HomeMy WebLinkAboutCC Resolution 11015 (Corporate Center Easement Access)RESOLUTION NO.11015
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING AGREEMENT FOR SAN RAFAEL CORPORATE CENTER, LLC
GRANT OF PUBLIC ACCESS EASEMENT TO CITY OF SAN RAFAEL, OVER
PROPERTY OWNED AND TO BE MAINTAINED BY SAN RAFAEL
CORPORATE CENTER, LLC, AS A PARK OPEN TO THE PUBLIC (APN 013-
021-043), ACCEPTING GRANT OF PUBLIC ACCESS EASEMENT CONTAINED
IN SAID AGREEMENT, AUTHORIZING EXECUTION OF AGREEMENT BY
MAYOR, AND DIRECTING RECORDING OF AGREEMENT BY CITY CLERK.
WHEREAS, consistent with the provisions of Section 15164 of the Guidelines
For Implementation of the California Environmental Quality Act, an Addendum to the
previously certified Final Environmental Impact Report for the Fair Issac Office Park
Development (FEIR) has been prepared to analyze the proposed changes, including the
creation of a privately maintained and publicly accessible park, and was adopted by the
San Rafael City Council August 7, 2000; and
WHEREAS, San Rafael Corporate Center, LLC has been granted a development
permit known as Use Permit Amendment UP97-1 Ob approved by City Council
Resolution No. 10684; and
WHEREAS, San Rafael Corporate Center, LLC as a condition to their approval
of Use Permit Amendment UP97-1 OB was required to grant to the City a public access
easement, to permit members of the general public to use as a public park the landscaped
area of San Rafael Corporate Center's property between and southerly of Building A and
Building B, and adjoining the City Mahon Creek property; and
WHEREAS, public interest, convenience and welfare require that the easement
hereinafter mentioned be accepted and used for the benefit of the public of the City of San
Rafael, California;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of San Rafael, California, that that certain AGREEMENT FOR SAN RAFAEL
CORPORATE CENTER, LLC GRANT OF PUBLIC ACCESS EASEMENT TO CITY
OF SAN RAFAEL, over property owned and to be maintained by San Rafael Corporate
Center, LLC, as a park open to the public (APN 013-021-043), entered into between the
City and San Rafael Corporate Center, LLC, is hereby approved, said Grant of Public
Access Easement contained in such Agreement is hereby accepted by the City, the Mayor
is hereby authorized to execute said Agreement on behalf of the City, and the City Clerk
is hereby directed to cause said Agreement to be duly recorded in the office of the County
Recorder of the County of Marin, State of California, forthwith upon the adoption of this
resolution.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby
certify that the foregoing resolution was duly and regularly introduced and adopted at a
regular meeting of the Council of said City held on the 19th day of February, 2002, by
the following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
zzst* c - Ae..-,e&& , llaPct-�
ice. JEANNE M. LEONCINI, City Clerk
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
JEANNE M. LEONCINI, CITY CLERK
CITY OF SAN RAFAEL
P.O. BOX 151560
SAN RAFAEL, CA 94915-1560
County Of
Marin
JOAN C.-THAYER
2002-0018154
3/7/20022:02po
REC FEE
.00
TOTAL
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NO FEE
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TOTAL TENDERED
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CHANGE
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02:47PM 07—Mar-2002 20020307000171
6I ASSESRH53P711
(NOTE:CERTIFIED COPY OF RESOLUTI%J #11015, ADOPTED BY SAN RAFAEL CITY COUNCIL 2/19/02, ATTACHED)
M RECORDER
(Space Above For Recorder's Use Only)
MAR 07 209 REEMENT FOR SAN RAFAEL CORPORATE CENTER. LLC. GRANT OF
PUBLIC ACCESS EASEMENT TO CITY OF SAN RAFAEL
This Easement Agreement (this "Agreement") is made as of February 19, 2002 (the
"Effective Date"), by and between San Rafael Corporate Center, LLC, a Delaware limited
liability company ("Grantor"), and the City of San Rafael, a charter city organized and existing
under the laws of the State of California ("City").
