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Home My WebLink AboutCC Resolution 8611 (MMWD Deed)RESOLUTION NO. 8611 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT OF EASEMENT DEED BETWEEN THE CITY AND MARIN MUNICIPAL WATER DISTRICT (APN 165-010-76,78) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The Mayor and City Clerk are authorized to execute, on behalf of the City of San Rafael, that certain grant of easement deed with Marin Munipal Water District, a copy of which is attached hereto and incorporated herein by this reference. 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 February, 1992, by the following vote, to wit: AYES: COUNCILMEM 3ERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE� MLEONG'INI, City Clerk ORIGINAt '10 4111 When recorded, please return to: MARIN MUNICIPAL WATER DISTRICT P.O. BOX 994 93-030004 CORTE MADERA, CA 94976-0994 GRANT OF EASEMENT DEED APN 165-010-76 and 78 THIS DEED, made and entered into this Z o Tll day of , 1992, by and between COUNTY OF MARIN, a political subdivision of the State of California, acting on behalf of County Service Area No. 23, a one-half (1/2) interest owner, and the CITY OF SAN RAFAEL, a municipal corporation, a one-half (1/2) interest owner, hereinafter called "Grantors", 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, Grantors do by these presents, grant, bargain, sell and convey to the District, its successors and assigns, the following non-exclusive easement in the County of Marin, State of California, to construct a water pipeline and related facilities within the following -described access right-of-way: That property described as Parcel C in Document No. 12543 recorded in Book 944, Page 589, Marin County Recorders Office. Said easement is granted and shall be held for and subject to the following terms and conditions. 1. 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. 2. Grantors reserve and shall have the right to revise the grade -of the surface or location of such easement provided and only if and when Grantors shall first pay to District the full expense of changing the grade or location of the pipeline and other installations of District therein. 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 ,7 /"/ X /.5/ Page 2 a change in location is desired, Grantors will first deed to District a suitable new easement acceptable to District and covering such change. 3. The easement granted herein shall be and is non-exclusive, -and the right is hereby reserved by Grantors to use said easement for any and all purposes which will not interfere with or jeopardize the use of the easement for 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. 4. It is expressly agreed that the District shall be under no obligation to install cr 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. 5. Should there be any variations, errors or omissions in the description herein, it is the intention of the Grantors to convey to District an easement over the pipeline and other installations as laid and located. 6. District agrees to indemnify and hold harmless Grantors from any claim, liability, loss, damage, cost or expense, including attorney fees, which Grantors may suffer or incur as a result of or arising out of District's use and enjoyment of the easement granted hereunder. 7. The easement granted hereunder and the agreement of the parties shall be binding upon and shall inure to the benefit of the parties and-thei; successors -in -interest. 8. This instrument contains the entire agreement between the parties relating to the rights stated in this agreement and the obligations assumed herein. any oral representations or modifications concerning this document shall be of no force and effect excepting a subsequent modification in writing, is signed by both parties. 9. District and Grantors agree to submit any claims arising under this agreement to binding arbitration pursuant to the current provisions of the California Code of Civil Procedure and any successor statues. Page 3 IN WITNESS WHEREOF, Grantors have executed these presents the day and year above written. GRANTORS CITY OF SAN RAFAEL BY: f1beft J. Boro6Yayo' ATT E ST: *-d--- A 134L Jeanne M. Leoncini City Clerk COUNTY OF MARIN ,1 BY: a oWr. Chairman, Boar, f Supervisors ATTEST: Vickie J. Day, CI�k of the Ird DISTRICT MARIN MUNICIPAL WATER DISTRICT W THIS IS TO CERTIFY that the interest in the real property conveyed by the , dated 1-1�142/6 ?