HomeMy WebLinkAboutED Grand Avenue Improvement Project ROW & Easement____________________________________________________________________________________
FOR CITY CLERK ONLY
File No.: 2-2
Council Meeting: 02/06/2017
Disposition: Resolution 14271 & 14273
Agenda Item No: 4.e
Meeting Date: February 6, 2017
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Economic Development
Prepared by: Thomas Adams, ED Coordinator City Manager Approval: __________
TOPIC: GRAND AVENUE IMPROVEMENT PROJECT RIGHT-OF-WAY AND
EASEMENT ISSUES
SUBJECT: Resolution Approving the Purchase of 101 Square Feet of Property at 409 Third
Street, San Rafael (APN 014-151-14), from Montecito Market Place Associates,
for an Amount Not to Exceed $5,300; Resolution Authorizing Conveyance of a
Non-Exclusive Easement for Driveway Purposes Over City Property at 750 Grand
Avenue, San Rafael (APN 014-132-10), to Montecito Market Place Associates.
RECOMMENDATION: Approve the two Resolutions.
BACKGROUND: The City has grant funding to proceed with the ‘Grand Avenue Improvement
Project’, a public works project to improve the safety of the intersection at Second Street and
Grand Avenue, as well as to provide bicycle and pedestrian improvements for this area. The
Grand Avenue Improvement Project is included in the City’s Capital Improvement Program
(CIP) budget and construction funding is in place to proceed with this project in 2017.
The acquisition of several properties will be required to proceed with the Grand Avenue
Improvement Project. Over the past several months, City staff have worked with the ownership
of the shopping center (Montecito Market Place Associates) to discuss the proposed construction
project and negotiate a purchase price for a small portion of the northwest corner of the shopping
center at the intersection of Second Street and Grand Avenue (see Attachment 4). The property
purchased will become City Right-of-Way (a sidewalk). The project includes relocation of the
shopping center’s delivery vehicle driveway and the public pedestrian access to the San Rafael
Canal.
ANALYSIS: In order to proceed with the Grand Avenue Improvement Project, the City needs to
acquire a small portion (101 square feet) of the Montecito Plaza Shopping Center (address is 409
Third Street with APN 014-151-14) near the Second Street/Grand Avenue intersection. The area
proposed for acquisition is adjacent to the shopping center’s current delivery vehicle egress
driveway. The acquisition is located in an area of the Montecito center that is not currently used
by the public so it will not affect the operations of the shopping center.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The reason for the purchase of this small piece of property is that it is needed for a newly
reconfigured intersection and sidewalk at the corner of Second Street and Grand Avenue. These
sidewalk improvements are part of the overall construction of the Grand Avenue Improvement
Project, a public works project to improve the traffic circulation and safety of Second Street and
Grand Avenue. This project will include pedestrian, bicycle, and intersection improvements
including new sidewalks, curbs, gutters, ADA compliant curb ramps and driveway, traffic signal
modification, signing, and striping. This project also will include the installation of a new 150’
long by 12’ wide bridge across the San Rafael Canal for the exclusive use of bicycles and
pedestrians to be installed approximately 5’ east of the existing bridge on Grand Avenue south of
Second Street, as well as sidewalk improvements for bicycles and pedestrians along the northern
end of Francisco Blvd. East.
The Grand Avenue Improvement Project includes the relocation of the Montecito shopping
center’s commercial delivery truck driveway located at the corner of Second Street and Grand
Avenue. Due to the oblique angle of the driveway, this access is not well controlled by the traffic
lights at the intersection, it is confusing for drivers and pedestrians, and it is not optimal for
traffic circulation. The Grand Avenue Improvement Project will relocate the commercial truck
egress driveway to Grand Avenue and the new egress driveway will comply with state traffic
safety guidelines. As part of the driveway relocation, the City will grant the owner of the
Montecito shopping center an access easement over City-owned property for the new driveway
(see Attachments 2, 4).
