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HomeMy WebLinkAboutCC Resolution 11016 (Corporate Center Easement Access)RESOLUTION NO. 11016 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, APPROVING AGREEMENT FOR CITY OF SAN RAFAEL GRANT OF ACCESS AND MAINTENANCE EASEMENT TO SAN RAFAEL CORPORATE CENTER, LLC, OVER CITY PROPERTY (APN 013-021-041) ADJOINING PROPERTY OWNED AND TO BE MAINTAINED BY SAN RAFAEL CORPORATE CENTER, LLC, AS A PARK OPEN TO THE PUBLIC, AUTHORIZING EXECUTION OF AGREEMENT BY MAYOR, AND DIRECTING RECORDATION OF AGREEMENT BY CITY CLERK. WHEREAS, this easement granting San Rafael Corporate Center rights to construct and maintain improvements which are accessible to the public, including the construction of a sidewalk, landscaping, and fencing, has been determined to be exempt from the California Environmental Quality Act (CEQA), pursuant to Sections 15317 ( Open Space Contracts or Easements) and 15061(b)(3) (General rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment) of the CEQA Guidelines; 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 ORIGINAL WHEREAS, to complete the required improvements it is necessary for San Rafael Corporate Center, LLC to construct and maintain a pedestrian pathway, irrigation improvements, fencing and landscaping over and across City owned Property; and WHEREAS, the City of San Rafael is willing to grant San Rafael Corporate Center, LLC an easement for the construction and maintenance of a pedestrian pathway, irrigation improvements, fencing and landscaping on the City Property; and WHEREAS, public interest, convenience and welfare require that the easement hereinafter mentioned be granted by the City of San Rafael to San Rafael Corporate Center, LLC to be 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 CITY OF SAN RAFAEL GRANT OF ACCESS AND MAINTENANCE EASEMENT TO SAN RAFAEL CORPORATE CENTER, LLC, over City Property (APN 013-021-041) adjoining property owned and to be maintained by the San Rafael Corporate Center, LLC as a park open to the public, entered into between the City and San Rafael Corporate Center, LLC, is hereby approved, the Mayor is hereby authorized to execute said Agreement on behalf of the City, and the City Clerk is hereby authorized 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 A r k,e ,f . 9ju Q -,j , ZoOA r� JEANNE M. LEONCINI, City Clerk �i 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 2002-0018155 3/7/2002 2:02po REC FEE .00 TOTAL .00 NO TOTAL TENDERED .00 CHAN6E .00 02:51PM 07 -Mar -M 20020307000176 6I ASSESRH2P711 (NOTE:CERTIFIED COPY OF RESOLUTION #11016, ADOPTED BY SAN RAFAEL CITY COUNCIL 2/19/02, ATTACHED) (Space Above For Recorder's Use Only) AGREEMENT FOR CITY OF SAN RAFAEL GRANT OF ACCESS AND MAINTENANCE EASEMENT TO SAN RAFAEL CORPORATE CENTER. LLC This Easement Agreement (this "Agreement") is made as of February 19, 2002 (the "Effective Date"), by and between the City of San Rafael, a charter city organized and existing under the laws of the State of California ("City"), and San Rafael Corporate Center, LLC, a Delaware limited liability company ("Grantee"). MARIN COUNTY RECORDER RECITALS R 0 7A. City is the owner of 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 "City Property"). B. Grantee is the owner of that certain real property located in the City of San Rafael, County of Marin, which is more particularly described in Exhibit B attached hereto and incorporated herein (the "SRCC Property"). C. The City Property is adjacent to the SRCC Property. D. City is willing to grant Grantee an easement, as hereinafter described, for the construction and maintenance of a pedestrian pathway, irrigation improvements, fencing and landscaping on the City Property. NOW, THEREFORE, City and Grantee agree as follows: 1. Easement. City hereby grants to Grantee an appurtenant easement, over, upon, through and across the City Property for the purposes of constructing, installing, repairing, replacing and maintaining a pedestrian pathway, irrigation improvements, fencing and landscaping, in conjunction with the use of the SRCC Property by Grantee, and its owner(s), tenants, franchisees and subtenants, and their concessionaires, suppliers, patrons, customers, invitees, guests, employees and agents. Grantee shall have the right and obligation, at its sole cost and expense, to construct and maintain said pedestrian pathway, irrigation improvements, fencing and landscaping, in conformance with the conditions of approval contained in ED97-24 approved by City, and with the San Rafael Corporate Center Permit Drawings on file with the City Building Divison, including the South Parcel Irrigation Plan (Sheet L3.02), the South Parcel Planting Plan and Planting List (Sheet L4.02), and the South Parcel Dimension Plan (Sheet L1.02A), as the same may be amended hereafter with City approval, and to be responsible for the cleaning and general maintenance and upkeep of the City Property, it being understood that City shall have no obligation whatsoever with respect to such cost and expense. 