HomeMy WebLinkAboutCC Resolution 8382 (Loch Lomond Marina Easement)RESOLUTION NO. 8382
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL ACCEPTING GRANT OF PUBLIC ACCESS
EASEMENT - LOCH LOMOND MARINA/SAN PEDRO COVE
UNIT 2
WHEREAS, public interest, convenience and welfare require that the
easement hereinafter mentioned be accepted and used for the benefit of the public
of the City of San Rafael, California.
NOW, THEREFORE IT IS HEREBY RESOLVED by the City Council of
the City of San Rafael, California, that that certain grant of easement for public
access, executed by Loch Lomond Marina, Inc. to the City of San Rafael, dated
February 1, 1991, attached hereto and incorporated herein by reference, be and
the same is hereby accepted and the Clerk of said City 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.
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 6th day of May,
1991, by the following vote, to wit:
AYES: COUNCILMEM 3ERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
J M. LEONCI I. City Clerk
OoRIUINAI 1198-981V
Recording Requested By:
City of San Rafael
When Recorded, Mail To:
City Clerk
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
ACCESS EASEMENT AGREEMENT
THIS AGREEMENT is made this 2$'74 day of _1P0c. ,
19 9ki , by and between LOCH LOMOND MARINA, INC., hereinafter
referred to as "Grantor", and the CITY OF SAN RAFAEL, hereinafter
referred to as "Grantee".
WHEREAS, Grantor is the Owner of certain real property in
the City of San Rafael, Marin County, California, commonly known as
"Marin County Assessor Parcel No. 16-070-02", hereinafter referred to
as the "Servient Tenement" and described in EXHIBIT A; and
WHEREAS, the City of San Rafael conditionally approved
Tentative Subdivision Map TS87-1 and Use Permit UP88-54 for San Pedro
Cove Unit #21 a 29 unit, single-family, residential development; and
WHEREAS, these development approvals required*in UP88-54
condition (e)-4) and TS87-a condition (e) (4) the applicants to
provide a ten foot (101) vehicle maintenance path along the top of
the eastern channel bank on Lot 58F to enable maintenance by the City
of the adjacent drainage channel;
WHEREAS, access from the public street to this maintenance
path on Lot 58F is over the property of Grantor; and
WHEREAS, Grantor has entered into an agreement with the
Charles M. Paganini Trust to grant an easement for access to this
maintenance path to the City of San Rafael and access to this
maintenance path over the Servient Tenement shall benefit the Grantee
and the Grantor.
NOW THEREFORE, it is agreed as follows:
-1-
GRANT OF EASEMENT
1. Grant of Easement. Grantor hereby grants to Grantee
an appurtenant easement as hereinafter described.
2. Description and Location of Easement. The easement
granted herein is a 10 -foot wide access easement over the northwest
corner of the Servient Tenement as shown on the Tentative Map for San
Pedro Cove Unit 2 and located specifically as described in EXHIBIT B.
3. Use of Dominant Tenement. The easement granted herein
includes use of the Servient Tenement by the Grantee for access to
maintain the adjacent drainage channel and for installation and
maintenance of a gravel maintenance road which includes incidental
rights of maintenance, repair, and replacement of same by the
Grantee.
4. Entire Aqreement. This instrument contains the entire
agreement between the parties relating to the rights herein granted
and the obligations herein assumed. Any oral representations or
modifications concerning this instrument shall be of no force and
effect excepting a subsequent modification in writing, signed by the
party to be charged.
5. Attornevs Fees. In the event or any controversy,
claim, or dispute relating to this instrument or the breach thereof,
the prevailing party shall be entitled to recover from the losing
party reasonable expenses, attorney's fees, and costs.
6. Bindinq Effect. This instrument shall bind and inure
to the benefit of the respective heirs, personal representatives,
successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument the day and year first written above.
Executed this
at CfioJX,44 Ir�
GRANTOR:
LOCH LOMOND MARINA, INC.
BST:A40,
1
/57- day of 19 g/
, California.
GRANTEE:
CITY OF SAN RAFAEL
ATTEST:
LEIONCINI, City Clerk
1 ,STATE OF CA7,�IF,{JRNIA `
COUNTY OF ����//��
On�� before me, the undersigned, a
Notary Public iJn andfor saaiid State, personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknow-
ledged to me that he/she/they executed same • x_ f - �j ..� .• .
WITNESS my hand and official seal. _. y
t Signature _�- �^�
STATE OF CALIFORNIA
ss.
