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HomeMy WebLinkAboutCC Resolution 8915 (Storm Drain Easement)RESOLUTION NO. 8915 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF STORM DRAIN - CRAIG S. SPENCER AND JILL WILEMON SPENCER (A.P. #16-101-34) WHEREAS, the public interest, convenience, necessity and welfare require that the 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 that certain Grant of Easement from Craig S. Spencer and Jill Wilemon Spencer dated December 23, 1992, 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 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 Monday, the 17th day of May, 1993, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEM 3ERS: None JEANrft M. LEONCINI, City Clerk ORIGIN 44m-5- GRANT OF EASEMENT FOR MAINTENANCE OF STORM DRAIN APnl iG CRAIG S SPENCER AND JILL WILEMON SPENCER, husband and wife (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 (hereinafter called "Grantee"), an easement over the strip of land hereinafter described for the purpose of renewing, inspecting, maintaining, repairing and using the public storm drain in the same condition as it exists on the date the Grant of Easement is executed by Grantors 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 LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" 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. Grantor shall not erect or construct any building or other structure or drill or operate any well within said strip of land without prior written approval from Grantee. Grantee shall not expand or in any manner enlarge the size of the public storm drain, nor shall Grantee alter or change the course of said public storm drain. Additionally, Grantee shall not add any materials, including but not limited to concrete, rocks, rip -rap or fill, or construct any structure on said strip of land without the prior written approval of Grantors. Grantee shall not remove any landscaping or trees located within or on said strip of land existing as of the date this Grant of Easement is executed by Grantors without prior written approval of Grantors or unless such landscaping and/or trees become an imminent and unreasonble danger to the maintenance of the public storm drain. Grantee shall provide reasonable notice to Grantor of Grantee's entry onto Grantor's property except in the case of emergency. Grantee shall be liable for the repair or replacement, or the costs of repair or replacement, of any property, including but not limited to landscaping and trees, damaged as a result of Grantee's exercise of rights under this Grant of Easement. Grantee hereby agrees to indemnify Grantor and hold Grantor harmless for any injuries or damages arising out of Grantee's entry onto Grantor's property, and Grantee's exercise of rights under this Grant of Easement and/or any failure to maintain the public storm drain. The provisions hereof shall inure to the benefit of and bind the heirs, successors, and assigns of the respective parties hereto. IN WIT"1)ti) S WHEREOF, Grantor has executed these presents, this �ird" day of 19 yz/. CRAIG S, SPEN JER n1i.,tWILTN SPENCER IJ l 1 V STATE OF CALIFORNIA m W COUNTY OF vi Fran o_ is eS.S. y W 0 3 on �1�PCeart�er ��� 19%02 before me, ° a a Notary Public n an (d for said County and State, personally appeared o Si I W. Si—'ke r Fpersonally known tt�me (or proved f mPe on the basis of satisfactory w evidence) to be the person(s) 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 m Signature F 2492 (5-91) FOR NOTARY SEAL OR STAMP I ` OFFICIAL SEAL j ISABELL'A S. GALASSO m NOTARY PUBLIC - CALI=ORRNIA 1 SAN FRANCISCO COON -Y ' My comm. expiras APR 29, 1994 0