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HomeMy WebLinkAboutResolution No. 5088RESOLUTION NO. 5088 RESOLUTION AUTHORIZING EXECUTION OF GRANT DEED FROM THE CITY OF SAN RAFAEL TO MARIN MUNICIPAL WATER DISTRICT, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA BE IT RESOLVED by the City Council of the City of San Rafael, Marin County, California, that the Mayor of the City of San Rafael be authorized to sign, and the City Clerk be authorized to attest, that certain grant deed from the City of San Rafael to Marin Municipal Water District, which said agreement is attached hereto. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the City Council of the City of San Rafael, Marin County, California, at a regular meeting thereof, held on the 2nd day of February . 1976, by the following vote, to wit: NOES: ABSENT: Councilmen: None Councilmen: None MARION A. GRADY, City Clerk, City of San Rafael, Marin County, California OR191P� A[ C.C. AGENDA ITEM N0. 4 COPY 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 shall be final. In the event a change in location is desired, Grantor will first deed to District a new right-of-way suitable to District and covering such change. The right-of-way granted herein shall be and is nonexclusive, and the right is hereby reserved by Grantor to use said right-of-way for any and all purposes which will not interfere with or jeopardize the use of the right-of-wav for the said purposes of District; provided however, that no strictures, 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 tinder no obligation to install or nnaintain a roadway or pavement or other surfacing upon the right-of-way except such as it may find to be convenient for its own purposes, 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 ommissions 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. IN WITNESS WHEREOF, Grantor has executed these presents the day and year first above written. CITY OF SAN RAFAEL And Refer to Drawing:GI-5-31 C.C. AGENDA ITEM N0. 4 Copy THIS [DENTURE, made and entered into this day of , 1975, by and between THE CITY OF SAN RAFAEL, a Municipal Corporation, hereinafter called "Grantor" and MAR1N MUNICIPAL WATER DISTRICT, a public corporation, hereinafter called "District", WITNESSETH: 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 right-of-way in the County of Marin, State of California, described as follows: A RIGHT-OF-IVAY for pipeline or pipelines and access purposes over Parcel A as described in Exhibit i of the Amended Final Order of Coademnation, City of San Rafael, Plaintiff vs. Francisco Company, et al, Defendants recorded in Book 2888 of Official Records at Page 124-A Marin County Records mora particularly described as follows: Parcel A A Right -of -Way for pipeline or pipelines and access purposes over that 10 foot water line Easement and Public Utilities Easement as shown in Assessment Diagram Number 23 as shown on the Assessment Diagram of East San Rafael Drainage Assessment District No. 1, City of San Rafael, Marin County, California, recorded April 7, 1972 in Book One of Naps of Assessment Districts at Page 62, Marin County Records. Said right-of-way is granted and shall be held for and subject to the following terms and 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 constructior, repair and maintenance of such pipeline and facilities.