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HomeMy WebLinkAboutCC Resolution 6994 (Open Space)RESOLUTION NO. 6994 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT AND ACCEPTING CORPORATION GRANT DEED THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with Llarin County Open Space District to purchase 42.83 acres of land in Sun Valley from The Trust For Public Lands, and accepting Corporation Grant Deed, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro- duced and adopted at a REGULAR meeting of the City Council of said City held on MONDAY the 17TH day of DECEMDER , 19 84 , by the following vote, to wit: AYES: COUNCILME11BERS:Breiner, Nave, Russom and Mayor �iulrya,n NOES: COUNCILMEA1BERS:None ABSENT: COUNCILME1IBERS : Frugoli JEkINE M. LEONCINI, City Clerk OPTION TO PURCHASE AGREEMENT THIS AGREEMENT, made and entered into this AO( day of �pJ 1984, by and between THE TRUST FOR PUBLIC LAND, a non-profit California Public Benefit Corporation, herein referred to as "TRUST," and the MARIN COUNTY OPEN SPACE DISTRICT, a political subdivision of the State of California, herein referred to as "DISTRICT," and the CITY OF SAN RAFAEL, a municipal corporation of the State of California, herein referred to as "CITY" and/or "DISTRICT/CITY." W I T N E S S E T H: WHEREAS, "TRUST" is the owner of that certain real property situate in the County of Marin, State of California, more particularly described in Preliminary Title Report Number 59256 PH issued by California Land Title Company of Marin and by reference incorporated in and made a part of this Agreement as Exhibit "A" hereof; and WHEREAS, DISTRICT/CITY desire to enter into an Option to Purchase Agreement and TRUST is willing to enter into said Agreement for the consideration and upon the terms and conditions hereinafter set forth. 1. Property to be Purchased. On the terms and subject to the conditions set forth in this Agreement, TRUST agrees to sell and convey to DISTRICT/ CITY the property described in Exhibit "B" and depicted on Exhibit "C" as said exhibits are attached and made a part hereof by reference, comprising approximately 42.83 acres of land described as Assessor's Parcels 177-240-14 and 20, and DISTRICT/ CITY agree to purchase said property from TRUST under the terms and conditions hereinbelow. 2. Purchase Price. The purchase price of the properties described herein shall be the sum of ONE HUNDRED EIGHTY-EIGHT THOUSAND DOLLARS ($188,000.00) payable contemporaneously with delivery of a deed -1- ,-��- ,mss -, to DISTRICT/CITY subject to the terms and conditions provided herein. Title insurance premium, if any, revenue stamps on conveyance, recording fees and other escrow costs shall be borne by DISTRICT/CITY. Taxes shall be prorated and paid by SELLER as of the date of closing of escrow. Evidence of title shall be in the form of a standard owner CLTA policy of title insurance issued by the escrow title company hereinabove mentioned. Real estate commissions will not be paid by TRUST or DISTRICT/CITY. 3. Condition of Title. TRUST shall convey said property to DISTRICT/CITY subject to the terms and conditions provided herein by Grant Deed, free and clear of all liens and encumbrances, taxes and assessments, penalties and costs, leases (recorded and un- recorded), easements, rights-of-way, bonds and any and all restrictions and reservations of record other than exceptions numbered 4, 5, 6, 7, 8, 9 and 10 contained in the above- mentioned Preliminary Title Report as Exhibit "A". 4. Term of Agreement. (a) DISTRICT/CITY will acknowledge this Agreement within sixty (60) days of the date herein- above written. (b) If DISTRICT/CITY should not acknowledge this agreement within said sixty (60) day period, then this Agreement shall be terminated and will be of no force and/or effect, all with- out liability to either party. (c) During this total time period of sixty (60) days, Paragraph 4 (b) above of this Agreement shall constitute an irrevocable offer by TRUST to enter into this Agreement with DISTRICT/CITY. 5. DISTRICT/CITY agree at their sole expense, to perform all necessary survey functions and to prepare all deeds -2- and/or documents which will be required to purchase the herein described property. 