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HomeMy WebLinkAboutCC Resolution 14750 (Land Exchange Between the City of San Rafael and the Sonoma-Marin Area Rail Transit District (SMART))RESOLUTION NO. 14750 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROPERTY EXCHANGE AGREEMENT BETWEEN THE SONOMA-MARIN ARE A RAIL TRANSIT DISTRICT (SMART) AND THE CITY OF SAN RAFAEL, AND A QUITCLAIM DEED OF CITY PROPERTY TO SMART, AND TO ACCEPT THE QUITCLAIM DEED OF SMART PROPERTY ON BEHALF OF THE CITY OF SAN RAFAEL WHEREAS, in designing the extension of railroad service from Downtown San Rafael to Larkspur (the “Larkspur Extension”), the Sonoma-Marin Area Rail Transit District (SMART) and the City agreed to eliminate two roadway crossings by switching the alignments of the existing railroad tracks and Francisco Boulevard West between Second Street and Rice Drive and reconfiguring the Francisco Boulevard West intersection with Rice Drive; and WHEREAS, the property exchange required to accommodate this design was agreed to in concept in a March 31, 2017 Memorandum of Understanding between the parties concerning the Larkspur Extension, with a commitment to entering into an appropriate property exchange agreement later; and WHEREAS, SMART began construction of the Larkspur Extension, and on March 14, 2018, pursuant to City Council approval, the City deeded its property under/adjacent to Rice Drive to SMART to facilitate the reconfiguration of the Rice Drive/Francisco Boulevard West intersection; and WHEREAS, SMART has now finished construction of the Larkspur Extension and the realignment of Francisco Boulevard West, and it is now necessary to finalize the agreed-upon land exchange; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The City Council hereby approves and authorizes the City Manager to execute the Property Exchange Agreement between SMART and the City, in the form attached hereto as Exhibit 1 and incorporated herein by reference. 2. The City Manager is authorized to execute a quitclaim deed of City property to SMART as set forth in Attachment A to the Property Exchange Agreement, in a form approved by the City Attorney. 3. The City Manager is authorized to accept the grant of SMART property to the City on behalf of the City of San Rafael as set forth in Attachment B to the Property Exchange Agreement and to execute a Certificate of Acceptance therefor in the form approved by the City Attorney. I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday, the 16th day of December 2019, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None LINDSAY LARA, City Clerk PROPERTY EXCHANGE AGREEMENT SONOMA-MARIN AREA RAIL TRANSIT DISTRICT AND CITY OF SAN RAFAEL THIS PROPERTY EXCHANGE AGREEMENT is made and entered into this _L—�_ day of ,�ckvN�kO,e , 2020, by and between the CITY OF SAN RAFAEL, a public agency ("CITY"), nd SONOMA-MARIN AREA RAIL TRANSIT DISTRICT, a public entity duly established under the laws of California ("DISTRICT" or "SMART"), (collectively referred to as the ("Parties"). RECITALS WHEREAS, DISTRICT was created pursuant to AB 2224 (California Public Utilities Code Section 105000 et seq.) for the purpose of providing rail service and multi -use pathways within the Counties of Sonoma and Marin; WHEREAS, DISTRICT has completed construction of its passenger rail service system between the Sonoma County Airport Station at approximately MP 59.9 to the Downtown San Rafael Train Station at MP 17.0; WHEREAS, DISTRICT is proceeding with the design and construction of the passenger rail service system another 2.2 miles from the Downtown San Rafael Train Station to a location near the ferry terminal in Larkspur at or near MP 14.9 (the "Larkspur Extension Project"); WHEREAS, in the fourth quarter of 2016, DISTRICT issued a Request for Proposal (RFP) to elicit bids for a design -build contract for the construction of the DISTRICT Larkspur Extension Project. WHEREAS, the Parties have determined that certain infrastructure located in the DISTRICT rail corridor within CITY are needed. In particular, the CITY desires to: (1) create a new at -grade crossing at SMART's right-of-way at Andersen Drive (the "Andersen Drive Crossing Project"); and the Parties desire to (2) realign DISTRICT's right-of-way at Francisco Boulevard West between Second Street and Rice Drive (the "Francisco Blvd. West Realignment Project"). WHEREAS, the Parties desire to include the Andersen Drive Crossing Project and the Francisco Boulevard West Realignment as part of the SMART Larkspur Extension Project. In order to support the City with its new at -grade crossing CPUC application, SMART has agreed to exchange properties with the City to facilitate the closure of two at -grade crossings: 1) Francisco Boulevard West; and 2) Irwin Street. The Parties agreed that DISTRICT's Contractor shall perform the work to maximize economic efficiencies for both Parties and to minimize future disruption to the rail corridor. 1 1 - I J -1 COLT WHEREAS, with respect to the Francisco Blvd. West Realignment Project, the Parties agree that closing two existing crossings and realigning and improving a third crossing will enhance safety for passenger rail service and vehicular traffic. In order to execute the Larkspur Extension Project, it is necessary for the Parties to exchange land at no cost to either party; WHEREAS, the Parties entered into a Memorandum of Understanding dated March 31, 2017, agreeing to include the Andersen Drive Crossing Project and the Francisco Boulevard West Realignment Project in the DISTRICT's Larkspur Extension Project, and agreeing to exchange the necessary land at no cost to either party by entering into a subsequent property transfer agreement to effectuate the necessary land exchange; and WHEREAS, a part of the land exchange contemplated by the March 31, 2017 Memorandum of Understanding occurred in March 2018 to facilitate construction of SMART'S Larkspur Extension Project. Specifically, the real property designated as Assessor' Parcel No. 013-041-44 was transferred from CITY to DISTRICT by Grant Deed Recorded as Document No. 2018-0009897 in the Official Records of the County of Marin on March 20, 2018; and the real property designated as Assessor's Parcel Nos. 013-041-52, 013-041-55 and a portion of the City's street Rice Drive was transferred from CITY to DISTRICT by Grant Deed Recorded as Document No. 2018- 0009898 in the Official Records of the County of Marin on March 20, 2018; and WHEREAS, the Parties now wish to complete the exchange of the remaining lands agreed upon in the March 31, 2017 Memorandum of Understanding; and WHEREAS, the Parties will, subject to the terms and conditions contained in this Agreement, quitclaim its respective properties interests to the other. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, DISTRICT and City agree as follows: 1. Property Transfers: (a.) CITY agrees to grant property to DISTRICT, as set forth in Attachment A attached hereto, at no cost to DISTRICT for the Francisco Blvd. West Realignment Project. (b.) DISTRICT agrees to grant property to CITY, as set forth in Attaclunent B attached hereto, at no cost to CITY for the Francisco Blvd. West Realignment Project. (c.) Upon transfer of the property, the CITY agrees to accept the new streets including all the sidewalks and guardrails into the City's street system. 2 2. Procedure for Transfer. (a.) Within ten (10) days after the effective date of this Agreement, DISTRICT shall deliver to CITY legal descriptions and plats for each of the parcels to be transferred between the parties. (b) Within 10 days after DISTRICT delivers to CITY legal descriptions and plats, CITY shall execute a Quitclaim Deed granting the properties depicted in Attachment A to DISTRICT, and DISTRICT shall execute a Quitclaim Deed granting the properties depicted in Attachment B to CITY, in a substantially similar form as the Quitclaim Deeds attached hereto. 