In addition to the traffic safety improvement of the Grand Avenue Improvement Project, another
significant benefit of this project is that it will provide dramatically improved access to the
pedestrian walkway along the San Rafael Canal behind the Montecito Plaza Shopping Center
buildings. This walkway is intended to provide public access to the San Rafael Canal as part of
an agreement with the California State Lands Commission. However, due to the curr ent
configuration of the pedestrian public access, which runs adjacent to the driveway to the corner
of Second Street and Grand Avenue, the walkway is little used. City staff will work with
ownership of the shopping center and the California State Lands Commission to pursue
relocation of the entrance portion of the public pedestrian easement from its current location
along the northern edge of the Montecito property to the City owned property along Grand
Avenue (see Attachment 5). Also, City staff will work with the ownership of the shopping center
to design and install attractive landscaping on the City-owned land at 750 Grand Avenue to
complement the new pedestrian access, the new bicycle and pedestrian bridge, the new driveway,
and the new intersection at Second and Grand.
Lastly, project timing is another significant reason for the City to purchase this portion of the 409
Third Street property. The City has acquired grant funding to proceed with the Grand Avenue
Improvement Project and if the City were not to purchase this property at this time, it could not
proceed with the construction project and this would jeopardize the grant funding in place for the
construction of the intersection and the bicycle and pedestrian bridge.
FISCAL IMPACT: The total cost to purchase the 101 square foot portion of 409 Third Street is
$5,300. Funding for this purchase will come from Public Works Project fund #11260 ‘Grand
Avenue Improvement Project,’ and it is included in the current 2016-17 Fiscal Year Budget. The
funding source for this purchase will be $5,300 from the Measure A Transportation Fund.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
OPTIONS:
1. Approve both Resolutions as proposed
2. Do Not Approve the Resolutions
3. Provide Staff with Further Direction
ACTION REQUIRED:
1. Adopt resolution approving the purchase of 101 square feet of property at 409 Third
Street (APN 014-151-14), and authorizing the City Manager to execute a purchase
agreement and all other necessary documents, in a final form to be approved by the City
Attorney.
2. Adopt resolution authorizing conveyance of a non-exclusive easement for driveway
purposes over City-owned property at 750 Grand Avenue (APN 014-132-10), to
Montecito Market Place Associates, and authorizing the City Manager to execute an
easement deed and all other necessary documents, in a final form to be approved by the
City Attorney.
ATTACHMENTS:
1. Resolution Approving the purchase of 101 square feet of property at 409 Third Street
2. Resolution Authorizing the conveyance of a Non-Exclusive Easement for Driveway
Purposes over 750 Grand Avenue
3. Draft Right of Way Purchase Contract with Exhibits A – F
4. Map Showing Acquisition Area and Access Easement
5. Map Showing Proposed Relocation of Public Pedestrian Easement
1
RESOLUTION NO. 14273
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING
THE PURCHASE OF 101 SQUARE FEET OF PROPERTY AT 409 THIRD
STREET, SAN RAFAEL (APN 014-151-14), FROM MONTECITO MARKET
PLACE ASSOCIATES, FOR AN AMOUNT NOT TO EXCEED $5,425
WHEREAS, the City of San Rafael is a municipal corporation that provides services and
public infrastructure to residents, businesses, and visitors; and
WHEREAS, the City of San Rafael owns and maintains numerous properties, buildings, and
rights-of-way that are essential to provide services to the local community; and
WHEREAS, the City has undertaken work on a public street improvement project called the
Grand Avenue Improvement Project (the “Project”), a project to improve the traffic circulation and
safety of Second Street and Grand Avenue through the installation of pedestrian, bicycle, and
intersection improvements including new sidewalks, curbs, gutters, ADA compliant curb ramps and
driveway, traffic signal modification, signing, and striping, as well as th e installation of a new 150’
long by 12’ wide bridge across the San Rafael Canal for the exclusive use of bicycles and pedestrians
to be installed approximately 5’ east of the existing bridge on Grand Avenue south of Second Street ,
and sidewalk improvements for bicycles and pedestrians along the northern end of Francisco
Boulevard East; and
WHEREAS, the City filed and posted a Notice of Exemption for the Project from April 30,
