HomeMy WebLinkAboutCC Resolution 7171 (Marin County Open Space District)RESOLUTION NO. 7171
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf of
the City of San Rafael, a contract, lease or agreement with
Option to Purchase Agreement Between William T. Murphy and Judith M.
Murphy, Marin County Open Space District and City of San Rafael Re
Murnh Property -AP 10-01 1 -tri _ i nr+� i nrJ Addendum (exni ri l3g fler•emher
1, -19 5)
a copy of which is hereby attached and by this reference made a part
hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly intro-
duced and adopted at a Regular meeting of the City Council of said
City held on Monday the Nineteenth day of Auqust ,
19 85 , by the following vote, to wit:
AYES: COUNCILMEMBERS:Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:Frugoli
•
J NNE M. LEONCINI, City Clerk
OPTION TO PURCHASE AGREEMENT
THIS AGREEMENT, made and entered into this gt day of
A/411VA , 1985, by and between WILLIAM T. MURPHY and JUDITH M.
MURPHY, his wife as joint tenants, hereinafter designated
"SELLER" and the MARIN COUNTY OPEN SPACE DISTRICT, a political
subdivision of the State of California, and the CITY OF SAN
RAFAEL, a municipal corporation, hereinafter designated "DISTRICT/
CITY."
W I T N E S S E T H:
SELLER is the owner of that certain real property in the
City of San Rafael, County of Marin, State of California, more
particularly described in Preliminary Title Report Number 59231 PW,
issued by California Land Title Company of Marin and by reference
incorporated in and made a part of this Agreement as Exhibit "A"
hereof; and
WHEREAS, DISTRICT/CITY desire to enter into an Option to
Purchase Agreement and SELLER is willing to enter into said Agree-
ment for the consideration and upon the terms and conditions here-
inafter set forth.
1. Property to be purchased.
On the terms and subject to the conditions set forth
in this Agreement, SELLER agrees to sell and convey to DISTRICT/
CITY the property described in Exhibit "B" and depicted on
Exhibit "C" as said exhibits are athed and made a part hereof
I!./
by reference, comprising approximately .acres of land
described as Assessor's Parcel 10-011-35, and DISTRICT/CITY agree
to purchase said property from SELLER under the terms and
conditions hereinbelow.
2. Consideration.
DISTRICT/CITY shall pay ONE DOLLAR ($1.00) as the
consideration for the option terms and conditions provided herein.
3. Purchase Price.
the purchase
-1-
C
price of the properties described herein shall be the sum of
FIFTY THOUSAND DOLLARS ($50,000.00) payable contemporaneously
with delivery of a deed to DISTRICT/CITY subject to the terms
and conditions provided herein. Title insurance premium, if
any, revenue stamps on conveyance, recording fees and other
escrow costs shall be borne by DISTRICT/CITY. Taxes shall be
prorated and paid by SELLER as of the date of closing of escrow.
Evidence of title shall be in the form of a standard owner CLTA
policy of title insurance issued by the escrow title company
hereabove mentioned. Real Estate commissions will not be paid
by SELLER nor DISTRICT/CITY.
4. Condition of title.
SELLER shall convey said property to DISTRICT/CITY
subject to the terms and conditions provided herein by Grant
Deed, free and clear of all liens and encumbrances, taxes and
assessments, penalties and costs, leases (recorded and unrecorded),
easements, rights-of-way, bonds and any and all restrictions and
reservations of record other than exception number 4 contained in
the above -referenced Preliminary Title Report as Exhibit "A".
Exception Number 3 of said Preliminary Title Report
refers to an Agreement between SELLER and Aileen K. Newman which
grants a certain roadway and utilities easement to SELLER.
SELLER, prior to the recordation of any grants to the DISTRICT/
CITY, will record a deed of reconveyance to Newman covering said
easement.