3. Recording. CITY will return the Quitclaim Deed it executes to SMART and SMART agrees to record both of the executed quitclaim deeds. 4. Waiver of Appraisals. The parties hereby waive any and all real property appraisals which they may be entitled to under federal, state and local law. 5. Default. With respect to the grants or conveyances provided for in this Agreement, the parties recognize that monetary damages are insufficient and inappropriate to remedy a default for failure or reftisal to transfer land. Accordingly, the parties agree that specific performance or other equitable relief is available to compel such transfer. Availability of specific performance as a remedy for such default, however, shall not restrict the availability of any other right or remedy provided at law, in equity, or under this Agreement. 6. Effective Date. This Agreement shall become effective on the date entered into above. 7. Severability. Invalidation of any provision of this Agreement, or of its application to any person, by judgment or court order shall not affect any other provision of this Agreement or its application to any other person or circumstance, and the remaining portions of this Agreement shall continue in frill force and effect, unless enforcement of this Agreement as invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement. 8. Exhibits. The Attachments referenced in and attached to this Agreement are deemed incorporated into this Agreement in their entirety. 9. Entire Agreement. This instrument ( including the Attachments) contains the entire agreement between the parties with respect to the subject matter of this agreement. No statement, promise, inducement made by either Party or agents of the Parties that is not contained in this written agreement shall be valid or binding and this agreement may not be enlarged, modified, or altered except in writing signed by the Parties. 3 10. Mitigation of Damages. In all situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party. Each party shall take all reasonably necessary measures to achieve the provisions of this Agreement. 11. Further Assurances; Covenant to Sign Documents. Each party covenants, on behalf of itself and its successors and assigns, to take all actions and to do all things, and to execute, with acknowledgment or affidavit if required, any and all documents and writings, that may be reasonably necessary or proper to achieve the purposes and objectives of this Agreement. 12. Binding Upon Successors. All of the provisions, agreements, rights, powers, standards, terms, waivers, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective successors in interest, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective successors in interest. 13. Governing Law. This Agreement, and the rights and obligations of the parties, shall be governed by and interpreted in accordance with the laws of the State of California. 14. Signature Pages. For convenience, the signatures of the parties to this Agreement may be executed and acknowledged on separate pages which, when attached to this Agreement, shall constitute this as one complete Agreement. 15. Time. Time is of the essence of this Agreement and of each and every term and condition - hereof. 16. Amendments. All amendments to this Agreement shall be in writing and executed in the same manner as this Agreement. Unless otherwise provided for in the amendment, such changes which are mutually agreed upon in writing by the parties shall be effective upon the execution of a duly authorized amendment to tills Agreement. 17. Notices. Any notice given under this Agreement shall be in writing and given by delivering the notice in person, by commercial courier or by sending it by registered or certified mail, or Express Mail, return receipt requested, with postage prepaid, to the mailing address listed below or any other address notice of which is given. For the convenience of the Parties, copies of notices may also be given by facsimile, to the telephone number listed below or such other numbers as may be provided from time to time. 4 CITY: City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Facsimile: (415) 485-3133 Attention: City Clerk DISTRICT: Sonoma -Marin Area Rail Transit District 5401 Old Redwood Highway, Suite 200 Petaluma, CA 94954 Facsimile: (707)794-3037 Attention: General Manager Any mailing address or phone number may he changed at any time by giving written notice of such change in the manner provided above at least ten (10) days prior to the effective date of the change. All notices tinder this Agreement shall be deemed given, received, made or communicated on the date personal receipt actually occurs or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. A Party may not give official or binding notice by telefacsimile. The effective time of a notice shall not be affected by the receipt, prior to receipt of the original, of a facsimile copy of the notice. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first mentioned above by their duly authorized representatives. CITY OF SAN RAFAEL By: Jim chu ,City Ma ger ATTEST: Lindsay Lara, City Clerk APPROVED AS TO FORM FOR CITY: By: Robert F. Epstein City Attorney SONOMA-MAR1N AREA RAIL TRANSIT DISTRICT By: �. Farllad nsourian, eneral nager A] F( Sl ATTACHMENT A CITY property to be transferred to the DISTRICT. Recording Requested By And When Recorded Return To: SMART 5401 Old Redwood Highway, Ste. 200 Petaluma, CA 94954 Attn: Real Estate Manager No Documentary Transfer Tax required under Revenue & Taxation Code Section 11922 - Government Agency acquiring title No Recording Fee due pursuant to Government Code Section 27383 APN: (Space above this line for Recorder's use) QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of San Rafael, California, a California public agency, hereby quitclaims to: Sonoma -Marin Area Rail Transit District, a California public agency, All that real property situated in the incorporated area of the City of San Rafael, County of Marin, State of California, described in Attachment A — Legal Descriptions and Plats, attached hereto and made a part hereof. Executed as of this -__ _ day of 2019. Jim Schutz, General Manager City of San Rafael, California A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California County of On (Date) personally appeared ACKNOWLEDGMENT ss. before me, (Name & Title of Officer) Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is / are subscribed to the within instrument and acknowledged to me that he / she /they executed the same in his / her / their authorized capacity(ies), and that by his / her / their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. (SEAL) CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by this Quitclaim Deed in the real property described in Attachment "A" to said deed, identified as Marin County Assessor's Parcel Number (s) , is hereby accepted pursuant to authority granted by the Administrative Code, Powers and Duties of Appointed Officers, Section 3.03.d.3 of the Sonoma -Marin Area Rail Transit District, approved by the Board of Directors. Dated: ATTEST TO SIGNATURE: Sonoma -Marin Area Rail Transit District Thomas J. Lyons General Counsel Leticia Rosas -Mendoza Clerk of the Board of Directors ATTACHMENT A CITY property to be quitclaimed to the DISTRICT. Exhibit "A" The City of San Rafael to SMART District Part 1 Lying within the State of California, County of Marin, City of San Rafael, being a portion of the lands of the City of San Rafael, as described in Grant Deed filed for record on April 15, 2015, under Document