HomeMy WebLinkAboutCC Resolution 9306 (Merrydale Overcrossing Project Easement)RESOLUTION NO. 9306
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL ACCEPTING CONVEYANCE OF REAL
PROPERTY FROM VIRGINIA M. O'NEILL AND RICHARD
H. SCETTRINI, FOR THE MERRYDALE OVERCROSSING
PROJECT (PORTION OF APN 180-121-36 AND 37)
WHEREAS, the public interest, convenience, necessity and welfare
require that the real property herein mentioned be accepted and used for the
benefit of the public of the City of San Rafael.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City
of San Rafael does hereby accept that certain grant deed from Virginia M. O'Neill
and Richard H. Scettrini for and on behalf of the City of San Rafael and the real
property described herein, all as more particularly described and set forth in the
attachment hereto and incorporated herein by reference, and the Clerk of said City
is hereby directed to cause said deed 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, hereby
certify that the foregoing resolution was duly and regularly introduced and adopted
at a regular meeting of the Council of said City on Monday, the 21st day of February,
1995, by the following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
DISQUALIFIED: COUNCILMEMBERS: Zappetini (due to Conflict of Interest)
JE �i .��
EM. EONC&I, City Clerk
aRlGl t q,ob
JAN -27-95 FR I 1115 A
RECORDING REQUESTED BY:
FIRST AMERICAN TITLE COMPANY OF
MARIN
AND WI ItN RECORDED MAIL. TO:
The City of San Rafael
P.O. Box 151500
San Rafael, CA 94915
ESCROW NO. 1-147805TK
FAX N0. 4154851037 P,02
KK No Lransfa ax due as fbo City of San
Refac
THIS SPACE FOR RECORDER'S USE ONLY:
GRANT DE15-D
TITLE ORDER NO. 147805
THE UNDERSIGNED GRANTOR(S) DECLARE(s)
DOCUMENTARY TRANSFER TAX is $none
[X] computed on full value of property conveyed, or
[ ] computed on full value less value of liens or encumbrances remaining at time of sale.
[X] Unincorporated area [ ] City of , AND
FOR A VALUABLE CONSIOGRATION, receipt of which Is hereby acknowledged,
VIRGINIA M. O'NEILL, a married woman, as her sole and separate property, and RICHARD H. SCE7TRIN1, a
married man, as his sole and separate property
hereby GRANT(s) to:
THE CITY OF SAN RAFAEL, a municipal corporation
the real property In the City of San Rafael, County of Marin, State of California, described as:
SEE EXHIBITS "S", "C", "D" and "E" ATTACHED HERETO AND MADE A PART HEREOF.
A.P. #180-124-01
DATED January 25, 1995
STATE OF CALIFORNIA
COUNTY OF Matrin
On January 25, 1995
before mo, N. I„Itnn
a Notary Public in and for said State, personally appeared
Vireinia K O'Nr:i.11
personally known to me (or proved to me on the basis of
satisfactory ovidonca) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their slgnature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument,
WITNESS my hand and official seal.
Signature /1). A774 -n-0
Mail tax statements to: The City of San Rafael, , , CA
Vir i M. lei
Cli
-
Lahard n • Slrettrinl ✓ ��
UWjka. N. LATNO
Comm. #SS0747OTARY
PUBLIC . CA1-IFCi9N:.*�MARIN
COUNTY
comm. ExpiresMar. 22, 11,33-4
(this area for official notarial sea])
-1-95 FR I 11:16 A FAX 1-10, 4154851037
'A PORTION OF THOSE LANDS DISTRIBUTED TO EDNA: E:, SILVA, TIELEN SUNS
S CETTRINI , EDWARD -FRANK SCETTRINI AND & nMt -'PETER SCETTRINY BY
THAI' JUi)k,�L _ _ �, • _ D^c -^---- _v n"' Wit$ ESTATE OF VIRGINIA
SCETTRINI RECORDED JUNE 16, 1969 IN LOOK 2304 AT PAGE 432 OF lhl.
