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HomeMy WebLinkAboutCC Resolution 7481 (Ghilotti Family Trust Easement)RESOLUTION NO. 7481 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING CONVEYANCE OF LANDSCAPE EASEMENT FROM THE GHILOTTI BROS. FAMILY TRUST - KERNER BOULEVARD ASSESSMENT DISTRICT, SAN RAFAEL, CALIFORNIA WHEREAS, the public interest, convenience, necessity 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, BE IT RESOLVED that the City Council of the City of San Rafael, California, does hereby accept that certain easement deed, dated October 1, 1986, for and on behalf of the City of San Rafael for landscape purposes from the Ghilotti Bros. Family Trust, all as more particularly described and set forth in the attachment hereto and incorporated herein by reference; said deed is 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 and close of escrow. 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 19th day of January, 1987, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom JE . LEONUIffCiyty Clerk ir R I ug", I �Ii A 1 7,4/ff / Escrow No. 138303 "B" RLT: t -j Date: October 1, 1986 First American Title Company of Marin 600 Fifth Avenue, P.O. Box 1289 San Rafael, California 94902 Gentlemen: There is deposited herewith the following: Easement Deed from the undersigned and in favor of the City of San Rafael You are hereby authorized and directed to deliver and/or record the above documents as an accommodation, without demand on the part of the undersigned and without liability on the part of First American Title Company. It is understood that no search of the title of the subject property has been made by you and no representation has been made regarding the status of said title. There is also deposited herewith the sum of $ —el to be disbursed as follows: Address: THE GHILOTTI BROS. FAMILY TRUST, an interviv�os trust ted June 29, 1984 Richer William G ilotti �haeocNeil GGa ,y Burton Kirc ner Order No: 138303 RLT "B" Escrow No. Loan No. WHEN RECORDED MAIL TO. City of San Rafael 1400 5th Ave., San Rafael, Ca. 94901 MAIL TAX STATEMENTS TO: same as above SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $7-..Q ........ MME ... DUE .......... ...... Computed on the consideration or value of property conveyed; OR ...... Computed on the consideration or value less liens or encumbrances remaining at time of sale. First American Title Companv Signature of Declarant or Agent determining tax — Firm Name EASEMENT ® E E D FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RICHARD WILLIAM GHILOTTI, MICHAEL MARIO GHILOTTI, PATRICK J. MC NEIL, GARY E. NOTTI AND BURTON R. KIRCHNER, Trustees of THE GHILOTTI BROS. FAMILY TRUST, AN INTER VIVOS TRUST CREATED JUNE 29, 1984 hereby GRANT(S) to CITY OF SAN RAFAEL, a Public Corporation the real property in the City of San Rafael County of Marin , State of California, described as LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF Dated—October 1, 1986 STATE OF CALIFORNIA A Iss. COUNTY OF On AiOI�I�N`gE�' -qA) )q R�a before me, the undersigned, a Notary Public in and for said State, per- sonally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same. THE GHILOTTI BROS. F LY -TRUST, a er viv t ted June 21f 84 R chard,Iliaamh' ^ G 1 t i Trustee -M c ael Mario hi i, Tru e farick J. Neil, Trustee i, T�stee I�/71 x1 n R. rchner, Trustee r ••'-°:;;:/ NOCAROL. Z. 19PPKE TARY PUf,3LICr'LALIFORf:A —`s Principal Oflics in WF MiN Caun;, 13y Commissior Cxpaw.- Sept. 5,!00 WITNESS my hand and official seal. � p (This area for offir.ial notarial seal) Signature S�� b'� 1002 (6/82) MAIL TAX STATEMENTS AS DIRECTED ABOVE T C [C E U N r C U E Q Li C N 0 0 0 C c M C1 E U N v E a LL m N m 0 0 ch STATE OF CALIFORNIA ) SS COUNTY OF MARIN ) On December 2, 1986, before me the undersigned, a Notary Public in and for the State of California, personally appeared PATRICK J. McNEIL, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged he executed it. N TARY P LIC OFFICIAL SEAL ~� = ff07,1RY PBCUC -CAI PRINCIPAL OFFICE I-, ), MARIN CCU., v G!y Ccmm. Expires Cxem!:r 7, 19;5 I STATE OF CALIFORNIA _1 Iss. COUNTY OF. _M_P__r"- I On_n � 19 qi� -,before me, the undersigned, a Notary Public in and for said State, personally appeared__...