--r-111297— from C �u c?'� �� /�1 2�.(/ 1¢tc129 Cl to MARIN MUNICIPAL WATER DISTRICT, a local public agency was hereby accepted by order of the BOARD OF DIRECTORS on 7uL`l tcq) Ig91 , subject to the terms and conditions of said and DISTRICT consents to the recordation thereof by its duly authorized Officer. DATED•yz�BY: %', ;-"-�'�, SecT�tary, Board of Directors State of California County of Marin On February 24. 1992 before me, A. M. MARCOTTE, a Notary Public in and for the said County and State, personally appeared Albert J. Boro, Mavor of the Citv of San Rafael personally known to me (o=ev==e==e==�aai=�f==se=Gsfte e3*ldenae) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/thep executed the same in his/ hew/tAialr authorized capacity(ie:s) , and that by his/her/tl;e4r 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. kawo A. M. MARCO TE, NOTARY PUBLIC My commission expires 11/17/95 STATE OF CALIFORNIA ) ss. COUNTY OF MARIN ) On this 20th day of April, 1992, before me, a Notary Public in and for said County and State, personally appeared HAROLD C. BROWN, JR. and VICKIE J. DAY, personally known to me to be the Chairman and Clerk, respectively, of the Marin County Board of Supervisors, and the persons who executed this instrument as Chairman and Clerk of the Board of Supervisors of the County of Marin, and acknowledged to me that the County of Marin executed it. WITNESS my hand and official seal. ao3. i IJielsen Deann Nielsen, Notary Public NOTARY F�B:!C CALIFORNIA in and for said County and State CO LIN a. 7vJ.RIN My Comrtisslon Ezrno-:; Oclobw 91. 1994 My commission expires October 31, 1994. r 'r w 70I - 4L ■ MW TION MAP LOGA (14 -TS) RESOLUTION NO. 8611 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT OF EASEMENT DEED BETWEEN THE CITY AND MARIN MUNICIPAL WATER DISTRICT (APN 165-010-76.78) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The Mayor and City Clerk are authorized to execute, on behalf of the City of San Rafael, that certain grant of easement deed with Marin Munipal Water District, a copy of which is attached hereto and incorporated herein by this reference. 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 February, 1992, by the following vote, to wit: AYES: COUNCIMMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Bor NOES: COUNCILMEM 3ERS: None ABSENT: COUNCILMEMBERS: None JE M. LH;ONC I. C�iClerk COPY BOARD OF SUPERVISORS COUNTY OF MARIN RESOLUTION NO. �_ RESOLUTION AUTHORIZING EXECUTION OF GRANT OF EASEMENT DEED TO MARIN MUNICIPAL WATER DISTRICT WHEREAS, CITY OF SAN RAFAEL and COUNTY OF MARIN jointly own lands, preserved for open space purposes, commonly referred to as Assessors Parcel Numbers 165-010-76 & 78, in the Terra Linda area of San Rafael; and WHEREAS, CITY OF SAN RAFAEL manages said lands on behalf of the City and County; and WHEREAS, MARIN MUNICIPAL WATER DISTRICT has requested that a easement for water line purposes be granted, across said lands, within the boundaries of an access easement created by that certain Grant Deed between Manuel J. Fagundes, Joseph A. Fagundes, Mary F. Killough, Rose F. Mellen and Anthony J. Fagundes and Marin Municipal Water District filed for record in Book 944 at Page 589, Marin County Official Records. Said access easement crosses the lands of the City and County mentioned above; and WHEREAS, CITY OF SAN RAFAEL approved the conveyance of the water line easement on February 18, 1992 by RESOLUTION NO. 8611 and executed the Grant of Easement Deed on said date; and WHEREAS, staff recommends conveyance of the easement to MARIN MUNICIPAL WATER DISTRICT for water line purposes within the boundaries of the existing access easement. NOW, THEREFORE, BE IT RESOLVED that the Chairman of this Board of Supervisors is hereby authorized to grant and convey said deed on behalf of the COUNTY OF MARIN. PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the County of Marin this ,q day of —A.i„il , 1992, by the following vote: AYES: NOES: ABSENT: ATTEST. SUPERVISORS SUPERVISORS SUPERVISORS '1 Clerk' J Brady Bevis, Bob Roumiguiere, Al Aramburu, Gary Giacomini, Harold Brown none none Ch( an Board of ' pervisors . A