HomeMy WebLinkAboutCC Resolution 4343120 RECORDED AT REQUEST OF
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RESOLUTION N0. 4343 p Q,
° ' JAN -21973
Official Records of Marin Gounf ,Galin
RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY o o C
FEE f - RECORDER
WHEREAS, the public interest, convenience, necessity and ,
welfare require that the real property hereinafter mentioned be
accepted and used for the benefit of the public of the City of San
Rafael, California;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of San Rafael, California, does hereby accept that certain deed
for and on behalf of the City of San Rafael and the real property des-
cribed therein, all as more particularly described and set forth in
Exhibit A attached hereto and incorporated herein by reference, and
the Clerk of said City is hereby directed to cause said deed 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 resolu-
tion.
I, MARION A. GRADY, Clerk of the City of San Rafael, Cali-
fornia HEREBY CERTIFY that the foregoing resolution was duly and re-
gularly introduced and adopted at a regular meeting of the Council
of said City held on the 20th day of November _ 1972 ,
by the following vote, to -wit:
AYES- COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEM: None
MARION A. GRADY
Clerk of the City of San Rafael
Re: Control Area, Nike Battery 93
San Rafael, D -Calif -1004
il A
Nike Battery 93
D -Calif -1004
QUITCLAIM DEED
THE UNITED STATES OF AMERICA, acting by and through the Secretary of the Interior.
acting by and through the Director, Bureau of Outdoor Recreation, under and pursuant
to the power and authority contained in the provisions of the Federal Property and
Administrative Services Act of 1949 (63 Stat. 337), as amended, and particularly
as amended by Public Law 485, 91st Congress, and regulations and orders promulgated
thereunder (hereinafter designated "Grantor"), for and in consideration of the
perpetual use of the hereinafter described premises as and for public park and public
recreation area purposes, by the City of San Rafael (hereinafter designated "Grantee"),
does hereby release and quitclaim to Grantee, and to its successors and assigns, all
Grantor's right, title and interest in and to the Control Area, San Francisco Defense
Area Nike Battery 93, San Rafael, California, located in Marin County, and consisting
of the following described lands and interests in lands:
PARCEL 1 (Tract A-100-1)
Being a tract of land, situated within the Northeasterly corporated limits of the
City of San Rafael and which tract of land is a portion of that certain tract of
land, now or formerly owned by the Marin Title Guaranty Co., a corporation, as
described in that certain deed dated 20 December 1954, recorded 3 January 1955 in
Volume 911, of Official Records, pace 521, records of County of Marin, State of
California. The tract of land is described by bearings, distances and coordinates
in terms of State of California Plane Coordinate System (Lambert Conformal projection.)
Zone III California and which is described in the U.S. Coast and Geodetic Survey
Special Publication No. 253 and based locally on a U.S. Coast and Geodetic Survey
Triangulation Station "Hind", which is described in U.S. Coast and Geodetic Survey
Special Publication entitled "Triangulation Description Book No. 445, San Francisco
Bay and Vicinity, California". The coordinates as given for Station "Hind" are
y = 550,118.90 feet, x = 1,424,106.86 feet. The tract of land is also being described
by Deed or True North bearings and i..hich are shown in parenthesis 0ith the word
"Deed" after each course. The basic deed bearing used in this description is the
deed bearing of North 6000'00" West. given for the common boundary line of the land
of the McNear Co. (Book 87 Deeds,page 245) and the land formerly owned by Adrian
M. McMahan (Volume 300, OR, page 475) at the southerly extremity thereof; said tract
of land being more particularly described as follows:
Beginning at a point on the land of the Marin Title Guaranty Co.: said point
of beginning (Lambert Coordinate, y = 551,263.42 feet, x = 1,422,827.56 ft.) bears
South 4013120" E, 486.16 feet (S.5°40'20" E. Deed) from the common property corner
of the lands acquired by deed by the McNear Company as recorded in Book 87 of
Deeds, page 245 (Marin County Records), the lands of the aforedescribed Marin Title
Guaranty Company and the southerly extremity of the tract of land formerly owned by
Adrian M. McMahan as recorded in Volume 300, Official Records, page 475, Marin
County Records. The said junction point is herein identified as being the point of
beginning of that certain parcel of land which was described in the deed dated 2
August 1935 by Ada I. McMahan to Adrian Mabry McMahan and recorded 3 August 1935 in
Volume 300 of Official Records, on page 475. The said property junction point is
also the point of intersection of the property fence line and is marked by an 18"
oak stump with Registered Engineer's Survey Marks, R.E. 3230 and R.E. 4560. (The
Lambert Coordinates given for the junction point are y = 551,748.26 feet, x = 1,422,
791.77 feet); thence from said point of beginning South 46°00'00" East, 218.87 feet
(S. 47027'00" E. Deed); thence South 44000'00" West, 212.89 feet (S. 42033'00" W.
Deed); thence North 70025'00" West, 128.32 feet (N. 71052'00" W. Deed); thence North
7040'00" East, 183.78 feet, (N. 6°13'00" E. Deed); thence North 47020'00" East,
118.08 feet, (N. 45)53100" E. Deed) to the point of beginning.
Containing 1.113 acres of land more or less.