OFFICIAL RECORDS OF MARYN COUNTY AND WHICH 7S MORE PARTICUUMY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER of PARCEL D AS SHOWN ON
THAT PARCEL MAP RECORDED JUNE 14, 1982 IN HOOK 20 OF PARCEL XkPS
AT PAGE 51 OF THE RECORDS OF MAP -IN COUNTY, SAID CORNER ALSO BEING
ON THE EASTERLY RIGHT OF WAY OF CIVIC CENTER DRIVE, THENCE
H35'33128"E A DISTANCE OF 33.39 FEET; THENCE 529'12137"E A
DISTANCE OF 211.23 FEET; THENCE ALONG TILE ARC OF A CURVE TO THE
LEFT THE CENTER OF WHICH BEARS H60847123"E A DISTANCE OF 75.00
FEET; THROUGH A CENTRAL ANGLE OF 1.2'4311.0" AN ARC DISTANCE OF
1.6.65 FEET; THENCE 527' 04'•08"E A DISTANCE OF 65.78 FEET; THENCE
578' 29' 20"W A DISTANCE OF 41..52 FEET; THENCE N`27 4 00 08"W A
DISTANCE OF 266.81 FEET TO THE POINT OF BEGINNING.
CONTAINING 9904 SQUARE FEET MORE OR LESS ALL LYING IN THE CITY OF
SAN RAFAEL, 'MARTN COUNTY, CALYFORNIA.
1729-0301--15
02/14/89
ws: Lega1.\1729.8
,,;� %,ANO
00� Top
14
d
�
4398 �
c � Cv
CLELL GOODWIN, LS 4398
EXPIRr'TION DATE: 9/30/89
IVIITI`TT D
ury WILSEY & HAM
>wn. ST W 1035 E. HILLSDALE BLVD.. FOSTER CITY. CALIF. 94404 • 349.2151
:k CG EXHIBIT FOR THE ACQUISITION OF
%°°`°Y` RIGHT OF WAY ALONG
CIVIC CEN i tri DRIVE
DWG. NO
11
SCALE = 30
DATE 2-15-89
BK NO
JAN -27-95 FRI 11 16 A
FAX N0, 4154851 U3 ( r, uw
1 T�.'•T�,,,. ,,.` ..._.,-,�� , ik•'1S
7%7c!"'"-TnrrrED TO EDNA 9 SILVA, HELEN OF ITE
SCETTRINI, EDWARD FRANK SCETTRINI AND RENnx
THAT JUDGEMENT OF FINAL DISTRIBUTION OF THE ESTATE OF VIRGINIA
SCETTRINI RECORDED JUNE 16, 1969 IN BOOK 2304 AT PAGE 432 OF THE
OFFICIAL RECORDS OF MARIN COUN'T'Y AND WHICH IS MORE PARTICUTARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF PARCEL B AS SHOWN Olt
THAT PARCEL MAP RECORDED JUNE 14, 1982 IN BOOK 20 OF PARCEL MAPS
AT PAGE 51 OF THE RECORDS OF MARIN COUNTY, SAID CORNER ALSO BEING
ON THE EASTERLY RIGHT OF WAY OF CIVIC CENTER DRIVE, THENCE
N78'29'20"E A DISTANCE OF 466.12 FEET; THENCE N11630140"W A
DISTANCE OF £16.00 FEET; THENCE S79'29120"W A DISTANCE OF 490.06
FEET; THENCE S27.0410611E A DISTANCE OF 89.27 FEET TO THE POINT OF
nEGINNING.
CONTAINING 0.944 ACRES MORE OR LESS ALL LYING IN THE CITY OF SAN
RAFAEL, HARIN COUNTY, CALIFORNIA.
