HomeMy WebLinkAboutCC Resolution 10407 (Merrydale Overcrossing Project Easements)RESOLUTION NO. 10407
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING THE SIGNING OF A RIGHT OF WAY
CONTRACT FOR THE ACQUISITION OF PERMANENT
EASEMENTS FOR ROADWAY AND UTILITY PURPOSES FROM
WHLW REAL ESTATE FOR THE MERRYDALE
OVERCROSSING PROJECT.
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, the Mayor and City Clerk are hereby authorized to execute,
on behalf of the City of San Rafael, a right of way contract with WHLW Real Estate for
the acquisition of permanent easements for the Merrydale Overcrossing Project. A copy
of said contract is hereby attached and by this reference made a part of this resolution.
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 Council of said City on the 17`x' day of May, 1999, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
I�f .
JEA1V W. LE N I, City erk
Merrydale Overcrossing Project
APN: 180-12403
RIGHT-OF-WAY CONTRACT
Citv of San Rafael
THIS CONTRACT is made and entered into this 17th day of MAY ,
1999 by and between the CITY OF SAN RAFAEL, a municipal corporation, hereinafter
referred to as "CITY" and WHLW Real Estate Limited Partnership, a Delaware Limited
Partnership, hereinafter referred to as "OWNER."
WITNESSETH:
RECITALS
A. OWNER is the owner of that certain real property situated in the City of San
Rafael, County of Marin, State of California and commonly referred to as 4000 Civic Center
Drive or Assessor Parcel Number 180-124-03 (the "Property").
B. CITY desires to acquire permanent easements for roadway and utility purposes
over a portion of the Property as more particularly described and depicted in Exhibit "A",
which is attached hereto and made a part hereof (the "City Easement").
C. CITY also desires OWNER to grant an utility easement and right of way to
Pacific Gas and Electric Company over a portion of the Property as more particularly described
and depicted in Exhibit "B", which is attached hereto and made a part hereof (the "PG&E
Easement").
D. OWNER is willing to grant said easements and CITY agrees to purchase said
easements upon the terms and conditions hereinbelow.
NOW, THEREFORE, it is mutually understood and agreed as follows:
1. OWNER shall convey the easements described herein by depositing in an
escrow account with a title company designated by CITY Easement Deeds suitable for
recordation and mutually agreeable to the parties upon the following terms and conditions:
a) CITY shall deposit in escrow the sum of TWO THOUSAND FIVE
HUNDRED and '7100 Dollars ($2,500.00) payable contemporaneously with
delivery of deeds as consideration for the easements and all improvements
and landscaping therein.
1 of 3
03/02/99
b) The City Easement shall be conveyed to CITY and the PG&E Easement
shall be conveyed to Pacific Gas and Electric Company free and clear of all
liens and encumbrances, taxes and assessments, penalties and costs, leases
and licenses (recorded or unrecbrded), easements, rights-of-way, bonds and
any and all restrictions of record other than items numbered 1 through 22 in
Preliminary Title Report No. 505289 dated May 28, 1998, issued by
Fidelity National Title Company, attached hereto as Exhibit "C."
c) CITY shall pay all escrow and recording fees incurred in connection with
this transaction including the cost of title insurance, if desired by CITY.
Evidence of title shall be a standard policy of title insurance issued by the
title company which acts as escrow agent. Taxes shall be prorated, if
required, as of the date of closing.
2. If this property is encumbered by a mortgage or deed of trust or other lien or
security instrument, OWNER is responsible for payment of any demand for payment of
principle or interest under authority of said mortgage, or deed of trust or other lien or security
instrument out of OWNER'S proceeds. CITY shall pay all processing costs or fees, if any.
Any demand for payment of principle or interest in excess of the amount set forth in Paragraph
1 shall be the responsibility of OWNER to resolve with the mortgage or deed of trust holder.
3. The parties agree and understand that construction of improvements by
OWNER will not be permitted within the acquisition area unless performed by CITY, its
agents or contractors in conjunction with the construction of this project.
4. Any notice or demand which either the OWNER or CITY desire to serve upon
the other may be served either personally or by depositing the notice or demand by registered
or certified mail, return receipt requested in the United States Post Office, postage prepaid,
addressed as follows:
OWNER: WHLW Real Estate L.P.
c/o Legacy Partners Commercial, Inc.
Attn.: Ms. Darleen Fraser
101 Lincoln Centre Drive, 4" Floor
Foster City, CA 94404
CITY: City of San Rafael
Department of Public Works
Attn: Dave Bernardi, Director
P.O. Box 151560
San Rafael, CA 94915
2of3
03/02/99
And Marin County Public Works Department
Real Estate Section
Attention: Eric Lueder
P. O. Box 4186, Civic Center Branch
0. San Rafael, CA 94913-4186
5. Real estate commissions will not be paid by CITY under this contract.
6. The parties have set forth the whole of their agreement herein and this
agreement supersedes any and all prior agreements or understandings, written or oral, between
the parties pertaining to the subject matter hereof. No promises not contained herein shall be
binding upon either party with respect to this subject matter unless separately agreed to in
writing by the parties. The performance of this agreement constitutes the entire consideration
for the conveyance to CITY and Pacific Gas and Electric Company of said interest in real
property and shall relieve CITY of all further obligations or claims on this account or on
account of the location, grade or construction of the public improvement.