PARCEL 2 (Tract A-100-2)
Being a tract of land situated within the Northeasterly corporated limits of the
City of San Rafael and which tract of land is a portion of that certain tract of
land, now or formerly owned by the Marin Title Guaranty Co., a corporation as
described in that certain deed dated 20 December 1954, recorded 3 January 1955 in
Volume 911, of Official P,ecords, page 521, records of County of Marin, State of
California. The tract of land is described by bearings, distances and coordinates
in terms of State of California Plane Coordinate System (Lambert Conformal Projection)
Zone III California and which is described in the U.S. Coast and Geodetic Survey
Special Publication No. 253 and based locally on a U.S. Coast and Geodetic Survey
Triangulation Station "Hind", which is described in U.S. Coast and Geodetic Survey
Special Publication entitled "Triangulation Description Book 445, San Francisco Bay
and Vicinity, California". The coordinates as given for Station "Hind" are
y = 550,118.90 feet, x = 1,424,106.86 feet. The tract of land is also being des-
cribed by Deed or True North Bearings and which are shown in parenthesis with the
word "Deed" after each course. The basic deed bearing used in this description is
the deed bearing of North 6000'00" [vest, given for the common boundary line of the
land of the McNear Co. (Book 87 Deed, page 245) and the land formerly owned by
Adrian M. McMahan (Volume 300 OR, page 475) at the Southerly extremity thereof; said
tract of land being more particularly described as follows:
Beginning at a point (Lambert Coordinates y = 551,691.85 feet, x = 1,423,044.61
feet) on the common property line of the land of the McNear Company as recorded in
Book 87 of Deeds, page 245, Marin County Records and the lands of the aforesaid
Marin Title Guaranty Co.; said point of beginning bears South 77025120" East 259.05
feet (South 78051100" East, Deed) from the junction point of the aforedescribed lands
and the southerly extremity of the tract of land formerly owned by Adrian M. McMahan
as recorded in Volume 300 of Official Records, Page 475, Marin County Records. The
said junction point is herein identified as being the point of beginning of that
certain tract of land which was described in deed dated 2 August 1935 by Ada I. McMahan
to Adrian Mabry McMahan and recorded 3 August 1935 in Volume 300 of Official Records,
on page 475, Marin County Records. The said common property junction point is also
the point of intersection of the property fence lines and is marked by an 18" Oak
stump with Registered Engineer's Survey Marks, RE 3230 and RE 4560: (The Lambert
Coordinates given for the junction point are y = 551,748.26 feet, x = 1,422,791.77
feet). Thence from said point of beginning and running along the property line of
the land of the aforesaid Marin Title Guaranty Co. South 77025'20" East 21.91 feet
(South 78051'00" East, Deed) to a 1 1/2" iron pipe; thence South 87043'40" East 85.45
feet, (South 89010'00" East, 85.44 feet, Deed) thence South 69049100" East 71.30 feet
(South 71023100" East, 71.29 feet, deed) to a 2" iron pipe; thence South 49051'30"
East 84.39 feet (South 51022'00" East 84.88 feet, Deed) to a 2" iron pipe; thence
South 25007'45" East 272.42 feet (South 26035100" East. 272.43 feet, Deed) and South
36048150" East, 19.19 feet (South 38015100" East, Deed) to a point, Lambert Coordinates
y = 551,342.69 feet, x = 1,423,409.99 feet; thence leaving the common property line
of the Marin Title Guaranty Co. and the McNear Company, South 44000'00" West 21.11
feet (South 42033'00" West, Deed) to a point; thence North 46000100" West 70.00 feet
(North 47027'00" West,Deed); thence North 36°41'20" West, 204.00 feet (North 38008'20"
West, Deed); thence North 57018'40" West, 235.00 feet (North 58045'40" West, Deed) to
a point; thence North 32041120" East 25.02 feet, (North 31014120" East, Deed), to a
point on the aforesaid common property line, said point being the true point of beginning.
- Containing 0.73 of an acre of land, more or less.
PARCEL 3 (Tract A-101)
Being a tract of land situated along the top of the main ridge known as the San Pedro
Ridge in the township of San Rafael and which tract of land is a portion of that
certain tract of land now or formerly owned by the Latipac, Incorporated, as described
in the deed dated 29 March 1956 in Book 1018 of Official Records, on Page 576, records
of Marin County, State of California. The tract of land is described by bearings,
distances and coordinates in terms of the State of California Plane Coordinate System
(Lambert Conformal Projection) Zone III, California, and which is described in the
U.S. Coast and Geodetic Survey Special Publication No. 253 and based locally on a
U.S. Coast and Geodetic Survey 'triangula tion Station "Hind", which is described in
U.S. Coast and Geodetic Survey Special Publication entitled "Triangulation Description
Book No. 445, San Francisco Bay and Vicinity, California". The coordinates as given
for Station "Hind" are y = 550,118.90 feet, x = 1,424,106.86 feet. The tract of land
is also described by Deed or true North bearings and which are shown in parenthesis
2
F.
Ir
with the word "Deed" after each course. The basic deed bearing used in this des—
cription is the Deed bearing of North 6"00100" Fest, given for the common boundary
line of the land of the Latipac, Incorporated, (Book 1018, OR, Page 576) and the land
now or formerly owned by Louis H. Leonardi, et al (Book 805, OR, Page 442) at the
Southerly extremity thereof; said tract of land being more particularly described
as follows:
Beginning at a point (Lambert Coordinates, y = 551,691.85 feet, x = 1,423,044.61
feet) on the common property line of the land of the Latipac, Incorporated (Book
1018, OR, Page 516) and the land of the Marin Title Guaranty Co. (Book 911, OR,
Page 521);said point of beginning bears South 77025'20" East 259.05 feet (South
78 51100" East, Deed) along the aforesaid common property line from the junction point
of the aforesaid lands and the Southerly extremity of the tract of land, now or
formerly owned by Louis H. Leonardi, et al, (Book 805, OR, Page 442). The said
junction point is herein identified as being the point of beginning of that certain
tract of land which was described in the deed dated 2 August 1935 by Ada I. McMahan
to Adrian Mabry McMahan as recorded 3 August 1935, in Volume 300 of Official Records,
on page 475. The said common property junction point is also the point of intersection
of the property fence line and is marked by an 1811 oak stump with Registered Engineer's
Survey Marks RE 3230 and RE 4560. (The Lambert Coordinates given for the junction
point are y = 551,748.26 feet, x = 1,422,791.77 feet). Thence from said point of
beginning North 32041'20" East 87.22 feet (North 31014'20" East, Deed); thence North
85 35100" East, 244.08 feet (North 84008100" East, Deed); thence South 30000100"
East 369.92 feet (South 31027'00" East, Deed); thence South 44000'00" West 138.96 feet
(South 42033100" West, Deed) to a point on the common property line of the land of
the aforesaid Latipac, Incorporated, and the Marin Title Guaranty Co.
(NOTE: The deed bearings and distances described herein for the common property line
are taken from the deed of the Marin Title Guaranty Co., Volume 911, OR, Page 521,)
said point having Lambert Coordinates y = 551,342.69 feet, x = 1 423,409.99 feet,
thence from said point on the said common property line North 36x48'50" West 19.19
feet (North 38015'00" West, Deed) to a 1/2{1 iron pipe with tag stamped "RE 3230'';
thence North 25°07'45" West 272.42 feet (North 26 35'00" West 272.43 feet, Deed) to
a 2" iron pipe marked "RE 3230"; thence North 49°51'30" West 84.39'feet (North 51°
22'00" West 84.88 feet, Deed) to a iron pipe with tag stamped "RE 3230"; thence
North 69049100" West 71.30 feet (North 71023'00" West 71.29 feet, Deed); thence North
87043'40" West 85.45 feet (North 89'10'00" West 85.44 feet, Deed) to a 1 1/2" iron
pipe with tag stamped "RE 3230"; thence North 77025'20" West 21.91 feet (North 780
51100" West, Deed) to a point, said point being the true point of beginning.
Containing 1.43 acres, more or less.
PARCEL 4 (Tract 226)
All that portion of that certain real property situated in the County of Marin,
State of California, and being in the land, now or formerly owned by Louis H. Leonardi
and Charles 0. Prince (Volume 805, O.R., page 442) and which land is shown as Lot 128
on the unrecorded map of "Santa Venetia Area", a copy of the aforesaid map is on
file in the office of the County Assessor, Count, of Marin, and in assessor's Book 13,
Sleepy Hollow Maps, and being more particularly described as follows:
NOTE: Bearings and distances used in this description are based on Lambert Conformal
Projection (State Plane Coordinate System) Zone III, California.
