HomeMy WebLinkAboutCC Resolution 11889 (Grant Easement; 37 Palm Ave.)RESOLUTION NO. 11889
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL APPROVING RECORDATION OF A
CORRECTORY GRANT OF EASEMENT FOR THE
CONSTRUCTION AND MAINTENANCE OF STORM DRAIN
FROM RICHARD R. JENKINS AND LINDA H. JENKINS AT 37
PALM AVENUE (APN 15-201-09).
WHEREAS, on JANUARY 26, 2000, prior to the construction of the "Olive and Palm
Avenues Storm Drain Replacement" project, the City Council of the City of San Rafael, California,
obtained a storm drain easement from Richard R. Jenkins in Doc. 2000-0005020; and
WHEREAS, the project "Olive and Palm Avenue Storm Drain Replacement" was completed
in June 8, 2000; and
WHEREAS, the easement recorded on January 26, 2000, from the Jenkins was in excess of
what Public Works required to maintain the pipeline; and
WHEREAS, a new easement description has been prepared based upon the accurate location
of the storm drain facilities on the Jenkins' property; and
WHEREAS, this new storm drainage easement description involved a minor change to the
original easement recorded on January 26, 2000, in Document 2000-0005020; and
WHEREAS, the City is required to file a Correctory Grant of Easement to replace the exhibits
in the above said recorded document; and
WHEREAS, that Correctory Grant of Easement will be in a form acceptable by the County
Recorder's Office and by the City Attorney of said City,
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of San
Rafael, California, that that certain "Correctory Grant of Easement for the Construction and
Maintenance of Storm Drain", in a form acceptable by the County Recorder's Office and the City
Attorney, will be executed by Richard R. Jenkins and Linda H. Jenkins to the City of San Rafael and
said City Council hereby directs the City Clerk of said City 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, JEANNE M. LEONCINI, 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 the 6th day of February, 2006, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANNE M. LEONCINI, City Clerk
File No.: 08.02.200
111,V , 't"16-0012028
410. 2 '. 2006
When recorded mail to: Recordeu I REC FEE 0.00
VUBu; WORKS DEER Official Records I
:F sr" RArAEI Countyof
I
City of San Rafael n
Department of Public Works JOAN C. THAYER I
111 Morphew Street Assessor -Recorder
San Rafael, CA 94901 I a
Attention: Andrew J. Preston, Director 011:34AM 24 -Feb -2006 I Page 1 of 0
(Note: Certified copy of Resolution #11889, IIII'IIIII�II'IIIIIIIII�II'I'II�'I
adopte6 by sail Ra(ael C..Ly Cuum.i1 2/ofXl, aLLadied. )
k EVlCl1`r Ff/n�L-411Va * toti15 4 ct*-Ti cA-reOr et�-
CORRECTORY GRANT OF EASEMENT FOR CONSTRUCTION AND
MAINTENANCE OF STORM DRAIN
*This document is being recorded to correct Exhibits attached to Doc. 2000-0005020 recorded on
January 26, 2000
Richard R. and Linda H. Tenkins
(hereinafter called
"Grantor" without regard to number or gender) for an adequate consideration 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 thereto 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:
Storm drain easement as shown on the legal description and plat marked as Exhibit "A" & "B" attached.
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 or
other structure or drill or operate any well within said strip of land.
The provisions hereof shall inure to the benefit of and assigns of the respective parties hereto.
