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Home My WebLink AboutCC Resolution 11243 (Third & C Parking Structure; Easement)RESOLUTION NO. 11243 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF A GRANT OF TEMPORARY CONSTRUCTION AND ACCESS EASEMENT AGREEMENT WITH THE OWNER OF 905 B STREET (ASSESSOR'S PARCEL NO. 11-255-20) 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 (CARLO GNEMMI, GRANTOR) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS FOLLOWS: WHEREAS, the owner of 905 B Street (APN 11-255-20) on November 4, 2002, did execute a Grant of Temporary Construction and Access Easement Agreement to the City of San Rafael, 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: 1. 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 905 B Street (APN 11-255-20) dated November 4, 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 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 21" 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 ' JEAA-h M. LEONCINI, 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 day of November, 2002, by and between the City of San Rafael ("City") and Carlo Gnemmi ("Grantor"). Grantor hereby conveys to City an easement to cross the property owned by Grantor located at 905 B Street, San Rafael, CA. 94901 (APN 011- 255-20) ("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 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". City will maintain access by the Grantor and its ten is to a Grantor's buil ing on the Grantor's property at all time. ms's � W1 - ;-Sz9 a A� C ^ crtd ai`c� aNs/�t!D/�! ' 4-1L— �}�!/l� sialake are to pr to ranr s re pr perry per on property at all time during use by the City. The City shall be liable for any personal injury and/or property C C damage resulting from this project. The City, at its expense, will replace and/or repair any damage to Grantor's real and personal property resulting from City's operation. In return for the grant of the temporary construction and access easement, the City shall replace portion of the wall along the northerly line of Grantor's property between the Grantor's building and the City's parking structure, shall replace concrete slab in the rear yard between Grantor's building and the City's parking structure and shall replace existing storm drain located on the Grantor's property, prior to the City's recordation of the Notice of Completion on the City 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 operation. The term of the easement agreement shall run for two (2 years) commencing on April 1, 2003. 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. GRANTOR: CITY OF SAN RAFAEL: By G�O By: Carlo Gnernmi Rod Gould Title: City Manager CONSENT BY: � y ) 1 Q(.i �1� 4,1 1104 YtCarlo Gnemmi CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Mari n On November 4, 2002 before me, Nancy Hann, Notary Public Date Name and Title of Officer (e.g., -Jane Doe, Notary Puelle ) personally appeared Carlo Gnemmi Name(s) of Signer(e) ❑ personally known to me XX proved to me on the basis of satisfactory evidence to be the person,(s�-`whose nameK69aFr subscribed to the within instrument and acknowledged to me thatCebeitWexecuted the same in d ther/tbetr— authorized ., _ _ _ -. -. �. s capacity(Uml, and that by (qi/heMhetr ,. NANCY HANNsignature(s)-6n D the instrument the person(arr-or COMM. #1248639 T the entity upon behalf of which the person(,s�— w� NOTARY PUSUC.CAIJFORNIA I MAR(N COUNTY 0 acted, executed the instrument. \� My Comm, Expires Feb 4, 2004 1 v v v Y v- a WITNESS my handandofficial seal. ' G onal � �ignalure of Notary u Ik 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 Agreement (re 905 "B" St., San Rafael; APN 011 -255 - Document Date: -- Number of Pages: -- Signers) Other Than Named Above: Mrs. Carlo Gnemmi Capacity(les) Claimed by Signer Signer's Name: Carlo Gnemmi iMMIMINN ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 Nalional Notary ASSDdalion • 9350 De Soto Ave., P.O. Bort 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.mg Prod. No. 5907 Reorder: Call Toll -Free 1.800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of r1a r i n On January 29, 2003 before me, Date personally appeared Rod Gould .�. _ J. A, ,A .