5. Term of agreement.
a) Because of special terms of this Agreement by
DISTRICT/CITY that follow below, the term of this
"Option to Purchase Agreement" shall extend
through to and expire December 31, 1985.
b) DICT/CITY will ac owledge this Agreement
ST
X80!����hewi'in'-siiict; date hereinbelow.
c) If DISTRICT/CITY shoiiJd'not ackno,�Jedge this
Agreement within sa say yr-lxe;
-2-
this Agreement shall be terminated and be of
no force and/or effect, all without liability
to either party.
d) During this total time period (to December 31,
1985) Paragraph 5 a) above of this Agreement
shall constitute an irrevocable offer by SELLER
to enter into this Agreement with DISTRICT/CITY.
6. Special Terms of Agreement.
Due to the nature of the Sun Valley Open Space
Project, this Option to Purchase Agreement by DISTRICT/CITY is
subject to the following:
a) The success of a petition by the local neighbor-
hood group.
b) The formation of an Assessment District by the
CITY OF SAN RAFAEL for all of the open space
that is desired to be purchased.
c) The availability of funds from the San Francisco
Foundation (Buck Funds) or other sources.
d) An easement for pedestrian use from Richard and
Marcella Murphy, the owners of the property
adjacent to and westerly of SELLERS. Said pro-
posed easement shall be twenty feet in width
over a strip of land along the easterly and
northerly boundaries of said OWNER'S property.
e) DISTRICT/CITY agree at their sole expense, to
perform all necessary survey functions and to
prepare all deeds and/or documents which will
be required to purchase the herein described
property.
7. DISTRICT/CITY and SELLER have set forth the whole of
their Agreement herein. The performance of this Option to
Purchase Agreement constitutes the entire consideration for said
real property acquisition and shall relieve the DISTRICT/CITY
of all further obligations or claims on this account.
isle
8. This Agreement shall run with the land and shall
inure to the benefit of and be binding upon the successors and
assigns of the SELLER and DISTRICT/CITY.
9. SELLER and DISTRICT/CITY agree that time is of the
essence under this Option to Purchase Agreement.
IN WITNESS WHEREOF, the parties hereto caused this
Agreement to be duly executed the day and year first above
written.
SELLERS:
WILLIAM T. M PHY `
Im .'RC1 1-n
JUDIVR M. MURPHY
Date:
���
DISTRICT/CITY:
MARIN COUNTY OPEN SPACE DISTRICT
President, Board of Directors
ATTEST:
Secretary
Date:
CITY OF SAN RAFAEL:
Mayor
CitAflerk
Date: August 19, 1985
APPROV AS TO M:
i-4-
Gary Rigg�ianti
Cit Attorney
ADDENDUM TO OPTION TO PURCHASE AGREEMENT
This Addendum to Option -to Purchase Agreement is made and
entered into this lith day of AUGUST , 1985, by and among
WILLIAM T. MURPHY and JUDITH M. MURPHY, his wife; the MARIN
COUNTY OPEN SPACE DISTRICT, a political subdivision of the State
of California; and the CITY OF' SAN RAFAEL, a municipal corpora-
tion, and constitutes an Addendum to that certain Option to Pur-
chase Agreement attached hereto and dated March 8, 1985, by and
among the parties.
The CITY OF SAN RAFAEL has determined to execute the
Option to Purchase Agreement involving the lands of WILLIAM T.
and JUDITH M. MURPHY on the express conditon that WILLIAM T.
MURPHY and JUDITH M. MURPHY agree to dismiss with prejudice the
action filed by them in the Marin County Superior Court against
the CITY OF SAN RAFAEL, Action No. , at the time of
close of escrow in connection with acquisition of the property
referred to and described as Marin County Assessor's Parcel No.
10-011-35 by MARIN COUNTY OPEN SPACE DISTRICT and CITY OF SAN
RAFAEL.
By execution of this Addendum to Option to Purchase
Agreement, WILLIAM T. MURPHY and JUDITH M. MURPHY consent to
dismissal of their lawsuit against CITY OF SAN RAFAEL at the time
and in the manner specified hereinabove, and further agree to
provide the CITY OF SAN RAFAEL with a file -marked and endorsed
copy of said Dismissal with Prejudice immediately after filing.
This Addendum to Option to Purchase Agreement is executed
by the respective parties hereto on the dates hereinbelow
specified.
