HomeMy WebLinkAboutCC Resolution 11244 (Third & C Parking Structure; Easement)RESOLUTION NO. 11244
RESOLUTION AUTHORIZING EXECUTION OF A GRANT OF
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
AGREEMENT WITH THE OWNERS OF 1219 FOURTH STREET
(ASSESSOR'S PARCEL NO. 11-255-26) 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
(LANDS OF PETERSEN, et al, GRANTORS)
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS FOLLOWS:
WHEREAS, the owners of 1219 Fourth Street (APN 11-255-26) are willing to
execute a Grant of Temporary Construction and Access Easement Agreement, in the
form 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 owners of 1219 Fourth Street (APN 11-255-26), in the form 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
Y u.. _ 44
JEAI M. LEONCNI, City Clerk
File No.: 21.01.57.04
2
EXHIBIT "A"
Third and C Streets Parking Structure
Temporary Construction Easement on Lands of Petersen
ALL THAT CERTAIN real property situate in the City of San Rafael, County of Marin, State of
California, described below as follows:
A strip of land twenty-two feet wide on the north side of the southerly line of Lot 14 and Lot 15,
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; bounded by the westerly line of Lot 14 and the
Easterly line of Lot 15 of said Map, and consisting an area of 2,739 square feet of land, more or
less.
1 LOT 1 I
L— Lands of I I
—
Divers fied Lands of 1 1
1 -
_ Allen
1 Hold ng CO. I I
1 I I-255-03
1-255-27 I I I
1 LOT 13
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_ 1 – LOT Iq I
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I1 -255i2,
LOT 15 LOT 16 1
L _ _ 0p gP,irpx4 50, 1
N
TemporaryConstruction LOT I
I Easement
✓ OI 125523
i LOT 9 _ "�- _ _
�-- / Land 5 of 1 ' I - - ----.
5an Rafael Redevelopment Agency �
1 I LOT 2
1 1-255-14 ' 1 1
(Q - - 01 1255
I LOT 8 � �_ – / _ _• – --_ _
1✓
• I I-255-13 I Lands of 1
I 1 1 1 LOT 3
I a T 5 0 1125507
-----__ Redevelopment
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( l � L O 7 7 ; I 1-255-10 � � 01 125520
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I 1 I
LOT 6 30,-0 I l O T 4
1 � I 1
1
1
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Tem orary Con5tructio
n Easement on Lands
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of Pete
r5en. APN: I 1-255-2G
fXHIBIT 1115"
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CERTIFICATE OF ACCEPTANCE
PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 27281
Lands of Petersen
1219 Fourth Street (APN 011-255-26)
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 .................. 2003, is hereby accepted by
the undersigned authorized official or officer on behalf of the City of San
Rafael pursuant to authority conferred by Resolution No.
adopted by the City Council of the City of San Rafael, and that the City of
San Rafael consents to recordation of said document in the Office of the
Recorder of Marin County, State of California.
Date: January , 2003 BY:
ROD GOULD, City Manager
City of San Rafael
RECORDING REQUESTED , Y:
WHEN RECORDED MAIL TO:
Dept. of City Clerk
City of San Rafael, City Hall
1400 Fifth Ave., Rm. 209
San Rafael, CA 94901
County Of
Marin
JOHN C. THAYER
2003-0046496 4/24/2003 1:31p
REC FEE .00
TOTAL .00
TOFEE OT
TOTAL TENDERED .00
.00
.00
01:43PM 24 -Apr -2003 20030424000219
Hendy ASSESRH53P711
Thank You
THIS SPACE FOR RECORD] Have A Nice Day
R_eguICted By:
Grant of Temporary Construction and Access Easement and Agreement
AND
Certificate of Acceptance Pursuant to California Government Code Section 27281
(Re Lands of Petersen, 1219 Fourth St.; APN 011-255-26)
"I1IIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
ADDITIONAL RECORDING FEE APPLIES
ECEOdE
APFR ! na
GRANT OF TEMPORARY CONSTRUCTION AND I '�
ACCESS EASEMENT AND AGREEMENT —
a,aNRAFAFL liFnn1f 1, I E. Ar,E"li
This Grant of Temporary Ccauction and Access Easement and Agreement is made and
entered into as of the --z /, day of 13- ��, "'°2, by and between the City of San Rafael ("City")
and the following persons having an ownership interest in the property located at 1219 Fourth Street,
San Rafael, CA 94901 (APN 11-255-26) ("Grantors' property"): Nancy Ann Rake, Trustee of the
Nancy Ann Rake Revocable Trust dated June 30, 1995, as to an undivided 1/6 interest; Dana Jean
Payne, Trustee of the Dana Jean Payne Revocable Trust dated February 27, 2002, as to an undivided
1/6 interest; Elwood J. Rake and Kathleen Rake, Trustees of the Elwood J. Rake and Kathleen Rake
Revocable Trust dated July 29, 2002, as to an undivided 1/6 interest; Alan Moore Petersen, in Trust
as Trustee of the Alan Moore Petersen Trust under the Johannes Petersen and M. Gwendolyn
Petersen Revocable Inter Vivos Trust dated July 28, 1971, as amended by Amendment No. 1 dated
April 12, 1977, as amended by -Amendment No. 2 dated November 17, 1989 and as amended by
Amendment No. 3 dated July 30, 1991, as to an undivided 1/4 interest; Robert John Petersen, in
Trust, as Trustee of the Robert John Petersen Trust under the Johannes Petersen and M. Gwendolyn
Petersen Revocable Inter Vivos Trust dated July 28, 1971, as amended by Amendment No. 1 dated
April 12, 1977, as amended by Amendment No. 2 dated November 17, 1989 and as amended by
Amendment No. 3 dated July 30, 1991, as to an undivided 1/4 interest (hereinafter collectively
referred to as "Grantors").
