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HomeMy WebLinkAboutPW 91-95 West Crescent Drive Revocable License Agreement1 ( Record Without Fee, Per GC 27383 and When recorded mail to: // nn "RECORDING REQUESTED, AND WHEN RECORDED RETURN TO: ESTHER C. BEIRNE, City Clerk City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 2317-0035740 Recorded I REC FEE 0.00 Official Records I County of I COI1FORlIED COPY 0.00 Harin I RICHARD H. BEHSO11 I Assessor -Recorder I County Clerk I I 01:1911 06 -Sep -2017 I Page 1 of 16 Assessor's Parcel No. 010-262-06 CITY OF SAN RAFAEL REVOCABLE LICENSE AGREEMENT NO. EP16 - 529 (FOR USE OF PUBLIC RIGHT-OF-WAY) THIS REVOCABLE LICENSE AGREEMENT is entered into as of the ;2-0"/_kday of 64 vG& s7 , 2017, by and between the CITY OF SAN RAFAEL, a charter city duly incorporated under the laws of the State of California (hereinafter referred to as "CITY"), and 91- 95 West Crescent LLC (hereinafter referred to as "LICENSEE"), with reference to the following: WHEREAS, CITY is the owner of certain public right-of-way described as follows: West Crescent Drive, previously known as Avenue B as shown on Record Map 02 Page 09, Lands of Forbes Subdivision Two (hereinafter "the PREMISES"); and WHEREAS, LICENSEE is the owner of the private real property commonly known as: Address: 91 and 95 West Crescent Drive, San Rafael, California; Assessor's Parcel No: 010-262-06; which property is situated directly adjacent to the PREMISES; and WHEREAS, pursuant to the provisions of San Rafael Municipal Code Section 11.04.050, LICENSEE has applied for and desires to obtain from CITY a license for the purpose of constructing, placing, maintaining, operating or otherwise using the following major continuing encroachment in, on or over the PREMISES: "retaining walls, with drainage and fence" (hereinafter the "ENCROACHMENT"); and WHEREAS, CITY'S DIRECTOR OF PUBLIC WORKS (hereinafter "DIRECTOR") has found that LICENSEE'S application is complete, true and correct; and WHEREAS, DIRECTOR has found that the proposed ENCROACHMENT conforms to the design and location standards for above -ground facilities adopted by resolution of the City Council of CITY; and CITY OF SAN RAFAEL REVOCABLE LICENSE NUMBER EP16-529 WM 6 Streets\] 6. 10 Right of Way116.10.19 Revocable License Agreements191-95 West Crescent - Retatining WaMLicense Agreement\Revocable Lic Form (08 03 17 rev).doc Page 1 WHEREAS, LICENSEE alleges, and DIRECTOR finds, that the ENCROACHMENT will incidentally be of benefit to or serve the interests of the CITY and/or its residents generally, in that: additional street level parkway is provided; and WHEREAS, the DIRECTOR has found that with the conditions imposed in this agreement, the ENCROACHMENT shall not be detrimental to the public health, safety and welfare. NOW, THEREFORE, the parties agree as follows: 1. Grant of LICENSE. In consideration of the benefit to the CITY and/ or its residents generally, as described above, CITY grants to LICENSEE a non-exclusive LICENSE (hereinafter "LICENSE") for the limited purposes described herein and for no other purpose. This LICENSE is granted as to the PREMISES, which is a portion of the public right-of-way owned by CITY, as described in Exhibit "A" and as shown in Exhibit "B", attached hereto and incorporated herein by this reference. _ hih; t L } k c,u,, e <t . 