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HomeMy WebLinkAboutCC Resolution 8924 (Pickleweed Park Sewage Easement)RESOLUTION NO. 8924 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF RIGHT OF WAY CONTRACT AND GRANT OF EASEMENT TO THE SAN RAFAEL SANITATION DISTRICT FOR SEWAGE FORCE MAIN FACILITIES IN PICKLEWEED PARK WHEREAS, some time ago, the San Rafael Sanitation District approved a long-range masterplan to upgrade the District's sewage transportation facilities; and WHEREAS, one component of that plan was to construct new pipelines under the San Rafael Canal to replace an old, deteriorating line; and WHEREAS, the plan also called for constructing modifications to a number of pump stations that serve the San Pedro Peninsula and for new pipelines under the San Rafael Canal to connect to existing District facilities at Kerner Boulevard and Canal Street; and WHEREAS, the only available access from the San Pedro Peninsula to District facilities across the San Rafael Canal is through the City's Pickleweed Park; and WHEREAS, the Sanitation District has prepared the necessary easement acquisition documents including a Right of Way Contract and Grant of Easement; and WHEREAS, in consideration of City conveying to District the necessary easement rights, District will pay to City the sum of $136,500. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of San Rafael that the Mayor and City Clerk are hereby authorized to execute, on behalf of the City of San Rafael, a Right of Way Contract and Grant of Easement for acquisition of easement rights through Pickleweed Park for District's sewage force main facilities. I, JEANNZ. 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: COUNCU MEM 3ERS: None ABSENT: COUNCILMEM 3ERS: None 0- SAM&-, JEANNP M.7LEONCIriT, City Clerk '; 089a� Recording Requested By: 93-048820 San Rafael Sanitation District And When Recorded Mail To: San Rafael Sanitation District 2 P. 0. Box 151560 San Rafael, California 94915-1560 � ;;;; I� flKY Attn: David M. Bernardi District Administrator APN: 9-032-06,07,08 Space Above This Line Recorder's Use GRANT OF EASEMENT The CITY OF SAN RAFAEL, a Municipal Corporation, hereinafter called the Grantor, hereby GRANT(S) to SAN RAFAEL SANITATION DISTRICT, a Special District of the County of Marin, State of California, hereinafter called the Grantee, for good and valuable consideration, an exclusive subsurface easement and non-exclusive surface easement for the right to lay down, construct, alter, operate, maintain and repair such sewer line or lines and appurtenances thereto in such sizes and configurations as the Grantee deems necessary over all that real property situate in the County of Marin, State of California, described as follows: DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF The easement(s) granted herein includes incidental rights of maintenance, repair and replacement of said sewer lines and appurtenances together with the free right of ingress and egress over and across the remaining portion of Grantor's property, insofar as such right of ingress and egress is necessary to the proper use of the rights granted herein. The Grantor and the Grantor's heirs, successors or assigns shall not allow anything which may interfere with the full enjoyment by the Grantee of the rights herein granted. The Grantor reserves the right to landscape or make such other use of the lands included within the surface easement which is consistent with Grantee's use; however, such use by Grantor shall not include the planting of trees or construction of permanent structures, including but not limited to houses, garages, outbuildings, swimming pools, tennis courts, retaining walls, decks, patios or other architectural concrete structures within the easement(s). The Grantee agrees upon completion of any of its works herein to restore as near as possible the surface of the ground to the condition in which it was prior to the commencement of said work. This instrument shall bind and inure to the benefit of the successors and assigns of the parties hereto. In witness whereof, the Grantor has executed this instrument this '104day of M d►`( , 1993. City of San feel a Municipal orporation By:, Title M AY o t_ V Title D E'P, G% -- Y G L G___ r1 State of California County of Marin On lvgv 020. 