RECITALS
A. Grantor is the owner of that certain real property located in the City of San Rafael,
County of Marin, State of California, which is more particularly described in Exhibit A attached
hereto and incorporated herein (the "Grantor's Property").
B. City has approved the development of an office park on the Grantor's Property in
accordance with the requirements of the San Rafael General Plan 2000 and the provisions of the
San Rafael Zoning Ordinance (Title 14) of the San Rafael Municipal Code, including the
development of Building A and Building B.
C. City is the owner of Lindaro and Lincoln Streets adjoining the eastern and western
boundaries of Grantor's Property, and the owner of that certain parcel of property adjoining the
southern boundary of Grantor's Property that is recorded as Document No. 1998-0033080 (the
"City Mahon Creek Property').
D. As a condition of the Use Permit Amendment UP 97-1 OB approved by City
Council Resolution No. 10684, Grantor was required to grant City a public access easement, to
permit members of the general public to use as a public park the landscaped area of the Grantor's
Property between and southerly of Buildings A and Building B, and adjoining the City Mahon
Creek Property, as more particularly described on Exhibit B attached hereto and made a part
hereof (the "Easement Area").
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
agreement of the parties herein, Grantor and City agree as follows:
. F 6 ;':
1. Grant of Easement. Grantor hereby grants and conveys to City a permanent public
access easement to permit members of the general public to enter upon, depart from and use for
public park purposes the Easement Area, 365 days per year, subject to the reservations set forth
in Section 2 below. The use of the Easement Area by the public shall be subject to the
Ordinances, resolutions, rules and regulations, which may be adopted by City from time to time.
2. Reservations from Grant. Grantor hereby reserves unto itself, and excludes from
the grant set forth in Section 1 above, the following rights, subject to conformance with Use
Permit Amendment UP 97-1 OB as it may be amended hereafter by City, and the Ordinances,
resolutions, rules and regulations adopted by the City from time to time:
(a) The right to close the Easement Area from sunset to sunrise.
(b) The right to close the Easement Area for reasonable periods of time to
perform maintenance, repair, and replacement of the improvements located thereon or on
Grantor's Property, and to install, make changes to and remove such improvements in and to the
Easement Area as Grantor may desire, subject to approval by City.
(c) The right to close the Easement Area for reasonable periods of time for
restricted public use of the Easement Area for special events.
3. Securitv in Easement Area. Grantor shall provide, at its sole cost and expense,
daytime and nighttime security for the Easement Area. Grantor shall install and maintain
fencing on the Grantor's Property along the boundary between the Easement Area and the
adjoining City Mahon Creek Property and security gates at the Lindaro Street and the Lincoln
Avenue entrances to the Easement Area, which security gates shall be left open during the
daylight hours and closed after dark. Grantor shall provide signage identifying the hours for
public access to the Easement Area.
4. Maintenance of Easement Area. Grantor shall be responsible, at its sole cost and
expense, for the maintenance, repair, and replacement of the improvements located in the
Easement Area, and for the cleaning and general maintenance and upkeep of the Easement area,
it being understood that City shall have no obligation whatsoever with respect to such cost and
expense.
