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HomeMy WebLinkAboutCC Resolution 11021 (Baypoint Lagoons Unit 3B Easement)RESOLUTION NO. 11021 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF STORM DRAIN FROM ROBERT F. RODEN AND ASHLEY C. RODEN. BAYPOINT LAGOONS UNIT 3B APN: 09-420-59 WHEREAS, the improvements for the subdivision entitled, "Map of Baypoint Lagoons Unit 3B", 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 Robert F. Roden and Ashley C. Roden; and WHEREAS, Robert F. Roden and Ashley C. Roden have 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 Robert F. Roden and Ashley C. Roden, to the City of San Rafael, dated February 16, 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: COUNCELMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen JEANNE M. LEONCINI, City Clerk i 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 Manin JpAN C. THAYER 20q d�B65 3/13/2002 10:44as r 00 TOTAL .00 NO FEE ri,TPAY PU°LIGCALIFOFtNIq 6,AR n COUNTY 0 TOTAL Ti .00 v — .- — .00 10:4541 13-01 200 ar2002 20313000076 61 ASSEERH53P711 NOTE:CERTIFIED COPY OF RESOLUTION #11021, ADO'TED BY SAN RAFAEL CITY COUNCIL 3/4/02, ATTACHED) SPACE ABOVE THIS LINE FOR RECORDER'S USE MARIN COUNTY GRANT OF EASEMENT FOR CONSTRUCTION RECORD—ER AND MAINTENANCE OF STORM DRAIN 45 Eqret View (APN: 009-420-59) MAR 1.3 2002 Robert F. Roden & Ashlev C. Roden (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 provisions hereof shall inure to the benefit of and bind the heirs, successors, and assigns of the respective parties hereto. IN WITNESS WHEREOF, Grantor has executed these presents, this _L(a_ day of 200?i Robert F. Roden ke4l,4, Ashley C. Roden STATE OF CALIFORNIA COUNTYI OF MARIN ) On �I`6 10— before me, ���` �� «� a Notary Public in and for said County and State, personally appeared Robert F. Roden and Ashlev C. Roden , personally known to me (or proven to me on the basis of satisfactory evidence) to be the person whose name(s) as/are subscribed to the within instrument and acknowledged to me that+e{she/they executed the same in �s)Asdtheir authorized capacity(ies), and that by */their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) cted, executed the instrument. WITNESS my hand and official seal. ®UPLICATn ORIGINAL r GABRIEL GREECE D p COMM x1216705 d -m :el ri,TPAY PU°LIGCALIFOFtNIq 6,AR n COUNTY 0 v — .- — My comm. Expires Aprll 27 20G3 '1 - — — - — - .. 1. Job No. 92-114 OBERKAU PER AND ASSOCIATES June 21, 2001 4 91 11 IM d ; 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 164 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 westerly corner of said Lot 164, also being the southeasterly corner of Parcel H as shown on said Map; thence along the common boundary of said Lot 164 and Parcel H, North 100 16'1 O'Tast, 1.72 feet; thence leaving said common boundary and continuing along the boundary of said Lot 164, North79025100"East, 8.19 feet; thence leaving said boundary, South 6°27'46'T-ast, 10.57 feet to a point on the northerly boundary of Egretview Street as shown on said map; thence along the said northerly boundary, northwesterly along a non -tangent curve to the left whose center bears South45006'08"West, having a radius of 45.00 feet, through a central angle of 15°20'53", an arc length of 12.05 feet to the Point of Beginning. Contains 49 square feet more or less CLIFFORD W. STOCK