2. Term of LICENSE; Personal to LICENSEE. A. The Term of this License is as follow (Check One): [ ] This LICENSE shall terminate on [X ] This LICENSE shall be of indeterminate duration. B. LICENSEE understands, acknowledges and agrees that the grant of this LICENSE does not convey any interest in real property, and that the LICENSE is personal to the LICENSEE. Should title to LICENSEE'S property adjacent to the PREMISES, or the ENCROACHMENT thereon, be sold or otherwise transferred to a different ownership, this LICENSE shall terminate. The new title holder shall be required to execute a new Revocable License Agreement within thirty (30) days following the transfer of title, or, upon direction from the DIRECTOR, shall remove the ENCROACHMENT from the PREMISES. 3. Purpose of LICENSE. CITY grants LICENSE to LICENSEE for the limited purpose of constructing, placing, maintaining, operating or otherwise using the ENCROACHMENT in, on, or over the PREMISES. LICENSEE understands, acknowledges and agrees that its LICENSE to use PREMISES is for this sole purpose and for no other purpose. LICENSEE'S use of PREMISES for any other purpose shall automatically tenminate this LICENSE. 4. LICENSE Non -Exclusive. CITY grants this LICENSE subject to any and all licenses, leases, easements, conditions, restrictions, covenants, encumbrances, liens and claims of title which may affect PREMISES as of the effective date of LICENSE. CITY reserves the right to use PREMISES in any manner, CITY OF SAN RAFAEL REVOCABLE LICENSE NUMBER EP16-529 Page 2 W:116 Streets\ 16. 10 Right of Way\I6.10.19 Revocable License Agreements191-95 West Crescent - Retatining WalllLicense AgreementlRevocable Lic Form (08 03 17 rev).doc provided that such use does not unreasonably interfere with LICENSEE'S rights granted herein. CITY agrees to cooperate with LICENSEE in the exercise of CITY'S right to use PREMISES. 5. Conditions of LICENSE. A. All facilities shall be located, constructed, operated, and maintained in the time, place and manner that cause the least interference with the public's use of the public right-of- way, CITY'S management and use of the right-of-way, and the rights or reasonable convenience of property owners who adjoin the public right-of-way, all as approved by the DIRECTOR. B. LICENSEE shall maintain all encroachments in a safe and clean manner. C. LICENSEE shall promptly remove all graffiti on any encroachment. D. LICENSEE shall contact Underground Service Alert (USA) prior to commencing, and as appropriate during, any permitted work. E. Upon the request of any person who has contracted to perform work on a public right-of-way, LICENSEE shall provide accurate detailed information regarding the location of his existing and proposed structures in the public right-of-way. F. Such other reasonable conditions, including specific accessibility facilities and accommodations, as may be deemed necessary by the DIRECTOR to protect the public health, interest, safety and welfare. 6. Repair and Maintenance. A. LICENSEE shall exercise reasonable care in inspecting and maintaining the area affected by ENCROACHMENT after completion of all construction or installation work, and shall maintain the PREMISES in good and safe condition, free from waste and in good repair to the reasonable satisfaction of CITY. B. LICENSEE shall immediately repair any damage or nuisance in any portion of the public right-of-way resulting from the work done under this LICENSE or from the maintenance of the ENCROACHMENT. C. In the event that the whole or any part of the ENCROACHMENT on PREMISES or any portion of the PREMISES are damaged or destroyed in any manner, by any cause whatsoever, LICENSEE, at its sole cost and expense, shall repair, replace, and restore PREMISES to satisfaction of CITY. D. LICENSEE shall bear the full and complete cost of repair and restoration under this section. In the event that LICENSEE fails to act promptly or should the exigencies of the damage require repairs or replacement to be made before LICENSEE can be notified