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