V*fTILW-Reql Esta
B WH. Gen -
JJ-q�-B y
Title:
Date: �- 20 - Qq
Ul VkM(Xtx>--)' VP
CITY OF SAN RAFAEL
Mayor
ATTEST:
Clerk
Date: May 17- 19g9
3of3
03/02/99
Limited Partnership
to the TRUE POINT OF BEGINNING of this description; thence
continuing
(2) north 270 04' 08" west 105.55 feet; thence
leaving said southwesterly boundary line
(3) south 420 45' 00" east 25.97 feet
to a point herein for convenience called PoiAt "A"; thence
(4) south 340 51' 00" east 118.86 feet; thence
(5) northwesterly on a curve to the right with a radius of
75.00 feet, through a central angle of 330 57 40", and tangent at
the southeasterly terminus thereof to a line which has a bearing
of north 750 53' 27" west, an arc distance of 44.6 feet to the
Point of Beginning.
Grantor further grants to PG&E the right to install, replace, maintain
and use an anchor with appurtenant guy wires, within the strip of land
described as follows:
2. A strip of land of the uniform width of 10.0 feet
extending northeasterly from the northeasterly boundary line of
the parcel of land herinbefore described and designated 1 and
lying 5.0 feet on each side of the line described as follows:
Beginning at said Point "A" and running thence
(1) north 510 12' 00" east 75.0 feet
to a point within the boundary lines of said lands.
The bearings used in the foregoing description are based on
a course in the westerly boundary line of the parcel of land
described in the deed from The Roman Catbblic Archbishop of San
Francisco to the State of California dated May 4, 1956 and
recorded in Book 1035 of Official records at page 12, Marin County
Records; which course according to said deed dated May 4, 1956 is
based on the California Coordinate System, Zone 3 and has a
bearing of south 1° 59' 22" west and a length of 100.50 feet.
Grantor further grants to PG&E:
(a) the right of ingress to and egress from said easement area over and across said lands
by means of roads and lanes thereon, if such there be, otherwise by such route or routes as shall
occasion the least practicable damage and inconvenience to Grantor, provided, that such right of
ingress and egress shall not extend to any portion of said lands which is isolated from said
easement area by any public road or highway, now crossing or hereafter crossing said lands;
(b) the right from time to time to trim and to cut down and clear away or otherwise
destroy any and all trees and brush now or hereafter on said easement area and to trim and to cut
down and clear away any trees on either side of said easement area which now or hereafter in the
opinion of PG&E may be a hazard to the facilities installed hereunder by reason of the danger of
falling thereon, or may interfere with the exercise of PG&E's rights hereunder, provided,
however, that all trees which PG&E is hereby authorized to cut and remove, if valuable for
timber or wood, shall continue to be the property of Grantor, but all branches, brush, and refuse
wood shall be burned, removed, or chipped and scattered, by PG&E;
(c) the right from time to time to enlarge, improve, reconstruct, relocate and replace any
poles with any other number or type of poles or towers or structures either in the original location
or at any alternate location or locations within said easement area;
(d) the right to install, maintain and use gates in all fences which now cross or shall
hereafter cross said easement area; and
(e) the right to mark the location of said easement area by suitable markers set in the
ground; provided that said markers shall be placed in fences or other locations which will not
interfere with any reasonable use Grantor shall make of said easement area.
PG&E hereby covenant and agrees:
(a) not to fence said easement area;
(b) to repair any damage it shall do to Grantor's private roads or lanes on said lands; and
(c) to indemnify, defend and hold harmless Grantor, its employees, agents, and
contractors against any loss and damage which shall be caused by the exercise of the rights
herein granted, or by any wrongful or negligent act or omission of PG&E or of its agents or
employees in the course of their employment, provided, however, that this indemnity shall not
extend to that portion of such loss or damage that shall have been caused by Grantor's sole active
negligence or willful misconduct.
Grantor reserves the right to use said easement area for purposes which will not interfere
with PG&E's full enjoyment of the rights hereby granted; provided that Grantor shall not erect or
construct any building or other structure, or drill or operate any well, or construct any reservoir
or other obstruction, within said easement area, or construct any fences that will interfere with
the maintenance and operation of the facilities constructed by PG&E within said easement area.
Notices: All notices, requests, demands and other communications given or required to be
°.given under this agreement shall be in writing addressed to the parties as follows:
If to Grantor at:
WHLW Real Estate Limited Partnership
C/0 Legacy Partners Commercial, inc.
101 Lincoln Centre Drive, 4h Floor
Foster City, CA 94404
Attenion: Ms. Darleen Fraser
If to PG&E at:
Pacific Gas and Electric Company
Attention: Land Agent
111 Stony Circle
Santa Rosa, CA 95401
Any such notice sent by registered or certified mail, return receipt requested, shall be
deemed to have been given and received as of the date of signature for acceptance or refusal.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of
the respective parties hereto, and all covenants shall apply to and run with the land.
