HomeMy WebLinkAboutCC Resolution 7718 (Title Dispute Settlement)RESOLUTION NO. 7718
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN RAFAEL
AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT TO SETTLE A TITLE DISPUTE
WITH GEORGE H. DEXTER, JR. AND GERALDINE L. DEXTER
WHEREAS, the City of San Rafael is cornT14 tied to redeveloping
the Canal area; and,
WHEREAS, the City contends that it holds title to property
described as Trust Termination Parcel, Exhibit "A", attached,
in trust for the public, subject to State supervisory and rever-
sionary interests; and,
WHEREAS, George H. Dexter, Jr. and Geraldine L. Dexter contend,
for various reasons that no City or State interest exists in Trust
Termination Parcel; and,
WHEREAS, George H. Dexter, Jr. and Geraldine L. Dexter are cur-
rently in the process of selling the Trust Termination Parcel; and,
WHEREAS, the City wants the Development of Trust Termination
Parcel to continue and to be completed, as development is consis-
tent with the East San Rafael Area Plan; and,
WHEREAS, it is in the best interest of all parties to enter
into a settlement agreement concerning the Trust Termination
Parcel.
NOW THEREFORE BE IT RESOLVED, that the Mayor is hereby
authorized to execute on behalf of the City Council an agreement
whereby the City will quitclaim its interest in the Trust Termi-
nation Parcel, Exhibit "A", attached, to George H. Dexter, Jr.
and Geraldine L. Dexter. George H. Dexter, Jr. and Geraldine L.
Dexter will quitclaim their interest in the Granted Lands Parcel,
Exhibit "B", attached, an Upland Parcel, Exhibit "C", attached,
and a Public Pedestrian Easement, Exhibit "D" attached, to the
City of San Rafael as trustee pursuant to Chapter 83 of the
Statutes of 1923 and the State of California acting by and through
the State Lands Commission. George H. Dexter and Geraldine L.
Dexter will also pay the City of San Rafael Seventy-five
thousand dollars.
I, JEANNE M. LEONCINI, City 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 City Council of the City of San Rafael on Monday, the
18th , day of April 1988, by the following vote, to
wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEWS M. LEONCI , City Clerk
'10413
DOCUMENTS RECORDED AT THE REQUEST
OF AND WHEN RECORDED MAIL TO:
State Lands Commission
1807 - 13th Street
Sacramento, CA 95814
Attn: Duncan M. Simmons
State of California Official Business
Document entitled to free recordation
pursuant to Government Code Section 6103
a fft-COA $Tc, - cr
TITLE
AGREEMENT FOR THE SETTLEMENT OF A TITLE
DISPUTE WITHIN THE CITY OF SAN RAFAEL, COUNTY OF MARIN
AMONG GEORGE H. DEXTER, JR AND GERALDINE L. DEXTER,
THE CITY OF SAN RAFAEL, AND
THE CALi r uxN its STATE LANDS COMMISSION
Instructions to the County Recorder
of the County of Marin
This document includes Deeds of Parties to this
Agreement to Other Parties hereto. Therefore, please index this
document as follows:
GRANTOR
City of San Rafael
as trustee pursuant
to Chapter 83 of
the Statutes of 1923
GRANTEE
George H. Dexter, Jr
Geraldine L. Dexter
State of California George H. Dexter, Jr
acting by and through Geraldine L. Dexter
the State Lands
Commission
EXHIBIT IN
MCH REAL PROPERTY
IS DESCRIBED
A
(TRUST TERMINATION
PARCEL)
A
(TRUST TERMINATION
PARCEL)
George H.
Dexter, Jr
City of San Rafael as
B
Geraldine
L. Dexter
trustee pursuant to
(GRANTED LANDS
Chapter 83 of the
PARCEL)
Statutes of 1923
George H.
Dexter, Jr
State of California acting~
B
Geraldine
L. Dexter
by and through the
(GRANTED LANDS
State Lands Commission
PARCEL)
[ clk-=Oy It
George H. Dexter, Jr City of San Rafael as C
Geraldine L. Dexter trustee pursuant to (UPLAND PARCEL)
Chapter 83 of the
Statutes of 1923
George H.
Dexter, Jr
State of California
acting
C
Geraldine
L. Dexter
by and through the
State
(UPLAND PARCEL)
Lands Commission
George H.
Dexter, Jr
City of San Rafael
as
D
Geraldine
L. Dexter
trustee pursuant to
(PUBLIC
Chapter 83 of the
PEDESTRIAN
Statutes of 1923
EASEMENT)
George H.
Dexter, Jr
State of California
acting
D
Geraldine
L. Dexter
by and through the
State
(PUBLIC
Lands Commission
PEDESTRIAM
EASEMENT)
The parties to this Agreement, dated April 18 ,
1988, are the State of California, acting by and through the
State Lands Commission (STATE), the City of San Rafael (CITY),
and George H. Dexter, Jr and Geraldine L. Dexter (PRIVATE
PARTY).
RECITALS:
I. This Agreement concerns a parcel of real property in
the City of San Rafael, County of Marin and referred to
throughout this Agreement as the TRUST TERMINATION PARCEL. The
TRUST TERMINATION PARCEL is described in Exhibit A and is shown
for reference purposes only on Exhibit E. Both Exhibits A and E
are attached to this Agreement and are incorporated as a part of
it by this reference.
II. This Agreement also concerns a piece of real property
in the City of San Rafael, County of Marin, and referred to
throughout this Agreement as the GRANTED LANDS PARCEL. The
GRANTED LANDS PARCEL is described in Exhibit B and is shown for
reference purposes only on Exhibit E. Both Exhibits B and E are
attached to this Agreement and are incorporated as a part of it
by this reference.
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III. This Agreement also concerns a piece of real property
in the City of San Rafael, County of Marin and referred to
throughtout this Agreement as the UPLAND PARCEL. The UPLAND
PARCEL is described in Exhibit C and is shown for reference
purposes only on Exhibit E. Both Exhibits C and E are attached
to this Agreement and are incorporated as a part of it by this
reference.
IV. This Agreement also concerns a piece of real property
in the City of San Rafael, County of Marin, which is referred to
throughout this Agreement as the PUBLIC PEDESTRIAN EASEMENT.