6. DISTRICT/CITY and TRUST have set forth the whole of their Agreement herein. The performance of this Option to Pur- chase Agreement constitutes the entire consideration for said real property acquisition and shall relieve DISTRICT/CITY of all further obligations or claims on this account. 7. This Agreement shall run with the land and shall in- ure to the benefit of and be binding upon the successors and assigns of the TRUST and DISTRICT/CITY. 8. TRUST and DISTRICT/CITY agree that time is of the essence under this Option to Purchase Agreement. IN WITNESS WHEREOF, the parties hereto caused this Agree- ment to be duly executed the day and year first above written. THE TRUST FOR PUBLIC LAND, a non -prof- ca-lifor-nia Public Benefit pq�at..oN 12 By - Date %�4J � Z`t, rSSi DISTRICT/CITY: MARIN COUNTY OPEN SPACE DISTRICT Presi ent, ard of Directors ATTEST : �.5�' �,_ '� Z'L �- Secretary Date: I Z- f CITY OF SAN RAFAEL r"��.=a�' i.�.,�c.�.t�` �...- ^�� rel-•�,�.....� 1� Mayor City er Date : / APPR VED AS TO FORM: -3- ity Attorney California Land Title Company of Marin ! . California band Title Company of Marin 851 IRWIN AT THIRD • P.O- BOX 711 • SAN RAFAEL, CA 94915 • (415) 454-9323 1704 NOVATO BLVD. • P.O- BOX 845 • NOVATO, CA 94947 • (415) 897-5157 650 EAST BLITHEDALE AVE. • MILL VALLEY, CA 94941 e (415) 383-8410 PRELIMINARY REPORT PAUL HICKMAN PROPERTY REFERENCE l wrow Officer: November 9, 1984 (Pkuu° (uiilu,nU Dale: 59256 PH SUPP Assessor's Parcel Na Our No. 177-240-14,20 Your No. County of Marin Buyer: Dated as of..—November 5 19..84.. at 7:30 A.M. In response to the above referenced application for a policy of title insurance hereby reports that is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein, hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: 1. California Land Title Association Standard Coverage Policy I ix 2. American Land Title Association Owner's Policy Form B IJ 3. American Land Title Association Residential Title Insurance Policy L _ 4. American Land Title Association Loan Policy O Title O�icer, - Issuing Policies of lawyersTTtleInsurance Corporation ezfx,lZ d I I- IA SCHEDULE A Order No. 59256 PH SUPP The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: The Trust for Public Lands, a non-profit California public benefit corporation The land referred to in this report is situated in the State of California, County of Marian and is described as follows: DESCRIPTION- ATTACHED DESCRIPTION jgLL THAT CERTAIN REAL PROPERTY situate in the County of Marin, State of California, more particularly described as follows: PARCEL ONE: BEGINNING at a post marked "T.tv,1.2." at the northwesterly corner of that certain tract of land which was conveyed by Henry A. DuBois Jr., to the Mount Tamalpais Cemetery by Deed dated July 6, 1880 and recorded in Book "U" of Deeds, at page 554, Marin County Records, which said corner is Station 2 of the survey of the Rancho San Pedro Santa Margarita y Las Gallinas and bears north 110 15' east (along the boundary of said rancho survey) 70 chains and 20 links from an artificial mound of stones on the summit of the hill know as "Red Hill" which said stone mound is the place of beginning of the final survey of said rancho;running thence along the boundary of said rancho south 110 15' west 1402.2 feet to an iron pipe; thence leaving said boundary line and crossing and subdividing the so-called "Mount Tamalpais Cemetery Tract", North 76° 44' east 970 feet to an iron pipe; and south 56° east 799.1 feet to an iron pipe set in the easterly line of: last mentioned tract and the westerly line of the lands formerly owned by Alexander Forbes; thence along said line north 340 east 1000 feet, more or less, to the boundary of the lands heretofore owned by Lucas; thence along the southerly boundary of said Lucas Ranch; north 650 30' west 2,058.0 feet, more or less, to the point of