Dated
Executed in the presence of:
Witness
,19
WHLW REAL ESTATE LIMITED PARTNERSHIP,
a Delaware limited partnership
Pacific Gas & Electric Company,
a California corporation
W
POINT 'A' --
Unless otherwise shoran
dll courses extend to or
dlong bounddries or lines
FdciIiIies OH ELECTRIC
Ci l y SAN RAFgEL
Rdncho
W 492058, X"", 01 SiYy"
References
WHLW REAL ESTATE LIMITED PARTNERSHIP,
a Delaware corporation
0. R. 96-065613
Dateds 12-11-96
PARCEL ONE
20 PA J J
MRCL A
R = 75.00'
A _ 77• C-11 IAI
Other references: 239,701
Odle /-25-99 Scdle
Counlu of WIN (180 - 121
Sec. 21, TIN, ROY M9B9M I A e e l No. I By: iYRL
0313
NO. 0IMI
Fidelity National Title Company
03
PRELIMINARY REPORT
In response to the application for a policy of title insurance referenced herein, Fidelity
National Title Company hereby reports that it is prepared to issue, or cause to be
issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and
the estate or interest therein hereinafter set forth, insuring against loss which may be
sustained by reason of any defect, lien or encumbrance not shown or referred to as an
Exception below or not excluded from coverage pursuant to the printed Schedules,
Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set
forth in Exhibit A attached. Copies of the Policy forms should be read. They are available
from the office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose
of facilitating the issuance of a policy of title insurance and no liability is assumed hereby.
If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a
Binder or Commitment sho:.!d be requested.
The Policy(s) of title insurarce to be issued hereunder will be policy(s) of Fidelity National
Title Insurance Company, a California corporation.
Please read the exceptions shown or referred to below and the exceptions and exclusions
set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to
provide you with notice of matters which are not covered under the terms of the title
insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the
condition of title and may not list all liens, defects and encumbrances affecting title to the
land.
Fidelfiy National Tide CampaW
ay
lzy�'r
'oprOggr6
Countersigne3' SEAL pnNifto
ATTEST
EXHIBIT C
1 0 Fidelity National Title Company
900 5th Ave. • San Rafael, CA 94901
(415) 453-7110 • FAX (415) 453-7044
PRELIMINARY REPORT "
ESCROW OFFICER: Eric Lueder
TITLE OFFICER: Karen Weeger
TO: County of Marin Public Works Dept.
PO Box 4186
San Rafael, CA 94913
ATTN: Eric Lueder
ORDER NO.: 505289
SHORT TERM RATE: NO
PROPERTY ADDRESS: A.P. 180-124-03, San Rafael, California
EFFECTIVE DATE: May 28, 1998, 07:30 A.M.
The form of Policy or Policies of title insurance contemplated by this report is:
American Land Title Association Loan Policy (10-17-92) with A.L.T.A. Form 1 Coverage
1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
A FEE as to Parcel(s) One and Five;
AN EASEMENT more fully described below as to Parcel(s) Two,Three & Four
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
WHLW Real Estate Limited partnership, a Delaware limited partnership
3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED CITY OF SAN RAFAEL,
IN THE COUNTY OF MARIN, STATE OF CALIFORNIA, AND IS DESCRIBED AS
FOLLOWS:
SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF
TD\jw 07/02/98
EXHIBIT "ONE"
See Exhibit "A" Attached
Assessor's Parcel No: 180-124-03
Order No. 505289
mu
Order No. 505289
AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN
ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM
WOULD BE AS FOLLOWS:
Property taxes, which are a lien not yei due and payable, including any assessments
collected with taxes to be levied for the fiscal year 1998-1999.
2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter
3.5 (Commencing with Section 75) of the Revenue and Taxation code of the State of
California.
3. Right of ingress and egress reserved by the State of California the "Relinquishment of
Highway Right of Way" in the County of Marin, Road IV -MRN -1 -A Relinquishment No.
22164", recorded November 7, 1963 in Book 1747-1 of Official Records at page 520,
Marin County Records.
4. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in
a document.
Purpose: Highway cut and fill slopes as contained in the "Relinquishment of
Highway Right of Way"
Recorded: November 7, 1963, Book 1747, Page 520, of Official Records
Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in
a document.
Purpose: For slope, cut or fill, and ingress and egress purposes
Recorded: March 7, 1970, Book 2361, Page 585, of Official Records
Conditions contained therein
6. Matters contained in that certain document entitled "Agreement" dated None Shown,
executed by and between Henry Peter Secettrini et al and American Pacific Life
Insurance Company of California, a California Corporation, recorded September 14,
1970, Book 2401, Page 618, of Official Records, which document, among other
things, contains or provides for: "Agreement upon the terms and covenants and
conditions
Reference is hereby made to said document for full particulars.
7. Easement for mutual access, drainage and utility purposes as shown on the Map
entitled,"Parcel Map of all the Land shown upon Record Survey of Lands of MacKenzie
and Aureguy (4 O.S. 53) and Record of Survey a portion of the Lands of Scettrini, et al
(10 O.S.44)", filed August 24, 1973 in Book 8 of Parcel Maps at page 85, Marin
County Records.
