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HomeMy WebLinkAboutFD 129 Mountain View Ingress EgressC"ry 01�11. I Agenda Item No: 3.d Meeting Date: June 3, 2013 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Fire V, Prepared by: Christopher Gray, Fire Chiefs -I I /city manager Approval SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING A LICENSE AGREEMENT FOR EMERGENCY PUBLIC INGRESS AND EGRESS ACROSS A PORTION OF PROPERTY KNOWN AS 129 MOUNTAIN VIEW AVE (AP NO. 15-061-23) RECOMMENDATION: Adopt Resolution. BACKGROUND: The Agreement is a continuation of previously approved Agreements between the City and several of the previous property owners, going back to 1989. The Agreement provides for emergency access for ingress and egress across the licensors property. This access provides for a second exit from the Mountain View Avenue area to be used during an emergency or if Mountain View Avenue should ever be blocked. FISCAL IMPACT: None. OPTIONS: The City Council may choose to approve, modify, or reject the Resolution. ACTION REQUIRED: Approve Agreement and authorize the Mayor and Clerk to execute same. Enclosures (2) 1. Resolution 2. Agreement FOR CITY CLERK ONLY File No.: Council Meeting: 6,110/ ?� Disposition: PECO 4 U-/-/0AJ RESOLUTION NO. 13540 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING EXECUTION OF A LICENSE AGREEMENT FOR EMERGENCY PUBLIC INGRESS AND EGRESS ACROSS A PORTION OF PROPERTY KNOWN AS 129 MOUNTAIN VIEW AVE (AP NO. 15-061-23) WHEREAS, the license agreement is a continuation of previously approved Agreements between the City and several of the previous property owners, going back to 1989; and WHEREAS, the license agreement provides for emergency access for ingress and egress across the licensors property; and WHEREAS, the access provides for a second exit from the Mountain View Avenue area to be used during an emergency or if Mountain View Avenue should ever be blocked. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of San Rafael does hereby approve the license agreement and authorize the Mayor and City Clerk to execute said license agreement. I, ESTHER C. BEIRNE, 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 3rd day of June, 2013 by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk LICENSE AGREEMENT FOR EMERGENCY PUBLIC INGRESS AND EGRESS ACROSS A PORTION OF THE PROPERTY KNOWN AS 129 MOUNTAIN VIEW AVENUE (AP NO. 15-061-23) THIS AGREEMENT is made this ID-7,wdav of 2013, by and between Wendy K. Stark and Robert A. Stark, Trustees of the Wendy and Robert Stark Revocable Trust, dated July 28, 2001 (hereinafter "Licensor") and the City of San Rafael, Marin County, California (hereinafter "Licensee"). RECITALS WHEREAS Licensor is the owner in fee simple of that certain parcel of real property with the address 129 Mountain View Avenue, located in the City of San Rafael, County of Marin., State of California (Assessor's Parcel No. 15-061-231), a portion of which parcel is the right-of-way known as Lindview Lane described in Exhibits A and B attached hereto and by this reference incorporated herein (hereinafter "Property"); and WHEREAS Licensor wishes to grant, and Licensee desires to obtain, permission to perform certain acts upon Licensor's Property, 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 as described in Exhibits A and B (hereinafter "License"). 2. At the time of the grant of this License, there is a gate installed across said Property, which gate is secured by an iron chain with interlinking locks, and so long as such gate and locks are maintained, Licensor hereby approves Licensee's placement and maintenance of Licensee's own lock among these interlinked locks, so that Licensee may open its own lock and obtain emergency access across the Property, provided that Licensee shall relock its lock on said chain when the License's emergency access is completed so that the gate shall be secured thereafter. 3. This License is personal to Licensee, and is non -assignable. 4. This License may be terminated by either party upon giving ninety (90) days written notice to the other party, and shall be automatically terminated upon the sale or transfer of Licensor's interest in the Property to another party. Licensor shall give written notice to City of any such sale or transfer of the Property. 5. Any notice required or permitted hereunder shall be given by personal delivery or by placing such notice in the United States mail addressed as follows, and in the case of placement of such a notice in the United States mail, such delivery shall be deemed effective upon the date of mailing. To the Licensor: Wendy K. Stark and Robert A. Stark, Trustees 159 Mountain View Avenue San Rafael, CA 94901 To the Licensee: City Manager City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. A LICENSOR: Wendy 1�- Stark,,Yrustee t/c Robert A. Stark, Trustee LICENSEE: THE CITVtF SANA�kAFAEL Approved as to form: By: Robert F. Epstein, City Attorney -no Attest: 2 Phillips Esther C. Beirne EXHIBIT A (Portion of APN 15-061-23) Beginning at the most Northerly comer of that certain parcel of land conveyed by ADELIA D. DIBBLES to JORDAN L. MARTINELLI,, et ux,, by deed recorded November 26, 1940, in Liber 407 of Official Records, at Page 61, Marin County Records; Running thence from said point of beginning along the Northwesterly line of said parcel South 450 04' West 118.98 feet and South 620 20' West 74.36 feet to the most Westerly comer of said parcel- thence leaving said Northwesterly line and running North 270 40' West 50 feet, thence North 620 20' East 74.36 feet, thence North 450 04' East 118.98 feet, thence South 270 40' East 50 feet to the point of beginning. A RANCHO SAN 7'EDR0 SANTA MARGAR"A Y LAS GALLINAS EXHIBIT B Al o oV VCJE�110W OF APIN 3.40 61 -"Yj'� 1,9's Z tl cl- Eq 1.4 Ac. 15 23 _D () 1,844c. L6 1 fi U5 511 0 lb 14 ji A arcs Addn to Son Rafoei R.M. 6k. I Pg. 3 Show— N1 CITY OF SAN RAFAEL i n; -11111'v INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA/ SRCC AGENDA ITEM NO. 3.d DATE OF MEETING: June 3,2013 FROM: Christopher Gray, Fire Chief DEPARTMENT: Fire DATE: May 21, 2013 TITLE OF DOCUMENT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING A LICENSE AGREEMENT FOR EMERGENCY PUBLIC INGRESS AND EGRESS ACROSS A PORTION OF PROPERTY KNOWN AS 129 MOUNTAIN VIEW AVE (AP NO. 15-061-23) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY APPROVED AS TO FORM: AGENDA ITEM: lo vlcf�x City Manager (signature) City Attorney (signature) K.4TWTbm