HomeMy WebLinkAboutCC Resolution 11606 (999 Third St. Title Dispute; PG&E)CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLUTION NO. 116 0 6
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
AMONG THE CITY OF SAN RAFAEL, PACIFIC GAS AND ELECTRIC COMPANY,
AND THE CALIFORNIA STATE LANDS COMMISSION TO SETTLE A TITLE
DISPUTE FOR 999 THIRD STREET (APN 011-265-01)
WHEREAS, the City of San Rafael (the City) contends that it holds interest in the
property at 999 Third Street (APN 011-265-01), as described in the attached settlement
agreement, in trust for the public, subject to State supervisory and reversionary interest; and
WHEREAS, Pacific Gas & Electric (PG&E), the property owner, contends for various
reasons, that no City or State interest exists in the Trust Termination Parcel; and
WHEREAS, it is in the best interest of the parties involved to resolve their disputes by
compromise settlement and to avoid costs, time requirements and uncertainties in litigation.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Mayor is hereby
authorized to execute, on behalf of the City Council, and make amendments as deemed necessary
by legal counsel, the attached settlement agreement whereby the City will quitclaim its interest in
the parcel and PG&E will pay the City the sum of Seventeen Thousand and Two Hundred
Dollars ($ 17,200).
BE IT FURTHER RESOLVED, that the City Council of the City of San Rafael hereby
authorizes the Mayor to execute all additional documents necessary to implement the agreement
entered into under this Resolution.
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 held on the 19th of July 2004, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
nm\statel ands\999third\\pgeslcres
JEANI �?K1. LEONCM, City Clerk
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
STATE OF CALIFORNIA
State Lands Commission
Attn: Title Unit
100 Howe Avenue, Suite 100 -South
Sacramento, CA 95825-8202
STATE OF CALIFORNIA
OFFICIAL BUSINESS
Document entitled to free recordation
pursuant to Government Code Section 27383
A.P.N. #SLC No.
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
AGREEMENT FOR THE SETTLEMENT OF A TITLE DISPUTE
IN THE CITY OF SAN RAFAEL, COUNTY OF MARIN, AMONG THE
CITY OF SAN RAFAEL, THE PACIFIC GAS & ELECTRIC COMPANY, AND THE
CALIFORNIA STATE LANDS COMMISSION
Instructions to the County Recorder of the County of Marin:
This document includes Deeds of Parties to the Agreement to other Parties to it. Please
index this document as follows:
Grantor
Grantee
The City of San Rafael, as trustee The Pacific Gas & Electric
pursuant to Ch. 83, Stats. 1923, Company, a California
as amended corporation
Exhibit in which Real
Property is Described
A
The State of California, acting The Pacific Gas & Electric A
by and through Company, a California
the State Lands Commission corporation
The parties to this Agreement, dated , 2004, are the State of California, acting by
and through the State Lands Commission (the "State"); the City of San Rafael, as trustee pursuant to
Chapter 83, Statutes of 1923, as amended (the "City"); and The Pacific Gas & Electric Company, a
COPSE
Y
California corporation ("PG&E"). The State, the City, and PG&E will be referred to collectively in this
Agreement as the "Parties."
RECITALS
1. This Agreement concerns a parcel of real property in the City of San Rafael, County of Marin,
referred to throughout this Agreement as the "Trust Termination Parcel," and which is described in
Exhibit A and shown for reference in Exhibit B. Both Exhibits A and B are attached to this Agreement
and are incorporated by reference as parts of it.
2. The State of California, upon its admission to the United States of America on September 9,
1850, by virtue of its sovereignty, received in trust title to all tide and submerged lands within the
boundaries of the state for the purposes of commerce, navigation, and fisheries.
The State of California, by virtue of the Arkansas Swamp Lands Act of September 28, 1850,
received title from the United States of America to certain swamp and overflowed lands located within
the State's boundaries. Pursuant to the Arkansas Swamp Lands Act and state implementing statutes and
sales, certain lands within the Trust Termination Parcel were included within the perimeter boundary of
Swamp and Overflowed Survey Number 1, Marin County, referred to below.
4. Pursuant to the provisions of Division 6 of the Public Resources Code, including Sections 6301
and 6307, the State Lands Commission is vested with all jurisdiction and authority as to all right, title,
and interest in tidelands and submerged lands held by the State in trust for the benefit of the people of the
State.
5. In its last natural condition, a portion of the Trust Termination Parcel lay within marshes adjacent
to San Rafael Creek or its tributaries. San Rafael Creek is tributary to San Francisco Bay, and is a
navigable body of water subject to tidal action.
6. The staff of the Commission and City have researched the title history of the Trust
Termination Parcel. The research has shown that the Trust Termination Parcel has a complex title
history. Some of the facts related to the Trust Termination Parcel are as follows (without agreement
by PG&E as to the conclusions or factual premises underlying them):
a. Title to the Trust Termination Parcel has been uncertain since the first deeds out from
state and local government pertaining to the Trust Termination Parcel. In part, this is
because state and federal deeds and patents affecting the Trust Termination Parcel
have used different surveyed township lines in their descriptions.
b. In 1858, the State of California issued Swamp and Overflowed Survey #1 ("S&O 1"),
Marin County, to Timothy Mahon. This was surveyed and monumented in reference
to a ground survey performed by Alfred Eskoot. The northern boundary of S&O 1
was the township line located by Eskoot approximately 75 feet south of the accepted
township line later surveyed by Hoffman. The Supreme Court of California
determined that S&O 1 extended only to the Eskoot line, leaving a gap of land for
which there was no conveyance to a private party. Mahon v. Richardson (1875) 50
Cal. 333.
C. In 1870, the United States located the townsite of San Rafael to the north of the
Hoffman township line. In 1871, the United States General Land Office completed a
segregation survey to separate marsh and tidelands from uplands. Part of the townsite
lay in the marsh or tidelands, both of which were state property.
d. The California Board of Tidelands Commissioners surveyed lots #31 and #32 within
the Trust Termination Parcel under its authority contained in Chapter 388, Statutes
1869-1870. Payment records were found for lot #32, but not for lot #31, meaning that
the latter was almost certainly never sold.
C. Based upon the title facts concerning the Trust Termination Parcel, the State and City,
with the advice of the Office of the Attorney General, have asserted that a public title
interest in tidelands (or possibly unconveyed swamp and overflowed lands) remains
within the Trust Termination Parcel.
7. PG&E has performed its own research, and asserts that no State of California or City title
remain in the Trust Termination Parcel for several reasons. PG&E's arguments are as follows
(without agreement by the State or City as to the conclusions or factual premises underlying them):
a. The Trust Termination Parcel is located at the highest reaches of the marshes
surrounding San Rafael Creek, where the marsh meets the upland. The Trust Termination Parcel
contains no sloughs or tributaries of San Rafael Creek. The Trust Termination Parcel is not tide or
submerged land, but rather a mix of marshland lying above the tides and upland.
b. All of the Trust Termination Parcel was sold into private ownership through multiple
sources more than one hundred years ago. One source is Board of Tideland Commissioners Lot #32;
another is deeds for the San Rafael townsite, which, by federal law, may include areas of swamp and
overflowed land; and a third is S&O 1.