The PUBLIC PEDESTRIAN EASEMENT is described in Exhibit D and is
shown for reference only on Exhibit E. Both Exhibits D and E
are attached to this Agreement and are incorporated as a part of
it by this reference.
V. Upon its admission to the United States of America on
September 9, 1850, the State of California, by virtue of its
sovereignty, received in trust for the purposes of commerce,
navigation, and fisheries, all right, title, and interest in
tide and submerged lands within the boundaries of the State of
California.
VI. In its last natural condition, all or part of the
TRUST TERMINATION PARCEL lay within the bed of San Rafael Creek,
comprised of tide and submerged lands.
VII. The State of California, by virtue of the Arkansas
Swamp Lands Act of September 28, 1850, received title from the
United States of America to certain swamp and overflowed lands
located within the State's boundaries.
VIII. Pursuant to the Arkansas Swamp Lands Act and
State implementing statutes, certain lands along San Rafael
Creek were included within the perimeter boundaries of swamp and
overflowed lands sales. These sales included Swamp and
Overflowed Patent No. 18 (patented June 6, 1862 to Oliver Irwin)
which meandered the north bank of San Rafael Creek and Swamp and
Overflowed Patents No. 28 (patented February 3, 1869 to Timothy
Mahon) and No. 39 (patented September 16, 1868 to George N.
Kritzer), both of which meandered the south bank of San Rafael
Creek.
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IX. It is unclear what part, if any, of the TRUST
TERMINATION PARCEL was included within the boundaries of Swamp
and Overflowed Patents Nos. 18, 28, or 39.
X. In 1870, George Allardt surveyed the San Rafael Canal
within San Rafael Creek on behalf of the Board of Tidelands
Commissioners (BTLC.) Allardt's San Rafael Canal was reserved
from sale to private individuals as a public channel for trade
and navigation. Allardt also surveyed and numbered lots
adjoining the San Rafael Canal. These lots are depicted on
Board of Tidelands Commissioners map dated May 10, 1871 and
titled "Map No. 2 of Salt Marsh and Tidelands Situate in the
County of Marin, State of California."
XI. Subsequent to Allardt's survey of the San Rafael
Canal, certain of the lots along the Canal were sold by the
Board of Tidelands Commissioner pursuant to Chapter 388,
Statutes of 1870. One of these sales is contained in Book I of
Deed, Page 594 for the County of Marin.
XII. By Chapter 83, Statutes of 1923, the State of
California granted in trust to CITY all tide and submerged land,
whether filled or unfilled, within the boundaries of San Rafael
as those boundaries then existed. That statutory grant included
any and all remaining sovereign title interests of the State of
California in the TRUST TERMINATION PARCEL to be held by the
CITY in trust subject to the provisions of said statute, the
common law public trust for commerce, navigation, and fisheries,
and STATE supervisory and reversionary interests. The CITY has
held title to such lands pursuant to Chapter 83, Statutes of
1923, as amended, and the common law public trust since that
time.
XIII. After substantial title research, the STATE and
the CITY contend that:
A. Only a portion, if any, of the TRUST TERMINATION
PARCEL was included within the perimeter description
of Swamp and Overflowed Patent Nos. 18, 28 and 39.
Zis
B. Any portion of the TRUST TERMINATION PARCEL included
within the perimeter descriptions of Swamp and
Overflowed Patent Nos. 18, 28, or 39 which was, in
its last natural condition, below the line of high
water is subject to a sovereign interest held by the
STATE and CITY in such portion despite its inclusion
within the perimeter description of a swamp and
overflowed lands sale.
C. No part of the TRUST TERMINATION PARCEL was conveyed
by BTLC deed and the BTLC deed found at Book I, Page
594, Office of the Marin County Recorder, did not
effectively convey all land laying between Swamp and
Overflowed Patents No. 28 and No. 39 and the south
side of the San Rafael Canal and Swamp and Overflowed
Patent No. 18 and the the north line of San Rafael
Canal.
D. The San Rafael Canal, including the reach of it
through the TRUST TERMINATION PARCEL, was never sold
into private ownership by the State of California or
any other government entity.
E. The portion of the TRUST TERMINATION PARCEL within the
San Rafael Canal remains subject to sovereign
interests held by the CITY, subject to STATE
reversionary or supervisory interests.
XIV. For various reasons, the PRIVATE PARTY contends that
no STATE or CITY interests exist in the TRUST TERMINATION
PARCEL. Among these reasons are that:
A. In its last natural condition, the TRUST TERMINATION
PARCEL was neither submerged land nor subject to the
ordinary tides.
B. The STATE, pursuant to the Arkansas Swamp and
Overflowed Lands Act of 1850 and State statutory
authority, has identified and sold the TRUST
TERMINATION PARCEL by Swamp and Overflowed Patents 28,
39 and/or 18 for Marin County and by the BTLC deed
found at Book I, page 594, for the County of Marin.
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C. The PRIVATE PARTY or his predecessors in interest have
reclaimed the TRUST TERMINATION PARCEL as required by
law.
D. Any and all sovereign title held by the STATE and/or
CITY in the TRUST TERMINATION PARCEL has been
terminated by the relocation of the San Rafael Canal.
E. The PRIVATE PARTIES and their predecessors in interest
have paid all required real property taxes on the
TRUST TERMINATION PARCEL.
XV. The PRIVATE PARTY holds record title to the TRUST
TERMINATION PARCEL by a purchase made in 1972.
XVI. The TRUST TERMINATION PARCEL was filled beyond the
line of the ordinary tides some time before 1930.
XVII. A resolution of the parties's rights, titles, and
interests in the TRUST TERMINATION PARCEL would require
protracted and vigorously disputed litigation if the controversy
could not be resolved by settlement.
XVIII. It is in the best interests of the parties to
resolve their dispute by compromise settlement and to avoid the
anticipated substantial costs, time requirements, and
uncertainties of litigation.
XIX. In the interest of settlement, the STATE and CITY have
conducted a study and evaluation of the title evidence and the
principles of law and the merits of the legal positions of the
parties to this Agreement.
XX. The TRUST TERMINATION PARCEL has over the years been
subject to substantial artificial influences including, but not
limited to, filling, structures, and other improvements.
XXI. The result of these artificial processes has been to
obliterate evidence of the natural location of the tide and
submerged lands within or adjacent to the TRUST TERMINATION
PARCEL, as well as to the extent to which changes in the TRUST
TERMINATION PARCEL are attributed to natural as opposed to
artificial processes. This has made the resolution of the above -
stated disputes substantially more difficult and uncertain.