No. 2015-0017225, Official Records of the County of Marin, being more particularly described as follows: Commencing at a 2" Disk in Concrete designated and delineated as Point No. 156 on that Record of Survey of the Project Control for the Sonoma -Marin Area Rail Transit District, filed for record on July 9, 2010 in Book 2010 of Maps at Page 96, Marin County Records, from which point a 2" Aluminum Disk in Concrete, designated as Point No. 155 on said Record of Survey bears, South 41 ° 14' 59" East a distance of 1241.93 feet; Thence from said Point of Commencement, North 10° 25' 27" West, for a distance of 314.06 feet to a point that lies on the northerly boundary of the lands of the Sonoma - Marin Area Rail Transit District, a public agency, filed for record on August 7, 2017, under Document No. 2017-0031472, Official Records of the County of Marin said point lies North 54° 17' 37" West 183.19 feet from the northwest terminus of a curve with a radius of 53,56 feet as shown in the deed to Sonoma -Marin Area Rail Transit filed under Document No. 2017-0031472, Official Records of the County of Marin, said point being tiie POINT OF BEGINNING of the parcel to be herein described; Thence along said boundary from said POINT OF BEGINNING, North 54° 17' 37" West, for a distance of 1.65 feet; Thence continuing along said boundary on a tangent curve to the left, with a radius of 802.84 feet, through a central angle of 4° 15' 06", for a distance of 59.58 feet; Thence leaving said boundary North 53° 47' 52" East, for a distance of 31.51 feet; Thence South 40° 23' 12" East, for a distance of 64.59 feet; Thence along a non -tangent curve to the left, from a tangent that bears South 84° 27' 03" West, with a radius of 80.00 feet, through a central angle of I V 56' 47", for a distance of 16,68 feet to the POINT OF BEGINNING. Basis of Bearings: Record of Survey of the Project Control for the Sonoma -Marin Area Rail Transit District, file for record on July 9, 2010, in Book 2010 of Maps, at Page 96, Marin County Records. All bearings and distances within this description are based on California Coordinate System Zone 2, CCS83, Epoch 2008.00. To obtain Ground distances divide by 0.99989094. Containing 0.03 Acres more or less Prepare Cinduini & Passarino, inc. �l ;es M. Dickey, S 35"j Date 1360 North Dutton Avcnui` S�Lt_e` 150,'8anta Rosa, CA 95401 TO: (707) 542-6268 Fax: (707) 542-2106 www.cinquinipassarino.com CPI No.: 7240-15 Page 1 of 2 EXHIBIT 'B' THIS DIAGRAM IS FOR GRAPHIC PURPOSES ONLY. ANY ERSEN DR sr ERRORS OR OMISSIONS SHALL NOT AFFECT THE LEGAL AND p D�Bas ss �,N< DESCRIPTION. SITE o REFERENCE c�sco� MONUMENTS fft ;•. OC 155 P56 FRANGl500 6�`� E c>'yyO *S41'14'59 "E 1241.93' • SITE MAP 9� NO SCALE POB �— POINT OF — - — — COMMENCEMENT S.M.A.R.T. _ • — -- - — - - - - D.N. 2006-0018841 156 N \ 0,25 — --- ------ - -- - - DISTRICT 1pS.M.A.R.T. DISTRICT all 06, D.N. 2018-009897 D.N. 2019-0015884 — - -- — - - - \ '� \ POINT OF BEGINNIN�� S M P '- * Oo314 R=80284" p N 2 BACCI ,N54 -17'37"W - D.N. 2019-001588R 1.65' _ 56' FRANC15G0 LEGEND -80.00 x=11'56'47" L=16.68' »W 183.19 N54�7'37ST BWE OvLEVARO ,.� NIGNWAY STATE &=4'15 06 L=59.58' SA oO9� "E' CCV of 5 171 S40 -23-12"E 31.51' 64.59' 101 (T)S84'27'03"W GRAPHIC SCALE so 0 w 1 inch = 80 ft. SUBJECT SWAP �� • • • — - — - - -- — ADJACENT BOUNDARY — - — ORIGINAL RAILROAD RIGHT m BOUNDARY OF WAY - — - -- — CENTERLINE OF RAILOAD Santo Rosa, Co. 95401 CONTINUATION (•� 2 INCH DISK ORIGINAL AS DESIGNATED POB POINT OF BEGINNING POC POINT OF COMMENCENENT (T) TANGENT &=4'15 06 L=59.58' SA oO9� "E' CCV of 5 171 S40 -23-12"E 31.51' 64.59' 101 (T)S84'27'03"W GRAPHIC SCALE so 0 w 1 inch = 80 ft. JOB NAME: THE CITY OF SAN RAFAEL TO DRAWN BY: CS CHECKED BY: JMD S.M.A.R.T. DISTRICT PART 1 SCALE: 1"=60' DATE: 4/19/19 DESCRIP71ON: PARCEL SWAP JOB P. 7240-15 PAGE: 2 OF 2 CINQUINI & PASSARINO, INC. LAND SURVEYING m BOUNDARY 1360 No Dutton Ave. m TOPOGRAPHIC Santo Rosa, Co. 95401 ® CONSTRUCTION Phone: (707) 542-6268 m SUBDIVISIONS Fax: (707) 542-2106 WWW. CINGUINIPASSARINO. COM JOB NAME: THE CITY OF SAN RAFAEL TO DRAWN BY: CS CHECKED BY: JMD S.M.A.R.T. DISTRICT PART 1 SCALE: 1"=60' DATE: 4/19/19 DESCRIP71ON: PARCEL SWAP JOB P. 7240-15 PAGE: 2 OF 2 Exhibit "A" The City of San Rafael to SMART District Part 2 Lying within the State of California, County of Marin, City of San Rafael, being a portion of the lands of the City of San Rafael, as described in Grant Deed filled for record on April 15, 2015, under Document No. 2015-0017225, Official Records of the County of Marin, being more particularly described as follows: Commencing at a 2" Disk in Concrete designated and delineated as Point No. 156 on that Record of Survey of the Project Control for the Sonoma -Marin Area Rail Transit District, filled for record on July 9, 2010 in Book 2010 of Maps at Page 96, Marin County Records, fl•om which point a 2" Aluminum Disk in Concrete, designated as Point No. 155 on said Record of Survey bears, South 41 ° 14' 59" East a distance of 1241.93 feet; Thence from said Point of Commencement, North 25° 15' 36" West, for a distance of 429.25 feet to a point that lies on the northerly boundary of the lands of the Sonoma - Marin Area Rail Transit District, a public agency as described in the Director's Deed Grant filed for record on August 7, 2017, under Document No. 2017-003 1472, Official Records of the County of Marin, said point being the POINT OF BEGINNING of the parcel to be herein described; Thence from said POINT OF BEGINNING along said boundary, North 58° 56' 22" West, for a distance of 6,84 feet; Thence continuing along said boundary on a tangent curve to the right, with a radius of 1254.72 feet, through a central angle of 2° 03' 04", for a distance of 44.92 feet to the easterly boundary of the lands of the City of San Rafael as described in Book 3696 and Page 159 of the Marin County Official Records; Thence continuing on said easterly boundary North 21' 26' 21" West, for a distance of 29.62 feet; Thence leaving said boundary along a non -tangent curve to the right, from a tangent that bears South 46° 09' 41 " East, with a radius of 1920.88 feet, through a central angle of 2° 18' 47", for a distance of 77.54 feet to the POINT OF BEGINNING. Basis of Bearings: Record of Survey of the Project Control for the Sonoma -Marin Area Rail Transit District, file for record on July 9, 2010, in Book 2010 of Maps, at Page 96, Marin County Records. All bearings and distances within this description are based on California Coordinate System Zone 2, CCS83, Epoch 2008.00. To obtain Ground distances divide by 0.99989094. Containing 0.01 Acres more or less Prepare y Cit duini & Passarino, Inc. mes M. Dickey, PL 9 F i:_ No.7CZ Da e 1360 North Dutton Avenue,"giiite 150, Santa Rosa, CA 95401 Tel: (707) 542-6268 Fax: (707) 542-2106 www.cinquinipassarino.com CPI No.: 7240-15 Page I of 2 EXHIBIT 'B' THIS DIAGRAM IS FOR GRAPHIC PURPOSES ONLY. ANY ERRORS OR OMISSIONS SHALL NOT AFFECT THE LEGAL DESCRIPTION. GRAPHIC SCALE w 1 inch = 60 ft. PO/NT OF COMMENCEMENT __ N �RSEN °R sj o0g0is st SITE a m P FRpNC15�° g�VD W ° BI.VO E i SITE MAP NO SCALE _ ------------------------------ S.M.A.R.T. — - - — D.N. 2006-0018841 156 _ 2575. J S.M.A.R.T. DISTRICT 36"W 42 D.N. 2019-0015884 9 2S N58'56'22"W 6.84 R=1254.72' A-2'03'04" L=44.92' POINT 0",4. N 20;0p31g72 BEGNN/NG 1� OF SP'N S.M.A.R.T. DISTRICT C RASA 001225 D.N. 2018-009897 S'r N 20� VARD FRAN�i LEGEND • • • -- SUBJECT SWAP ADJACENT BOUNDARY — — — — — -- ORIGINAL RAILROAD RIGHT OF WAY CENTERLINE OF RAILOAD CONTINUATION Q 2 INCH DISK ORIGINAL AS 14IG1IWAY STATE 101 CITY OF SAN RAFAEL 3696 O.R. 159 '1'26'21"W 29.62' ,4.6-09'41"E R=1920.88' A--218'47" L=77.54' REFERENCE MONUMENTS POC 155 156 S4 -1 '14'59"E 1241.93 POB DESIGNATED