- - - - - - - - ��g-�.p personally known to me (or proved to me on the basis of satis- r ` factoryevidence) to be the person(s)whose name (s)is/are sub- Y��ea, „ ©L i3.'EAL # scribed to the within instrument and acknowledged tome that (--�`�_,F.1 NOl ARY PUBLIC -CALIFORNIA he/she/they executed the same. ��; s,1J Principal Office m MARIN County ) ''�s My Commission Expires Sept, 5.1989M lrn .y r V V•,f V'r Y r r W r r r Y WITNESS my hand and official seal. Signature - -.. (This area for official notarial seal) 1 STATE OF CALIFORNIA Iss. COUNTY OF—WAX-9-1 f- I �MAJO — -,before me, the undersigned, a Notary Public in and for said State, personally appeared,___ _ �4_ MQf-t 0 9--b Lam Signature_ �� (This area for official notarial seal) i STATE OF CALIFORNIA l Iss. COUNTY OF.-VIIICa„T'-'',N I On��b-before me, the undersigned, a Notary Public in and for said State, personally /a�peared personally known to me (or proved to me on the basis of satis- factoryevidence) to be the person(s) whose name(s) is/are sub- ^ J OFFICIAL SEAL fitt� CAROL B. LIPPKE scribed to the within instrument and acknowledged to me that ti•--= m�f•:, NOTARY PUBLIC -CALIFORNIA he/she/they executed the same. #4J Principal Office In MARIN County ,� Pi1y Commission Expires Sept. 5. 1989 WITNESS my hand and official seal. v ✓r"r` ' '.rvwYr "�� +� Signature+ -a /��_ �� ` TA."� (This area for official notarial seal) personally known to me (or proved to me on the basis of satis- factory evidence) to be the person(s) whose name(s) is/are sub--=�•., �_�.,....; T}"� OFFICIAL SEAL -AR Ltt. LIPPEco scribed to the within instrument and acknowledged to me that c:•_,;• NOTARY PUBLIC -CALIFORNIA Principal Office in MARIN County he/she/they executed the same. + 9? My Commission Expires Sept. 5. 1989 r r• • �+ r v . �'.r r r' v r r• yv w v . WITNESS my hand and official seal. Signature_ �� (This area for official notarial seal) i STATE OF CALIFORNIA l Iss. COUNTY OF.-VIIICa„T'-'',N I On��b-before me, the undersigned, a Notary Public in and for said State, personally /a�peared personally known to me (or proved to me on the basis of satis- factoryevidence) to be the person(s) whose name(s) is/are sub- ^ J OFFICIAL SEAL fitt� CAROL B. LIPPKE scribed to the within instrument and acknowledged to me that ti•--= m�f•:, NOTARY PUBLIC -CALIFORNIA he/she/they executed the same. #4J Principal Office In MARIN County ,� Pi1y Commission Expires Sept. 5. 1989 WITNESS my hand and official seal. v ✓r"r` ' '.rvwYr "�� +� Signature+ -a /��_ �� ` TA."� (This area for official notarial seal) DESCRIPTION All that certain real property. situate in the City of San Rafael, County of Marin, State of California, described as follows: A NON-EXCLUSIVE easement for fencing and landscaping purposes, including but not limited to, the installation, maintenance, reconstruction and renewing of said fencing and landscaping facilities and also including the right of ingress and egress over and across said easements over the following described parcel of land: BEGINNING at the most Northerly corner of Parcel 2, as shown on the "Parcel Map of Lands of Morphew, et. al., Recorder's Serial No. 83-08017", recorded June 14, 1983 in Volume 21 of Parcel Maps, at Page 41, Marin County Records, at the intersection of the courses shown as "North 37° 32' 42" East, 439.71 feet" and "South 52° 27' 18" East, 623.40 feet" on said Parcel Map (21 PM 41); thence Northerly along a curve to the left, whose center bears North 520 27' 18" West, having a radius of 60 feet through a central angle of 44° 32' 42"., an arc length of 46.65 feet; thence North 70 00 00" West, 56.00 feet; thence Northerly along a curve to the right whose center bears North 830 00' 00" East, having a radius of 40 feet through a central angle of 58° 00' 00", an arc length of 40.49 feet; thence North 51° 00' 00" East, 94.00 feet; thence Northeasterly along a curve to the left, whose center bears North 39° 00' 00" West, having a radius of 200 feet through a central angle of 170 00' 00", an arc