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HomeMy WebLinkAboutCC Resolution 8541 (Natural Area Grant Deed)RESOLUTION NO. 8541
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL ACCEPTING GRANT DEED FOR
DEVELOPMENT RIGHTS (NATURAL AREA)
WHEREAS, public interest, convenience and welfare require that
the easement hereinafter mentioned be accepted and used for the benefit of
the public of the City of San Rafael, California.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City
Council of the City of San Rafael, California, that that certain grant deed for
development rights (Natural Area), executed by MHV Joint Venture to the
City of San Rafael, dated November 4, 1991, attached hereto and
incorporated herein by reference, be and the same is hereby accepted and
the 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.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are
authorized to execute said conveyance on behalf of said City.
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 4th
day of November, 1991, by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor
Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE 11� M. LEONCI , City Clerk
ORIGINAL W9,541
Recording Requested by:
MHV Joint Venture
Daniel P. Robinowitz
Woodmont Companies
8080 North Central Expressway, Suite 1390
Dallas, Texas 75206
When Recorded Mail to:
MHV Joint Venture
Daniel P. Robinowitz
Woodmont Companies
8080 North Central Expressway, Suite 1390
Dallas, Texas 75206
Space above this line for Recorder's use
Documentary Transfer Tax $ 0
BULLARD & BRIDGES
A Professional Corporation
Cecilia B. Bridges
Attorney for Grantor
GRANT DEED FOR DEVELOPMENT RIGHTS
This Agreement is made this 4th day of November, 1991,
by and between MHV Joint Venture ("Grantor") and the City of San
Rafael, a municipal corporation, ("Grantee").
RECITALS
WHEREAS, Grantor is the owner of certain real property
commonly known as Embassy Suites -Hotel, 100 McInnis Parkway, City
of San Rafael, County of Marin, State of California, and
described as Assessor's Parcel No. 180-410-07 in the County of
Marin, California, described as follows:
PARCEL 2, as shown upon "Parcel Map of Civic Center
North being a resubdivision of Parcel 1 -Civic Center
COF-,"Ilky
North -23 PM 52 -Lands of Gos Joint Venture", filed for
record January 9, 1989 in Volume 24 of Parcel Maps, at
Page 43, Marin County Records.
WHEREAS, included within this certain real property owned by
Grantor and described above is real property commonly known as
the "Natural Area" which is particularly described in Exhibit A,
attached and incorporated herein by reference.
WHEREAS, Grantee has required as a part of the approval of
San Rafael Use Permit UP 88-9, Condition (5), that Grantor grant
to Grantee the development rights for that property particularly
described in Exhibit A, and shown on Exhibit B, and known as the
"Natural Area" so that this property can remain in a condition
acceptable for natural habitat at all times.
NOW, THEREFORE, Grantor, in order to fulfill the above
described condition hereby executes this grant deed and agrees as
follows:
1. Grantor hereby grants to the City of San Rafael, a
municipal corporation as Grantee, the future development rights
as defined below, in that property known as the "Natural Area"
which is particularly described in Exhibit A which is attached
and incorporated herein by reference.
2. For the purpose of this grant deed, "Development Rights"
are defined to mean and refer to the right to approve or
disapprove any proposed construction, development or improvement
which would substantially and materially change or impact the
condition of the "Natural Area" as a natural habitat.
3. The "Development Rights" are, and shall
negative easement over all of the property known as
Area" as described in Exhibit A, which shall
described real property and shall bind the current
future owner or owners of all or any portion of
described.
K
be a form of
the "Natural
run with the
owner and any
the property
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS
AGREEMENT THE DAY AND YEAR FIRST ABOVE WRITTEN.
Grantor:
11 �
MHV Joint Venture
A Texas joint venture
By: Submarin, L.P., a Delaware.
limited partnership
By: Marin Hotel Corp.,
A Delaware corporation
By: f(
9iel P. �F�ob'inowitz
President
Grantee:
Lawrence Mulryan, Mayor
City of San Rafael
Attest:
Acknowledgments
State of Texas () Jeanne M. Leoncini
County of Dallas ()
City Clerk
This instrument was acknowledged before me on September 27, 1990 by Daniel P.
Robinowitz on behalf of MHV Joint Venture, a partnership.
1, ^01T:17 M1AK-
=';re etiezas Notary Public-,
';' ' •. �,-, :�`.S
'r, Ear :s 919 9J ✓✓ /
Notary Public,Printe�or Typed
Name. My Commission expires:
3 ?-19- 7
OBERKAMPER & ASSOCIATES October 30, 1989
CIVIL ENGINEERS, INC. Job No. 136-87
LEGAL DESCRIPTION
"NATURAL AREA"
EMBASSY SUITES HOTEL
SAN RAFAEL, CALIFORNIA
Real property situate in the City of San Rafael, County of Marin, State of
California described as follows:
Beginning at the most southerly corner of Parcel 2, the same as shown and
delineated on that certain Parcel Map entitled "Parcel Map of Civic Center North,
being a resubdivision of Parcel 1 - 23 PM 52 - Lands of GOS Joint Venture",
filed for record January 9, 1989 in Book 24 of Parcel Maps at Page 43, Marin
County Records; thence along the boundary of said Parcel 2 (24 PM 43) North
49024150" West, 85.29 feet to a point on the southeasterly right-of-way line of
McInnis Parkway, as shown on said Map (24 PM 43); thence along said southeasterly
line (24 PM 43) North 40135110" East, 148.86 feet; thence leaving said southeasterly
line (24 PM 43) South 49024159" East, 73.51 feet; thence along a tangent curve to the
left, having a radius of 34.00 feet, through a central angle of 2602013611, an arc length
of 15.63 feet; thence South 70015100" West, 13.27 feet; thence South 86006'49" East,
65.46 feet, thence South 3100010011 East, 10.00 feet to a point on the southeasterly
boundary of said Parcel 2 (24 PM 43); thence along said southeasterly boundary
(24 PM 43) the following courses and distances: South 59000100" West, 176.74 feet
and thence along a tangent curve to the left having a radius of 300.00 feet, through
a central angle of 1°4914511, an arc length of 9.58 feet to the point of beginning.
Containing 0.433 acres, more or less.
ATC: BFL
EXHIBIT A
To Grant Deed For
Development Rights
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Exhibit B
To Grant Deed for Development
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