Grantors hereby convey to City an exclusive easement to cross the Grantors' property, for
ingress and egress purposes and for access to the construction site for construction of the City's
proposed parking structure to be located at Third and C Streets in the City of San Rafael, including
sidewalk, curb and gutter related to such structure adjacent to the easement area, and for construction
of the improvements on the Grantors' property as set forth below, during the term of this Agreement.
This temporary construction and access easement is specifically limited to the portion of Grantors'
property as described in the legal description attached hereto and incorporated herein as Exhibit "A",
and as shown on the map attached hereto and incorporated herein as Exhibit `B" (hereinafter
referred to as "easement area"). Grantors agree not to use or to rent or permit others to use any of the
easement area as parking spaces or for any other purpose which will interfere with the City's
easement rights during the term of this Agreement. City shall be entitled to prohibit any and all
parking or other uses which interfere with the City's easement rights within the easement area during
the term of this Agreement.
City shall take care to protect Grantors' property and related personal property at all times
during the City's use of the easement area during the term of this Agreement. The City, at its
expense, will repair any damage to the Grantors' property and related personal property that results
from the City's use of the easement area during the term of this Agreement.
In return for the grant of this temporary easement, the City will regrade the driveway, install
catch basins, and repave the asphalt concrete pavement driveway within the easement area, prior to
the City's recordation of the Notice of Completion on the City parking structure project.
MARIN COUM-Y
RECORDER
APR 2 4 2003
The City agrees to hold Grantors harmless and to indemnify Grantors for any personal injury
and/or damage to real and personal property resulting from City's use of the easement area during
the terrn of this Agreement.
The term of this Agreement shall commence on April 1, 2003 and shall run for two (2 years)
thereafter, or until the City's recordation of a Notice of Completion on the City parking structure
project, whichever occurs first.
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.
Nancy AnriRake, Trustee
qua J , a ,_p�
Dana Jean Payne, Trustee I
CITY OF CAN RAFAEL
By: Rod Gould
Title: Ci tv tlanager
Elwood J., ake, Trustee �; 4-.'�. •s Com.°� i- t"''
Kat en Rake, Trustee,
Alan Moore Petersen, Trustee
Robert John etersen, Trustee
ACKNOWLEDGEMENT
The undersigned hereby acknowledge the exclusive easement rights granted to the City under the
foregoing Agreement, and agree that any parking privileges previously granted to them or which may
hereafter be granted to them by Grantors shall not include the right to use any parking spaces within
the easement area during the term of this Agreement.
Minto & Wilkie Insurance Agency Inc.
Robert Hamilton dba Gamescape By
Title:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of P1ari n
ss.
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On Tues., Apr, 22, 2003 before me, Nancy Hann, Notary Public
Date Name and Title of Officer (e g.. 'Jane Doe, Notary Publicl
personally appeared Rod Gould
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Name(s) of Signer(s)
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acknowledged to me tha he 1e/tWexecuted
the same in/F}er/th)eir authorized
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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: Grant of Temporary Construction and Access
Easement and Agreement; 1219 4th St.; APN 11-255-26:
Document Date: Abri 1 21. 2003 Number of Pages: --
Signer(s)Other Than Named Above. Six Grantors p1US Acknowledgment
t.,
Capacity(ies) Claimed by Signer
•l.