beginning. EXCEPTING THEREFROM that portion of lands therein described in Parcel One; BEGINNING at the east corner of that certain parcel of land described in the Deed from P.D. Apfelbaum, et ux, to Ellabee Development Corporation, recorded May 11, 1965 in Liber 1939 of Official Records, at page 36, Marin County Records; running thence along the Southereasterly boundary line of said Ellabee parcel south 340 08' 1.1" west 80.00 feet thence leaving said Ellabee boundary line and running north 310 29' 31" west 128.35 feet to the northeast boundary line south 680 53' 02" east 120.00 feet to the point of beginning. PARCEL TWO: ANY Right, Title, or Interest, if any, in that certain street and utility easement across the following described parcel of land, as conveyed by Carlos R. Freitas, et al, to Carl A. Roy, et al, by that certain Access Agreement recorded December 24, 1962 in Book 1643 of Official Records at page 529, Marin County Records. AN EASEMENT for roadway and utility purposes over a strip of land 54 feet in width lying 27 feet on each side of the following described center line. BEGINNING at a point on the southerly boundary of the lands heretofore owned by Lucas, which point lies north 65° 30' 00" west 200.00 feet from the most westerly corner of the property conveyed to Thorinson Construction Corporation, by Deed recorded December 17, 1952 in Liber 780 at page 483, Marin County Records; thence leaving said Lucas Ranch boundary and proceeding north 60000' 00" east 59.50 feet; thence easterly on a curve concave to the southeast tangent to the preceding course having a radius of 200.00 feet, -through a central angle of 56° 30' 00" for a distance of 197.22 feet; thence south 620 30' 00" east, 14 feet more or less to a point on the northwesterly boundary of said Thorinson property (780 Liber 483), which point lies north 34° 23' 00" east, 128.41 feet more or less from the hereintofore mentioned most westerly corner of the Thorinson property (780 Liber 483) said point being -the westerly terminuis of that certain easement conveyed by Alan M. Kay, et ux, to Carl A. Roy, et ux, by Deed recorded December 6, 1962 in Liber 1637 of Official Records, at page 387, Marin County Records. Pana 3 nf (, PnaPe PARCEL THREE: AN EASEMENT for the purpose of laying down, repairing, replacing and generally using a water main pipe or pipes over and along a strip or parcel of land 5 feet on each side of the following described line: BEGINNING AT A STAKE SOUTH 340 west 11.5 feet and north 650 30' west 871.2 feet from the section monument known as "E5" thence south 340 west 872 feet; thence south 650 west 100 feet, more or less, to Willow Avenue; thence southeasterly along said Willow Avenue to the Main entrance of the tract know as "The Mount Tamalpais Cemetery Tract". BELti1G the same right of way reserved in the Deed from Henry A. DuBois to the Mount Tamalpais Cemetery, a Corporation, recorded July 8, 1830 in Liber "U" of Deeds, at page 554, Marin County Records. Page 4 of 6 Pages SCHEDULE B Order No. 59 256 PH SU PP At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this report would be as follows: 1. General and special County and city taxes for the fiscal year 1984-1985 The herein described property is not presently assessed taxes due to the fact that the vestee herein is an exempt body; however if said property is conveyed to a taxable entity said property may be assessed taxes for the remainder of said fiscal year. 2. A sale to the State of California for general and special taxes for the fiscal year 1983-1984 and subsequent delinquencies. Amount to redeem prior to November 30, 1984 is $993.60. Tax Sale No. 25310-9 & 25320-2 of 1984 3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 498, Statutes of 1983 of the State of California. 