HomeMy WebLinkAboutCC Resolution 9643 (50 Grove St Easements)RESOLUTION NO. 9 6 4 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING EXECUTION OF AGREEMENT TO
GRANT EASEMENTS AND QUITCLAIM CERTAIN RIGHTS (50
GROVE STREET).
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, The City of San Rafael and Marin County Open Space
District have determined the need to resolve encroachments on land owned jointly by the
City and District; and
WHEREAS, it has been determined that certain encroachments consisting
of an orchard, a driveway, a retaining wall, and part of a garage preexisted ownership by
City and District of its land commonly referred to as APN 12-251-08; and
WHEREAS, the encroached property has never been used for open space
purposes nor has it been dedicated as such under the Public Resources Code; and
WHEREAS, the owners, the City and the District have agreed to resolve
the encroachments by entering into an Agreement to Grant Easements and Quitclaim
Certain Rights and said Agreement is beneficial to the needs of the City of San Rafael;
and
WHEREAS, City staff has recommended the Agreement to be entered into
as being beneficial to the management of the remainder property by the City.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Vice
San Rafael that the/Mayor is hereby authorized to enter into and execute said Agreement
on behalf of the City of San Rafael.
I, JEANNE M. LEONCINI, 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 Council of said City on the 15`h day of July, 1996, by the following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Miller, Phillips & vice -Mayor Cohen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
JEANAt M. LEON , City Clerk
�R�Gi�Al a
e�'
Recording Requested By And
When Recorded Return To:
Robert J. Begley
Attorney at Law
271 Miller Avenue
Mill Valley, CA 94941
AP #s 12-221-10,12-221-11, 12-251-08
96-039693
i t-l� STAMP CONFIRPIS
�cbJRDING DATA ONLY
JUL 23 14. fi
SPACE ABOVE THIS LINE FOR RECORDER'S USE
AGREEMENT TO GRANT EASEMENTS
AND QUITCLAIM CERTAIN RIGHTS
This DECLARATION OF AGREEMENT INCLUDING GRANT OF EASEMENTS
(called "Agreement" herein) is entered into by and among MARIN COUNTY OPEN SPACE
DISTRICT (called the "District" herein), the CITY OF SAN RAFAEL (called the "City")
and JAMES F. DOWLING and JUDITH A. DOWLING (called the "Dowlings" herein) with
reference to the following facts:
A. The Dowlings are the record title holders of Marin County Assessor's
Parcel Numbers 12-221-10 and 12-221-11 (called "The Dowlings' Parcel").
B. The City and the District are the record title holder of Marin County
Assessor's Parcel Number 12-251-08 (called "the Open Space Parcel"). Located within the
Open Space Parcel, approximately 12.2 feet from the southern boundary of the Dowlings'
Parcel, is a retaining wall (called the "Retaining Wall").
C. Prior to the acquisition of the Open Space Parcel by the City and the
District, while the Open Space Parcel was still owned by a private individual, the Dowlings'
predecessor in interest acquired certain prescriptive rights in and to a portion of the Open
Space Parcel near the boundary between the two parcels.
D. In April of 1995, the Dowlings and their predecessor in interest presented
evidence of their prescriptive interest in and to the Open Space Parcel, which evidence has
been carefully examined and considered by legal counsel for both the City and the District.
E. The City and District agree to grant easements over their land to the
Dowlings to resolve the Dowling's encroachments and prescriptive rights referenced herein,
and in consideration therefore the Dowlings agree to quitclaim all their right, title and
interest to the underlying fee ownership to the City and District lands referenced herein.
F. The parties desire by this Agreement to clarify and formalize the exact
extent of the Dowlings' interest in the Open Space Parcel, and to set forth certain obligations
COPY
EASEMENT AGREEMENT PAGE 1
of the Dowlings with respect to their interest in the Open Space Parcel and the improvements
thereon, all as more fully set forth below.
THEREFORE, in consideration of their mutual covenants and agreements, the parties
agree as follows:
1. Building, Driveway and Retaining Wall Easement: The City and the District
hereby quitclaim to the Dowlings a permanent exclusive easement for ingress and egress, and
for maintenance and use of existing improvements over all of that certain real property more
specifically described as follows:
Beginning at the southeasterly corner of Parcel B, as shown on that certain
Survey as filed for record April 23, 1971, in Volume 10 of Official Surveys,
at page 29, Marin County Records, thence along the southerly property line of
said Parcel B, N 83'15'01" W, 74.62 feet (Record N 83' 15' West); thence
leaving said property line S 44°41'27" E, 22.46 feet; thence parallel with the
southerly property line of Parcel B, S 833* 15'01" E, 57.06 feet (Record S 83'
15" E) to a point on the westerly right-of-way line of Grove Street; thence N
06°45'00" E, 14.0 feet to the point of beginning.
