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Home My WebLink AboutCC Resolution 8854 (Mariposa Road Assessment District Easement)follows: RESOLUTION NO. 8854 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGN- ING OF A PURCHASE AGREEMENT WITH THE CALIFORNIA ,tri' a'j�,rt FOR WILDLIFE FOR PURCHASE OF RIGHT OF WAY EASEMENT - MARIPOSA ROAD ASSESSMENT DISTRICT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as The Director of Public Works is hereby authorized to execute, on behalf of the City of San Rafael, a purchase agreement for right of way easement with the CALIFORNIA CENTER FOR WILDLIFE, a copy of which is hereby attached and by this reference made a part hereof. 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 5th day of April, 1993, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEM 3ERS: None ABSENT: COUNCILMEMBERS: Breiner JE M. LEONCINI, City Clerk ORIGINAL 'W'254 /t -K / �✓J 3 a-93 4 �10 Grantor. California Center for Wildlife Project: Marinosa Road Assessment District APN: 13-061-54 CITY OF SAN R.AFAEL PURCHASE AGREEMENT In consideration of the terms and conditions set forth in this PURCHASE AGREEMENT (the "Agreement") GRANTOR shall deposit in an escrow designated by the City of San Rafael (the "CITY"), an easement deed (the "Easement Deed") suitable for recordation and conveying from GRANTOR to CITY, an easement for roadway purposes as described in Exhibit A incorporated herein by this reference. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for the Easement Deed and shall relieve the CITY of all further obligations or claims on this account or on account of the location, grade, construction or operation of the proposed public improvement. 2. The CITY shall: A. Pay all escrow, recording and title insurance charges, if any, incurred in this transaction. B. Pay the sum of $6,000.00 for the property rights described in Exhibit A to the following title company: Pacific Coast Title Company of Marin for the account of the GRANTOR, Escrow No. 95665 -RV, conditioned upon the property vesting in the CITY free and clear of all liens,leases,encumbrances, easements (recorded and/or unrecorded), assessments and taxes except: (1) Typewritten exceptions which are acceptable to CITY as listed in the title report relating to the subject property issued by the above identified Title Company bearing the escrow number shown in paragraph 2B and dated October 21, 1992 and updates thereof. (2) The purchase price set forth in Paragraph 2B, herein includes payment in full for the following improvements: (a) No improvements acquired. C. Have the authority to deduct and pay from the amount shown in Clause 2B above any amount necessary to satisfy any liens, bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid nondelinquent assessments, which may have become a lien at the close of escrow. Current taxes, if unpaid, shall be prorated as of the close of escrow and paid from the amount shown in paragraph 2B above. Close of escrow for this transaction shall be contingent upon the tittle company obtaining subordination agreements from any deed of trust or mortgage holder trustees and beneficiaries. Page 1 COPY 3 . If this property is secured by a mortgage or deed of trust, GRANTOR is responsible for payment of any demand under authority of said mortgage or deed of trust out of GRANTOR'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 amount set forth in Clause 2B shall be the responsibility of GRANTOR to resolve with the mortgage or deed of trust holder. 4. CITY, at its sole cost and expense, will conform driveways to the new Mariposa Road boundary � &2 [ I ; a t z o A.X&- U4�e, a. /0 'X o ' 4ja� , #"A4, Ts ' G .`r rl lc./fiss!Gus�z¢�+ � cw•u�. I c� �t�c. Permission is hereby granted by GRANTOR to the CITY or its authorized agent to enter a' d upon GRANTOR'S property, where necessary to perform the construction contract work described in Paragraph 4 herein.G,L I (we) understand and agree that after completion of any construction contract work whcih 1A is located on my/our property as described herein, said improvements shall be considered as my/our sole property and Uwe will be responsible for its/their maintenance and repair. 5. GRANTOR understands that this Agreement is subject to the approval of the City Council of the City of San Rafael. Further, that this Agreement shall have no force or effect unless and until said Council approval has been obtained. 6. GRANTOR hereby authorizes CITY to prepare and file escrow instructions in accordance with this Agreement on behalf of both parties. 7. GRANTOR warrants that there are no oral or written leases on all or any portion of the property being acquired exceeding a period of one month and GRANTOR further agrees to hold CITY harmless and reimburse the CITY for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of GRANTOR for a period exceeding one month. 8. GRANTOR represents and warrants that during the period of GRANTOR'S ownership of the property, there have been no disposals, releases or threatened releases, hazardous substances or wastes on, from, or under the property. GRANTOR further represents and warrants that GRANTOR has no knowledge of wastes, on, from or under the property which may have occurred prior to GRANTOR taking title to the property. (As used above, the term, "GRANTOR' shall include the plural as well as the singular number). IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. GRANTOR: (Please sign and print name as well as tide, ifapplicable.) C-azx/_ " t 4&4 -ire CITY F SAN RAVEL: I: Date: Date: 41 6/ ,P3 Title•& .�G�c PO OBLIGAJION O I'HER THAN SET FORTH HEREIN WILL BE RECOGNIZED Page 2 ISAN RAFAE"L CREEK,3�,� 5 �l �- 034*1 ■ ,) �. PARCEL 6 737.74 S.F. U Ar 10� O U February 1993 FILE NO. 777502 Cl.q 11 Scales 1'=40' CSW/STUBER-STROEH MAW= ROAD � DOWSt 2 ENGINEERING GROUP, INC. RIGHT-OF-WAY CONSULTING ENGINEERS DIAGRAM ' 790 DeLong Ave.. Novato. CA. 94945 SAN RAFAEL MARIN COUNTY CALIFORNIA SHEET 1 OF 1 SHEETS La I J I