C. In the remand to the trial court in the Mahon v. Richardson case, the predecessor in
title to PG&E took judgment by stipulation to the Trust Termination Parcel. That judgment has
never been disturbed throughout PG&E's use and possession of the Trust Termination Property.
d. All of the Trust Termination Parcel has been in title and possession of PG&E for
more than a century, and all taxes paid. PG&E has demonstrated its ownership openly, and has
improved the property extensively over the course of a century. Any title uncertainty related to
swamp and overflowed lands has been cured by PG&E's adverse possession of the Trust
Termination Parcel. Lands of this type could be adversely possessed during the applicable time
period. (Peovle v. Banning Co. (1914) 167 Cal. 643).
8. By Chapter 83, Statutes of 1923, the State of California granted in trust to the City of San Rafael
all tide and submerged land, whether filled or unfilled, within the boundaries of San Rafael as those
boundaries then existed. That statutory grant conveyed any and all remaining sovereign title interests of
the State of California in the Trust Termination Parcel, to be held by the City in trust subject to the
provisions of said statute and the common law public trust. The City has held title to such lands pursuant
to Chapter 83, Statutes of 1923, as amended, and pursuant to the common law public trust since that
time.
9. The Trust Termination Parcel has been filled and reclaimed and removed from the public
channels, and is no longer available or useful or reasonably susceptible of use or required for public trust
purposes.
10. The rights, titles, and interests in the Trust Termination Parcel is subject to legal and factual
uncertainty.
11. It is in the best interests of the Parties to resolve uncertain interests within the Trust Termination
Parcel by compromise settlement.
12. In the interest of settlement, the State and the City have conducted a study and evaluation of the
title evidence and the principles of law and the merits of the legal positions of the parties to the
Agreement.
13. The Trust Termination Parcel has over the years been subject to substantial artificial influences
including, but not limited to, filling and other improvements.
14. The consequent uncertainties as to the true location, character, and boundaries of the tide and
submerged lands within the Trust Termination Parcel and the existence of public trust interests are now
impeding development of the Trust Termination Parcel for either private or public use.
15. The public interest requires that the outstanding title problems be resolved and forever laid to
rest through agreement among the Parties.
16. The California Legislature has enacted Chapter 1742, Statutes of 1971 to provide for the
settlement of title and boundary problems in the City of San Rafael and to provide for the exchange of
certain lands or interests in lands which are currently located above the line of mean high tide and which
are no longer necessary or useful for commerce, navigation, and fisheries.
17. Chapter 1742 further provides that when such lands have been filled, the City, upon receipt of
such consideration as is authorized in Chapter 1742, may by document, quitclaim or conveyance,
convey, release or quitclaim portions of such lands.
18. The State and the City have appraised the present economic value of the Trust Termination
Parcel, and have determined that the consideration provided by this Agreement to be received by the City
and State acting in their trust capacities is equal to or exceeds the value of any and all sovereign interests
in the Trust Termination Parcel.
19. The State and the City have determined that the potential sovereign interest, if any, in the Trust
Termination Parcel constitutes a relatively small parcel when considered in relation to the present
waterway as defined in Chapter 1742, Statutes of 1971, and to the entirety of the lands granted in trust to
the City of San Rafael.
20. The parties have, after extensive negotiation, decided that it is in the best interest of each to
resolve this uncertainty by this Agreement, in which:
A. The City, acting as trustee pursuant to Chapter 83, Statutes of 1923, as amended, shall
quitclaim to PG&E any and all sovereign interests in the Trust Termination Parcel the City may
hold by virtue of that statute, as amended;
B. The State shall quitclaim to PG&E any and all of the State's interests by virtue of its
sovereignty in the Trust Termination Parcel;
C. Upon recording of this Agreement and its associated deeds, the public trust for
commerce, navigation, and fisheries, and the trusts imposed by Chapter 83, Statutes of 1923, as
amended, shall be terminated in the Trust Termination Parcel; and
D. PG&E shall contribute the sum of $17,200 to a fund administered by the City for the
acquisition of land in or along the present San Rafael Canal, which property shall become subject
to the common law public trust and to Chapter 83, Statutes of 1923, as amended.
21. This Agreement will permit the Trust Termination Parcel to be developed for private purposes,
and will provide the City with funds to purchase real property for the purposes enumerated in Chapter
83, Statutes of 1923, as amended, and the common law public trust for commerce, navigation and
fisheries.
AGREEMENT
In consideration of the foregoing recitals and the mutual agreements contained herein, the
parties do agree as follows:
1. Citv's Quitclaim of Trust Termination Parcel to PG&E.
The City of San Rafael, acting as trustee pursuant to the terms of Chapter 83, Statutes of 1923, as
amended, shall remise, release, and quitclaim the Trust Termination Parcel described in Exhibit A to
PG&E. The form of the quitclaim shall be as shown in Exhibit C, attached to this Agreement and
incorporated as a part of it.
2. State's Ouitclaim of Trust Termination Parcel to PG&E.
The State of California shall remise, release, and quitclaim all of the State's rights held by
virtue of its sovereignty, or reserved to the State by Chapter 83, Statutes of 1923, as amended, in the
Trust Termination Parcel described in Exhibit A to PG&E. The form of the state patent shall be as
shown in Exhibit D, attached to this Agreement and incorporated as a part of it.
3. Agreement Regarding Possible Unconveved Swamp and Overflowed Lands.
The State and the City agree, for purposes of this Agreement only, that, if there are any
unconveyed swamp and overflowed lands within the Trust Termination Parcel, title to them has passed
into private ownership through either adverse possession or through the effect of the trial court ruling on
remand in the case of Mahon v. Richardson (1875) 50 Cal. 333.
4. PG&E's Contribution of $17,200 to Fund Administered by the City.
PG&E shall contribute $17,200 to the fund administered by the City of San Rafael, as trustee
pursuant to Chapter 83, Statutes of 1923, as amended, as agreed to by the State, as compensation for the
City's and State's interests within the Trust Termination Parcel.
5. State Lands Commission Findings.
The State Lands Commission, by its approval and authorization of the execution of this
Agreement, and upon its recordation:
A. Finds and declares that the Trust Termination Parcel has been improved and
reclaimed to above the line of mean high tide; is no longer useful or susceptible of being
used for commerce, navigation, and fisheries or the terms of the grant to the City of San
Rafael; and is no longer tide and submerged lands in fact; and is hereby freed from such
statutory and common law trusts.