WITNESS hand this,3RW day of A44a7 20 -OL. --
r
Auvl 0)
Richard R. Je J
STATE OF CALIFORNIA
COUNTY OF MARIN
0'--U-Ak-, �/� I', -
Linda H. jends
On f E621Aw 23 1.o& before me, a Notary Public in and for said
County and State, personally appeared I /IPORO le. ,7C4)t[nvS AN0 4/1upa4 Ll • ^i2A)KIA-5
aU k rrte (or proven to me on the basis of satisfactory evidence) to be the person(s)
whose name(s).ie-/are subscribed to the within instrument and acknowledged to me that ltefshe/they
executed the same in hfsf-ker/their authorized capacity(ies), and that by hisflter/their signature(s) on
the instrument the person(s), or the entity upon behalf of w'c ELIa erson s) acted, executed the
instrument. ESTHER COLETTE BEIRNE
Commission # 1423444
-m
WITNESS my hand and official seal. Notary Public - California
Moen county [
My Comm. Expires Jun 10, 2007,
Notary Public in for said County and State
-), -L� ^z3
4;i�PGIIVAL
(This area for official notarial seal )
Exhibit "A"
Storm Drain Easement
Lot 39 (1 M 4)
A storm drain easement situate in the City of San Rafael, County of Marin, State of California,
described as follows:
An easement over a portion of Lot 39, in Block 24, as shown upon that certain map entitled
"Map of Golden Meadow in Magnolia Park", filed for record September 27, 1887 in Volume
of Maps at page 4, Marin County Records, said portion being more particularly described as
follows:
Beginning at a point on the southwesterly line of said Lot 39 (1 M 4), said point bearing North
56°39'00" West, 106.57 feet from the northwesterly line of Palm Avenue as shown on said map
(1 M 4);
thence along the southwesterly line of said Lot 39 (1 M 4), North 56°39'00" West, 3.43 feet;
thence North 46°37'29" West, 68.41 feet to a point on the northwesterly line of said Lot 39 (1 M
4);
thence along the northwesterly line of said Lot 39 (1 M 4), North 40°24'00" East, 10.01 feet;
thence South 46°37'39" East, 79.60 feet;
thence South 41°39'00" East, 30.87 feet to a point on the southwesterly line of said Lot 39 (i Zvi
4);
thence along the southwesterly line of said Lot 39 (1 M 4), North 56°39'00" West, 38.64 feet to
the point of beginning.
Basis of bearings for this description is the Record of Survey recorded January 16, 1997 in Book
35 of Surveys at page 79, Marin County Records.
Prepared by CSW/Stuber-Stroeh Engineering Group, Inc.
Ronald B. Simpkins, L.S. No. 3201, Exp. 6/30/06
Date: 01/25/06 File: 4.1025.01 Checked by:_
Ron S - 4 1025 01 Palm _Ave SD wpd
Exhibit 'B"
(Corrected Plat)
Diagram
The City
on Lands
(Portion
of 5torm Drain Easement AsCc[uisitIon to
of 5an Rafael, Marin County, CA
City
of Jenkins
A.P. No. 15-20 1-09)
RECORDING REQUESTED, AND
WHEN RECORDED RETURN TO:
JEANNE M. LEONCINI, City Clerk
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
CERTIFICATE OF ACCEPTANCE
The City of San Rafael hereby accepts the attached Grant of Easement for Construction and
Maintenance of Storm Drain from Richard R. Jenkins and Linda H. Jenkins, owners of
property at 37 Palm Avenue, San Rafael, Marin County, California. A copy of the easement is
attached hereto and incorporated herein.
Resolution No. 10575 authorizing the Mayor and City Clerk to execute this Certificate of
Acceptance, was adopted by the City Council on Tuesday, January 18, 2000.
DATED: /7- �/C ' — "
ATTEST:
1L44. -
)f -ANNE M. LEONCINI, City Clerk
CITY OF SAN RAFAEL
COPY
RESOLUTION NO. 10575
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL APPROVING A CERTIFICATE OF
ACCEPTANCE OF THE GRANT OF AN EASEMENT FROM
RICHARD R. JENKINS AND LINDA H. JENKINS, FOR THE
CONSTRUCTION AND MAINTENANCE OF STORM
DRAIN FACILITES AT 37 PALM AVENUE, SAN RAFAEL
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES AS
FOLLOWS:
The City Council does hereby accept for the City of San Rafael the Grant of Easement for'
construction and maintenance of storm drainage facilities from Richard R. Jenkins and Linda H.
Jenkins, over a certain portion of their property located at 37 Palm Avenue in the City of San
Rafael.
