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HomeMy WebLinkAboutCC Resolution 11889 (Grant Easement; 37 Palm Ave.)RESOLUTION NO. 11889 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING RECORDATION OF A CORRECTORY GRANT OF EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF STORM DRAIN FROM RICHARD R. JENKINS AND LINDA H. JENKINS AT 37 PALM AVENUE (APN 15-201-09). WHEREAS, on JANUARY 26, 2000, prior to the construction of the "Olive and Palm Avenues Storm Drain Replacement" project, the City Council of the City of San Rafael, California, obtained a storm drain easement from Richard R. Jenkins in Doc. 2000-0005020; and WHEREAS, the project "Olive and Palm Avenue Storm Drain Replacement" was completed in June 8, 2000; and WHEREAS, the easement recorded on January 26, 2000, from the Jenkins was in excess of what Public Works required to maintain the pipeline; and WHEREAS, a new easement description has been prepared based upon the accurate location of the storm drain facilities on the Jenkins' property; and WHEREAS, this new storm drainage easement description involved a minor change to the original easement recorded on January 26, 2000, in Document 2000-0005020; and WHEREAS, the City is required to file a Correctory Grant of Easement to replace the exhibits in the above said recorded document; and WHEREAS, that Correctory Grant of Easement will be in a form acceptable by the County Recorder's Office and by the City Attorney of said City, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of San Rafael, California, that that certain "Correctory Grant of Easement for the Construction and Maintenance of Storm Drain", in a form acceptable by the County Recorder's Office and the City Attorney, will be executed by Richard R. Jenkins and Linda H. Jenkins to the City of San Rafael and said City Council hereby directs the City Clerk of said City to cause said conveyance to be duly recorded in the office of the County Recorder of the County of Marin, State of California, forthwith upon the adoption of this Resolution. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 6th day of February, 2006, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANNE M. LEONCINI, City Clerk File No.: 08.02.200 111,V , 't"16-0012028 410. 2 '. 2006 When recorded mail to: Recordeu I REC FEE 0.00 VUBu; WORKS DEER Official Records I :F sr" RArAEI Countyof I City of San Rafael n Department of Public Works JOAN C. THAYER I 111 Morphew Street Assessor -Recorder San Rafael, CA 94901 I a Attention: Andrew J. Preston, Director 011:34AM 24 -Feb -2006 I Page 1 of 0 (Note: Certified copy of Resolution #11889, IIII'IIIII�II'IIIIIIIII�II'I'II�'I adopte6 by sail Ra(ael C..Ly Cuum.i1 2/ofXl, aLLadied. ) k EVlCl1`r Ff/n�L-411Va * toti15 4 ct*-Ti cA-reOr et�- CORRECTORY GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF STORM DRAIN *This document is being recorded to correct Exhibits attached to Doc. 2000-0005020 recorded on January 26, 2000 Richard R. and Linda H. Tenkins (hereinafter called "Grantor" without regard to number or gender) for an adequate consideration hereby GRANTS and conveys to the CITY OF SAN RAFAEL , a municipal corporation, an EASEMENT over the strip of land hereinafter described for the purpose of laying down, installing, constructing, renewing, inspecting, maintaining, repairing and using a public storm drain on or under said strip of land together with the right of ingress thereto and egress therefrom, in, on and across said strip of land and the contiguous real property of Grantor. Said strip of land is located in the City of San Rafael, County of Marin, State of California, and is more particularly described as follows: Storm drain easement as shown on the legal description and plat marked as Exhibit "A" & "B" attached. Grantor shall not plant, place or deposit anything in or on said strip of land which will damage or interfere with any of the rights granted hereunder nor shall Grantor erect or construct any building or other structure or drill or operate any well within said strip of land. The provisions hereof shall inure to the benefit of and assigns of the respective