3
ITEMS: (Continued) Order No. 505289
8. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in
a document.
Granted to: Marin Municipal Water District, a public corporation
Purpose: Mutual access, drainage and utility purposes
Recorded: September 17, 1973, Book 2726, Page 357, of Official Records
Affects: Conditions contained therein
9. Covenants, conditions and restrictions (deleting therefrom any restrictions indicating
any preference, limitation or discrimination based on race, color, religion, sex,
handicap, familial status or national origin) as set forth in the document
Recorded: December 5, 1973, Book 2747, Page 178, of Official Records
Modification(s) of said covenants, conditions and restrictions
Recorded: December 12, 1983, Instrument/File No. 83-62020, of Official
Records
10. An easement for the purposes shown below and rights incidental thereto as shown
upon that certain Map in Book 2 of Parcel Maps, at Page 51.
11. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in
a document.
Purpose: Easement 30' for access, drainage, and utility purposes as
contained in "Reciprocal Easement Agreement"
Recorded: December 12, 1983, Instrument/File No. 83-62017, of Official
Records
First Amendment to Recipro:al Easement Agreement recorded December 31, 1986,
Serial No. 86-75059, Marir County Records.
Second Amendment to Rec:orocal Easement Agreement recorded August 30, 1989
Serial No. 89-50453., Marin County Records.
Conditions contained therein.
12. Matters contained in that cs-tain document entitled "Agreement" dated None Shown,
executed by and between Equitec\Tiburon, a California General partnership and F.E.
Trotter Inc., et al, recorded December 12, 1983, Instrument/File No. 83-62019, of
Official Records, which document, among other things, contains or provides for:
'Memorandum Agreement upon the Terms, Covenants and Conditions".
Reference is hereby made to said document for full particulars.
13. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in
a document.
Purpose: Easements 30 feet in width for access, drainage and utility
purposes and for encroachment and maintenance of improvements
together with appurtenances and rights incidental thereto.
Recorded: December 12, 1983, Instrument/File No. 83 62021, of Official
Records
ITEMS: (Continued)
Order No. 505289
14. Matters contained in that certain document entitled "Agreement' dated None Shown,
executed by and between Equitec\Tiburon, a California General Partnership and Las
Gallinas Valley Sanitary District, Marin County, California, a public corporation,
recorded December 17, 1984, Instrument/File No. 84-57766, of Official Records,
which document, among other things, contains or provides for: 'Agreement for
temporary connection to John Duckett (Terra Linda) Pump Station Sanitary Sewer
System and subsequent permanent connection to Mulligan Pump Station Sanitary
Sewer System".
Reference is hereby made to said document for full particulars
15. Easementfs) for the purpose(s) shown below and rights incidental thereto as granted in
a document.
Purpose: Easement 10 feet in width for underground conduits, pipes,
manholes, service boxes, wires cables and electrical conductors
underground switches, fuses, terminals and aboveground
transformers with associated concrete pads and fixtures
Recorded: December 27, 1984, Instrument/File No. 84-59239, of Official
Records
Said easement was re-recorded June 3, 1985 Instrument No. 85-23063.
Conditions contained therein.
16. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in
a document.
Purpose: For the purposes of providing. (16) automobile parking spaces and
ingress and egress thereto
Recorded: December 31, 1986. Instrument/File No. 83-75062, of Official
Records 1. -
Conditions contained therein.
Amendment to grant of easement recorded August 30, 1989, Instrument No.
89-50455.
17. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in
a document.
Purpose: Right of way 30 feet in width for pipeline or pipelines, together
with appurtenances and rights incidental thereto
Recorded: December 29, 1987, Instrument/File No. 87-81848, of Official
Records'
18. Easements as shown upon that certain Map entitled,"Record of Survey Lot Line
Adjustment between Parcels Two and Three 8 PM 85 and Parcel A 209 PM 51" filed
August 20, 1989 in Book 26 of Surveys at page 28, Marin County Records.
ITEMS: (Continued) Order No. 505289
19. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved
in a document.
Purpose: For access, ingress and egress
Recorded: August 30, 1989, Instrument/File No. 89-50447, of Official
Records
20. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in
a document.
Purpose: For roadway purposes and access together with appurtenances
Recorded: August 30, 1989, Instrument/File No. 89-50461, of Official
Records
21. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in
a document.
Purpose: Easement 30 feet in width for access, utility and drainage
purposes
Recorded: March 27, 1990, Instrument/File No. 90-17811, of Official
Records
22. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in
a document.
Purpose: For access, utility and drainage purposes
Recorded: March 27, 1990, Instrument/File No. 90-17811, of Official
Records
23. A pending court action as disclosed by a recorded notice
Plaintiff: City of San Rafael, a municipal corporation
Kingston River Bank Associates L.P., a Delaware limited partnership; Lawyers Title
Insurance Co; East River Savings Bank, a New York banking corporation; California
Land Title Co. of Marin, a California Corporation; Connecticut General Life Insurance
Co., a Connecticut Corporation; Does 1-50 inclusive
County: Marin
Case No. 149983
Recorded: July 1, 1991, Instrument No. 91-040078.
