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Home My WebLink AboutCC Resolution 8891 (Pt. San Pedro Rd Fire Station)RESOLUTION NO. 8891 RESOLUTION FOR GRANT OF EASEMENT TO PACIFIC BELL FOR INSTALLATION OF COMMUNICATIONS CABINET ON LANDS OF CITY OF SAN RAFAEL - PT. SAN PEDRO ROAD FIRE STATION WHEREAS, Pacific Bell has requested a Grant of easement for installation of a communications cabinet on lands owned by the City of San Rafael, and WHEREAS, subject property is within a landscaped area at the Pt. San Pedro Road Fire Station, and WHEREAS, staff has reviewed the request and has no objections, except for adding certain conditions to the Grant of Easement. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council are hereby authorized to execute the Grant of Easement of subject property referenced herein and attached hereto. 1, 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 17th day of May, 1993, by the following vote, to wit: AYES: COUNCILMEM 3ERS: Breiner, Cohen, Shippey & Thayer NOES: COUNCILMEM 3ERS: None ABSENT: COUNCEE MEM 3ERS: None ABSTAINED: COUNCILMEMBERS: Mayor Boro (due to potential conflict of interest) Fj JE M. LEONCINI, City Clerk OR19IN I 4111f 91 EXCLUSIVE RECORDED AT REQUEST OF PACIFIC BELL WHEN RECORDED RETURN TO PACIFIC BELL, 6000 STATE FARM DRIVE RM. 224, ROHNERT PARK, CA 94928 Location: City/Urine: Citv of San Rafael Documentary Transfer Tax $ Signature of declarant W31726Q SAN RAFAEL W371 A. P. NO. 185-061-04 CO CY RWL FOR RECORDER'S USE R/W File No. MAR1093 RANCHO SAN PEDRO SANTA MARGARITA Y LAS GALLINAS GRANT OF EASEMENT The undersigned Grantor(s) hereby grant(s) to PACIFIC BELL, Grantee, its successors and assigns, an EXCLUSIVE EASEMENT to construct, maintain, operate, inspect, repair, replace and remove such communication facilities as Grantee may from time to time require, (including ingress thereto and egress therefrom) consisting of cables, wires, conduits, markers, pedestals, electrical conductors, structures with electronic communication equipment therein and associated paving, fencing, and other necessary fixtures and appurtenances related thereto; in, over, under and upon that certain real property in the City of San Rafael, County of Marin, State of California, described as follows: All that certain real property situate in the City of San Rafael, County of Marin, State of California, being a portion of those certain lands conveyed to the CITY OF SAN RAFAEL, a municipal corporation, by Grant Deed dated October 23, 1956, and recorded in Book 1071, at page 430, Official Records of Marin County, and being more particularly described as follows: BEGINNING at a point laying on the Northwesterly right-of-way of Point San Pedro Road, said point being also the most Southerly corner of said Lands of the City of San Rafael, thence along the Southwesterly line of said lands North 52° 34' 25" West 29.00 feet; thence leaving said line North 37° 25' 35" East 13.00 feet; thence parallel to said Southwesterly line South 52° 34' 25" East 30.97 feet to a point laying on said Northwesterly right-of-way, said point laying also on a curve from which whose radius point bears South 43° 17' 18" East 580.00 feet distant; thence Southwesterly along said curve through a subtended arc of 1 ° 17' 56" a distance of 13.15 feet to the point of beginning. Bearings based on that certain map entitled "GLENWOOD NO. 1, SAN RAFAEL, CALIFORNIA" filed in Volume 8 of maps, at page 103, Marin County Records. This legal description was prepared pursuant to section 8730c of the Business and Professions Code. Grantor(s) also grant(s) to Grantee the right to trim such trees and other foliage and to cut such roots on said property as may be necessary for the protection of said facilities. Grantor(s) also grant(s) to Grantee the right to cut, fill or otherwise change the grade of said property and to place such drainage and retaining structures thereon, as Grantee may elect for the protection of said facilities. Grantor(s) also grant(s) to Grantee the right to receive commercial power service from the appropriate utility company serving the area together with the right for such utility company to place their respective service facilities upon and within said easement. Grantee shall be responsible for damage caused intentionally or by any negligent act or omission of Grantee, its agents or employees while exercising the rights granted herein. W31726Q SAN RAFAEL % ! A. P. NO. 185-061-04 R/W Fisc No. MAR1093 RANCHO SAN PEDRO SANTA MARGARITA Y LAS GALLINAS Grantee shall bear the entire cost and expense of constructing and maintaining said facilities upon the land described herein. Grantee agrees that all work upon or in connection with said facilities shall be done at such times and in