B. In accordance with Sections 5, 6, and 7 of Chapter 1742 of the Statutes of 1971,
approves this Agreement and the conveyances provided for herein and approves the
conveyance to PG&E of all of the sovereign right, title, and interest of the State and City
in the Trust Termination Parcel.
C. In accordance with Sections 5, 6, and 7 of Chapter 1742, Statutes of 1971,
approves the conveyance by the City to PG&E of all right, title, and interest held by
virtue of Chapter 83, Statutes of 1923, as amended, in the Trust Termination Parcel.
D. Further finds and declares that the consideration to be placed in an account and to
be held in trust by the City for the purchase of land acquired through this Agreement has
a value equivalent to or exceeding the value of the interests of the State and City being
conveyed to PG&E in the Trust Termination Parcel, and approves the adequacy of the
consideration as determined by the City and State with respect to the settlement provided
for herein, in accordance with Sections 5, 6 and 7 of Chapter 1742 of the Statutes of
1971.
E. Finds and declares that the provisions of Section 8.5, Chapter 1742, Statutes of
1971, shall not apply to the Trust Termination Parcel. The reason for this is that the
application of Section 8.5 would prevent the settlement of this title dispute which
settlement is in the public interest.
F. Finds that this Agreement is in the best interests of the State for the improvement
of navigation, the enhancement of the configuration of the shoreline, for improvement of
water and upland, and for protection, preservation, and enhancement of tidelands and
submerged lands and public access thereto.
6. PG&E's Payment into City's Land Bank Fund.
PG&E shall pay the sum of $17,200 to the City for the purpose of, and to spend according to, the
procedures set forth in Paragraphs 21 and 22 of this Agreement.
7. No Chanize in Ownership.
The conveyances provided for in this Agreement are solely for the purposes of perfecting title to
real property and do not represent a change of ownership as that term is defined in section 62(b) of the
California Revenue and Taxation Code or any other applicable law. Additionally, no transfer tax shall be
charged, assessed, levied or collected from the private party as a result of the implementation of this
Agreement.
8. Effective Date of Agreement.
This Agreement will become effective upon its execution by all parties and its recordation with
the conveyances implementing the Agreement.
9. Prohibition on Sale or Encumbrances.
Upon execution of this Agreement, neither the City, State nor PG&E shall sell, transfer, assign,
mortgage, pledge or hypothecate, whether by operation of law or otherwise, any of their respective rights,
title, or interests in or to the Trust Termination Parcel, until this Agreement has been recorded or is void
by the terms of the Agreement.
10. Escrow and Recordation.
An escrow shall be opened in the offices of Fidelity National Title Insurance Company (the "Title
Company"). The parties agree to deposit the following documents in the escrow account:
A. Deposits by Parties:
(1) STATE shall deposit the following documents:
(a) A minute item of the State Lands Commission showing its approval of this
Agreement at its October 20, 2003, meeting and that the Commission has
authorized the execution of the Agreement and associated conveyances;
(b) This Agreement, duly and properly executed by it.
(c) The conveyance required by Paragraph 2, duly executed by the State.
(2) CITY shall deposit the following documents:
(a) A certified copy of a resolution of its City Council approving this Agreement
and authorizing its execution on City's behalf along with the required conveyance
from the City to PG&E; and
(b) This Agreement, duly and properly executed by it.
(c) The conveyance required by Paragraph 1, duly executed by the City.
(3) PG&E shall deposit the following documents:
(a) Evidence acceptable to City and State of the authority of the individual
executing this Agreement on behalf of PG&E;
(b) This Agreement, duly and properly executed by it;
(c) A cashier's check or other ready funds in the amount of $17,200.00, made
out to the "City of San Rafael, as trustee pursuant to Chapter 83, Statutes of
1923, as amended;" and
(d) A letter stating its approval of the condition of title to the Trust Termination
Parcel as shown in a pro forma title commitment issued by the Title
Company in a coverage amount acceptable to PG&E.
11. Judicial confirmation.
Within ten days of the executions by the Parties and the Governor of this Agreement, PG&E
shall give written notice to the Title Company and to State and City that it has or has not elected to file
an action in the Superior Court of the County of Marin to secure a judicial determination of the validity
of this Agreement under Code of Civil Procedure Section 760.010 gt sea., Section 764.080, or through
other legal authority. If PG&E elects to seek a validation determination, the Title Company shall not
record this Agreement until a judgment has been entered validating this Agreement. If PG&E fails to
give notice of election to seek judicial confirmation, the Title Company shall record this Agreement
pursuant to Paragraph 13. If the election is made to file an action to confirm the validity of this
Agreement, the action shall be brought by PG&E within 30 days of the date of election to seek judicial
validation of this Agreement. Otherwise, the Agreement shall be recorded by the Title Company
according to Paragraph 13. PG&E or its successors may subsequently, if either wishes, bring an action
to confirm the validity of this Agreement, provided that PG&E or its successors in interest bear all costs,
including State and City costs for attorneys, surveyors, and appraisers to assist in the preparation and
presentation of such action.
12. Anneal of Judgment.
Upon entry of any judgment confirming the validity of the settlement embodied in this
Agreement as provided in Paragraph 11, each party shall waive its right to appeal from the judgment.
Any judgment declaring the Agreement invalid may be appealed by any of the Parties.
13. Recordation.
Upon the receipt of all the documents listed in paragraph 10 of this Agreement and a certified
copy of a judgment approving this Agreement (if one was secured through a confirmation lawsuit), the
Title Company, if it has not received a written objection by a party hereto to the closing of escrow, shall
notify the parties of its intention to close escrow and to record this Agreement and any related documents
and shall set a date certain for such recordation and closing. At 8:00 a.m., or as early as possible on the
date chosen for the close of escrow, the Title Company shall record this Agreement in the Office of the
County Recorder for the County of Marin, California. The Title Company shall then deliver the $17,200
check to the City.
14. No admissions made.
This agreement is one of compromise. Accordingly, the parties agree that none of its provisions
constitutes, or shall be construed as, an admission concerning the boundaries, physical character, or
character of title to or interests in any waters or lands outside of the area of the Trust Termination Parcel.
The parties also agree that nothing contained in this Agreement shall be admissible in any litigation other
than litigation to enforce its provisions. If this Agreement does not become effective, nothing in it shall
be an admission concerning boundaries, physical character, or character of title to or interests in the
Trust Termination Parcel.
15. Acknowledgments.
In the execution of this Agreement, each party shall furnish such acknowledgments and
certifications as may be necessary to duly and properly record this Agreement and the State and City
quitclaims in the Office of the Recorder of the County of Marin, California.
16. Additional Documentation.
The parties shall execute, acknowledge, and deliver such additional documents and instruments
as may be necessary to carry out this Agreement.
17. Headings.
The title headings of the sections of this Agreement are inserted for convenience only and shall
not be deemed to be part of this Agreement or considered in construing this Agreement.
18. Accentance of Convevances and Consent to Recording.
By their execution of this Agreement, the parties each authorize acceptance of and accept the
conveyances of each other party. Further, the parties consent to the recordation of this Agreement and
the conveyances in it by their execution below.