5. Insurance. During the term of this Agreement, Grantor shall maintain, at no
expense to City, a comprehensive general liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence and five million dollars ($5,000,000) annual
aggregate for death, bodily injury, personal injury, or property damage. Not more frequently than
each five (5) years, if the City Council finds, based upon all of the facts and circumstances, that
the amount of insurance coverage is not adequate, Grantor shall increase the coverage as
reasonably required by the City Council. The insurance coverage shall meet the following
requirements:
2
(a) The insurance shall be primary with respect to any insurance or coverage
maintained by City and shall not call upon City's insurance or coverage for any contribution;
(b) The insurance policy shall include coverage for contractual liability and
personal injury;
(c) The insurance policy shall be specifically endorsed to include the City, its
officers, agents, employees, and volunteers, as additional insureds under the policy;
(d) Grantor shall provide the City's Risk Manager (i) Certificates of Insurance
evidencing the insurance coverage required herein, and (ii) specific endorsements naming City,
its officers, agents, employees, and volunteers, as additional insureds under the policy;
(e) The insurance policy shall provide that the insurance carrier shall not
cancel, terminate or otherwise modify the terms and conditions of said insurance policy except
upon thirty (30) days written notice to City's Risk Manager;
(f) If the insurance is written on a Claims Made Form, then, following
termination of this Agreement, said insurance coverage shall survive for a period of not less than
five years;
(g) If the insurance is written on a claims made basis, the insurance policy
shall provide for a retroactive date of placement coinciding with the effective date of this
Agreement; and
(h) The insurance shall be approved as to form and sufficiency as to the
requirements of this Section by the City's Risk Manager and the City Attorney.
6. Indemnity. Grantor shall indemnify, release, defend, and hold harmless City, its
officers, agents, employees, and volunteers from and against any claim, demand, suit, judgment,
loss, liability or expense of any kind, including attorneys' fees, arising out of or related in any
way, in whole or in part, to any acts or omissions, intentional or negligent, of Grantor, its
officers, agents or employees in their use or occupancy of the Easement Area, in the performance
of their duties and obligations under this Agreement, or in their providing access to or use of the
restroom facilities or water fountains in Building A and/or Building B during a special event,
except to the extent the same arises from the sole active negligence or willful misconduct of City.
7. Term. Except as otherwise specifically provided herein or by operation of law,
the easements, covenants, and obligations set forth in this Agreement shall continue in full force
and effect in perpetuity from the date of recordation hereof, unless this Agreement is terminated
by an agreement pursuant to Section 9 hereof recorded in the Official Records of the County of
Marin, State of California.
8. Runs With Land. The terms and conditions of this Agreement shall inure to the
benefit of and bind the successors and assigns of the respective parties hereto, and all covenants
shall run with the land.
9. Amendment and Termination. This Agreement may be amended or terminated
only with the written consent of Grantor and City or their respective successors and assigns. Any
such amendment or termination shall be in writing, acknowledged, and duly recorded in the
Official Records of Marin County, California.
10. Notices. Any notice required or permitted to be given hereunder shall be effective
only if given in writing, sent by certified mail, return receipt requested, air courier, delivered
personally, or transmittal over a facsimile transmitting device if the party to whom the notice is
being sent has a receiving device and provided a complete copy of the notice also shall be served
either personally or in the same manner as required for a mailed notice. Notices shall be
addressed as follows:
If to Grantor: San Rafael Corporate Center, LLC
c/o Wilson/Equity Office, LLC
199 First Street, Suite 200
San Francisco, CA 94105
Attn: Jeff Holzman
With a copy to: Jacqueline U. Moore, Esq.
Wilson/Equity Office, LLC
199 First Street, Suite 200
San Francisco, CA 94105
If to City: City Manager
City of San Rafael
P.O. Box 151560
1400 Fifth Avenue
San Rafael, CA 94915-1560
And with respect to insurance issues:
City Risk Manager
City of San Rafael
P.O. Box 151560
1400 Fifth Avenue
San Rafael, CA 94915-1560
or to such other address as Grantor or City may designate as their new address for such purpose
by giving notice to the other parties in accordance with this Section 10.
Notices shall be deemed to have been given three (3) days after the date such
notice has been mailed in accordance with this Section 10 if sent by mail, one day after the date
has been delivered to the courier if sent by air courier, or upon the date personal delivery is made
4
if delivered personally or sent by the facsimile transmitter (with receipt confirmed) on a business
day.
11. General Provisions.
(a) Transferability: Successors. The rights and obligations of Grantor
hereunder shall be transferable only in connection with a transfer of the Grantor's Property.
Subject to the foregoing, all terms of this Agreement automatically, without further action by
Grantor or City, shall be binding upon, inure to the benefit of, and be enforceable by Grantor and
City and their successors and assigns.
