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HomeMy WebLinkAboutCC Resolution 7638 (Sun Valley Open Space Public Access)RESOLUTION NO. 7638 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING GRANT OF PEDESTRIAN EASEMENT AND AUTHORIZING EXECUTION OF RIGHT-OF-WAY CONTRACT FOR PUBLIC ACCESS TO SUN VALLEY OPEN SPACE 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 of easement for pedestrian purposes from the San Rafael School District to the City of San Rafael and Marin County Open Space District for access to Sun Valley Open Space lands, dated September 23, 1987, 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 hereby authorized to execute on behalf of the City of San Rafael, a Right -of -Way contract with the San Rafael School District and Marin County Open Space District for acquisition of the aforementioned pedestrian easement. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 2nd day of November, 1987, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANJZ LEONCINI,\City erk ORIGINAY.7638 Sun Valley Open Space Easement THIS CONTRACT is made and entered into by and between the MARIN COUNTY OPEN SPACE DISTRICT, a political subdivision of the State of California, the CITY OF SAN RAFAEL, a Municipal Corporation hereinafter designated "DISTRICT/CITY" and SAN RAFAEL SCHOOL DISTRICT OF MARIN COUNTY, -CALIFORNIAT a political subdivision, hereinafter designated "SCHOOL." WITNESSETH: WHEREAS, SCHOOL is the owner of that certain property situated in the County of Marin, State of California, more particularly described in Exhibit "A" and depicted on Exhibit "B", which exhibits are attached hereto and incorporated herein by reference; and WHEREAS, it is necessary that DISTRICT/CITY acquire a permanent easement as described above for the use of a trail for pedestrian purposes; and WHEREAS, it is the mutual desire of the parties hereto to provide for acquisition of said easement from SCHOOL by DISTRICT/CITY. NOW, THEREFORE, IT IS AGREED by and between SCHOOL and DISTRICT/CITY hereto as follows: 1. SCHOOL and DISTRICT/CITY set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for the conveyance to DISTRICT/CITY of said permanent easement and shall relieve DISTRICT/CITY of all further obligations on this account. 2. SCHOOL agrees to convey the above permanent easement to DISTRICT/CITY free and clear of all liens and encumbrances excepting. those on record. COPY 3. SCHOOL agrees that it will, upon acceptance and execution of this Right -of -Way Contract by DISTRICT/CITY, execute and deposit to COUNTY a Grant Deed of Easement conveying the above described easement. Said deed shall be accompanied by appropriate escrow instructions requiring the recordation of said Deed of Easement. 4. SCHOOL hereby agrees to grant the above conveyance in consideration of the work to be performed by DISTRICT/CITY for the good of the community. 5. The DISTRICT/CITY shall have a period of sixty (60) days from and after the date hereof within which to accept and execute this Right -of -Way Contract and during said period of sixty (60) days this contract shall constitute an irrevocable offer by SCHOOL to enter into a contract with DISTRICT/CITY on the terms and conditions set forth herein. 6. The DISTRICT/CITY, under said agreement, shall require contractor performing work to name SCHOOL as additionally insured on liability policy. 7. DISTRICT/CITY shall indemnify, defend and hold SCHOOL harmless from any liability or for personal injury or property damage arising out of the use of the easement granted pursuant to this agreement. DISTRICT/CITY, under said agreement, shall reimburse DISTRICT for costs of advertising the Resolution of Intent to Grant Easement and for any legal costs incurred. Total payment for costs will not exceed FIVE HUNDRED DOLLARS ($500.00). IN WITNESS WHEREOF, the parties have executed this contract the day and year specified below. Date SAN RAFAEL SCHOOL DISTRICT L 17 VICE -PRESIDENT, BOARD OF TRUSTEES ATTEST' 2. MARIN COUN'T'Y OPEN SPACE DISTRICT / CITY OF SAN RAFAEL /. A#ff!,% �b OF DIRECTORS MAYOR, CITY OF SAN RAFAEL ATTEST: SECRETARY DATE: 98"7 3. ATTEST: V.Ei2iC OF THE OF SAN RAFAEL DATE: EXE' U IT A SAN RAFAEL SCHOOL DISTRICT OF MARIN