19. California Law.
This Agreement is to be deemed entered into in the State of California and shall be construed and
interpreted in accordance with the laws of the State of California.
20. Allocation of Costs and Expenses.
PG&E shall bear any expenses and fees associated with the escrow and the recordation of this
Agreement. All other fees, costs, and expenses for any attorney, engineer, or other person employed or
retained by a party in connection with this Agreement shall be borne by that party.
21. Use of Funds by City.
The City and State have established an account for depositing the $17,200 generated by this
Agreement. The City and State hereby agree that the funds deposited in the account established by them
shall be held in trust subject to all provisions of Chapter 1742 of the Statutes of 1971, as amended, as
well as the common law public trust, and shall be used only for the purchase of lands which are in their
present condition useful or susceptible to use for public trust purposes.
22. Purchase of Parcels by City.
The City and the State further agree that any lands purchased with the funds deposited in the
account established by them shall take on the legal character of tide and submerged lands held in trust
subject to the provisions of Chapter 83 of the Statutes of 1923, as amended, as well as the common law
trust for commerce, navigation, and fisheries.
23. Advice of Counsel.
In entering into this Agreement, the parties represent that they have relied upon the legal advice
of their attorneys who are the attorneys of their choice. The parties further represent that the terms of
this Agreement have been completely read by and explained to them by their attorneys, and that they
fully understand and voluntarily accept those terms.
24. Construction.
Each party and counsel for each party has reviewed and revised this Agreement, and accordingly,
the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting
party shall not be employed in the interpretation of this Agreement.
25. No Effect Unon Other Government Jurisdiction.
This Agreement has no effect whatsoever on the regulatory, environmental, or other jurisdiction
of any federal, state, local, or other government entity.
26. No Admission or Effect If Agreement Not Recorded.
If this Agreement is not recorded by December 31, 2004, (unless extending in writing by the
Parties) the Agreement will have no force of effect, and no party will have any rights, duties, claims, or
obligation under it.
27. Entire Agreement.
This Agreement contains the entire agreement between the parties with regard to the matters set
forth. This Agreement may be amended or modified only by an agreement in writing executed in the
same manner as this Agreement, with the exception of an agreement to extend the date by which it is to
be recorded.
28. Effective Date.
This Agreement shall become effective only upon execution and recordation of this Agreement.
To become effective, this Agreement must be recorded by December 31, 2004, or within 30 days from
entry of any judgment approving the Agreement, whichever is later, unless extended in writing by the
Parties.
To witness this Agreement, the parties have executed this Agreement as of the day and year
set forth opposite each signature below:
DATED:
BILL LOCKYER
Attorney General of the
State of California
to
, 2004
JOSEPH C. RUSCONI
Deputy Attorney General
APPROVED AS TO FORM
DATED: �f ~ey , 2004
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City AttQTrfey /
STATE LANDS COMMISSION
LIM
PAUL D. THAYER
Executive Officer
THE CITY OF SAN RAFAEL
BY: ,A G'�'1
Mayor ert J. Boro
ATTEST:
�eanneM. Leoncini,
City Clerk
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Mares
On October 18, 2004 before me, Esther Colette Beirne, Notary Public
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public )
personally appeared Albert J. Boro
Name(s) of Signer(s)
OTHERCOLOMOWM
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C. • M1123�Notary Pubic -CWo� ft
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1cpin.Nn1Q,
E:R personally known to me
❑ 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/herltheir
signature(s), on the instrument the person(s), or
the entity upon behalf of which the person(s)-
acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
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: Agr, for Settlement of Title Dispute Among the
City of San Rafael, PG&E and California State Lands Commission
Document Date: --- Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name: Albert J. Boro, P'layor
runa�rueduo:ue
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❑ Individual Top of thumb here
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: City of San Rafael
0 1999 National Notary Association • 9350 De Soto Ave., P.O. Boz 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-600-876-6527
THE PACIFIC GAS AND ELECTRIC
COMPANY, a California corporation
By: ft &
Its:
APPROVED AS TO FORM
DATED: �^^�6� 2-7 , 2004
Aa O'B en
Coblentz, Patch, Duffy & Bass
STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO} SS.
On L 1. CIZA , 20CA before me, the undersigned, a Notary Public in and for said State,
personally appeared, Steven T. Coleman, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that she executed the
same in her authorized capacity, and that by her signature on the instrument, the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my h an:, -,D
official seal.
(Seal)
ignature
STATE OF CALIFORNIA
COUNTY OF )SS.
QMVCoJ. 1. VMI GOiMAN�
Commission # 1403716
rM.Exj*esMor29,2007i
Notary Public - California
San Francisco County
On before me, the undersigned, a Notary Public in and for said
State, personally appeared, . personally known to me (or
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.
WITNESS my hand and official seal.
(Seal)
Signature
IN APPROVAL WHEREOF, I, ARNOLD SCHWARZENEGGER, Governor of the State of
California, have set my hand and caused the seal of the State of California to be hereunto affixed
pursuant to section 6107 of the Public Resources Code of the State of California. Given under my
hand at the City of Sacramento, this day of two thousand four.
ARNOLD SCHWARZENEGGER
GOVERNOR
STATE OF CALIFORNIA
ATTEST:
KEVIN SHELLEY
SECRETARY OF STATE
By:_ ...... —
Title:
EXHIBIT A
Page 1 of 2
DESCRIPTION
All that certain real property situate in the City of San Rafael
County of Marin, State .of California, described as follows:
PARCEL ONE:
BEGINNING at a point being the Northwesterly corner of Lot 1 in Block ki, as shown upon
that certain map entitled, "Plat of the Townsite of the Town of San Rafael", filed for
record October 14, 1873 in Rack 1 of.Raps, at Pull 4, Mar -in County Records, thence
Easterly along the Southerly line of Third Street, as shown on said man, 200 feet;
thence at right angles Southerly 150 feet; thence at right angles Westerly parallel
with said Southerly line of Third Street 200 feet to a point on the Easterly line of a
Street shown upon said map; thence Northerly along the Easterly line of said last
mentioned street 150 feet to the point of. beginning.
BEING that certain parcel of land_ conveyed by Allan Lee ; et al, to the San Rafael Gas
and Electric Light Company, a California Corporation, recorded March 23, 1888 in Book 7
of Deeds a tPage 532, Marin County Records.