(b) Governing Law. This Agreement shall be governed, construed and
enforced in accordance with the laws of the State of California.
(c) Compliance With Law. Grantor shall comply with all laws, ordinances,
orders and regulations affecting the use of the Easement Area.
(d) Attorneys' Fees. If either party hereto shall file an action or proceeding to
enforce this Agreement, the prevailing party shall be entitled to recover its costs incurred in such
enforcement, including reasonable attorneys' fees and court costs.
(e) Effect on MortRaize. A breach of any provision of this Agreement shall
not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for
value on any portion of the Grantor's Property. The terms and conditions of this Agreement
shall, however, be binding upon and effective against any party whose title to any such property
is acquired by foreclosure, trustee sale or otherwise.
(f) Severabilitv. The invalidity or unenforceability of any provision of this
Agreement with respect to a particular party or set of circumstances shall not in any way affect
the validity or enforceability or any other provisions hereof, or the same provision when applied
to another party or a different set of circumstances.
(g) Captions. Captions herein are for convenience and reference only, and the
words contained therein shall in no way be deemed to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Agreement.
(h) Entire Agreement. This Agreement, including Exhibits attached hereto,
contains the entire agreement between the parties with respect to the subject matter hereof and all
prior negotiations and agreements are merged herein.
5
(i) Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be considered an original and all of which, taken together, shall constitute
one agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first above written.
ATTEST:
Jeanne M. Leoncini, City Clerk
APPROVED AS TO FORM:
Gary T. Ragghianti, City Attorney
GRANTOR:
SAN RAFAEL CORPORATE CENTER, LLC,
a Delaware limited liability company
By: Wilson/Equity Office, LLC
a Delaware limited liability company,
its manager
By: Wilson Investors - California, LLC,
a Delaware limited liability company,
its manager
(9 --,,—
By:
Name: Thomas P. Sullivan
Title: Manager
CITY:
THE CITY OF SAN RAFAEL,
a• charter city organized and existing under the laws of
the State of California
Name: Alber(J. Boro
Title: Mayor
15271 \531003 4 6
STATE OF CALIFORNIA )
) ss.
COUNTY OF 5V1 FM C(sn )
On ftbf q 15, 2002 before me,
TKOVN\06 ?SUkkV&P , a Notary Public for
the State of California, personally appeared
I h DPAQS P • S u < <i V" , personally known to me (er
preved to be the person(g) whose name is/efa-
subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in
hist/thciff authorized capacity(ies), and that by his/1w9tkT signature(s) on the instrument the
person(sr , or the entity upon behalf of which the person4s jacted, executed the instrument.
WITNESS my hand and official seal.
4?0j1J-- I M, v� )Q J -
(Signature)
STATE OF CALIFORNIA
COUNTY OF
On
ss.
, 2002 before me,
the State of California, personally appeared
PATSY M. WEST V
0 COMM. S 1233632
.� NOTARY PUBIIC•CAMFORINA
(SEAL) — City 6 County of It Francisco n
} M r COMM_ EXP. SEPT. 17, 2002;
, a Notary Public for
, 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.
(Signature)
15271\531003.4
(SEAL)
EXHIBIT `A'
DESCRIPTION OF GRANTOR'S PROPERTY
All that certain real property sucrate In the City of San Rafael, County of Marin, State of
California, described as follows:
PARCEL ONE:
THE 8.280 acre parcel of land as shown upon that certain Record of Surrey fled for record May
10,. 1985, In Volume 20 of Surveys, at Page 47, Matin County Records.
EXCEPTING THEREFROM that portion thereof described In Exhibit C (Granted .Lands Parcel)
attached to that certain Agreement for Setd merit of a Tide Dispute Within the City of San
Rafael, County of Marin, Among Pacific Gas and Electric Company, The City of San Rafael, and
The California State Lands Comrdsslon, recorded May 18, 1998, as Recorder's Serial No. 98-
033080, Marin County Records.