Beginning at the easterly corner of the tract of land herein being described, said
easterly corner bears North 7°04'501' West, 2111.97 feet from the south corner of
the aforesaid land of Louis H. Leonardi and Charles 0. Prince. The last said south
corner is the common property junction point of the lands of Marion C. Stetson,
(Bk 205, Deeds, page 131) Marin Title Guaranty Co., (Book 911, O.R., Page 521) Latipac,
Incorporated, (Book 1018, O.R., page 579) and the aforesaid Louis H. Leonardi and
Charles 0. Prince and is marked with an engineer's survey marker and tag "RE 4.560 and
RE 3230 set in 18" oak stumg"; thence from said point of beginning South 26048' West,
12.00 feet; thence North 63 12' West, 22.00 feet; thence North 26 48' East, 12.00 feet:
thence South 63012' East, 22.00 feet to the point of beginning and containing 0.006 of
an acre of land, more or less.
3
Grantor does hereby further release and quitclaim to Grantee, and to its successors
and assigns, subject to the reservations, exceptions, restrictions, conditions
and covenants hereinafter expressed and set forth, all Grantor's right, title and
interest in and to the following described permanent easements.
EASEMENT PARCEL 1 (Tract A100 -E-1)
A perpetual and assignable easement and right of way in, upon, under, over and
across the below described parcel for the location, construction, operation, main-
tenance, patrol, replacement and/or removal of an access road and underground water
pipeline, together with the right to trim, cut, fell and remove therefrom all trees,
underbrush and obstructions, and any other vegetation, structures, or obstacles
within the limits of the right of way; reserving, however, to the owners thereof,
their heirs, executors, administrators, successors and assigns, the right of ingress
and egress in, over and across said land in common with the City of San Rafael and
its assigns.
All that certain real property situate in the County of Marin, State of California,
described as follows:
Being a tract of land situated within the Northeasterly corporated limits of the City
of San Rafael and which tract of land is a portion of that certain tract of land, now
or formerly owned by the Marin Title Guaranty Co., a corporation, as described in
that certain deed dated 20 December 1954, recorded 3 January 1955 in Volume 911, of
Official Records, page 521, records of County Marin, State of California. The tract
of land is described by bearings, distances and coordinates in terms of State of
California Plane Coordinate System (Lambert Conformal Projection) Zone III California
and which is described in the U.S. Coast and Geodetic Survey Special Publication
No. 253 and based locally on a U.S. Coast and Geodetic Survey Triangulation Station
"Hind", which is described in U.S. Coast and Geodetic Survey Special Publication
entitled "Triangulation Description Look 445, San Francisco Bay and Vicinity,
California". The coordinates as given for Station "Hind" are y = 550,118.90 feet,
X = 1,424,106.86 feet. The tract of land is also being described by Deed or True
North bearings and which are shown in parenthesis with the word "Deed" after each
course. The basic deed bearing used in this description is the deed bearing North
6000'00" West,given for the common boundary line of the land of the McNear Co.
(Book 87 Deed, page 245) and the land formerly owned by Adrian M. McMahan (Volume
300 OR, page 475) at the Southerly extremity thereof; said tract of land being more
particularly described as follows:
Being a strip of land for road purposes forty feet in width; lying 20 feet on each
side of the following described center line:
Beginning at a point (Lambert Coordinates y = 551,715.37 feet, x = 1,422,939.19 feet)
on the common property line of the lands of the Latipac, Inc. as recorded in Book
1018 of Deeds, page 516, Marin County Records, and the lands of the aforesaid 'Marin
Title Guaranty Co.; said point of beginning bears South 77025'20" East 151.04 feet,
South 78051100" East, Deed) from the junction point of the aforedescribed lands and
the Southerly extremity of the tract of land formerly owned by Adrian M. McMahan
as recorded in Volume 300 of Official Records, page 475, Marin County Records. The
said junction point is herein identified as being the point of beginning of that
certain tract of land which was described in the deed dated 2 August 1935 by Ada I.
McMahan to Adrian Mabry McMahan and recorded 3 August 1935 in Volume 300 of Official
Records, on page 475, Marin County Records. The said common property junction
point is also the point of intersection of the property fence lines and is marked by
an 18" oak stump with Registered Engineer's Survey Marks, RE 3230 and RE 4560 (The
Lambert Coordinates given for the junction point are y = 551,748.26 feet, x = 1,422,
791.77 feet); thence from said point of beginning and along a curve to the left, the
center of said curve bears radially `north 41°13'32" East, 350 feet (North 3946'12"
East, Deed) and whose central angle is 8032'12" for a distance of 52.15 feet; thence
South 57018'40" East 231.27 feet (S 58045140" East, Deed); thence on a curve to the
right whose radius is 250 feet and ;hose central angle is 22037120" for a distance
4
of 98.71 feet; thence South 34041'20" East 152.37 feet (South 36008'20" East, Deed);
thence South 46000100" East, 234.78 feet (South 47027'00" East, Deed) to a point
on an existing unimproved road and the point of ending of the center line for the
access road right of way herein being described, excepting from the above described
land an 0.03 acre area located along the Northeasterly boundary of the herein
described land which is included within the limits of Tract A-100-2, containing 0.68
of an acre, more or less.
EASEMENT PARCEL 2 (Tract A -100E-2)
A perpetual and assignable easement and right of way in, on, over and across the
below described parcel for the location, construction, operation, maintenance patrol,
replacement and/or removal of an electric cable line together with the right to
trim, cut, fell and remove therefrom all trees, underbrush and obstructions, and
any other vegetation, structures or obstacles within the limits of the right of way;
reserving, however, to the landowners, their heirs, executors, administrators,
successors and assigns all such uses, rights and privileges as may be exercised and
enjoyed without interference with or abridgment of the easement hereby granted.
All that certain real property situate in the County of Marin, State of California,
described as follows:
Being a tract of land situated within the Northeasterly corporated limits of the
City of San Rafael and which tract of land is a portion of that certain tract of
land, now or formerly owned by the Marin Title Guaranty Co., a corporation, as
described in that certain deed dated 20 December 1954, recorded 3 January 1955 in
Volume 911, of Official Records, page 521, records of County of Marin, State of Cali-
fornia. The tract of land is described by bearings, distances and coordinates in
terms of State of California Plane Coordinate System (Lambert Conformal Projection)
Zone III California and which is described in the U.S. Coast and Geodetic Survey
Special Publication No. 253 and based locally on a U.S. Coast and Geodetic Survey
Triangulation Station "Hind" :jhich is described in U.S. Coast and Geodetic Survey
Special Publication entitled "Triangulation Description Book 445, San Francisco Bay
And Vicinity, California". The coordinates as given for Station "Hind" are
y = 550,118.90 feet, x = 1,424,106.86 feet. The tract of land is also being described
by Deed or True North bearings and which are shown in parenthesis with the word
"Deed" after each course. The basic deed bearing used in this description is the
deed bearing of North 6°00'00" West, given for the common boundary line of the land
of the McNear Co. (Book 87 Deed, page 245) and the land formerly owned by Adrian M.
