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
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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
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(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
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COMM. #1249839
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NOTARY PUBLIC -CALIFORNIA
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MAR)N COUNTY
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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