length of 59.34 feet; thence North 340 00' 00" East, 53.00 feet; thence Northeasterly along a curve to the right, whose center bears South 56° 00' 00" East, having a radius of 100 feet through a central angle of 9° 00' 00", an arc length of 15.71 feet; thence North 43° 00' 00" East, 30.00 feet; thence Northeasterly along a curve to the right, whose center bears South 47° 00' 00" East, having a radius of 60 feet through a central angle of 47° 00' 0011, an arc length of 49.22 feet; thence East, 37.00 feet; thence Northeasterly along a curve to the left, whose center bears North, having a radius of 240 feet through a central angle of 14° 00' 00", an arc length of 58.64 feet; thence North 760 00' 00" East, 76.00 feet; thence Easterly along a curve to the right, whose center bears South 14° 00' 00" East, having a radius of 60 feet through a central angle of 31° 00' 00", an arc length of 32.46 feet; thence South 730 00' 00" East, 46.62 feet to an angle point on the exterior boundary of Parcel B, as shown on the "Parcel Map of a Lotline consolidation and resubdivision of Lands of Hanf, Poeschl & WP Partnership - 30 OR 562-564", recorded December 28, 1984 in Book 22 of Parcel Maps, at Page 506 Marin County Records, at the intersection of the courses shown as "North 73 00' 00" West, 8.38 feet" and "North 00 04' 00" East, 69.75 feet" on said last described Parcel Map (22 PM 50); thence along said exterior boundary (22 PM 50) the following courses and distances: South 730 00' 00" East, 8.38 feet; thence Easterly along a curve to the left, whose center bears North 170 00' 00" East, having a radius of 80 feet through a central angle of 31° 20' 48", an arc length of 43.77 feet, and thence North 750 39' 12" East, 10.53 feet to the Northwest corner of Parcel C, as shown on said last described Parcel Map (22 PM 50); thence leaving said exterior boundary (22 PM 50) along the Westerly boundary of said Parcel C (22 PM 50) South 22° 08' 00" East, 5.05 feet; thence leaving said Westerly boundary (22 PM 50) South 75° 39' 12" West, 11.21 feet; thence Westerly along a curve to the right, whose center bears North 140 28' 40" West, having a radius of 85 feet through a central angle of 31° 20' 48", an arc length of 46.50 feet; thence North 73° 00' 00" West, 6.86 feet; thence South 0° 04' 00" West, 5.23 feet; thence North 730 00' 00" West, 49.66 feet; thence Westerly along a curve to the left, whose center bears South 170 00' 00" West, having a radius of 50 feet through a central angle of 31° 00' 00", an arc length of 27.05 feet; thence South 760 00' 00" West, 76.00 feet; thence Southwesterly along a curve to the right, whose center bears North 14° 00' 00" West, having a radius of 250 feet through a central angle of 140 00' 00", an arc length of 51.09 feet; thence West, 37.00 feet; thence Southwesterly along a curve to the left, whose center bears North, having a radius of 50 feet through a central angle of 47° 00' 00", an arc length of 41.02 feet; thence South 430 00' 00" West, 30.00 feet; thence Southwesterly along a curve to the left, whose center bears South 47° 00' 00" East, having a radius of 90 feet through a central angle of 9° 00' 00", an arc length of 14.14 feet; thence South 34 00' 00" West, 53.00 feet-; thence Southwesterly along a curve to the right, whose center bears North 56° 00' 00" West, having a radius of 210 feet through a central angle of 17° 00' 00", an arc length of 62.31 feet; thence South 51° 00' 00" West, 94.00 feet; thence Southerly along a curve to the left, whose center bears South 39° 00' 00" East, having a radius of 30 feet throuph a central angle of 58° 00' 00" an arc length of 30.37 feet; thence South 7 00' 00" East, 56.00 feet; thence Southerly along a curve to the right, whose center bears South 83° 00' 00" West, having a radius of 70 feet through a central angle of 440 32' 42", an arc length of 54.42 feet to the Northeasterly boundary of said Parcel 2 of said first described Parcel Map (20 PM 41); thence along said Northeasterly boundary (20 PM 41) North 52 27' 18" West, 10.00 feet to the point of beginning. 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