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HomeMy WebLinkAboutCC Resolution 7385 (Peacock Gap Impr District)as follows: RESOLUTION NO. 7385 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF GRANT DEED OF EASEMENT FOR INGRESS, EGRESS, AND UNDERGROUND UTILITIES. (To Marin Municipal Water District & to PG&E -Peacock Gap Improvement District Neighborhood Park) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES The Mayor and City Clerk are authorized to execute, on behalf of the City of San Rafael, a grant deed of easement for under- ground utilities to the M.M.W.D. and to P.G. & E., a copy of which is attached hereto, and incorporated herein by this reference. 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 held on the 21st day of July 1986, by the following vote, to wit: AYES: COUNCILMEMBERS: B.reiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEA6ft M. LEONCIN�', Cit C 'e--r—'k Y ORIGINAL C ,,r dl l 1 (Rev 7/85) AFTER RECORL JG RETURN TO: !'r,CIFIC GAS AND ELECTRIC COMPANY Land Department 1.0. Box 2669 an Rafael, CA 94912-2669 cation: City/Uninc cording Fee ,)cumentary Transfer Tax $ Computed on Full Value of Property Conveyed, or Computed on Full Value Less Liens & Encumbrances Remaining at Time of Sale consideration or Value Less Than $100. - 5,anature of declarant or agent determining tax FOR RECORDER'S USE ONLY W.O. 215023D 11 E86537 T2N, R6W Sec. 25 EASEMENT THE CITY OF SAN RAFAEL, a public body of the State of California, first party, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, second party, the right from time to time to construct, reconstruct, install, inspect, maintain, replace, remove, and use facilities of the type hereinafter specified, together with a right of way therefor, within a strip or parcel of land or along a route as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands situate in the Citv of San Rafael County of flari n , State of California, described as follows: (APN 186-470-81 & 90) The parcels of land, one described in the deed from N.Y. Cal Industrial Corp. to the City of San Rafael dated October 10, 1984 and recorded as Official Records Series Number 84052703, Marin County Records, and the other described in the deed from American Savinqs and Loan Association to the City of San Rafael dated October 2, 1984 and recorded as Official Records Series Number 84052103, Marin County Records. Said facilities shall consist of: One or more underground pipes with suitable service pipes and connections for the conveyance of gas; and such underground conduits, pipes, manholes, service boxes, wires, cables and electrical conductors; aboveground marker posts, risers, and service pedestals; underground and aboveground switches, fuses, terminals, and transformers with associated concrete pads; and fixtures and appurtenances necessary to any and all thereof, as second party deems necessary located within the strip of land described as follows: A strip of land of the uniform width of 15 feet extending from the northerly boundary line of LOT #4 as shown upon the map of "Lands of N.Y. Cal Industrial Corp." filed for record in Book 20 of Parcel flaps at page 10, Harin County Records, southeasterly and southwesterly to the GRANTORS COQ` r general southerly boundary line of the parcel of land described in said deed dated October 2, 1984 and lying 7.5 feet on each side of the line which begins at a point in said northerly boundary line and runs thence (1) south 27030.6' east 48.2 feet; thence (2) south 06°51.2' east 62.7 feet; thence (3) south 04000.0' east 76.2 feet; thence (4) south 05039.0' east 67.3 feet; thence (5) south 15010.4' east 36.5 feet; thence (6) south 27031.4' east 109.6 feet; thence (7) south 15043.7' east 63.5 feet; thence (8) south 07002.2' west 84.0 feet; thence (9) south 31022.3' west 77.7 feet; thence (10) south 39039.8' west 70 feet, more or less, to a point in said general southerly boundary line; said point of beginning bears south 52°30' west 41.5 feet distant from the most northerly corner of said LOT #4. first party further grants to second party the right to assign to another public utility as defined in Section 216 of the California Public Utilities Code the right to install, inspect, maintain, replace, remove and use communication facilities within the strip hereinbefore described (including ingress thereto and egress therefrom). IPA �yE ,riid Department 62 31'13 Rev. 3176 SHEET B First party shall not erect or construct ilding or other structure or drill or operate any well within the strio hereinbefore_ The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. IN WITNESS WHEREOF first party has exec8uted these presents his 5th day SAN RAFAEL of SEPTEMBER _ 19 lvt A.