Signer's Name: Rod Gould
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❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
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❑ Trustee
❑ Guardian or Conservator
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[X Other: C P1anager
Signer Is Representing: City of San Rafael
0 1999 National
Notary Association • 9350 De Soto Ave , PO Box 2402 • Chatsworth. CA 91313-2402 • www.nationalnotary org Prod No 5907 Reorder: Call Tdl Free 1-800-875-6827
The City agrees to hold Grantors harmless and to indemnify Grantors for any personal injury
and/or damage to real and personal property resulting from City's use of the easement area during
the term of this Agreement.
The term of this Agreement shall commence on April 1, 2003 and shall run for two (2 years)
thereafter, or until the City's recordation of a Notice of Completion on the City parking structure
project, whichever occurs first.
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.
GRANTORS CITY OF SAN RAFAEL
Nancy Ann Rake, Trustee By:
Title:
Dana Jean Payne, Trustee
Elwood J. Rake, Trustee
Kathleen Rake, Trustee
Alan Moore Petersen, Trustee
Robert John Petersen, Trustee
ACKNOWLEDGEMENT
The undersigned hereby acknowledge the exclusive easement rights granted to the City under the
foregoing Agreement, and agree that any parking privileges previously granted to them or which may
hereafter be granted to them by Grantors shall not include the right to use any parking spaces within
the easement area during the term of this Agreement.
' Minto & Wilkie Insurance Agency Inc.
Rol Hamilton dba Gamescape By
Title:
The City agrees to hold Grantors harmless and to indemnify Grantors for any personal injury
and/or damage to real and personal property resulting from City's use of the easement area during
the term of this Agreement.
The term of this Agreement shall commence on April 1, 2003 and shall run for two (2 years)
thereafter, or until the City's recordation of a Notice of Completion on the City parking structure
project, whichever occurs first.
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.
GRANTORS CITY OF SAN RAFAEL
Nancy Ann Rake, Trustee By:
Title:
Dana Jean Payne, Trustee
Elwood J. Rake, Trustee
Kathleen Rake, Trustee
Alan Moore Petersen, Trustee
Robert John Petersen, Trustee
ACKNOWLEDGEMENT
The undersigned hereby acknowledge the exclusive easement rights granted to the City under the
foregoing Agreement, and agree that any parking privileges previously granted to them or which may
hereafter be granted to them by Grantors shall not include the right to use any parking spaces within
the easement area during the term of this Agreement.
Robert Hamilton dba Gamescape
2
Minto & j ilkie Insurance Agency Inc.
By��; �(
Title: ''
EXHIBIT "A"
Third and C Streets ParkinLy Structure
Temporary Construction Easement on Lands of Petersen
ALL THAT CERTAIN real property situate in the City of San Rafael, County of Marin, State of
California, described below as follows:
A strip of land twenty-two feet wide on the north side of the southerly line of Lot 14 and Lot 15,
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; bounded by the westerly line of Lot 14 and the
Easterly line of Lot 15 of said Map, and consisting an area of 2,739 square feet of land, more or
less.
I
' LOT 12 1
I LOT
Lands of
_ Diversified Land5 of
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/ Holding Co. ( ( '
I I-255-03
I I-255-27 ' I
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% 1 LOT 13 1 LOT 14
10 (( ( I
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_ 1 1-255 / -2G
LOT 15 LOT 16 1
NremPorary Construct) LOT 1
(on Easement
/- - �_ - ' OI 125523
1 LOT 5
r Lands ofLLJ 1 __
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5an Rafael Redevelopment Agency
I 1 LOT 2
_ 1 1 255-14 ► 1
- _ I i , 011255
_ 1 _ -
1 LOT 8 /� '- ----
1 1-255-13
--11-255-13 1 Lands of t
I I 1 t LOT 3
U) ,J n _—'--_� San Rafael 1 1
_ LOT 5 01125507
-----__ Redevelopm e n t
1 Agency I
' Lor 7 � I I-255-10 ' I
01125520
1 I I-255-18 ' 1 NORTH
LOT 6 30'-0"
1 I 1 LOT 4
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P, D J,
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Temporary Construct►o
n basement on Lands of Peters
en. APN: I 1-255-26
fXH IBIT 11511
ALL-PURPOSE ACKNOWLEDGMENT
State of California )
) ss.
County of MARIN
On MARCH 24, 2003 before me, the undersigned, a Notary Public
in and for said County and State, personally appeared:
NANCY ANN RAKE; DANA JEAN PAYNE; ELWOOD J. RAKE JR.