COUNTY OF MARIN
On this 14th day of MAY 1991, before me. JEANNE M. LEONCINI. a
Notary Pudic in and for the said County and State, residing therein, duly
commissioned and sworn, personally appeared LAWRENCE E. MULRYAN ,
personally known to me (-cru-pr-avid-te-me -9R- the- ba3-i-s--o-f--art s+actory-
-e-04eeEe} to be the Mayor of the City of San Rafael that executed the within
document and acknowledged to me that said City of San Rafael did execute the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
1
JEANNE M. LEONCINI, NOT�IRY PUBLIC in and for
said County and State.
1400 5th A11e.1 ?.0. Cox ra. San i;a:av, C;1;4 C^
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MARIY< CCUNTY
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1400 5th A11e.1 ?.0. Cox ra. San i;a:av, C;1;4 C^
DESCRIPTION
a
ALL THAT CERTAIN real property situate in the City of San Rafael, County of Marin,
State of California, described below as follows:
PARCEL ONE:
TIDE LOTS 28, 29 and 30, in Section 36, Township 2, North Range 6 West M.D.B.&M.,
as shown on Tide Land Commissioner's Maps numbers 1, 2, and 3 of Salt Marsh and
Tide Land.
PARCEL TWO:
ALL OF TIDE LOT 21 in Section 36, Township 2, North Range 6 West M.D.B. and M.,
as shown on Tide Land Commissioner's Map Nos. 1, 2 and 3 of Salt Marsh and Tide
Land, excepting therefrom the portion embraced in that certain Map entitled, "Bayside
Acres", filed April 29, 1911 in Map Book 3, at page 71, Marin County Records; also
all that certain land lying between the North line of Tide Lot 21, Section 36, Township
2, North Range 6 West, M.D.B.&M. and the Southerly line of San Pedro Road and
bounded on the East by Lot 94, Map of "Bayside Acres", filed April 29, 1911 in Book
3 at page 71, Marin County Records, and bounded on the West by the lands of Robert
McCarthy.
PARCEL THREE:
BEGINNING at the point of intersection of the Southerly line of Point San Pedro Road,
with the Easterly boundary line of lands conveyed by Deed to Charles P. Eells, recorded
August 27, 1910 in Book 131 of Deeds at page 77, Marin County Records; running
thence Southerly along_ the Easterly boundary line of lands conveyed to Eells, to the
Southerly boundary line of Lot 26, Section 36, Township 2, North, Range 6 West, M.D.B.
& M.; running thence East along the South line of Lots 26 and 27, in said Section 36,
to the Southeast corner of said Lot 27; thence North to the South line of Point San
Pedro Road; thence Westerly along the Southerly line of said road, to the point of
beginning.
EXCEPTING THEREFROM AND THEREOUT;
BEGINNING at the Southeasterly corner of Parcel One, as described in the Deed from
Charles M. Paganini, et ux, to Charles M. Paganini, recorded December 31, 1942 in
Book 435 of Official Records at page 483, Marin County Records; running thence along
the Easterly line of said Parcel, North 160 26' West 979.9 feet to a stake driven in
the Southerly line of the County Road leading from San Rafael to Point San Pedro;
thence Southeasterly in a straight line to a point in the North line of Tide Lot No.
7, in Section 1, Township 1, North, Range 6 West, Mount Diablo Base and %leridian,
Distant on said last mentioned line 110 feet West from the Northeast corner of said
Tide Lot No. 7; running thence West along the North line of said Tide Lot No. 7, to
the point of beginning.
PARCEL FOUR:
THE EAST 110 feet of Tide Lot No. 7 in section No. 1, Township 1 North, l:ange 6
West, M.D.B.&M.; being a strip of land having a full width of '110 feet, the Cast Mile
thereof being the east line of said Tide Lot No. 7.
EXHIBIT "A"
)PARCEL FIVE:
ALL OF LOT 11, in Section No. 1, Township 1 North, Range 6 West, M.D.B. & M.,
as said lot is shown on that certain map entitled, "Map No. 2, Salt Marsh and Tide
Lands situate in the County of Marin, State of California", prepared by order of the
Board of Tide Land Commissioners, on file in the office of the Surveyor General of
the State of California, Sacramento, California.