PARCEL TWO:
BEGINNING at a point on the Southerly line of Third Street distant thereon 195 4/12
feet Easterly from the Easterly line of "A" Street, as said streets are shown upon that
certain Map entitled, "Plat of the townsite of the Town of San Rafael', filed for
record October 14, 1873 in Rack 1 of Maps at Pull 4, Marin County Records, thence
Southerly at a right angle of Third Street 308 feet to a point on the Northerly line of
Second Street distant thereon 195 4/12 feet Easterly from the Easterly line of "A"
Street; thence Easterly along Faid Northerly line of Second Street 168 feet; thence
leaving said Northerly line of Second Street Northwesterly to a point distant 310 4/12
feet Easterly from "A" Street and 181 feet Southerly from Third Street; thence
Northerly parallel to "A" Street 181 feet to a point on the Southerly line of Third
Street; thence Westerly along said Southerly line of Third Street 115 feet to the point
of beginning.
BEING that certain parcel of land conveyed by Will Brooks to The San Rafael, Gas and
Electric Light Company, a corporation, recorded;November 13, 1893 in Book 28 of Deeds
at Page 88, Marin,County Records.
EXCEPTING therefrom that portion described by that certain Deed executed by Pacific Gas
and Electric Company, a California Corporation. to The City of San Rafael, a municipal
corporation, recorded April 10, 1912 in Book 142 of Deeds .at Page 439, Marin County
Records.
PARCEL THREE:
BEGINNING at a point being the Southwest corner of the San Rafael Gas and Electric
Light Company's gas works said point being on the Easterly line of Court Street distant
150 feet Southerly from the Southerly line of Third Street, as shown upon that certain
map entitled, "Plat of the Townsite of the Town of San Rafael", filed for record
October 14, 1873 in Rack 1 of Maps at Pull 4, Marin County Records; thence South 6 3/40
West along said Easterly line of Court Street 150 feet; thence leaving said Easterly
line of Court Street Easterly parallel with the Southerly line of Third Street 300 feet
to a point on the Westerly line of Lindaro Street; thence Northerly along said Westerly
line of Lindaro Street 150 feet to a point on the Northerly line of Lot 2 in Block 41,
as shown upon said map referred to hereinabove; thence Westerly along said Northerly
-Continued-
r lltllt31I PL
Page 2 of 2
Legal Description (continued)
line of said Lot 2, 300 feet to the point of beginning.
BEING that certain Parcel of Land conveyed by Edward B. Mahon to the San Rafael Gas
and Electric Light Company, a Corporation, recorded December 6, 1899 in Book 58 of
Deeds at Page 210, Marin County Records.
PARCEL FOUR:
BEGINNING at a point formed by the intersection of the Southerly line of Third Street
with the Westerly line of Court Street; thence Easterly along said Southerly line of
Third Street 66 feet, more or less, to the Easterly line of Court Street; Ehence
Southerly along said Easterly line of Court Street 310 feet, more or less, to the
Northerly line of Second Street; thence Westerly along said Northerly line of Second
Street 66 feet, more or less, to the Westerly line of Court Street; thence Northerly
along said Westerly line of Court Street 310 feet, more or less to the point of
beginning.
BEING that certain parcel of land conveyed by the city of San Rafael, a municipal
corporation to the Pacific Gas and Electric Company, a California Corporation,
recorded December 27, 1910 in Book 132 of Deeds at Page 279, Marin County Records.
PARCEL FIVE:
BEGINNING at a point formed by the intersection of the Southerly line of Third Street
with the Westerly line of Lindaro Street; thence Westerly along said Southerly line
of Third Street 100 feet; thence Southerly parallel with said Westerly line of
Lindaro Street 150 feet; thence at right angles Easterly 100 feet to the Westerly
line of Lindaro Street; thence Northerly along said Westerly line of Lindaro Street
150 feet to the point of beginning.
BEING that certain portion of block'41, as shown upon that certain map entitled,
"Plat of the Townsite of the Town of San Rafael", filed for record October 14, 1873
in Rack 1 of Maps at Pull 4, Marin County Records, conveyed by Peter Williams, et ux,
to Pacific Gas and Electric Company, a California Corporation, recorded July 7, 1911
in Book 136 of Deeds at Page 174, Marin County Records.
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RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
STATE OF CALIFORNIA
State Lands Commission
Attn: Title Unit
100 Howe Avenue, Suite 100 -South
Sacramento, CA 95825-8202
STATE OF CALIFORNIA
OFFICIAL BUSINESS
Document entitled to free recordation
pursuant to government Code Section 27383
A.P.N. #s
SLC No. W25614 SPACE ABOVE THIS LINE FOR RECORDER'S USE
CITY OF SAN RAFAEL
QUITCLAIM DEED
WHEREAS, on , acting under authority of Chapter 1742, Statutes of 1971,
the City of San Rafael authorized the settlement of a title dispute among the State of California,
acting by and through the State Lands Commission ("State"), the City of San Rafael, as trustee
pursuant to Chapter 23, Statutes of 1983, as amended, ("City"), and the Pacific Gas & Electric
Company, a corporation ("PG&E"), with respect to certain lands referred to as the
TRUST TERMINATION PARCEL in the City of San Rafael, County of Marin, State of
California, the terms and conditions of which settlement are fully set forth in the agreement
entitled "AGREEMENT FOR THE SETTLEMENT OF A TITLE DISPUTE...," recorded on
in the Official Records of the County of Marin, as Recorder's
Document No.
NOW, THEREFORE,
The CITY OF SAN RAFAEL does hereby REMISE, RELEASE and FOREVER QUITCLAIM
all its right, title, and interest to the Pacific Gas & Electric Company, a
corporation, in all that real property located in the City of San Rafael, County of Marin, State of
California, which is described as the TRUST TERMINATION PARCEL in Exhibit 1, attached
hereto and made a part hereof. This quitclaim is intended to and does terminate the public trust
EXHIBIT C, PAGE 1 OF 2
for commerce, navigation, and fisheries and the statutory trust existing by virtue of Chapter 83,
Statutes of 1923, as amended, in the TRUST TERMINATION PARCEL.
THE CITY OF SAN RAFAEL
Lo
Mayor
EXHIBIT C, PAGE 2 OF 2
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
STATE OF CALIFORNIA
State Lands Commission
Attn: Title Unit
100 Howe Avenue, Suite 100 -South
Sacramento, CA 95825-8202
STATE OF CALIFORNIA
OFFICIAL BUSINESS
Document entitled to free recordation
pursuant to government Code Section 27383
A.P.N. #s
SLC No. W25614 SPACE ABOVE THIS LINE FOR RECORDER'S USE
STATE OF CALIFORNIA
PATENT AND TRUST TERMINATION
WHEREAS, on October 20, 2003, under authority of Division 6 of the Public Resources Code
and Chapter 1742, Statutes of 1971, the State Lands Commission authorized the settlement of a
title dispute among the State of California, acting by and through the State Lands Commission
("State"), the City of San Rafael, as trustee pursuant to Chapter 23, Statutes of 1983, as amended,
("City"), and the Pacific Gas & Electric Company, a corporation ("PG&E"), with
respect to certain lands referred to as the TRUST TERMINATION PARCEL in the City of San
Rafael, County of Marin, State of California, the terms and conditions of which settlement are
fully set forth in the agreement entitled "AGREEMENT FOR THE SETTLEMENT OF A TITLE
DISPUTE...," recorded on
of Marin, as Recorder's Document No.
in the Official Records of the County
NOW, THEREFORE,
The STATE of CALIFORNIA, acting by and through the STATE LANDS COMMISSION, does
hereby REMISE, RELEASE and FOREVER QUITCLAIM all its right, title, and interest existing
by virtue of sovereignty to the Pacific Gas & Electric Company, a corporation,
in all that real property located in the City of San Rafael, County of Marin, State of California,
which is described as the TRUST TERMINATION PARCEL in Exhibit 1, attached
EXHIBIT D, PAGE 1 OF 2
hereto and made a part hereof. This quitclaim is intended to and does terminate the public trust
for commerce, navigation, and fisheries in the TRUST TERMINATION PARCEL.
