HomeMy WebLinkAboutCC Resolution 7036 (Sanitary Sewer Easement)RESOLUTION NO. 7036
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN RAFAEL AUTHORIZING EXCHANGE
AND DELIVERANCE OF A QUITCLAIM DEED
TO McPHAIL'S, INC. AND ACCEPTING THE
GRANT OF A SANITARY SEWER EASEMENT
FROM 11McPHAIL' S INC.
WHEREAS, the City of San Rafael is the owner of a sanitary
sewer easement over and across that certain real property more
particularly described in Exhibit "A" attached hereto and in-
corporated herein by reference; and
WHEREAS, the sanitary sewer line previously located in the
easement described in Exhibit "A" hereto has heretofore been re-
located within that strip of real property more particularly des-
cribed in Exhibit "B" attached hereto and incorporated herein by
reference; and
WHEREAS, the public convenience, necessity and welfare re-
quire that the City of San Rafael exchange its easement interests with
respect to the property described in Exhibit "A" for like easement
interests in the property described in Exhibit "B".
NOW, THEREFORE, IT IS HEREBY RESOLVED, ORDERED AND DECLARED
AS FOLLOWS:
1. The appropriate officers of the City of San Rafael be and
they are hereby authorized and directed to execute, exchange and de-
liver to McPhail's, Inc., a quitclaim deed of the City's interest in
and to the real property described in Exhibit "A" hereto for a sani-
tary sewer line easement in, on, and under the real property described
in Exhibit "B" hereto.
2. That the City of San Rafal does hereby accept and
authorize the recordation of a grant of a sanitary sewer easement
from McPhail's, Inc., to the City of San Rafael in, on, and under
that certain real property described in Exhibit "B" attached hereto.
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 February, 1985, by
the following vote, to wit:
AYES: COUNCILMEMBERS:Breiner, Frugoli, Nave, Russom & Chairman Mulrya
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
JEA�M. ONCINI, City Clerk
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*&CORDING REOueSTILD BY
AND WHEN Nlrcosplb WAIL To
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EXHIBIT
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.SPACE ADOVE THIS LINE FOR
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QUITCLAIM DEED ApplecrioaMo
b do iLwa I im a Vale" om.aia..tia.
The CITY Or SAN RAFAEL, a Municipal Corporation
&or.. berebf mutm, nka.e and fora Vut&m to 14cPHAIL' S , INC. , a Corporation
all of Their Rights, Right -of -Way and Easement over
t1w followayt dna$ed lbs! Roper, in Se Um of Califon,. Cauffitf of Marin
C"? 01 San Rafael. Assessor's Parcel No. 13-051-06
13-051-20
PARCEL ONE:
PARCEL 1, as shown upon that certain wap entitled, 'Parcel Map lands of Sacci -8243049 and lands of
San Rafael Redevelopment Agency as described in Book 3763 of Official Records, at Page 449, Marin
County Records, city of San Rafael, County of Marin, State of California, Nay 1982', filed for re-
cord March 24, 1983 in Volt®e 21 of Parcel Maps, at Page 16, Marin County Records.
PARCEL TKO:
BEGINNING at a point in the Southwesterly line of the parcel of land described in the Deed from North-
western Pacific Railroad Company to the State of California dated December 1, 1928 and recorded in
Book 169 of Deeds, at Page 41, Marin County Records, distant thereon South 53.09' Bast 1654.00 feet
from the Sasterly line of Irwin Street in said City of San Rafael, thence South 36.51' West 124.92
feet to a point distant 100.0 feet Ilorthesstarly at right angles from the center line of Northwestern
Pacific Railroad Company's westward main tract: thence South 41.57' East parallel with said center
line of 254.93 feet to a point) thence North 36'51' East 374.80 feet to ■ point in the Southwesterly
line of the parcel of land described in said Desdr thence North 53'09' West thereon 250.00 feet to the
point of beginning.
EXCEPTINC THEREFROM that certain parcel of land described in the Deed from John McPhail, at al, to the
6tate of California, recorded December 19, 1940 in Book 405 of Official Records, at page 259, Karin
County Records.
ALS- EXCErTING THEREFROM that certain parcel of land described in the Deed from John McPhail, at al,
tothe State of California, recorded July 31, 1950 in Book 654 of Official Records, at page 47,
Karin County Records,
THE spEclrIc PURPOSES or THIS INSTRUMENT is to ea:tinguiah from the public record the following Rights
of way which had been in favor of the Grantors:
Il) Grant of Right of Nay for maintenance of Public Sanitary Sever recorded April 17, 1946 in
Boot. 513 of Official Records, at page 271, Karin County Records.
(21 Grant of Right of Mal for maintenance of Publir Sanitary Bever recorded April 11, 1946 1n
Book SDS of Official Records at psoe 461, Karlr County Records.
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EXHIBIT B
GRANT OF EASEMENT FOR CONSTRUCTION
AND MAINTENANCE OF SANITARY SEWER
McPHAIL'S, INC., a California Corporation (hereinafter
called 11Grantor" without regard to number or gender) for on adequate consideration
hereby GRANTS and convoys to the CITY OF SAN RAFAEL, a municipal corporation, an
EASEMENT over the strip of land hereinafter described for the purpose of laying
down. Installing, constructing, renewing, Inspecting, maintaining, repairing and
using a public sanitary sewer on or under sold strip of land together with the
right of ingress thereto and egress therefrom. In, on and across said strip of
land and the contiguous real property of Grantor.
Said strip of land is located In the City of San Rafael, County of Marin,
State of California, and Is more particularly described as follows;
BEGINNING at Lhe east Southerly corner of Parcel 1, as shown upon that certain nap entitled, 'Parcel Map
Lands of 8e cci anC Lands of Sen Rafael Redevelopment Agency, City of Sen Rafael, County of Marin, State
of Ce lifornia', filed for record March 24, 1963 in Volume 21 of Parcel Maps, at Page 16, Marin County
Records, running thence from said point of beginning end long the Southwesterly line of said Parcel 1
end the 6outhvesier ly line of the Lands of McPhail'■ Inc., described in Book 2]0 of Ofti tial Recorda
at Page 591, Merin County Records, North 10. 27' 10' "eat (called North tl' S7' Mesi in the McPhail '•
deed) 405.29 feet to the Southwesterly corner of the McPhail's oarce 1, thence along the Northwesterly
line thereof North 36. 51' east 10.20 feet, thence leaving said line and running South 40. 23' 10'
East 319.77 feet, thence South 51' So' Last 03.32 feet to a point on the Southeasterly line of Parcel 1,
parcel map above described, thence along said line South 36' 36' 39' Nest, 27.17 feet to the point of
beginning
Grantor shall not plant, piece or deposit anything in or on said .strip of
land which will damage or Interfere with any of the rights granted hereunder nor
shall Grantor erect or construct any building or other structure or drill or
operate any well within said strip of land.
The provisions hereof shall inure to the benefit of and bind the heirs,
successors. and assigns of the respective parties hereto.
IN WITNESS WHEREOF, Grantor has executed those presents, this day of
. 19
STATE OF CALIFORNIA )
as.
COUNTY OF MARIN )
On this day of , 15 , before me
Notary Public in and for the said County and State residing
therein, duly comm issloned and sworn, personally appeared
and known to me to be the persons whose names are
subscribed to the within instrument, and acknowledged to we that they executed same.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed ny official seal
the day and year In this certificate first above written.
My Consnlsslon Expires; Notary Public In and for said
County and State
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