The object of said action as stated in the Lis Pendens is to acquired under the law of
eminent domain, permanent easement for roadway, drainage and utility purposes, two
temporary construction easements, and two permanent power and anchor easements.
24. Assignment of Lessor's interest in Leases Marin Executive Park by Lincoln Whitehall
Realty, L.L.C. a Delaware limited liability company and WHLW Real Estate Limited
partnership, a Delaware limited partnership, recorded December 11, 1996, Instrument
No. 96-065614.
6
ITEMS: (Continued) Order No. 505289
25. A deed of trust to secure an indebtedness in the amount shown below, and any other
obligations secured thereby
Amount: $47,744,464.00
Dated: November 26, 1996
Trustor: WHLW Real Estate Limited Partnership, a Delaware limited
partnership
Trustee: Fidelity National Title Company
Beneficiary: General Electric Capital Corporation, a New York corporation
Address: 292 Long Ridge Road
Stamford, CN 06927
Loan No.:
Recorded: December 11, 1996, Instrument/File No. 96-065615, of Official
Records
26. Matters contained in that certain document entitled "Attornment Agreement" dated
December 31, 1996, executed by and between General Electric Capital Corporation and
Autodesk, Inc., a California Corporation, recorded January 30, 1997, Instrument/File
No. 97-004947, of Official Records, which document, among other things, contains or
provides for: "Subordination, Non -Disturbance and Attornment Agreement".
Reference is hereby made to said document for full particulars.
Tax Note:
For proration purposes, the property taxes for the fiscal year shown below are as
follows:
APN:
Fiscal year
Code Area:
1 st Installment:
2nd Installment:
Land:
Improvements:
Exemption:
Personal Property:
Bill No.:
180-124-03
1997-1998
8-008
$86,428.21 paid
$86,428.21 paid
$2,876,156.00
$13,785,300.00
S
97-40754
END OF ITEMS
Note 1. None of the items shown in this report will cause the Company to decline to attach
CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued.
Note 2. There is located on said land a Commercial property known as A.P. 180-124-03, San
Rafael, CA.
Note 3. "Section 12413.1, California Insurance Code became effective January 1, 1990. This
legislation deals with the disbursement of funds deposited with any title entity acting in
an escrow or subescrow capacity. The law requires that all funds be deposited and
collected by the title entity's escrow and/or subescrow account prior to disbursement
of any funds. Some methods of funding may subject funds to a holding period which
must expire before any funds may be disbursed. In order to avoid any such delays, all
fundings should be done through wire transfer, certified check or checks drawn on
California financial institutions.
ITEMS: (Continued)
Order No. 505289
Note 4. The charge where an order is cancelled after the issuance of the report of title, will be
that amount which in the opinion of the Company is proper compensation for the
services rendered or the purpose for which the report is used, but in no event shall said
charge be less than the minimum amount required under Section 12404.1 of the
Insurance Code of the State of California. If the report cannot be cancelled "no fee"
pursuant to the provisions of said Insurance Code, then the minimum cancellation fee
shall be $360.00.
Note 5. California Revenue and Taxation Code 18668, effective January 1, 1991, requires that
the buyer in all sales of California Real Estate, wherein the Seller shows an out of State
Address, withhold 3-1/3% of the total sales price as California State Income Tax,
subject to the various provisions of the law as therein contained.
PRF 41NARY REPORT - ORDER NO : )5299 -TO
EXHIBIT "A" ATTACHED
Said land is situate in the City of San Rafael, County of Marin, State of California, described as follows:
PARCEL ONE
BEGINNING at a point in Civic Center Drive, at the most Southerly corner of the Record of Survey entitled,
"Record of Surveyof Lands of MacKenzie and Aure uy", ecorded September 20, 1968 in Book 4 of
Official Surveys aPage 53, Marin County Records, whichris the Southerly terminus of the course "North
340 17' 08" East, 2845.01 feet", as shown on the "Record of Survey, A Portion of the Lands of Scettrini, et
al", recorded July 21, 1971 in Book 10 of Official Surveys at page 44, Marin County Records, and also the
most Southerly corner of the parcel described in Deed from Northgate East, apartnership, to the City of San
Rafael, a municipal corporation, recorded December 10, 1973 in Book 2748 of Official to
at Page 242,
Marin County Records, and also being the most Westerly corner of Parcel B, as shown on the Parcel Map
entitled, "Parcel Map of Property Line Adjustment between Lands of Equitec/Tiburon and Lands of
Scettrini", recorded June 14, 1982 in Book 20 of Parcel Maps at Pae 51, Marin County Records; thence
along the last described course (10 OS 44), being the common boundary between said City of San Rafael
parcel (2748 OR 242), Parcels 2, and 3 of the Parcel Map entitled,"Parcel Map of all the lands as shown
upon Record of Survey of Lands of Mackenzie and Aureguy (4 OS 43) and Record of Survey, a portion of
the Land of Scettrini, et al (10 OS 44), recorded August 24, 1973 to Book 8 of Parcel Maps, Page 85, Marin