XXII. The consequent uncertainties as to the true
location, character, and boundaries of the tide and submerged
lands within or adjacent to the TRUST TERMINATION PARCEL and the
existence of public trust interests are now impeding development
for either private or public use.
XXIII. The public interest requires that said
outstanding title problems be resolved and forever laid to rest
either through lengthy, complex, and burdensome litigation or
through agreement between the affected parties.
XXIV. In order to avoid litigation of uncertain
result, the parties have, after extensive negotiation, decided
that it is in the best interest of all concerned to resolve this
dispute by:
A. The CITY, acting as trustee pursuant to Chapter 83,
Statutes of 1923, as amended, quitclaiming to the
PRIVATE PARTY any and all sovereign interests in the
TRUST TERMINATION PARCEL it may hold by virtue of that
grant in trust, as amended.
B. The STATE quitclaiming to the PRIVATE PARTY any and
all of the STATE's rights by virtue of its sovereignty
in the TRUST TERMINATION PARCEL reserved to the STATE
by Chapter 83, Statutes of 1923, as amended.
C. The PRIVATE PARTY'S payment to the CITY of $75,000 for
the termination of the CITY'S and the STATE'S
sovereign interests in the TRUST TERMINATION PARCEL.
These funds shall be held in an interest-bearing
account established by the CITY, with the concurrence
of the STATE, for the purchase of new land which is
suited to public trust uses and which will take on the
legal character of tide and submerged lands subject to
the grant, as amended, to the CITY, the common law
public trust for commerce, navigation, fisheries, and
recreation and the reversionary and supervisory
interests of the STATE.
D. The PRIVATE PARTY quitclaiming to the CITY any
interest they hold in the GRANTED LANDS PARCEL as tide
dt
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and submerged lands subject to Chapter 83, Statutes of
1923, as amended, subject to the reversionary and
supervisory interests of the STATE.
E.
The PRIVATE PARTY quitclaiming to the STATE those
supervisory and reversionary interests in the GRANTED
LANDS PARCEL reserved to it under Chapter 83, Statutes
of 1923, as amended.
F.
The PRIVATE PARTY granting to the CITY of all their
right, title and interest in the UPLAND PARCEL,
described in Exhibit C attached hereto and to be held
by the CITY as lands of the legal character of tide
and submerged lands, subject to the reversionary and
supervisory rights of the STATE.
G.
The PRIVATE PARTY granting to the STATE of those
supervisory and reversionary rights in the UPLAND
PARCEL reserved to the State by Chapter 83, Statutes
of 1923 as amended, as lands of the legal character of
tide and submerged lands.
H.
The PRIVATE PARTY granting of a public pedestrian
access easement to the CITY in the PUBLIC PEDESTRIAN
EASEMENT described in Exhibit D. This easement shall
be held by the CITY as granted lands pursuant to
Chapter 83, Statutes of 1923, as amended, subject to
the reversionary and supervisory rights of the STATE.
I.
The PRIVATE PARTY granting to the STATE those
supervisory and reversionary rights in the PUBLIC
PEDESTRIAN EASEMENT described in Exhibit D which were
reserved to the STATE by Chapter 83, Statutes of 1923,
as amended.
J.
The Agreement of the STATE and CITY that the
PEDESTRIAN ACCESS EASEMENT shall be subject to
relocation. The parties to this Agreement will issue
deeds to implement this relocation once the access
easement has been constructed and surveyed.
XXV.
The California Legislature has enacted Chapter 1742 of
the Statutes of 1971 to provide for the settlement of title and
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boundary problems in the City of San Rafael and to provide for
the exchange of certain lands or interests in lands which are
currently located above the line of mean high tide and which are
no longer necessary or useful for commerce, navigation, and
fisheries.
XXVI. In Section 2 of said Chapter 1742, the
Legislature found and declared that portions of the lands within
San Rafael Creek and Canal as defined in said Chapter, have been
improved in connection with the development of San Rafael Creek
and Canal and in the process of such development have been
filled and reclaimed, and are no longer necessary or useful for
commerce, navigation, and fisheries.
XXVII. Chapter 1742 further provides that when such
lands have been filled, the CITY, upon receipt of such
consideration as is authorized in Chapter 1742, may by document,
quitclaim or conveyance, convey, release, or quitclaim portions
of such lands.
XXVIII. The STATE and CITY have determined that (subject
to the recordation of this Agreement) the consideration provided
by this Agreement to be received by the CITY and STATE acting in
their trust capacities is equal to or exceeds the value of any
and all sovereign interests in the TRUST TERMINATION PARCEL.
XXIX. This Agreement will permit the TRUST TERMINATION
PARCEL to be developed for private purposes and will provide the
CITY with real property and with funds to purchase other land or
interests in land for the purposes enumerated in Chapter 83,
Statutes of 1923, as amended, and the common law public trust
for commerce, navigation, and fisheries. This Agreement will
also insure public access to the San Rafael Canal from Francisco
Boulevard, or such other street upon relocation as herein
provided for, through the PUBLIC PEDESTRIAN EASEMENT as it is
described in this Agreement or as it may be relocated.
In consideration of the preceding recitals and the terms
that follow, the parties agree that:
am
TE RMS :
1. CITY's Quitclaim to PRIVATE PARTY of the TRUST
TERMINATION PARCEL.
The CITY, acting as trustee pursuant to Chapter 83,
Statutes of 1923, as amended, quitclaims to PRIVATE PARTY all of
CITY's right, title, and interest held pursuant to Chapter 83,
Statutes of 1923, as amended, in the TRUST TERMINATION PARCEL
described in Exhibit A.
2. STATE's Quitclaim to PRIVATE PARTY of TRUST
TERMINATION PARCEL.
STATE quitclaims to PRIVATE PARTY all of its right, title,
and interest existing by virtue of its sovereignty in the TRUST
TERMINATION PARCEL described in Exhibit A.
3. PRIVATE PARTY'S Quitclaim to CITY of GRANTED LANDS
PARCEL.
