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Home My WebLink AboutCC Resolution 11242 (Third & C Parking Structure; Easement)RESOLUTION NO. 11242 RESOLUTION AUTHORIZING EXECUTION OF A GRANT OF TEMPORARY CONSTRUCTION AND ACCESS EASEMENT AGREEMENT WITH THE OWNER OF 901 B STREET (ASSESSOR'S PARCEL NO. 11-255- 19) RELATED TO CONSTRUCTION OF THE CITY PARKING STRUCTURE TO BE LOCATED AT THIRD AND C STREETS, AND AUTHORIZING EXECUTION OF A CERTIFICATE OF ACCEPTANCE NECESSARY FOR RECORDATION OF THE GRANT OF TEMPORARY CONSTRUCTION AND ACCESS EASEMENT AND AGREEMENT (DARIO DAROLD, GRANTOR) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS FOLLOWS: WHEREAS, the owner of 901 B Street (APN 11-255-19) did execute a Grant of Temporary Construction and Access Easement Agreement, attached hereto as Exhibit "I", related to the City's construction of the parking structure to be located at Third and C Streets; and WHEREAS, the City Council finds that the public interest will be served in acquiring the aforesaid easement, in that such easement will facilitate the City's construction of the aforementioned parking structure; NOW THEREFORE BE IT RESOLVED: The City Council authorizes the City Manager to execute the Grant of Temporary Construction and Access Easement Agreement between the City of San Rafael and the owner of 901 B Street (APN 11-255-19), dated December 2, 2002, attached hereto as Exhibit "I". 2. The City Council further authorizes the City Manager to execute a Certificate of Acceptance in a form generally consistent with that attached hereto as OHIGINAL Exhibit "II", as is necessary for recordation of the Grant of Temporary Construction and Access Easement and Agreement pursuant to Government Code Section 27281. I, JEANNE M. LEONCINI, City 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 21St day of January 2003, by the following vote to wit: AYES: Councilmembers: Heller, Miller & Vice -Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: Cohen & Mayor Boro A, JEAARR M. LEONCIN, City Clerk File No.: 21.01.57.04 2 EXHIBIT I TEMPORARY CONSTRUCTION AND ACCESS EASEMENT AGREEMENT This Temporary Construction and Access Easement Agreement is entered into this 2nd day of j)er®,1-w.,, , 200 2 , by and between the City of San Rafael ("City") and Dario Darold ("Grantor"). Grantor hereby conveys to City an easement to cross the property owned by Grantor located at 901 B Street, San Rafael, CA. 94901 (APN 011-255-19) ("Grantor's property"), for ingress and egress purposes and for access to the construction site of the City's proposed parking structure to be located at Third and C Streets. This easement also includes the City's right to placement and use of scaffolding on the Grantor's property for construction of the City's proposed parking structure. This temporary construction and access easement is specifically limited to the portion of Grantor's property as shown in Exhibit "A" attached hereto and as shown on the plat attached hereto as Exhibit "B" (the "easement area"). City will maintain reasonable access across the easement area by the Grantor and Grantor's tenants to the Grantor's building during City's use of the easement, except during such times when the City is installing the specified improvements on the Grantor's property as provided below. City shall take care to protect Grantor's real property and personal property at all times during use of the easement area by the City. The City shall be liable for any personal injury and/or property damage resulting from the City's use of the easement area. The City, at its expense, will replace and/or repair any damage to Grantor's real and personal property resulting from City's use of the easement area. In return for the grant of the temporary construction and access easement, the City shall (1) replace the wall along the westerly line of the Grantor's property, (2) replace the existing wooden gate on the Grantor's property abutting Third Street, (3) replace the concrete slab located in the rear yard of the Grantor's property between the Grantor's building and the new wall of the City's proposed parking structure, and (4) shall replace the existing storm drain located on the Grantor's property. This work shall be completed prior to the City's recordation of the Notice of Completion on the City's proposed parking structure project. The City agrees to hold Grantor harmless and to indemnify Grantor for any personal injury and/or damage to real and personal property resulting from City's use of the easement area. The term of this temporary construction and access easement agreement shall run for a period of two (2) years commencing on April 1, 2003. If the City has not commenced work on the City's proposed parking structure within the aforementioned time period, this agreement shall be deemed null and void, and City shall not be obligated to make any of the specified improvements on the Grantor's property. The provisions of this agreement shall run with the land, and inure to the benefit of and bind the heirs, successors, and assigns of the parties hereto. Wherefore, the parties have executed this Agreement as set forth below. GRANTO / • M.171 By: Dario.... .. boula Title: City Manager CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Marin On Mon., Dec. 2, 2002 before me, Date personally appeared Dario Darold ss. Nancy Hann, Notary Public , Name and Title of Officer (e.g.. 