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.
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EXHIBIT B ����
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ACCESS EASEMENT -
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R. M. Bk. 3 - Fps 31-35 incl. '
NOTE—Assessor's Block Numbers Shown in Ellipses.
Assessor's Parcel Numbers Shown in Circles.
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29 A0
89-007
8! )0s
89-002
89-003
B-040
Bk. 175
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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
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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.
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ri ? BONNIL 1. 5N.II8
County end State
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