`r OR Executed in the presence of: �TNE55 /1 C Prepared JV/dwo Checked OAS- -- STATE OF CALIFORNIA ss. COUNTY OF MARIN Attested by'�.ti�.A G 1 T e -CLF— .K. REDWOOD REGION - Marin Division W.O. 215023D - 11 E86537 Map SS -34-17 - Dwg. M-29 T2N, R6W - M.D.B.&M. Sec. 25 - ElZ of NE 4 FOR NOTARY'S USE ONLY On this _5th day of SEPTEMBER , 1986, before me, JEANNE M. LEONCINI, a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared LA14RE MULRYAN personally known to me . or-proued to-.me._a.n...tbe-basas-a ss-f-a�tet�� -ey+de 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 and affixed my official seal the day and year in this certificate first above written+�,y�,,y, A. OFFICIAL SEAL •JJ <<` ,. ..1. q IEAtv(�� M. U:ON N] hl?iIR'i P:19LIC - CALIrORNIA Principen Office in MARIN COUPITY for 1.1y Commission Expires Oct. 27, 1987 JEANNE t�4: LEONCINI, Nr PUBLI in and said County and State. t%, P O. on, 60 Sen Rnfnel, CA 9,1915000 Aev. 5/85 ,of Wary Map r\ 7.5 I I CC 17 �Cyc'i7c r O�j Dpi V g2 4g;i� 1_ ok-- 3¢-0szia3 dam,; l0- 2 -6�4 �/- Gs z X03 a(q/a 6-6 Ntu, 0 NIO �o_ 10 ��.5/5/p•4£ yo� �y �.L_. �1 z', yftA .T' s� ti A =r4l N Inless otherwise shown 11 courses extend to or long boundaries or lines 4/9 Sp,. p Y, RANCHO, SUBDIVISION, ETC. )Pq '-A- ,S'a,7.{,p Mala "Id Y LOS �a!�i/k�$ C / �Y UC SCALE DATE //��PrgrOr�nd�Qc���iz� ><�Sr, ✓c1' Cit o6�'rsn,fara�ll�cn�a��/ /`=/Gb 8-4-8� SECTION TOWNSHIPRANGE MERIDIAN 25 ' 2N6- 6- vV M,'o = o COUNTY OF A44rr)�7 ( -47) �U DATE DESCRIPTION AUTH. BY CH. R.B.: J V DR. BYt '/ CH. BYI z I IA-UTHORIZATIONIORAWINGNO.1 2/5v23 -.D M-2.9ERENCES Y2 aF N.� �¢ I DIVISION CHG. ++1 t;iwuLAPdI vvdLer uistrlct 2,20, Nelsen Avenue Corte Madera GRANT DEED THIS DEED, made and entered into this 21st day of JULY , 1986, by and between CITY OF SAN RAFAEL, a Municipal Corporation, hereinafter called "Grantor", and MARIN MUNICIPAL NATER DISTRICT, a public corporation, hereinafter called "District", W I T N E S S E T H: That for a good and valuable consideration, receipt whereof is hereby acknowledged, Grantor does by these presents, grant, bargain, sell and convey unto the District, its successors and assigns, the following non-exclusive right-of-way in the County of Marin, State of California, described as follows: A RIGHT-OF-WAY for pipeline or pipelines in the City of San Rafael, County of Marin, State of California: Being over a portion of Lot 4 as shown on the Parcel Map recorded in Book 20 of Parcel Maps at page 22 and a portion of Lot 4 as shown on the Parcel Map recorded in Book 20 of Parcel Maps at page 10, Marin County Rcords and being described as follows: A strip of land 15.00 feet in width, the easterly line of said strip being described as follows: Commencing at the most northerly corner of Lot 4 as delineated on the Parcel Map "Lands of N.Y. Cal. Industrial Corp.", recorded February 2, 1982 in Book 20 of Parcel Maps at page 10, Marin County Records and running thence along the northerly line of said Lot 4 (20 P.M. 10), South 52°30'00" West, 45.00 feet to the True Point of Beginning; thence South 30°30'00" East, 48.80 feet; thence along a tangent curve concave to the east, with a radius of 90.00 feet, through a central angle of 39030'00", for an arc length 62.05 feet; thence South 9°00'00" West, 47.58 feet; thence along a tangent curve concave to the east, with a radius of 250.00 feet, through a central angle of 41000'00"9 for an arc length of 178.90 feet; thence South 32°00'00" East, 27.00 feet; thence along a tangent curve concave to the west, with a radius of 220.00 feet, through a central angle