ALSO EXCEMNG THEREFROM that portion thereof described In the' Deed frorn Lease Plan
North America, Inc., to the City of San Rafael, recorded Apel 1, 1999 as Recorders Serial No.
1999-0025617, Marin County Records.
PARCH. TWO:
A PORTION of that certain parcel of land described in the deed from F.M. Neely and Sara Neely,
his wife, to PG&E recorded December 12. 1922 in Volume 11 of Official Records, at Page 209,
Marin County Records, more particularly descn'bed as follows:
BEGINNING at the intersection of the Southerly boundary rine of the city street known as
Second Street with the Westerly boundary line of the city street known as UrKlaro Street and
running thence along said Westerly boundary, South 06' 45' 00" West 299.22 feet; thence
South 089 53' 00" West 405.54 feet -lo a point in the Northerly boundary line of the
Northwestern Pacific Railroad right of way; thence along said Northerly boundary rine, North
54' 38' 00" West 396.88 feet to the Southeasterly comer of the parcel of land described and
designated Parcel Two in the executor's deed from Albert E. Bagshaw, as executor, to Steve
ZappetW & Sons, Inc., dated April 15, 1976, and recorded In Book 3026 of Official Records,
at Page 682, Marin County Records; -thence along the Easterly boundary fine of Parcel Two
described in said deed dated April 15, 1976, North 060 38' 05" East 238.95 feet; South 830
33' 00" East 241.53 feet to a point herein for convenience called Point "A"; thence North 060
38'.05" East 273.54 feet to a point in the Southerly boundary fine of said Second Street;
thence running along said Southerly boundary fine, South 839 33' 00" East 123.00 feet, more
or less, to the point of beginning.
THE bearings used are based on said Record of Survey filed for record May 10, 1985, in
Volume 20 of Surveys, at Page 47, Marin County Records.
EXCEPTING THEREFROM that portion thereof described in the Deed from Lease Pian North
America, Inc., to the. City of San Rafael, recorded April 1, 1999 as Recorder's Serial No. 1999-
0025617. Marin County Records.
PARCEL THREE:
BEGINNING at a point in the Southerly fine of Second Street, said point being the mast Westerly
corner of the property granted to the City of San Rafael by Deed recorded June 10, 1893 in
Book 26 of Deeds, at Page 238, Marin County Records; thence Easterly along said fine of
Second Street South 83° 33' 00" East 140.10 feet. to the Southerly line of the San Rafael and
San Quentin Turnpike or Toff Road, now known as Francisco Boulevard; thence along the
Southerly fine of said Turnpike South 510 37' 29" East 90.00 feet; thence leaving said
Southerly One South 14° 50' 25" West (South 140 59' West Deed) 153.50 feet; thence North
37°'46' 10" West (North 38° 4' West Deed) 278.30 feet to the Point of Beginning.
EXCEPTING THEREFROM all that portion thereof lying within the fines of Lincoln Avenue.