by the DIRECTOR or can respond to notification, CITY may at its option make the necessary repairs or CITY OF SAN RAFAEL REVOCABLE LICENSE NUMBER EPI 6-529 Page 3 W:\16 Streets\16.10 Right of Way\16.10.19 Revocable License Agreements\91-95 West Crescent - Retatining Wall\License Agreement\Revocable Lic Formas (08 03 17 rev).doc replacements or perform the necessary work and LICENSEE shall be charged with all the expenses incurred in the performance of the work. 7. Termination, Suspension, or Revocation of LICENSE; Relocation of Encroachment; Restoration of PREMISES. A. Termination by LICENSEE. LICENSEE may terminate this LICENSE at will and without cause upon submitting a written request to terminate, in a form acceptable to CITY. B. Suspension or Revocation by CITY. The LICENSE may be suspended or revoked by the DIRECTOR where he finds that: 1) LICENSEE has violated any provision of this LICENSE or any applicable law; or 2) LICENSEE has failed to pay any required fees, or to post or maintain any bond or insurance required by this chapter; or 3) The ENCROACHMENT adversely affects the safety, capacity or integrity of CITY'S right-of-way or increases CITY'S liability exposure; or 4) The ENCROACHMENT is causing CITY to incur substantial additional maintenance costs; or 5) Material misrepresentations, omissions or inaccuracies were made in the application for the LICENSE. The DIRECTOR shall give LICENSEE at least ten (10) days' written notice of a hearing before CITY'S City Manager or his designee on the suspension or revocation of the LICENSE. The hearing shall be held within thirty (30) days after service of written notice of the hearing or at such later time as may be agreed to by LICENSEE. The decision of the City Manager or his designee shall be final. C. Relocation. If any future construction, reconstruction or maintenance work is required or requested by the City in the public right-of-way that necessitates the relocation, removal or abandonment of the ENCROACHMENT, LICENSEE shall relocate, remove or abandon the ENCROACHMENT at the LICENSEE'S sole expense. When relocation or removal is required or requested, the DIRECTOR shall make written demand of LICENSEE that the ENCROACHMENT be relocated within the right-of-way to a satisfactory location provided by the DIRECTOR, or removed, and shall designate a reasonable time for such relocation or removal. In determining what is a reasonable time under this section, the DIRECTOR shall take into consideration the nature of the ENCROACHMENT, the urgency of the need for its removal, the cost of its removal, the difficulty of its removal, the value of the ENCROACHMENT to the owner, and other facts peculiar to the particular situation. If LICENSEE fails to comply with such instructions, CITY may relocate the ENCROACHMENT at the sole expense of LICENSEE. CITY OF SAN RAFAEL REVOCABLE LICENSE NUMBER EP16-529 Page 4 W:116 Streets 16.10 Right of Way116.10.19 Revocable License Agreements191-95 West Crescent - Retatining Wall"License Agreement',Revocable Lic Form (08 03 17 rev).doc If requested by LICENSEE within ten (10) days of the date of the DIRECTOR'S written demand to relocate or remove, LICENSEE may request a hearing before CITY'S City Manager or his designee on the relocation of the ENCROACHMENT. The DIRECTOR shall give LICENSEE at least ten (10) days' written notice of any scheduled hearing, and such hearing shall be held within thirty (30) days after service of written notice of the hearing or at such later time as may be agreed to by LICENSEE. The decision of the City Manager or his designee shall be final. D. Restoration. In the event of termination of this LICENSE by any party, or in the event relocation of the ENCROACHMENT is required, LICENSEE, at its sole cost and expense, shall immediately commence and diligently pursue removal of the ENCROACHMENT from PREMISES, shall restore PREMISES to their original condition to the satisfaction of CITY and shall complete such removal and cease all use of PREMISES within thirty (30) days of the Notice. 