Date:
Date:
, 1985.
, 1985.
Date: , 1985. By
Date: AUGUST 19
WILLIAM T. MURPHY
JUDITH M. MURPHY
MARIN COUNTY OPEN SPACE DISTRICT
Attest:
T1 OF SAN RAFAEL
1985. By4llf_',�
Attest:_dr_,U�� A.
4ra-.�-
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California Land
Title Company
of Marin
California Land Title Company of Marin
1�1
851 IRWIN AT THIRD • P.O. BOX 711 • SAN RAFAEL, CA 94915 • (415) 454-9323
❑ 1704 NOVATO BLVD. • P.O. BOX 845 • NOVATO, CA 94947 • (415) 897-5157
❑ 650 EAST BLITHEDALE AVE. • MILL VALLEY, CA 94941 • (415) 383-8410
PRELIMINARY REPORT
PROPERTY REFERENCE Escrow Officer: PATTY WRIGHT
(Please Confirm) Date: May 25, 1984
Assessor's Parcel Our No. 59231 pW
10-011-35 Your No.
Buyer:
Dated as of ...... May 2.. 10 ....... at 7:30 A.M.
In response to the above referenced application for a policy of title insurance.
CALIFORNIA LAND TITLE COMPANY OF MARIN
hereby reports that is prepared to issue, or cause to be issued, as of the date hereof, a Policy or
Policies of Title Insurance describing the land and the estate or interest therein, hereinafter set
forth, Insuring against loss which may be sustained by reason of any defect, lien or encumbrance
not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant
to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in
the attached list. Copies of the Policy forms should be read. They are available from the office
which issued this report.
THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE
PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY
IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A
POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
The form of policy of title insurance contemplated by this report is:
1. Ca:ifornia Land Title Association Standard Coverage Policy
2. American Land Title Association Owner's Policy Form B ❑
3. American Land Title Association Residential Title Insurance Policy ❑
4. American Land Title Association
Issuir
La) s ide Insurance Corporation
SCHEDULE A
V
Order No. 59231 PW
The estate or interest in the land hereinafter described or referred to covered by this
report is:
A FEE as to Parcel One and
AN EASEMENT as to Parcels Two, Three, Four and Five
Title to said estate or interest at the date hereof is vested in:
William T. Murphy and Judith Murphy, his wife as Joint Tenants, as to Parcel
One; William T. Murphy and Judith Murphy, his wife, as to Parcel Two and
William T. Murphy and Judith M. Murphy, his wife as Joint Tenants, who acquired
title as William T. and Judith M. Murphy as Joint Tenants, as to Parcels Three,
Four and Five
The land referred to in this report is situated in the State of California, County of
Marin City of San Rafael and is described as follows:
DESCRIPTION ATTACHED
WF `WT
DESCRIPTION
ALL THAT CERTAIN real property situate in the City of San Rafael, County of Marin,
State of California, described as follows:
PARCEL ONE:
BEGINNING at the Northerly corner of Parcel One, as shown on the Parcel Map, Lands
of Newman being Parcels described in Deeds recorded in Book 1440 OR 582, 1516 OR
103 and a portion of 274 OR 28, filed February 8, 1973 in Volume 7 of Parcel Maps
at page 149, Marin County Records, thence North 370 04' East 352.53 feet to the
TRUE POINT OF BEGINNING; thence North 370 04' East to the Southwesterly corner
of Lot 7, Map of Newman Highlands, filed lune 6, 1962 in Volume 11 of Maps at page
19, Marin County Records; thence along said line, South 600 45' East 193.8 feet; thence
South 370 04' West to a point that bears South 520 56' East 192.0 feet from the True
Point of Beginning (said point also being the Northerly corner of the parcel of land
described on the deed to lack W. Newman, recorded November 15, 1961 in Book 1516
of Official Records at page 103, Marin County Records); thence North 520 56' West
192.0 fet to the true point of beginning.