County Records, and said Parcel B and Parcel A of said "Parcel Map of Property Line Adi stment between
Lands of E uitec/Tiburon and Lands of Scettrini" (20 PM 51), North 340 17' 08" East, 485.00 feet to the
true point of beginning at an angleint in the Southerlyboundary of said Parcel 3 (8 PM 85) at the
Northwest corner of said Parcel A (20 PM 51); thence leaving said last described course (10 OS 44) and said
common boundary (2744 OR 242 8 PM 85 and 20 PM 51), along the common boundary between said Parcel
3 (8 PM 85) and said Parcel A (20 PM 51) South 52° 00' 00" East, 67.67 feet; thence leaving said last
described common boundary (8 PM 85 and 20 PM 51) Southeasterly along a curve to the right, whose center
bears South 38° 00' 00' West, having a radius of 290 feet through a central angle of 14° 43' 21" an arc
length of 74.52 feet; thence North 47 50' 00" East, 193.02 feet; thence South 63' 41' 21" East, 15.83 feet
to the most Northerly corner of said Parcel A (20 PM 51); thence along the common boundary between said
Parcels A and B (20 PM 51) the followin courses and distance's; South 63° 41' 21" East, 346.84 feet;
thence South 21' 14' 45" West, 265.41 feet; thence South 43° 30' 00" West, 212.35 feet; thence South 77"
13' 00" West, 448.54 feet, and thence North 28° 20' 28" West, 298.66 feet to a point on said course, "North
340 17' 08" East, 2485.01 feet (10 OS 44) at the most Westerly corner of said Parcel A (20 PM 51); thence
leaving said last described common boundary (20 PM 51, along said course (10 OS 44), being also the
common boundary between said Parcel 2 8 PM 85) and said Parcel A (20 PM 51), North 34 17' 08" East,
409.90 feet; thence leaving said course (10 OS 44) and said last described common boundary (8 PM 85 and
20 PM 51), North 52° 00 00" «'esz, 5.03 feet; thence Northwesterly along a curve to the left, whose center
bears South 38° 00' 00" West, having a radius of 44 feet through a central angle of 17° 20' 04" an arc length
of 13.31 feet; thence North 38° 00' 60" East, 31.99 feet thence South 52* 00"00" East, 16.19 feet to the
true point of beginning.
PARCEL TWO
A NON-EXCLUSIVE easement for ingress and egress purposes, 86 feet in width, created pursuant to
documents recorded March 19, 1970 in Book 2361 of Official Records at Page 585 and September 14, 1970
in Book 2401 of Official Records at page 618, Marin County Records, lying Southerly of and contiguous to
i
the course "South 770 13' 00" West 49D.06 feet as set forth n Parcel One above.
Said easement to be bounded on the East by a line having a bearing of South'12° 47' 00" East from the
Easterly terminus of said course and on the West by the Easterly line of the Parcel of Land conveyed to the
State of California by Deed recorded November 29, 1956 in Book 1076 of Official Records at page 227,
Marin County Records,
PARCEL THREE
AN EASEMENT for 32 foot and 45 foot roadway and public utility purposes created pursuant to documents
recorded December 12, 1983 as Instrument No. 83 062'017 and modified by documents recorded December
31, 1986 as Instrument No. 86 75059 and August 30, 1989 as Instrument No. 89 50453 and more particularly
PRE UNARY REPORT - ORDER NO ` 05289 -TO
described as follows:
BEGINNING at a point in Civic Center Drive, at the most Southerly corner of the Record of Survey entitled,
"Record of Survey of Lands of Mackenzie and Aureguy", recorded September 20, 1965 in Book 4 of Offlcial
Surveys at page 53, Marin County Records, which is thhe Southerly terminus of the course "North 340 17'
08" East, 2845.01 feet", as shown on the Record of Survey entitled, "Record of Survey, a portion of the
Lands of Scettrini, et -Al", recorded July 21, 1971 in Book 10 of Official Surveys at pa e 44, Marin County
Records and also the most Southerly corner of the parcel described in Deed from Northgate East, a
oartnership, to the Ci of San Rafael, a municipal co oration, recorded December 10, 1973 in Book 2748
f Official Records at page 242, Marin County Records, and also being the most Westerly corner of parcel
B, as shown on the Parcel Map entitled, "Parcel Map of Property Line Adjustment between lands of
Equitec/Tiburon and Lands of Scettrini', recorded June 14, 1982 in Book 20 of Parcel Maps at page 51,
Marin County Records; thence along the last described course (10 OS 44) being also the common boundary
between said City of San Rafael parcel (2748 OR 242) and said Parcel B (20 PM 51) North 34°17' 08East,
28.15 feet to the most Southerly corner of Parcel 2 of the "Parcel Map of all the land as shown upon Record
of Survey of Lands of Mackenzie and Aureguy (4 OS 53) and Record of Survey, a portion of the Lands of
Scettrini, et al (10 OS 44)", recorded August 24, 1973 in Book 8 of parcel maps at page 85, Marin County
Records; thence leaving said common boundary (2748 OR 242 and 20 PM 51) and continuing along said last
described course (10 OS 44) being also the common boundary between said Parcel 2 (8 PM 85) and said
Parcel B and Parcel A of said "Parcel Map of Property Line Ad'ustment between Lands of Equitec/Tiburon
and Lands of Scettrini" (20 PM 51) North 34° 17 08' East, 38.85 feet to the most Southerly corner of
Exhibit A - Parcel 1 of the Quitclaim Deed from Northgate East, a California limited partnership to F.