8. Assumption of Risk. LICENSEE shall assume all risk of damage or injury to its property, to itself, its agents, its employees and to any persons or property under LICENSEE'S control or custody, or any persons or property under the control or custody of its employees or agents, while upon or near PREMISES, or incident to LICENSEE'S use of PREMISES. 9. Indemnitv. LICENSEE hereby agrees: A. To the maximum extent permitted by law, to indemnify, defend and hold harmless CITY, its officials, agents, employees and volunteers against any and all liabilities, losses, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, including but not limited to attorney's and expert fees and court costs, arising out of or connected with the installation, operation and maintenance of any facilities in, or the use of any public right-of-way by, LICENSEE or LICENSEE'S employees, officers, officials, agents, transferees, contractors or subcontractors pursuant to this LICENSE; provided, that the obligation to indemnify CITY hereunder shall not apply to any liabilities, losses, claims, actions, causes of action or demands arising from CITY'S sole negligence, willful misconduct or criminal acts. B. To the maximum extent permitted by law, to defend, indemnify, release and hold harmless CITY, its agents, officers, attorneys, employees, boards and commissions from any claim, action, or proceeding brought against any of the foregoing individuals or entities ("indemnitees"), the purpose of which is to attack, set aside, void or annul the approval of this LICENSE, or the adoption of any enviromnental document which accompanies CITY'S approval of this LICENSE. CITY OF SAN RAFAEL REVOCABLE LICENSE NUMBER EP 16-529 Page 5 W:116 Streets\ 16. 10 Right of Way116.10.19 Revocable License Agreements191-95 West Crescent - Retatining WalllLicense Agreement\Revocable Lic Form (08 031 17 rev).doc C. In the event that any claim, action or proceeding as described above is brought, CITY shall promptly notify LICENSEE of any such claim, action or proceeding, and CITY will cooperate fully in the defense of such claim, action, or proceeding. In the event LICENSEE is required to defend CITY in connection with any said claim, action or proceeding, CITY shall retain the right to approve any and all settlements affecting the validity or interpretation of a CITY ordinance or regulation, which approval shall not be unreasonably withheld. Nothing herein shall prohibit CITY from participating in the defense of any claim, action or proceeding, provided that if CITY chooses to have counsel of its own to defend any claim, action or proceeding where LICENSEE already has retained counsel to defend CITY in such matters, the fees and the expenses of the counsel selected by CITY shall be paid by CITY. 10. Insurance. LICENSEE shall provide CITY with satisfactory evidence, in the form of a Certificate of Insurance, that LICENSEE is insured in accordance with the following terms and conditions. Such insurance shall remain in effect throughout the term of this LICENSE and failure to maintain the required insurance shall automatically terminate this LICENSE. A. Liability Insurance. LICENSEE shall, at its own cost and expense obtain and maintain a comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage. B. Terms and Conditions of Insurance. The insurance policy shall also include the following: 1) The CITY, its officers, employees, agents and volunteers, and their successors or assignees shall be named as additional insureds under the policy and LICENSEE shall provide CITY with a policy endorsement so stating. 