2. Liens. Grantee shall not permit any claim, lien or other encumbrances arising from its use of the City Property to accrue against or attach to the City Property or the interest of City in adjacent lands. 3. Reservation of Rights. City reserves the right to use the City Property for purposes which will not interfere with Grantee's full enjoyment of the easement rights hereby granted. 4. Insurance. During the term of this Agreement, Grantee 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 ($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, Grantee shall increase the insurance coverage as reasonably required by the City Council. The insurance coverage shall meet the following requirements: (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) Grantee 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 policies; (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; 1) (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 in this Section by the City's Risk Manager and the City Attorney. 5. Indemnitv. Grantee shall indemnify, release, defend, and hold harmless City, its officers, agents, employees, and volunteers, from and against any claim, demand, suit, judgment, liability or, expense of any kind, including attorneys' fees, arising out of or related in any way to the construction, installation, operation, maintenance, repair or use of the pedestrian pathway, irrigation improvements, fencing or landscaping provided under this Agreement, or any acts or omissions, intentional or negligent, of Grantee, its officers, agents, or employees in the performance of their duties and obligations under this Agreement, except to the extent the same arises from the sole active negligence or willful misconduct of City. 6. 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 8 hereof recorded in the Official Records of the County of Marin, State of California. 7. 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. 8. Amendment and Termination. This Agreement may be amended or terminated only with the written consent of City and Grantee or their respective successors, transferees and assigns. Any such amendment or termination shall be in writing, acknowledged, and duly recorded in the Official Records of Marin County, California. 9. 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: 3 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, with a copy to: City Risk Manager City of San Rafael P.O. Box 151560 1400 Fifth Avenue San Rafael, CA 94915-1560 If to Grantee: 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 or to such other address as City or Grantee may designate as their new address for such purpose by giving notice to the other parties in accordance with this Section 9. Notices shall be deemed to have been given three (3) days after the date such notice has been mailed in accordance with this Section 9 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 if delivered personally or sent by the facsimile transmitter (with receipt confirmed) on a business day. 10. General Provisions. (a) Transferabilitv: Successors. The rights and obligations of Grantee hereunder shall be transferable only in connection with a transfer of the SRCC Property and the rights of City hereunder shall be transferable only in connection with a transfer of the City Property. Subject to the foregoing, all terms of this Agreement automatically, without further action by City or Grantee, shall be binding upon, inure to the benefit of, and be enforceable by City and Grantee and their successors, transferees and assigns. 4 (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. Grantee shall comply with all laws, ordinances, orders and regulations affecting the use of the City property. (d) Attornevs' 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 Mort2aize. 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 SRCC 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. (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. 