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HomeMy WebLinkAboutCC Resolution 11020 (Baypoint Lagoons Unit 3B Easement)RESOLUTION NO. 11020 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF STORM DRAIN FROM JACQUELINE ANNES TRUST. BAYPOINT LAGOONS UNIT 3B APN: 09-420-57 WHEREAS, the improvements for the subdivision entitled, "Map of Baypoint Lagoons Unit 313", by the developer, Rockport Land Corporation and Pablo Land Corporation, were completed in 2000; and WHEREAS, the relocation of a public storm drain, now installed on Egret View (a private street), approved by the Public Works Department, also encroached on land owned by the Jacqueline Armes Trust; and WHEREAS, Jacqueline Armes on behalf of the Jacqueline Armes Trust, has executed a Grant of Easement for Maintenance and Construction of Storm Drain to the City; 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 grant of easement, executed by Jacqueline Armes Trust, to the City of San Rafael, dated February 5, 2002, be and the same is hereby accepted and the Clerk of said City is hereby directed to cause said conveyance 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 4"' day of March, 2002, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen JEANNE M. LEONCINI, City Clerk n a"% �,-b Uh LU 'I AO HO When recorded mail to: City of San Rafael Department of Public Works 1400 Fifth Avenue P. 0. Box 151560 San Rafael, CA 94915-1560 County Of mann JOAN C. THAYER 2002-0019a66 3/13/2002 10:44ai AEC FEE ee TDTAL Be NO FEE ea TTU�TENDERED : � 10:46AM 13-111ar-21W 2e02031300e077 aI ASaE5RH53P711 (NOTE:CERTIFIED COPY OF RESOLUTION #11020, ADOPTED BY SAN RAFAEL CITY COUNCIL 3/4/02, ATTACHED) SPACE ABOVE THIS LINE FOR RECORDER'S USE MARIN C0111.*7Y GRANT OF EASEMENT FOR CONSTRUCTION RLCORL L=R AND MAINTENANCE OF STORM DRAIN MAR 13 2002 41 Egret View (APN: 009-420-57) Jacaueline Annes Trust (hereinafter called "Grantor" without regard to number or gender) for an adequate consideration hereby GRANTS and conveys to the CITY OF SAN RAFAEL, a municipal corporation, an EASEMENT over the strip of land hereinafter described for the purpose of laying down, installing, constructing, renewing, inspecting, maintaining, repairing and using a public storm drain on or under said strip of land together with the right of ingress thereto and egress therefrom, in, on and across said strip of land and the contiguous real property of Grantor. Said strip of land is located in the City of San Rafael, County of Marin, State of California, and is more particularly described as follows: See Exhibit "A" Grantor shall not plant, place or deposit anything in or on said strip of land which will damage or interfere with any of the rights granted hereunder nor shall Grantor erect or construct any building or other structure or drill or operate any well within said strip of land. The City agrees to restore any area within said easement to the satisfaction of the Grantor upon completion of any work done within said easement. Restoration includes, but is not limited to, the replacement of topsoil, irrigation systems and landscaping. The provisions hereof shall inure to the benefit of and bind the heirs, successors, and assigns of the respective parties hereto. IN W=T�ESS WHEREOF, Grantor has executed these presents, this 0 J _ day of JO �,1 �v(l 20 Q rZ (J Jacqueline Annes Trust, (.%Au�2/ N cNc s STATE OF CALIFORNIA COUNTY OF MARIN On _&—_R ..� o o a before me, �A,C v c„c�,�. i , a Notary Public in and for said County and State, personally appearedj{r–i] a rL-i .,IF S , (or proven to me on the basis of satisfactory evidence) to be the person whose name(.sTfflaFe subscribed to the within instrument and acknowledged to me that 111` thterexecuted the same in V6 i / beir authorized capacity(ies)"and that by hi�&/tF} signatureCs} on the instrument the person sr, or the entity upon behalf of which the person(Si–acted, executed the instrument. WITNESS my hand and official seal. �I .h A JV a � A A. ♦ A I. /. NANCYEURMAN r 0 COMM. #1249839 d �m NOTARY PUBLIC -CALIFORNIA Q MAR)N COUNTY i My Comm. Expires Feb. 4, 2004 ®IMPLICATE ORIGINAL Job No. 92-114 OBERKAMPER AND ASSOCIATE June 21, 2001 EXHIBIT A All that certain real property situated in the City of San Rafael, County of Marin, State of California, described as follows: An easement for storm drain purposes over a portion of Lot 163 as shown on that certain Map entitled "Map of Baypoint Lagoons, Unit Three B", recorded in Volume 1998 of Maps at Page 99, Marin County Records, more particularly described as follows: Beginning at the most southwesterly corner of said Lot 163; thence along the westerly boundary of said Lot, North 10" 11' 17"East, 28.50 feet; thence leaving said boundary, South6027'467 East, 26.72 feet to a point on the common boundary of Lots 163 and 164 as shown on said map; thence along said common boundary, South79°25'00"West, 8.19 feet to the Point of Beginning. Contains 109 square feet more or less M1 CLIFFORD W. STOCK