2012 to May 30, 2012 to comply with the California Environmental Quality Act (“CEQA”) and wishes
to begin construction of the Project in 2017; and
WHEREAS, Montecito Market Place Associates (the “Property Owner”) is the owner of a
parcel of property located in the City of San Rafael, County of Marin, State of California, bearing
Assessor’s Parcel Number 014-151-14 and commonly known as 409 Third Street, San Rafael, CA
94901 (hereafter “409 Third Street”); and
WHEREAS, as part of the Project, City requires the acquisition of a small, 101 square-foot,
portion of 409 Third Street that is directly adjacent to Second Street (the “Property), for use as part of
the Third Street public right-of-way; and
WHEREAS, the City deems the sales price of $5,425 to be an appropriate purchase price for
the Property, given that a recent appraisal determined this amount to be justified as the market value of
the Property; and
WHEREAS, WHEREAS, on December 12, 2016, the City sent the Property Owner an offer to
purchase the property for $5,300 pursuant to Government Code section 7267.2, which was
subsequently increased by $125 to an amount not to exceed $5,425 to pay for an extension of the
temporary construction easement period in order to comply with new FHWA regulations, and the
Property Owner and the City have now agreed to the price and terms for the City’s purchase of the
Property; and
2
WHEREAS, in connection with completion of the Project, the City desires to work with the
Property Owner on aspects of the Project mutually beneficial to both parties, such as improved
landscaping along Grand Avenue and improved pedestrian access to the Canal waterway;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael
does hereby authorize the purchase of the Property from the Property Owner as shown in attached
Exhibit A and Exhibit B, for a not-to-exceed amount of $5,425, using $5,425 in funds appropriated
from the Measure A Transportation Fund.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute, on behalf of
the City of San Rafael, a Right-of-Way Purchase Contract for purchase of the Property, and all other
documents required to effectuate the purchase of the Property by the City, all subject to approval as to
form by the City Attorney.
BE IT FURTHER RESOLVED that the City Council does hereby affirm that the City will
work diligently with the California State Lands Commission and the Property Owner to abandon a
portion of an existing public pedestrian access easement between the San Rafael Canal and Second
Street as shown in Exhibit C and to relocate this easement to the City-owned property at 750 Grand
Avenue, so as to improve pedestrian access to the Canal waterway.
BE IT FURTHER RESOLVED that the City Council acknowledges that the aesthetics of the
Project are an important aspect of the overall success of the Project, and commits the City to work with
the Property Owner to develop a mutually-acceptable landscape plan for the City-owned property at
750 Grand Avenue.
I, ESTHER BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a meeting of the City Council of said City
held on Monday, the 6th of February, 2017, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough and Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER BEIRNE, City Clerk
Recording Requested by:
City of San Rafael
WHEN RECORDED MAIL TO:
City of San Rafael
Department of Economic Development
1313 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
Attention: Tom Adams
20 17 — OLK3049Z
Recorded I REC FEE
Official Records I
County of I
Ilarin I
RICHARD f1. BENSON I
Assessor -Recorder I
County Clerk I
I NN
01:57PN 31 -Jul -2017 I Page 1 of 10
Federal ID No. HSIPL-5043(037)
Stewart Title Escrow No.: 01180-250178 Recording fees exempt per Govt. Code § 6103
Documentary Transfer Tax Exempt per R.T.C. §11922
APN: 014-151-14 SPACE ABOVE THIS LINE FOR RECORDER'S USE
Documentary Transfer Tax $ 0
__ Computed on full value of property conveyed, or
—Computed on the full value less liens or
encumbrances remaining at time of sale
Uninc orated area x City of San Rafael
Signature of Declarant WAgent determining tax
GRANT DEED
MONTECITO MARKET PLACE ASSOCIATES, a California general partnership,
hereby Grant(s) to the
CITY OF SAN RAFAEL, a Municipal Corporation,
the real property in the City of San Rafael, County of Marin, State of California,
described as follows:
SEE EXHIBITS "A & B" ATTACHED HERETO AND MADE A PART HEREOF.
Montecito Market Place Associates, a California general partnership
Date:
Date:
CITY OF SAN RAFAEL
CERTIFICATE OF ACCEPTANCE ATTACHED HERETO,
Accepting the grant of herein described real property.