PARCEL -FOUR:
BEGINNING at the point of Intersection of the Southerly One of Second Street with the Easterly
One of Petaluma Avenue (now known as Lincoln Avenue), said point being the most Westerly
comer of the pR
property granted to the City of San afael by Deed recorded December 5. 1898
In Book 53 of Deeds, at Page 282, Marin County Records; thence Easterly along the Southerly
line of Second Street South 83' 33' 00" East 0.60 feet to the most Westerly comer of that
certain lot or parcel of land which was conveyed by John W. Mackay and James L. Flood to
the City of San Rafael, by Deed dated June 5, 1893 and recorded in Book 26 of Deeds, at Page
238, Marin County Records; thence along the Southwesterly One of said lot, South 370 46'10-
East
6'10"East (South 380 04' East Deed) 278.30 feet to the most Southerly corner of said lot; thence
along the Easterly One of said lot, North 14' 50' 25" East (North 140 59' East Deed) 153.50
feet to the Southerly One of the Top Road now known as Francisco Boulevard; thence Easterly
along said Southerly One South 51' 37' 29" East 8.68 feet (6.6 feet Deed), to the Westerly
bank of the tidal canal as *described in the aforementioned Deed to the City of San Rafael In
Book 63 of Deeds, at Page 282; thence along the Westerly bank of the said tidal canal South
110 32'07" West 287.13 feet (South 110 43' West 289 feet Deed); thence continuing along
the Westerly bank of said tidal canal along a curve to the right tangent to the preceding course,-
having a radius of 441.70 feet, through a central angle of 360 01' 15", an arc length of 277.69
feet to the Easterly One of Uncoln Avenue; thence along the Easterly line of Lincoln Avenue,
along a curve to the right. whose radius point bears North 60' 08' 09" East 473.00 feet,
through a central angle of 360 18' 51 ", an are length of 299.79 feet, said Easterly One being
_ parallel with and distant 54.00 feet Easterly from the Easterly One of the parcel described in the
Deed to Pacific Gas & Electric recorded October 18, 1961 In Book 1507 of Official Records,
at Page 381, Marin County Records; thence continuing along. laid Easterly- fine of Lincoln
Avenue North 06' 27' 00" East 309.32 feet to the Point of Beginning.
EXCEPTING THEREFROM all that portion thereof lying within the fines of Lincoln Avenue.
ALSO EXCEPTING THEREFROM all that portion of Parcels Three and Four above, described as
follows:
COMMENCING at the Intersection of the Southerly One of Second Street with the Easterly fine
of Lincoln Avenue, said point being the most Westerly comer of the property granted to the City
of San Rafael by Deed recorded December 5, 1898 in Book 53 of Deeds, at Page 282, Marin
County Records; thence along said Southerly One of Second Street South 83' 33' 00" East
140.70 feet to the Southwesterly One of Francisco Boulevard; thence leaving the Southerly One
of Second Street along said Southwesterly One of Francisco Boulevard, South 51 ° 37' 29" East
98.68 feet to the Easterly One of the above described Parcel Two and the True Point of
Beginning; thence leaving the Southwesterly One of Francisco Boulevard along said Easterly One
of Panel Two South 71 O 32' 07" West 94.76 feet; thence leaving said Gne North 800 50' 15"
West, 36.80 feet; thence North 100 45' 22" East 115.69 feet to a point on said Southwesterly
One of Francisco Boulevard; thence along said Southwesterly One South .610 37' 29" East
42.97 feet to the Point of Beginning.
FURTHER EXCEPTING THEREFROM a!1 that portion of parcels Three and Four above, described
as follows:
BEGINNING at the intersection of the Southerly One of Second Street with the Easterly fine of
Uncoln Avenue, said point being the most Westerly corner of the property granted to the City
of Spn Rafael by Deed recorded December 5, 1898 In Book 53 of Deeds, at Page 282, Marin
County Records; thence along said Southerly One of Second Street, South 830 33' 00" East
140.70 feet to the Southwesterly rine of Francisco Boulevard; thence leaving the Southerly One
of Second Street, and along said Southwesterly rine of Francisco Boulevard, South 51 ° 37' 29"
East, 55.71 feet; thence leaving said Southwesterly One of Francisco Boulevard, South 10° 45'
22" West, 7.90 feet; thence North 510 37' 29" West.. -.32.7.9 feet; thence North 830 33' yv"
West, 134.56 feet; thence South 51 ° 27' 00" West, 35.36 feet to the Easterly One of Lincoln
Avenue; thence along said Easterly One of Lincoln Avenue North 06° 27' 00" East, 45.00 feet
to the Point of Beginning.