5 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. ATTEST: Jeanne M. Leoncini City Clerk n APPROVED AS TO FORM: ei�'- > &.,,.. (,To -\-- Gary T. Ragghianti, City Attorney CITY: THE CITY OF SAN RAFAEL, a charter city organized and existing under the laws of the State of California By: Name: XlbeK f. Boro Title: Mayor GRANTEE: 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 By: 9— Name: Thomas P. Sullivan Title: Manager 15271\531006.2 6 STATE OF CALIFORNIA ) ) ss. COUNTY OF Goy\ r— aA C(5 Co ) On P-WUfN'y 15 _, 2002 before me, M. , I�JQS�" , a Notary Public for the State of California, personally appeared ` hom&S P. SLk t1/tJl.V1 , personally known to me (Or to be the person(4 whose name(Al is/ate subscribed to the within instrument, and acknowledged to me that he/4wdley executed the same in his/lam/tkeir authorized capacity(i@s-), and that by his/her/heir signature(s) on the instrument the person(4, or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. -PQbt-X'&+M - Vj U�— (Signature) STATE OF CALIFORNIA COUNTY OF On ss. , 2002 before me, the State of California, personally appeared (SEAL) p PATSY M. WEST COMM 01233632 O NOTARY PUBLIC -CALIFORNIA Clly 3 COMY Of Ban Fmcitco C) COM. EXP. SEPT. 17'. 2003 , 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) 152711531006.2 (SEAL) 1 DESCRIPTION OF THE CITY PROPERTY SUBJECT TO EASEMENT That parcel of land in the City of San Rafael, described as follows. Commencing at a point on the southerly line of the 20 foot wide P. G. do 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 from said point of commencement, along the southerly line of said Easement (SN 4 98- 033S14). South 76°4452" East, 70.78 feet; thence continuing along said southerly line, South 84.1 T14" East, 32.99 feet; thence continuing along said southerly line, South 79°31"32" East, 111.03 fret; thence cominuing along said southerly line, South 76052'26" East, 105.29 feet; thence continuing along said southerly litre, North 87°55'06" East, 107.97 feet; thence continuing along said southerly line, North 62°0]"36" Fast, 34.81 feet: thence continuing along said southerly line, North 4692746" E6st, 25.64 feet: thence continuing along said southerly line, North 33°08'08" East, 15.06; thence continuing along said southerly line, North 19°3758" East, 6.33 feet to the True Point of Beginning; thence from said True Point of Beginning, continuing along said southerly line, North 19"3TSg" East. 33.23 feet; thence continuing along said southerly line, North 0°14'58" Eat, 8.68 feet; thence South 73"5420" East, 35.52 feet; thence South 67°0828" West, 17.16 feet; thence southwesterly along a tangent curve concave to the southeast;, whose center bears South 2251'32" East, with a radius of 70.00 feet, through a central angle of 31014-49-. for an aro length of 3 8. 18 feet to the True Point of Beginning. Prepared by CSW/Stuber-Stroeh Engineering Group, Inc. Ronald B. Simpkins, L.S. No. 3201. Exp. 6/30/04 He- 5.69:.01 Date: 17/12Jo1 Ir .6,�08 EXHIBIT `B' DESCRIPTION OF THE SRCC PROPERTY AN that certain real property situate in the City of San Rafael, County of Marin, State of California, descnbed as folows: PARCEL ONE: THE 8.280 acre parcel of land as shown upon that certain Record of Survey fled for record May 10,-1985, in Volume 20 of Surveys, at Page 47, Marin County Records. EXCEPTING THEREFROM that portion thereof described in Bddbit C (Granted .Lands Parcell attached to that certain Agreement for Settlement of a Titre 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 Commission, recorded May 18, 1998, as Recorder's Serial No. 98- 033080, Marin County Records. ALSO EXCEPTING THEREFROM that portion thereof described in tfie' Deed from Luse Plan North America, Inc., to the City of San Rafael, recorded April 1, 1999 as Recorder's Serial No. 1999-0025617, Marin County Records. PARCEL 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 described as follows: BEGINNING at the Intersection of the Southerly boundary line of the city street known as Second Street with the Westerly boundary fine of. the city street known as Undaro Street and running thence along said Westerly boundary, South 06' 45' 00" West 299.22 feet; thence South 080 53' 00" West 405.54 feet to a point in the Northerly boundary Gne of the Northwestern Pacific Railroad right of way; thence along said Northerly boundary line, North 540 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 Zappetlyd & 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 One of Parcel Two described in said deed dated Apra 15, 1976, North 060 38' 05" East 238.95 feet; South 83° 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 line of said Second Street; thence running along said Southerly boundary fine, South 830 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 Plan 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 line of