McMahan (Volume 300 Or, page 475) at the Southerly extremity thereof; said tract of
land being more particularly described as follows:
Being a strip of land for a cable line right of way 10 feet in width, being 5 feet
either side of the following described center line:
Commencing at the common property corner of the lands acquired by deed by the McNear
Company as recorded in Book 87 of Deeds, page 245 (Marin County Records) the lands
of the aforedescribed Marin Title Guaranty Company and the Southerly extremity of
the tract of land formerly owned by Adrian M. McMahan as recorded in Volume 300 of
Official Records, page 475, Marin County Reocrds, the said junction is herein
identified as being the point of beginning of that certain parcel of land which was
described in the deed dated 2 August 1935 by Ada I. McMahan to Adrian Mabry McMahan
and recorded 3 August 1935 in Volume 300 of Official Records on page 475. The said
property junction point is also the point of intersection of the property fence lines
and is marked by an 18" oak stump with Registered Engineer's Survey Marks, RE 3230
and RE 4560 (The Lambert coordinates given for the junction goint are y = 551,748.26
feet, x = 1,422,791.77 feet); thence from said point South 4 13120" East, 486.16 feet
(South 5040120" East, Deed) to a point (Lambert Coordinates y = 551,263.42 feet,
X = 1,422,827.56 feet) thence South 46 00'00" East 108.87 feet (South 47°27'00" East,
Deed) to a point, said point being the true point of beginning; thence from said point
North 44°00'00" East 470.00 feet (North 42033100" East, Deed) more or less, to a
point on the Easterly boundary of a 40 foot strip of land used for road purposes,
said point being the point of ending.
61
Containing 0.09 of an acre of lard, more or less, of which .Ol acres are embraced
within the limits of Tract No. A -100E-1 hereinabove described leaving a net area
of 0.08 acre.
EASEMENT PARCEL 3 (Tract A -101E-1)
A perpetual and assignable easement and right of way in, upon, under, over and
across the below described parcel for the location, construction, operation, main-
tenance, patrol, replacement and/or removal of an access road and underground
water pipeline, together with the right to trim, cut, fell and remove therefrom all
trees, underbrush and obstructions, and any other vegetation, structures, or
obstacles within the limits of the right of way; reserving, however, to the owners
thereof, their heirs, executors, administrators, successors and assigns, the right of
ingress and egress in, over and across said land in common with the City of San
Rafael and its assigns.
All that certain real property situated in the County of Marin, State of California,
described as follows:
Being a tract of land situated along the top of the main ridge known as the San Pedro
Ridge in the township of San Rafael and which tract of land is a portion of that
certain tract of land now or formerly owned by the Latipac, Incorporated, as described
in the deed dated 29 March 1956 in Book 1018 of Official Records, on page 576,
Records of Marin County, State of California. The tract of land is described by
bearings, distances and coordinates in terms of the State of California Plane Coordi-
nate System (Lambert Conformal Projection) Zone III, California, and which is describeC
in the U.S. Coast and Geodetic Survey Special Publication No. 253 and based locally
on a U.S. Coast and Geodetic Survey Triangulation Station "Hind which is described
in U.S. Coast and Geodetic Survey Special Publication entitled "Triangulation
Description Book No. 445, San Francisco Bay and Vicinity, California". The coordinate=
as given for Station "Hind" are y = 550,118.90 feet, x = 1,424,106..86 feet. The tract
of land is also described by Deed or True North bearings and which are shown in
parenthesis with the word ''Deed' after each.course. The basic deed bearing used in
this description is the deed bearing of North 6000'00" West, given for the common
boundary line of the land of the Latipac, Incorporated, (Book 1018, OR,page 576) and
the land now or formerly owned by Louis H. Leonardi, et al (Book 805, OR, page 442)
at the Southerly extremity thereof; said tract of land being more particularly
described as follows:
Being a strip of land for road purposes forty feet in width, the sides of said strip
to be prolonged or shortened so as to terminate on property lines, and lying along
and/or contiguous to an existing unimproved road, the centerline of the strip of land
being more particularly described as follows:
Beginning at a point (Lambert Coordinates, y = 552,768.38 feet, x = 1,442,710.59 feet)
on the common property line between the land now or formerly owned by L. H. Leonardi,
et al (Volume 805, OR, page 442) and the aforesaid land of the Latipac, Incorporated
(Volume 1018, OR, Page 576); said point of beginning bears North 4033100" West,
1023.35 feet, (North 6000100" West, Deed) along said common property line from the
common property junction point of the above described lands and the land of the Marin
Title Guaranty Co. (Volume 911, OR, Page 521) and the land of Marion C. Stetson,
(Book 205, Deeds, page 131); thence from said point of beginning South 69°19'10"
East, 23.57 feet, (South 70046110" East, Deed) to the point of beginning of a curve
to the right with a radius of 210.00 feet and a central angle of 81057'10" for a dis-
tance of 300.37 feet; thence South 1203810011 West, 25.17 feet (South 11011'00" West. Dead)
to the point of beginning of a curve to the left with a radius of 225.00 feet and a
central angle of 36021155" for a distance of 142.81 feet; thence South 2343'55"
East, 44.86 feet (South 25010'55" East, Deed) to the point of beginning of a curve to
the right with a radius of 180.00 feet and a central angle of 41 58'25" for a distance
of 131.86 feet; thence South 18014'30" West, 223.99 feet, (South 16047'30" West, Deed)
to the point of beginning of curve to the left with a radius of 80.00 feet and a
central angle of 27049'10" for a distance of 38.84 feet; thence South 903414011 East,
r�
12.21 feet (South 11001140" East, Deed) to the point of beginning of a curve to the
left with a radius of 350.00 feet and a central angle of 39011'48" for a distance
of 239.44 feet to a point on the common property line of the aforesaid land of the
Latipac, Incorporated and the land of the Marin Title Guaranty Co., and the point
of ending of the centerline of the strip of land herein being described; the
last said point being a "point on curve" from a radius which bears North 41013132"
East, 350.00 feet (North 39046'12" East, Deed) and is furthermore described as
bearing South 77025120" East, 151.04 feet (South 78051' East, Deed) along last said
common property line from the first described common property corner junction point.
Containing 0.67 of an acre, more or less.
EASEMENT PARCEL 4 (Tract A -100-E-3)
Perpetual and assignable easements for a restrictive sight clearance area in, on,
over and across the below described parcel consisting of the continuing perpetual
right to cut, remove or trim trees, bushes, shrubs, or any other perennial growth
or undergrowth extending above the maximum permissive elevation as set forth in the
tract description; the right to remove; raze or destroy those portions of buildings
other structures, and land extending above the maximum permissive elevation; the
right to prohibit the future construction of buildings or other structures infringing
upon or extending into or above the maximum permissive elevation; the right of
ingress to and egress from the above referenced tract for the purpose of exercising
the rights hereinabove set forth;
Reserving, however, to the landowners, their heirs, executors, administrators, suc-
cessors and assigns, all right, title, interest and privilege as may be exercised
and enjoyed without interference with or abridgment of the easements and rights
hereby granted.