�oOxosGGO�
` 4298 J*
CLELL GOODWIN, IS 4398
EXPIRATION DATE: 9/30/89
1729-0301-15
02/14/89 EXHIBIT C
ws: Legal\1729.VSI
•m
4
'
0.944 AC
41113 SQ.FT.
Q
PC
Sury I WILSEY & HAM
Own ST W 2035 E. HILLSDALE BLVD., FOSTER CITY. CALIF. 94404 • 349.2151
Ck. CG , EXHIBIT FOR THE ACQUISITION OF
Ap°roved: RIGHT OF WAY ALONG
SCETTRINI DRIVE
DWG. NO
13
SCALE I"=50'
(DATE 2.15-89
1BK NO
JAN -27-95 FRI 11 17 A FAX N0, 4154851037
•.,yam., nr r••_�<-_� - :.,,c rTc�--��s�-rrxn TO rm -E. SILVA, HELEN RUNE
SCETTRINI, EDWARD FRANK SCETTRINI AND EXNRY Pr a: R 7:-,r
THAT JUDGEI-MINT OF FINAL DISTRIBUTION OF THE ESTATE OF VIRGINIA
SCETTRINI RECORDED JUNE 16, 1969 IN tOOX 2304 AT PAGE 432 OF THE
OFFICIAL RECORDS OF MARIN COUNTY AND WHICH IS MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNED OF
PARCEL H AS SHOWN ON
THAT PARCEL MAP RECORDED JUNE 14, 1982 IN
BOOR 20 OF PARCEL MAPS
AT PAGE 51 OF THE RECORDS OF MARIN COUNTY,
SAID CORNER ALSO BEING
ON THE EASTERLY RIGHT OF WAY OF CIVIC
CENTER DRIVE, THENCE
N35'33'28"E A DISTANCE OF 33.39 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING N35'33128"E A
DISTANCE OF 11.65 FEET
TO T= WESTERLY LINE OF PARCEL A OF THE
AFOREMENTIONED PARCEL
MAP; THENCE ALONG SAID LINE S27.04108"E
A DISTANCE OF 232.34
FEET; THENCE LEAVING SAID LINE ALONG THE
ARC OF A CURVE TO THE
RIGHT, T= CENTER OF k'iiICH BEARS N48.0411311E
A DISTANCE OF 75.00
FEET, THROUGH A CENTRAL ANGLE OF 12.43110"
AN ARC DISTANCE OF
16.65 FEET; THENCE N29 .12' 37"W A DISTANCE
OF 211.23 FEET TO THE
TRUE POINT OF BEGINNING_
CONTAINING 1404 SQUARE FEET MORE OR LESS ALL LYING IN THE CITY OF
SAN RAFAEL, MARIN COUNTY, CALIFORNIA.
1729-0301-15
02/14/x9
Q ',AFib s�
%0 G��O o
il
4398 )�
CLELL GOODWIN, LS 4398
EXPIRATION DATE: 9/30/89
EXHIBIT D
w -
Sury WILSEY & HAM
Dwn STW II 1035 E. HILLSDALE BLVD., FOSTER CITY, CALIF. 94404 a 349.2151
Ck. CG I EXHBIT FOR THE ACQUISITION OF
Approved: TEMP CONSTRUCTION EASEMENT
ALONG CIVIC CENTER DRIVE
DWG NO
15
(scALE I'= 30'
DATE 2'I5-89
BK N0
AN -27-95 FRI 11:17 A FAX NO, 41548510 7
EXHIBIT "E"
[RESERVATION OF RIGHTS]
THERE IS RESERVED UNTO THE GRANTOR THE FOLLOWING RIGHTS AS
PROVIDED IN THE FOLLOWING EASEMENTS, INCLUDING BUT NOT LIMITED TO
SUCH REVERSIONARY OR REMAINDER RIGHTS APPLICABLE THERETO, WHICH ARE
NOT, AS TO THE GRANTEE, INCONSISTENT WITH THE GRANT MADE HEREUNDER.