PARCEL TWO:
A NON EXCLUSIVE Roadway Easement for ingress and egress purposes and utilities
easement over the following described real property, a strip of land, 25 feet in width
lying West of and adjacent to the following described line:
BEGINNING at a point on the Northerly line of a 20 foot roadway easement; said
point also being the Southerly corner of Parcel 2B, as shown in Volume 14 of Parcel
Mas at page 53, Marin County Records; thence from said point of beginning North
38 35' East 347.89 feet to an angle point in said Parcel 213 above referred to; thence
continuing North 380 35' East to a point on the Northerly line of said Parcel 2B; said
point being the termination of said easement
PARCEL THREE:
AN EASEMENT for roadway and public utilities over that portion of Parcel 2B, as
shown on that certain Parcel Map entitled, "Parcel Map of Division of Parcel 2 Lands
of Newman (7 Parcel Maps 149), San Rafael, Marin County, Calif.", filed November
9, 1977 in Volume 14 of Parcel Maps at page 53, Marin County Records shown thereon
and designated as "roadway and public utilities easement appurtenant to Parcel 2A."
PARCEL FOUR:
AN Easement for roadway purposes twenty (20) feet in width, the center line of which
is described as follows:
BEGINNING at a point which bears South 520 33' 19" East 31.50 feet from the most
Northerly corner of Parcel 2B, as shown on that certain map entitled, "Parcel Map of
Division of Parcel 2 Lands of Newman 0 Parcel Maps 149) San Rafael, Marin County,
Calif.;', filed for record November 9, 1977 in Volume 14 of Parcel Mags at page 53,
Marin County Records; thence leaving said point of beginning, South 25 55' 12" West
54.317 feet; thence South 190 29' West 74.479 feet; thence aong a curve to the right,
which center bears North 700 31' West 58.00 West, an arc length of 34.502 feet,
through a central angle of 340 051, which radius is 58.00 feet; thence on a curve to
the left, which center bears South 360 26' East 35.00 feet an arc length of 37.609
feet, a radius of 35.00 feet through a central angle of 61 34; thence South a 00,
East 37.00 feet; thence South 60 51' West 1267 feet to a point of termination, which
said point of termination lies South 510 25' East 13.00 feet from the most Easterly
corner of Parcel 2A, as shown on the above mentioned parcel map.
PARCEL FIVE:
A Slope Easement of varying widths of up to thirty (30) feet from the outer extremities
of Parcel Four hereinabove for road construction and maintenance purposes
SCHEDULE B
Order No. 59231 PW
At the date hereof exceptions to coverage in addition to the printed Exceptions and
Exclusions in the policy form designated on the face page of this report would be as
f ollows:
1.
General
and special County and
City taxes f or the fiscal year 1984-1985, a lien
not yet
payable.
2.
The lien
of supplemental tares,
if any, assessed pursuant to the provisions of
Chapter
498, Statutes of 1983 of the State of California.
3.
Terms, Provisions and Conditions contained in that certain Agreement recorded
October
12, 1979 in Book 3625
of Official Records at page 686, Marin County
Records
4.
Notice of
Violation (Subdivision
Map Act) executed by the City of San Rafael,
recorded
January 18, 1982 as
Recorder's Serial No. 82-01767, Marin County
Records
TAX NOTE:
General and special County and Cit taxes for the fiscal year 1983-1984 have
been paid in full in the amount of 189.94.
Assessor's Parcel No. 10-011-35 Code Area 8-000
CHAIN OF TITLE:
Title of the vestees herein was acquired six months or more preceding the date
hereoL
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I I.
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (CONTINUED)
3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1979
EXCLUSIONS
In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and
zoning ordinances and also laws and regulations concerning:
• land use • land division
• Improvements on the land • environmental protection
This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date.
3. Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy Date - unless they appeared in the public records.
• that result in no loss to you
• that first affect your title after the Policy Date - this does not limit the labor and material lien coverage In Item 8 of
Covered title Risks
4. Failure to pay value for your title.
5. Lack of a right:
• to any land outside the area specifically described and referred to in Item 3 of Schedule A. or
• in streets, alleys, or waterways that touch your land.
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
SCHEDULE B - EXCEPTIONS
In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
Part I
(a) Any rights, interests or claims of parties in possession of the land not shown by the public records.