parties hereto. WITNESS hand this,3RW day of A44a7 20 -OL. -- r Auvl 0) Richard R. Je J STATE OF CALIFORNIA COUNTY OF MARIN 0'--U-Ak-, �/� I', - Linda H. jends On f E621Aw 23 1.o& before me, a Notary Public in and for said County and State, personally appeared I /IPORO le. ,7C4)t[nvS AN0 4/1upa4 Ll • ^i2A)KIA-5 aU k rrte (or proven to me on the basis of satisfactory evidence) to be the person(s) whose name(s).ie-/are subscribed to the within instrument and acknowledged to me that ltefshe/they executed the same in hfsf-ker/their authorized capacity(ies), and that by hisflter/their signature(s) on the instrument the person(s), or the entity upon behalf of w'c ELIa erson s) acted, executed the instrument. ESTHER COLETTE BEIRNE Commission # 1423444 -m WITNESS my hand and official seal. Notary Public - California Moen county [ My Comm. Expires Jun 10, 2007, Notary Public in for said County and State -), -L� ^z3 4;i�PGIIVAL (This area for official notarial seal ) Exhibit "A" Storm Drain Easement Lot 39 (1 M 4) A storm drain easement situate in the City of San Rafael, County of Marin, State of California, described as follows: An easement over a portion of Lot 39, in Block 24, as shown upon that certain map entitled "Map of Golden Meadow in Magnolia Park", filed for record September 27, 1887 in Volume of Maps at page 4, Marin County Records, said portion being more particularly described as follows: Beginning at a point on the southwesterly line of said Lot 39 (1 M 4), said point bearing North 56°39'00" West, 106.57 feet from the northwesterly line of Palm Avenue as shown on said map (1 M 4); thence along the southwesterly line of said Lot 39 (1 M 4), North 56°39'00" West, 3.43 feet; thence North 46°37'29" West, 68.41 feet to a point on the northwesterly line of said Lot 39 (1 M 4); thence along the northwesterly line of said Lot 39 (1 M 4), North 40°24'00" East, 10.01 feet; thence South 46°37'39" East, 79.60 feet; thence South 41°39'00" East, 30.87 feet to a point on the southwesterly line of said Lot 39 (i Zvi 4); thence along the southwesterly line of said Lot 39 (1 M 4), North 56°39'00" West, 38.64 feet to the point of beginning. Basis of bearings for this description is the Record of Survey recorded January 16, 1997 in Book 35 of Surveys at page 79, Marin County Records. Prepared by CSW/Stuber-Stroeh Engineering Group, Inc. Ronald B. Simpkins, L.S. No. 3201, Exp. 6/30/06 Date: 01/25/06 File: 4.1025.01 Checked by:_ Ron S - 4 1025 01 Palm _Ave SD wpd Exhibit 'B" (Corrected Plat) Diagram The City on Lands (Portion of 5torm Drain Easement AsCc[uisitIon to of 5an Rafael, Marin County, CA City of Jenkins A.P. No. 15-20 1-09) RECORDING REQUESTED, AND WHEN RECORDED RETURN TO: JEANNE M. LEONCINI, City Clerk City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 CERTIFICATE OF ACCEPTANCE The City of San Rafael hereby accepts the attached Grant of Easement for Construction and Maintenance of Storm Drain from Richard R. Jenkins and Linda H. Jenkins, owners of property at 37 Palm Avenue, San Rafael, Marin County, California. A copy of the easement is attached hereto and incorporated herein. Resolution No. 10575 authorizing the Mayor and City Clerk to execute this Certificate of Acceptance, was adopted by the City Council on Tuesday, January 18, 2000. DATED: /7- �/C ' — " ATTEST: 1L44. - )f -ANNE M. LEONCINI, City Clerk CITY OF SAN RAFAEL COPY RESOLUTION NO. 10575 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A CERTIFICATE OF ACCEPTANCE OF THE GRANT OF AN EASEMENT FROM RICHARD R. JENKINS AND LINDA H. JENKINS, FOR THE CONSTRUCTION AND MAINTENANCE OF STORM DRAIN FACILITES AT 37 PALM AVENUE, SAN RAFAEL THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES AS FOLLOWS: The City Council does hereby accept for the City of San Rafael the Grant of Easement for' construction and maintenance of storm drainage facilities from Richard R. Jenkins and Linda H. Jenkins, over a certain portion of their property located at 37 Palm Avenue in the City of San Rafael. The MAYOR and the CITY CLERK are hereby authorized to execute, on behalf of the City of San Rafael, a Certificate of Acceptance