HomeMy WebLinkAboutCC Resolution 4114RESOLUTION NO. 4114
RESOLUTION ACCEPTING GRANT OF STORM SEWER EASEMENT
WHEREAS, public interest, convenience and welfare require that the easement
hereinafter mentioned be accepted and used for the benefit of the public of
the City of San Rafael, California;
NOW, THEREFORE, be it hereby resolved by the City Council of the City of San
Rafael, California, that that certain grant of right-of-way for the maintenance,
repair, reconstruction and renewal of public storm sewer, executed by
LA TERRA
to the City of San Rafael, dated _ January 7. 1971 , be
and the same is hereby accepted and the Clerk of said City is hereby directed
to cause said conveyance to be duly recorded in the office of the County
Recorder of the County of Marin, State of California, forthwith upon the
adoption of this resolution.
1, MARION A. GRADY 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 Monday, the 18th day of October 19 71
by the following vote, to -wit:
AYES: COUNCILMEN:' Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
10' D. E.
13-031-31
A— e -
MAR ION A. 'GRADY•- Eti 4y Cl#frk
t. '� Pull
4.
LA TERRA, Grantor, of the City of San Rafael, County of Marin,
State of California, does hereby grant and convey to -the CITY OF
SA14 RAFAEL, situated in the County of i•Iarin, State of California,
Grantee, an easement for the construction and maintenance, re?.)air,
alteration, inspection and replacement of a storm drainage channel over the
real property situated in the City of San Rafael, County of Marin,State of California, belonging to Grantor, and more particularly des-
cribed in Exhibit "All attached Hereto, and by this reference made
a part hereof.
Grantee, its heirs and assigns, shall naintain, deepen, and
keep in repair an open Glitch or drain over and across said lands
for the purpose of draining Grantee's and other adjoining parties'
property.
This easement shall remain in full force and effect for twenty-
five (25) years or until a. drainage system satisfactory to the City
of San Rafael has been installed, at v.,hich time Grantee will sive a
Quite Claire Deed .to Grantor, its heirs or assigns.
So long as the lands of LA TEI;ILI remain in their present un-
develo:)ed condition, nothing contained Herein shall be construed as
granting, to Grantee the right to require a drainage system as set
forth above. However, if Duffy Place is ever extended, or the un-
develo )ed property of La Terra, its successors, or assigns, is developed
and Grantee requires a drainage syster= in connection therewit;i,
Grantee will thele reconvev said easenent, as described in Exhibit e'A"
attached hereto, by Quit Claim Deed to Grantor, its successors cr
assigns.
STATE OF CALIFORNIA, 1
•-- ---- ---County of t-1 a r i n
F Q � r u a r _ en the car on. tieousand nine
On this s t day af------- i---- • - 1 y
E I i ZJue 1 Cy 5uZ.1e�
hundred and- 7 1 _--before
_-bef ore
a Notary Public, State of California, duly commissioned and sworn, personally, appeared
Le.z...-�.._..��.cc�.t t_i X --- hear i o_P _ Gn : I of t i'
known to me to be the person 5 •whose names .are -subscribed to the within instrument
and acknowledged to me that `Jie_ executed the same.
IN WITNESS TYHEREOF I hm,e hereunto set my hand and affixed my official seat
in the—co-int
y of
I L the day and year in this
certificate first above written.Elm
OrFICL•�L FhAL j � � �`lifornLL
,\,'"
CCU
•.iotaryi-ic, tate of Ca
�y Vo. 3 2—A:knowled;went- Gene. -al. My
Co—m-hiss-oII i 1-ir
Coy dery'e Form -- -� -
ic. r. 5^c. uso3; •" F. v7, .a., ;�• c_:T. _�
EXHIBIT "A"
That certain real property situate in the City of San RafaelCountv
of ?Tarin, State of California, described as follows: ,
A strip of land of a uniform width of 10 feet, lying Northwesterly of
and contiguous to the following described line:
BEGINNING at the most Southerly corner of the parcel of land conveyed
to La Terra, Inc., a corporation, by Deed recorded July 11, 1962 in
Book. 1589 of Official Records at pave 510; thence along the Southeasterly
line of said La Terra parcel, North 35° 16' East 168.17 feet to a point.
40Ji t j
RECORDED AT REQUEST OF
r
uity c:
--►N. PAST..__
'UV ` i9✓M.
Official Records of lfark County, Cali
� i
FEE $✓: .
--, RECORDER
L
I00