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HomeMy WebLinkAboutCC Resolution 8540 (Gallinas Creek Easement)RESOLUTION NO. 8 5 4 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING GRANT OF EASEMENTS 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 maintain Gallinas Creek, 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: COUNCELMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE . LEONCI , City Clerk ORIGINAL 141E540 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 h�� � - la�444 Cecilia B. Bridges Attorney for Grantor GRANT OF EASEMENT 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 COPY 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 (21) that Grantor grant Grantee access easements across the servient tenement for the purpose of enabling Grantee to maintain the Gallinas Creek drainage channel. NOW, THEREFORE, in order to achieve the purpose described above, the parties agree as follows: Grant of Easement 1. Grantor hereby grants to Grantee two creek access easements referred to as Creek Access Easement and Creek Access Easement - Undeveloped Portion. 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. 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 easements result in any damage to any portion of Grantor's property, or result in any injury to any person or any other 2 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. 3 IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT THE DAY AND YEAR FIRST ABOVE WRITTEN. Grantor: C� V Joint Venture a Texas joint venture By: Submarin, L.P., a Delaware limited partnership By: Marin Hotel Corp. a Delaware corporation By: Vl Robi.nowitz 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. Notary Puf�I i HY MOM Notary Pulbi¢ PHrited or Typed cf Tenny Puwb expires: 9.19.93 Notary Puf�I i Notary Pulbi¢ PHrited or Typed Name. My Commission -/7'-l3 expires: 4 OBERKAMPER & ASSOCIATES June 5, 1989 civil engineers, inc. Job No. 136-87 LEGAL DESCRIPTION CREEK ACCESS EASEMENT 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 the most easterly 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 along the southeasterly boundary of said Parcel 2 (24 PM 43) the following courses and distances: South 64100100" West, 23.97 feet; thence South 61030100" West, 238.90 feet and thence South 59100'00" West, 640.68 feet; thence leaving said southeasterly boundary (24 PM 43) North 31100100" West, 10.00 feet; thence North 86006149" West, 65.46 feet; thence North 70015'00" East, 13.27 feet; thence northwesterly along a curve to the right whose center bears North 14014134" East, having a radius of 34.00 feet, through a central angle of 2602013611, an arc length of 15.63 feet; thence North 49024150" West, 9.94 feet; thence North 63005'02" East, 25.98 feet; thence southerly along a curve to the left whose center bears North 40035'10" East, having a radius of 10.00 feet, through a central angle of 7103511011, an arc length of 12.49 feet; thence North 59000'00" East, 896.04 feet to a point on the northeasterly boundary of said Parcel 2 (24 PM 43); thence along said northeasterly boundary (24 Ph1 43) South 4912415011 East, 75.15 feet to the point of beginning. Containing 1.274 acres, more or less. ATC: BFL Exhibit A To Grant of Easement for Access to Gallinas Creek OBERKAMPER & ASSOCIATES June 5, 1989 CIVIL ENGINEERS, INC. Job No. 136-87 LEGAL DESCRIPTION CREEK ACCESS EASEMENT UNDEVELOPED PORTION 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 the most southerly 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 COS Joint Venture", filed for record January 9, 1989 in Book 24 of Parcel Maps at Page 43, Marin County Records; thence northeasterly along a curve to the left whose center bears North 54030'00" West, having a radius of 150.00 feet, through a central angle of 26044115", an arc length of 70.00 feet; thence along a tangent curve to the right having a radius of 40.00 feet, through a central angle of 61"2911511, an arc length of 42.93 feet; thence North 70c15100" East, 52.60 feet; thence northwesterly along a curve to the right whose center bears North 14014134" East, having a radius of 34.00 feet, a central angle of 2612013611, an arc length -of 15.63 feet; thence North 49024150" West, 9.94 feet; thence South 70015100" West, 37.14 feet; thence along a tangent curve to the left having a radius of 60.00 feet, through a central angle of 61029,1511 an arc length of 64.39 feet; thence along a tangent curve to the right having a radius of 130.00 feet, through a central angle of 2515710911, an arc length of 58.88 feet to a point on the southwesterly boundary of said Parcel 2 (24 PM 43); thence along said southwesterly boundary (24 PM 43) South 49024150" East, 20.09 feet to the point of beginning. Containing 0.074 acres, more or less. ATC:BFL Exhibit B To Grant of Easement for Access to Gallinas Creek OO OOOC7O 0®0©0®000 V I I I 1 1 1 1 1 1 1 1 1 � w�I!'�►z�z�� 3mim c �� 6�ow� wo II zmz� A �otp N p ➢ r N U NN N r s s 0 ��fflfoo Ftp f Ilt N N „] W N N. N N 0M �� �Nr,o�a D m 0 II �, ro o N A g m i p roro w w w V. m � mrn o rn y� m m °v memo Y O � D) �-Vm Fn M ZnK LP E? MM @gym M Zr'D D�Lp? nm �'�nn 1„ M ti M U' � m � Lo H n M > m M M 9 n ➢N � DZ11��➢ n I AL9, � N .� ➢ r 0� 0 0 I'. —N4��4'io"w22.9b— — _ 49 . 24' S O" E Exhibit C To Grant of Easement for Access to ral linnq r.Pob 0, in 0 N u n 0 549-X So E 65.2C' le, M 0� 0 0 I'. —N4��4'io"w22.9b— — _ 49 . 24' S O" E Exhibit C To Grant of Easement for Access to ral linnq r.Pob 0, in 0 N u