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HomeMy WebLinkAboutCC Resolution 7830 (Land of Waters Easement)RESOLUTION NO. 7830 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING GRANT OF STORM SEWER EASEMENT - LANDS OF WAYERS, A.P. NO. 10-131-23 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 of right-of-way for maintenance, repair, reconstruction and renewal of public storm sewer, executed by Louis F. and Antoinette L. Wayers to the City of San Rafael, dated April 29, 1988, 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. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 3rd day of October, 1988, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan JEANN �1,EONCINI, dity Clerk ,ORIGINAL 71Q�b RESOLUTION NO. 7830 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING GRANT OF STORM SEWER EASEMENT - LANDS OF WAYERS, A.P. NO. 10-131-23 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 of right-of-way for maintenance, repair, reconstruction and renewal of public storm sewer, executed by Louis F. and Antoinette L. Wayers to the City of San Rafael, dated April 29, 1988, 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. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 3rd day of October, 1988, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan JEAN �_LEONCINI,\City Clerk • ^c AUNCY SHOWN) _ IT " la! '%. Vii,;,, �,� i �.•'t 1. ```,1i�., I ..�;, No Fee G06103 COP V y '1� GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF STORM DRAIN LOUIS F. & ANTOINETTE L WAYERS (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: An easement, ten feet in width for storm drain purposes, lying five feet each side of the following described line. Beginning at a point on the southwesterly line of lands conveyed to Louie F. Wayers, at ux; deed recorded October 20, 1964; in Book 1873 of Official Records at page 88; Marin County Records; also being a point on the easterly line of lands conveyed to William B. Shekter; deed recorded September 13, 1973; in Book 2725 of Official Records at page 452; Marin County Records; from which the most northerly corner of Lot Bight as shown upon that certain map entitled "Map of Fair Hills Manor"; recorded August 7, 1951; in Book 7 of Maps at page 42; Marin County Records; bears N45.47'W 48.79 feet; N34.481W 35.08 feet; N29°26'W 56.50 feet; N67.341W 83.90 feet; N44.081W 68.57 feet; and N61053'10"W 74.34 feet; thence leaving said line 545.471E 4.48 feet and 539.3516 24.93 feet, more or less to the southeasterly line of said lands conveyed to Wayere; also being a point on the northerly right—of—way of Idlewood Place. The side—lines of aforedescribed easement are to be lengthened and/or shortened to coincide with the easterly line of lands of Shekter and the southerly and easterly line of said lands conveyed to Louis F. Wayers. 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 executed these presents, this 2 % day of 19g. 0 STATE OF CALIFORNIA ) ss. COUNTY OF MARIN ) On this _Z�'— day of l/wr.�______ F 1989 , before me HUGH G.M,RCHAPIT Notary Pdblic in and for the said County and State residing therein, duly commissioned and sworn, pe::sonal ly ap— peared Lbujs 1= l c✓er'S and /, z known to me to be the pe/rsons whose names are subscribed o the within instrument, and acknowledged to me that they executed same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. My Commission Expires: f' HUGH G. MARCHAW s� P10TARY PUBLIC - CALIFORRIA MARIM COUNTY "I Comm. Expires July 4, 198. 1475 Seccnd SL, San Rafal, Calif. 94901 of •r Y �Pubri c in and for said Co�iinty and State �� ND VFVISED BY APVD COK)P0.ED DnAwN r,.Irr.RrD DATE I SCALE o- o I 0. I C IL J W � J rs � C7 Ul I T OF hA [-IARC SHEET OF CALIFORNIA APPROVED BY ENGINEERING DEPARTMENT CITY ENGINEER I DATE DWG. I CASE