COUNTY, CALIFORNIA, a political subdivision, hereby Grants to MARIN COUNTY OPEN SPACE DISTRICT, a public district of the State of California and the CITY OF SAN RAFAEL, a municipal corporation, an easement for pedestrian purposes situated in the City of San Rafael, County of Marin, State of California, described as follows: A pedestrian easement 15 feet wide, lying 7.5 feet on each side of the following described centerline: BEGINNING at a point in the northeasterly line of Fifth Avenue at a point which lies South 37° 34' East 29.00 feet from the most westerly corner of the lands of the San Rafael School District described in a deed recorded December 29, 1950 in Book 679 of the Official Records of Marin County at page 44; thence North 34° 20' 41" East 140.00 feet; thence North 43° 01' East 315.37 feet to the end point of said centerline; said end point lies South 51° 25' East 7.52 feet from the most northerly corner of said lands of the San Rafael School District. i \ EXHIBIT B ���� Sa�22 / u� JI J_ �/ Jl /p eti i I Ac. c/ P ?)p P 03 56.83 Ac. MT. TAMALPAIS CEMETERY X. Bk IO ,goel to. rj 3 !D �P 01- z BU O 33 Bk. 10 19 ACCESS EASEMENT - v pias Cemefery, Sec. R. M. Bk. 3 - Fps 31-35 incl. ' NOTE—Assessor's Block Numbers Shown in Ellipses. Assessor's Parcel Numbers Shown in Circles. 0'. 29 A0 89-007 8! )0s 89-002 89-003 B-040 Bk. 175 0 Bk.10 05 Assessor's Map Bk.177--Pg.24 County of Marin, Calif. ' A.P. No. 177-140-12 CERTIFICATE OF ACCEPTANCE OF GRANT OF INTEREST IN REAL PROPERTY THIS IS TO CERTIFY that the interest in real property conveyed by the Grant Deed of Easement dated September 23, 1987 from SAN RAFAEL SCHOOL DISTRICT OF MARIN COUNTY, CALIFORNIA, to the MARIN COUNTY OPEN SPACE DISTRICT, a Public District of the State of California, is hereby accepted by order of the Board of Directors of the Marin County Open Space District on - o,:Lt .' --)-6 / 1� S- 7 and the grantee consents to the recordation thereof by its duly authorized officer. DATED: �— �r� / 9k 7 4dnt,nd of Directors ATTEST: Secretar WHEN RECORDED RETURN TD County of Mein Department or Public worts Real FAttue Section P. O. Box 4196, Civic Canter Stn Rafael, CA 949134196 Atm: PHILIP DATES SPACE AAOVF. THIS LINE FOR RFCORIIFR ;C USE A. P. NO. 177-240.11 � , l \ l /�J l; l; lA► fu l• 1. l; 11 : \ l� SAN RAFAEL SCHOOL DISTRICT OF MARIN COUNTY, CALIFORNIA, apolitical subdivision, hereby Grants to MARIN COUNTY OPEN SPACE DISTRICT, a public district of the State of California and the CITY OF SAN RAFAEL, a municipal corporation, an easement for pedestrian purposes situated in the City of San Rafael, County of Marin, State of California, described as follows: A pedestrian easement 15 feet wide, lying 7.5 feet on each side of the following described centerline: BEGINNING at a point In the northeasterly line of Fifth Avenue at a point which lies South 37, 34' East 29.00 feet from the most westerly corner of the lands of the San Rafael School District described In a deed recorded December 29, 1950 In Book 679 of the Official Records of Merin County at page 44; thence North 34' 20' 41' East 140.00 feet; thence North 43° 01' East 315.37 feet to the end point of said centerline; said end point lies South 51" 25' East 7.52 feet from the most northerly comer of said lands of the San Rafael School District.1I�_ WITNESS our hands this 23 day of �h�X ,1957. SAN RAFAEL SCHOOL DISTRICT OF MARIN COUNTY, CALIFORNIA L By:sbU- f vk President i L. U Superintendent Copy STATE OF CALIFORNIA ) ---' COUNTY OF MARIN ) On this 23 day of September 198-L—, before me, Bonnie J. Smith a Notary Public in and for the said County end State, residing therein. duly commissioned and sworn, personally appeared Bruce Scott known to me (or proved to me on the basis of satisfactory evidence) to be the President of the San Rafael School District of Marin County California that executed the within document and acknowledged to me that said San Rafael School District of Merin County, California did execute the same. a IN WrJ7MS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this Certificate first above written. oFncv_ s �u ri ? BONNIL 1. 5N.II8 County end State W/bN�gAt, r, Ce.,.. r.y.., w: le 1►00 NOTARY PURL in talidSor ni :............... .