CINQUINI & PASSARINo, INC. POB POINT OF BEGINNING 4 LAND SURVEYING POC POINT OF COMMENCENENT (T) TANGENT m BOUNDARY 1360 No. Dutton Ave. TOPOGRAPHIC Santa Rosa, Co. 95401 A CONSTRUCTION Phone: (707) 542-6268 m SUBDIVISIONS Fax: (707) 542-2106 WWW.CINQUINIPASSARINO.COM JOB NAME: THE CITY OF SAN RAFAEL TO DRAWN BY: CS CHECKED BY: JMD S.M.A.R.T. DISTRICT PART 2 SCALE: 1"=60' DATE: 4/19/19 DESCRIPTION: PARCEL SWAP JOB #: 7240-15 PAGE: 2 OF 2 Exhibit "A" The City of San Rafael to SMART District Part 3 Lying within the State of California, County of Marin, City of San Rafael, being a portion of the Lands of the City of San Rafael described in Book 3¢96 Page 159 and Book 3488 Page 431 Official Records of Marin County, being more particularly described as follows: Commencing at a 2" Disk in Concrete designated and delineated as Point No. 156 on that Record of Survey of the Project Control for the Sonoma -Marin Area Rail Transit District, filled for record on July 9, 2010 in Book 2010 of Maps at Page 96, Marin County Records, froth which point a 2" Aluminum Disk in Concrete, designated as Point No. 155 on said Record of Survey bears, South 41' 14' 59" East a distance of 1241.93 feet; Thence from said Point of Commencement, North 33° 30' 36" West, for a distance of 467.31 feet to a point that lies on the northerly boundary of said Right of Way of the Lands of Sonoma -Marin Area Rail Transit District as described in Document Number 2006-0018841, said point being the POINT OF BEGINNING of the parcel to be herein described; Thence along said Right of Way North 41° 17' 25" West, for a distance of 224.32 feet; Thence continuing on a non -tangent curve to the right, from a tangent that bears North 52° 23'29" West, with a radius of 1567.17 feet, through a central angle of 9° 56' 30", for a distance of 271.92 feet; Thence continuing along said Right of Way North 48° 42' 35" East, for a distance of 29.00 feet; Thence North 410 17' 25" West, for a distance of 214.82 feet to the westerly Right of Way of Irwin Street and the Lands of City of San Rafael as described in Book 3488 of Official Records page 431, Marin County; Thence South 7° 10' 48" West, for a distance of 35.79 feet; Thence leaving said Right of Way North 37° 35' 03" West, for a distance of 69.95 feet; Thence on a tangent curve to the right, with a radius of 2000.00 feet, through a central angle of 1 ° 03' 08", for a distance of 36.73 feet; Thence North 36° 31' 48" West, for a distance of 201.71 feet; Thence North 35° 03' 16" West, for a distance of 37.37 feet; Thence North 32° 33' 26" West, for a distance of 125.12 feet to a point on the southerly Right of Way of Francisco Boulevard West; Thence along said Right of Way North 52° 10' 23" West, for a distance of 22.89 feet; Thence continuing along a non -tangent curve to the right, from a tangent that bears North 30° 49'48" West, with a radius of 700.00 feet, through a central angle of 2° 43' 02", for a distance of 33.20 feet; Thence along a reverse curve, having a radius of 305.00 feet, through a central angle of 12° 33' 13", for a distance of 66.83 feet; Thence continuing on a non -tangent curve to the right, from a tangent that bears North 25° 03' 26" West, with a radius of 640.09 feet, through a central angle of 4° 18' 17", for a distance of 48.09 feet to a point on the northerly Right of Way of Francisco Boulevard West; Thence along said Right of Way South 52° 54' 40" East, for a distance of 88.95 feet; Thence North 10" 49' 25" East, for a distance of 105.29 feet to a point on the southwest Right of Way line of Highway 101; Thence along said Highway on a non - tangent curve to the left, from a tangent that bears South 1 ° 17' 30" West, with a radius of 394.60 feet, through a central angle of 19° 42' 35", for a distance of 135.74 feet; Thence continuing along said highway South 30° 53' 40" East, for a distance of 161.14 feet; 1360 North Dutton Avenue, Suite 150, Santa Rosa, CA 95401 Tel: (707) 542-6268 Fax: (707) 542-2106 www.cinquinipassaTino.com CPI No.: 7240-15 Page l of 4 Thence continuing along said Highway South 36° 54' 08" East, for a distance of 170.75 feet; Thence continuing along said highway on a non -tangent curve to the left, from a tangent that bears South 29° 33' 38" East, with a radius of 1008.48 feet, through a central angle of 6° 02' 09", for a distance of 106.24 feet; Thence continuing along said highway on a compound curve to the left, with a radius of 2010.94 feet, through a central angle of 19° 37' 04", for a distance of 688.54 feet; Thence leaving the southwest line of said Highway along the northeast line of the lands of the City of San Rafael described by Deed in Book 3696 Page 159 Official Records of Marin County South 21° 26' 21" East, for a distance of 144.05 feet; Thence North 54° 25' 31" West, for a distance of 70.02 feet to the POINT OF BEGINNING. Basis of Bearings: Record of Survey of the Project Control for the Sonoma -Marin Area Rail Transit District, file for record on July 9, 2010, in Book 2010 of Maps, at Page 96, Marin County Records. All bearings and distances within this description are based on California Coordinate System Zone 2, CCS83, Epoch 2008.00. To obtain Ground distances divide by 0.99989094. Containing 1.17 Acres more or less �d y Cinquini & Passarino, Inc. M./ickey,PLS 93 Dat (I cri" A- No._ 74x5 !� ' 1360 North Dutton Avenue, Suite 150, Santa Rosa, CA 95401 Tel: (707) 542-6268 Fax: (707) 542-2106 www.c inqu inipassarino.com CPI No.: 7240-15 Page 2 of 4 EXHIBIT 'B' ys� THIS DIAGRAM IS FOR GRAPHIC PURPOSES ONLY, ANY y��ANpERSEN OR ERRORS OR OMISSIONS SHALL NOT AFFECT THE LEGAL 51 L%tKACOLN A`1E DESCRIPTION. p p�Ba5 SITE o % wW FRANCISCO REFERENCEE BL`�O MONUMENTS FRANCISCO ''. 155 POC S41'1 4'59"E 1241.93' — 94 SITE MAP NO SCALE POB POINT OF COMMENCEMENT sjy S.M.A.R.T. DISTRICT PO/NT OF D.N. 2019-0015864 BEG/NN/NG ���_��D.N.� ZRD&DOIS018841 — — —Ci i DE' nr TRACT -iV3330'36"yy ~ 467.31 i:8!) C.R. • 15 L1 (1iN52n3 29• CB fo L 1 S,M� O't031472 4 01 a 3688 O.R. 159 �tWA a STA GRAPHIC SCALE '5° 0 75 1 inch = 150 It. I CITY OF SAN RAFAEL 3696 O.R. 159 — L5 C2 L6 S.M".T MSTRICT�_(T))N30.49' F- N. 2008- -w '28C X8841= \ L9 L3 — �— (T)N25 r 3 CITY OF SAN RAFAEL C7 o I Ly'" W" C 5 3488 O.R. 431 L13 \ �• CITY OF SAN RAFAEL L12 3896 O.R. 159 (7)529 33'38'E 0 ' \ S.ATA.R.T. DISTRICT I �7 D.N. 20N-0018841 SME HIMINAY 101 CITY OF SAN RAFAEL C6` 3488 O.R. 431 i (T)S51-17'30-W LEGEND �— • • • SUBJECT SWAP ADJACENT BOUNDARY — — — — — — ORIGINAL RAILROAD RIGHT OF WAY -- CENTERLINE OF RAILOAD QQ 2 INCH DISK ORIGINAL ASkhk DESIGNATED CONTINUATION CINQU_ INI & PASSARINO, INC. POB POINT OF BEGINNING LAND SURVEYING POC POINT OF COMMENCENENT 0 BOUNDARY 1360 No. Dutton Ave. (T) TANGENT TOPOGRAPHIC Santa Rosa, Ca. 95401 ® CONSTRUCTION Phone: (707) 542-6268 m SUBDIVISIONS Fox: (707) 542-2106 WWW. CINQUINIPASSARINO. COM JOB NAME: THE CITY OF SAN RAFAEL TO DRAWN BY: CS CHECKED BY: JII S.M.A.R.T DISTRICT PART 3 SCALE: 1"=150' DATE: 4/22/19 DESCRIPTION: PARCEL SWAP JOB #: 7240-15 PAGE: 3 OF 4 EXHIBIT 'B' THIS DIAGRAM IS FOR GRAPHIC PURPOSES ONLY. ANY ERRORS OR OMISSIONS SHALL NOT AFFECT THE LEGAL DESCRIPTION. UNE TABLE LINE# LENGTH 224.32' BEARING L1 N41' 17' 25"W L2 29.00' N48' 42' 35"E L3 214.82' N41' 17' 25"W L4 35.79' S07' 10' 48"W L5 69.95' N37' 35' 03"W L6 201.71' N36' 31' 48"W L7 37.37' N35' 03' 16"W 1-8 125.12' N32' 33' 26"W L9 22.89' N52' 10' 23"W L10 88.95' S52' 54' 40"E L11 105.29' N10' 49' 25"E L12 161.14' S30' 53' 40"E L13 170.75' S36' 54' 08"E L14 144.05' S21' 26' 21 "E L15 70.02' N54' 25' 31"W CURVE TABLE CURVE# RADIUS DELTA LENGTH C1 1567.17' 9' 56' 30" 271.92' C2 2000.00' 1' 03' 08" 36.73' C3 700.00' 2' 43' 02" 33.20' C4 305.00' 12' 33' 13" 66.83' C5 640.09' 4' 18' 17" 48.09' C6 394.60' 19' 42' 35" 135.74' C7 