E.Trotter, Inc., a Hawaii Professional corporation et al, recorded December 31, 1986 as Instrument No. 86
75057, Marin County Records, and the true point of beginning; thence leaving said last described course (10
OS 44) and said last described common boundary (8 PM 85 and 20 PM 51), along the Southwesterly
boundary of said Exhibit A - Parcel 1 (OR 86 75057) the following courses and distances: North 55° 42'52"
West 47.43 feet; thence Northwesterly along a curve to the right, whose center bears North 34° 17' 08'
East, having a radius of 76 feet through a central angle of 13 32' 52", an arc length of 17.97 feet, and
thence North 42° 10' 00" West 45.16 feet to the Southwesterly boundary of Parcel B of said last described
Parcel Map (8 PM 85); thence leaving said Southwesterly boundary of said Exhibit A - Parcel 1 (OR 86
75057) along said Southwesterly boundary of said Parcel B (8 PM 85) the following courses and distances;
North 420 10' 00" West, 106.00 feet; thence South 47° 50' 00" West 3.97 feet; thence Northwesterly along
a curve to the right, whose center bears North 48° 41' 15" East, havingg a radius of 295 feet through a central
angle of 24° 01' 45" an arc length of 123.72 feet; thence North 17° 17' 00' West, 52.86 feet; thence
Northwesterly along a curve to the left, whose center bears South 72° 43' 00" West. having a radius of ?55
feet through a central angle of 24° 00' 00", an arc length of 106.81 feet; thence North 41 ° 17' 00" West,
28.64 feet thence North 86° 47' 53" West, 22.86 feet and thence South 27° 34' 28' West 23.61 feet; to a
point on the Northeasterly boundary of said City of San Rafael Parcel (2748 OR 242) from which the
Northerly terminus of the course "North 02° 39 48' East, 109.66 feet", as described in said Deed to City of
San Rafael (2748 OR 242), bears Southerly along said Northeasterly boundary (274S OR 242) along a -,in-e
to the right, whose center bears South 73° 23' 5�" West, having a radius of 452.03 feet through a central
an 1e of 19° 15' 53", an arc length of 151.99 feet; thence leaving said Southwesterly boundar}' of said Parcel
B �8 PM 85). along said Northeasterly boundary (2748 OR 242) Northwesterly along a curve to the left.
whose center bears South 73° 23' 55 West, having a radius of 452.03 feet through a central angle of 10°
07' 48", an arc length of 79.92 feet; thence leaving said Northeasterly boundary 2148 OR 242) along the
Northeasterly boundary of said Parcel B of said last described Parcel Map (8 PM 85) the following courses
and distances; Northwesterly along a curve to the left, whose center bears South 63° 16' 07" West, havingg a
radius of 452.03 feet through a central angle of 0° 07' 26", an arc length of 0.98 feet; thence South 71' Ol'
51 " East 23.61 feet; thence Easterly along a curve to the right, whose center bears South 21 ° 43' 42" East,
havingg a radius of 67 feet through a central angle of 70° 26' 42"'an arc length of 82.38 feet; thence South
41 ° 17' 00" East, 28.64 feet; thence Southeasterly along a curve to the right, whose center bears South 48°
43' 00" West, havingg a radius of 300 feet through a central angle of 240 00' 00', an arc length of 125.66
feet; thence South 17° 17' 00° East, 52.86 feet; thence Southeasterly along a curve to the left whose center
bears North 72° 43' 00" East having a radius of 250 feet through a central angle of 24° 53' 00", an arc
length of 108.57 feet; thence South 47° 50' 00" West 9.00 feet and thence South 42° 10' 00" East, 101.60
feet; thence leaving said Northeasterly boundaryof said Parcel B (8 PM 85) South 42° 10' 00" East 45.16
feet; thence Southeasterly along a curve to the left, whose center bears North 47 50' 00' East, having a
radius of 44 feet through a central angle of 13° 32' 52", an arc length of 10.40 feet: thence
PRE /iINARY REPORT -ORDER NO ,05289 -TO
South 55° 42' 52" East, 47.43 feet toa oint on said course "North 34° 17' 08" East, 2845.01 feet" (10 OS
44); thence alon said course (10 OS ' bein also the common boundary between said Exhibit A - Parcel
1 (OR 86 7505 and said Parcel A (20 PM 5 South 34° 17' 08" West, 32.00 feet to the true point of
beginning.