PRIVATE PARTY quitclaims to the CITY all their right,
title, and interest in the GRANTED LANDS PARCEL described in
Exhibit B to be held as tide and submerged lands subject to
Chapter 83, Statutes of 1923, as amended, subject to the
reversionary and supervisory rights reserved to the State of
California by Chapter 83, Statutes of 1923.
4. PRIVATE PARTY'S Quitclaim to STATE of Rights Reserved
in GRANTED LANDS PARCEL.
PRIVATE PARTY quitclaims to the STATE those supervisory
and reversionary rights in the GRANTED LANDS PARCEL described in
Exhibit B, reserved to the State of California by Chapter 83,
Statutes of 1923, as amended.
5. PRIVATE PARTY'S Grant to the CITY of the UPLAND
PARCEL.
PRIVATE PARTY grants to the CITY all their right, title and
interest in the UPLAND PARCEL described in Exhibit C to be held
as lands of the legal character of tide and submerged lands
subject to Chapter 83, Statutes of 1923 as amended and subject
to the reversionary and supervisory rights reserved to the State
of California by Chapter 83, Statutes of 1923 as amended.
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6. PRIVATE PARTY'S Grant to the STATE of Rights Reserved
in the UPLAND PARCEL.
PRIVATE PARTY grants to the STATE those supervisory and
reversionary rights in the UPLAND PARCEL described on Exhibit C
and to be held as lands of the legal character of tide and
submerged lands reserved to the State of California by Chapter
83, Statutes of 1923 as amended.
7. PRIVATE PARTY'S Grant to the CITY of a Public
Pedestrian Easement.
PRIVATE PARTY grants to the City of San Rafael a public
pedestrian access easement in the PUBLIC PEDESTRIAN EASEMENT
described in Exhibit D to this Agreement. This access easement
is granted as a property right subject to Chapter 83, Statutes
of 1923, as amended, and subject to the reversionary and
supervisory rights reserved to the State of California by that
Chapter.
8. PRIVATE PARTY'S Grant to STATE of Rights Reserved to
it in the PUBLIC PEDESTRIAN EASEMENT.
PRIVATE PARTY grants to the STATE those supervisory and
reversionary rights in a public pedestrian access easement in
the PUBLIC PEDESTRIAN EASEMENT described in Exhibit D of this
Agreement, reserved to the State of California by Chapter 83,
Statutes of 1923, as amended.
9. Relocation of PUBLIC PEDESTRIAN EASEMENT.
The parties agree that the PUBLIC PEDESTRIAN EASEMENT
described in Exhibit D may be relocated by PRIVATE PARTY,
without expense, cost or liability of the CITY or STATE, to a
location that is equally convenient for the purposes of the
easement if and when a new street paralleling and between
Francisco Boulevard and the San Rafael Canal is built, dedicated
and opened. Such new location of the PUBLIC PEDESTRIAN EASEMENT
shall connect such new street and UPLAND PARCEL. CITY and STATE
shall then execute such deeds as are necessary to vacate the
present PUBLIC PEDESTRIAN EASEMENT in exchange for PRIVATE
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PARTY'S grant of the new PUBLIC PEDESTRIAN EASEMENT over such
relocation. PRIVATE PARTY shall obtain, at their own cost and
expense, a policy of title insurance acceptable to the CITY and
STATE, insuring title to the PUBLIC PEDESTRIAN EASEMENT as
relocated pursuant to this Agreement.
10. PRIVATE PARTY'S Payment of $75,000.00 to CITY.
PRIVATE PARTY shall pay $75,000.00 (seventy five thousand
dollars) to CITY for the purposes of and by the procedures
described in Paragraphs 21 and 22 of this Agreement.
11. State Lands Commission Approvals.
The STATE, upon execution and recordation of this Agreement
and pursuant to State Lands Commission Calendar Item No. 44
(approved at the State Lands Commission's April 12, 1988
meeting), hereby:
A. Finds and declares, pursuant to and in accordance with
Section 2 of Chapter 1742 of the Statutes of 1971,
that the TRUST TERMINATION PARCEL has heretofore been
improved in connection with the development of San
Rafael, and in the process of such development has
been filled and reclaimed, is no longer below the
present line of mean high tide, and is no longer
necessary or useful for commerce, navigation, or
fisheries, or for such uses or trusts as are or have
been imposed by the statutory grants of tide and
submerged lands from the State of California to the
CITY and is hereby freed from such statutory and
common law trusts.
B. In accordance with Sections 5, 6, and 7 of Chapter
1742 of the Statutes of 1971, approves this Agreement
and the conveyances provided for herein and approves
the conveyance to PRIVATE PARTY of all of the
sovereign right, title, and interest of the STATE and
CITY.
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C. In accordance with Sections 5, 6, and 7 of Chapter
1742, Statutes of 1971, approves the conveyance by the
CITY in its trust capacity to PRIVATE PARTY of all
right, title, and interest of the CITY held by virtue
of Chapter 83, Statutes of 1923, as amended, in the
TRUST TERMINATION PARCEL.
D. Further finds and declares that the consideration to
be placed in an account and to be held in trust by
CITY for the purchase of land pursuant to this
Agreement and the real property interests acquired
hereunder have a value equivalent to or exceeding the
value of the interests of the STATE and CITY being
conveyed to PRIVATE PARTY in the TRUST TERMINATION
PARCEL and approves the adequacy of the consideration
as determined by the CITY and STATE with respect to
the settlement provided for herein, in accordance with
Sections 5, 6 and 7 of Chapter 1742 of the Statutes of
1971.
E. Finds and declares that this Agreement will
permanently preserve public pedestrian access from
Francisco Boulevard to the present waterfront of the
San Rafael Canal subject to relocation as provided for
herein.
F. Finds and declares that the provisions of Section 8.5,
Chapter 1742, Statutes of 1971, shall not apply to the
TRUST TERMINATION PARCEL. The reason for this is that
the application of Section 8.5 would prevent the
settlement of this title dispute which settlement is
in the public interest.
12. Notarization.
All signatures by parties to this Agreement shall be duly
ackowledged before a notary public and a certificate of
acknowledgment with respect to such acknowledgments shall be
attached to the respective document to which it pertains so as
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to allow the recordation thereof in the County of Marin,
California.