199q before me, A. M. MARCOTTE, a Notary Public in and for theddsaid'County and State, personally appeared Albert J. Boro, Mayor of the Citv of San Rafael personally known to me (or Yr=wed—te— me en —tka a -f ectac�� :�-- ene e) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheithey executed the same in his/ her--/tkaliv authorized capacity (4res) , 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.OF? '9-1— FICIAL SEAL A. M. MARCOTTE Notary Public-CaAfornla ; MARIN COUNTY My Commission Expires , A. M. MARCO(PTE, NOTARY PUBLIC November 17, 1995 My commission expires 11/17/95 . " " CSW [St]2 Date: June 4, 1993 File: 4.890.01 PARCEL 1: JUN 8 1993 PUBLIC WORKS DEPT. CIS Of SM AMA L 790 DeLong Avenue, Novato, CA 94945 (415) 892,4763 FAX: (415) 892-4502 CSW /Stuber-Stroeh Engineering Group, Inc. EXHIBIT A DESCRIPTION OF PIPELINE EASEMENT CITY OF SAN RAFAEL Beginning at a point on the westerly line of that certain parcel of land conveyed to the City of San Rafael by deed recorded in Book 211 of Deeds at page 400, Marin County records, said point distant thereon S 28030136" W (deed bearing S 27°12' W) 0.16 feet from the northwesterly corner of said parcel; Thence along said westerly line S 28030136" W 25.07 feet; Thence leaving said westerly line southeasterly along a curve to the right of radius 1330.00 feet, whose center bears S 24005127" W, through a central angle of 0"28152" for an arc distance of 11.17 feet to the northwesterly line of that certain parcel of land conveyed to the United States Government by deed recorded in Book 225 of Deeds at page 431, Marin County records; Thence along the last said northwesterly line N 61°11'36" E (deed bearing N 59"53' E) 30.89 feet; Thence leaving last said northwesterly line westerly along a curve to the left of radius 1355.00 feet, whose center bears S 24010121" W, through a central angle of 1010152" for an arc distance of 27.93 feet to the point of beginning. PARCEL 2: A strip of land twenty-five feet (251) in width lying 12.50 feet �on each side of the following described center line: Beginning at a point on the northwesterly line of that certain parcel of land described as Parcel No. 17-201-39 Sale 1974-03070 in the deed recorded in Book 3751 of Official Records at page 85, Marin County records said point distant thereon S 61°11'36" W (deed bearing S 61°40116" W) 14.22 feet from the northerly corner of said parcel; Civil Engineers • LandPlanners - Surveyors f:\wd\4\des\6-4-93.890 CSW (St )Z Thence southeasterly along a curve to the right of radius 1342.50 feet, whose center bears S 32°33122" W, through a central angle of 13°33105" for an arc distance of 317.52 feet to a point herein defined as Pt. "A"; Thence continuing along said curve to the right of radius 1342.50 feet through a central angle of 3 ° 09' 03" for an arc distance of 73.82 feet. PARCEL 3: Beginning at a point on the southerly line of Parcel 2 as described above, said point distant thereon S 47020129" W 12.54 feet from Pt. "A" as defined in said Parcel 2; Thence S 50'56152" W 246.96 feet; Thence S 21"49136" W 170.76 feet; Thence S 66 ° 48' 41" W 184.61 feet to the northerly line of Canal Street as shown on that certain map entitled, "Map of East San Rafael," recorded in Book 2 of Maps at page 109, Marin County records; Thence along said northerly line S 68°10124" E (map bearing S 69°321E) 46.02 feet; Thence leaving said northerly line N 63°54128" E 119.59 feet; Thence along a tangent curve to the left of radius 75 feet through a central angle of 42"04152" for an arc distance of 55.08 feet; Thence N 21"49136" E 158.41 feet; Thence N 50'56152" E 160.42 feet; Thence N 85009'09" E 105.07 feet to the southerly line of said Parcel 2; Thence northwesterly along said southerly line of Parcel 2 along a curve to the left of radius 1330.00 feet, whose center bears S 49"15130" W, through a central angle of 3011147" for an arc - distance of 74.20 feet to the point of beginn f:\ud\4\des\6-4-93.890 11� 14,a �9�2 \� 1 `' 2&0r PARCEL 1 s2wg,° 3ew ^e/ a - 00.rer R - I=OC' L - 11.1T / OF 5'9 I••3`i��o. RgFq �,�, I 