1008.48' 6' 02' 09" 106.24' C8 2010.94' 19' 37' 04" 688.54' CINQUINI & PASSA.RINO, INC. LAND SURVEYING m BOUNDARY 1360 No. Dutton Ave. A TOPOGRAPHIC Santa Rosa, Co. 95401 m CONSTRUCTION Phone: (707) 542 6268 ® SUBDIVISIONS Fax: (707) 542-2106 WWW.CINQUINIPASSARINO.COM JOB NAME: THE CITY OF SAN RAFAEL TO DRAWN BY: CS ICHECKED BY: DESCRIPTION: PARCEL SWAP SCALE: DATE: 4 JOB #: 7240-15 PAGE: 4 JMD 9 ATTACHMENT B DISTRICT property to be transferred to the CITY. Recording Requested By And When Recorded Return To: City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Attn: City Clerk No Documentary Transfer Tax required under Revenue & Taxation Code Section 11922 - Government Agency acquiring title No Recording Fee due pursuant to Government Code Section 27383 APN: (Space above this line for Recorder's use) QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Sonoma -Marin Area Rail Transit District, a California public agency, hereby quitclaims to: The City of San Rafael, California, a California public agency, all that real property situated in the incorporated area of the City of San Rafael, County of Marin, State of California, described in Attachment B — Legal Descriptions and Plats, attached hereto and made a part hereof. Executed as of this day of 2019. Farhad Mansourian, General Manager Sonoma -Marin Area Rail Transit District A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. ACKNOWLEDGMENT State of California ) ss. County of ) On before me, (Date) (Name & Title of Officer) personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is / are subscribed to the within instrument and acknowledged to me that he / She / they executed the same in his / her / their authorized capacity(ies), and that by his / her / their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. (SEAL) CERTIFICATE OF ACCEPTANCE PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 27281 This is to certify that the interest in the real property conveyed by the attached document entitled Quitclaim Deed, dated December 2019, is hereby accepted by the undersigned authorized official or officer on behalf of the City of San Rafael pursuant to authority conferred by Resolution No. adopted by the City Council of the City of San Rafael, and that the City of San Rafael consents to recordation of said document in the Office of the Recorder of Marin County, State of California. Date: 12019 By: Jim Schutz, City Manager City of San Rafael ATTEST: Lindsay Lara, City Clerk City of San Rafael ATTACHMENT B DISTRICT property to be quitclaimed to the CITY. Exhibit "A" SMART District to City of San Rafael Part I Lying within the State of California, County of Marin, City of San Rafael, being a portion of the Right of Way of the Lands of Sonoma -Marin Area Rail Transit District as described by Quitclaim Deed recorded under Document Number 2006-0018841, Official Records of Marin County being more particularly described as follows: Commencing at a 2" Disk in Concrete designated and delineated as Point No. 156 on that Record of Survey of the Project Control for the Sonoma -Marin Area Rail Transit District, filed for record on July 9, 2010 in Book 2010 of Maps at Page 96, Marin County Records, from which point a 2" Aluminum Disk in Concrete, designated as Point No. 155 on said Record of Survey bears, South 410 14' 59" East a distance of 1241.93 feet; Thence from said Point of Commencement, South 30° 09' 19" East, for a distance of 60.79 feet to a point that lies on the southerly boundary of said Right of Way of the Lands of Sonoma -Marin Area Rail Transit District, said point being the POINT OF BEGINNING of the parcel to be herein described; Thence North 36° 14' 22" East, for a distance of 30.08 feet; Thence South 59° 20' 57" East, for a distance of 14.80 feet; Thence North 30° 39' 03" East, for a distance of 6.00 feet; Thence along a non -tangent curve to the left, from a tangent that bears North 56" 58' 22" West, with a radius of 141.04 feet, through a central angle of 3° 20' 41", for a distance of 8.23 feet; Thence North 60° 19' 03" West, for a distance of 5.98 feet; Thence North 36° 14' 22" East, for a distance of 4.76 feet; Thence North 53° 45' 38" West, for a distance of 4.50 feet; Thence North 36° 14' 22" East, for a distance of 2.28 feet; Thence along a tangent curve to the left, with a radius of 30.00 feet, through a central angle of 450 52' 05", for a distance of 24.02 feet; Thence along a compound curve to the left, with a radius of 44.05 feet, through a central angle of 23° 34' 27", for a distance of 18.13 feet; Thence North 33° 12' 12" West, for a distance of 28.59 feet; Thence along a tangent curve to the left, with a radius of 1000.00 feet, through a central angle of 2° 10' 57", for a distance of 38.09 feet to a point that lies on the northerly boundary of said Right of Way of the Lands of Sonoma -Marin Area Rail Transit District; Thence along said northerly boundary North 41 ° 17' 25" West, for a distance of 364.59 feet; Thence leaving said boundary North 42° 50' 33" West, for a distance of 56.43 feet; Thence along a tangent curve to the right, with a radius of 445.00 feet, through a central angle of 4° 23' 41 ", for a distance of 34.13 feet; Thence along a non -tangent curve to the left, from a tangent that bears North 38° 43' 54" West, with a radius of 1149.75 feet, through a central angle of 2° 37' 09", for a distance of 52.56 feet to a point that lies on the northerly boundary of said Right of Way of the Lands of Sonoma -Marin Area Rail Transit District; Thence leaving said point and continuing along said curve, through a central angle of 5° 31' 54", for a distance of 11 1.00 feet; Thence North 47° 09' 58" West, for a distance of 150.10 feet; Thence along a tangent curve to the right, with a radius of 1955.00 feet, through a central angle of 9° 41' 06", for a distance of 330.47 feet to a point on the Right of Way of The Sonoma - Marin Rail Transit District also being the westerly prolongation of Irwin Street; Thence along said Right of Way South 7° 10' 48" West, for a distance of 14.23 feet; Thence 1360 North Dutton Avenue, Suitc 150, Santa Rosa, CA 95401 Tel: (707) 542-6268 Fax: (707) 542-2106 www.cinquinipassarino.com CPI No.: 7240-15 Page 1 of 4 continuing along said Right of Way North 350 03' 16" West, for a distance of 318.78 feet; Thence leaving said Right of Way North 36° 31' 50" West, for a distance of 114.69 feet; Thence along a tangent curve to the right, with a radius of 700.00 feet, through a central angle of 5° 42' 01", for a distance of 69.64 feet; to the southwesterly boundary of Francisco Boulevard West as shown on said Record of Survey; Thence along said boundary North 52° 10' 23" West, for a distance of 116.60 feet; Thence leaving said boundary along a non -tangent curve to the right, from a tangent that bears South 43° 34' 52" East, with a radius of 285.00 feet, through a central angle of 14° 11' 35", for a distance of 70.60 feet; Thence South 29° 23' 18" East, for a distance of 26.35 feet; Thence South 60° 41' 03" West, for a distance of 15.47 feet; Thence South 9° 12' 33" East, for a distance of 58.06 feet to the northerly most corner of the lands of the Miller Trust, as described by Grant Deed recorded under Document Number 2001-0056529, Official Records of Marin County and shown on said Record of Survey, also being the southerly boundary of the Right of Way of the Lands of Sonoma -Marin Area Rail Transit District as described by Quitclaim Deed recorded under Document Number 2017- 0042727, Official Records of Marin County; Thence along said Right of Way South 411 05' 25" East, for a distance of 323.01 feet; Thence along said Right of Way as described by Quitclaim Deed recorded under Document Number 2017-0004553 South 41 ° 14' 46" East, for a