(b) Any easements or liens not shown by the public records.
This exception does not limit the lien coverage in Item 8 of Covered Title Risks.
(c) Any facts about the land which a correct survey would disclose and which are not shown by the public records.
This exception does not limit the forced removal coverage in Item 12 of Covered Title Risks.
(d) Any water rights, claims or title to water on or under the land.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this poiicy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or
regulating or prchibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any
improvement now or hereafter erected on the land, or prohibiting a separation In ownership or a reduction in the dimensions or
area of the land, or the effect of any violation of any such law, ordinance or governmental regulation.
2 Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the
public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured
claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of
Policy or at the date such claimant acquired on estate or interest insured by this policy or acquired the Insured mortgage and
not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured
hereunder; (c) resulting in no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy
(except to the extent Insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is
afforded herein as to assessment for street improvements under construction or completed at Date of Policy).
4. Unenforceability of the lien of the insured mortgage because of failure of the Insured at Date of Policy or of any subsequent
owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated.
A'F
I
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1973
SCHEDULE B
This policy does not insure against loss or damage, nor against costs, attorneys' tees or expenses, any or all of which arise by reason of the
following.
Port I
1. Taxes or assessments which are not shown as existing liens
by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or
assessments, or notices of such proceedings, whether or not
shown by the records of such agency or by the public records.
2. Any facts, rights, Interests or claims which are not shown by
the public records but which could be ascertained by an in-
spection of the land or by making inquiry of persons In pos-
session theeof.
3. Easements, liens or encumbrances, or claims thereof, which
are not shown by the public records.
4. Discrepancies, conflicts In boundary lines, shortage in area,
encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims, (b) reservations or excep-
tions in patents or in Acts authorizing the Issuance thereof, (c)
water rights, claims or title to water.
6. Any right, title, Interest, estate or easement In land beyond
the lines of the area specifically described or referred to in
Schedule A, or In abutting streets, roads, avenues, alleys, lanes,
ways or waterways, but nothing In this paragraph shall modify or
limit the extent to which the ordinary right of an abutting owner for
access to a physically open street or highway Is insured by this
policy.
7. Any law, ordinance or governmental regulation (including
but not limited to building and zoning ordinances) restricting or
regulating or prohibiting the occupancy, use or enjoyment at the
land, or regulating the character, dimensions, or location of any
Improvement now or hereafter erected on the land, or prohibiting
a separation in ownership or a reduction in the dimensions or
area of the land, or the effect of any violation of any such k3w,
ordinance or governmental regulation.
8. Rights of eminent domain or governmental rights of police
power unless notice of the exercise of such rights appears in the
public records.
9. Defects. liens, encumbrances, adverse claims, or other
matters (a) created, suffered, assumed or agreed to by the
Insured claimant; (b) not shown by the public records and not
otherwise excluded from coverage but known to the insured
claimant either at Date of Policy or at the date such claimant
acquired an estate or interest Insured by this policy or acquired
the insured mortgage and not disclosed in writing by the insured
claimant to the Company prior to the date such insured claimant
became an insured hereunder; (c) resulting in no loss or damage
to the insured claimant; (d) attaching or created subsequent to
Date of Policy; or (e) resulting in lass or damage which would not
have been sustained if the Insured claimant had been a pur-
chaser or encumbrancer for value without knowledge. .
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 (AMENDED 10-17-70)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation (Including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any Improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect
of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public
records at Date of Policy.
3. Defects, liens, encumbrances, adverse Claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company and not shown by the public records but known to the Insured claimant either at Date of Policy or at the
date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the Company prior
to the date such Insured claimant became an Insured hereunder; (c) resulting in no toss or damaga to the insured claimant; (d) attaching
or created subsequent to Date of Policy, (e) resulting in loss or damage which would not have been sustained if the Insured claimant had
paid value for the estate or interest Insured by this policy.
