HomeMy WebLinkAboutResolution No. 6428 (Bahia De Rafael HOA Easement)RESOLUTION NO. 6428
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
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
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BAHIA DE RAFAEL HOMEOWNERS ASSOCIATION (GRANT OF EASEMENT)
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 introduced
and adopted at a regular meeting of the City Council of said City held
on Monday the 1st day of November
1982, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
J M. LEONCINI, CITY CLERK
FILE
GRANT OF EASEMENT
Preamble
This Agreement made this 1st day of November , 1982
by and between Bahia de Rafael Property Owner's Association, herein
referred to as "Grantor", and the City of San Rafael, hereinafter
referred to as "Grantee."
Recitals
WHEREAS, Grantor is the owner of certain real property
commonly known as the Common Area of Bahia de Rafael Unit 2, San
Rafael, State of California, hereinafter referred to as the "Servient
Tenement," and described in the County of Marin Assessor's Map Book
9, page 25; and
WHEREAS, Grantee desires to acquire certain rights in
the Servient Tenement;
NOW THEREFORE, it is agreed as follows:
Grant of Easement
1. Grantor hereby grants to Grantee an easement as
hereinafter described.
Character of Easement
2. Theeasement granted herein is an easement in gross.
Description of Easement
3. The easement granted herein is an easement for public
recreational uses, specifically for three par course stations.
Location
4. The easement granted herein occupies all or a portion
of those certain Pacific Gas & Electric Company easements recorded
in Book 148 of Deeds at page 235 and in Book 780 of Official Records
at page 180, Marin County Records, all as shown on that certain
map entitled "Map of Bahia de Rafael Unit 2", recorded August 28,
1972 in Volume 15 of Maps at page 33, Marin County Records.
Automatic Termination
5. In the event said easement granted to Grantor is no
longer used for public recreational purposes for a portion of a
par course, this easement shall automatically terminate.
IN WITNESS WHEREOF, the parties hereto have executed the
day and year first above written.
ATTEST:
A.
City Clerk
APPROVED AS TO FORM:
k) va771i��,
City Attorney
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GRANTOR:
President
Bahia de Rafael Homeowners
Association
GRANTEE:
Mayor of San Rafael