1. RIGHTS OF CONTINUED USE, AND/OR REVERSION, IF ANY,
DERIVATIVE OF THAT CERTAIN DEED RECORDED NOVEMBER 29, 1956 IN BOOK
1076 OF OFFICIAL RECORDS, AT PAGE 227, MARIN COUNTY RECORDS,
INCLUDING SUCH RIGHTS AS MIGHT HAVE ARISEN OR BE DERIVATIVE FROM
ANY SUBSEQUENT RELEASE AND/OR RELINQUISHMENT OF ACCESS AND
ABUTTER'S RIGHTS AS MORE PARTICULARLY DESCRIBED THEREIN;
2. ALL RIGHTS REMAINING AND/OR DERIVATIVE OF THAT CERTAIN
EASEMENT THE SUBJECT OF A CONVEYANCE BY AND BETWEEN II. SCETTRINI,
ET UX, TO PACIFIC GAS & ELECTRIC COMPANY, AS EVIDENCED BY
INSTRUMENT RECORDED JANUARY 16, 1958 IN BOOR 1166 OF OFFICIAL.
RECORDS AT PAGE 24, MARIN COUNTY RECORDS;
3. ALL RIGHTS REMAINING AND/OR DERIVATIVE AND REMAINING
RELATIVE TO THAT CERTAIN DEED FROM EDNA E. SILVA, ET AL, TO
AMERICAIW PACIFIC LIFE INSURANCE COMPANY OF CALIFORNIA AS EVIDENCED
BY INSTRUMENT RECORDED MARCH 19, 1970 IN BOOR 2361 OF OFFICIAL
RECORDS AT PAGE 585, MARIN COUNTY RECORDS.
4. ALL RIGHTS REMAINING AND/OR DERIVATIVE, THE SUBJECT OF
THAT CERTAIN AGREEMENT BY AND BETWEEN HENRY PETER SCETTRINI, JR.,
ET AL. AND AMERICAN PACIFIC LIFE INSURANCE COMPANY OF CALIFORNIA
AS EVIDENCED BY THAT CERTAIN DOCUMENT RECORDED SEPTEMBER 14, 1970
IN BOOR 2401 OF OFFICIAL RECORDS AT PAGE 618, MARIN COUNTY RECORDS;
S. ALT, RIGHTS, IF ANY, REMAINING AND/OR DERIVATIVE OF THAT
CERTAIN PUBLIC UTILITY EASEHENT, AS EFFECTS PARCEL TWO, AS SHOWN
UPON THAT CERTAIN MAP FILED (10-M-85) REFERRED TO IN SAID PARCEL
TWO THEREON;
6. ALL RIGHTS REMAINING AND/OR DERIVATIVE OF THAT CERTAIN
EASEMENT, AS EVIDENCED BY THAT CERTAIN INSTRUMENT CONVEYED BY EDNA
E. SILVA, ET AL. TO LAS .GALLINAS VALLEY SANITARY DISTRICT BY
INSTRUMENT RECORDED DECEMBER 23, 1988, RECORDER'S SERIAL NO.
88-73398, MARIN COUNTY RECORDS;
7. ALL RIGHTS DERIVATIVE OF OR REMAINING WITH RESPECT TO THAT
CERTAIN EASEMENT CONVEYED BY EDNA E. SILVA, ET AL. TO MUIR VALLEY
LAND COMPANY, BY INSTRUMENT RECORDED OCTOBER 11, 1989 AS RECORDER'S
SERIAL NO. 89-59520, MARIN COUNTY RECORDS.
8. RIGHTS OF ACCESS, INGRESS AND EGRESS TO THE GRANTORS'
REMAINING PROPERTIES INCLUDING ASSESSOR'S PARCEL NOS. 180-124-01
AND -02; AND ASSESSOR'S PARCEL NO. 155-092-09.
END OF RESERVATION
jv