HomeMy WebLinkAboutCC Resolution 8211 (Pedestrian Bridge)RESOLUTION NO. 8211
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING EXECUTION OF GRANT OF EASE-
MENT TO MHV JOINT VENTURE FOR CONSTRUCTION
AND MAINTENANCE OF PEDESTRIAN BRIDGE FROM THE
EMBASSY SUITES HOTEL TO THE MARIN COUNTY CIVIC
CENTER FACILITIES
WHEREAS, the County of Marin is the owner of certain real property commonly
known as the south bank of Gallinas Creek in the Civic Center North area of the City of San
Rafael; and
WHEREAS, the City of San Rafael is the owner of certain real property
commonly known as a drainage channel and a tributary to Gallinas Creek in the Civic Center
North area of said City; and
WHEREAS, as a condition to City approval of Environmental Design Review,
Embassy Suites Hotel was required to construct a pedestrian bridge from said hotel, across
City property, to the Marin Civic Center facilities; and
WHEREAS, in order to comply with said condition of approval, Embassy Suites
Hotel must acquire easement rights from said City and County.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City
of San Rafael that the Mayor and City Clerk are authorized to execute the Grant of Easement
to MHV Joint Venture (Embassy Suites Hotel) for construction and maintenance of a
pedestrian bridge.
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 August, 1990, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Boro, Breiner, Shippey, Thayer & Mayor Mulryan
None
None
JJ;E M. LEON INI, City Clerk
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 the Grantee
GRANT OF EASEMENT FOR CONSTRUCTION
AND MAINTENANCE OF PEDESTRIAN BRIDGE
This Agreement made this day of , 1990,
by and between the County of Marin ("County Grantor"), the City
of San Rafael ("City Grantor") and MHV Joint Venture ("Grantee").
RECITALS
WHEREAS, County Grantor is the owner of certain real
property commonly known as the south bank of the Las Gallinas
Creek in the Civic Center North area of City of San Rafael,
County of Marin, State of California, hereinafter referred to as
the "County Servient Tenement" and described as a portion of
Marin County Assessor's Parcel No. 179-Z7n_j9 ; and
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WHEREAS, City Grantor is the owner of certain real property
commonly known as a drainage channel and a tributary to Gallinas
Creek in the Civic Center North area of the City of San Rafael,
County of Marin, State of California, hereinafter referred to as
the "City Servient Tenement" and described as Marin County
Assessor's Parcel No. 180-410-04 ; and
WHEREAS, Grantee 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, hereinafter
referred to as the "Dominant Tenement" and described as Marin
County Assessor's Parcel No. 180-410-07; and
WHEREAS, San Rafael Environmental and Design Review Permit
ED 88-4(b), and San Rafael Use Permit UP 88-9 require that
Grantee build a pedestrian bridge from the Dominant Tenement
across the City Servient Tenement to the County Servient Tenement
in order to provide pedestrian access from the Embassy Suites
Hotel to the Marin Center facilities; and
WHEREAS, San Rafael ED 88-4(b), Condition (8) provides:
"County approval shall be secured for all construction on County
property;" and
WHEREAS, Grantee, in order to fulfill the described
condition, desires to acquire certain rights in the City Servient
Tenement and the County Servient Tenement;
NOW, THEREFORE, it is agreed as follows:
1. Grant of Easement. City Grantor and County Grantor
hereby grant to Grantee for as long as the hotel use exists on
the Dominant Tenement an easement hereinafter described.
2. Character of Easement. The easement granted herein is
appurtenant to the Dominant Tenement.
3. Description of Easement. The easement granted herein is
a right to erect and maintain a pedestrian bridge and provide
pedestrian access from the Dominant Tenement, across the City
Servient Tenement, and to the County Servient Tenement and the
Marin Center facilities on the County Servient Tenement. The
pedestrian bridge shall consist of a wood walkway with a wall
system to match the hotel exterior and shall be of design as
approved by the City of San Rafael.
4. Location. The easement granted herein and said
pedestrian bridge shall be located as designated in the plans
approved by the City of San Rafael's permit ED 88-4(b).
5. Use of Easement for Pedestrians and Maintenance. The
easement granted herein includes the following use of the City
Servient Tenement and County Servient Tenement: (a) For
pedestrian use; and (b) for rights of maintenance, repairs and
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replacement by the Grantee. It shall be the sole obligation of
the Grantee to maintain, repair or replace the above-described
pedestrian bridge in a manner safe for all persons foreseeably
using it.
6. Exclusiveness of Easement,. The easement granted herein
is not exclusive and members of the public may use the bridge for
pedestrian uses.
7. Entire Aareement. This instrument contains the entire
agreement between the parties 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.
8. Attornev/s Fees. In the event 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, attorneys' fees and costs.
9. Binding 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 HEREOF, THE PARTIES HERETO HAVE EXECUTED THIS
AGREEMENT THE DAY AND YEAR FIRST WRITTEN ABOVE.
County Grantor:
Marin County Board of
Supervisors
City Grantor:
Lawrence Mulryan, Mayor
City of San Rafael
Attest:
City Clerk
City of San Rafael
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Grantee:
MHV Joint Venture
A Texas Joint Venture
By: Submarin, L.P., a Delaware
limited partnership
By: Marin Hotel Corp.
A Delaware corporation
Daniel P. Robinowitz
President
Acknowledgments:
B8-23