1 4�0 ` SqN RgFgFC C Sy 1 I I �aada /,/ 4 -'o Ry' % ��s� 01? He 3e� I 43 C(/T\O s�OA 532'33'22•W (R) FF V 4O 1 12.50' 4.22' 12.50' D � 13'33'05' C1 R l OZ$ 1"(" 664AE` - 317.52' 04 W C, N EAs� 2 RM p9 AE` rn 54720_211 3 c sw CSW/STUBER—STROEH [St]2 ENGINEERING GROUP, INC. CONSULTING ENGINEERS 790 DeLong Ave., Novato, CA. 94945 Pt. "A" 9 - U3Uo'OS' 1342.5' • 73.82' May, 1992I FILE NO. SCALE: 1' - 60' 4.890.01 PIPELINE EASEMENT OVER LANDS OF CITY OF SAN RAFAEL SHEET 1 OF 2 SHEETS r Q O Z Ld w cr0 V) SEE SHEE. � Pt. "A" 1L CO 0 N U I/ A -42"04'52' R _ 75.00' L - 55.08' // I S681 0'24E 51 2 0 -A 03MO'03' R 1342.50' L 73.82' A 0311'47' R 1330.00' L = 74.20' J w Q LL f Q o Q 0: (n N 1"- V) Q w / CANAL STREET �o w] Z J �I Q' m ui � I Y May, 1992 FILE NO. c sw SCALE: 1' n 80' 4.890.01 CSW/STUBER-STROEH [St]2 PIPELINE EASEMENT ENGINEERING GROUP, INC. OVER LANDS O CONSULTING ENGINEERS CITY OF SAN RAFAEL 790 DeLong Ave., Novato, CA. 94945 SHEET 2 OF 2 SHEETS SAN RAFAEL SANITATION DISTRICT RESOLUTION NO. 93-734 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN RAFAEL SANITATION DISTRICT AUTHORIZING EXECUTION OF RIGHT OF WAY CONTRACT AND ACCEPTANCE OF GRANT OF EASEMENT FROM THE CITY OF SAN RAFAEL FOR SEWAGE FORCE MAIN FACILITIES IN PICKLEWEED PARK WHEREAS, some time ago, the San Rafael Sanitation District approved a long-range master plan to upgrade the District's sewage transportation facilities; and WHEREAS, one component of that plan was to construct new pipelines under the San Rafael Canal to replace an old, deteriorating line; and WHEREAS, the plan also called for constructing modifications to a number of pump stations that serve the San Pedro Peninsula and for new pipelines under the San Rafael Canal to connect to existing District facilities at Kerner Boulevard and Canal Street; and WHEREAS, the only available access from the San Pedro Peninsula to District facilities across the San Rafael Canal is through the City's Pickleweed Park; and WHEREAS, the Sanitation District has prepared the necessary easement acquisition documents including a Right of Way Contract and Grant of Easement; and WHEREAS, in consideration of City conveying to District the necessary easement rights, District will pay to City the sum of $136,560. NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of Directors of the San Rafael Sanitation District that the Chairman and Secretary are authorized to execute, on behalf of the San Rafael Sanitation District, a Right of Way contract for acquisition of easement rights through Pickleweed Park for District's sewage force main facilities. BE IT FURTHER RESOLVED by said Board of Directors, that that certain grant of easement for the maintenance, repair, reconstruction, and renewal of the public sanitary sewer lines, executed by the City 'of San Rafael to the San Rafael Sanitation District, be, and the same is hereby, accepted and the District Administrator 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. COPT PASSED AND ADOPTED by the Board of Directors of the San Rafael Sanitation District at a regular meeting on the 19th day of MaY , 1993, by the following vote: AYES: Director Cohen, Director Roumiguiere, Chairman Boro NOES: None ABSENVABSTAIN: None 09 Zert?.Bfr, Sarman ATTEST: R.. A.oumlyulere, �retary /ch Portion of Property APN 9-032-06,07,08 Right of Way Contract (San Rafael Sanitation District -- San Pedro Force Main Project) This Contract is Made and Entered Into by and between the San Rafael Sanitation District of the County of Marin, a Special District, hereinafter referred to as "DISTRICT", and the City of San Rafael, a Municipal Corporation hereinafter referred to as 11C�11 Witnesseth: Recitals A. CITY is the owner of that certain real property situate in the City of San Rafael, County of Marin, State of California and commonly referred to as Assessor Parcel No. 009-032- 06,07,08 as more particularly described in the Preliminary Title Report No. 162164, dated October 29, 1992, and prepared by First American Title Company of Marin, a copy of which is attached hereto as Exhibit "A". B. DISTRICT desires to acquire a permanent easement for pipeline purposes, as described in Exhibit "B", over a portion