distance of 173.83 feet to a point on the westerly Right of Way of Irwin Street; Thence along said Right of Way North 70 10' 48" East, for a distance of 19.58 feet; Thence leaving said Right of Way South 41 ° 17' 25" East, for a distance of 80.15 feet to the easterly Right of Way of said Irwin Street; Thence along said Right of Way South 7° 10' 48" West, for a distance of 33.40 feet to the southerly Right of Way of the Lands of Sonoma -Marin Area Rail Transit District; Thence along said southerly Right of Way South 41' 17'25" East, for a distance of 1085.26 feet to the POINT OF BEGINNING. Basis of Bearings: Record of Survey of the Project Control for the Sonoma -Marin Area Rail Transit District, file for record on July 9, 2010, in Book 2010 of Maps, at Page 96, Marin County Records. All bearings and distances within this description are based on California Coordinate System Zone 2, CCS83, Epoch 2008.00. To obtain Ground distances divide by 0.99989094. Containing 2.38 Acres more or less by Cinquini & Passarino, inc ickey, PLS // G/ / C/ Date 1360 North Dutton Avenue, Suite 150, Santa Rosa, CA 95401 Tel: (707) 542-6268 Fax: (707) 542-2106 www.cinquinipassarino.com CPI No.: 7240-15 Page 2 of 4 EXHIBIT 'B' THIS DIAGRAM IS FOR GRAPHIC PURPOSES ONLY. ANY ERRORS OR OMISSIONS SHALL NOT AFFECT THE LEGAL DESCRIPTION. Df TAIL l/ r L8 I L6 L7 �(T)N56'58'22°W GRAPHIC SCALE 10 75 1 inch - 150 ft. REFERENCE MONUMENTS 155 POB L1 POC a S41'14'5 -VE 1241.93' 155.6 ti ERSEN 0R sl. WBo1s SZ SITE, fRpNC1SC0 SITE MAP NO SCALE 600 MONTGOMERY TECH. CENTER SUBJECT SWAP LAMPLEY — - - e'g' n 1 -- ' i 1988-0029099 D.N. 2016-009012 CENTERLINE OF RAILOAD CINQUINI & PASSARINO, INC. - - A.P.N. 013-041-29 A P.N. 013-041-64 m BOUNDARY 1360 No. Dutton Ave. m TOPOGRAPHIC Santa Rosa, Co. 95401 PO/NT OF POINT OF BEGINNING m CONSTRUCTION Phone: (707) 542-6268 POC S m SUBDIVISIONS Fox- (707) 542-2106 (T) BEG/NN/NO 0, OF 156 COMMENCEMENT WWW.0 NQUINIPASSARINO COM i o j �.L. DRAWN BY: CS CHECKED BY: Jh 1• • � - — • • � • � �� 41'17'25°E•1085.26•—a DEEDS — — - SCALE: 1°=150' DATE: 4/22/19 - S.M.A R T. DISTRICT — _ — — 21 DEE_S 42 — -i11 C8 SEE C4 --D.N�1-�f0 841 �(1*3a'43'5-eW •N41'1T25"W C6 C7 -- 4 10 �c 364.59'• 0 C5 JOB #: 7240-15 PAGE: 3 OF 4 EMERDAN D.N. 2011-013819 A.P.N.013-041 4� 4_1B LEGEND D.N. 2019-0016864 /1RD � w�Y 101 Fj?AMa�° QUIT TO : LA TERRA TRIFOGUO, LLC D D.N. 2017-0004553 LA TERRA TRIFOGUO, LLC APN 013-021-40 D.N. 2012-060500 APN 013 -032 -OB o5 c QUIT CLAIM LA TERRA .y"' MILLER TRUST TRIFOGUO, LLC TO SONOMA p.N. 2001-0038529 MARIN AREA RAIL TRANSIT �' APH 013-021-24 D.N. 2017- ;5^ ^,k. 37E' `L2 _ L20 L19 'CITY OF SAN RAFAEL 3698 O.R. 159 CLAIM MILLER TRUST *o ONOMA MARIN AREA `\ RAIL TRANSIT N. 2017-0042727 O�y ZAti ` �Y O `Le "IL, � - — S.M.A.R.T. DISTRICT_� 78 Ij 7 �N. 2008-0018841 o \ l 0 22 -Lls, s4 '34' -E L14 -g 05 VxSr �-- • • • -- SUBJECT SWAP FKr"•- — - - ADJACENT BOUNDARY - - - - - ORIGINAL RAILROAD RIGHT OF WAY — -- CENTERLINE OF RAILOAD CINQUINI & PASSARINO, INC. Q 2 INCH DISK ORIGINAL AS LAND SURVEYING DESIGNATED CONTINUATION m BOUNDARY 1360 No. Dutton Ave. m TOPOGRAPHIC Santa Rosa, Co. 95401 POB POINT OF BEGINNING m CONSTRUCTION Phone: (707) 542-6268 POC POINT OF COMMENCENENT m SUBDIVISIONS Fox- (707) 542-2106 (T) TANGENT WWW.0 NQUINIPASSARINO COM JOB NAME: S.M.A.R.T. DISTRICT TO THE DRAWN BY: CS CHECKED BY: Jh CITY OF SAN RAFAEL PART 1 SCALE: 1°=150' DATE: 4/22/19 DESCRIPTION: PARCEL SWAP JOB #: 7240-15 PAGE: 3 OF 4 EXHIBIT 'B' THIS DIAGRAM IS FOR GRAPHIC PURPOSES ONLY. ANY ERRORS OR OMISSIONS SHALL NOT AFFECT THE LEGAL DESCRIPTION. LINE TABLE LINE# LENGTH BEARING L1 60.79' S30' 09' 19"E L2 30.08' N36' 14' 22"E L3 14.80' S59' 20' 57"E L4 6.00' N30' 39' 03"E L5 5.98' N60' 19' 03"W L6 4.76' N36' 14' 22"E L7 4.50' N53' 45' 38"W L8 2.28' N36' 14' 22"E L9 28.59' N33' 12' 12"W L10 56.43' N42' 50' 33"W L11 150.10' N47' 09' 58"W L12 14.23' S07' 10' 48"W L13 318.78' N35' 03' 16"W L14 114.69' N36' 31' 50"W L15 116.60' N52' 10' 23"W L16 26.35' S29' 23' 18"E L17 15.47' S60' 41' 03"W L18 58.06' S09' 12' 33"E L19 323.01' S41 05' 25"E L20 173.83' S41' 14' 46"E L21 19.58' N07' 10' 48"E L22 80.15' S41' 17' 25"E L23 33.40' 1 S07' 10' 48"W CURVE TABLE CURVE# RADIUS DELTA LENGTH C1 141.04' 3' 20' 41" 8.23' C2 30.00' 45' 52' 05" 24.02' C3 44.05' 23' 34' 27" 18.13' C4 1000.00' 2' 10' 57" 38.09' C5 445.00' 4' 23' 41" 34.13' C6 1149.75' 2' 37' 09" 52.56' C7 1149.75' 5' 31' 54" 111.00' C8 1955.00' 9' 41' 06" 330.47' C9 700.00' 5' 42' 01" 69.64' C10 285.00' 14711' 35" 70.60' JOB NAME: S.M.A.R.T. TO THE CITY OF DRAWN BY: CS CHECKED BY: JMD SAN RAFAEL PART 1 SCALE: DATE; 4/22/19 DESCRIPTION: PARCEL SWAP JOB A 7240-15 PAGE: 4 O 4 khk CINQUINI & PASSARINO. INC. LAND SURVEYING BOUNDARY 1360 No. Dutton Ave. m TOPOGRAPHIC Santa Rosa, Ca. 95401 ® CONSTRUCTION Phane: (707) 542-6268 ® SUBDIVIS;ONS Fax: (707) 542-2106 WWW. CINQUINfPASSARINO.COM JOB NAME: S.M.A.R.T. TO THE CITY OF DRAWN BY: CS CHECKED BY: JMD SAN RAFAEL PART 1 SCALE: DATE; 4/22/19 DESCRIPTION: PARCEL SWAP JOB A 7240-15 PAGE: 4 O 4 Exhibit "A" SMART District to The City of San Rafael Part 2 Lying within the State of California, County of Marin, City of San Rafael, being a portion of the lands the Sonoma -Marin Area Rail Transit District, as described in Grant Deed from Bacci Family LTD Partnership to Sonoma -Marin Area Rail Transit District, a public agency, filed for record on May 10, 2019, under Document Number 2019- 0015884 being more particularly described as follows: Commencing at a 2" Disk in Concrete designated and delineated as Point No. 156 on that Record of Survey of the Project Control for the Sonoma -Marin Area Rail Transit District", filled for record on July 9, 2010 in Book 2010 of Maps at Page 96, Marin County Records, from which point a 2" Aluminum Disk in Concrete, designated as Point No. 155 on said Record of Survey bears, South 411 14' 59" East a distance of 1241.93 feet; Thence from said Point of Commencement, North 10° 01' 46" East 81.04 feet to a point that lies on the northerly boundary of the Right of Way of the Lands of Sonoma - Marin Area Rail Transit District as described by grant deed, filed for record on March 27, 2006, under Document No. 2006-0018841, Official Records of the County of Marin, said point being the POINT OF BEGINNING of the parcel to be herein described; Thence from said POINT OF BEGINNING along said boundary, North 411 17' 25" West 364.59 feet; Thence leaving said boundary South 42° 50' 33" East 67.47 feet; Thence along a tangent curve to the left, with a radius of 60,00 feet, through a central angle of 22° 24' 51" 23.47 feet; Thence North 48° 45' 52" East 8.91 feet; Thence along a non -tangent curve to the right, from a tangent that bears South 41' 14' 08" East, with a radius of 1879.58 feet, through a central angle of 21 21' 18" 77.26 feet; Thence South 51° 07' 10" West 5.00 feet; Thence South 38° 49' l 1" East 3.99 feet; Thence North 51" 14' 29" East 5.00 feet; Thence along a non -tangent curve to the right, from a tangent that bears South 38° 45' 31" East, with a radius of 1879.58 feet, through a central angle of 2° 04' 45" 68.21 feet; Thence South 53° 19' 14" West 1.95 feet; Thence South 38° 16' 58" East 74.94 feet; Thence along a tangent curve to the right, with a radius of 1000.00 feet, through a central angle of 2° 53' 49" 50.56 feet to the POINT OF BEGINNING. Basis of Bearings: Record of Survey of the Project Control for the Sonoma -Marin Area Rail Transit District, file for record on July 9, 2010, in Book 2010 of Maps, at Page 96, Marin County Records. All bearings and distances within this description are based on California Coordinate System Zone 2, CCS83, Epoch 2008.00. To obtain Ground distances divide by 0.99989094. Containing 0.06 Acres more or less 1�0-� ini & Passarino, aures M. Dickey, P 352)1 ate 1360 North Dutton Avenue, Stiit F , Santa Rosa, CA 95401 Tel: (707) 542-6268 Fax: (707) 542-2106 www.cinquinipassarino.com CPI No.: 7240-15 Page 1 of 2 EXHIBIT 'B'jOti THIS DIAGRAM IS FOR GRAPHIC PURPOSES ONLY. ANY ANOERSEN DR S� AVE ERRORS OR OMISSIONS SHALL NOT AFFECT THE LEGAL a p,Jeri sl 040004 DESCRIPTION. SITE o REFERENCE fRANG15C0 $`� W ti�°z y� MONUMEN TS E ° POC FRra+clsc0 B`VD CP 155 156 S41'14'59"E 1241.93' �\ SITE MAP s� NO SCALE POB POINT OF COMMENCEMENT 156 • -------------------------- N 7 \ S.M.A.R.T. N41'17'25"W _ R=60.00' _ psF`\ — D.N. 2006-0018841 4=22'24'51" — �\ POINT OFL=23.47' O\ BEGINNING N41'17'25"W 364.59' , M A. .. • . • ~ L4 • L•�L1 . • S42'50'33"E 67.47' R=1000.00' j S38'1 6'5 74.94' �' ' 4=2'53'49" L=50.56' (T)S41'14'08"E R=1879.58' (T)S38'45'31 "E S.M.A.R.T. DISTRICT A-2'04'45" R=1879.58' 448'45'52"E 8.91' D.N. 2019-0015884 L=68.21' 4=2'21'18" rn _ L=77.26' WEST � Bp�LEVARp AY 1p1 � ARAN ------,CISCO � NIGNW STA LEGEND ®- • • • SUBJECT SWAP LENGTH ADJACENT BOUNDARY L1 — ORIGINAL RAILROAD RIGHT S51' 07' 10"W OF WAY — CENTERLINE OF RAILOAD Q 2 INCH DISK ORIGINAL AS DESIGNATED POB POINT OF BEGINNING POC POINT OF COMMENCENENT (T) TANGENT LINE TABLE LINE# LENGTH BEARING L1 5.00 S51' 07' 10"W L2 3.99 S38' 49' 11"E L3 5.00 N51' 14' 29'E L4 1.95 S53' 19' 14"W GRAPHIC SCALE 60 0 ,30 i 1 inch = 60 m UINI & PASSARINO, INC. JOB NAME: S.M.A.R.T. DISTRICT TO THE DRAWN BY: CS ICHECKED BY. JMD CITY OF SAN RAFAEL PART 2 SCALE: 1"=60' DATE: 4/19/19 DESCRIPTION: PARCEL SWAP JOB #: 7240-15 PAGE: 2 OF 2 LAND SURVEYING BOUNDARY 1360 No. Dutton Ave. TOPOGRAPHIC Santa Roso, Co. 95401 o CONSTRUCTION Phone: (707) 542-6268 Ao SUBDIVISIONS Fax: (707) 542-2106 WWW.CINQUINIPASSARINO. COM JOB NAME: S.M.A.R.T. DISTRICT TO THE DRAWN BY: CS ICHECKED BY. JMD CITY OF SAN RAFAEL PART 2 SCALE: 1"=60' DATE: 4/19/19 DESCRIPTION: PARCEL SWAP JOB #: 7240-15 PAGE: 2 OF 2 Exhibit "A" SMART District to The City of San Rafael Part 3 Lying within the State of California, County of Marin, City of San Rafael, being a portion of the lands of the Sonoma -Marin Area Rail Transit District, as described in Grant Deed filed for record on March 20, 2018 under Document No. 2018-009897, Official Records of the County of Marin, and a portion of the land as described in Grant Deed to Sonoma - Marin Area Rail Transit District, a public agency, filed for record on August 7, 2017 under Document Number 2017-0031472 being more particularly described as follows: Commencing at a 2" Disk in Concrete designated and delineated as Point No. 156 on that Record of Survey of the Project Control for the Sonoma -Marin Area Rail Transit District, filed for record on July 9, 2010 in Book 2010 of Maps at Page 96, Marin County Records, from which point a 2" Aluminum Disk in Concrete, designated as Point No. 155 ori said Record of Survey bears, South 41" 14' 59" East a distance of 1241.93 feet; Thence from said Point of Commencement, North 31' 25' 10" East, for a distance of 210.65 feet to a point that lies on the northerly boundary of the lands of Bacci filed for- record orrecord on May 10, 2019 under Document No. 2019-0015886, Official Records of the County of Marin and on the southerly boundary of the lands of The City of San Rafael filed for record on April 15, 2015, under Document No. 2015-0017225, Official Records of the County of Marin, also being Francisco Boulevard West, lying North 530 51' 42" West 98.82 feet from the northeast corner of said lands of Bacci, said point also being the POiNT OF BEGINNING of the parcel to be herein described; Thence from said POINT OF BEGINNING North 530 51' 42" West along the boundary of said lands of Bacci, for a distance of 61.67 feet; Thence continuing along said boundary on a tangent curve to the left, with a radius of 94.50 feet, through a central angle of 32° 08' 12", for a distance of 53.00 feet; Thence continuing along said boundary on a compound curve to the left, with a radius of 10.00 feet, through a central angle of 39° 36' 19", for a distance of 6.91 feet; Thence continuing along said boundary South 54° 25' 14" West, for a distance of 28.70 feet; Thence leaving said boundary North 35° 34' 46" West, for a distance of 15.58 feet; Thence South 52° 45' 56" West, for a distance of 7.71 feet; Thence along a non -tangent curve to the left, from a tangent that bears North 37° 14' 04" West, with a radius of 1927.08 feet, through a central angle of 2° 35' 53", for a distance of 87.39 feet; Thence North 57° 39' 24" East, for a distance of 15.45 feet; Thence oil a tangent curve to the right, with a radius of 80.00 feet, through a central angle of 14° 50' 52", for a distance of 20.73 feet to the southerly boundary of said lands of the City of San Rafael also being the northerly line of Sonoma -Marin Area Rail District as described in Document No. 2017- 031472, Official Records of the County of Marin; Thence along said line, South 54° 17' 37" East for a distance of 183.19 feet; Thence continuing along said line on a tangent curve to the right, with a radius of 53.56 feet, through a central angle of 30° 51 ' 43", for a distance of 28.85 feet to the POINT OF BEGINNING. Basis of Bearings: Record of Survey of the Project Control for the Sonoma -Marin Area Rail Transit District, file for record on July 9, 2010, in Book 2010 of Maps, at Page 96, 1360 North Dutton Avenue, Suite 150, Santa Rosa, CA 95401 TO: (707) 542-6268 Fax: (707) 542-2106 ,�%�Nnv.cinquin ipassari no.com CPi No.: 7240-15 Page 1 of 3 Marin County Records. All bearings and distances within this description are based on California Coordinate System Zone 2, CCS83, Epoch 2008.00. To obtain Ground distances divide by 0.99989094. Containing 0.13 Acres more or less 'repay 41ni & Passarino, Inc. /'"����- aures M. Dickey, PLate 1360 North Dutton Avenue, Suite 150, Santa Rosa, CA 95401 Tel: (707) 542-6268 Fax: (707) 542-2106 Hrnrn,.cinquinipassarino.cmn CPI No.: 7240-15 Page 2 of 3 EXHIBIT 'B' THIS DIAGRAM IS FOR GRAPHIC PURPOSES ONLY. ANY ERRORS OR OMISSIONS SHALL NOT AFFECT THE LEGAL DESCRIPTION. REFERENCE MONUMENTS POC 155 156 Q S41 `14-59"E 1241.93' Q \ POB POINT OF COMMENCEMENT RSEN OR sl p Deas s� SITE A g�VO W FRANCISCO ,O SITE MAP NO SCALE 156 SUBJECT SWAP • — — — — — — ORIGINAL RAILROAD RIGHT rn \ ... S.M.A.R.T. DISTRICT S.M.A.R.T. DISTRICT D.N. 2018-009897 D.N. 2019-0015884 R=1927.08' -- Gl -,(T)N37'14'04"W �L2.87� 0p 472 \ S54' 5514 W 28.70' „ .. p.N• 2p11 � 7145 56 W N57'392 "E 15.45 SACCI R=10.00' D.N. 2019-0015886 X39'36'19" L= 87 R=80.00' \\ R=94.50' L=6.91' 15.58' A=14'50'52" \ a-32'08'12. • I . • • WEST L=20.73' POINT OF \\ L�A2"W�1•o� ®•, . •,3� 183.19' oULEVARD If►� BEGINN/NG Ng3 5� . • Sg4'11 Q B _�•51''�2"W 9$'82 R=53.56' • FRAN��SC GHWAY 101 SPN d=30'51143" H G� Rpt PES 1225 L=28.85' STA lf ON 2p15_001 LEGEND • • • SUBJECT SWAP ADJACENT BOUNDARY — — — — — — ORIGINAL RAILROAD RIGHT OF WAY --- — CENTERLINE OF RAILOAD Q• 2 INCH DISK ORIGINAL AS DESIGNATED POB POINT OF BEGINNING POC POINT OF COMMENCENENT (T) TANGENT JOB NAME: S.M.A.R.T DESCRIPTION: PARCEL SWAP GRAPHIC SCALE 50 0 M inch = 60 fL CINQUINI & PASSARINO, INC. LAND SURVEYING m BOUNDARY 1360 No. Dutton Ave. m TOPOGRAPHIC Santa Rosa, Co. 95401 CONSTRUCTION Phone: (707) 542-6268 m SUBDIVISIONS Fax: (707) 542-2106 WWW CINOUINIPASSARINO COM T TO THE DRAWN BY: CS CHECKED BY: JMD AEL PART 3 SCALE: 1"=60' DATE: 4/19/19 JOB A 7240-15 PAGE: 3 OF 3 Exhibit "A" SMART District to The City of San Rafael Part 4 Lying within the State of California, county of Marin, City of Sail Rafael, being a portion of the lands of the Sonoma -Marin Area Rail Transit District, as described in Grant Deed to Sonoma -Marin Area Rail Transit District, a public agency, filed for record on August 7, 2017, under Document