13. Prohibition on Sale or Encumbrances.
Upon execution of this Agreement, neither the CITY, PRIVATE
PARTY nor the STATE shall sell, transfer, assign, mortgage,
pledge or hypothecate, whether by operation or law or otherwise,
any of their respective rights, title, or interests in or to the
TRUST TERMINATION PARCEL, the GRANTED LANDS PARCEL, the UPLAND
PARCEL, or the PUBLIC PEDESTRIAN EASEMENT prior to the recording
of this Agreement.
14. Agreement Binding on Heirs, Assigns, Etc.
All the terms, provisions and conditions herein shall be
binding upon and inure to the benefit of the respective heirs,
administrators, executors, successors, and assigns of the
parties hereto.
15. Modification.
No modification, amendment, or alteration of this Agreement
shall be valid unless in writing and signed by the parties
hereto.
16. Gender.
As used herein, whenever the context so requires, the
neuter gender includes the masculine and the feminine, and the
singular includes the plural and vice versa. Defined terms are
to have their defined meanings regardless of the grammatical
form, number, or tense of such terms.
17. No Effect on Other Lands.
The provisions of this Agreement do not constitute nor are
they to be construed as an admission by any party concerning the
boundaries of or character of title or interest in any lands
outside the TRUST TERMINATION PARCEL, the GRANTED LANDS PARCEL,
the UPLAND PARCEL and the PUBLIC PEDESTRIAN EASEMENT.
18. Headings.
The title headings of the sections of this Agreement are
inserted for convenience only and shall not be deemed to be part
of this Agreement or considered in construing this Agreement.
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19. Acceptance of Conveyances and Consent of Recording.
By their execution of this Agreement, the parties each
authorize acceptance of and accept the conveyances of each other
party. Further, the parties consent to the recordation of this
Agreement and the conveyances in it by their execution below.
20. Further Assurances.
So long as authorized by applicable laws, the parties will
perform such other acts and execute, acknowledge, and deliver
all further conveyances and other instruments that may be
necessary to more full assure to the other parties all of the
respective properties, rights, titles, interests, estates,
remedies, powers and privileges to be conveyed or provided for
by this Agreement. The STATE and the CITY agree that should the
PRIVATE PARTY elect to confirm this Agreement and the STATE and
CITY's conveyances of their sovereign interests in the TRUST
TERMINATION PARCEL by seeking a judgment to quiet title or other
suitable judicial decree, the STATE and CITY will fully
cooperate.
21. Use of Funds by CITY.
CITY and STATE agree to establish an account for deposit of
the $75,000.00 generated by this Agreement. The account shall
be at a bank acceptable to both the CITY and STATE and the funds
shall be administered pursuant to mutual instructions. The CITY
and STATE hereby agree that the funds deposited in the account
established by them shall be held in trust subject to all
provisions of Chapter 1742 of the Statutes of 1971, as amended,
as well as the common law public trust for commerce, navigation,
and fisheries, and shall be used only for the purchase of lands
or any interest therein which have the lawful character of
historic tidelands or submerged lands, or which are in their
present condition susceptible to public trust purposes.
22. Purchase of Parcels by CITY.
The CITY and the STATE further agree that any lands
purchased with the funds deposited in the account established by
them shall take on the legal character of tide and submerged
lands held in trust subject to the provisions of Chapter 83 of
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the Statutes of 1923, as amended, as well as the common law
trust for commerce, navigation, and fisheries.
23. Escrow.
A. The parties to this Agreement agree to open an escrow
account with California Land Title Company of Marin
County (ESCROW AGENT) to facilitate this Settlement
Agreement. The parties agree to deposit the following
documents in such escrow account:
B. Deposits by Parties:
(1) STATE shall deposit the following documents:
(a) A letter with the seal of the State Lands
Commission embossed upon it stating that the
State Lands Commission approved this
Agreement at its April 12, 1988 meeting and
that the Commission authorized its execution
on the Commission's behalf;
(b) This Agreement, duly and properly executed
by it;
(2) CITY shall deposit the following documents:
(a) A certified copy of a resolution of its City
Council approving this Agreement and
authorizing its execution on CITY's behalf;
(b) This Agreement, duly and properly executed
by it;
(3) PRIVATE PARTY shall deposit the following
documents:
(a) This Agreement, duly and properly executed
by them.
(b) A cashier's or certified check in the face
amount of $75,000.00 (Seventy-five thousand
dollars) and payable to "the City of San
Rafael as trustee pursuant to Chapter 1742
of the Statutes of 1971."
24. Recordation.
Upon the receipt of all the documents listed in paragraph
23 section (b) of this Agreement and the written approval of all
-16-
parties to this Agreement of the condition of title to the TRUST
TERMINATION PARCEL, the GRANTED LANDS PARCEL, the UPLAND parcel,
and the PUBLIC PEDESTRIAN EASEMENT as shown in a Pro forma title
commitment, ESCROW AGENT, if it has not recieved a written
objection by a party hereto to the closing of escrow, shall
notify the parties of its intention to close escrow and to
record this Agreement and any related documents and shall set a
date certain for such recordation and closing. At 8:00 a.m., or
as early as possible on the date chosen for the close of escrow,
ESCROW AGENT shall record this Agreement in the Office of the
County Recorder for the County of Marin, California. ESCROW
AGENT shall then release the $75,000.00 check to the City of San
Rafael.
25. Allocation of Costs and Expenses.
PRIVATE PARTY shall bear any expenses and fees associated
with the escrow and the recordation of this Agreement. All
other fees, costs, and expenses of any attorney, engineer, or
other person employed or retained by a party in connection with
this Agreement shall be borne by that party.
26. Compromise Agreement.
It is expressly understood that the Agreement of the
parties set forth herein is in compromise and settlement of
their dispute with regard to various title and boundary disputes
described in the recitals herein. Nothing contained herein
shall be an admission of any party hereto with respect to such
disputes and shall not be used by any person in any proceeding,
whether judicial or otherwise, as evidence of an alleged
admission.
27. Counterparts.
This Agreement may be executed in any number of
counterparts and each executed counterpart shall have the same
force and effect as an original instrument.
28. Effective Date.
This Agreement shall become effective upon its execution by
-17-
the parties to __.e Agreement, their attorj.-ys, and the Governor
of the State of California.
28. No Effect On Other Government Jurisdiction
This Agreement has no effect whatsoever on the regulatory,
environmental, or other jurisdiction of any federal, state,
local, or other government entity.