4. An easement affecting the portions of said land and for the purposes hereinafter stated, and incidental purposes as provided in the following deeds: A) Recorded December 1, 1913 in Book: 156 of Deeds at page 435, Marin County Records B) Reccrded December 4, 1913 in Book 156 of Deeds at page 471, Marin County Records C) Recorded October 6, 1919 in Book 207 of Deeds at page 224, Marin County Records For: Water run off and surface drainage Affects: All of Parcel One 5. Terms, Covenants, Conditions and Provisions contained in that certain "Judgment and Decree" under Marin Superior Court Case No. 6677 entitled, "E. Blois Du Bois, plaintiff vs. The Mt. Tamalpais Cemetery, Defendent", recorded August 5, 1924 in Book 52 of Official Records at page 280, Marin County Records 6. An easement affecting the portions of said land and for the purposes hereinafter stated, and incidental purposes In Favor of: Pacific Gas and Electric Company, a California Corporation Fo': Pole line purposes Affects: A Northeasterly portion Recorded: April 13, 1949 in Book 610 of Official Records at page 387 Marin County Records Said easement includes the right to trim trees along the route thereof. 7. An easement auecting the portions of said land and for the purposes hereinafter stated, and incidental purposes as provided in the instrument Recorded: December 11, 1956 in Book 1079 of Official Records at page 137 Marin County Records For: Pipeline and water tank Affects: Easterly line 8• Access Agreement executed by and between Carl A. Roy, et ux and Carlos R. Freitas, et al, recorded December 24, 1962 in Book 1643 of Official Records at page 529, Marin County Records 9. Effect of Declaration of Denial of Easement recorded February 16, 1965 in Book 1911 of Official Records at page 168, Marin County Records 10. No assurance is given as to access to a public roadway C -k- AIN-aF T+TL E: Title of the vestees herein was acquired six months or more preceding the date hereof. t• n nm N % This plat is for your -aid in Iccatin; your land with references to strezts ami of ,. m parcels. It is net a Survey. While this rant is believed to to carnet, !lin ce l a assumes no lizbilit, for any Ics, occurr;ng by re: s.n o? re nca ;.._.__... C AL1FOPI A LAND TITLE COM. -PAN), OF 851 IRV/11'•1 co TF!!PD SAIJ RAFAEL, CALIFORNIA 94?01 Ln O m m uiK=J ' , a �-4' - --, 'lip- ••" QT .� 10 r ©° N I.X mca cn w Z, C C) oc.,Nomo O ' o, Mo ;U Z3 n tn C tD m x D D W Cl) � 1 1 M ,1 r^ W w� o m Onm W cD 1 c'] w o C o� . '. Z cr Ln O m m uiK=J ' , a �-4' - --, 'lip- ••" QT .� 10 r ©° N I.X mca cn w Z, C C) oc.,Nomo O iS irl" a1RILI '"017C' AN f°1J d i`1;:, s. 'A.-�n�<?1 Jura 1. CALIFORNIA UU14D TYLE f=1630(_'IATI01N I, TA-tIDA;! D Ct' )\/Ei,?A(3,F perLl("_1Y - 1973 rr)is r-,%cy Cites not Insure against Io::; of damage, n( -,r aclailsi costs s -S or ,"•Filr�nSE.'S. any of Cil CA ` rl,C11 arise oy if+ason of the following: Pal', I lazes �, ass=;ssrllentz which are not shown as existing cif --.n- Jry ',no records of any taxing authority Boal le'.'es laq.•s c,A rssossnlert!s on real property or by the public record: Proceedings by a public agency which may result in tayps ..-It at.sessrnunts, or notices of such procee•dings, whethef or not shown by the. records of such agenc; or by the public rec:unls 2 Any facts, rights inlerests or clalrns which are not snown by -e public records but which Cowa be ascertained by an In ,pacfion of 'he :and or by making inclulry of persons ,1-1 pas .,,ssion th=eor Easements liens or encumbrances. of claims iheieof, which are •lot shcrr'n by the public records. •J tAscrepancles conflicts in boundary Imes shortage in area •t'nr'foachrrerlts. or any other facts which a correct survey would cl!sclose, and which ore not shown by the public records :; (a) Unpotc-nte-d mining claims: (b) reservations or excep- ,,a:n5 In palents or In Acts authorizing the issuance `hereof: (c) r;aler rights. claims or title to .voter r• 'V1v right, 1 tle, Interest, estate or easement in Land br,vonct 'he lines of the area specifically described or referred to In S,_Il,?dole A., or in a!:?utting sheets, roads, avenues, i111Bys, limes, .nye or watefwoys, but nothing in this paragraph shall modify or ,,mit The extent to v,'hich the ordlnory right of cn abutting owner for access to a phvsicolly open street or hiah'.vay is insured by this f'•OI k= y 7 Air y 'aw. ordinance ars governmental regu!aflon ( including vi bul ol irrrtited to building and zoning ordinances) restricting or :caul•..lhn.g c•1- pic hIb11Tr.