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Home My WebLink AboutCC Resolution 4267RESOLUTION NO. 4267 RESOLUTION ACCEPTING GRANT OF STORM SEWER EASEMENT 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, be it hereby resolved by the City Council of the City of San Rafael, California, that that certain grant of right-of-way for the maintenance, repair, reconstruction and renewal of public storm sewer, executed by Manuel, Louis, and Walter Freitas, Helen Freitas Tichenor, Frances Tassi O'Mara, and rr_nrkPr Nafii nnal Rank to the City of San Rafael, dated .T„nP 99, 1972 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, MARION A. GRADY , 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 Monday the 3rd day of July , 19_.7,2__,, by the following vote, to -wit: AYES: COUNCILMEN: Barbier, Miskimen, Mulryan and Acting Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini MARION A. 'GR D -7ity Clerk (10' wide D.E. from M.T.Freitas Pkwy "Green Oaks Development" to existing drainage facilities in Butternut Drive.) GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF STORM DRAIN ROSE FREITAS ROSE: MANUEL T. FREITAS: HELEN FREITAS TICHENOR, who acquired title as Helen Freitas Wright; CARLOS R. FREITAS; LOUIS GABRIEL FREITAS; WALTER FREITAS; FRANCES TASSI O'iIARA, who acquired title as Frances Tassi Freitas; and CROCKER NATIONAL BANK, formerly CROCKER CITIZENS NATIONAL BANK, a national banking association, and CARLOS R. FREITAS, as Trustee (with the power of sale) under the last Will and Testament of Marie Freitas Crane, deceased and the Decree of Distribution of her Estate, a certified copy of which was recorded 2farch 1, 1966 in Book 2028 of Official Records, at Page 609, Marin County Records, (hereinafter called "Grantor" without regard to number or gender) 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 ingress 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: A STRIP OF LAND, 10 feet wide, lying 5 feet on either side of the following described centerline: COMMENCING at the most Southerly corner of the "Map of Terra Linda Unit 24, in the City of San Rafael, California", recorded in Book 13 of Maps, at Page 59, Marin County Records; thence along the Southwesterly prolongation of the Southeasterly boundary of said map (13 Maps 59), South 42° 00' 00" West 39.44 feet to the true point of beginning; thence North 34° 30' 00" West 11.40 feet; thence North 20° 03' 52" West 83.66 feet to a point which bears North 47° 00' 00" East 5.00 feet to a portion of the Southwesterly boundary of said "Map of Terra Linda Unit 24, in the City of San Rafael, California" (13 Maps 59) called "South 43° 00' 00" East 134.89 feet"; thence parallel to said Southwesterly boundary (13 Maps 59) North 43° 00' 00" West 50.00 feet; thence continuing North 43° 00' 00" West 30.55 feet to a point of termination on the boundary of Butternut Drive, as shown upon said map (13 ,caps 59) which point is on a curve to the left whose center bears North 11° 13' 55" East, having a radius of 45 feet, through a central angle of 25° 13' 55" an arc length of 19.82 feet to the most Westerly corner of Lot 14, as shown upon said map (13 Maps 59). The sidelines of this description shall be lengthened or shortened to extend from said Southwesterly prolongation to said boundary of Butternut Drive. 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 cr 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 �� ' day of 19^?=2— . ROSE FREITAS ROSE CARLOS R. FREITAS 4-, �-f- ,g,W,,t/✓'- ' ••^*rT m trDt;TTAS a C o. • E 0 U m v is C U E v r T 0 0 0 i u I_Z2 r�� - 4f, LOUIS GABRIEL FREITAS STATE OF CALIFORNIA COUNTY OTF ��}Marin rss. On--.! LI�i�_�6�,1912 JI ,before me, the undersigned, a Notary Public in and for said State, personally appeared,- � 1 r?'I •a`—R-os-e na �Lr _ _r -.O 8--�.��C' -Manuel T. Fra; + t_j2iL9_Gabri e]_'rpt•r1��alte _HE1en Freitag xyr eitas, r _ Ticnenor and Frances Tassi O'Mara known to me to be the person -S whose name__c r_e subscribed to the within instrument and acknowledged to m,o♦eroer.ee♦eeeeoeee•roe♦+e•er+a that th t -V i ! OFFICIAL SEAL • executed the same + RUDY L. TULIPA. !! • WITNESS tN hand and official seat, • f I"'Y Pl1uILI_ `p 4 COUNTY OF P,IAJi;Tq Signature r ! 4 MV Lummrsion Expires Aug. 7, ;L+:.l ♦4L+ti Apey♦ep.+y♦o 9+J•KrvJY vvrH••�� RLidy L. u1i i Name (Typed or Printed) (This area for official notar;al seal) STATE OF CALIFORNIA COUNTY OF Marin On _,Lune -_2.i , 19 7-9_, before me, the undersigned, a Notary Public in and for said State, personally appe-:redC-i'lOs._-R.•__F_r_tY_iaS_, T 1G ee known to me to be the person whose name _I.S-. subscribed to the within instrument and acknowledged to me that_, hp executed the same. as Trustee WITNES.$my hand and official seal. �♦ �e!tseo♦eese♦-0O♦e♦Oee+^�++• r4 ♦ ¢r' OFFICIAL SFA.L • Signature RUDY L. TULIP•1 • � ♦ ;` Nr). • COUNTY OF N1Ah7P, Rudy L. lul, pan ♦ MY Cummizsion Expires Aug. 7, 1971 > Name(Typed`drPrinted) *♦♦♦e•♦♦eee♦eey♦•e♦♦♦� f rs+i (This area far offinaY not 4PIal) STATE OF CALIFORNIA l COUNTY OF Marin iris. On June 22, 1972 before me, the undersigned, a Notary Public in and for said State, personally a eared_ h ,T gh_f fru s t dr'_s`ri�,`�'" - , known to me to be the Officer F'i'r ;-nM, and_ ame_ _Qe id.ens.t_icR er known to me to be thAssistant Trust Ofs---rlcer "S3 --CM • 7 of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and ac- knowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board °l, CFFiCIAL SEAL � directors. 4 RLI DY L. TU L I n•q :. ' s ♦ t;GtiNTY L.F WITNESSp hand and official seal. < i -AY Lurm,.>sc,u Exp.res Au 1, r I� � � � iou.r.e„O p�a•.•eye HeO••r �. .. �.+..r sr♦ Skinature Rudy. L • iii is ,gin z. Name (Typ"-d or Pri ;tr�ll (This area for oincial nai ia! seg!)