of CITY'S property together with a temporary construction easement as shown on Exhibit "C", all of the above of which are attached hereto and made a part hereof. C. CITY is willing to grant to DISTRICT all of the property rights described herein. Subject to approval by the DISTRICT Board of Directors and the securing of any environmental approvals and clearance and permits relating to the public project, DISTRICT agrees to purchase said property rights upon the terms and conditions set forth hereinbelow. Now, Therefore, It Is Mutually Understood and Agreed as follows: 1. CITY shall convey the property rights described herein by depositing in an escrow designated by DISTRICT an Easement Deed in the form attached hereto as Exhibit "D" and suitable for recordation under the following terms and conditions: a) DISTRICT shall pay the sum of One Hundred Thirty Six Thousand, Five Hundred Sixty and No/100 Dollars ($136,560) payable contemporaneously with delivery of the document set forth in Paragraph 1 as consideration for the property rights granted. b) DISTRICT shall not record the temporary construction easement. C) The permanent easement shall be conveyed to DISTRICT free and clear of all liens and encumbrances, taxes and assessments, penalties and costs, leases and licenses (recorded or unrecorded), easements, rights-of-way, bonds and any and all restrictions of record other than such title exceptions which may be acceptable to DISTRICT. d) DISTRICT shall pay all escrow and recording fees incurred in this transaction including the cost of title insurance, if desired by DISTRICT. Evidence of title shall be a standard policy of title insurance issued by the title company which acts as escrow. Taxes shall be segregated and prorated, if required, as of the date of closing. e) DISTRICT and CITY may mutually agree to close this transaction without benefit of an escrow. In that event, the Easement Deed will be delivered by CITY to DISTRICT and the transaction shall be concluded as mutually acceptable to the parties hereto. 2. If this property is secured by a mortgage or deed of trust, CITY is responsible for payment of any demand under authority of said mortgage or deed of trust out of CITY'S proceeds. Such amounts may include, but not be limited to, payments against principal, processing costs or fees, if any. Any demand in excess of the maximum amount set forth in Paragraph I shall be the responsibility of CITY to resolve with the mortgage or deed of trust holder. Any demand made by tenants and/or lessees for payments shall be the responsibility of the CITY from the amount set forth in Paragraph 1 a). 3. CITY agrees for the considerations herein to provide a temporary construction easement to DISTRICT (as shown on Exhibit C) and to permit and allow DISTRICT, its agents and/or contractors to enter upon CITY'S property on a temporary basis. Said temporary construction easement shall be for the construction of the project and storage of materials and equipment incidental thereto. This temporary construction easement becomes valid and shall begin at such time as work for and related to this project begins on the CITY'S property and will expire nine (9) months therefrom. This temporary construction easement is binding on successors and assigns of the parties hereto. 4. Any notice or demand which either the CITY or DISTRICT desire to serve upon the other may be served either personally or by depositing the notice or demand in the United States Post Office, postage prepaid, addressed as follows: OWNER: City of San Rafael c/o City Attorney P. O. Box 151560 San Rafael, CA 94903 DISTRICT San Rafael Sanitation District c/o David M. Bernardi District Administrator 1313 Fifth Avenue San Rafael, CA 94915-1560 5. Real Estate commissions shall not be paid by DISTRICT or CITY under this contract. 