0.00
Montecito Market Place Associates, a California general partnership
By: Rafael Associates, a California limited partnership, partner
By: PPF Associates, L.P., a California limited partnership,
general partner
By: PPFGP Associates, LLC, a California limited liability
company, its general partner or J7
By:
Willis K. l e
Po, Jr. Trustee of The is K.
Polite, r. Tru t U A dated 4/18/14,
managi me ber
By:
Dennis P. Flsco'Truslee of The Amended
and Restated Fisco Family Trust (1994) U/T/A
2/13/01, managing member
By: Montecito Plaza Associates, a California limited partnership, partner
By: PPF Associates, L.P., a California limited partnership,
general partner
By: PPFGP Associates, LLC, a California limited' liability
company, its general partngr
By:
Wil ' K. P lite, Jr., Trustee ofNae Willis K.
Polite Jr. ust /T/A dated 4/18/1 ,
manag'ng \emb r
By. \ 1
Dennis P.1 Fi o, Trustee of The Amended and
Restated Fisco Family Trust (1994) U/T/A
2/13/01, managing member
[ Signatures continued on next page ]
By: PPF Associates, L.P., a California limited partnership, general partner
By: PPFGP Associates, LLC, a California limited liability
company, its general partneL
By:
Willis Polite, r. Trustee of The K.
Polite, . Trust A dated 4/18/14,
managin mem
By: I
Dennis P. Flscc�Trdstee of The Amended and
Restated Fisco Family Trust (1994) U/T/A
2/13/01, managing member
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Marin
On 51 /S J poi before me, E. Beirne, Notary Public
(insert name and title of the officer)
personally appeared 4e r cK*s �• Fi5 c v
who proved to me on the basis of satisfactory evidence to be theerson(s) whose name(s)s are
subscribed to the within instrument and acknowledged to me thaUb/she/they executed the same in
6]0/her/their authorized capacity(ies), and that by&/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature e`z- -
(Seal)
E. BEIRNE
c COMM: #2112433 z
z Notary Public • California
Marin County
Comm. Expires June 10, 2019
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Marin
On .tel/s/24t;,/� before me, E. Beirne, Notary Public
(insert name and title of the officer)
personally appeared A-) /I -Ai 5 K . pc A f , ::5-g
who proved to me on the basis of satisfactory evidence "to be the person(s) whose name(s)(Nare
subscribed to the within instrument and acknowledged to me that&/she/they executed the same in
1&' /her/their authorized capacity(ies), and that bgCgWher/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature % - roc eu-e-
(Seal)
E. BEIRNE
r COMM. #2112433 z
My
z �► Notary Public • California �
Marin County c
Comm. Expires June 10, 2019
EXHIBIT "A"
DESCRIPTION
FEE ACQUISITION
PORTION OF APN: 014-151-14
All that real property situated in a portion of Parcel Two of that land as deeded
to Montecito Market Place Associates in Instrument Number 87-45371 of Official
Records, recorded July 7, 1987, Marin County Recorder's Office, said land
referred to herein is located in the City of San Rafael, County of Marin, State of
California, more particularly described as follows:
Beginning at the intersection of the easterly right of way line of Grand Avenue
with the southerly right of way line of Second Street, said intersection being
common to the point of beginning of said Parcel Two; thence N78040'53"E 25.78
feet along said southerly right of way line, being coincident to the northerly line
of Parcel Two thereof, to the beginning of a non -tangent curve concave
southeasterly having a radius of 77.14 feet, to which point a radial line bears
N19001'26W; thence Southwesterly 31.59 feet along said non -tangent curve,
through a central angle of 23027'49" to the said easterly right of way line of
Grand Avenue, being coincident to the westerly line of said Parcel Two, to
which point a radial line bears N42029'1 5"W; thence N08040'53"E 11.1 1 feet
along said easterly right of way line to the Point of Beginning.