All that certain real property situate in the County of Marin, State of California,
described as follows:
Being a restrictive easement limiting the maximum permissive heights of objects,
which are obstructions or potential obstructions to a maximum elevation of 1035 feet
above mean sea level.
Being a tract of land situate within the Northeasterly corporated limits of the Citt-
of San Rafael and which tract of land is a portion of that certain tract of land nok
or formerly owned by the Marin Title Guaranty Co., a corporation, as described in
that certain deed dated 20 December 1954, recorded 3 January 1955 in Volume 911 of
Official Records, Page 521, Records of County of Marin, State of California. The
tract of land is described by bearings, distances and coordinates in terms of State
of California Plane Coordinate System (Lambert Conformal Projection) Zone III,
California, and which is described in the U.S. Coast and Geodetic Survey Special
Publication No. 253 and based locally on a U.S. Coast and Geodetic Survey Triangu-
lation Station "Hind" which is described in the U.S. Coast and Geodetic Survey
Special Publication entitled "Triangulation Description Book 445, San Francisco Bay
and 'Vicinity, California". The coordinates as given for Station "Hind" are y = 550.
118.90 feet, x = 1,424,106.86 feet. The tract of land is also being described by
Deed or True North bearings and which are shown in parenthesis with the word "Deed"
after each course. The basic deed bearings used in this description is the deed
bearing of North 6000100" West, given for the common boundary line of the land of
the McNear Co. (Book 87 Deed, Page 245) and the land formerly owned by Adrian M.
McMahan (Volume 300 OR, page 475) at the Southerly extremity thereof, said tract
of land being more particularly described as follows:
Beginning at a point which is the common property corner of the lands acquired by
deed by the McNear Company as recorded in Book 87 of Deeds, Page 245 (Marin County
Records); the lands of the aforedescribed Marin Title Guaranty Company and the
Southerly extremity of the tract of land formerly owned by Adrian M. McMahan as
recorded in Volume 300, Official Records, page 475, Marin County Records. The
said property junction point is also the point of intersection of the property fence
7
lines and is marked by an 18" oak stump with Registered Engineer's Survey Marks
RE 3230 and RE 4560 (The Lambert Coordinates given for the junction points are
y = 551,748.26 feet, x = 1,422,791.77 feet), said point of beginning has an elevation
of 1035 feet above mean sea level and a maximum permissive elevation of zero feet
above ground level; thence from said point of beginning, South 77°25'20" East 150.00
feet (South 78051'00" East, Deed) to a point which has an approximate elevation of
1005 feet above mean sea level and a maximum permissive elevation of 30 feet above
ground level; thence South 44022'00" West 240.00 feet (South 42055'00" West, Deed)
to a point which has an approximate elevation of 970 feet above mean sea level and
a maximum permissive elevation of 65 feet above ground level; thence North 45003'00"
West 140.56 feet (North 46030'OO" West, Deed) to a point which has an approximate
elevation of 1010 feet above mean sea level and a maximum permissive elevation of
25 feet above ground level; thence North 49002100" East 160.12 feet (North 47035'00"
East, Deed) to a point, said point being the true point of beginning.
Containing 0.61 of an acre, more or less, of which .01 acre is embraced within the
limits of Tract No. A -100E-1 hereinabove described, leaving a net area of 0.60 acre.
EASEMENT PARCEL 5 (Tract A -100-E-4)
Perpetual and assignable easements for a restrictive sight clearance area in, on,
over and across the below described parcel consisting of the continuing perpetual
right to cut, remove or trim trees. bushes, shrubs, or any other perennial growth
or undergrowth extending above the maximum permissive elevation as set forth in the
tract description; the right to remove, raze or destroy those portions of buildings,
other structures, and land extendin5 above the maximum permissive elevation; the right
to prohibit the future construction of buildings or other structures infringing upon
or extending into or above the maximum permissive elevation; the right of ingress to
and egress from the above referenced tract for the purpose of exercising the rights
hereinabove set forth;
Reserving, however, to the landowners, their heirs, executors, administrators, suc-
cessors and assigns, all right, title, interest and privilege as may be exercised and
enjoyed without interference with or abridgment of the easements and rights hereby
granted.
All that certain real property situate in the County of Marin, State of California,
described as follows:
Being a restrictive easement limiting the maximum permissive heights of objects, which
are obstructions or potential obstructions to a maximum elevation of 1070 feet above
mean sea level.
Being a tract of land situated within the Northeasterly corporated limits of the City
of San Rafael and which tract of land is a portion of that certain tract of land now
or formerly owned by the Marin Title Guaranty Co., a corporation, as described in
that certain deed dated 20 December 1954, recorded 3 January 1955 in Volume 911 of
Official Records, page 521, records of County of Marin, State of California. The
tract of land is described by bearings, distances and coordinates in terms of State
of California Plane Coordinate System (Lambert Conformal Projection) Zone III,
California, and which is described in the U.S. Coast and Geodetic Survey Special
Publication No. 253 and based locally on a U.S. Coast and Geodetic Survey Triangulation
Station "Hind" which is described in U.S. Coast and Geodetic Survey Special Publication.
entitled "Triangulation Description Book 445, San Francisco Bay and Vicinity, California
The coordinates as given for Station "Hind" are y = 550,118.90 feet, x = 1,424,106.86'.
The tract of land is also being described by Deed or True North bearings and which
are shown in parenthesis with the word Deed after each course. The basic deed bearings
used in this description is the deed bearing of North 6000100" West, given for the
common boundary line of the land of the Mc ear Co. (Book 87, Deeds, page 245) and
the land formerly owned by Adrian M. McMahan (Volume 300 O.R., page 475) at the
Southerly extremity thereof; said tract of land being more particularly described as
follows:
3
P.