6. CITY represents and warrants that: a) To the best of CITY'S knowledge, the CITY'S property as described in Exhibit A, is not and has not been a site for use, storage, generation of disposal of any substances which are "hazardous substances", "hazardous wastes", "hazardous materials", or "toxic substances" under any Federal, State or local environmental laws, ordinances, or regulations (collectively "Hazardous Materials"). b) To the best of CITY'S knowledge, there are no tanks on present or former waste disposal sites of any kind on or under the property described in Exhibit A. C) No lease of the property described in Exhibit A or any portion thereof for any purpose exists. d) CITY has obtained any consent required for execution of this contract and carrying out the actions called for herein. 7. The parties have set forth the whole of their agreement herein. The performance of this contract constitutes the entire consideration for the conveyance to DISTRICT of said interests in real property and shall relieve DISTRICT of all further obligations or claims on this account or on account of the location, grade or construction of the proposed public improvement. Approved and Accepted CITY OF SAN RAFAEL a Municipal Co or tion By:, Title: MoY c, 1Q,1 Date: MAY k R 1 4 g Cl L� By: 2 � 0. D ? u -r-% l Title: G I T Y G t—S GRV. Date: A-1 3 SAN RAFAEL SANITATION DISTRICT of the County of Marin a Special District By:�►.�v--- Title: C-- R Nt Ab•. N Date: M A y *R 4 at g 3 By.Q69--s' Qo� Title: cGWC.PS r4 -R*( Date: May vq. 14 q, a Form No. 1068 (11/83) 5 t !11 E R/ C CLTA Preliminary Report (Rev. 11/18/82) - q First American Title Company of Marin ❑ 10 SOUTH KNOLL ROAD P.O. BOX 611 MILL VALLEY, CA 94942 (415) 383-3343 ❑ 350 BON AIR CENTER SUITE 200 GREENBRAE, CA 94904 (415) 461-7570 ❑ 1701 NOVATO BOULEVARD • SUITE 304 NOVATO, CA 94947 (415) 898-1665 01600 FIFTH AVENUE P.O. BOX 151289 SAN RAFAEL, CA 94901 (415) 454-2312 FOR ESCROW INQUIRIES REPLY TO: Tay Kern, Escrow Officer Your No. Our Order No. 162164 TK SUPPLEMENTAL In response to the above referenced application fora policy of title insurance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafterset forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or ref erred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assued prior to the issuance of a policy of title insur- ance, a Binder or Commitment should be requested. n Dated as of October 29 .19 92 , at 7:30 a.m. �j . ^ • �' hal^'�� Title Officer The form of policy of title insurance contemplated by this report is: TO BE DETERMINED Title to said estate or interest at the date hereof is vested in: THE CITY OF SAN RAFAEL, a municipal corporation The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1g _�� . g11 A Affiliated with First American Title Insurance Company 162164 Supplemental Continued page 2 SUBJECT TO: NOTE: The herein described property is considered non-taxable in its present vesting. 1. RIGHT OF WAY: Right of Way for a line of towers, wires and rights incidental thereto, as conveyed by Dundon Company, a California corporation, to the Pacific Gas and Electric Company, a California corporation, its successors and assigns, by instrument recorded January 17, 1913 in Book 148 of Deeds at Page 370, Marin County Records Said instrument also includes the right to trim trees and brush along the route thereof. The location of said right of way route is not described therein. 2. CONDITIONS: Covenants, Conditions, Restrictions and Reversionary Provisions as contained in the instrument referred to under exception one above. 3. Rights and easements of lot owners in the tract over Beale Street and East Railroad Avenue. (Affects Parcels Two and Three.) 4. EASEMENT: Easement for street and highway purposes, 20 feet in width lying Northeasterly of and contiguous to the Southwesterly lines of Parcels One and Two herein described, as conveyed by Marin Marina, Inc., a corporation, by instrument recorded January 21, 1957 in Book 1087 of Official Records at Page 393, Marin County Records. 5. EASEMENT: Easement for the construction and maintenance of a levee, breakwater, bulkhead and/or walls of rock or other materials to protect the streets and ways from overflow of waters as conveyed to the City of San Rafael, a municipal corporation, by instrument recorded January 21, 1957 in Book 1087 of Official Records at Page 431, Marin County Records. 