29. No Admission or Effect If Agreement Not Recorded
If this Agreement is not recorded by August 31, 1988, the
Agreement will have no force or effect, and no party will have
any rights, duties, claims or obligations under it.
IN WITNESS WHEREOF, each party has caused this Agreement to
be executed either individually or by its duly authorized
officers on the date set forth opposite their signatures.
Dated: 1988. CITY OF SAN RAFAEL
J
QPy
or
Dated: +, ,P c;L0 1988. ATTEST:
C y Clerk
Dated: 1988 CITY ATTORNEY
CITY OF SAN RA
By
-18-
SLATE OF CALIFORNIA
ss.
COUNTY OF MARIN
On this 20th day of APRIL , 1988, before me, JEANNE M. LEONCINI, a
Notary Public in and for the said County and State, residingg therein, duly
commissioned and sworn, personally appeared LAWRENCE E. FIULRYIIN
personally known to me dor-proved-tame-4a. thabasis-of -sat;isfaetery-
&.vddelcak to be the Mayor of the City of San Rafael that executed the within
document and acknowledged to me that said City of San Rafael did execute the
same.
IN WITNESS WHEREOF, I have hereunto set my hand
the day and year in this certificate first above
n, _
JEANNE �EQNCINI, N T "RY P�BLIC in and for
said County and State.
STATE OF CALIFORNIA )
County of Marin ) ss.
and affixed my official seal
written.
OFFICIAL SEAL -
JEANNE M. LEONCINI
NOTARY PUBLIC - CALIFORNIA '
MARN COUNTY
§VY Cana, Expires Nov 29. 1991
►Ino su, i��� P.a ��. �`�'�',.,".._.,-..; .-,.,.:
On this 19th day of April , in the year
1988, before me, the undersigned, a Notary Public for said
State, personally appeared Gary T. Ra CThiantj
�er�onal� ka►owr�o .mom ( or proved to me on the basis of
satisfactory evidence) to be the person who executed this
instrument as---C-
sP. r;ty of San Rafaa
on behalf of the pub is body J erein named, and acknowledged
to me that the public body executed it.
SMEOFN.A X EDWARN
fogy Awb4 b, ,-
NAMGOLWY Notary Public for said State
r,► Owma ea Mw a IND
V v V VI . . V
Dated: Y/.g �I.Y 1988. STATE OF CALIFORNIA
STATE ANDS COKKI ISON
B
Claire T.'Dedr ck
Executive Officer
Dated: I &�- Iff , 1988. APPROVED BY:
JOHN VAN DE KAMP
ATTORNEY GENERAL
By \, a
se0h P. Rq-cfd-oni
ep ty Attorney General
Dated: %Ia%g$ 1988
r r Veorge W Dexte J
Dated: �..Iff ,� 1988 �
era ine L. Dexte
-19-
CkNLRAL ACKNOWLEDGMENT (j
. State of California On this the 2—allbay of Aor i 1 .19BBL, before me, -
SS.
County of Sacramento M. Sue Breece j
the undersigned Notary Public, personally appeared
3
a
Claire T. Dedrick
g) personally known tome
O proved to me on the basis of satisfactory evidence
to be the person(s) whose name(1q is subscribed to the 0
within instrument, and acknowledged that she executed it.
�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlIUItlUllltlltl
M. SUE GREECE = WITNE y hand and official seal.
NOTARY PUBLIC — CAUFORNIA = _,
' COUNTY OF SACRAMENTO
e My Commission expires Nov. 22, 1991 = Notary's re
�tlumkrtnnnumumm�umuuulnluulumnnnmmuuuluuuuulir
GENERAL ACKNOWLEDGMENT "M 201
State of California On this the 19thday of April 1988, before me,
SS.
County of Marin Sheila K. Edwards
the undersigned Notary Public, personally appeared
OFFiCtAL SEAL
MLA K EDWARuo
�9 try P1wL^.-Cetlt m
MARIN COUNTY
` %2, cr.ti^ Exp Met 5, 199 ,
GENERAL ACKNOWLEDGMENT
Geraldine L. Dexter
G personally known to me
)I proved to me on the basis of satisfactory evidence
to be the persons whose nameW j g subscribed to the
within instrument, and acknowledged that chc executed it..
WITNESS my hand and official seal.
W&. k- aw".)aj��
Notary's Signature
State of rA 1 i f nrn i a On this the —1 -9± -Way of Apr i 1 19_B.8_, before me,
SS.
County of Marin Sheila K. Edwards
the undersigned Notary Public, personally appeared
G orgp H Dexter,r_ ,
t personally known to me
Lx proved tome on the basis of satisfactory evidence
to be the person(OD whose name(30 i s subscribed to the
OFFOAL SEA within instrument, and acknowledged that h executed it.
SHE" IL EDWAFtDS WITNESS my hand and official se
/�
MW 111111.1 COUNTY
w0 ~` ME 14 fm Notary's Signature
NO. 201
7110 122 NATIONAL NOTARY ASSOCIATION a 23012 Ventura ow • 11,u box uszm • mmowo nma, , ..w-
STATE OF CALIFORNIA )
ss.
COUNTY OF SACRAMENTO )
IN APPROVAL WHEREOF, I, GEORGE DEUKMEJIAN, Governor of the
State of California, have set my hand and caused the Seal of the
State of California to be hereunto affixed pursuant to Section
6107 of the Public Resources Code of the State of California.
Given under my hand at the City of Sacramento, this day of
W1in the year of our Lord one t ousand nine
hundred a eighty-eight.
O GO ERN R
STATE OF CALIFORNLA
Attest:
ter!