•_) the occupancy, use or enjoyment of the anc, or regulating the charactrr, dimensions, or location of any In-lr-rovement novs of hereafter erected on the load, or prohibiting (l separation in ownership or a re=duction in the dimurisions cr area of the iand, or IIx: effec'I of 01-11; 'solation of any such law .Cf(:1i=las,':? •;71- gc-ve-nrrj(.j,iai regulati0il. Righis of eminenf r::omoin a gc a,ennnlerdal rights of pollee Pc ­ '._X naiire of the exerrlsc° of such rlghts appeals ,n the ptJblIC records o Defects. liens, encumbrances, adverse claims. or other maliers 'a) created, suffered assumed or agrc-&d to oy the Insured cielrnoni (b j not shown by the public records and not otheevlse ecr•luded tror'n coverage but kriown to the insured claimant either at Date of Policy or at the date su(_h claimant acquired an estate or interest Insured by ihls policy .,r acquired the Insured mortgage and not disclosed in writing by the insured claimant lo the Company prior to the date such insured claimant became a.) insured heiounder, (c) resulting in no loss of damage to 'he Insured claimant; (d) altaching or created subsequent to Dale of Policy: or (e) resulting in toss or damage which would riot have, been sustained if the insured claimant had been a pur- Ch(")Sot or unculTibiancer far vall:e without knir.vAedge 2. AMERICAN LAID YITLE ,16SDIC'IATION C'3WNEWS POL?C'II' RDrRMid B — '1970 (AKAEINDE: D 0— 17 - 7 0) SCHEDULE OF EXCLUSIONS FRON11 COVERAGE Ar,v ,ay. -,u_ nanc,= or .jrve.mrri, rita regulaflon (including but net Irnliled la buildtn;) and ?oning ooa:nances) restricting or rcxgulating or ; (ONrilt If qJ '!'1-r ocCupan-, .:,i eribyrrient of the iand or regulating the chtuncrer dirnere;icn; t;f t( :r�li,;n of any irnprr,;:=,n of ncv or dre•]t c•1- rare fea on ih, land or :(Cdlll:7liing 0 SeC•alatlCtrl Ill awnefshlp of a ret lUC hr71 til tflr' din-Kifrf'•v IF -S of af<<] of ih,; Ian,; (_r the l-'f(Gct f gin; v.(Jt, •r cf ark . uc! ;J , , 1-i;finance or g0voinmerrol r +�)ulatr n gilt cl ernln,=f,' ck1 ?IOir• of rt,,',:,:mroentcll ti,rlts of poi (.,C? pn',F,r url "•, nt•`„ r, r If„ -. '.,,'•1-r I.e 1-.l sir, h 1-i';tus al,r..r•'tr, ,r. nlr? pl.11';ic of r'ol„ %eiaCf, n.,1-} f.ncur,.branc(-•s -t jv,jisc, !_ laln!s „r ulnef ri,ntfers 1-r;; ;:t -Ft + • ,i `•t. hir•”, as`,ui'ro:�-. t7��rc,�r! i1-. ".,; I!'It- .,, :1 ,aa�nlant r • I,nc .' f :. }h,v - r,t-xar' ar,d -,. ' Shi:•,;, , t -y tt•,r, ;,.kbllc' rnr C'V(IS f"L tl 1•• r-': T. !t i,,- 1-f ,'illi, •'-1 I;"7,r1 ,l f1- •I � tf 1 '.• . hrl at I )1-J , • ' .,P., Of (Jf 1111-: :=sic• soot l,rnar I a, r I .,',a an r's'ca:,, or nli;rf • I !,; !t1- ;-v.i,cv am i if(,: t• , I, ,, •, 1 tt:=. irsurr-rt r.h,Iiu,anl t1-, U • 1-r;,,u I Jr,; prior "lt ,Iaie•.,nr'ir,Iln•,: Klin„'nU,.•,',triIt? Or” _-t,1-,',11•,•I,J,nI•lr,r r1-c5ulrntt1-,(,. L.• ..r r'.rn1•ttt!tr•ri:lirr I�r.,1. i 1 I I,uChn,c`1 ,I LIe(:'r, vi uibba CjL:C'n1 f, ; l�;tt • of n',nr' , (e) rt -9l Hing In lo[,s of Clan,( 1('11- ! „' t • ,• -'ul• i • ., .I hriv., 1 ,',. •r, .i CSL I!, rcI If 'ho it r,. jr, •d r 1=],r nartt h( ],-I f01 !h,' ° st,.Jt, o Ir -t,_1-,'::• 116L.1r';71 by It1,5 p,)liCy +Ttill,_?d(_�i(•fJfii7ri5i.itll v'-+,trr; +,r r,wf:tri4�t•,,r�i.a•'.;.},•1 ALL THAT CERTAIN REAL PROPERTY situate in the County of Marin, State of California, more particularly described as follows: PARCEL ONE: BEGINNING at a post marked "T.M.2." at the northwesterly corner of that certain tract of land which was conveyed by Henry A. DuBois, Jr., to the Mount Tamalpais Cemetery by Deed dated July 6, 1880 and recorded in Book "U" of Deeds, at page 554, Marin County Records, which said corner is Station 2 of the survey of the Rancho San Pedro Santa Margarita y Las Gallinas and bears North 110 15' East (along the boundary of said rancho survey) 70 chains and 20 links from an artificial mound of stones on the summit of the hill known as "Red