PARCEL FIVE:
A PORTION of Parcel 4, as conveyed to the San Rafael Redevelopment Agency by Deed
recorded October 30, 1997 in Document No. 97-062019, Marin County Records, and snore
particularly described as follows:
COMMENCING at the intersection of the Southerly Erne of Second Street with the Easterly fine
of Lincoln Avenue, said point being the most Westerly comer of the property granted to the City
of San Rafael by Deed recorded December 5, 1898 in. Book 53 of Deeds at Page 282, Marius
County Records; thence along said Southerly Eine of Second Street South 830 33' 00" East
140.70 feet to the Southwesterly Eine of Francisco Boulevard; thence leaving the Southerly- fine
of Second Street and along said Southwesterly Erne of Francisco Boulevard, South 519 37' 29"
East 98.68 feet to the Westerly line of said Parcel 4; thence along said line South 110 32' 07"
West 94.76 feet to the true point of beginning; thence continuing along said fine South 11 ° 32'
07" West 192.37 feet; thence continuing along said Erne on a curve to the right tangent to the
preceding course having a radius of 441.70 feet through a central angle of 36' 01' 15", an arc
length of 277.69 feet to the Easterly Erne of aforementioned Lincoln Avenue; thence along said
Easterly line of Lincoln Avenue on a curve to the left whose radius point bears Noah 600 08'
09" East 473.00 feet, through a central angle of 010 17' 02", an arc length of 10.60 feet;
thence leaving said Easterly fine of Lincoln Avenue on' a curve to the left whose radius point
bears North 310 37' 02" West, 315.00 feet, through a Central angle of 500 23' 55", an are
length of 277.08 feet; thence North 120 06'01" East 102.01 feet; thence North 06' 19' 27"
East 109.66 feet; thence North 80° 50' 15" West 12.66 feet to the point of beginning.
RESERVATION OF all minerals and mineral rights, Interests and royalties, inducting, without
limiting the generality thereof, A gas and other hydrocarbon substances, *as wel as metallic
or other solid minerals, in and under the property, however, Grantor or its successors and
assigns, shall not have the right for any purpose whatsoever to enter upon, into, or through the
surface of the property In correction therewith, as contained in the Deed from Southern Pacific
Transportation Company, a Delaware corporation to San Rafael Redevelopment Agency, a body
corporate and politic of the State of California, recorded October 30, 1.997 as Recorders Serial
No. 97-062019, Marin County Records.
Note: See attached plat maps- Exl . B Sheet 1 and Exhibit B Sheet 2.
LEGAL DESCRIPTION
PUBLIC ACCESS EASEMENT
SAN RAFAEL CORPORATE CENTER
Those parcels of land in the City of San Rafael, County of Marin, State of California, described as
follows:
PARCEL ONE
BEGINNING at a point on the southerly line of the 20 foot wide P. G, & E. Slurry Wall Easement as
described in the document recorded in serial number 98-033514, Marin County Records, said point
also being a point on the easterly line of Lindaro Street (66' wide);
Thence along the easterly line of Lindaro Street, North 8'53100" East, 26.47 feet;
Thence South 81'07'00" East, 46.18 feet;
Thence North 8'53'00" East, 8.50 feet;
Thence South 81'07'00" East, 141.00 feet;
Thence South 8'53'00" West, 3.00 feet;
Thence South 81'07'00" East, 47.00 feet;
Thence North 8'53'00" East, 47.00 feet;
Thence North 81'OTOO" West, 3.00 feet;
Thence North 8'53'00" East, 190.24 feet;
Thence North 85'02'52" East, 1435 feet;
Thence South 4'5347" East, 112.75 feet;
Thence North 85'06'13" East, 65.00 feet;
Thence South 4'5347" East, 58.50 feet;
Thence South 85'06'13" West, 8.50 feet;
Thence South 4'5347" East, 58.00 feet;
Thence North 85'06'13" East, 125.00 feet;
Thence North 4'5347" West, 12.00 feet;
Thence North 85'06'13" East, 8.58 feet to a point on the easterly line of said 20 foot wide P. G. & E.
Slurry Wall Easement (SN# 98-033514), said point hereinafter referred to as Point "A".
