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HomeMy WebLinkAboutCC Resolution 8541 (Natural Area Grant Deed)RESOLUTION NO. 8541 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING GRANT DEED FOR DEVELOPMENT RIGHTS (NATURAL AREA) 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 deed for development rights (Natural Area), 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 Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE 11� M. LEONCI , City Clerk ORIGINAL W9,541 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 Cecilia B. Bridges Attorney for Grantor GRANT DEED FOR DEVELOPMENT RIGHTS 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 COF-,"Ilky 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, included within this certain real property owned by Grantor and described above is real property commonly known as the "Natural Area" which is particularly described in Exhibit A, attached and incorporated herein by reference. WHEREAS, Grantee has required as a part of the approval of San Rafael Use Permit UP 88-9, Condition (5), that Grantor grant to Grantee the development rights for that property particularly described in Exhibit A, and shown on Exhibit B, and known as the "Natural Area" so that this property can remain in a condition acceptable for natural habitat at all times. NOW, THEREFORE, Grantor, in order to fulfill the above described condition hereby executes this grant deed and agrees as follows: 1. Grantor hereby grants to the City of San Rafael, a municipal corporation as Grantee, the future development rights as defined below, in that property known as the "Natural Area" which is particularly described in Exhibit A which is attached and incorporated herein by reference. 2. For the purpose of this grant deed, "Development Rights" are defined to mean and refer to the right to approve or disapprove any proposed construction, development or improvement which would substantially and materially change or impact the condition of the "Natural Area" as a natural habitat. 3. The "Development Rights" are, and shall negative easement over all of the property known as Area" as described in Exhibit A, which shall described real property and shall bind the current future owner or owners of all or any portion of described. K be a form of the "Natural run with the owner and any the property IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT THE DAY AND YEAR FIRST ABOVE WRITTEN. Grantor: 11 � MHV Joint Venture A Texas joint venture By: Submarin, L.P., a Delaware. limited partnership By: Marin Hotel Corp., A Delaware corporation By: f( 9iel P. �F�ob'inowitz President Grantee: Lawrence Mulryan, Mayor City of San Rafael Attest: Acknowledgments State of Texas () Jeanne M. Leoncini County of Dallas () City Clerk This instrument was acknowledged before me on September 27, 1990 by Daniel P. Robinowitz on behalf of MHV Joint Venture, a partnership. 1, ^01T:17 M1AK- =';re etiezas Notary Public-, ';' ' •. �,-, :�`.S 'r, Ear :s 919 9J ✓✓ / Notary Public,Printe�or Typed Name. My Commission expires: 3 ?-19- 7 OBERKAMPER & ASSOCIATES October 30, 1989 CIVIL ENGINEERS, INC. Job No. 136-87 LEGAL DESCRIPTION "NATURAL AREA" 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 GOS Joint Venture", filed for record January 9, 1989 in Book 24 of Parcel Maps at Page 43, Marin County Records; thence along the boundary of said Parcel 2 (24 PM 43) North 49024150" West, 85.29 feet to a point on the southeasterly right-of-way line of McInnis Parkway, as shown on said Map (24 PM 43); thence along said southeasterly line (24 PM 43) North 40135110" East, 148.86 feet; thence leaving said southeasterly line (24 PM 43) South 49024159" East, 73.51 feet; thence along a tangent curve to the left, having a radius of 34.00 feet, through a central angle of 2602013611, an arc length of 15.63 feet; thence South 70015100" West, 13.27 feet; thence South 86006'49" East, 65.46 feet, thence South 3100010011 East, 10.00 feet to a point on the southeasterly boundary of said Parcel 2 (24 PM 43); thence along said southeasterly boundary (24 PM 43) the following courses and distances: South 59000100" West, 176.74 feet and thence along a tangent curve to the left having a radius of 300.00 feet, through a central angle of 1°4914511, an arc length of 9.58 feet to the point of beginning. Containing 0.433 acres, more or less. ATC: BFL EXHIBIT A To Grant Deed For Development Rights LP P m II 0 0_ N I m 0 N x m M N T n 000©0 0®0©0®000 �� 9 ,(_� 1 I I 1 I I 1 I 1 1 I I 1 I �� � f. �� X' 3 f1 n 70 -� , rR Y N t `, D A n A yl P O to t: W 0.z in r in —m m o _ /S49'c'S0 E A U! th rj p U! D D It bs zo• D nF'��D1 m , r D1 N N� Q 0 2 s $� $ mN o oA, c rn r r a 3.51' u' m 11 00 P N n ♦j �rn n c go w t o �z4sowa rn m t p w Ts.sl IrD�Om EP. nN /a6 tP p m Q p w / •r' m 'o rn � q� 0 2 •o o/ m o/ � nil O/ /0 o Ib /N / 0 1p X f/ I o U Ito PM M / N £ O I r N � N« �FNrn �' ' 60 F D iN D N M .. Q O / AV ,n � w ` G LD _ 1 a Z R° o M CO N 8➢m N --35,00N T5.15 w� N 549.24' So"E _rTl.l B' D CO 0� .� �� r g Z cUV ��� N z�m � Exhibit B To Grant Deed for Development D,-hP,