Beginning at a point which bears South 58023158" East 128.00 feet (South 59050'58"
East, Deed) from U.S. Coast and Geodetic Triangulation Station "Hind", said point
of beginning has an approximate elevation of 1046 feet above mean sea level and a
maximum permissive elevation of 24 feet above ground level, thence from said point of
beginning South 46002'00" West 65.00 feet (South 44035'00" West, Deed) to a point
which has an approximate elevation of 1048 feet above mean sea level and a maximum
permissive elevation of 22 feet above ground level; thence South 76017'00" West
255.0 feet (South 74050'00" 1•lest, Deed) to a point which has an approximate elevation
of 1050 feet above mean sea level and a maximum permissive elevation of 20 feet
above ground level; thence South 58032100" West 152.00 feet (South 57005'00" West,
Deed) to a point which has an approximate elevation of 1062 feet above mean sea
level and a maximum permissive elevation of 8 feet above ground level; thence South
19°17'00" West 130.00 feet (South 17050'00" West, Deed) to a point which has an
approximate elevation of 1062 feet above mean sea level and a maximum permissive
elevation of 8 feet; thence North 81028100" West 184.00 feet (North 82 55'00" West,
Deed) to a point which has an approximate elevation of 1044 feet above mean sea level
and a maximum permissive elevation of 26 feet above ground level; thence North 430
03100" West 274.00 feet (North 44030'00" West, Deed) to a point which has an approxi-
mate elevation of 1034 feet above mean sea level and a maximum permissive elevation
of 36 feet above ground level; thence North 38012'00" East 161.00 feet (North 360
45100" East, Deed) to a point i-:hich has an approximate elevation of 1031 feet above
mean sea level and a maximum Del -missive elevation of 39 feet above ground level;
thence South 56047100" East 272.00 feet (South 58°14100" East, Deed) to a point that
has an approximate elevation of 1040 feet above mean sea level and a maximum permis-
sive elevation of 30 feet above around level thence South 89`33100'' East 73.00 feet
(North 89000100" East, Deed) to a point which has an approximate elevation of 1038
feet above mean sea level and a maximum permissive elevation of 32 feet above ground
level; thence North 35002'00" East 81.00 feet (North 33035100" East, Deed) to a point
that has an approximate elevation of 1042 feet above mean sea level, and a maximum
permissive elevation of 28 feet above ground level;thence North 49"27'00" East
215.00 feet (North 48000'00" East, Deed) to a point that has an approximate ground
elevation of 1048 feet above mean sea level and a maximum permissive elevation of
22 feet above ground level: thence North 8033'00" West 47.00 feet (North 10000'00"
West, Deed) to a point which has an approximate elevation of 1050 feet above mean
sea level and a maximum permissive elevation of 20 feet above ground level; thence
North 45038100"West 137.00 feet (North 47005'00" West, Deed) to a point that has an
approximate elevation of 1048 feet above mean sea level and a maximum permissive
elevation of 22 feet above ground level; thence North 1°57'00" East 92.00 feet
(North 0030100" East, Deed) to a point which has an approximate elevation of 1044
feet above mean sea level and a maximum permissive elevation of 26 feet above ground
level; thence South 88013'00" East 297.00 feet (South 89040'00" East, Deed) to a
point which has an approximate elevation of 1036 feet above mean sea level and a
maximum permissive elevation of 34 feet above ground level thence South 5'26'00"
East 330.00 feet (South 6°55'00'' East, Deed) to a point, said point being the true
point of beginning. Containing 4.89 acres, more or less.
EASEMENT PARCEL 6 (Tract A -101-E-2)
Perpetual and assignable easements for a restrictive sight clearance area in, on,
over and across the below described parcel consisting of the continuing perpetual
right to cut, remove or trim trees, bushes, shrubs, or any other perennial growth
or undergrowth extending above the maximum permissive elevation as set forth in the
tract description.
All that certain real property situate in the County of Marin, State of California,
described as follows:
Being a restrictive easement limiting the maximum permissive heights of objects,
which are obstructions or potential obstructions to a maximum elevation of 1035 feet
above mean sea level.
Being a tract of land situated within the Northeasterly corporated limits of the
City of San Rafael and which tract of land is a portion of that certain tract of
E
C;
land, now or formerly owned by the McNear Company as recorded in Book 87 of Deeds,
page 245, Records of County of Marin, State of California. The tract of land is
described by bearings, distances and coordinates in terms of State of California
Plane Coordinate System (Lambert Conformal Projection) Zone III, California, and
which is described in the U.S. Coast and Geodetic Survey Special Publication No. 253
and based locally on a U.S. Coast and Geodetic Survey Triangulation Station "Hind"
which is described in U.S. Coast and Geodetic Survey Special Publication entitled
"Triangulation Description Book 445, San Francisco Bay and Vicinity, California".
The coordinates as given for Station "Hind" are y = 550,118.90 feet, x = 1,424,106.86
feet. The tract of land is also being described by Deed or True North bearings and
which are shown in parenthesis with the word "Deed" after each course. The basic
Deed bearing used in this description is the deed bearing of North 6000100" West,
given for the common boundary line of the land of the McNear Co. (Book 87, Deeds,
Page 245) and the land formerly owned by Adrian M. McMahan (Volume 300 OR, page 475)
at the Southerly extremity thereof; said tract of land being more particularly
described as follows:
Beginning at the common property corner of the lands acquired by Deed by the McNear
Company as recorded in Book 87 of Deeds, page 245 (Marin County Records), the lards
of the Marin Title Guaranty Company, a corporation, recorded 3 January 1955, Volume
9113 OR, Page 521, and the Southerly extremity of the tract of land formerly owned
by Adrian M. McMahan as recorded in Volume 300, Official Records, page 475, Marin
County Records. The said junction point is herein identified as being the point of
beginning of that certain parcel of land which was described in the Deed dated 2
August 1935 by Ada I. McMahan to Adrian Mabry McMahan and recorded 3 August 1935
in Volume 300 of Official Records, Page 475. The said property junction point is
also the point of intersection of the property fence lines and is marked by an 18"
oak stump with Registered Engineer's Survey Marks RE 3230 and RE 4560. (The Lambert
Coordinates given for the junction point are y = 551,748.26 feet, x = 1,422,791.77
feet); said point of beginning has an elevation of 1035 feet above mean sea level
and a maximum permissive elevation of zero feet above ground level; thence from said
point of beginning North 4033'00" West 169.78 feet (North 6000'00" Nest, Deed) to
a point which has an approximate elevation of 992 feet above mean"sea level and a
maximum permissive elevation of 43 feet above ground level; thence South 45003'00"
East 255.5 feet (South 46030'00" East, Deed) to a point which has an approximate
elevation of 1003 feet above mean sea level and a maximum permissive elevation of
32 feet above ground level; thence South 44022'00" West 30.00 feet (South 42055'00"
West, Deed) to a point which has an approximate elevation of 1005 feet above mean sea
level and a maximum permissive elevation of 30 feet above ground level; thence North
77°25'20" West 150.00 feet (North 78051'00" West, Deed) to a point, said point being
the true point of beginning.
Containing 0.37 of an acre, more or less, of which .11 of an acre is embraced
within the limits of Tract No. A -101E-1 hereinbefore described, leaving a net area
of 0.26 of an acre.
EASEMENT PARCEL 7 (Tract A -102-E)
The perpetual and assignable easement for a restrictive sight clearance area consisti::-=
of the continuing right to cut, remove or trim trees, bushes, shrubs, or any other
perennial growth or undergrowth extending above an elevation of 1040 feet; the right
to remove, raze or destroy those portions of buildings, other structures, and land
extending above elevation 1040 feet; the right to prohibit the future construction
of buildings or other structures infringing upon or extending into or above elevation
1040 feet; the right of ingress to and egress from the above referenced tract for
the purpose of exercising the rights hereinafter set forth:
RESERVING, however, to the landowners, their heirs, executors, administrators, suc-
cessors and assigns, all right, title and interest and privilege as may be exercised
and enjoyed without interference with or abridgment of the easement, and rights hereby:
taken from said public uses, in, on, across and over the following described parcel
of land;
All that real property situate in the County of Marin, State of California, described
as follows:
10
Being a portion of that certain tract of land, formerly owned by Marion C. Stetson.