Thence along the easterly and southerly line of said Easement (SN# 98-033514), the following courses:
South 0' 14'58" West, 7.11 feet;
Thence South 19'3758" West, 39.56 feet;
Thence South 33'08'08" West, 15.06 feet;
Thence South 46'2746" West, 25.64 feet;
Thence South 62'01'36" West, 34.81 feet;
Thence South 87'55'06" West, 107.97 feet;
Thence North 76'5226" West, 105.29 feet;
Thence North 79'31'32" West, 111.03 feet;
Thence North 84'17'14" West, 32.99 feet;
Thence North 76'44'52" West, 70.78 feet to the Point of Beginning.
PARCEL TWO
Commencing at the previously described Point "A";
Thence North 85'06'13" East, 4.22 feet to the True Point of Beginning;
Thence South 73'54'20" East, 53.67 feet to a point on the westerly line of Lincoln Avenue (54' wide);
Thence along said westerly line of Lincoln Avenue, northerly along a non -tangent curve concave to
the east, whose center bears North 63'25'00" East, with a radius of 527.00 feet, through a central angle
of 2'13'58", for an arc length of 20.54 feet;
Thence South 85'06'13" West, 42.89 feet to the True Point of Beginning.
Prepared by: 7 �+ 7T� 7�
CSW/STUBER STROEH ENGINEEPUNG GI OTUP, INC
Ronald B. Simpkins
L.S. No. 3201, Exp. 6/30/04
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GRAPHIC SCALE
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\P.O.B.
csw SCALE: 1"=60' JOg# 569203
CSW/STUBER•—STROEH NOVEMBER 28, 2001
[St]2 ENGINEERING GROUP, INC. SAN Wim, CORPORATE CENTER
CONSULTING ENGINEERS
790 DeLong Ave., Novato, CA. 94945-3246 EXHIBIT B -SHEET 1
(415) 892-4763 FAX (415) 892-4502 flAl ir-nof,11A
,r, inn+
SAN RAFAR AAADIAI
csw
[St]2
790 DeLong Ave.,
(415) 892-4763
CSW/STUBER-STROEH
ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
Novato, CA. 94945-3246
FAX (415) 892-4502
0 Pool
SCALE: 1"=60' JOB# 569203
NOVEMBER 28, 2001
SAN WAR COMRAT'E CEIYYTER
EXHIBIT B - SHEET 2
SAN RAFAEL MARIN CALIFORNIA
LINE TABLE
LINE
LENGTH
BEARING
Ll
26.47'
N0853'00"E
L2
46.18'
N81'07'00"W
L3
8.50'
N08'53'00"E
L4
141.00'
N81'07'00"W
L5
3.00'
N08'53'00'E
L6
47.00'
N81'07'00"W
L7
47.00'
NOS53'00'E
L8
3.00'
N81'07'00" W
L9
190.24'
N0853'00"E
L10
14.35'
N8SO2'52"E
L l l
I 112.75'
NO V53'47' W
L12
65.00'
N85'06'13"E
L13
58.50'
NO V53'47' W
L14
8.50'
N85'06'13"E
I L15
58.00'
N04 -53'47"W
L16
125.00'
N85'06'13"E
L17
12.DO'
N04'53'47'W
L18
8.58'
N85'06'13'E
L19
7.11'
N00'l4'58"E
L20
39.56'
N19'37'58"E
L21
15.06'
N33'08'08"E
i L22
25.64'
N46'27'46"E
L23
34.81'
N62'01'36"E
L24
107.97'
NBT55'06"E
L25
105.29'
N76'5226'W
L26
111.03'
N79'31'32"W
L27
32.99'
N84'17'14"W
L28
70.78' I
N76'44'52"W
1 L29
42.89' l
N85'06'13°E
L30
53.67' 1
N73'54'20"W
CSW/STUBER-STROEH
ENGINEERING GROUP, INC.
CONSULTING ENGINEERS
Novato, CA. 94945-3246
FAX (415) 892-4502
0 Pool
SCALE: 1"=60' JOB# 569203
NOVEMBER 28, 2001
SAN WAR COMRAT'E CEIYYTER
EXHIBIT B - SHEET 2
SAN RAFAEL MARIN CALIFORNIA