'Jane Doe, Notary PubIMq Name(s) of Signer(s) , ❑ personally known to me XX proved to me on the basis of satisfactory evidence to be the personS,srr'whose name(gi ace– subscribed to the with' instrumer>"1and acknowledged to mVthat AheMey-executed _ the same in uthorized NANCY HANNA � D capacity(iesr anby Ahedtheir COMM. #124M9 signatureWon the instrument the personal, or dNOTARY PUBLIC-CA:JFORNIA 0 the entity upon behalf of which the person(W MARIN °STM 0 acted, executed the instrument. My Comm. Explfss Feb. 4, 2004 WITNESS my handl land official seal. .avtt.f►� 6V G)��`—�� Signature of Notary Publi` 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: Temporary Construction and Access Easement Agree. re 901 111311 St. (APN 011-255-19) Document Date: -- Number of Pages: ThrPP Signer(s) Other Than Named Above: City of San Rafael representative Capacity(les) Claimed by Signer Signer's Name: Dario Darold e wl im ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator A Other: Grantor Signer Is Representing: 0 1999 National Notary Association - 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 - www.naUonalnotary.org Prod. No. 5907 Reorder. Call Tall -Free 1-800.976.6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Marin On January 29, 2003 before me, Date personally appeared Rod Gould - - — — — - — — — — - NANCY HANN nCOMM 1 -m #1248839 NOTARY PUBLIGCAJFORNIA 0 _. MARIN COUNT' 1 My Comm. Expires Feb. 4, 2(x14 ss. Nancy Hann, Notary Public Name and Title of Officer (e.g., *Jane Doe, Notary Publkl Name(s) of Signer(s)' impersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the personla)—whose name,(aj' subscribed to the within instrumen'f and acknowledged to me thatelfheyexecuted the same in 1 /tiaF/the r authorized capacity(iegand that by 91her/tbeir signature(aj—on the instrument the personK, or the entity upon behalf of which the persoq(a)--- acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary FYWfc OPTIONAL Though the information below is not required bylaw, 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: Temporary Construction and Access Easement Aqree. Re: 3rd A C Sts. parking structure (Grantor: Darold) Document Date: rlpr pmhpr 2, 2nn2 Number of Pages: -- Signer(s) Other Than Named Above: Dario Darold, Grantor Capacity(ies) Claimed by Signer Signer's Name: Rod Gould Gitind OWN IN ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator n Other: City Ma r Signer Is Representing: City of San Rafael 0 1999 National Notary Assoc aeon - 9350 De Solo Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nabonainotary.org Prod. No. 5907 Reorder: Call Tall -Free 1-800.876-6627 EXHIBIT "A" Temporary Construction and Access Easement on Lands of Darold ALL THAT CERTAIN real property situate in the City of San Rafael, County of Marin, State of California, described below as follows: Beginning at the point of intersection of the Northerly line of Third Street with the Westerly line of B Street; thence westerly 80.25 feet to the Southwest corner of Lot 4, Block 19, as shown upon that certain Map entitled " Plat of the Town Site of the Town of San Rafael in the County of Marin, State of California", filed for record October 14, 1873 in Rack 1 of Maps, at Pull 4, Marin County Records; thence Northerly N 10°52'01 "E, 33.00 feet; thence Easterly and parallel to Third Street, 5.00 feet; thence Southerly S 10°52'01"W, 33.00 feet to the Northerly line of Third Street; thence Westerly along the Northerly line of Third Street, 5.00 feet to the point of beginning, and consisting an area of 168 square feet of land, more or less. LOT I f 1 S 790 0715,9" E 92.,95'- J 4 2.95 14 ' 1 L a n d 5 of We115 Fargo ' ' I 11 -255 -OG ' r LOT 2 �f 'Land5 of WC 115 Fargo I ' 1 1-255-07 LOT 3 ' ' 1 1-255-09 - - - LOT 5 O , ' N L a n d 5 of Gnemmi , Ln _1 1-255-20 O �1 O LOT 4 ' �0 i L5OO.- - , -i (0 g Land5 of Darold I 1-255-19 — — _ N 7 P. O. B.7,9c)07 36�� W 80.25 ' — T ��D S TRE ET NORTH I " = 40'-0" Temporary Construction Ea5ement on Lands of Darold. APN: I 1-255-19 EXHIBIT "g•• EXHIBIT II CERTIFICATE OF ACCEPTANCE PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 27281 Subject: Lands of Darold 901 B Street (APN 011-255-19) This is to certify that the interest in the real property conveyed by the attached document entitled Grant of Temporary Construction and Access Easement Agreement, dated December 2, 2002, 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. 11242 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: January 21 , 2003 BY: ROD GOULD, City Manager City of San Rafael R CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Marin On January 29, 2003 before me, Date personally appeared Rod Gould .- !,. s, -,. – – — – „ f ,. NANCY HANN D CNOTARY COMM. #1248638 PUBLIC-C:JFORNIA ♦.- MARINCOUhT 0 My Comm. Expires Feb 4, 2004 � O v v v v ss. Nancy Hann, Notary Public Name and Tille of Officer (e.g.. *Jane Doe, Notary Public) Names) of Signers)' X personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personorwhose name;4'6�� subscribed to the within instrument and acknowledged to me that a hxecuted the same in li Wr authorized capacityk<,_ and that by g/IxMtM# signaturq(5)'on the instrument the person(W, or the entity upon behalf of which the person> — acted, executed the instrument. WITNESS my hand and official seal. afun, al Notary Pub 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 re Lands of Darold y , AP101W55-19; 901 "B° St, ) Document Date: Januar Number of Pages: -- Signer(s) Other Than Named Above: n /a Capacity(les) Claimed by Signer Signer's Name: Rod Gould ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator K] Other: City t1anager Signer Is Representing: City of San Rafael O 1999 National Notary Associaton • 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