2) The insurance company issuing such policy shall give written notice to the CITY of any material alteration, or reduction in aggregate limits, if such limits apply, and provide at least ten (10) days' notice of cancellation. 3) The policy shall be primary insurance and the insurance company providing such policy shall be liable hereunder for the full amount of any loss or claim for which LICENSEE is liable, up to and including the total limit of liability, without right of contribution from any other insurance effected or which may be effected by CITY. 4) By their inclusion as additional insureds, the rights of CITY, its officers, agents, employees and volunteers shall not be affected in regard to any claim, demand, suit or judgment made, brought or recovered against the LICENSEE or its contractors, agents, and the CITY, its officers, agents, employees or volunteers, shall have the same rights and shall be treated in the same manner as though a separate insurance policy had been issued to each, but nothing in said policy shall operate to increase the insurance company liability as set forth in its CITY OF SAN RAFAEL REVOCABLE LICENSE NUMBER EP16-529 Page 6 W:116 Streetsll 6.10 Right of WayU 6.10.19 Revocable License Agreements191-95 West Crescent - Retatining WalkLicense AgreementlRevocable Lic Fonn (08 03 17 rev).doc policy beyond the amount or amounts shown or to which the insurance company would have been liable if only one interest had been named as an insured. 5) The insurance specified in this section shall be provided on an occurrence basis. 6) The insurance company providing the insurance required in this section shall be insurers admitted to do business in California. 11. Compliance with Laws. In addition to any other provisions of this LICENSE, this LICENSE is subject to, and LICENSEE shall comply with all applicable provisions of San Rafael Municipal Code Chapter 11.04 concerning Major Continuing Encroachments. LICENSEE shall comply, at LICENSEE'S sole expense, with all other applicable laws, regulations, rules, and orders with respect to the use of PREMISES, regardless of when they become or became effective, including, without limitation, those relating to construction, grading, signage, health, safety, accessibility, noise, environmental protection, hazardous materials, waste disposal, and water and air quality, and furnish satisfactory evidence of such compliance upon request of CITY. LICENSEE shall also obtain, at LICENSEE's sole expense, any and all CITY permits required for its use of PREMISES as permitted under this LICENSE. 12. Notices. All notices required or permitted to be given under this LICENSE shall be in writing and mailed postage prepaid, or by personal delivery or by overnight courier, to the appropriate address indicated below or at such other place or places as either CITY or LICENSEE may, from time to time, respectively, designate in a written notice given to the other. Notices shall be deemed sufficiently served four (4) days after the date of mailing by certified or registered mail, one (1) day after mailing by overnight courier, or upon personal delivery. To CITY: Director of Public Works City of San Rafael 111 Morphew San Rafael, CA 94901 Fax: 415-485-3334 To LICENSEE: 91-95 West Crescent LLC John and Kimberlee Barcewski 4340 Redwood Hwy Suite B-50 San Rafael, CA 94903 13. Successors and AssiEns. CITY'S grant of this LICENSE to LICENSEE is the grant of a personal right