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Agenda Item No: 13
XK11 OWN I IF-TH W11 11-111 I'll of
Prepared by: City Manager Approval:
Director of Public Works
SUBJECT:
Agreement for Emergency Public |nQnsaa and Eormoo Across APN 15-061-13 (Lonotein) Between Sienna
Way and Glen Park Avenue.
RECOMMENDATION:
Approve agreement and authorize the Mayor and Clerk toexecute same.
BACKGROUND:
In 1989. the City of San Rafael and Roderick P. Martinelli entered into o license agreement whereby K8c
Martinelli agreed toallow the City emergency ingress and egress across his property. Mr. yWarbne||i'o
property |ioa between Glen Park Avenue and Sienna Way and would provide a second exit from the
Mountain View Avenue area to be used during emergencies or if Mountain View Avenue should ever be
blocked.
The Martinelli property has been sold to Mr. and K8nS. Ronald Lanoten. The CUv, in agreement with yWc
and Mrs. Lanstein, wishes to continue the license agreement.
FISCAL IMPACT:
OPTIONS:
1. Agete may be installed by Licensee and remain locked at all dnneo, other than those times when
Licensee is using such property for emergency access.
2. The license agreement may be terminated by either party upon giving ninety days written notice.
ACTION REQUIRED:
Approve Agreement and authorize the Mayor and Clerk to execute same,
Enclosures (3)
1. Letter from Fred Vlnoenhwith Lenobeino'Approval
2. Resolution
3. Agreement
FOR CITY CLERK ONLY
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Council Meeting: /4 1!2±lq7
Disposition: (7-72-7
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LICENSE AGREEMENT
FOR EMERGENCY PUBLIC INGRESS AND EGRESS
THIS AGREEMENT is made this 201h day of January, 1998, by and between RONALD J
AND SONDRA M LANSTEIN (hereinafter '`Licensor") and the City of San Rafael, Marin County,
California (hereinafter "Licensee").
RECITALS
WHEREAS, Licensor is the owner of that certain parcel of real property, known as Marin
County Assessor's Parcel No. 15-061-23, located in the City of San Rafael, County of Marin, State of
California, a portion of said parcel more particularly described in Exhibits A and B attached hereto and by
this reference incorporated herein; and
property,
WHEREAS, Licensee desires to obtain permission to perform certain acts upon Licensor"s
NOW, THEREFORE, it is agreed as follows:
GRANT OF LICENSE
1. Licensor hereby grants to Licensee a license of emergency access, for ingress and egress across
Licensor's property described in Exhibits A and B.
2. Licensee may install a gate across said property on Sienna Way, which gate shall remain locked at all
times, other than those times when Licensee is using such property for emergency access.
3. This license is personal to Licensee, and is non -assignable,
4. This license may be terminated by either party, by giving ninety (90) days written notice to the other
party, Upon such termination, the gate described in Paragraph 2 above shall be permanently secured, so as
to preclude future access across Licensor's property.
5. Upon sale of property, Licensor or agent shall give written notice of such sale to City.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year
first above written.
LICENSOR:
LINCENSEE:
Approved as to form:
7:
City= Attorney
RONALD J I;AXSTEIN
SONDRA M LANSTEIN
THE CITY OF SAN RAFAEL
By
a or
Attest:
City Clerk
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CITY OF SAN RAFAEL + CALIFORNIA
Public Works Department
INTER -DEPARTMENTAL MEMORANDUM
January 20, 1998
rV1W1W.11M,03fflV=
TO: Jeanne M. Leoncini, City Clerk
FROM: Cheng Yeo, Assistant Engineer.
SUBJECT: Lanstein's License Agreement for Mayor's Signature,
This license agreement for emergency public ingress and egress, from the Lansteins
to the City, was approved by the City Council on October 20, 1997, under Resolution No.
9937. It was discovered, after Council's approval, that the assessor parcel numbers (APN) ;&5 1
mentioned in the agreement, was non-existence because the APN of that said parcel was
merged with an adjacenet parcel on October 1993 to becomes APN 15-061-23.
Under the advice from the City Attorney Office, the license agreement was revised Y "1 0 1. 11 10 1103
to reflect the correct and current assessor parcel numbers. The revised license agreement
was reviewed and re -executed by the Lansteins. The City Attorney Office approved the
agreement as to form and recommended that the revised license agreement do not have to
be resubmitted for City Council's approval.
Enclosures (2):
(1) Resolution No, 9937 and license agreement.
(2) Revised license agreement (3 sets) for Mayor;'s signature.
Cc: Eric Davis, Deputy City Attorney,
Sheila Delimont, Acting Community Development Director.
David M. Bernardi, Public Works Director.
'And ®r
11
,10
RESOLUTION NO, 9 9 3 7
Its V on W Iti VA ham -
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, in 1989, the City of San Rafael and Roderick P Martinelli
entered into a license agreement allowing the City ingress and egress across his property;
and
WHEREAS, Mr. Martinelli's property has been sold to Mr. and Mrs.
Ronald Lanstein and lies between Glen Park Avenue and Sienna Way (APN 15-061-13)
and,
WHEREAS, the Lansteins are willing to enter into a license agreement to
continue ingress and egress across their property to provide a second exit from the
Mountain View Avenue area to be used during emergencies or if Mountain View Avenue
should ever be blocked.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Rafael that said license agreement be approved and executed by the Mayor and City
Clerk of the City of San Rafael.
C 0 P
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Al
011ml-, 1, 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 Council of said City on the 20t' day of October, 1997, by the following vote, to wit:
AYES: COUNCILMEMBERS:
Cohen, Heller, Miller, PhillQip & Mayor Boro
NOES: COUNCILMIEMBERS:
None
ABSENT: COUNCILMEMBERS:
None
F
JEANNE M. LEONCiN4,-
X,