The tract of land is described by bearings, distances, and coordinates, in terms
of State of California Plane Coordinate System (Lambert Conformal Projection)
Zone III, California, and which is described in the U.S. Coast and Geodetic Survey
Publication No. 253 and based locally on a U.S. Coast and Geodetic Survey Triangulation
Station "Hind", which is described in U.S. Coast and Geodetic Survey Special
Publication entitled "Triangulation Description Book No. 445, San Francisco Bay and
Vicinity, California". The coordinates as given for Station "Hind" are y = 550,118.90
feet, x = 1,424,106.86 feet. The tract of land is also being described by Deed or
True North bearings and which are shown in parenthesis with the word "Deed" after
each course. The basic Deed bearing used in this description is the deed bearing
of North 6000'00" West, given for the common boundary line of the land of the McNear
Co. (Book 87 Deeds, Page 245) of the land formerly owned by Adrian M. McMahan (Volume
300, Official Records, Page 475) at the Southerly extremity thereof; said tract of
land being more particularly described as follows:
Beginning at the common property corner of the lands acquired by Deed by the McNear
Company as recorded in Book 87 of Deeds, Page 245 (Marin County Records), the lands
of the Marin Title Guaranty Company, a corporation, recorded 3 January 1955,
Volume 911, OR, Page 521 and the southerly extremity of the tract of land formerly
owned by Adrian M. McMahan as recorded in Volume 300, Official Records, Page 475,
Marin County Records. The saidjunction point is herein identified as being the point
of beginning of that certain parcel of land which was described in the Deed dated
2 August 1935 by Ada I. McMahan to Adrian M. McMahan and recorded 3 August 1931. in
Volume 300 of Official Records, Page 475. The said property junction point is also
the point of intersection of the property fence lines and is marked by an 18" oak
stump with Registered Engineer's Survey Marks, RE 3230 and RE 4560. (The Lambert
Coordinates given for the junction point are y = 551,748.26 feet, x = 1 4212 791.77
feet); thence from said point of beginning South 49002'00" West, 160.12 feet, (South
47035100" West, Deed): thence North 45°03'00" West 134.44 feet (North 46030'00" [Fest,
Deed) thence North 44°22'00" East 148.13 feet, (North 42055'00" East, Deed); thence
South 49033'00" East 147.81 feet, (South 51000'00" East, Deed) to.a point, said point
being also the true point of beginning, containing 0.49 of an acre, more or less.
EASEMENT PARCEL 8 (Tract A -103-E)
A perpetual and assignable easement for a restrictive sight clearance area in, on,
over and across the below described parcel consisting of the continuing perpetual
right to cut, remove or trim trees, bushes, shrubs, or any other perennial growth
or undergrowth extending above the maximum permissive elevation as set forth in the
description of said Tract given;the right to remove, raze or destroy those portions
of buildings, other structures, and land extending above the maximum permissive
elevation; the right to prohibit the future construction of buildings or other
structures infringing upon or extending into or above the maximum permissive elevation;
the right of ingress to and egress from the above mentioned tract for the purpose
of exercising the rights hereinabove set forth.
Reserving, however, to the landowners, their heirs, executors, administrators, suc-
cessors and assigns, all right, title, interest and privilege as may be exercised
and enjoyed without interference with or abridgment of the easements and rights
hereby granted.
All that real property situate in the County of Marin, State of California, described
as being a restrictive easement limiting the maximum permissive heights of objects
which are obstructions or potential obstructions to a maximum elevation of 1035 feet
above mean sea level.
Being a tract of land situated within the Northeasterly corporated limits of the City
of San Rafael and which tract of land is a portion of that certain tract of land, now
or formerly owned by Charles C. Prince and Louis H. Lenardi. The tract of land is
described by bearings, distances and coordinates in terms of State of California
Plane Coordinate System (Lambert Conformal Projection) Zone III, California, and
which is described in the U.S. Coast and Geodetic Survey Special Publication No. 253
and based locally on a U.S. Coast and Geodetic Survey Triangulation Station "Hind"
which is described in U.S. Coast and Geodetic Survey Special Publication entitled
"Triangulation Description Book No. 445, San Francisco Bay and Vicinity, California".
The coordinates as given for Station "Hind" are y = 550,118.90 feet, x = 1,424,106.88
feet; the tract of land is also being described by Deed or True North bearings and
which are shown in parenthesis, with the word "Deed" after each course. The basic
deed bearing used in this description is the Deed bearing of North 6000'00" West,
given for the common boundary line of the land of the McNear Co. (Book 87, Deeds,
Page 245) and the lands formerly owned by Adrian M. McMahan (Volume 300 OR Page 475)
at the southerly extremity thereof; said tract of land being more particularly des—
cribed as follows:
Beginning at the common property corner of the lands acquired by deed by the McNear
Company as recorded in Book 87 of Deeds, page 245 (Marin County Records), the lands
of the Marin Title Guaranty Company as recorded 3 January 1955 in Volume 911 of
Official Records, page 521 (Marin County Records) and the Southerly extremity of the
tract of land formerly owned by Adrian M. McMahan as recorded in Volume 300, Official
Records, Page 475 (Marin County Records.) The said junction point is herein
identified as being the point of beginning of that certain parcel of land which was
described in the deed dated 2 August 1935 by Ada I. McMahan to Adrian Mabry McMahan
and recorded 3 August 1935 in Volume 300 of Official Records on Page 475. The said
property junction point is also the point of intersection of the property fence lines
and is marked by an 18" oak stump with Registered Engineer's Survey Marks RE 3230
and RE 4560. (The Lambert Coordinates given for the junction point are y =551,748.26
feet, x = 1,422,791.77 feet) said point of beginning has an elevation of 1035 feet
above mean sea level and a maximum permissive elevation of zero feet above ground
level; thence from said point of beginning North 49033100" West 147.81 feet (North
51°00'00" West, Deed) to a point which has an approximate elevation of 998 feet
above mean sea level and a maximum permissive elevation of 37 feet above ground level;
thence North 44022'00" East 121.87 feet (North 42055'00" East, Deed) to a point
which has an approximate elevation of 982 feet above mean sea level and a maximum
permissive elevation of 53 feet above ground level;thence South 45°03'00" East 19.5
feet (South 46°30'00" East, Deed) to a point which has an approximate elevation of
992 feet above mean sea level and a maximum permissive elevation of 43 feet above
ground level; thence South 4033'00" East 169.78 feet (South 6000'00" East, Deed)
to a point, said point being the true point of beginning.
Containing 0.23 of an acre, more or less.
The above described fee parcels and easement parcels are transferred together with
any other existing rights and interests appurtenant thereto, including the existing
water pipeline lying within the existing road.