6. Terns and Provisions as contained in Joint Powers Agreement executed by and between the City of San Rafael, a municipal corporation, and the San Rafael Redevelopment Agency, a redevelopment agency organized and existing under the laws of the State of California, recorded January 31, 1978 in Book 3225 of Official Records at Page 418, Marin County Records. 7. Terms and Conditions as contained in Permit No. M85-21 executed by San Francisco Bay Conservation and Development Commission to the City of San Rafael to reconstruct existing bay front levee, recorded November 5, 1985, as Recorder's Serial No. 85-048942, Marin County Records. 8. MAP OF RECORD OF SURVEY: Resurvey of the San Rafael Canal as shown upon Map No. 2 of the Salt Marsh and Tidelands as originally surveyed under the directions of G.F. Allard t in 1870, was filed for record on May 14, 1974 in Book 12 of Record Surveys at Page 25, Marin County Records. 9. MAP OF RECORD OF SURVEY: United States Corps of Engingeers Dredging Line, EasXmenteLinesnwasofiled Construction Lines ontMa cha12,Ra1979 innBookand 15 of Record 162164 Supplemental Continued page 3 Surveys at Page 61, Marin County Records. 10. MAP OF RECORD OF SURVEY: Mean High Water Line and San Rafael Canal Parcels described in Book 225 of Deeds at Page 431, and was filed for record on March 12, 1979 in Book 15 of Record Survey at Page 62, Marin County Records. CHAIN OF TITLE: Title of the Vestees herein was acquired six months or more preceding the date hereof. DESCRIPTION All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: PARCEL ONE: LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 in Block 19, as shown on the map entitled, "Map of East San Rafael, Marin Co., Cal., 1907," filed for record_ January 21, 1908 in Map Book 2 at Page 109, Marin County Records. EXCEPTING from said Lot 11, that portion thereof described in the Deed from the Dundon Company, a corporation, to the City of San Rafael, municipal corporation, recorded March 3, 1920 in Book 211 of Deeds at Page 386, Marin County Records. PARCEL TWO: BEALE STREET, as shown on the map entitled, "Map of East San Rafael, Marin Co., Cal., 1907," filed January 21, 1908 in Map Book 2 at Page 109, Marin County Records. PARCEL THREE: All that certain portion of East Railroad Avenue, as shown upon the map entitled, "Map of East San Rafael, Marin Co., Cal." filed January 21, 1908 in Book 2 of Maps at Page 109, bounded on the Northeast by the Southwesterly line of Lot 11, as shown upon said map and on the Southwest by the Northwesterly prolongation of the Southwesterly line of Lot 1, as shown upon said map. EXCEPTING any portion of the above described property along the shore of San Francisco Bay below the line of natural ordinary high tide, and also excepting any artificial accretions to said land waterward of said line of natural ordinary high tide. ALSO EXCEPTING therefrom any portion of the above described property within San Rafael Canal and within the natural bed of San Rafael Creek below the line of ordinary high tide. COMPARED ,J,. P -c 02 Tax Rate Area 8-006 8-000 8-023 THIS MAP MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED HEREON. YOU SHOULD NOT RELY � UPON IT FOR ANY PURPOSE OTHER THAN ORIENT v ATIONTOTHEGENERALLOCATIONOFTHEPAI;CELOR L PARCELS DEPICTED. FIRST AMERICAN EXPnESSLY u, DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR -�' DAMAGE WHICH MAY RESULT PROM RELIANCE UPON �, THIS MAP. rFirst American Title Company gfMarin 03 4.2 94c, °� i5►�,kP !I t ... • 11.2! 032! 12.09 Ac DREDGED C4) 9-03 ZOO . CNANNE L — — 1957 _ .• (HIS MAPWAY OR MAY NOT BEA SURVEY OF THE HEREON. YOU G'r OULD RICrIT FiE. LN' Y 1'11i�i�C?:" r)��icn Ef:�t�� 4'r=:..:i' ' .-?�:V. �:. � . `_.' �• 4'r•�,:.. Lf •'.jri t ;'Tit �iC' GI -NY LIABILITY FOR ALLEGED L OQL,R DA`M'Ai2*! 0v! -•!GH 104Y RESULT FROM PELIANGE UPON `rs` Jisoj:'c •_ I;o.l .'ea. THIS i�l A;•':... N r I I � 41 h 5 0; (~ ��� I I First Ameruan Title Company " N I of Mann �� V . pB, I i s 7.9E'w i I O I goo. U 4 W I V i � ! '1 I! 71>CK d.72 2 I i Ilk I ?I IIA 1 I 1 I`"' I i CITY OF SAN IRAFAEL N � :t: ' W: 14 Assessor's Map Bk. '-9 - Pg.''03 tut `I to�c�! EtBs':r s.�n e.,/.JFi EANAL� - _ .�}�.�����w 4.j County o f `� NOTE ; .'assessor's Block Numbers. S. S d in Ellipses. , ;I Morin"". Calif: If. �!'