HomeMy WebLinkAboutCC Resolution 8915 (Storm Drain Easement)RESOLUTION NO. 8915
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL ACCEPTING GRANT OF EASEMENT FOR
CONSTRUCTION AND MAINTENANCE OF STORM DRAIN -
CRAIG S. SPENCER AND JILL WILEMON SPENCER
(A.P. #16-101-34)
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 Craig S.
Spencer and Jill Wilemon Spencer dated December 23, 1992, 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 Monday, the 17th day of May, 1993, by the following
vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEM 3ERS: None
JEANrft M. LEONCINI, City Clerk
ORIGIN 44m-5-
GRANT OF EASEMENT FOR MAINTENANCE OF STORM DRAIN
APnl iG
CRAIG S SPENCER AND JILL WILEMON SPENCER, 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 (hereinafter called
"Grantee"), an easement over the strip of land hereinafter
described for the purpose of renewing, inspecting, maintaining,
repairing and using the public storm drain in the same condition
as it exists on the date the Grant of Easement is executed by
Grantors on said strip of land together with the right of ingress
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 LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"
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. Grantor shall not erect or construct
any building or other structure or drill or operate any well
within said strip of land without prior written approval from
Grantee.
Grantee shall not expand or in any manner enlarge the size of the
public storm drain, nor shall Grantee alter or change the course
of said public storm drain. Additionally, Grantee shall not add
any materials, including but not limited to concrete, rocks,
rip -rap or fill, or construct any structure on said strip of land
without the prior written approval of Grantors.
Grantee shall not remove any landscaping or trees located within
or on said strip of land existing as of the date this Grant of
Easement is executed by Grantors without prior written approval
of Grantors or unless such landscaping and/or trees become an
imminent and unreasonble danger to the maintenance of the public
storm drain.
Grantee shall provide reasonable notice to Grantor of Grantee's
entry onto Grantor's property except in the case of emergency.
Grantee shall be liable for the repair or replacement, or the
costs of repair or replacement, of any property, including but
not limited to landscaping and trees, damaged as a result of
Grantee's exercise of rights under this Grant of Easement.
Grantee hereby agrees to indemnify Grantor and hold Grantor
harmless for any injuries or damages arising out of Grantee's
entry onto Grantor's property, and Grantee's exercise of rights
under this Grant of Easement and/or any failure to maintain the
public storm drain.
The provisions hereof shall inure to the benefit of and bind the heirs,
successors, and assigns of the respective parties hereto.
IN WIT"1)ti)
S WHEREOF, Grantor has executed these presents, this �ird"
day of 19 yz/.
CRAIG S, SPEN JER
n1i.,tWILTN SPENCER
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STATE OF CALIFORNIA
m W COUNTY OF vi Fran o_ is eS.S.
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3 on �1�PCeart�er ��� 19%02 before me,
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a a Notary Public n an
(d for said County and State, personally appeared
o Si I W. Si—'ke r
Fpersonally known tt�me (or proved f mPe on the basis of satisfactory
w evidence) 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
m
Signature
F 2492 (5-91)
FOR NOTARY SEAL OR STAMP
I ` OFFICIAL SEAL j
ISABELL'A S. GALASSO
m NOTARY PUBLIC - CALI=ORRNIA
1 SAN FRANCISCO COON -Y
' My comm. expiras APR 29, 1994
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