To Have and to Hold the hereinbefore described property, subject to the reservations,
exceptions, restrictions, conditions and covenants herein expressed and set forth
unto the Grantee, its successors and assigns, forever.
The hereinbefore described property is granted by the Grantor to the Grantee subject
to any and all outstanding easements for streets, utility systems, rights—of—way,
railroads, pipelines, and/or covenants, restrictions, reservations, conditions, and
agreements which now exist affecting the foregoing described premises.
The Grantor expressly excepts and reserves all oil, gas, and mineral rights and
deposits in said land to the Grantor or to such person(s) as may be authorized by
the Grantor to prospect, mine, and remove such deposits from the hereinbefore
described property under applicable laws.
Pursuant to authority contained in the Federal Property and Administrative Services
Act of 1949, as amended, and applicable rules, regulations and orders promulgated
thereunder, the General Services Administration determined the property to be sur—
plus to the needs of the United States of America and assigned the property to the
Department of the Interior for conveyance to the Grantee.
12
It is Agreed and Understood by and between the Grantor and Grantee, and the Grantee
by its acceptance of this deed, does acknowledge its understanding of the agreement,
and does covenant and agree for itself, and its successors and assigns, forever, as
follows:
1. This property shall be used and maintained for the public purposes
for which it was conveyed in perpetuity as set forth in the program
of utilization and plan contained in the application, submitted by
the Grantee on January 17, 1972, which program and plan may be
amended from time to time at the request of either the Grantor or
Grantee, with the written concurrence of the other party, and such
amendments will be added to and become a part of the original
application.
2. The Grantee shall, within 6 months of the date of the deed of
conveyance, erect and maintain a permanent sign or marker near
the point of principal access to the conveyed area indicating that
the property is a park or recreation area and has been acquired
from the Federal Government for use by the general public.
3. The property shall not be sold, leased, assigned, or otherwise
disposed of except to another eligible governmental agency that
the Secretary of the Interior agrees in writing can assure the
continued use and maintenance of the property for public park or
public recreational purposes subject to the same terms and conditions
in the original instrument of conveyance. However, nothing in this
provision shall preclude the Grantee from providing related
recreational facilities and services compatible with the approved
application, through concession agreements entered into with third
parties, provided prior concurrence to such agreements is obtained
in writing from the Secretary of the Interior.
4. From the date of this conveyance, the Grantee, its successors and
assigns, shall submit biennial reports to the Secretary of the Interior,
setting forth the use made of the property during the preceding
two—year period, and other pertinent data establishing its continuous
use for the purposes set forth above, for ten consecutive reports and
as further determined by the Secretary of the Interior.
5. If at any time the Grantor shall determine that the premises herein
conveyed, or any part thereof, are needed for the national defense,
all right, title and interest in and to said premises, or part thereof
determined to be necessary to said national defense, shall revert to
and become the property of the Grantor.
6. As part of the consideration for this Deed, the Grantee covenants and
agrees for itself, its successors and assigns, that: (1) the program
for or in connection with which this Deed is made will be conducted
in compliance with, and the Grantee, its successors and assigns, will
comply with all requirements imposed by or pursuant to the regulations
of the Department of the Interior as in effect on the date of this
Deed (43 C.F.R. Part 17) issued under the provisions of Title VI of
the Civil Rights Act of 1964; (2) this covenant shall be subject in all
respects to the provisions of said regulations; (3) the Grantee, its
successors and assigns, will promptly take and continue to take such
action as may be necessary to effectuate this covenant; (4) the United
States shall have the right to seek judicial enforcement of this covenant;
(5) the Grantee, its successors and assigns, will (a) obtain from each
other person (any legal entity) who, through contractual or other
arrangements with the Grantee, its successors or assigns, is authorized
to provide services or benefits under said program, a written agreement
pursuant to which such other person shall, with respect to the services
or benefits which he is authorized to provide, undertake for himself
13
the same obligations as those imposed upon the Grantee, its suc—
cessors and assigns, by this covenant, and (b) furnish a copy of
such agreement to the Secretary of the Interior, or his successor;
(6) this covenant shall run with the land hereby conveyed,and shall
in any event, without regard to technical classification or desig—
nation, legal or otherwise, be binding to the fullest extent
permitted by law and equity for the benefit of, and in favor of the
Grantor and enforceable by the Grantor against the Grantee, its
successors and assigns; and (7) the Grantor expressly reserves a
right of access to, and entrance upon, the above described property
in order to determine compliance with the terms of this conveyance.
7. In the event that there is a breach of any of the conditions and
covenants herein contained by the Grantee, its successors and
assigns, whether caused by the legal or other inability of the
Grantee, its successors and assigns; to perform said conditions
and covenants, or otherwise, all right, title and interest in and
to the said premises shall revert to and become the property of the
Grantor at its option which in addition to all other remedies for
such breach shall have the right of entry upon said premises, and
the Grantee, its successors and assigns, shall forfeit all right,
title and interest in said premises and in any and all of the tene—
ments, hereditaments and appurtenances thereunto belonging; provided,
however, that the failure of the Secretary of the Department of the
Interior to require in any one or more instances complete performance
of any of the conditions or covenants shall not be construed as a
waiver or relinquishment of such future performance, but the obligation
of the Grantee, its successors and assigns, with respect to such
future performance shall continue in full force and effect;
IN WITNESS WHEREOF. the Grantor has caused these presents to be executed in its
name and on its behalf this the lst day of November , 1972.
UNITED STATES OF AMERICA
Acting by the through the
Secretary of the Interior
Regional Director
Pacific Southwest Region
Bureau of Outdoor Recreation
14
COUNTY OF SAN FRANCISCO )
ss.
STATE OF CALIFORNIA )
On this lst day of November , 1972, before me, the
subscriber, personally appeared Frank E. Fvlvester , to me known and
known to me to be the Regional Direczor, Bureau of Outdoor Recreation,
of the United States Department of the Interior, a governmental agency of the
United States of America, and known to me to be the same person described in and
who executed the foregoing instrument as such Regional Director
aforesaid, as the act and deed of the United States of America, for and on behalf
of the Secretary of the Interior, duly designated, empowered and authorized so
to do by said Secretary, and he acknowledged that he executed the foregoing
instrument for and on behalf of the United States of America, for the purposes and
uses therein described.
4 OFFiUAL ELai.
CAROL J. O'DANIELS
I. NUTARY PU13LIC•CALIFOPMA
SAN FFr 'JCISCO COUNTY
`"'�'/ My Commiss�orExpiresOct.2o.1975
7265 Wild Currant Way. Oa:,land, CA. 93611
My Commission expires:
NOTARY PUBLIC
The foregoing conveyance is hereby accepted and the undersigned agrees,
by this acceptance, to assume and be bound by all the obligations, conditions,
covenants and agreements therein contained.
ATTEST:
,/..2,
MARION A. GRADY, City Clerk
4
By � --
15
FRED JENSEN, /IctinA Mayor