IN APPROVAL WHEREOF, I, ARNOLD SCHAWARZENEGGER, Governor of the
State of California, have set my hand and caused the seal of the State of California to be hereunto
affixed pursuant to Section 6107 of the Public Resources Code of the State of California. Given
under my hand at the City of Sacramento this day of , two
thousand and four.
Attest:
Countersigned:
ARNOLD SCHWARZENEGGER
GOVERNOR
KEVIN SHELLEY
SECRETARY OF STATE
PAUL D. THAYER
EXECUTIVE OFFICER
STATE LANDS COMMISSION
EXHIBIT D, PAGE 2 OF 2
CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLUTION NO. 11606
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
AMONG THE CITY OF SAN RAFAEL, PACIFIC GAS AND ELECTRIC COMPANY,
AND THE CALIFORNIA STATE LANDS COMMISSION TO SETTLE A TITLE
DISPUTE FOR 999 THIRD STREET (APN 011-265-01)
WHEREAS, the City of San Rafael (the City) contends that it holds interest in the
property at 999 Third Street (APN 011-265-01), as described in the attached settlement
agreement, in trust for the public, subject to State supervisory and reversionary interest; and
WHEREAS, Pacific Gas & Electric (PG&E), the property owner, contends for various
reasons, that no City or State interest exists in the Trust Termination Parcel; and
WHEREAS, it is in the best interest of the parties involved to resolve their disputes by
compromise settlement and to avoid costs, time requirements and uncertainties in litigation.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Mayor is hereby
authorized to execute, on behalf of the City Council, and make amendments as deemed necessary
by legal counsel, the attached settlement agreement whereby the City will quitclaim its interest in
the parcel and PG&E will pay the City the sum of Seventeen Thousand and Two Hundred
Dollars ($ 17,200).
BE IT FURTHER RESOLVED, that the City Council of the City of San Rafael hereby
authorizes the Mayor to execute all additional documents necessary to implement the agreement
entered into under this Resolution.
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 held on the 19th of July 2004, by the following vote, to wit:
AYES: COUNCILMEMI3ERS: Cohen, Heller, Hiller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: clone
ABSENT: COUNCILMEMBERS: clone
JE M. LEONCM, City Clerk
nm\statelands\999third\\pgeslcres The foregoing document is a correct
copy
�oftthe
�.original on file in this office.
J�.ANE M. LEONCINI, City Clerk
CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLUTION NO. 11606
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
AMONG THE CITY OF SAN RAFAEL, PACIFIC GAS AND ELECTRIC COMPANY,
AND THE CALIFORNIA STATE LANDS COMMISSION TO SETTLE A TITLE
DISPUTE FOR 999 THIRD STREET (APN 011-265-01)
WHEREAS, the City of San Rafael (the City) contends that it holds interest in the
property at 999 Third Street (APN 011-265-01), as described in the attached settlement
agreement, in trust for the public, subject to State supervisory and reversionary interest; and
WHEREAS, Pacific Gas & Electric (PG&E), the property owner, contends for various
reasons, that no City or State interest exists in the Trust Termination Parcel; and
WHEREAS, it is in the best interest of the parties involved to resolve their disputes by
compromise settlement and to avoid costs, time requirements and uncertainties in litigation.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Mayor is hereby
authorized to execute, on behalf of the City Council, and make amendments as deemed necessary
by legal counsel, the attached settlement agreement whereby the City will quitclaim its interest in
the parcel and PG&E will pay the City the sum of Seventeen Thousand and Two Hundred
Dollars ($ 17,200).
BE IT FURTHER RESOLVED, that the City Council of the City of San Rafael hereby
authorizes the Mayor to execute all additional documents necessary to implement the agreement
entered into under this Resolution.
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 held on the 19th of July 2004, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, rdiller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: clone
ABSENT: COUNCILMEM 3ERS: Prone
JE 1 . LEONCINI, City Clerk
nm\statelands\999third\\pgeslcres The foregoing document is a correct
copy of the original on file in this office.
uupy
J E M. LEONCINI, City Clerk
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
STATE OF CALIFORNIA
State Lands Commission
Attn: Title Unit
100 Howe Avenue, Suite 100 -South
Sacramento, CA 95825-8202
STATE OF CALIFORNIA
OFFICIAL BUSINESS
Document entitled to free recordation
pursuant to government Code Section 27383
A.P.N. #s
SLC No. W25614 SPACE ABOVE THIS LINE FOR RECORDER'S USE
CITY OF SAN RAFAEL
QUITCLAIM DEED
WHEREAS, on n, - _ 1820 0 4, acting under authority of Chapter 1742, Statutes of 1971,
the City of San Rafael authorized the settlement of a title dispute among the State of California,
acting by and through the State Lands Commission ("State"), the City of San Rafael, as trustee
pursuant to Chapter 23, Statutes of 1983, as amended, ("City"), and the Pacific Gas & Electric
Company, a California corporation ("PG&E"), with respect to certain lands referred to as the
TRUST TERMINATION PARCEL in the City of San Rafael, County of Marin, State of
California, the terms and conditions of which settlement are fully set forth in the agreement
entitled "AGREEMENT FOR THE SETTLEMENT OF A TITLE DISPUTE...," recorded on
in the Official Records of the County of Marin, as Recorder's
Document No.
NOW, THEREFORE,
The CITY OF SAN RAFAEL does hereby REMISE, RELEASE and FOREVER QUITCLAIM
all its right, title, and interest to the Pacific Gas & Electric Company, a California
corporation, in all that real property located in the City of San Rafael, County of Marin, State of
California, which is described as the TRUST TERMINATION PARCEL in Exhibit 1, attached
hereto and made a part hereof. This quitclaim is intended to and does terminate the public trust
HI
for commerce, navigation, and fisheries and the statutory trust existing by virtue of Chapter 83,
Statutes of 1923, as amended, in the TRUST TERMINATION PARCEL.
THE CITY OF SAN RAFAEL
By.
Mayor ERT J. BORO
ATTEST:
By: (�-?-w— ,:
JEWiNE M. LEOWINI,
City Clerk
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
in ss.