SECRETARY Utj STATE
STATE OF CALIFORNIA
-20-
WILLIAM O. LOCKETT, IR.
tl"NMD MMD MJfv VM MD MMD PLMANIN
M4 TPAZ DRIVE
NOVATO. CALIFORNIA �M�f
(41 S) "74512
MIBIT "A" - TRUST TERMINATION PARCEL
DESCRIPTION
That certain real property situate in the City of San Rafael,
County of Marin, State of California, described as follows:
BEGINNING at the point of intersection of the westerly line of
Parcel One as described in the deed from McPhail's, Inc. a
California corporation to George H. Dexter Jr. and Geraidine
Lorraine Dexter recorded July 31, 1972 in Lok 2594 of Official
Records at page 169, Marin County Records with the southwesterly
line of the San Rafael Canal as shown on that certain map entitled
"RECORD OF SURVEY - RESURVEY OF THE SAN RAFAEL CANAL AS SHOWN ON
MAP NO. 2 OF THE SALT MARSH AND TIDE LANDS SITUATE IN THE COUNTY Or
MARIN AS ORIGINALLY SURVEYED UNDER THE DIRECTION OF G.F. ALLARDT I':
187011, recorded May 14, 1974 in Book 12 of Surveys at page 25,
Main County Records, which 8oint of intersection bears North
11 50' East (called North 11 45' East in said deed) 22.34 ft. from
the southwesterly corner of said Parcel One: running then8e from
said point of beginning along said westerly line North 11 50' East
100.15 ft. to a point in the northeasterly line of the San Rafael
Canal as shown on the aforesaid map; hence along said Canal line
South 40°25'55" East (called South 39 07145" East on said map)
172.31 ft. to Station 37 of said Canal survey; thence continuing
al8ng said northeasterly line South 59°55'55" East (called South
58 37145" East on said map) 94.70 ft. to a point in the easterly
line of Parcel Two as conveyed to Dexter in the aforesaid deed;
thEnce along said easterly line South 11°50' West (called South
11 45' West in said deed) 83.38 ft. to a point in the southwesterly
line of the a�oresaid San Rafael Canal; thEnce along said Canal
line i;orth 59 55155" vest ( called Forth 58 37' 45" West on said map)
66.87 ft. to a point in the southwesterly line of the aforesaid
Parcel Two; thence along the southwesterly lines of Parcels Two
and One northwesterly on a curve to th8 right with a radius of
199900 ft. whose csnter bears North 36 20133" East through a
central angle of 0 17113" for a distance of 99.66 ft. to a point
in the southwesterly line of said Canal; t�ence along said Canal
line i'orth 40 25'55" 'Nest (called Forth 39 07145" West on said
map) 91.21 ft, to the point of beginning.
Containing 20,459 square feet.
April 8, 1988
1
No.
LP ,
ENPI.Co6-30-30
9lE OF C AI�ti�Q�
WILLIAM O. LOCKUT, JR.
4.10»Mo MND hor"VW euro LAM RAMON
=4 TOPAZ DRIVE
NOVATO. CALIFORNIA %%I
(415)1974512
E)OiIBIT "E" - GRANTED LANDS PARCEL
DESCRIPTION
That certain real property situate in the City of San Rafael,
County of Marin, State of California, described as follows:
BEGINNING at a point in the westerly line of Parcel One as
described in the deed from McPhail's, Inc., a California
corporation to George H. Dexter, Jr. and Geraldine Lorraine
Dexter. recorded July 319 1972 in Book 2594 of Official Recorgs
at paa 169, Barin Co8nty Records, which point bears north 11 501
East called North 11 451 East in said deed) ?39.86 ft, from the
southwesterly corner of said Parcel One: running thence fEom
said point of beginning along said Westerly line North 11 50' East
40.22 ft. to the northwesterly corner of said Parcel One; thence
along the northerly line of Parcels 0$e and Two as conveyed to
Dexter in the aforesaid deed South 76 30'3011 East 226.31 ft. to
the northeasterly corner of Parcel Two; thence along She easterly
line of Parcel Two South 11°501 West (called South 11 4�1 West in
said deed) 46.27 ft.; thenge leaving said line North 65 001 West
63.08 ft.; thence North 77 32' West 109.34 ft. and North 810121
West 55.53 ft. to the point of beginning.
Containing 8352 square feet.
April 8, 1988
LAND \
0. LOC 54 N
-+ 3 No. 2738 `-
W D.
EXP'F.E
EOF CAL.t�%/
WILLIAM O. LOCKETT, IN.
►KINUO w.o Ke"V .Iwo w+o KAW4a
24 TOPAZ DR IV[
NOVATO, CALIFORNIA 1047
(41 S) "74S12
EXHIBIT "C" - UPLAND PARCEL
DESCRIPTION
That certain real property situate in the City of San Rafael,
County of Marin, State of California, described as follows:
BEGINi'ING at a point in the westerly line of Parcel One as desc-
ribed in the deed from McPhail's, Inc., a California corporation
to George H. Dexter, Jr. and Geraldine Lorraine Dexter, recorded
July 31, 1972 in Book 2594 of Official Recgrds at pa a 169, Marin
Cobnty Records, which point bears North 11 50' East called North
11 45' East in said deed) 717.83 ft. from the southwesterly corner
of said Parcel One: running thencS from said point of beginning
along said westerly line N8rth 11 50' East 22.03 ft.; thence o
leaving said line South 81 1;' East 55.53 ft.; thence South ?7 32'
East 109.34 ft. and South 65 00' East 63.08 ft. to a point in the
easterly line of Parcel Two as conveyed to Dex8er in the aforesaid
deed; thgnce along said easterly line South 11 50' West (called
South 11 45' West in said deed) 22.59 ft.; t�ence leaving said line
North 65000' West 65.81 ft.; thence North 77 32' West 106.22 ft. and
North 81 12' West 56.00 ft to the point of beginning.
Containing 5015 square feet.
April 8, 1988
�O %-AND S&
c.
C1
3 No. 2738
I!. 0 .
EXP(R
c!'J, 8-30-88 �?
�lE OF CA
WILLIAM O. LOCKM, PL
MINN0 wo UPMV a AND wo PLAWNa
3804 TOPAZ DRIVE
NOVATO, CALIFORNIA SOW
(,1 S) 9"4512
EXHIBIT "D" — PUBLIC PEDESTRIAN EASEMENT
DESCRIPTION
That certain realroperty situate in the City of San Rafael,
County of Marin, Sate of California, described as follows:
BEGINNING at the southwesterly corner of Parcel One as described
in the deed from McPhail 's Inc., a California corporation, to
George H. Dexter, Jr. and Geraldine Lorraine Dexter recorded
July 31 1972 in Book 2594 of Official Records at page 169, Marin
County records: running thence from said poin8 of beginning along
the westgrly line of said Parcel One North 11 50' East (called
North 11 45' Pst in said deed) 717.83 ft.; t$ence leaving said
line South 81 12' East 10.01 ft. and South 11 50' west 723.02 ft.
to a point in the southwesterly line of the aforesaid Parcel One;
thence along said line North 53°10'35: West (called North 53°00'30"
West by deed) 11.03 ft. to the point of beginning.