PARCEL FOUR
A NON-EXCLUSIVE appurtenant easement created pursuant to document recorded December 31, 1986 as
Instrument No. 86 75062, Marin County Records for parking islands and other installations as required by
the City of San Rafael Traffic Engineer and for ingress and egress located over and across the following
described property:
BEGINNING at a point in Civic Center Drive, at the most Southerly corner of the "Records of Survey of
Lands of MacKenzie and Aureguy", recorded September 20, 1965 in Book 4 of Official Surveys at Page 53,
Marin County Records, which is the Southerly terminus of the course "North 34° 17' 08" East 2845.01
feet", as shown on the "Record of Survey, a Portion of the Lands of Scettrini, et al", recorded July 21, 1971
in Book 10 of Official Surveys at page 44, Marin County Records; and also the most Southerly corner of the
parcel described in deed from Northgate East, a partnership, to the City of San Rafael, a municipal
corporation, recorded December 10, 1973 in Book 2748 of Oficial Records at Page 242, Marin County
Records; thence along the last named course (10 OS 44) North 34° 17' 08" East, 427.00 feet to the true point
of beginning; thenceleaving said last described course (10 OS 44) North 55° 42' 52" West, 47.43 feet;
thence South 34° 17' 08" West 127.00 feet; thence South 22° 32 46" East, 56.66 feet to a point which bears
South 34° 17' 08"West, 158.00 feet from the true point of beginning; thence along the last named course
North 34° 17' 08" East, 158.00 feet to the true point of beginning.
PARCEL FIVE
BEGINNING at a point in Civic Center Drive, at the most Southerly corner of the "Record of Surveyy of
Lands of MacKenzie and Aureguy", recorded September 20, 1965 in Book 4 of Official Surveys at Paa 53,
Marin County Records, which is the Southerly terminus of the Course "North 34° 17' 08" East, 2845.01 feet
as shown on the "Record of Survey, a portion of the Lands of Scettrini,et al", recorded July 21, 1971 in
Book 10 of Official Surveys atpage 44, Marin County Records and also the most Southerly corner of the
parcel described in deed from Northgate East, a partnership to the City of San Rafael, a municipal
corporation, recorded December 10, 1973 in Book 2748 of Official Records at page 242, h1arin County
Records; and also being the most Westerly corner of Parcel B, as shown on the "Marcel Map of Property Line
Adiustment between Lands of Equitec/Tiburon and Lands of Scettrini", recorded June 14, 1982 in Book 20
of Parcel Maps at page 51, Marin Count}, Records, thence along the last described course (10 OS 44) being
also the common boundary between said City of San Rafael parcel (2748 OR 242) and said Parcel B (20 Pm
51) North 34° 17' 08" East 28.15 feet to the most Southerlycorner of Parcel 2 of the "Parcel Map of all the
land as shown upon Record of Survey of Lands of MacKenzie and Aureguy (4 OS 53) and REcord of
Survey, a portion of Lands of Screttrini, et al (10 OS 44)", recorded August 24, 1973 in Book 8 of Parcel
Maps at Page 85, Marin County Records; thence leaving said common boundary (2748 OR 242 and 20 PM
51) and continuing along said last described course (10 OS 44) being also the common boundary between
said Parcel 2 (8 PM 85) and said Parcel B and Parcel A of said "Parcel Map of Proppertyy Line Ad'ustment
between Land of Equitec/Tiburon and Lands of Scettrini" (20 PM 51) North 34° 17' 08" East, 46.79 feet to
the most Easterly corner of said Parcel 2 (8 PM 85) and the true point of beginning; thence leaving said last
described common boundary (8 PM 85 and 20 PM 51), along the Northeasterly boundary of said Parcel 2 (8
PM 85), being also the common boundary between Exhibit A - Parcel 2 of the Quitclaim Deed from F. E.
Trotter, Inc., a Hawaii professional corporation, et al to Equitec/Tiburon, a California general partnership,
recorded December 31, 1986 as Instrument No. 86 75056, Marin County Records and Exhibit A - Parcel 1
of the Quitclaim Deed from Northgate East, California limited partnership and F.E. Trotter, Inc., a Hawaii
professional corporation, et al, recorded December 31, 1986 as Instrument No. 86 75057, Marin County
Records, the following courses and distances; North 52° 00' 00" West, 5.03 feet and thence Northwesterly
along a curve to the left whose center bears South 38° 00' 00" West, having a radius of 44 feet through a
central angle of 17° 20' 04", an arc length of 13.31 feet; thence leaving said Northeasterly boundary of said
PRE UNARY REPORT - ORDER NO. )5289 -TO
Parcel 2 (8 PM 85) and said last described common boundary (OR 86 75056 and OR 86 75057), South 380
00' 00" West, 11.15 feet- thence South 55° 42' 52" East, 18 95 feet to a point on said course "North 34° 17'
08 East, 2845.01 feet N OS 44); thence along said course (10 OS 44), being also the common boundary
between said Parcell (8 PM 85) and said Parcel A (20 PM 51), North 34° 17' 08" East 11.94 feet to the
true point of beginning.
A. P.180-124-03
cm a
1 � •c
00 u
opOOboMMm
�Q�CUOfV000O
Coto
•. ;
XRIMNd Mel
N
IQ � n i•���Y�� �oS•. 0 3,fY' ��'•�b W u
ci
CL
Fes- �'•r \ "j i
1 y\ /• • D
_ CD ti F-
0
Aft
tn
w
0
W'�{.. .. 44� ••.
Q •a •,. I1 �. .
.yr �
11
n �`` 5 .
i lc_;
f