County of
Esther Colette Beirne, Notary Public
On October 18, 2004 before me,
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared Albert J. Boric
Name(s) of Signer(s)
E:k personally known to me
❑ proved to me on the basis of satisfactory
evidence
ESiF1m COLdon FIE
0-1 SIE
_ C.o�uMwlon 114234"
NoIaYN�c-Callo�nlo
Madn Cour►
M�rCon�n.ExpiaJun iQ
to be the person(s) whose name(&) is/afe-
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.
WITNESS my hand and official seal.
(� . �' C�� _( %-ter
t ,,
Signature of Notary Public
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: CitV of San Rafael, Ouitclaim Deed
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:." lbert J. BOro, Mayor
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner —❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: City of San Rafael
Number of Pages:
RIMUIM V101111
Top of thumb here
0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827
EXHIBIT 1
Page 1 of 2
DESCRIPTION
All that certain real property situate in the City cf San Rafael
County cf Marin, State of California, described as follows:
PARCEL ONE:
BEGINNING at a point being the Northwesterly corner of Lot 1 in Block 41, as shown upon
that certain map entitled, •Plat of the Townsite of the Town of San Rafael,, filed for
record October 14, 1873 in Rack 1 of •Maps, at Pull 4, Marin County Records, thence
Easterly along the Southerly line of Third Street, as shown on said map, 200 feet;
thence at right angles Southerly 150 feet; thence at right angles Westerly parallel
with said Southerly line of Third Street 200 feet to a point on the Easterly line of a
Street shown upon said map; thence Northerly along the Easterly line of said last
mentioned street 150 feet to the point of beginning.
BEING that certain parcel of land_ conveyed by Allan Lee, et al, to the San Rafael Gas
and Electric Light Company, a California Corporation, recorded March 23, 1888 in Book 7
of Deeds a tPage 532, Marin County Records.
PARCEL TWO:
BEGINNING at a.point on the Southerly line of Third Street distant thereon 195 4/12
feet Easterly from the Easterly line of "A" Street, as said streets are shown upon that
certain Map entitled, "Plat of the townsite of the Town of San Rafael', filed for
record October 14, 1873 in Rack 1 of Maps at Pull 4, Marin County Records, thence
Southerly at a right angle of Third Street 308 feet to a point on the Northerly line of
Second Street distant thereon 155 4/12 feet Easterly from the Easterly line of "A"
Street; thence Easterly along said Northerly line of Second Street 168 feet; thence
leaving said Northerly line of Second Street Northwesterly to a point distant 310 4/12
feet Easterly from "A" Street and 181 feet Southerly from Third Street; thence
Northerly parallel to "A" Street 181 feet to a point on the Southerly line of Third
Street; thence Westerly along said Southerly line of Third Street 115 feet to the point
of beginning.
BEING that certain parcel of land conveyed by Will Brooks to The San Rafael, Gas and
Electric Light Company, a corporation, recorded November 13, 1893 in Book 28 of Deeds
at Page 88, Marin ,County Records.
EXCEPTING therefrom that portion described by that certain Deed executed by Pacific Gas
and Electric Company, a California Corporation_ to The City of San Rafael, a municipal
corporation, recorded April '0, 1912 in Book 142 of Deeds at Page 439, Marin County
Records.
PARCEL THREE:
BEGINNING at a point being the Southwest corner of the San Rafael Gas and Electric
Light Company's gas works said point being on the Easterly line of Court Street distant
150 feet Southerly from the Southerly line of Third Street, as shown upon that certain
map entitled, "Plat of the Townsite of the Town of San Rafael", filed for record
October 14, 1873 in Rack 1 of Maps at Pull 4, Marin County Records; thence South 6 3/4°
West along said Easterly line of Court Street 150 feet; thence leaving said Easterly
line of Court Street Easterly parallel with the Southerly line of Third Street 300 feet
to a point on the Westerly line of Lindaro Street; thence Northerly along said Westerly
line cf Lindaro Street 150 feet to a point on the Northerly line of Lot 2 in Block 41,
as shown upon said map referred to hereinabove; thence Westerly along said Northerly
-Continued-
EXHIBIT 1
Page 2 of 2
Legal Description (continued)
line of said Lot 2, 300 feet to the point of beginning.
BEING that certain Parcel of Land conveyed by Edward B. Mahon to the San Rafael Gas
and Electric Light Company, a Corporation, recorded December 6, 1899 in Book 58 of
Deeds at Page 210, Marin County Records.
PARCEL FOUR:
BEGINNING at a point formed by the intersection of the Southerly line of Third Street
with the Westerly line of Court Street.; thence Easterly along said Southerly line of
Third Street 66 feet, more or less, to the Easterly line of Court Street; thence
Southerly along said Easterly line of Court Street 310 feet, more or less, to the
Northerly line of Second Street; thence Westerly along said Northerly line of Second
Street 66 feet, more or less, to the Westerly line of Court Street; thence Northerly
along said Westerly line of Court Street 310 feet, more or less to the point of
beginning.
BEING that certain parcel of land conveyed by the city of San Rafael, a municipal
corporation to the Pacific Gas and Electric Company, a California Corporation,
recorded December 27, 1910 in Book 132 of Deeds at Page 279, Marin County Records.
PARCEL FIVE:
BEGINNING at a point formed by the intersection of the Southerly line of Third Street
with the Westerly line of Lindaro Street; thence Westerly along said Southerly line
of Third Street 100 feet; thence Southerly parallel with said Westerly line of
Lindaro Street 150 feet; thence at right angles Easterly 100 feet to the Westerly
line of Lindaro Street; thence Northerly along said Westerly line of Lindaro Street
150 feet to the point of beginning.
BEING that certain portion of block 41, as shown upon that certain map entitled,
"Plat of the Townsite of the Town of San Rafael", filed for record October 14, 1873
in Rack 1 of Maps at Pull 4, Marin County Records, conveyed by Peter Williams, et ux,
to Pacific Gas and Electric Company, a California Corporation, recorded July 7, 1911
in Book 136 of Deeds at Page 174, Marin County Records.
