HomeMy WebLinkAboutCC Resolution 10716 (14 Willlow Easement)RESOLUTION NO. 10716 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING A GRANT OF AN EASEMENT FROM JOHN B. ARRUDA AND IDA ARRUDA, FOR THE CONSTRUCTION AND MAINTENANCE OF STORM DRAIN FACILITES AT 14 WILLOW A & B, SAN RAFAEL AND AUTHORIZING THE MAYOR TO EXECUTE THE CERTIFICATE OF ACCEPTANCE 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 ORDERED AND RESOLVED THAT the City Council accept for the City of San Rafael the Grant of Easement for construction and maintenance of storm drainage facilities from John B. Arruda and Ida Arruda, over a certain portion of their property located at 14 Willow A& B in the City of San Rafael; and IT IS FURTHER ORDERED AND RESOLVED that the MAYOR and the CITY CLERK are hereby authorized to execute, on behalf of the City of San Rafael, a Certificate of Acceptance of a Grant of Easement for the Construction and Maintenance of Storm Drainage Facilities, from John B. Arruda and Ida Arruda, property owners of 14 Willow A & B in the City of San Rafael, County of Marin, State of California. Copies of the "Certificate of Acceptance" and the "Grant of Easement for Construction and Maintenance of Storm Drain", are attached hereto and by this reference made a part hereof. I, JEANNE M. LEONCM, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the second day of October, 2000, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCIL,MEMBERS: None ABSENT: COUNCILMEMBERS: None JEAWNE M. LEONCiM, City Clerk <3,; ,D RECORDING REQUESTED, AND WHEN RECORDED RETURN TO: JEANNE M. LEONCINI, City Clerk City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 CERTIFICATE OF ACCEPTANCE The City of San Rafael hereby accepts the attached Grant of Easement for Construction and Maintenance of Storm Drain from John B. Arruda and Ida Arruda, owners of property at 14 Willow A & B, San Rafael, Marin County, California. A copy of the easement is attached hereto and incorporated herein. Resolution No. 10716, authorizing the Mayor and City - Clerk to execute this Certificate of Acceptance, was adopted by the City Council on Monday, October 2, 2000. CITY OF SAN RAFAEL DATED: / a f 4l Q o BR,KMayor ATTEST: JEAMN M. LEONCINI, City Clerk � tr CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Marin ss. On Oct. 4, 2000 _ before me, Nancy Eurman, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Albert J. Boro Name(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(* -whose name(%)00- subscribed to the wit instrument and acknowledged to me thamshe/tt)y executed the same inhi � hpv/ttg�ir authorized capacity(ioW, and that by S�/hAr/their signature() -on the instrument the person(*, or the entity upon behalf of which the person(!; ., acted, executed the instrument. WITNESS rry hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description cement: Ce tificate of Acceptance re 14 Willow A&B; Title or Type of Document: _ APN: 12-157-16 Document Date: - Number of Pages: Fi ve Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name: Albert J. Boro ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 91 Other: Mayor (To -be attested by Jeanne M. Leoncini, City Clerk) Signer Is Representing: City of San Rafael Top of thumb here ©1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 ^NANCY EURMAN COMM. #1248639 1.D NOTARY PUBLIC -CALIFORNIA 0 Q r, MARINCOUNTY My Comm. Explivs Feb. 4, 2004 Name(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(* -whose name(%)00- subscribed to the wit instrument and acknowledged to me thamshe/tt)y executed the same inhi � hpv/ttg�ir authorized capacity(ioW, and that by S�/hAr/their signature() -on the instrument the person(*, or the entity upon behalf of which the person(!; ., acted, executed the instrument. WITNESS rry hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description cement: Ce tificate of Acceptance re 14 Willow A&B; Title or Type of Document: _ APN: 12-157-16 Document Date: - Number of Pages: Fi ve Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name: Albert J. Boro ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 91 Other: Mayor (To -be attested by Jeanne M. Leoncini, City Clerk) Signer Is Representing: City of San Rafael Top of thumb here ©1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 When recorded mail to: City of San Rafael Department of Public Works 1400 Fifth Avenue P. O. Box 151560 San Rafael, CA 94915-1560 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF STORM DRAIN (14 Willow A & B, APN: 12-157-16) Tohn B. Arruda & Ida Arruda, husband and wife (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 a five foot wide 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: Beginning at a point on the Easterly line of Willow Street, said point being the Northwest comer of Lot 36 of Gordon's Tract of Short's Addition to the town of San Rafael; running thence along the Easterly line of said street South 6' 30' West 5 feet; thence leaving said street and running perpendicular to said street South 831 30' East 57.2 feet more or less to the exterior boundary line of the Rancho Punto de Quantin, thence North 32130' West 6.5 feet more or less along said boundary to the Northeast comer of aforementioned Lot 36; thence North 83'30' West 53 feet more or less along the northerly line of said lot to the point of beginning. See plat map shown as 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. 0 5, A. P. No. 12-157-19 6 z A. P. No. Elford 5treet 12-157-17 1 Point of Bc,3innin,3 40, 2" L, 5 w O b�nl 53 C o to 1 — 5 .2' Ott - 5 83030, E A. P. No. 12-157-1 G Lot 3G -Gordon's Tract, Short's Addition 4-� A. P. No. 12-157-15 CM in LO Lr) ' ( 1 N 1 N 7 7 (IJ 6 6 6 z z z z 'i 0 Z 7 Taylor Street Flat ma? +- for ,rant of 51 a5em " lance, 01 and 1parc'eli Construction 0� P,55,555or Over f>ov -tiorl ' Storm Drain 12-157-16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Marin ss. On Sept. 26, 2000 before me, Nancy Eurman, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Ida Celia Arruda � - - - - - - - - - - NANCY EURMAN COMM. #12486,39 > NOTARY PUBLIC -CALIFORNIA I MARIN COUNTY 0 My Comm. Expires Feb. 4, 2004 Name(s) of Signer(s) personally known to me 0 proved to me on the basis of satisfactory evidence to be the person( whose name¢,)�arq subscribed to the within instrument and acknowledged to me that fte/69/thay executed the same in It%/49th6ir authorized Capacity(iO4 and that by It/d9/their signature(Q-on the instrument the person(s), or the entity upon behalf of which the person* acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above f Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Grant of Easement for Construction and Maintenance of storm drain (14 Willow, A & B; APN 12-15/-16) Document Date: n/a Number of Pages: One Signer(s) Other Than Named Above-, John Botelho Arruda Capacity(les) Claimed b Signer Ma Arruda Signer's Name: Ida Ce , H 0 Individual W - W & 01 Top of thumb here 0 Corporate Officer — Title(s): El Partner — F1 Limited 0 General El Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: tw i= Nationai rqolary association - 93bU Ue Soto Ave., P.O. Box 2402 - Chatsworth, CA 911313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876.6827