such manner as approved by the Grantor. The plans for the construction of said structure shall be subject to the approval and satisfaction of Grantor in advance of any work being performed upon or in connection therewith. This grant is made upon the express condition that the rights and privileges herein given Grantee shall lapse and become void if the construction of said facilities upon the land described herein is not commenced within one (1) year from the date first herein written. This indenture is subject to all valid and existing contracts, leases, liens, encumbrances or claims of title which may affect the said property, and the word GRANT as used herein shall not be construed as a covenant against the existence of any thereof. Should Grantee, its successors or assigns, at any time abandon the use of the said land or any part thereof, or fail at any time to use the same of said purposes for a continuous period of one (1) year, the right hereby given shall cease to the extent of the use so abandoned or discontinued, and Grantor shall at once have the right, in addition to but not in qualification of the rights hereinabove reserved, to resume exclusively possession of the said land, or the part thereof the use of which is so discontinued or abandoned. Upon termination of the rights and privileges hereby granted, Grantee, at its own cost and expense, agrees to remove said facilities from said premises of Grantor and restore said premises as nearly as practicable to the same state and condition in which they existed prior to the construction of said facilities. Should Grantee in such event fail, neglect or refuse to so remove said structure and restore said premises, such removal and restoration may be performed by Grantor at the expense of Grantee, which expense Grantee agrees to pay to Grantor upon demand. In the event that Grantor desires to develop the parcel of land adjacent to and containing the property described herein, Grantee agrees to remove said facilities or relocate said facilities to another location agreeable to Grantor and Grantee. All costs and expense involved in the removal or relocation of said facilities shall be borne by Grantee. Executed this 1 7th day of_bav , 1993_ CITY OF SAN RAFAEL, a municipal corporation 019'c� Naim — Doroth� Vice -Mayor Title L. Breiner State of California ) County of Marin ) ublic On f �� ou 9. hand State personally before me, A. X. appea�edE I DorothvrL L. PBreinern and for t e/said d y Vice-Mavor of the City of San Rafael personally known to me (,&r pre,-ed--tem-c = ire—" sis ef saw ---��ee) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that Ire/she/fey executed the same in/ her/ authorized capacity (lee), and that by hi�e/her/fir signatures) on the instrument the person(e), or the entity upon behalf of which the person( -a) acted, executed the instrument. WITNESS my hand and official seal. _(I . 7 / / A. M. MA�TE,ARY PUBLIC MY commission expires 11/17/95 of iCIAL SEAL ,"'.. A. 1N. mARCOTTE Notary Putme-Calltoinla' o MAMA Gp11Niv M ygnbe 17, I /.AhlDS OF 8K, l O -71 O- P�-,, 'PG• y3 0 M,C. R, App las - 061- Owl 5FT GC>d NAIL W1 LATH (TYP LOT 78 R/M 6-103 M. G. T:Z . a _U J E. (4 5927 4S f OF D ATE 2/10/93, DRAWN BY M< JOB NO. 1329.055 Q l yS- s. P�cFiC r1F=c.L SAID �AFALL M1�lI`! W3 - 172 6 Q MARK E. KILLOPS 5927 CARLENZOLI A N D ASSOCIATE S Enginaers—Surveyors—Plannars 363A TESCONI' CIRCLE, SANTA ROSA, CA 95401 (707) 542.6465 FAX (707) 542-1645 LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA, BEING A PORTION OF- THOSE CERTAIN LANDS CONVEYED TO THE CITY OF SAN RAFAEL, A MUNICIPAL CORPORATION, BY GRANT DEED DATED OCTOBER 23, 1956 AND RECORDED IN BOOK 1071, AT PAGE 430, OFFICIAL RECORDS OF MARIN COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT LAYING ON THE NORTHWESTERLY RIGHT—OF—WAY OF POINT SAN PEDRO ROAD, SAID POINT BEING ALSO THE MOST SOUTHERLY CORNER OF SAID LANDS OF THE CITY OF SAN RAFAEL, THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LANDS NORTH 520 34' 25" WEST 29.00 FEET; THENCE LEAVING SAID LINE NORTH 370 25' 35" EAST 13.00 FEET; THENCE PARALLEL TO SAID SOUTHWESTERLY LINE SOUTH 520 34' 25" EAST 30.97 FEET TO A POINT LAYING ON SAID NORTHWESTERLY RIGHT—OF—WAY, SAID POINT LAYING ALSO ON A CURVE FROM WHICH WHOSE RADIUS POINT BEARS SOUTH 430 17' 18" EAST 580.00 FEET DISTANT; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A SUBTENDED ARC OF 10 17' 56" A DISTANCE OF 13.15 FEET TO THE POINT OF BEGINNING. BEARINGS BASED ON THAT CERTAIN MAP ENTITLED "GLENWOOD NO. 1, SAN RAFAEL, CALIFORNIA" FILED IN VOLUME 8 OF MAPS, AT PAGE 103, MARIN COUNTY RECORDS. PREPARED BY: �At�10 , �10 CARLENZOLI AND ASSOCIATES cb :j- LS 5927 { i l' EXP G MARK E. K I LLOP S L.S. NO.5927 gTFOFOAL`Fp� LIC.EXP.12/31/96 2/10/93 DATE