of 68°42'04", for an arc length of 263.79 feet thence along a tangent compound curve concave to the northwest, with a radius of 65.00 feet, through a central angle of 31°47'56", for an arc length of 36.07 feet; thence South 68°30'00" West, 41.96 feet to the Point of Ending, being a point on the northwesterly line of Peacock Drive as delineated on the Subdivision Map "Peacock Gap Neighborhood One -B", recorded May 6, 1985 in Book 19 of Maps at page 45, Marin County Records, and said Point of Ending bearing North 68°30'00" East from the center of said Peacock Drive (19M45) cul-de-sac. The northerly terminus of said strip of land 15.00 feet in width extends to the northerly line of said Lot 4 (20P.M.10) , and the southerly terminus of said strip of land 15.00 feet in width extends to the northerly line of said Peacock Drive (19M45). Said right-of-way is granted and shall be held for and subject to the following conditions. District shall have, and is hereby granted the right to lay, maintain, repair, remove, replace and operate a pipeline or pipelines of such dimension or dimensions as District may elect to install therein together with the right to construct and maintain such meters, valves and other facilities as may be necessary or convenient in connection with the storage, transmission and delivery of water, together with and including reasonable ingress and egress over adjoining lands for the construction, repair and maintenance of such pipeline and facilities. Grantor reserves and shall have the right to revise the grade of the surface or location of such right-of-way provided and only if and when Grantor shall first pay to District the full expense of changing the grade or location of the pipeline and other installations of District therein. In the event of any such change in grade, District will determine if such grade change necessitates the raising or lowering of the pipeline or other installation, and its finding thereon and on expense thereof shall be final. In the event a change in location is desired, Grantor will first deed to District a suitable new right-of-way acceptable to District and covering such change. The right-of-way granted herein shall be and is non- exclusive, and the right is hereby reserved by Grantor to use said right-of-way for any and all purposes which will not interefere with or jeopardize the use of the right-of-way for the said purposes of District; provided however, that no structures, fill, or other improvements shall be placed on or over such right -of -way which will interfere with or impede the free access of District for use, repair, replacement or maintenance of the installations therein. It is expressly agreed that the District shall be under no obligation to install or maintain a roadway or pavement or other surfacing upon the right-of-way and specifically District shall not be liable for any contribution under the provisions of California Civil Code Section 845. Should there be any variations, errors or omissions in the description herein, it is the intention of the Grantor to convey to District a right-of-way over the pipeline and other installations as laid and located. Bearings are based on the Parcel Map recorded in Book 20 of Parcel Maps at Page 10, Marin County Records. IN WITNESS WHEREOF, Grantor has executed these presents the day and year first above written. CITY OF SAN RAFAEL Mayor AttestA . City Clerk STATE OF CALIFORNIA ) ss. COUNTY OF MARIN ) On this 5th day of SEPTEMBER 1986, before me, JEANNE M. LEONCINI, a Notary Pubfic in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared LAWRENCE E. MULRYAN , personally known to me (-or-ppoved-to-•me- err -the-basis-of-satisfa-ctary -Eva denc-e-) 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 and affixed my official seal the day and year in this certificate first above written. OFFICIAL SEAL yy 1 ' ' J[ANN` hi. LEi)Nc1131 _ pIOTn RY PU7e I - CALIlGRNIA �(�L-EONC � )A ��.� K/ i{�rincipai Offlco In fiARlll CO111JTY J(ry[il( ` M Commission Expires Oct. J, 1907 JEANNE�MI, OTAR PUBL C in and for said County and State. 1100 5!h Aye., P O D,60, Son Rnfa-i, CA 94915.0060 ' ' / _,E