KATHLEEN RAKE; ALAN MOORE PETERSEN; ROBERT JOHN.
PETERSEN
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.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California±
Mari n ss. i.
County of
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On Jan. 23, 2003 beforeme, Nancy Hann, Notary Public
Dale Name and Title of Officer (e g., "Jane Doe, Notary Public)
personally appeared Robert Joseph Hamilton
Name(s) of Signer(s) cif
Elpersonally known to me ` I'
XX proved to me on the basis of satisfactory
evidence
to be the persona')/ whose name(/ Is
subscribed to the with instrumen and
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^ COMM. 01248639
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acknowledged to me that h( j/s1a Mvrexecuted
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signature(e)-on the instrument the personWor
the entity upon behalf of which the personk&}
acted, executed the instrument.
WITNESS my hand and official seal
I.. of Notary Public
OPTIONAL
Though the information below is not required by law, ,t 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: Grant of Temp. Construction and Access Easement
and Agreement
Document Date: -- Number of Pages: Four
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: _ Robert Joseph Hamilton
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner —" : Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:- .__
0 1999 National Notary Association • 9350 De Sato Ave. P.O Boz 2402 - Chatsworth, CA 91313-2402 - www naoonalnotary org
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Prod. No. 5907 Reorder: Call Toll -Free 1-800-876.6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Ma ri n
On Tues ._,_ Dec . 10, 2002 before me,
Date
personally appeared Jeffrey S. Allen
^..
A �
^NANCY
HANN^
C
COMM. 91248839
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NOTARY PUBLIC -Cl_ FORNIA
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MAR:N COUNTY
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ss.
Nancy Hann, Notary Public
Name and Title of Officer (e g., 'Jane Doe, Notary Publii)
Name(s) of Signer(s)
❑ personally known to me
XX proved to me on the basis of satisfactory
evidence
to be the person(s� whose name(s)L%1aftr
subscribed to the within instrument and
acknowledged to me that fie he/th.erexecuted
the same in 0/herliu4err authorized
capacity(il< and that by Sher/their
signaturaKon the instrument the person(a)s or
the entity upon behalf of which the person(s-r
acted, executed the instrument.
WITNESS my hand and official seal.
q1 irD�
Siggature of Notary PuhlTc
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: Grant of Tempora ry Construction and Access
Easement and Agreement
Document Date: -- Number of Pages: --
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: Jeffrey S. Allen
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner —❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
(X Other: Prpsidpnt
Signer Is Representing: Hinto & Wilkie Insurance Agency, Inc.
® 1999 National Notary Association - 9350 De Solo Ave , PO Box 2402 - Chatsworth CA 91313-2402 - vrcnv nationalnolaryorg Prod. No. 5907
VICUL,,...
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Reorder Call Toll -Free 1-600-876.6627
CERTIFICATE OF ACCEPTANCE
PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 27281
Lands of Petersen
1219 Fourth Street (APN 011-255-26)
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 the a� of April, 2003, 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. 11244
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: April 'L-1 , 2003 BY: !�
R015 GOULD, City Manager
City of San Rafael
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of P1a r i n
ss.
i
on April 22, 2003 before me,
Nancy Hann, Notary Public
Dale
Name and Tile of Officer (e g., 'Jane Doe, Notary Public')
personally appeared Rod Gould
Name(s) of Signers)
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Xxpersonally known to me
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❑ proved to me on the basis of satisfactory
evidence
to be the person(,Wwhose name,(djrfs ars-
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subscribed
subscribed to the within instrument" and
acknowledged to me thaei %sheAhey executed
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NANCY HANN^
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the entity upon behalf of which the person(sj�
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acted, executed the instrument.
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WITNESS my hand and official seal.
Sign a�u a of Notary Public
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OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
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fraudulent removal and reattachment of this form to another document.
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Description of Attached Document
I
Title or Type of Document: Certificate of
Acceptance Re Lands of Petersen
1219 Fourth St
(APN 011-255-26)
i
Document Date: April 21, 2003
Number of Pages: -
Signer(s) Other Than Named Above: n/a
1
Capacity(ies) Claimed by Signer
;
Signer's Name: Rod Gould
I
❑ Individual
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❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
M Other: _L1t�! N naapr
_
Signer Is Representing: City of San Rafael
0 1999 National Notary Association - 9350 De Sato Ave . PO Box 2402 - Chatsworth, CA 91313.2402 - www nationalnotary org Prod No 5907 Reorder Call TvII Free 1-800.876.6827