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Home My WebLink AboutCC Resolution 9111 (Water Pipeline Easement)RESOLUTION NO. 91 1 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF GRANT OF WATER PIPELINE EASEMENT ACROSS SPRING GROVE OPEN SPACE TO THE MARIN MUNICIPAL WATER DISTRICT WHEREAS, the public interest, convenience, necessity and welfare require that the easement hereinafter mentioned be conveyed to the Marin Municipal Water District for a water pipeline. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of San Rafael, California, that the Mayor and City Clerk are authorized to execute that certain grant of water pipeline easement to the Marin Municipal Water District and the City 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, 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 7th day of March, 1994, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & NOES: COUNCILMEMBERS: None Mayor Boro ABSENT: COUNCILMEMBERS: None JEAN&E-7M. LEONCINI, City Clerk ORIGIN AI 7.911 When recorded, please return to: Marin Municipal Water District 220 Nellen Avenue P.O. Box 994 Corte Madera, CA 94976-0994 APN 12-081-46 GRANT OF EASEMENT DEED THIS DEED, made and entered into this 7th day of MARCH , 1994, by and between the CITY OF SAN RAFAEL, hereinafter called "Grantor" and MARIN MUNICIPAL WATER DISTRICT, a public corporation, hereinafter called "District," WITNESSETH: That for a good and valuable consideration, receipt of which is hereby acknowledged, Grantor does by these presents, grant, bargain, sell and convey to the District, it successors and assigns, the following non-exclusive easement. All that certain real property situated in the City of San Rafael, County of Marin, State of California, described as follows: Lying within the Spring Grove Open Space as recorded in that Document No. 93- 015512, Parcel Three, and shown on that map filed in Book 19 of Record Maps at Page 13, Marin County Records, more particularly described as follows: Being a 15' wide easement for pipeline or pipelines and access purposes bounded by the following described sidelines: Commencing at a found 6" x 6" concrete monument tagged R.E. 3230, marking the southwest corner of Lot 19 of that map filed in Book 4 of Record Maps at Page 46, from which point a 1/2 iron pipe tagged R.E. 3230 bears S 80 52'E 126 feet, said concrete monument marking an angle point in the northeasterly line of Spring Grove Open Space, thence along said line N 23`-47'W 117.49 feet to the true point of beginning; thence continuing on said line N 23"47'W 25.51 feet to the -1- southwest corner of Lot 32 of said map; thence leaving said line S 12'14'W 40.50 feet; thence S 7046'E. 28.50 feet; thence S 15044'W 71.00 feet; thence S 8°46'E 55.00 feet; thence S 14`14'W 103.00 feet to an existing fire road cut; thence S 33°14'W 14.50 feet to the toe of said cut; thence S 52'59'28"E 15.03 feet; thence N 33°14'E 18.00 feet; thence leaving said fire road N 14`'14'E 108.56 feet; thence N 8°46' W 54.79 feet; thence N 15°44'E 70.86 feet; thence N 7"46'W 28.98 feet; thence N 12-14'E 17.22 feet to the true point of beginning. Containing 4582 S.F., more or less. Said easement is granted and shall be held for and subject to the following terms and conditions. District shall have, and is hereby granted the right to lay, maintain, repair, remove, replace and operate a pipeline or pipelines of such dimension or dimensions as District may elect to install therein together with the right to construct and maintain such meters, valves and other facilities as may be necessary or convenient in connection with the storage, transmission and delivery of water, together with and including reasonable ingress and egress over adjoining lands for the construction, repair and maintenance of such pipeline and facilities. Grantor reserves and shall have the right to revise the grade of the surface or location of such easement provided and only if and when Grantor shall first pay to District the full expense of changing the grade or location of the pipeline and other installations of District herein. In the event of any such change in grade, District will determine if such grade change necessitates the raising or lowering of the pipeline or other installation, and its finding thereon and on expense thereof shall be final. In the event a change in location is desired, Grantor will first deed to District a suitable new easement acceptable to District and covering such change. The easement granted herein shall be and is non-exclusive, and the right is hereby reserved by Grantor to use said easement for any and all purposes which will not interfere with or jeopardize the use of the easement for the said purposes of District; provided, however, that no structures, fill, or other improvements shall be placed on or over such easement which will interfere with or impede the free access of District for use, repair, replacement or maintenance of the installations therein. Grantor further grants to the Marin Municipal Water District the right to assign to another public utility as defined in Section 216 of the California Public Utilities Code the right to install, inspect, maintain, replace, remove and use its facilities within said strip or route (including ingress and egress therefrom). It is expressly agreed that the District shall be under no obligation to install or maintain a roadway or pavement or other surfacing upon the easement except such as it may find to be convenient for its own purposes, and specifically District shall not be liable for any contribution under the provisions of California Civil Code Section 845. -2- Should there be any variations, errors or omissions in the description herein, it is the intention of the Grantor to convey to District a easement over the pipeline and other installations as laid and located. Bearings are based on 19 RM 13. IN WITNESS WHEREOF, Grantor has executed these presents the day and year first above written. APPROVED AS TO FORM AND CONTENT Suzan ,D. Hatfield, G,&eral'"Counsel State of California ) County of Marin ) THE CITY OF SAN RAFAEL BY: 1yo LB R B R , Mdr BY: NE M. LEON�INICityClerk On March 11, 1994 before me, JEANNE M. LEONCINI, a Notary Public in and for said County and State, personally appeared Albert J. Boro. Mavor of the Citv of San Rafael, personally known to me (er preved te a on the !:r-rn;G of n:tiicf__terl _ idenee) to be the persons) 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 (I -es) , and that by his/her;thei signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. ^ JEANNE M. LEONCINI COMAA. Ji952:.`90 JEAN M . 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