The MAYOR and the CITY CLERK are hereby authorized to execute, on behalf of the City
of San Rafael, a Certificate of Acceptance of a Grant of Easement for the Construction and
Maintenance of Storm Drainage Facilities, from Richard R. Jenkins and Linda H. Jenkins, property
owners of 37 Palm Avenue in the City of San Rafael, County of Marin, State of California.
Copies of the "Certificate of Acceptance" and the "Grant of Easement for Construction and
Maintenance of Storm Drain", are attached hereto 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 the City of San Rafael, held on Tuesday, the eighteenth day of January, 2000, by
the following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
. ` .:
JE � M. LEONC NI, City Clerk
�r .41\4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Marin
On Jan. 24, 2000
Date
personally appeared
, before me,
Albert J. Boro
r
NANCY EURMAN D
0
®
COMM. 01086576 1
d
NOTARY PUBLIC -CALIFORNIA 0
Q ,
v v
MARwCOUNTY
My Comm. Expires Feb. 4, 2M
Place Notary Seal Above
Ss.
Nancy Eurman, Notar�r Public ,
Name and
Tr of officer (e.g., ' ane Doe, Notary Public )
Name(s) of Signer(s) '
XX personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the persont' whose name(,&}(3afsq
subscribed to the withi instrument and
acknowledged to me tha h she/they executed
the same in hi /tW;ir authorized
capacityg, %ss), and that by hi /bWtigir
signaturefs�_on the instrument the person(o, or
the entity upon behalf of which the person(
acted, executed the instrument.
WITNESS my hand and official seal.
Signatureof Notary Pu Ilc
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Certificate of Acceptance for Grant of Easement re
Jenkins property (APN 15-201-09)
Document Date: Jan. 24, 2000 Number of Pages: Five
Signer(s) Other Than Named Above: n/a
Capacity(ies) Claimed by Signer
Signer's Name: Albert J. Bo ro
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
Ill Other: Flavor
Signer Is Representing: City of San Rafael
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0 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 Prod. No. 5907 Reorder Call Toll -Free 1.600-676-6827
RESOLUTION NO. 11889
A RESOLUTION OF THE CITY C OUNCIL OF THE CITY OF
SAN RAFAEL APPROVING RECORDATION OF A
CORRECTORY GRANT OF EASEMENT FOR THE
CONSTRUCTION AND MAINTENANCE OF STORM DRAIN
FROM RICHARD R. JENE INS AND LINDA H. JENE INS AT 37
PALM AVENUE (APN 15-201-09).
WHEREAS, on JANUARY 26, 2000, prior to the construction of the "Olive and Palm
Avenues Storm Drain Replacement" project, the City Council of the City of San Rafael, California,
obtained a storm drain easement from Richard R. Jenkins in Doc. 2000-0005020; and
WHEREAS, the project "Olive and Palm Avenue Storm Drain Replacement" was completed
in June 8, 2000; and
WHEREAS, the easement recorded on January 26, 2000, from the Jenkins was in excess of
what Public Works required to maintain the pipeline; and
WHEREAS, a new easement description has been prepared based upon the accurate location
of the storm drain facilities on the Jenkins' property; and
WHEREAS, this new storm drainage easement description involved a minor change to the
original easement recorded on January 26, 2000, in Document 2000-0005020; and
WHEREAS, the City is required to file a Correctory Grant of Easement to replace the exhibits
in the above said recorded document; and
WHEREAS, that Correctory Grant of Easement will be in a form acceptable by the County
Recorder's Office and by the City Attorney of said City,
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of San
Rafael, California, that that certain "Correctory Grant of Easement for the Construction and
Maintenance of Storm Drain", in a form acceptable by the County Recorder's Office and the City
Attorney, will be executed by Richard R. Jenkins and Linda H. Jenkins to the City of San Rafael and
said City Council hereby directs the City Clerk of said City 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, JEANNE M. LEONCINI, 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 the 6th day of February, 2006, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANNE M. LEONCINI, City Clerk
File No.: 08.02.200 �'