the instrument. WITNESS my hand and official seal. State of California County of Marin OFFIC" SEAL SANDRA L SARUBBI , iry Coma E>,aws Mpy 6,1994 � On JANUARY 22, 1994 before me, JEANNE M. LEONCINI, a Notary Public in and for said County and State, personally appeared Albert J. Boro, Mavor of the City of San Rafael, personally known to me (er preves to me -on tha ba=iz 3f caiic€actory ) to be the person(s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/=h- he executed the same in his/heritheir authorized capacity(3ea), and that by his/her/ -heir 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. JEANNE M. LEONCINI, VOTARY PUBLIC My commission expires 1/12/96 14108G.P50 11/02/93 —4— JEANNE M. LECNCINI COMk k9520"°0 Notary PUNIC -- cauio nib Z MARIN COUNTY / My ;0mm. Expires JAN 12,1998 R=20.00' L=30.56' p=87'32'37" N68'33'33" W 11.68' 11.68' vv 1O R=20.00' U L=4.09' p=1 1'43'22 AREA = 1625 SQ.FT. 02 S33'09'49" W (R) 5.00' �3 R=15.00' L=3.07' p=1 1' 43'22" ® R=470.00' L=266.06' 0 A=32'26'00" O5 R=305.00' O7 R=300.00' L=42.61' L=41.91' A=8,00,15" p=8'00' 15" © NO2'59' 18" W ® R=475.00' 5.00' L=268.88' p=32'26'00" PARCEL 1 REV. 5-11-93 Surv. WLSEY Q HAM DWG. N0. DWn• WM 355 LAKESIDE DRIVE FOSTER CITY, CALIF. 94404 141511349-2151 Ck. MP EXHIBIT A FOR THE ACQUISITION OF 1 (REV.1) Approved: TEMP CONSTRUCTION EASEMENT ALONG SCALE: 1°=40' MERRYDALE ROAD DATE: 2-15-89 �� 8K N0. MAW\1729-06\ENAPARMLI.DWG 1 Ex full 1 PARCEL 1 A PORTION OF THAT PARCEL OF LAND CONVEYED TO EDM INVESTMENTS, A CALIFORNIA CORPORATION, BY CONNECTICUT GENERAL LIFE INSURANCE COMPANY, A SPECIALLY CHARTERED CONNECTICUT CORPORATION, BY THE DEED RECORDED DECEMBER 30, 1988, AT DOCUMENT NUMBER 88-74832 OF THE OFFICIAL RECORDS OF MARIN COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE "TRUE POINT OF BEGINNING" DESCRIBED IN SAID DEED; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 71000'56" EAST A DISTANCE OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 8732'37" AN ARC DISTANCE OF 30.56 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL THROUGH THE FOLLOWING COURSES: SOUTH 6833133" EAST A DISTANCE OF 11.68 FEET; ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 475.00 FEET THROUGH A CENTRAL ANGLE OF 3226'00" AN ARC DISTANCE OF 268.88 FEET; AND ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 300.00 FEET THROUGH A CENTRAL ANGLE OF 800115" AN ARC DISTANCE OF 41.91 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 259118" WEST A DISTANCE OF 5.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 259'18" EAST A DISTANCE OF 305.00 FEET THROUGH A CENTRAL ANGLE OF 800'15" AN ARC DISTANCE OF 42.61 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 470.00 FEET THROUGH A CENTRAL ANGLE OF 3226'00" AN ARC DISTANCE OF 266.06 FEET; THENCE NORTH 6833'33" WEST A DISTANCE OF 11.68 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 15.00 FEET, THROUGH A CENTRAL ANGLE OF 11043'22- AN ARC DISTANCE OF 3.07 FEET; THENCE SOUTH 33009'49" WEST A DISTANCE OF 5.00 FEET TO SAID SOUTHERLY LINE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS NORTH 33009149" EAST A DISTANCE OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 1143'22 AN ARC DISTANCE OF 4.09 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1625 SQUARE FEET MORE OR LESS ALL LYING IN THE CITY OF SAN RAFAEL, MARIN COUNTY, CALIFOI""�� 1 EXPIRATION DATE 9-30-96 17291st.lgl PARCEL 10 REV. 5-11-93 Surv. WILSEY a HAM DWG. N0. DWS. WM 355 LAKESIDE DRIVE, FOSTER CITY,, CALF. 94404 (4151349-2151 Ck. MP EXHIBIT A FOR THE ACQUISITION OF 10 (REV.1) Approved: TEMP CONSTRUCTION EASEMENT ALONG SCALE: 1°=30- MERRYDALE ROAD DATE: 2-15-89 BK N0. Q\AG1D\1729-09\C4G\PARLELI0.DMG PARCEL 10 A PORTION OF THAT PARCEL OF LAND CONVEYED TO EDM INVESTMENTS, A CALIFORNIA CORPORATION BY CONNECTICUT GENERAL LIFE INSURANCE COMPANY, A SPECIALLY CHARTERED CONNECTICUT CORPORATION BY THAT DEED RECORDED DECEMBER 30, 1988, AT DOCUMENT NUMBER 88-74832 OF THE OFFICIAL RECORDS OF MARIN COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF COMPOUND CURVATURE ON THE SOUTHERLY LINE OF SAID PARCEL FOLLOWING THE COURSE, "ON A CURVE TO THE RIGHT WHOSE CENTER BEARS SOUTH 1214'41" EAST 300.00 FEET, THROUGH A CENTRAL ANGLE OF 800'18" FOR AN ARC DISTANCE OF 41.91 FEET;" THENCE FROM SAID POINT OF BEGINNING ALONG SAID SOUTHERLY LINE ON A CURVE TO THE RIGHT THE CENTER OF WHICH BEARS SOUTH 2059'56" EAST A DISTANCE OF 818.00 FEET, THROUGH A CENTRAL ANGLE OF 700'16" AN ARC DISTANCE OF 100.00 FEET; THENCE NORTH 400'21" EAST A DISTANCE OF 30.00 FEET; THENCE NORTH 89029'47" WEST A DISTANCE OF 103.60 FEET; THENCE SOUTH 259'56" EAST A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 2946 SQUARE FEET MORE OR LESS ALL LYING IN THE CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. *1 No. 4818 ) WILLIAM B. MASTERSON, LS 4 �`*'" EXPIRATION DATE 9-30-96 1729-06 17292nd.lgl