to the use of the PREMISES. LICENSEE shall not assign nor sublet, in whole or in part, any rights granted CITY OF SAN RAFAEL REVOCABLE LICENSE NUMBER EP 16-529 Page 7 W:V 6 Streets116.10 Right of Wayll6.10.19 Revocable License Agreements191-95 West Crescent - Retatining WalllLicense AgreementlRevocable Lic Forn (08 03 17 rev).doc by this LICENSE, or permit any other person, firm, entity, or corporation to use, in whole or in part, any of the rights or privileges granted pursuant to this LICENSE. Should title to LICENSEE'S property adjacent to the PREMISES, or the ENCROACHMENT thereon, be sold or otherwise transferred to a different ownership, this LICENSE shall terminate. LICENSEE shall notify the DIRECTOR prior to such transfer of title and shall disclose to the terms of this LICENSE to the transferee. The new title holder shall be required to execute a new Revocable License Agreement within thirty (30) days following the transfer of title, or, upon direction from the DIRECTOR, to remove the ENCROACHMENT from the PREMISES. 14. No Waiver. No waiver of any default or breach of any covenant of this LICENSE by either party shall be implied from any omission by either party to take action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the waiver, and then the waiver shall be operative only for the time and to the extent stated. Waivers of any covenant, term, or condition by either party shall not be construed as a waiver of any subsequent breach of the same covenant, term, or condition. The consent or approval by either party to or of any act by either party requiring further consent or approval shall not be deemed to waive or render unnecessary their consent or approval to or of any subsequent similar acts. 15. Severabilitv. Each provision of this LICENSE is intended to be severable. If any term or provision shall be determined by a court of competent jurisdiction to be illegal or invalid for any reason whatsoever, such provision shall be severed from this LICENSE and shall not affect the validity of the remainder of this LICENSE. 16. Attornev's Fees. If any legal proceeding should be instituted by either of the parties to enforce the terms of this LICENSE or to determine the rights of the parties under this LICENSE, the prevailing party in the proceeding shall receive, in addition to all court costs, reasonable attorney's fees. 17. Condition to Effectiveness. As a condition precedent to the effectiveness of this Agreement and LICENSE, LICENSEE shall provided CITY 1) satisfactory proof of insurance by way of a Certificate of Insurance and 2) actual endorsements to the insurance policies as specified in section 10 herein. 18. GoverninE Law. The rights and liability of the parties under this Agreement and LICENSE shall be interpreted in accordance with the laws of the State of California. 19. InteLyration. CITY OF SAN, RAFAEL REVOCABLE LICENSE NUMBER EP 16-529 Page 8 W:116 Streets\16.10 Right of Way\16.10.19 Revocable License Agreements191-95 West Crescent - Retatining Wa111License AgreementlRevocable Lic Form (08 03 17 rev).doc This LICENSE constitutes the complete expression of the agreement between the parties and supersedes any prior agreements, whether written or oral, concerning the subject of this LICENSE, which are not fiilly expressed herein. Any modification of or addition to this LICENSE must be in writing signed by both parties. WHEREFORE, the parties have signified their agreement by entering their signatures below. CITY OF SAN RAFAEL -/&4 t BILL GUERK Public Works Director ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEI , City A orney LICENSEE B ,� Pr' d Name OHN BARCEWSKI Title: Printe ame: KIMBERLEE BARCEWSKI Title: CITY