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Home My WebLink AboutCC Resolution 9550 (Pacific Bell Facilities)RESOLUTION NO. 9550 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF GRANT OF EASEMENT TO PACIFIC BELL FOR INSTALLATION AND MAINTENANCE OF PACIFIC BELL FACILITIES ON A PRESCRIBED PORTION OF CITY'S PROPERTY (AP# 011-162-17) ON MISSION AVENUE. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL hereby resolves as follows: C( - Director of Public Works TheA4ayof-and City Clerk are herby authorized to execute the grant conveying said easement to Pacific Bell for installation and maintenance of Pacific Bell's facilities on a certain prescribed portion of City's property (AP# 011-162-17) on Mission Avenue, San Rafael, County of Marin, State of California, a copy of which is attached hereto and incorporated by this reference. 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 the said City held on 5th day of February, 1996, by the following vote, to writ: AYES: COUNCILMEMBERS: Heller, Phillips and Zappetini NOES: COUNCILMEMBERS: None ABSENT. COUNCILMEMBERS: Cohen DISQUALIFIED: COUNCILMEMBERS: Mayor Boro (due to conflict of interest) JEA E M. LEONCINI, City Clerk 1�a'. //O CF0057L SAI EASEMENT AFTER RECORDING, RETURN TO: PACIFIC BELL 2125 OCCIDENTAL RD. SANTA ROSA, CA 95401 Location: CITY OF SAN RAFAEL Document Transfer Tax $ ( )Computed on Full Value of Property Conveyed, or ( )Computed an Full Value Less liens & Encumbrances Remaining at Time of Sale ( )Consideration of Value Less Than $100.00 Signature of declarant or agent determining tax: Agent: RWL W3 8212 Z SAN RAFAEL W371 A.P.No. 011-162-17 R/W File No. MAR 1260' TOWNSTTE of SAN RAFAEL, RACK 1 PULL 4 GRANT OF EASEMENT The undersigned Grantor (s), "Grantor(s)", hereby grant(s) to PACIFIC BELL, its successors, assigns, lessees and agents, "Grantee(s)", a communication easement to construct and maintain (place, operate, inspect, repair, enlarge and remove) such underground communication facilities as Grantee(s) may from time to time require (including ingress thereto and egress therefrom) consisting of wires, cables, conduits, pedestals, terminal equipment cabinets, other associated electrical conductors and necessary fixtures and appurtenances in, under and upon that certain real property in the City of San Rafael, County of Marin, State of California, described as: All that certain real property situate in the City of San Rafael, State of California, being a portion of the lands conveyed by Dora Johnson et vir, to the City of San Rafael by Individual Grant Deed dated November 3, 1976 and recorded November 30, 1976 in Book 3120, at Page 184, Official Records of Marin County, and being more particularly described as follows: Beginning at a point laying on the Southerly line of said lands, being also the Northerly line of Mission Avenue, from which point the Southwest corner of said lands bears South 83° 05' East 82.8 feet distant, thence along said line South 830 05' East 5.00; thence leaving said line North 06° 55' East 10.00 feet; thence parallel with said Northerly line of Mission Avenue North 83° 05' West 5.00 feet; thence South 06° 55' West 10.00 feet to the point of beginning. This legal description was prepared pursuant to Section 8730c of the Business and Professions code. Grantor(s) also grant(s) to Grantee(s) the right to receive municipal service and commercial power service from the appropriate utility company serving the area together with the right for such utility company to place their respective service facilities upon and within said easement. Grantor(s) also grant(s) to Grantee(s) the right to trim such tree foliage and to cut such limbs and roots on said property as may be necessary for the protection of said facilities. W3 8212 Z SAN RAFAEL W371 R/W File No. MAR 1260 A.P.No. 011-162-17 TOWNSTTE of SAN RAFAEL, RACK 1 PULL 4 Grantor(s) shall not erect or construct any building or other structure or drill or operate any well within said easement. Grantee(s) shall be responsible for damage caused intentionally or by its negligence or willful misconduct while exercising said rights granted herein. The provisions here of shall in inure to the benefit of and bind the successors and assigns of the respective parties hereto. Executed this 19th day of March THE CITY OF SAN RAFAEL, a Municipal Corporation B}: DAVID M. BERNARDI DIRECTOR OF PUBLIC WORKS Title: 1996• ATTEST: *: JEANNE M. LEONCINI Title: CITY CLERK CALIFORNIA ALL-PURP%,SE ACKNOWLEDGMENT t State of Cal i forni a l County of Marin ti On March 19, 1996 ii Dale i1 personally appeared t� IXl personally known to me - OR - il i? c+ i before me, Nancy Eurman, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person( - whose namely. is/a-rg-subscribed to the within instrument and acknowledged to me that he/fie/they executed the same in his/tier/tjfauthorized capacity(W, and that by his/Ii-er/theifsignature*on the instrument the person*, r NANCY EURMAN D or the entity upon behalf of which the personl�acted, S; 0 COMM. #1086576 t1 `� NOTARY PUaLIC-CALIFORNI A 0 executed the instrument. MARw COUNTY t1. My Comm. Expires Feb. 4, 2000 'r ,i 1,1 WITNESS my hand and official seal. OPTIONAL Signature of Notary Public 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: Grant of Easement (between Pacific Bell and City of ;' San Rafael - AP No. 011-162-17) Document Date: March 19, 1996 Number of Pages: 6 f Signer(s) Other Than Named Above: N/A Capacitv(ies) Claimed by Signer(s) i Signer's Name: David M. Bernardi Signer's Name: C No Pjrrfel Igl Officer Title(s): Dir. of Public Works L Partner—. _" Limited . _ General C Attorney -in -Fact Trustee C Guardian or Conservator F Other: Top of thumb here :fit "vc Signer Is Representing: City of San Rafael 0 Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator - ❑ Othef: Top of thumb here Signer Is Representing: i "�'.r�'.� G..'-. �C1.W'r �.�'r'�:..�L i�r: �. �'SJ `'.:'.. �....'''r.. — .. � >.� +-�,r.►J—%i �:-.%.� ...'..]��,r�r..+�,�s�.r�/�J 0 1994 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Call Toll -Free 1-800.876-6827 �1o� SAY s1oN A��E VOCA o's -W c 130"US SASE YOSED YAC�1 YRO 0 v �1o� SAY s1oN A��E VOCA o's -W c 130"US SASE YOSED YAC�1 YRO S 83°05' E MISSION Basis of Bearings AVE' _ POINT OF BEGINNING POINT OF COMMENCEMENT] S,830 OWE N A 167.80' D 82.8' -- C to Proposed PACIFIC BELL Fnd. 3/4" I.P. Wx10'Easement ) ' 20' m I Lands of CITY OF SAN RAFAEL AP# 011-162-17 Q 1428 Mission Ave. Line Bearing Distance Q7 A S 83"05' E 5.00' B N 06055'E 10.00' Q C N 83"05 W 5.00' W N D S 06055'W 10.00' N 0 I� Z 40 0 40 80 ,m scale 1" - 40' feet VR �,ND SKit op 0 U p C. LS 5927 OF C Bearings based on MAP OF BYRN MAWR PARK, R.M. 7-93, San Rafael, CA. DATE PACIFIC BELL CARLENZOLI MAY 995 W38212Z is A N D �3/q Aevi DRAWN BY SAN RAFAE _ CALIFORNIA A S S O C I A T E S snptnsers—survryors—Planners D E J08 N0. 6 345A T=!CONI CIRCLX. SANTA ROSA, CA 93401 1707) !42.463 !AY (707) 542.145 1329.122 MARK E. KILLOPS L. 5927