(List of Printed Exceptions and Exclusions Continued on Reverse Side)
EXHIBIT "B"
ALL THAT CERTAIN real property situate in the City of San Rafael, County of
Marin, State of California, described as follows:
PARCEL ONE
COMMENCING at the northerly corner of Parcel One, as shown on that certain
map entitled, "Parcel Map, Lands of Newman Being Parcels described in Deeds
recorded in Book 1440 O.R. 5829 1516 O.R. 103 and a portion of 274 O.R. 28,
San Rafael, Marin Co., California," recorded February 8, 1973 in Volume 7 of
Parcel Maps at page 149, Marin County Records; running thence from said
POINT OF COMMENCEMENT North 37' 04' East 352.53 feet to the TRUE POINT OF
BEGINNING; thence North 37° 04' East 472.7 feet, more or less, to the south—
westerly corner of Lot 7, Map of Newman Highlands, recorded June 6, 1962 in
Volume 11 of Maps at page 19, Marin County Records; running thence along
said line South 60° 45' East 193.8 feet; thence South 37° 04' West 499.0'+
feet, more or less, to a point that bears South 52° 56' East 192.0 feet from
the TRUE POINT OF BEGINNING (said point also being the northerly corner of
the parcel of land described on the deed to Jack W. Newman, recorded
November 15, 1961 in Book 1516 of Official Records at'page 103, Marin County
Records); running thence North 52° 56' West 192.0 feet to the TRUE POINT OF
BEGINNING.
Containing an area of 2.14 acres, more or less.
PARCEL TWO
A NON EXCLUSIVE Roadway Easement for ingress and egress purposes and utili—
ties easement over the following described real property, a strip of land,
25 feet in width lying westerly of and adjacent to the following described
line:
BEGINNING at a point on the northerly line of a 20—foot roadway easement;
said point also being the southerly corner of Parcel 2B, as shown on that
certain Parcel Map entitled, "Parcel Map of Division of Parcel 2 Lands of
Newman (7 Parcel Maps 149), San Rafael, Marin County, Calif.", recorded
November 9, 1977 in Volume 14 of Parcel Maps at page 53, Marin County
Records; running thence from said Point of Beginning North 38° 35' East
347.89 feet to an angle point in said Parcel 2B above referred to; thence
continuing North 38° 35' East to a point on the northerly line of said
Parcel 2B; said point being the termination of said easement.
PARCEL THREE
AN EASEMENT for roadway and public utilities over that portion of Parcel 2B,
as shown on that certain Parcel Map entitled, "Parcel Map of Division of
Parcel 2 Lands of Newman (7 Parcel Maps 149), San Rafael, Marin County,
Calif.", recorded November 9, 1977 in Volume 14 of Parcel Maps at page 53,
Marin County Records; shown thereon and designated as "roadway and public
utilities easement appurtenant to Parcel 2A."
Page 2
PARCEL FOUR
AN EASEMENT for roadway purposes twenty feet in width, the center line of
which is described as follows:
BEGINNING at a point which bears South 52° 33' 19" East 31.50 feet from the
most northerly corner of Parcel 2B, as shown on that certain map entitled
"Parcel Map of Division of Parcel 2 Lands of Newman (7 Parcel Maps 149), San
Rafael, Marin County, Calif.", filed for record November 9, 1977 in Volume
14 of Parcel Maps at page 53, Marin County Records; thence leaving said
Point of Beginning South 25° 55' 12" West 54.317 feet; running thence South
19° 29' West 74.479 feet; thence along a curve to the right, the center of
which bears North 70° 31' West, an arc length of 34.502 feet, through a
central angle of 34° 05', which radius is 58.00 feet; thence on a curve to
the left, the center of which bears South 36° 26' East, an arc length of
37.609 feet, a radius of 35.00 feet through a central angle of 61' 34';
running thence South 80 00' East 37.00 feet; thence South 6° 51' West 12.67
feet to a point of termination, which said point of termination lies South
51° 25' East 13.00 feet from the most easterly corner of Parcel 2A, as shown
on the above mentioned parcel map.
PARCEL FIVE
A SLOPE EASEMENT of varying widths of up to thirty feet from the outer
extremities of Parcel Four hereinabove for road construction and maintenance
purposes.
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