OF SAN RAFAEL REVOCABLE LICENSE NUMBER EP16-529 WM6 Streets116.10 Right of Way\]6.10.19 Revocable License Agreement0l-95 West Crescent - Retatining WalllLicense Agreement\Revocable Lic Fonn (08 03 17 rev).doc Page 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of /�IA"e/l-' On O F-- //— 5Z-0 / 7 before me, Matt J Mirabelli -Notary PubhC Date Here Insert rName and Title of the Officer personally appeared -7_c*y.' 34,Q c 1Qc<,1 S A*< t t,� B� /`�2 `7 •2C@ 4,5�< Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persorQwhose narTF�S ig7j�j) subscribed to the within instrument and acknowledged to me that he/she ne executed the same in his/her eic uthorized capacitie` f and thatby his/her it ignaturn the instrument the pers rz or the entity upon behalf of which the persacted, executed the instrument. W MATT J. MIRABELLA f'fi Commission # 2034014 z Notary Public -California z Marin County My Comm. Expires Aug 16, 2017 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatu a�✓��l� Signatur'of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Marin On `/;- 11V1-7` before me, E. Beirne, Notary Public (insert name and title of the officer) personally appeared �9/4-1- (;V6 JA) , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sol /are subscribed to the within instrument and acknowledged to me thatDi /she/they executed the same in /her/their authorized capacity(ies), and that by 1&' /her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) E. BEIRNE d COMM. #2112433 z i • Notary Public California o -- Marin County j My Comm. Expires June 10, 2019 i 0 20 4060 1 GRAPHIC SCALE SCALE: 1" = 40' CRESCENT LINE TABLE LINE LENGTH BEARING LEGEND I Li 4.00 S15'56'00"E f I L2 94.06 S76'30'14'W I L3 6.19 N88'14'32"W REVOCABLE LICENSE AREA L4 1.50 N15'47'00'E A PORTION OF WEST CRESCENT DRIVE IN FRONT OF LOT 10 AS SUCH LOT IS SHOWN ON THAT CERTAIN MAP ENTITLED "MAP OF WESTLAND TERRACE, SUBDIVISION TWO, SAN RAFAEL, CALIFORNIA", FILED FOR RECORD AUGUST 16, 1946 IN VOLUME 6 OF MAPS AT PAGE 16, MARIN COUNTY RECORDS. GOVERS ENGINEERS EXHIBIT "A" SCAM, 1' = 60' PEICIVIL ENGINEERS - SURVEYORS PLAT OF LEGAL DESCRIPTION OF AREAS DATE 6_2_17 3708 Mt. DIABLO BLVD., SUITE loo LISTED IN REVOCABLE LICENSE AGREEMENT DW(L NO- LAFAYETIE, CA 94549 TEL(925) 284-5441 FOR 91-9,) WEST CRESCENT DRIVE 1622RLA.dwg e mail: john@goversengineers.com SAN RAFAEL. CALIFORNIA 'B ND.: 1622 Page 1 LAND DESCRIPTION OF THE REVOCABLE LICENSE TO 91-95 WEST CRESCENT DRIVE All that certain real property situated in the City of San Rafael, County of Marin, State of California, being a portion of West Crescent Drive as shown on that certain map entitled "Map of Westland Terrace, Subdivision Two, San Rafael, California", filed for record August 16, 1946 in Volume 6 of Maps, at Page 16, Marin County Records, more particularly described as follows: License Area 1 Beginning at a 5/8 inch iron pipe with cap stamped "RCE 17923" at the angle point in the northerly right of way line of West Crescent Drive, also being the most southwesterly corner of Lot 10 of above said subdivision, thence along the northwesterly right of way line of West Crescent Drive North 74°12'28" West 6.00 feet; thence South 15°47'00" East 1.50 feet; thence South 76°30'14" East 94.06 feet to the Point of Beginning. Containing 5 sq.ft., more or less License Area 2 Beginning at a 5/8 inch iron pipe with cap stamped "RCE 17923" at the angle point in the northerly right of way line of West Crescent Drive, also being the most southwesterly corner of a Lot 10 of above said subdivision, thence North 74-04'00" East 88.98 feet to most southeasterly corner of above said Lot 10; thence continuing along the northerly right of way line of West