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HomeMy WebLinkAboutCC Resolution 8855 (Mariposa Road Assessment District Easement)RESOLUTION NO. 8855 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING GRANT OF RIGHT OF WAY EASEMENT FROM THE CALIFORNIA CENTER FOR WILDLIFE - MARIPOSA ROAD ASSESSMENT DISTRICT 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 right of way from the California Center for Wildlife for the maintenance, repair, reconstruction and renewal of the public improvements, and for on behalf of the City of San Rafael and the easement described therein, all as more particularly described and set forth in the attachment hereto and incorporated herein by reference, and shall be duly recorded in the Office of the County Recorder of the County of Marin, State of California at close of escrow. 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: Bre finer jl�M. LEONC NI, City Clerk ORIGINAL �QXS_, RECORDING REQUESTED BY 9;3-0409971' Check CITY OF SAN RAFAEL I Recorded I Official Records I I AND WHEN RECORDED MAIL TO County ofMARIN I CITY OF SAN RAFAEL JAMES DAL BON IRecorder I P. O. Box 151560 8 : OOam 25—May-93 I PCTC San Rafael, California 94915-1560 ATTN: Tom Orovich k�— ( T,, � SPACE ABOVE THIS LINE FOR RECORDER'S URF r 3 5� ` �GRANT OF EASEMENT THIS INDENTURE, made by and between MM THE CALIFORNIA CENTER FOR WILDLIFE, a non—profit corporation hereinafter called the Grantor, and THE CITY OF SAN RAFAEL, a municipal corporation organized and existing under the laws of the State of California, hereinafter called the Grantee, WITNESSETH: THAT the Grantor, for a good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, hereby grants to the Grantee and to its successors and assigns a perpetual easement and right of way for the purpose of constructing a new roadway including concrete sidewalk, curb and gutter, asphaltic concrete pavement and aggregate base, storm drain line and catch basins, relocation of joint power pole, and other appurtenances for use in connection therewith or appurtenant thereto, in, under, along and across that certain real property described in Exhibit "A" attached hereto and made a part hereof. TOGETHER with the right of ingress to and egress from said right of way and the right at all times to enter in, over and upon said right of way and every part thereof and also to use said right of way for all proposes connected with roadway proposes. The Grantor and the Grantor's heirs, successors or assigns shall not place or permit to be placed on said right of way any building or structure, nor do nor allow to be done anything which may interfere with the full enjoyment by the Grantee of the rights herein granted. TO HAVE AND TO HOLD, all and singular, the rights above described unto the Grantee and the Grantee's successors and assigns forever. IN WITNESSREOF, the Grantor has executed this indenture this 4/ day of F;\WD\7\DAT\3-30-93.775 .00 5 EXHIBIT "A" Beginning at the most southeasterly corner of that certain parcel of land described in the deed recorded May 5, 1983, in Series No. 91-14827, Marin County records; Thence northerly along the easterly line of said lot, North 7000'0011, East 6.08 feet to the beginning of a curve to the left; Thence along the arc of a curve concave to the south whose center bears South 62003107" West, having a radius of 30.50 feet through a central angle of 120"28159" an arc distance of 64.14 feet to the southerly line of said parcel of land; Thence along the said southerly line South 81°36'00", East 52.75 feet to the point of beginning Said parcel contains 737.74 EI\W\7\DES\7-It-97.775 less. M A N R A F A E L C R E E K,3�, E s� PARCEL 6 G 4 m� W k /00 w ,lj'_ c February 1993 FILE NO. 777502 q Scales 1'=40' [S]2CSW/STUBER--STROEH � �� �iD�SiAGt t ENGINEERING GROUP, INC. RIGHT—OF—WAY CONSULTING ENGINEERS DIAGRAM 790 DeLong Ave.. Novato. CA, 94945 SAN RAFAEL MARIN COUNTY CALY[IRN SHEET 1 OF 1 SHEET SL ate of C �i.l'.{. Lorn.i a ss County of On,/ C'�� G%� before me, a Notary P bli6 in an ffor said State, personally/appeared pa-r-so,,mlly l- /proved to me on the basis of satisfactory evidence to be the person_ whose name_ i`/are subscribed to the within.in trument and acknowledged to me that—_5 he executed the same i n--'IUk authorized capacity(ies), and that by signature on the instrument the person_, or the entity upon behalf of which the person_ acted, executed the instrument. WITNESS,m'y hand and official seal OFFICIAL SEAL 957954 Z TERRY FRASER n CALIFORNIA Notary Pt1b11C rw CF dARIN t` �1+ f tdy C nr `' c•p. Feb. 23. 1996