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
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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
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AUNCY SHOWN)
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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
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