PARCEL SIX:
BEGINNING at a point on the Southerly line of Beach Drive at the Northwesterly
corner of the lot conveyed by the McNear Company, a corporation, to M.M. Morris
and wife by Deed recorded May 3, 1935 in Book 294 of Official Records at page 438,
Marin Co0unty Records; running thence along the Northwesterly line of said parcel,
South 60 41' West 167.9 feet to the most WesterIX corner of the lot conveyed to
Morris, above referred to; running thence North 56 01' West 116.30 feet, more or
less, to the most Southeasterly corner of the lot conveyed by Roger Chevalier and
wife to Werner F. Chilton and wife by Deed recorded June 26, 1951 in Book 694 of
Official Records at page 230, Marin County Records; runnijig thence along the South-
easterly line of the last above mentioned parcel, North 60 41' East 169.42 feet to a
point in the Southerly line of Beach Drive; running thence along said Beach Drive,
South 560 01' East 116.30 feet, more or less, to the point of beginning, being a portion
of Lots 99, 100, 101, 102 and 103, as shown upon that certain map entitled, "Bayside
Acres", filed April 29, 1911 in Map Book 3 at page 71, Marin County Records.
PARCEL SEVEN:
TIDE
LOTS 4 and 13 in Section
1, Township 1,
North Range 6 West, M.D.B. do M., as
shown
on Map No. Two of Salt
Marsh and Tide
Lands, situate in the County of Marin,
State
of California, prepared
by order of the
Board of Tide Land Commissioners.
EXCEPTING THEREFROM the following described property:
BEGINNING at the Northeasterly corner of Lot 13, above mentioned, and running
thence South along the Easterly line of said Lot 13 for a distance of 25 feet; thence
West 25 feet; thence North parallel with and 25 feet Westerly from the Easterly lines
of Lots 4 and 13 to a point on the Northerly line of Lot 4; thence East 25 feet to
the Northeasterly corner of said Lot 4; thence South along the Easterly line of Lot 4
to the point of beginning.
PARCEL EIGHT:
BEGINNING on the shore of San Francisco Bay, distant 12.35 chains East of a Granite
Monument set at the Northwest corner of Section 1 in Township 1 North, Range 6
West, M.D.M.; thence according to the true meridian East 27.65 chains; thence South
18.52 chains to San Rafael Canal, and along„othe same North 62 1/2o West 29 65 chains;
thence along the shore lino North 73 1/2 East 1.52 chains, North 2 3/4 East East 2.0
chains; thence North 28 1/4 West 1.30 chains; thence North 61 1/4 West 2.60 chains
to the point of beginning.
BEING a tract of Tide Lands in San Francisco Bay designated as Lots No. 5, 6 and 7
in Section 1 of said Township.
EXCEPTING THEREFROM and thereout the following; described portion:
TIDE LAND Lot No. 7 in Section 1, Township 1 North, Range 6 West, M. D. B. do M.,
Marin County, State of California.
EXHIBIT "A"
PARCEL NINE:
AN EXCLUSIVE EASEMENT for ingress and egress over a strip of land described as
follows:
BEGINNING at a point on the Westerly line of Tide Lot 30, in Section 36, Township
2, North Range 6 West M.D.B.&M., as shown on Tide Land Commissioner's Maps Two
and Three of Salt Marsh and Tide Land, which point bears North 926.68 feet from thS
Southwest corner of said Tide Lot 30; thence from said point of beginning, North 35
30' East 250 feet to a point; thence at right angles Southeasterly for a distance of
25 feet to a point; thence South 350 30' West 282 feet, more or less, to a point on
the Westerly line of said Tide Lot 30; thence North along said Westerly line 40 feet,
more or less, to the point of beginning.
EXCEPTING FROM Parcel One above that portion described in that certain deed to
the Crowley Launch and Tugboat Co., recorded November 9, 1962 in Book 1629 of
Official Records at page 94, Marin County Records.
EXCEPTING FROM Parcels Four, Five, Seven and Eight above any portion lying within
the bed of the San Rafael Canal 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.
EXHIBIT "A"
------------
Description
All that certain property situated in the County of Marin,
State of California described as follows;
An easement for access over that portion of property
described as Parcel Three in the grant Deed from Robert
McCarthy and Margaret McCarthy and Robert I. McCarthy and
Elizabeth McCarthy to Loch Lomond Harbor Inc., recorded April
9, 1959 in Book 1303 of Official Records at page —J�S2 in the
Office of the Marin County Recorder thence; SS2.
Beginning at a point on the Southerly line of San Pedro Road
at the terminus of the course South 16026'00" East, 979.90
Feet thence;
1. Leaving said San Pedro Road, -South 23003'19" East, 75.00
Feet thence;
2. North 15000'00" East, 75.96 Feet thence;
3. North 29000'00" West, 19.96 Feet to the Southerly line of
said San Pedro Road thence;
4. Along said Southerly line South 60059"45" West, 45.00 Feet
to the Point of Beginning.
Bearings are based on Grid Zone III as derived from bearing
of the San Rafael Canal as delineated on 12 O.S. 25.
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