Crescent Drive North 74,04'00" East 5.00 feet; thence leaving said northerly right of way line South 15=56'00" East 4.00 feet; thence South 76 30'14" West 94.06 feet to the Point of Beginning. Containing 188 sq. ft., more or less EXHIBIT "A" Page 2 LINE DRIVEWAY WEST PLAN V11K i 000 { 10'-0" � 3'-111' i �• EAST -WEST PROPERTY LINE f TW 104.42 TW 04.42 TW 103.8 TW 103.26 J TW 03.84 TW 103.21 TW 102.68 102.68 TW 102.51 102.51 DRIVEWAY as as a a 4 — al a BW 100.5 BW 104.42 BW 104.42B 99.84 1 BW 99.84 BW 99.26 BW 98.68 J' BW 98.51 l BW 99.26 BW 98.68 ELEVATION: NOTES: 1). CONCRETE RETAINING WALL SHALL NOT EXCEED 4'-0" AT ANY POINT. 2). TW=TOP OF WALL. HEIGHT SHOWN IS MAXIMUM HEIGHT OF VISIBLE WALL MEASURED FROM ASPHALTIC PAVING OR FINISHED SURFACE AT BOTTOM OF WALL. 3). RETAINING WALL STEPS DOWN IN INCREMENTS OF 7" TO FULFILL HEIGHT REQUIREMENT & ONE STEP OF 2". 4). PLEASE REFER TO EXHIBIT A - PLAT OF LEGAL DESCRIPTION OF AREA LISTED IN REVOCABLE LICENSE AGREEMT, PAGE 1, FOR ADDITIONAL INFORMATION. 5). DIMENSIONS SHOWN IN PLAN VIEW ARE FROM THE EAST -WEST PROP. LINE TO THE FACE OF WALL OVER THE PROP. LINE AND FROM THE NORTH -SOUTH PROP. LINE TO THE FACE OF THE EXISTING DRIVEWAY WALL. WANBERG ASSOCIATES 91-95 WEST CRESCENT DR. SAN RAFAEL,CA SCALE' 3132"=1'-0" , 5 VALLEY ROAD, SAN ANSELMO, CA 94960 VERTICAL EXTENTS DATE. 5292017OF RETAINING WALL TEL. 415-260-8055 DWGNO,EXTENTS-EAST e-mall: richard@wanbergassociates.com VERTICALEXTENTSEAST EAST SECTION JOB NO' eAFtCEW5KI RES Page 1 -r-8-1 13'-3" 3 $, N � 7 O , EAST -WEST PROPERTY — LINE P.O.B. - - --I PER EXHIBIT'A' - WEST CRESCENT' PLAT OF LEGAL PLAN VIEW: DESCRIPTION OF AREAS LISTED IN REVOCABLE LICENSE ; AGREEMENT TW 104.42 TW 104.42 a DRIVEWAY BW 101.92-' BW 100.92 ELEVATION: NOTES: 1). CONCRETE RETAINING WALL SHALL NOT EXCEED 4'-0" AT ANY POINT. 2). TW=TOP OF WALL. HEIGHT SHOWN IS MAXIMUM HEIGHT OF VISIBLE WALL MEASURED FROM ASPHALTIC PAVING OR FINISHED SURFACE AT BOTTOM OF WALL. 3). RETAINING WALL STEPS DOWN IN INCREMENTS OF 7" TO FULFILL HEIGHT REQUIREMENT & ONE STEP OF 2". 4). PLEASE REFER TO EXHIBIT A - PLAT OF LEGAL DESCRIPTION OF AREA LISTED IN REVOCABLE LICENSE AGREEMT, PAGE 1, FOR ADDITIONAL INFORMATION. 5). DIMENSIONS SHOWN IN PLAN VIEW ARE FROM THE EAST -WEST PROP. LINE TO THE FACE OF WALL OVER THE PROP. LINE AND FROM THE P.O.B. ON THE PROP. LINE (AS SHOWN ON EXHIBIT A (SEE ABOVE) TO THE FACE OF THE EXISTING DRIVEWAY WALL. WANBERG ASSOCIATES 91-95 WEST CRESCENT DR. SAN RAFAEL,CA SCALE3/32"=i'-o• VERTICAL EXTENTS DATE. 5-29-2017 5 VALLEY ROAD, SAN ANSELh10, CA 94960 TEL. 415-260-8055 OF RETAINING WALL DWG NO VERTICAL EXTENTSEAST e-mail: richard@wanbergassociates.com WEST SECTION JOBNO: BARCENSKIRES Page 2 WIDTH 8„ VARIES 3,_8„TO 6'-10” Mw 4/-0// 42" GUARD RAIL AT F PROP. LINE �=; -111-I I1=111^111=1 I =1 I -1 -I I l� � it I El 11� � �1I111 1111;11_11111=1I I= 3:1 SLOPE BETWEEN PROP. LINE & RETAINING WALL W ORNAMENTAL PLANTING CONCRETE RETAINING, MAX. HEIGHT 48" 4" PERF PIPE W/12"W'" DRAIN ROCK IN A 18" SQ. MIRAFI 140 NC FILTER BLANKET ATTACH PIPE TO DRAINAGE SYSTEM. 18" SQ. GRADE BEAM & 18" DIAMETER PIERS AT 14'-0" DEEP AND 8'-0" O.C. MAX. ASPHALTIC PAVING BELOW RETAINING WALL. SLOPE TO CONC. CURB & GUTTER AT STREET. SLOPE VARIES. CONC. CURB AND GUTTER SIMILAR TO DWG. NO. 105, TYPE 'A' CURB - CURB, GUTTER AND SIDEWALK DETAILS - UNIFORM CONSTRUCTION STANDARS, WEST CRESCENT DRIVE WAN BERG ASSOCIATES 91-95 WEST CRESCENT DRIVE CROSS SECTION SCALE' 3IB"=1'-0" DATE: 5-29-2017 5 VALLEY ROAD, SAN ANSELMO, CA 94960 TEL. 415-260-8055 OF RETAINING WALL CONSTRUCTION & MATERIAL DWG NO, E%HIBIT'C' WALL CROSS SECTION e-mail: rlchard@wanbergassocia[es.com JOB NO: BARCEWSKI RES RAN RAFAFI C:AI IFnRNIA Page 1