Hill" which said stone mound is the place of beginning of the final survey of said rancho; running thence along the boundary of said rancho South 110 15' West 1402.2 feet to an iron pipe; thence leaving said boundary line and crossing and subdividing the so-called "Mount Tamalpais Cemetery Tract," North 760 44' East 970 feet to an iron pipe; and South 56° East 799.1 feet to an iron pipe set in the easterly line of last mentioned tract and the westerly line of the lands formerly owned by Alexander Forbes; thence along said line North 340 East 1000 feet, more or less, to the boundary of the lands heretofore owned by Lucas; thence along the southerly boundary of said Lucas Ranch; North 650 30' West 2,058.0 feet, more or less, to the point of beginning. EXCEPTING THEREFROM that portion of lands therein described in Parcel One: BEGINNING at the east corner of that certain parcel of land described in the Deed from P. D. Apfelbaum, et ux, to Ellabee Development Corporation, recorded May 11, 1965 in Liber 1939 of Official Records, at page 36, Marin County Records; running thence along the Southeasterly boundary line of said Ellabee parcel South 341 08' 11" West 80.00 feet; thence leaving said Ellabee boundary line and running North 310 29' 31" West 128.35 feet to the northeast boundary line South 680 53' 02" East 120.00 feet to the point of beginning. PARCEL TWO: ANY Right, Title, or Interest, if any, in that certain street and utility easement across the following described parcel of land, as conveyed by Carlos R. Freitas, et al, to Carl A. Roy, et al, by that certain Access Agreement recorded December 24, 1962 in Book 1643 of Official Records at page 529, Marin County Records. AN EASEMENT for roadway and utility purposes over a strip of land 54 feet in width lying 27 feet on each side of the following described center line. BEGINNING at a point on the southerly boundary of the lands heretofore owned by Lucas, which point lies North 65° 30' 00" West 200.00 feet from the most westerly corner of the property conveyed to Thorinson Construction Corporation, by Deed recorded December 17, 1952 in Liber 780 at page 483, Marin County Records; thence leaving said Lucas Ranch boundary and proceeding North 60° 00' 00" East 59.50 feet; thence easterly on a curve concave to the southeast tangent to the preceding course having a radius of 200.00 feet, through a central angle of 56° 30' 00" for a distance of 197.22 feet; thence South 621 30' 00" East, 14 feet more or less to a point on the northwesterly boundary of said Thorinson property (780 Liber 483), which point lies North 341 23' 00" East 128.41 feet more or less from the hereintofore mentioned most westerly corner of the Thorinson property (780 Liber 483) said point being the westerly terminus of that certain easement conveyed by Alan M. Kay, et ux, to Carl A. Roy, et ux, by Deed recorded December 6, 1962 in Liber 1637 of Official Records, at page 387, Marin County Records. PARCEL THREE: AN EASEMENT for the purpose of laying down, repairing, replacing and generally using a water main pipe or pipes over and along a strip or parcel of land 5 feet on each side of the following described line: EXHIBIT "B" Page 1 of 2 BEGINNING AT A STAKE SOUTH 34° West 11.5 feet and North 65° 30' West 871.2 feet from the section monument known as "E5" thence South 34° West 872 feet; thence South 650 West 100 feet, more or less, to Willow Avenue; thence Southeasterly along said Willow Avenue to the Main entrance of the tract known as "The Mount Tamalpais Cemetery Tract." BEING the same right of way reserved in the Deed from Henry A. DuBois to the Mount Tamalpais Cemetery, a Corporation, recorded July 8, 1880 in Liber "U" of Deeds at page 554, Marin County Records. EXHIBIT "B" Page 2 of 2 _w V r• u V L� z o � �, O o 01 n n C� 3 C �y,�:/'^� M7 w�� sErp "", `�` .` moo'' r♦ ; O 47 C z r4 11. e D cr O n its AI 0 � N ^ . „n YY y► r C v r• u V L� 4PLa + rF a ■ . ■ CV �'M• If' tea. � �y,�:/'^� M7 w�� sErp "", `�` .` moo'' r♦ ; _ IF • � r4 11. e its AI � N ^ . „n YY y► r 4PLa + rF a ■ . ■