! ' i►,; of -Aim rs 11Dwn in Circles. EXHIBIT B Legal description of the permanent property rights to be acquired. To be incorporated with this contract when received. • � i'1= � �•:r`;•:. iii •'' 'r t',Y� iJ..::[:;. �:i �' � r -�• :, �}�. `J. �7t.-: ,Jr+li' J.�y:IT.�,.s .._. . �r.+f .. 1 r ' .. el - tet` J. �•' '8 r :� �' ` �{• �rTt,... i'l F k: LIN E-CA� �� 'r" �i n� ' �• Y•�. r :• 'xy � ,,, PAEIdEL 009-0:i 2i713 - i— f �,, :.rig- t• i♦- � - .- y •-•��u .-) ', r �j j� y is •- r �?.'.t� �:T�i..' � t'r r'� - �' 't: tr•:': � . •j • r •' - /Y7yt_ ')t,'i.�i-.F�i.�t: . Llr..,�o.i _, . (1250 PAZ v r '�� - �' tet„ • }' Y / 7 �' ' 1 +�^' �',`•- 1 J`. L4+ hI. • v�Y•�ri,{�'i'J • _1 a'1. :J. '` - ^,_ n O • ��, x:: -.it_ -Vy �___a...�7TT '.�` ti"y, ;tr J . < . v j. -_ )' '•'try �- )j,'lr• r ,�` r•��,�,}fr.f .Yrr^ 1 ta: y.. ;`ftf'i�•r•�-�.t)` Ail � r. :Y r..F'�, a1 N n. _' t' '�••i�=f' , "�':�Al•;j�•r,_,, r�:wi' �S� �. _ TTT�� �. t• �[ 1 f� `ti r } is J• . : t� ..:1� i! 1 ti7!.. T.. I' �' ( , �';+ .[' f err , jJ M - y' _ •ir _ rt ��>• i.'.." SRI :..'. y _I '�� �,_J v: .VrJ t .-1.a� �;. ._ ,}oi �t�•{n '. 5,:,^ 2. . � .�;. /y/ i• f•�'r�r1,/%yS�•ri�. �! ♦yµ-'fti�ii � / (-�•.�.1h' L_ii :. �r ,'� �''�•• .il�/' } tet';•/', ,V /i'•-:r3��."/t'.�u••'t �i..•L L 0:)!j _'f,, < ., i`•-) jV y JkW S ,:. •- ,. ..,.,'• 7.,, : r r. � , • t. �r 'f•-r.� `'•L`:i� ....:Y1S; s. '1! '� M. I .L� •�_ +ice r�..,,n^t..� t" K !'✓ _, .._. l,? °P^ti ,� y j f �;� L •�f yQ 'K :•.`+, ; [ -jF7V( �1ln.R:,ri1-1 h R � .q �,•�,r�'�R. '` N �.4•• ' •..�_!te',�`: "� ',+. - 1Tr iT_—' •,a•• �.•' t, ... J•_ii-- MEDE •itr �� '�� r � _ R',T ��:.w �-(llt�• ri�'F�sl: ' �•• �. nR .41 'gr I t .ter "'1:' r T. "'i.. a �: � .�:. Mir ••'rr: r a.. SASE Nf— . .y. `r. `�\w� ~�'"�;(R.•-•`rm;�• � r• • ~ i'I7 • � � �� ,� [j 1�7�•+sr� �_ r :. C I. r_1_lNf, E A,SEMENf 3 , ,, 1 �9 032 — Of, , Recording Requested By: San Rafael Sanitation District And When Recorded Mail To: San Rafael Sanitation District P. O. Box 151560 San Rafael, California 94915-1560 Attn: David M. Bernardi District Administrator APN: 9-032-06,07,08 Space Above This Line Recorder's Use GRANT OF EASEMENT The CI'T'Y OF SAN RAFAEL, a Municipal Corporation, hereinafter called the Grantor, hereby GRANT(S) to SAN RAFAEL SANITATION DISTRICT, a Special District of the County of Marin, State of California, hereinafter called the Grantee, for good and valuable consideration, an exclusive subsurface easement and non-exclusive surface easement for the right to lay down, construct, alter, operate, maintain and repair such sewer line or lines and appurtenances thereto in such sizes and configurations as the Grantee deems necessary over all that real property situate in the County of Marin, State of California, described as follows: DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF The easement(s) granted herein includes incidental rights of maintenance, repair and replacement of said sewer lines and appurtenances together with the free right of ingress and egress over and across the remaining portion of Grantor's property, insofar as such right of ingress and egress is necessary to the proper use of the rights granted herein. The Grantor and the Grantor's heirs, successors or assigns shall not allow anything which may interfere with the full enjoyment by the Grantee of the rights herein granted. The Grantor reserves the right to landscape or make such other use of the lands included within the surface easement which is consistent with Grantee's use; however, such use by Grantor shall not include the planting of trees or construction of permanent structures, including but not limited to houses, garages, outbuildings, swimming pools, tennis courts, retaining walls, decks, patios or other architectural concrete structures within the easement(s). The Grantee agrees upon completion of any of its works herein to restore as near as possible the surface of the ground to the condition in which it was prior to the commencement of said work. This instrument shall bind and inure to the benefit of the successors and assigns of the parties hereto. In witness whereof, the Grantor has executed this instrument this day of , 1993. City of San Rafael a Municipal Corporation By: Title By: Title EXHIBIT D