Second Street, said point being the most 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 line of Second Street South 831 33' 00" East 140.10 feet. to the Southerly line of the San Rafael and San Quentin Turnpike or Ton Road, now known as Francisco Boulevard; thence along the Southerly line of said Turnpike South 511 37' 29" East 90.00 feet; thence leaving said Southerly fine South 14° 50' 25" West (South 14' 59' West Deed) 153.50 feet; thence North 37046' 10" West (North 38° 4' West Deed) 278.30 feet to the Point of Beginning. EXCEPTING THEREFROM all that portion thereof lying within the lines of Lincoln Avenue. PARCEL FOUR: BEGINNING at the point of intersection of the Southerly Gne of Second Street with the Easterly line of Petaluma Avenue (now known as Lincoln Avenue), said point being the most Westerly corner of the property granted to the City of San Rafael by Deed recorded December 5, 1898 in Book 53 of Deeds, at Page 282, Madre Coik-Ity Records; thence Easterly along the Southerly fine of Second Street South 831D 33' 00" East 0.60 feet to the most Westerly corner 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 (South 380 04' East Deed) 278.30 feet to the most Southerly comer of said lot; thence along the Easterly One of said lot, North 140 60' 25" East (North 14' 59' East Deed) 153.50 feet to the Southerly One of the Toil 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 53 of Deeds, at Page 282; thence along the Westerly bank of the said tidal canal South 11 ° 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 Lincoln Avenue; thence along the Easterly One of Uncoln 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 arc 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 said Easterly. One of Uncoln Avenue North 06' 27' 00" East 309.32 feet to the Point of Beginning. EXCEPTING THEREFROM all that portion thereof lying within the Ones of Uncoin 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 830 33' 00" East 140.70 feet to the Southwesterly line of Francisco Boulevard; thence leaving the Southerly One of Second Street along said Southwesterly One of Francisco Boulevard, South 51 O 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 line of Parcel Two South 110 32' 07" West 94.76 feet; thence leaving said fine 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 .510 37' 29" East 42.97 feet to the Point of Beginning. FURTHER EXCEPTING THEREFROM all 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 One of Lincoln Avenue, said point being the most Westerly comer 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 One of Francisco Boulevard; thence leaving the Southerly One of Second Street, and along said Southwesterly line of Francisco Boulevard, South 510 37' 29" East, 55.71 feet; thence leaving said Southwesterly line of Francisco Boulevard, South 10* 45' 22" VVeast, 7.90 feet; thence North 516 37' 29" West, .32.79 feet; thence North 830 33' 00" West, 134.56 feet; thence South 51 ° 27' 00" West, 35.36 feet to the Easterly Fine of Lincoln Avenue; thence along said Easterly line 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 more particularly described as follows: COMMENCING at the intersection of the Southerty rine of Second Street with the Easterly line of Lincoln Avenue, said point being the most Westerty 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 Eine of Second Street South 830 33' 00" East 140.70 feet to the Southwesterly line of Francisco Boulevard; thence leaving the Southerly. line of Second Street and along said Southwesterly Cine of Francisco Boulevard, South 510 37' 29" East 98.68 feet to the Westerly line of said Parcel 4; thence along said rine South 110 32' 07" West 94.76 feet to the true point of beginning; thence continuing along said rine South 11 O 32' 07" West 192.37 feet; thence continuing along said fine 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 fine of aforementioned Lincoln Avenue; thence along said Easterly line of Lincoln Avenue on a curve to the left whose radius point bears North 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 31' 37' 02" West, 315.00 feet, through a central angle of 500 23' 55", an arc 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 800 50' 15" West 12.66 feet to the point of beginning. RESERVATION OF all minerals and mineral rights, interests and royalties, including, without limiting the generality thereof, oil, gas and other hydrocarbon substances,'as well 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 connection 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, 1997 as Recorder's Serial No. 97-062019, Marin County Records.