Containing 7201 square feet.
April 8, 1988
4zi
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RESOLUTION NO. 7736
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
QUITCLAIM DEEDS FROM GEORGE H. DEXTER, JR. AND GERALDINE L. DEXTER
FOR PORTIONS OF A.P. 114-152-02 AND 114-152-32 a 33
WHEREAS, on April 18, 1988 the San Rafael City Council
adopted Resolution No. 7717, entitled "A Resolution of the
City Council of the City of San Rafael Authorizing the Mayor
to Execute an Agreement to Settle a Title Dispute with
George H. Dexter, Jr. and Geraldine L. Dexter"; and
WHEREAS, that agreement called for George H. Dexter, Jr.
and Geraldine L. Dexter to quitclaim interests in real
estate described in Exhibits "B", "C", & "D" (attached).
NOW, THEREFORE BE IT RESOLVED that the City Council
of the City of San Rafael hereby authorizes the City Manager
to execute all additional documents necessary to implement
the agreement entered into under Resolution 7717, including
the acceptance of quitclaim deeds.
I, JEANNE, M. LEONCINI, Clerk of the of the City of
San Rafael, hereby certify that the foregoing resolution
was duly and regularly introduced and adopted at a regular
meetinq of the Council of said City on Mondav ,
the 16th day of Mav 19BB, by the following
vote, to wit:
AYES: COUNCILMEMBERS:Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:Frugoli
JEA . LE02.CINI, :ISi,ty .Clerk
COPY 773C-
U6 JU41j
WILLIAM O. LOCKETT, jr
LICI"ID LOO SUGI M AND INC RAW% -
2W4 TOPAZ DRIVE
NOVATO. CALIFORNIA 94947 _
(4151 897-4312
EXHIBIT "D" - PUBLIC PEDESTRIAN EASEMENT
DESCRIPTION
That certain real property situate in the City of San Rafael,
County of Marin, State of California, described as follows:
BEG INNTING at the southwesterly corner of Parcel One as described
in the deed from McPhail's, Inc., a California corporation, to
George H. Dexter, Jr. and Geraldine Lorraine Dexter recorded
July 31, 1972 in Book 2594 of Official Records at page 169, Marin
County Records: running thence from said point of beginning along
the westerly line of said Parcel One North 11050' East (called
North 11045' �ast in said deed) 717.83 ft.; t$ence leaving said
line South 81 12' East 10.01 ft. and South 11 50' west 723.02 ft.
to a point in the southwesterly line of the aforesaid Parcel One;
thence along said line North 53°10'35: West (called North 53°00'30"
West by deed) 11.03 ft. to the point of beginning.
Containing 7201 square feet.
April 8, 1988
SND S�\
g p. LOCd,
3 No. 27,38
EXPIF
J'I 6.3o -a6 �? /
F0 C AL!C7Q
1Nt1. AM O. LMKITT, JR.
MMUDL,"D„J., VM&NOLANDKN•
PRD+ TOPAZ ORIVf
NOVATO. CALIFORNIA 94%7
(415) 8974512
E;Gz.IBIT "C” - UPLAND PARCEL
DESCRIPTION
su JU4rj
That certain real property situate in the City of San Rafael,
County of ;Marin, State of California, described as follows:
BEGIN7IPIG at a point in the westerly line of Parcel One as desc-
ribed in the deed from McPhail's, Inc., a California corporation
to George H. Dexter, Jr. and Geraldine Lorraine Dexter, recorded
July 311 1972 in Book 2594 of Official Recgrds at pa a 169, Marin
Co8nty Records, which point bears Horth 11 50' East called North
11 45' East in said deed) 717.83 ft. from the southwesterly corner
of said Parcel One: running thence from said point of beginning
along said westerly line T,8rth 11"50' East 22.03 ft.; thence o
leaving said line South 81 19' East 55.53 ft.; thence South 7? 32'
East 109.34 ft. and South 65 00' East 63.08 ft. to a point in the
easterly line of Parcel Two as conveyed to Dex8er in the aforesaid
deed; th8nce along said easterly line South 11 50' West (called
South 110451 :fest in said deed) 22.59 ft.; t8ence leaving said line
North 65°00' West 65.81 ft.; thence Forth 7? 32' West 106.22 ft. and
North 81°12' West 56.00 ft to the point of beginning.
Containing 5015 square feet.
April 8, 1988
LA N DSe
p
. LOC��r � 1
-+ 3 No. 2738
EX?:F. S
J' 6-30-38 ?
rgIEOF CAQF��a�
U/
10 v - - -
WILLIAM O. LOCKETT, X
�Ku+uo wa vjmvq we we PUWW
2W4TOPAZ DRIVE
NOVATO. CALIFORMA 9"
(415) 897-8512
E)iIBIT "B" - GRANTED LANDS PARCEL
DE'SC?TPTT0N
That certain real property situate in the City of San Rafael,
County of X.arin, State of California, described as follows:
BEGINNING at a point in the westerly line of Parcel One as
described in the deed from i'cPhailIs, Inc., a California
corporation to George H. Dexter, Jr. and Geraldine Lorraine
Dexter. recorded July 31, 1972 in Book 2594 of Official Recorgs
at pate 169, Barin CoBnty Records, which point bears North 11 50'
East called North 11 45' East in said deed) 739.86 ft. from the
southwesterly corner of said Parcel One: running thence fEom
said point of beginning along said westerly line North 11 50' East
40.22 ft. to the northwesterly corner of said Parcel One; thence
along the northerly line of Parcels 0$e and Two as conveyed to
Dexter in the aforesaid deed South 76 30'30" East 226.31 ft. to
the northeasterly corner of Parcel Two; thence along the easterly
line of Parcel Two South 11°50' Test (called South 11 4�1 West in
said deed) 46.27 ft.; thenS! leaving said line ?forth 65 00' :Jest
63.08 ft.; thence ?forth 7732' ►'Jest 109.34 ft. and :•:orth 81°12'
97est 55.53 ft. to the point of beginning.
Costa-.ning 8352 sgaare feet.
April 8, 1988
If
Qti r'c ;
-+ 3
No. 229
f
EX
E
OF CA —V/
If