- % A. I. fi NANCY FMN C COMM. #1248839 D 1 �m NOTARY PUBIICd' LFORNIA < MARIN COUNTY 0 My Comm. Expkes Feb. 4, 2004 t - - „ - - - - - ss. Fiance Hann, Notary Public Name and Title of Officer (e.g., 'Jane Doe. Notary Public'( Name(s) of Signer(s) ' lX personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personK whose name,( Is are— subscribed to the within instrumen and acknowledged to me, �that®sheAWexecuted the same in C�/h dth.eff u i3j; thorized capacity(ieand that by 0/Mer/their signature(al'on the instrument the persorlW, or the entity upon behalf of which the persons W acted, executed the instrument. WITNESS my hand and official seal. AIA I-'142 —6Ignatuta of Notary P lic 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: 3rd & C Sts, parking structure (Grantor: Gnemmi Document Date: November 4. 2002 . Number of Pages: -- Signer(s) Other Than Named Above: Carlo Gnemmi , Grantor Capacity(ies) Claimed by Signer Signer's Name: Rod Could ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator T Other: City rlanager Signer Is Representing: Ci tv of San Rafael .1....r,...c.,.vsik.�.wrv_,t.v'L�v LCFrL;� : ,C�, - G.'�-.Q�, -�. vG:�.�-�'t�fi."C3C.'1.4?Cz£:�'uG•L�"(�vt%tv��'.'�.�4� n 1999 National Notary Association 1 9350 08 Soto Ave., P.O Box 2402 • Chatsworth, CA 91713-2402 - www .nationalnolary,Ong Prod No. 5907 Reorder Call Toll -Free 1-e0o-1175-552 r EXHIBIT "A" Temporary Construction Easement on Lands of Gnemmi 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 comer 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 to the true point of beginning; thence Northerly N 10°52'01"E, 55.00 feet to the Northwest corner of said Lot 4; thence Easterly and parallel to Third Street, 10.00 feet; thence Southerly S 10'52'0 1 "W, 55.00 feet; thence Westerly parallel to the Northerly line of Third Street, 10.00 feet to the point of beginning, and consisting an area of 550 square feet of land, more or less. LOT 16 i Landb of Pe ersen i Lands of Wells Fargo 11-255-2G 1 1-255-23 ' LOT 1 4 LOT 1 5 � LOT I 1 1-255-15 LOT 9 ► ' 5 79° 07' 59" E 92.95 11-255-14 Lands of Wells Fargo 11 -255 -OG i !-LL _ LOT 2 Lands of Lands of Wells Fargo 5 R R A i ' , 1 1-255-07 LOT 3 � i 1 1-255-10 ► �"` - --__ _ _ _ LOT 6 ' 1 1-255-09 - ---__ ► LOT 5 � ► $ Lands of Gnemm► ►-' N 1 1-255-20 _ LOT 4 W ► i O Ln O ,= n/ � o _ 1 ► ' — ' u J ' $ Lands of Darold im 1 1-255-19 �� - - , - - j T P. O. B. N 79� 07' 36'' 4V, '50.25 � ST BEET NORTH = 40'-0" m orar Con5tructlon s Easement on Land Te p y of Gnemm'. AFN: 1 1-255-20 EXHINT 1181' All CONC. CURB M92AMPRY covSM#e-rlau EA rp- ,4&av:5 or APN.' ll -� z �� 2a EXHIBIT II CERTIFICATE OF ACCEPTANCE PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 27281 Lands of Gnemmi 905 B Street (APN 011-255-20) 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 November 4, 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. 11243 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Marin On January 29, 2003 before me, Oate personally appeared Rod Gould ss. Nancy Hann, Notary Public Name and rilte of Officer (e.g., 'Jane Doe, Notary Pubkq Name(s) at Slgner(s) , [N personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personwhose name(sy subscribed to the within instrumen and acknowledged to me tha&/shWthey-executed the same in 9hedtherr- authorized capacity(it< and that by &Alherttheir NANCY HANNsignatureW-on the instrument the personK-or COMM. #1248639r 1 NOTARY PUBLIGGAJFORNfA I the entity upon behalf of which the person 'e MARIN COUNTY 0 acted, executed the instrument. \ My Comm. Expires Feb. 4, 2004 t - - - - v v - v y WITNESS my hand and official seal. Ignature of Notary P lic 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 Gnemmi (APP! 011-255-20; 905 "1311 St.) Document Date: January 21. 2003 Number of Pages: Signer(s) Other Than Named Above: n /a Capacity(ies) Claimed by Signer Signer's Name: Rod Could ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — � Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: City Manager Signer Is Representing: City of San Rafael MILU NO Top of thumb here 0 1999 Mat onal Notary Association - 9350 De Solo Ave., PO. Box 2402 - Chatsworth, CA 91313-2402 - www r atlonalnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1-800.876-6927