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Home My WebLink AboutCC Resolution 8539 (Gallinas Creek Easement)RESOLUTION NO. 8539 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING GRANT OF EASEMENTS FROM McINNIS PARKWAY FOR ACCESS TO GALLINAS CREEK WHEREAS, public interest, convenience and welfare require that the easements 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 easements for access to Gallinas Creek from McInnis Parkway, executed by MHV Joint Venture to the City of San Rafael, dated November 4, 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. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute said conveyance on behalf of said City. 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 4th day of November, 1991, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryai NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE . LEONCI , City Clerk ORIGINAL 4S3y Recording Requested by: MHV Joint Venture Daniel P. Robinowitz Woodmont Companies 8080 North Central Expressway, Suite 1390 Dallas, Texas 75206 When Recorded Mail to: MHV Joint Venture Daniel P. Robinowitz Woodmont Companies 8080 North Central Expressway, Suite 1390 Dallas, Texas 75206 Space above this line for Recorder's use Documentary Transfer Tax $ 0 BULLARD & BRIDGES A Professional Corporation / atf. Cecilia B. Bridges Attorney for Grantor GRANT OF EASEMENT FROM MCINNIS PARKWAY FOR ACCESS TO GALLINAS CREEK This Agreement is made this 4th day of November'1991 by and between MHV Joint Venture ("Grantor") and the City of San Rafael, a municipal corporation, ("Grantee"). RECITALS WHEREAS, Grantor is the owner of certain real property commonly known as Embassy Suites'Hotel, 100 McInnis Parkway, City of San Rafael, County of Marin, State of California, and described as Assessor's Parcel No. 180-410-07 in the County of Marin, California, described as follows: PARCEL 2, as shown upon "Parcel Map of Civic Center North being a resubdivision of Parcel 1 -Civic Center ' North -23 PM 52 -Lands of Gos Joint Venture", filed for record January 9, 1989 in Volume 24 of Parcel Maps, at Page 43, Marin County Records. WHEREAS, Grantee has required as a part of the approval of San Rafael Use Permit UP 88-9, Condition (30) that Grantor grant Grantee two access easements across the servient tenement for the purpose of enabling Grantee clear access to and along the Gallinas Creek drainage channel from McInnis Parkway. NOW, THEREFORE, in order to achieve the purpose described above, the parties agree as follows: Grant of Easements 1. Grantor hereby grants to Grantee two access easements referred to as McInnis Parkway Access (Southerly) and McInnis Parkway Access (Northerly). Character of Easement 2. Each easement granted herein is an easement in gross. Description of Easements and Use by the City of San Rafael 3. Each easement granted herein is for the sole purpose of allowing Grantee access across the servient tenement for ingress and egress to the Gallinas Creek so that Grantee may maintain the Gallinas Creek. Location 4. Each easement granted herein is 24 feet in width across a paved parking lot from McInnis Parkway. These two access easements are particularly described in Exhibits A and B, and shown on Exhibit C, attached hereto and incorporated by reference. Exclusiveness of Easements 5. The easements granted herein are not exclusive. Grantor reserves the rights of both ingress and egress to the servient tenement across these easements. Duty to Repair 6. By accepting the easements granted herein, Grantee agrees that should Grantee's use of these easements result in the need to repair and/or replace the paved surface of these easements, that Grantee shall assume the full and complete responsibility of performing all necessary corrective work to repair and repave the easement property to its pre -damaged condition. Grantee also agrees that should Grantee's use of the 2 easements result in any damage to any portion of Grantor's property, or result in any injury to any person or any other property, including injury to Grantee's agents and employees, that Grantee shall repair and replace Grantor's property and shall indemnify and hold Grantor harmless from any costs and expenses (including attorney's fees), judgments, claims, or any other monetary exactions which arise from grantee's use of these two easements. Grantor shall, within a reasonable time, notify Grantee of any claims or actions to which this section applies. Entire Agreement 7. 