HomeMy WebLinkAboutResolution No. 6000RESOLUTION NO. 6000
RESOLUTION OF THE CITY OF SAN RAFAEL ACCEPTING GRANT DEED
FOR DRAINAGE EASEMENT AND AUTHORIZING EXECUTION OF ESCROW
INSTRUCTIONS AND RIGHT OF WAY CONTRACT, EAST SAN RAFAEL
DRAINAGE ASSESSMENT DISTRICT NO. 2
WHEREAS, the public interest, convenience, necessity and
welfare require that the drainage easement hereinafter mentioned be
accepted and used for the benefit of the public of the City of
San Rafael, California; and
WHEREAS, as a requirement of the conveyance and acceptance
of said drainage easement, the City must execute certain escrow in-
structions and a right of way contract;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of San Rafael, does hereby accept that certain Grant Deed from
Samuel W. Gardiner, dated MARCH 1 , 1976, and the drainage easement
described therein, a copy of which Grant Deed is attached hereto and
incorporated herein by reference, and the Clerk of said City is hereby
directed to cause said Grant Deed to be duly recorded in the Office of
the Marin County Recorder upon the adoption of this resolution.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are
hereby authorized to execute on behalf of the City of San Rafael, the
required escrow instructions in the amount of $3,026.00 and the right of
way contract necessary to complete the conveyance of said drainage ease-
ment, a copy of which instructions and right of way contract are attached
hereto and incorporated herein by reference.
I, MARION A. GRADY, Clerk of the City of San Rafael, California,
HEREBY CERTIFY that the foregoing resolution was duly and regularly intro-
duced and adopted at a REGULAR meeting of the Council of said CITY held on
the 1ST day of MARCH, 1976, by the following vote, to wit:
AYES: COUNCILMEN : Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN • None
ABSENT: COUNCILMEN : Nixon
MARION A. GRADY, City Clerk
el",
GRANT OF EASEMENT FOR CONSTRUCTION
AND MAINTENANCE OF STORM DRAIN
SAMUEL W. GARDINER (hereinafter
called "Grantor" without regard to number or gender) for an adequate consideration
hereby GRANTS and conveys 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 storm drain on or under said 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;
SEE ATTACHED LEGAL DESCRIPTION
Grantor reserves title and right of use for all purposes not incompatible
with drainage easement.
Grantor shall not plant, place 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 these presents, this �_ day of
ISO 76
a Gardiner
STATE OF CALIFORNIA )
ss.
COUNTY OF MARIN )
On this 1st day of March , 19 76 , before me
Jeanne M. Leoncini , Notary Public in and for the said County and State residing
therein, duly commissioned and sworn, personally appeared Samuel W. Gardiner
and known to me to be the persons whose names are
subscribed to the within instrument, and acknowledged to me that they executed 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.
My Commission Expires;
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- GONZALEZ & OBERKAMPER
CIVIL ENGINEERS INC.
April ll, 1975
Job No, 115 -?3
15' DRAINAGE EASEMENt,
LANDS OF SAMUEL W. GA11DINER
Beginning at the northwest corner of the
from Fairview Lands Parcel of land described in
recorded December 22 I 1959 . to Harry S. Winblad and Vivienne I. deed
420, Marin Count in Book 1333 of Official Winblad
423, 40 feet; thence South 37'32 42 uranin thence Records, at Page
27'18" g North 520271181, West,
East, 423. 40 feet; thence North 3 7.151 ZitEfeet- thence South 52"
Point of Beginning, 7 32 42 East, 15. 00 feet to the
Containing 0. 1458 acres, more or less.
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