of a Grant of Easement for the Construction and Maintenance of Storm Drainage Facilities, from Richard R. Jenkins and Linda H. Jenkins, property owners of 37 Palm Avenue in the City of San Rafael, County of Marin, State of California. Copies of the "Certificate of Acceptance" and the "Grant of Easement for Construction and Maintenance of Storm Drain", are attached hereto and by this reference made a part hereof. I, JEANNE M. LEONCINI, 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 City Council of the City of San Rafael, held on Tuesday, the eighteenth day of January, 2000, by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None . ` .: JE � M. LEONC NI, City Clerk �r .41\4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Marin On Jan. 24, 2000 Date personally appeared , before me, Albert J. Boro r NANCY EURMAN D 0 ® COMM. 01086576 1 d NOTARY PUBLIC -CALIFORNIA 0 Q , v v MARwCOUNTY My Comm. Expires Feb. 4, 2M Place Notary Seal Above Ss. Nancy Eurman, Notar�r Public , Name and Tr of officer (e.g., ' ane Doe, Notary Public ) Name(s) of Signer(s) ' XX personally known to me ❑ proved to me on the basis of satisfactory evidence to be the persont' whose name(,&}(3afsq subscribed to the withi instrument and acknowledged to me tha h she/they executed the same in hi /tW;ir authorized capacityg, %ss), and that by hi /bWtigir signaturefs�_on the instrument the person(o, or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. Signatureof Notary Pu Ilc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Certificate of Acceptance for Grant of Easement re Jenkins property (APN 15-201-09) Document Date: Jan. 24, 2000 Number of Pages: Five Signer(s) Other Than Named Above: n/a Capacity(ies) Claimed by Signer Signer's Name: Albert J. Bo ro ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Ill Other: Flavor Signer Is Representing: City of San Rafael Top of thumb here 0 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 Prod. No. 5907 Reorder Call Toll -Free 1.600-676-6827 RESOLUTION NO. 11889 A RESOLUTION OF THE CITY C OUNCIL OF THE CITY OF SAN RAFAEL APPROVING RECORDATION OF A CORRECTORY GRANT OF EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF STORM DRAIN FROM RICHARD R. JENE INS AND LINDA H. JENE INS AT 37 PALM AVENUE (APN 15-201-09). WHEREAS, on JANUARY 26, 2000, prior to the construction of the "Olive and Palm Avenues Storm Drain Replacement" project, the City Council of the City of San Rafael, California, obtained a storm drain easement from Richard R. Jenkins in Doc. 2000-0005020; and WHEREAS, the project "Olive and Palm Avenue Storm Drain Replacement" was completed in June 8, 2000; and WHEREAS, the easement recorded on January 26, 2000, from the Jenkins was in excess of what Public Works required to maintain the pipeline; and WHEREAS, a new easement description has been prepared based upon the accurate location of the storm drain facilities on the Jenkins' property; and WHEREAS, this new storm drainage easement description involved a minor change to the original easement recorded on January 26, 2000, in Document 2000-0005020; and WHEREAS, the City is required to file a Correctory Grant of Easement to replace the exhibits in the above said recorded document; and WHEREAS, that Correctory Grant of Easement will be in a form acceptable by the County Recorder's Office and by the City Attorney of said City, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of San Rafael, California, that that certain "Correctory Grant of Easement for the Construction and Maintenance of Storm Drain", in a form acceptable by the County Recorder's Office and the City Attorney, will be executed by Richard R. Jenkins and Linda H. Jenkins to the City of San Rafael and said City Council hereby directs the City Clerk of said City to cause said conveyance to be duly recorded in the office of the County Recorder of the County of Marin, State of California, forthwith upon the adoption of this Resolution. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 6th day of February, 2006, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANNE M. LEONCINI, City Clerk File No.: 08.02.200 �'