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
STATE OF CALIFORNIA
State Lands Commission
Attn: Title Unit
100 Howe Avenue, Suite 100 -South
Sacramento, CA 95825-8202
STATE OF CALIFORNIA
OFFICIAL BUSINESS
Document entitled to free recordation
pursuant to government Code Section 27383
A.P.N.#s
SLC No. W25614 SPACE ABOVE THIS LINE FOR RECORDER'S USE
STATE OF CALIFORNIA
PATENT AND TRUST TERMINATION
WHEREAS, on October 20, 2003, under authority of Division 6 of the Public Resources Code
and Chapter 1742, Statutes of 1971, the State Lands Commission authorized the settlement of a
title dispute among the State of California, acting by and through the State Lands Commission
("State"), the City of San Rafael, as trustee pursuant to Chapter 23, Statutes of 1983, as amended,
("City"), and the Pacific Gas & Electric Company, a corporation ("PG&E"), with
respect to certain lands referred to as the TRUST TERMINATION PARCEL in the City of San
Rafael, County of Marin, State of California, the terms and conditions of which settlement are
fully set forth in the agreement entitled "AGREEMENT FOR THE SETTLEMENT OF A TITLE
DISPUTE...," recorded on
of Marin, as Recorder's Document No.
in the Official Records of the County
NOW, THEREFORE,
The STATE of CALIFORNIA, acting by and through the STATE LANDS COMMISSION, does
hereby REMISE, RELEASE and FOREVER QUITCLAIM all its right, title, and interest existing
by virtue of sovereignty to the Pacific Gas & Electric Company, a corporation,
in all that real property located in the City of San Rafael, County of Marin, State of California,
which is described as the TRUST TERMINATION PARCEL in Exhibit 1, attached
hereto and made a part hereof. This quitclaim is intended to and does terminate the public trust
for commerce, navigation, and fisheries in the TRUST TERMINATION PARCEL.
IN APPROVAL WHEREOF, I, ARNOLD SCHAWARZENEGGER, Governor of the
State of California, have set my hand and caused the seal of the State of California to be hereunto
affixed pursuant to Section 6107 of the Public Resources Code of the State of California. Given
under my hand at the City of Sacramento this day of , two
thousand and four.
Attest:
Countersigned:
ARNOLD SCHWARZENEGGER
GOVERNOR
KEVIN SHELLEY
SECRETARY OF STATE
PAUL D. THAYER
EXECUTIVE OFFICER
STATE LANDS COMMISSION
EXHIBIT 1
Page 1 of 2
DESCRIPTION
All that certain real property situate in the City of San Rafael
County of Marin, State of California, described as follows:
PARCEL ONE:
BEGINNING at a point being the Northwesterly corner of Lot 1 in Block 41, as shown upon
that certain map entitled, °Plat of the Townsite of the Town of San Rafael', filed for
record October 14, 1873 in Rack 1 of -Maps, at Pull 4, Marin County Records, thence
Easterly along the Southerly line of Third Street, as shown on said map, 200 feet;
thence at right angles Southerly 150 feet; thence at right angles Westerly parallel
with said Southerly line of Third Street 200 feet to a point on the Easterly line of a
Street shown upon said map; thence Northerly along the ,Easterly line of said last
mentioned street 150 feet to the point of beginning.
BEING that certain parcel of land_ conveyed by Allan Lee, et al, to the San Rafael Gas
and Electric Light Company, a California Corporation, recorded March 23, 1888 in Book 7
of Deeds a tPage 532, Marin County Records.
PARCEL TWO: 11
BEGINNING at a point on the Southerly line of Third Street distant thereon 195 4/12
feet Easterly from the Easterly line of "A" Street, as said streets are shown upon that
certain Map entitled, "Plat of the townsite of the Town of San Rafael', filed for
record October 14, 1873 in Rack 1 of Maps at Pull 4, Marin County Records, thence
Southerly at a right angle of Third Street 308 feet to a point on the Northerly line of
Second Street distant thereon 195 4/12 feet Easterly from the Easterly line of "A"
Street; thence Easterly along said Northerly line of Second Street 168 feet; thence
leaving said Northerly line of Second Street Northwesterly to a point distant 310 4/12
feet Easterly from "A" Street and 181 feet Southerly from Third Street; thence
Northerly parallel to "A" Street 181 feet to a point on the Southerly line of Third
Street; thence Westerly along said Southerly line of Third Street 115 feet to the point
of beginning.
BEING that certain parcel of land conveyed by Will Brooks to The San Rafael, Gas and
Electric Light Company, a corporation, recorded November 13, 1893 in Book 28 of Deeds
at Page 88, Marin -County Records.
EXCEPTING therefrom that portion described by that certain Deed executed by Pacific Gas
and Electric Company, a California Corporation. to The City of San Rafael, a municipal
corporation, recorded April 10, 1912 in Book 142 of Deeds at Page 439, Marin County
Records.
PARCEL THREE:
BEGINNING at a point being the Southwest corner of the San Rafael Gas and Electric
Light Company's gas works said point being on the Easterly line of Court Street distant
150 feet Southerly from the Southerly line of Third Street, as shown upon that certain
map entitled, "Plat of the Townsite of the Town of San Rafael", filed for record
October 14, 1873 in Rack 1 of Maps at Pull 4, Marin County Records; thence South 6 3/40
West along said Easterly line of Court Street 150 feet; thence leaving said Easterly
line of Court Street Easterly parallel with the Southerly line of Third Street 300 feet
to a point on the Westerly line of Lindaro Street; thence Northerly along said Westerly
line of Lindaro Street 150 feet to a point on the Northerly line of Lot 2 in Block 41,
asshown upon said map referred to hereinabove; thence Westerly along said Northerly
-Continu®d-
EXHIBIT 1
Page 2 of 2
Legal Description (continued)
line of said Lot 2, 300 feet to the point of beginning.
BEING that certain Parcel of Land conveyed by Edward B. Mahon to the San Rafael Gas
and Electric Light Company, a Corporation, recorded December 6, 1899 in Book 58 of
Deeds at Page 210, Marin County Records.
PARCEL FOUR:
BEGINNING at a point formed by the intersection of the Southerly line of Third Street
with the Westerly line of Court Street; thence Easterly along said Southerly line of
Third Street 66 feet, more or less, to the Easterly line of Court Street; thence
Southerly along said Easterly line of Court Street 310 feet, more or less, to the
Northerly line of Second Street; thence Westerly along said Northerly line of Second
Street 66 feet, more or less, to the Westerly line of Court Street; thence Northerly
along said Westerly line of Court Street 310 feet, more or less to the point of
beginning:
BEING that certain parcel of land conveyed by the city of San Rafael, a municipal
corporation to the Pacific Gas and Electric Company, a California Corporation,
recorded December 27, 1910 in Book 132 of Deeds at Page 279, Marin County Records.
PARCEL FIVE:
BEGINNING at a point formed by the intersection of the Southerly line of Third Street
with the Westerly line of Lindaro Street; thence Westerly along said Southerly line
of Third Street 100 feet; thence Southerly parallel with said Westerly line of
Lindaro Street 150 feet; thence at right angles Easterly 100 feet to the Westerly
line of Lindaro Street; thence Northerly along said Westerly line of Lindaro Street
150 feet to the point of beginning.
BEING that certain portion of block'41, as shown upon that certain map entitled,
"Plat of the Townsite of the Town of San Rafael", filed for record October 14, 1873
in Rack 1 of Maps at Pull 4, Marin County Records, conveyed by Peter Williams, et ux,
to Pacific Gas and Electric Company, a California Corporation, recorded July 7, 1911
in Book 136 of Deeds at Page 174, Marin County Records.