Number 2017-0031472 being more particularly described as follows: Commencing at a 2" Disk in Concrete designated and delineated as Point No. 156 on that Record of Survey of the Project Control for the Sonoma -Marin Area Rail Transit District, filed for record on July 9, 2010 in Book 2010 of Maps at Page 96, Marin County Records, from which point a 2" Aluminum Disk in Concrete, designated as Point No. 155 on said Record of Survey bears, South 41 ° 14' 59" East a distance of 1241,93 feet; Thence from said Point of Commencement, North 25° 15' 36" West, for a distance of 429.25 feet to a point that lies on the southerly boundary of the lands of the City of San Rafael, filed for record on April 15, 2015, under Document No. 2015-0017225, Official Records of the County of Marin, also being Francisco Boulevard West, said point being the POINT OF BEGINNING of the parcel to be herein described; Thence from said POiNT OF BEGINNING South 58° 56' 22" East along the boundary of said lands, for a distance of 82.49 feet; Thence continuing along said boundary on a tangent curve to the right, with a radius of 802.84 feet, through a central angle of 0° 23' 39", for a distance of 5.52 feet; Thence leaving said boundary South 53° 47' 52" West, for a distance of 24.86 feet; Thence on a non -tangent curve to the left, from a tangent that bears North 41 ° 24' 41 " West, with a radius of 1920.88 feet, through a central angle of 2° 26' 13", for a distance of 81.70 feet to the POINT OF BEGINNING. Basis of Bearings: Record of Survey of the Project Control for the Sonoma -Marin Area Rail Transit District, file for record on July 9, 2010, in Book 2010 of Maps, at Page 96, Marin County Records. All bearings and distances within this description are based on California Coordinate System Zone 2, CCS83, Epoch 2008.00, To obtain Ground distances divide by 0.99989094. Containing 0.02 Acres more or less Prepare y Cin it ' & Passarino, inc. all M. Dickey, PLS 7 35 �� r; t.;0, 7EZ- Date t " 1360 North Dutton Avenue, Suite 150, Santa Rosa, CA 95401 Tel: (707) 542-6268 Fax: (707) 542-2106 wN�,�v.cinquinipassarino.com CPI No.: 7240-15 Page 1 of 2 EXHIBIT 'B' THIS DIAGRAM IS FOR GRAPHIC PURPOSES ONLY. ANY ERRORS OR OMISSIONS SHALL NOT AFFECT THE LEGAL DESCRIPTION. REFERENCE ` MONUMENTS POC �'�•, _ 155 156 'S41'14'59'E 1241.93' _ POB �pNDERSEN p DUBOIS SS SITEn o FRANCISCO BLVD W pNCISCO glW E SITE MAP NO SCALE POINT OF COMMENCEMENT F7 - — --- ------------------------------------ *-Vk -- 156 S.M.A.R.T. _ — D.N. 2006-0018841 Wt 92 S.M.A.R.T. DISTRICT S.M.A.R.T. DISTRICT D.N. 2019-0015884 15884 D.N. 2018-009897 =1920. ' --- — &=2'26'13` ` \ 81.70' _ f -� T N41'24'41"W BACCI 0 POINT OF —� S53'47'52"W / *g2 4g BEGINNING ; x.31472 24.86' E —D.N. 2019 -0015886 -X520'7 -5A S58�6'22 D OF SpN C1 RAF p 7225 2015— (3 R=802.84' WEST D &_.0'23'39" L=5.52' BouLEVARD 101 NIGNyyAY FRANC'SCO STATE LEGEND GRAPHIC SCALE �� ... SUBJECT SWAP `° o ao ADJACENT BOUNDARY — — — — — -- ORIGINAL RAILROAD RIGHT I inch = 60 ft. OF WAY — CENTERLINE OF RAILOAD CONTINUATION Q — CINQUINI & PASSARINO, INC._ 2 INCH DISK ORIGINAL AS _. DESIGNATED LAND SURVEYING POB POINT OF BEGINNING POC m BOUNDARY 1360 No. Dutton Ave. POINT OF COMMENCENENT m TOPOGRAPHIC Santa Rosa, Co. 95401 (T) TANGENT m CONSTRUCTION Phone: (707) 542 6268 m SUBDIVISIONS Fax: (707) 542 2106 WWW.CINQUINIPASSARINO. COM JOB NAME: S.M.A.R.T. DISTRICT TO THE DRAWN BY: CS CHECKED BY' JMD CITY OF SAN RAFAEL PART 4 SCALE: 1'=60' DATE: 4/19/19 DESCRIPTION: PARCEL SWAP JOB #: 7240-15 PAGE: 2 OF 2 Exhibit "A" SMART District to The City of San Rafael Access Easement Lying within the State of California, County of Marin, City of San Rafael, being a portion of the lands of the City of San Rafael, as described in Grant Deed filed for record oil April 15, 2015, under Document No. 2015-0017225, Official Records of the County of Marin, being more particularly described as follows: Commencing at a 2" Disk in Concrete designated and delineated as Point No. 156 on that Record of Survey of the Project Control for the Sonoma -Marin Area Rail Transit District, filed for record on July 9, 2010 in Book 2010 of Maps at Page 96, Marin County Records, from which point a 2" Aluminum Disk in Concrete, designated as Point No. 155 on said Record of Survey bears, South 41* 14' 59" East a distance of 1241.93 feet; Thence from said Point of Commencement, North 10° 25' 27" West, for a distance of 314.06 feet to a point that lies on the northerly boundary of the lands of the Sonoma - Marin Area Rail Transit District, a public agency, filed for record on August 7, 2017, under Document No. 2017-0031472, Official Records of the County of Marin said point lies North 54° 17' 37" West 183.19 feet from the northwest terminus of a curve with a radius of 53.56 feet as shown in the Deed to Sonoma -Marin Area Rail Transit District filed under Document No. 2017-0031472, Official Records of the County of Marin, said point being the POINT OF BEGINNING of the parcel to be herein described; Thence leaving said boundary from said POINT OF BEGINNING on a curve to the left, from a tangent that bears South 72° 30' 16" West, with a radios of 80.00 feet, through a central angle of 3° 07' 37", for a distance of 4.37 feet; Thence North 40° 23' 12" West, for a distance of 14.27 feet to a point on said boundary; Thence leaving said boundary North 40° 23' 12" West, for a distance of 42.05 feet; Thence North 53° 47' 52" East, for a distance of 18.70 feet; Thence South 40° 23' 12" East, for a distance of 64.59 feet; Thence on a non -tangent curve to the left, from a tangent that bears South 84° 27' 03" West, with a radius of 80.00 feet, through a central angle of 1 1* 56' 47", for a distance of 16.68 feet to the POINT OF BEGINNING. Basis of Bearings: Record of Survey of the Project Control for the Sonoma -Marin Area Rail Transit District, file for record on July 9, 2010, in Book 2010 of Maps, at Page 96, Marin County Records. All bearings and distances within this description are based on California Coordinate System Zone 2, CCS83, Epoch 2008.00. To obtain Ground distances divide by 0.99989094. Containing 0.03 Acres more or less :ies par by in ini & Passarino, Inc. M. Dickey, PL 935 y`` ta.r 3 .. Date 1360 North Dutton Aventie;:Sililc,r•SQ, Santa Rosa, CA 95401 Tel: (707) 542 -6268• -i -ax::(*) 542-2106 www.cinquin ipassarino.cotn C'Pl No.: 7240-15 Page 1 of 2 EXHIBIT 'B' THIS DIAGRAM IS FOR GRAPHIC PURPOSES ONLY. ANYpNpERSEN aR si ERRORS OR OMISSIONS SHALL NOT AFFECT THE LEGAL A oUeo�s ss DESCRIPTION. SITE o m A FRpNC15G0 *'a so m GRAPHIC SCALE FRANC\SGG gEVO E `t SITE MAP inch - 60 ft. NO SCALE i PO/NT OF COMMENCEMENT ------------- • — — - - S.M.A.R.T. - — - — - 1\ N. 2006-0018841 � S.M.A.R.T. DISTRICT S.M.A.R.T. DISTRICT D . 2018-009897 D.N. 2019-0015884 N40'2312 "W S.0' �1 0p3 k'j2 06•� =80.00' 14.27' 0 N'E� BACCI A=3'07'37" N40'23'12"W Of SAN 811225 D.N. 2019-0015886 p0/NT OF \ �L\ 4.3T 42.05' C10 2p15—OO / BEG/NN/NG _ _ N5347'52"E / (T)S72'30'16"W �%-18.70' f1 01 Ng411,37.w %B3 -Ag' — — — -� HIGHWAY R=53.56 ..SCST STATE Bov�EVARD 1����-- R=80' 00' 3'12"E A— 1164.59 FRANCISCO— , (T)S84'27'03"W L=16.68' LEGEND POB POC (T) SUBJECT EASEMENT ADJACENT BOUNDARY ORIGINAL RAILROAD RIGHT OF WAY CENTERLINE OF RAILROAD CONTINUATION 2 INCH DISK ORIGINAL AS DESIGNATED POINT OF BEGINNING POINT OF COMMENCENENT TANGENT REFERENCE MONUMEN TS POC 155 156 o-S41'14'59"E 1241.93' • POB CINQUINI & PASSARINO, INC. LAND SURVEYING A BOUNDARY 1360 No. Dutton Ave. A TOPOGRAPHIC Santa Rosa, Co. 95401 m CONSTRUCTION Phone: (701) 542-6268 m SUBDIVISIONS Fax: (707) 542-2106 WWW.CINOUINIPASSARINO.COM JOB NAME: S.M.A.R.T. DISTRICT TO THE DRAWN BY: CS CHECKED BY:�JMDCITY OF SAN RAFAEL SCATE: 4/19/ DESCRIPTION: ACCESS EASEMENT .. .. __ . _ . _ _ _ -