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. Attorney's Fees 8. In the event of 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. Binding Effect 9. This instrument shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties hereto. 01 IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT THE DAY AND YEAR FIRST ABOVE WRITTEN. 0.2 y-,7-`��' Grantor: Joint Venture a Texas joint venture By: Submarin, L.P., a Delaware limited partnership By: Marin Hotel Corp. a Delaware corporation g- niel obinowitz President Grantee: Lawrence Mulryan, Mayor City of San Rafael Attest: Acknowledgments Jeanne M. Leoncini State of Texas () City Clerk County of Dallas () This instrument was acknowledged before me on September 27, 1990 by Daniel P. Robinowitz on behalf of MHV Joint Venture, a partnership. tt,t L,...,THY WJ41UR Notary Public Lpires 9-1153 4 cZ)e')/,'.i-'7-C,Nc 42�N v� L Notary Publi�f'rintei or Typed Name. My Commission expires: r-- /9 - �3 OBERKAMPER 6 ASSOCIATES June 5, 1989 CIVIL ENGINEERS, INC. Job No. 136-87 LEGAL DESCRIPTION MC INNIS PARKWAY ACCESS (SOUTHERLY) EMBASSY SUITES HOTEL SAN RAFAEL, CALIFORNIA Real property situate in the City of San Rafael, County of Marin, State of California described as follows: Beginning at a point on the southeasterly right-of-way of McInnis Parkway, distant thereon North 40`35110" East, 148.86 feet from the most westerly corner of Parcel 2, the same as shown and delineated on that certain parcel map entitled "Parcel Map of Civic Center North, being a resubdivision of Parcel 1 - 23 PM 52 - Lands of GOS Joint Venture", filed for record January 9, 1989 in Book 24 of parcel maps, at Page 43, Marin County Records; thence leaving said southeasterly right-of-way South 49124150" East, 63.57 feet, thence North 63105102" East, 25.98 feet; thence North 49024150" West 73.51 feet to a point on said southeasterly right-of-way (24 PM 43) ; thence along said southeasterly right-of-way (24 PM 43) South 40035,101, West, 24.00 feet to the point of beginning. Containing 0.038 acres, more or less. ATC:BFL Exhibit A To Easement From McInnis Parkway for Access to Gallinas Creek OBERKAMPER E ASSOCIATES CIVIL ENGINEERS, INC. June 5, 1989 Job No. 136-87 LEGAL DESCRIPTION MC INNIS PARKWAY ACCESS (NORTHERLY) EMBASSY SUITES HOTEL SAN RAFAEL, CALIFORNIA Real property situate in the City of San Rafael, County of Marin, State of California described as follows: Beginning at a point on the southeasterly right-of-way of McInnis Parkway, distant thereon South 4003511011 West, 22.00 feet from the most northerly corner of Parcel 2, the same as shown and delineated on that certain parcel map entitled "Parcel Map of Civic Center North, being a resubdivision of Parcel 1 - 23 PM 52 - Lands of GOS Joint Venture", filed for record January 9, 1989 in Book 24 of Parcel Maps at Page 43, Marin County Records; thence leaving said southeasterly right-of-way (24 PM 43) South 49024150" East, 358.71 feet; thence South 59C,00100" West, 53,03 feet; thence northerly along a curve to the left whose center bears North 31000'00" West, having a radius of 20.00 feet, through a central angle of 10802415011, an arc length of 37.84 feet; thence North 49`24150" West, 322.98 feet to a point on said southeasterly right-of-way (24 PM 43); thence along said southeasterly right-of-voy (24 PM 43) North 40r-35110" East, 24.00 feet to the point of beginning. Containing 0.200 acres, more or less. ATC:BFL Exhibit B To Easement From McInnis Parkway for access to Gallinas Creek tppppp p 3 A A r 70 t D tp D � D A D �� I mp IP ,_ X33 9�.� tp In { - �� N{ p- m�mzQ Iry�om C: Ul a rnY r NN N mp'�9 D ma Q 549°24'50 E 1 D i' 0 0 UI N Q nl o ,� , D L9 N x M 0 Ca S M V tirn m m � M ➢r <X zF> IMP> Dzrn r��Z rn 0 a m RD w C C M N 9L TN a o- p -I N z�m ➢r �.W h/ Tp / ar �0 N N 0 N/ 0 0 p/ o/ O/ 6) Ib / N CO / / / 549.24' Sn"E 441.18' Exhibit C Z: t w In m N u To Easement from McInnis Parkway for Access to Gallinas 0 �� I 1 ,_ X33 9�.� - �� N{ NN N D Q 549°24'50 E 1 D i' 0 0 UI N Q nl o ,� , 0 U N a N ,� W r N O ooW r {► � N N o n Al f•W � 6\ w w$ R L9 N x M 0 Ca S M V tirn m m � M ➢r <X zF> IMP> Dzrn r��Z rn 0 a m RD w C C M N 9L TN a o- p -I N z�m ➢r �.W h/ Tp / ar �0 N N 0 N/ 0 0 p/ o/ O/ 6) Ib / N CO / / / 549.24' Sn"E 441.18' Exhibit C Z: t w In m N u To Easement from McInnis Parkway for Access to Gallinas