2. Orchard Area Easement: The City and the District hereby quitclaim to the
Dowlings a permanent easement for landscaping and for maintenance and use of existing
improvements, to wit, fencing and irrigation system, over all of that certain real property
more specifically described as follows:
Beginning at the westerly terminus of the southerly line of Parcel B, as shown
on that certain Survey as filed for record April 23, 1971, in Volume 10 of
Official Surveys, at page 29, Marin County Records, thence along the westerly
property line of said Parcel B, N 06°45'00" E, 100.00 feet; thence N 83'14'58"
W, 31.00 feet (Record N 83 ° 15' W); thence leaving said property line S
08039'25" W, 41.37 feet; thence S 07°23'47" W, 56.93 feet; thence S
80° 15'56" E, 33.06 feet to the point of the beginning.
3. Release and Hold Harmless: The Dowlings hereby, on behalf of themselves and
their heirs, successors and assigns, release the City and the District of and from any and all
liability which may arise in the future fi-om acts, omissions or circumstances which occur on
the parcels described in Paragraphs 1 and 2 above and agree to indemnify and hold the City
and the District harmless from any third party claims for any injuries or property damage
arising out of or connected to the said described parcels.
4. Dowlings' Ouitclaim: Save and except for the easements granted herein, the
Dowlings hereby quitclaim to the City and the District all of their right, title and interest in
the underlying fee title to that certain real property referred to above as "the Open Space
Parcel" acquired by the City in deed recorded November- 17, 1976, in Book 3114 at Page 588
EASEMENT AGREEMENT PAGE 2
Marin County Records and subsequent rerecordings; and by deed to the District recorded
April 21, 1978, in Book 3362 at Page 119 Marin County Records.
5. Maintenance of Retaining Wall: The owners of the Dowlings' Parcel shall have
the obligation, in perpetuity, to maintain in good and safe condition and repair, the Retaining
Wall. The Dowlings hereby, on behalf of themselves and their heirs, successors and assigns,
release the City and the District of and from any and all liability which may arise in the
future from the failure of the Retaining Wall, and agree to indemnify and hold the City and
the District harmless therefrom. The owners of the Dowlings' Parcel shall further have the
obligation, in perpetuity, to reimburse the City and/or the District for any expense incurred
to remedy any damage to the Open Space Parcel as the result of any failure of the Retaining
Wall.
6. Sole and Only Agreement: This Agreement, including the Exhibits, constitutes the
entire agreement between the parties and there are no representations, warranties or
commitments except as set forth herein. This Agreement supersedes all prior and
contemporaneous agreements, understandings, negotiations and discussions, whether written
or oral, of the parties hereto, relating to the transactions contemplated by this Agreement.
No reliance upon or waiver of one or more provisions of this Agreement shall constitute a
waiver of any other provision hereof. Nothing in this Agreement is intended or shall be
construed to confer upon or to give any person other than the parties hereto, and their
successors and assigns, any rights or remedies under- or by reason of this Agreement. This
Agreement may be executed in any number of counterparts, each of which shall be deemed
an original and said counterparts shall together constitute one and the same Agreement,
notwithstanding that all of the parties are not signatory to the original or same counterpart.
For all purposes, including, without limitation, recordation, filing and delivery of this
Agreement, duplicate unexecuted and unacknowledged pages of the counterparts may be
discarded and the remaining pages assembled as one document. The enumeration and
headings of the paragraphs of this Agreement are merely for convenience of reference and
do not constitute representations or warranties, do not impose any obligations whatever and
have no substantive significance. This Agreement shall be construed and enforced in
accordance with the laws of the State of California. Proper venue for the resolution of any
dispute arising hereunder- shall be the Superior Court of the County of Marin, State of
California.
7. Amendments: This Agreement cannot be changed, modified, or amended in any
way, except by an instrument in writing signed by all the parties. Except as expressly
provided herein, this Agreement shall have no effect upon any recorded easement or other
document of title to any real property.
8. Binding on Heirs and Assigns: This Agreement shall be binding upon and inure
to the benefit of the successors, heirs, assigns, and personal representatives of the parties.
EASEMENT AGREEMENT PAGE 3
9. Attorneys Fees for Enforcement: In the event that it is necessary to employ coun-
sel to enforce any of the terms of this Agreement, the prevailing party shall be entitled to
recover from the losing party all costs of suit, including reasonable attorneys fees.
Executed this/ 7Vday of
James F. Dowling
THE CITY OF SAN RAFAEL
Paul M. Cohen, Vice -Mayor
Attest:
Jeai�e M. Leoncini, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF MARIN )
1996, at Marin County, California.
