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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 1 0 7==% '%. f 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 6 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 3 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