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HomeMy WebLinkAboutCC Resolution 9079 (Storm Drain Easement)RESOLUTION NO. 9079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF STORM DRAIN - ROLAND JOHNSON AND DORA JOHNSON (AP#16-121-10) WHEREAS, on November 1, 1993, the City Council, by Resolution No. 9048, accepted a Grant of Easement from Roland and Dora Johnson for maintenance of a storm drain; and WHEREAS, subsequent to the Council's acceptance, a clerical error was discovered in the conveyance; and WHEREAS, a corrected Grant of Easement has been prepared and executed by Roland and Dora Johnson: and WHEREAS, the public interest, convenience, necessity and welfare require that the real property hereinafter mentioned be accepted and used for the benefit of the public of the City of San Rafael, California. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Rafael, California, does hereby accept that certain Grant of Easement from Roland and Dora Johnson, dated December 29, 1993, for and on behalf of the City of San Rafael and the real property described therein, 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 Tuesday, the 18th day of January, 1994, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE k -W. LEONCINI, City Clerk ORIGINAL *9a79 GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF STORM DRAIN A.P. No. 16-121-10 ROLAND JOHNSON AND DORA JOHNSON, 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 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 in- gress 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 Description Attached, Hereto and Made a Part Hereof 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 exec day of Z)e Ccw,.4::1zQ , 19q-� •�� %i 7k I STATE OF CALIFORNIA Uj COUNTY OF Marin } S.S. W cs 0 on December 29, 1993 before me, Y S. Darrington U oa Notary Public in and for said County and State, personally appeared W Roland Johnson and Dora Johnson personally known to me (or proved to me on the basis of satisfactory Wevidence) 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 signature(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 P M N ' n �I Signature/r�A- F 2492 is-s,l Darrington ed these presents, this FOR NOTARY SEAL OR STAMP +' S. DARRINGTON D n0 "' yam" COMM. #997878 LL NOTARY PUBLIC -CALIFORNIA O MARIN COUNTY Mr Comm. Expires June 2o, f n? DESCRIPTION 10' WIDE STORM DRAIN EASEMENT AP T16 -I21 -1D Real property situatein the City of San Rafael, County of Marin, State of California described as follows: A strip of land 10 feet in width lying 5 feet on each side of the following described center line. Beginning at the southwesterly corner of the lands of Johnson as described by deed recorded in Book 1822 of Official Records at Page 152, Marin County {Records, said corner being a point in the Northerly line of Manderly Road distant thereon North 50037' East 25.00 feet and thence on a curve to the right whuse center bears South 39°23' East and whose radius is 260.0 feet, a distance of 65.584 feet from the most Southerly corner of Lot 68 as said Road and Lot are shown on that certain Map entitled, "MAP OF LOCH LOMOND, UNIT ONE, SAN RAFAEL, CALIFORNIA," recorded January 11, 1954 in Book 7 of Maps at page 97, Marin County Records; thence along the westerly line of said lands of Johnson North 9000' West 42.0 feet; North 31000' West 17.42 feet; thence leaving the westerly line of the said lands of Johnson North 37033100" East, 53.57 feet; thence North 21023100" West, 11.00 feet; thence North 5010100" East, 23.45 feet; thence North 0055100" West, 11.70 feet; thence North 41000100" West, 13.50 feet; thence North 5'51100" West, 12.00 feet; thence North 49031100" West, 21.10 feet; thence North 39'23100" West, 23.00 feet to the westerly line of said lands of Johnson; thence along said westerly line of the lands of Johnson North 9015100" West, 32.00 feet to a point in the exterior boundary of the above mentioned subdivision, which point is the northwesterly corner of the said lands of Johnson. The side lines of said 10 foot strip is to be prolonged or shortened to terminate on said northerly line of Manderly Road and the exterior boundary of Loch Lomond Unit One (7 MAPS 97) . RFP: ATC