Judith A. Dowling
MARIN COUNTY OPEN SPACE
DISTRICT
rj:�, Board irectors
Attest:
Secretary `
On / % k.� " *' ( , 1996, before me, the undersigned, a Notary Public in and
for said State, personally appeared James F. Dowling, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument, and acknowledged to me that he executed the salve in his authorized
capacity, and that by his signature on the instrument, the person, or the entity upon behalf
of which the person acted, executed the instrument.
WITNESS my hand and official seal.
KAREN K EOWb� vv
Cam /1083875
ROTARY M� aCA"10 A
1 y V My Comm. Ema Nb. 5.2000
�0. "r ,,
Notary Public
EASEMENT AGREEMENT PAGE 4
STATE OF CALIFORNIA )
) SS.
COUNTY OF MARIN )
On 111--t 'JC' , 1996, before me, the undersigned, a Notary Public in and
for said State, personally appeared Judith A. Dowling, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument, and acknowledged to me that she executed the same in her authorized
capacity, and that by her signature on the instrument, the person, or the entity upon behalf
of which the person acted, executed the instrument.
WITNESS my hand and official seal.
¢ KAREN K. MAE
Carrrt� f 083875 S
NOTARY PUBLIC1- CALIFORNIA `
1 M' comm �xa..sc0 �eV 5.2000
STATE OF CALIFORNIA )
) SS.
COUNTY OF MARIN )
Notary Public
On 1996, before me, a Notary Public in and for said State,
personally appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument, and acknowledged to me that he/she executed the same
in his/her authorized capacity, and that by his/her signature on the instrument, the person,
or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
EASEMENT AGREEMENT PAGE 5
STATE OF CALIFORNIA )
ss.
COUNTY OF MARIN )
On June 6, 1996, before me, the undersigned Notary Public, personally appeared
HAROLD C. BROWN, JR., personally known to me, or proved to me on the basis of
satisfactory evidence, to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
"• • ' JENNIFER WALTER
COMM. # 980282 z
e Notary Public — California n
t; b; SONOMA COUNTY
MV Comm. Expires JAN 22. 1997
}�^.'Y'•.1er.,'V• .,y ..�y. ...y.",V•'Y Wo,,y W' :y.,,�y `t
NOTARY PUBLIC in and for said
County and tate
STATE OF CALIFORNIA )
) SS.
COUNTY OF MARIN )
On %Li 1,'-r I -2 , 1996, before me, a Notary Public in and for said State,
personally appeared PA Lf L .M . G o N ( n/ , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument, and acknowledged to me that he/sxecuted the same
in his/her -authorized capacity, and that by his/het-signature on the instrument, the person,
or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
r NANCY EURMAN D
d .�� W -
EASEMENT AGREEMENT COMM. 81066576
NOTARY PUBLIC -CALIFORNIA 0
♦ ,. MAHIN COUNTY
1 My Comm.
L11,'4, -11
Notary Public
PAGE 6
Expires Feb. 4, 2000
L11,'4, -11
Notary Public
PAGE 6
BOARD OF DIRECTORS
MARIN COUNTY OPEN SPACE DISTRICT
RESOLUTION NO. 96-06
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT TO
GRANT EASEMENTS AND QUITCLAIM
WHEREAS, MARIN COUNTY OPEN SPACE DISTRICT AND
THE CITY OF SAN RAFAEL have determined the need to resolve encroachments on
land owned jointly by City and District; and
WHEREAS, it has been determined that certain encroachments consisting of
an orchard, a driveway, a retaining wall, and part of a garage preexisted ownership by City
and District of its land commonly referred to as APN 12-251-08; and
WHEREAS, the encroached property has never been used for open space
purposes nor has it been dedicated as such under the Public Resources Code; and
WHEREAS, the owners, the City and the District have agreed to resolve the
encroachments by entering into an Agreement to Grant Easements and Quitclaim Certain
Rights and said Agreement is beneficial to the needs of the MARIN COUNTY OPEN
SPACE DISTRICT; and
WHEREAS, District staff has recommended the Agreement to be entered into
as being beneficial to the management of the remainder property by the District; and
NOW, THEREFORE, BE IT RESOLVED that the President of this
Board of Directors is hereby authorized to enter into and execute said Agreement on behalf
of the MARIN COUNTY OPEN SPACE DISTRICT.
PASSED AND ADOPTED at a regular meeting of the Board of Directors of
the Marin County Open Space District this 4thday of June 1996, by the
following vote:
AYES: DIRECTORS Harry J. Moore, Annette Rose, John B. Kress, Harold C. Brown, Jr.
NOES: DIRECTORS None
ABSENT: DIRECTORS Gary Giacomini
ATTEST:
SECRETARY
ffiPREMD /NT, Bo q i'lectors