Together with a temporary easement for construction purposes 5.00 feet wide
more particularly described as follows:
Beginning at the Northwesterly corner of that land as hereinabove described;
thence N78140'53"E 25.78 feet along the northerly line of hereinabove described
land to the True Point of Beginning: thence S69144'34"E 8.36 feet to the
beginning of a non -tangent curve concave southeasterly having a radius of
72.14 feet, to which point a radial line bears N13°52'46"W; thence Southwesterly
42.61 feet along said non -tangent curve, through a central angle of 33150'47",
to the easterly right of way line of hereinabove described land, to which point a
radial line bears N47°43'34"W; thence N08140'53"E 8.45 feet along said easterly
right of way line to the beginning of a non -tangent curve concave southeasterly
having a radius of 77.14 feet, to which point a radial line bears N42028'1 1 "W;
thence Northeasterly 31.59 feet along said non -tangent curve, through a
central angle of 23127'49", to which point a radial line bears N19°01'26"W, to the
True Point of Beginning.
END OF DESCRIPTION
RV 1cad\11176 Grand Avenue Bridge\survey\RW Dedications\11176_RW Desc. 014-151-14 .doc Page 1 of 2 Siegfried
Engineering, Inc.
Title (Cont'd.)
Contains: 101 sq. ft. more or less
Basis of Bearing: The easterly line of Grand Avenue which bears N08°40'53"E as
per Record of Survey filed in Book 18 of surveys, at Page 58, Marin County
Records.
The property described herein is shown on the attached plat, Exhibit "B", and by
this reference made a part thereof.
11176
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EXHIBIT "B"
2ND STREET
P.O.B.
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DATE 05/02/17
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GRAND AVENUE
FEE ACQUISITION
101 SQ FT.
N76 40'53"�257a
3RD ST
2ND ST
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PROJECT
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NOT TO SCALE
SOUTH AWE UE
T.P.O•B SECOND A'N -
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F�(T.C.E.
DATE 05/02/17
a CIVIL
TEMPORARY CONSTRUCTION
EASEMENT
R=77.14' L=31.59'
1
=23°27'49" \
POINT OF BEGINNING
CH=S59°14'39"W 31.37'
R=72.14' L=42.61'
\'—A=33050'47"
LAN/
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CH=S59°11'50"W 42.00'
NO. 11176
MONTECITO MARKET PLACE
3244 Brookside Road, Suite 100 Stockton, California
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ASSOCIATES
APN 014-151-14
0' 5'
10' 20'
SCALE:1 "=10'
F�(T.C.E.
DATE 05/02/17
a CIVIL
TEMPORARY CONSTRUCTION
EASEMENT
T.P.O.B.
TRUE POINT OF BEGINNING
P.O.B.
POINT OF BEGINNING
■ S I E G F R I E D ENGINEERING
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a PLANNING
NO. 11176
>•r EXP. LJ�
I GRAND AVENUE FEE ACQUISITION I
409 2ND STREET SAN RAFAEL, CA
DATE 05/02/17
a CIVIL
SCALE; AS SHOWN
ENGINEERING
DESIGN L2
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a STRUCTURAL
■ S I E G F R I E D ENGINEERING
a SURVEYING
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a PLANNING
NO. 11176
1
3244 Brookside Road, Suite 100 Stockton, California
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JOB
-0214
208-843-2021 www.slegfrladang.com Fx: 208-842-0214
WHEN RECORDED RETURN TO:
City of San Rafael
Department of Economic Development
1313 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
Attention: Tom Adams
AREA: San Rafael
APN:014-151-14
Federal ID No. HSIPL-5043(037)
CERTIFICATE OF ACCEPTANCE OF GRANT
OF INTEREST IN REAL PROPERTY
THIS IS TO CERTIFY that the interest in real property conveyed by
the attached GRANT DEED dated I y �, �� , 2017, from
MONTECITO MARKET PLACE ASSOCIATES, a California general partnership,
to the CITY OF SAN RAFAEL, a Municipal Corporation, is hereby accepted by
order of the City Council of the City of San Rafael and the grantee consents to
the recordation thereof by its duly authorized officer.
Dated: t ��
m chutz
Ci y anager, C04 San Rafael
Attest:
�
l �
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Marin
On 16-1 /I /z017 before me, E. Beirne, Notary Public
(insert name and title of the officer)
personally appeared --::7/-&Y .5'CA1lj i z
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s'i /are
subscribed to the within instrument and acknowledged to me that ilD/she/they executed the same in
cher/their authorized capacity(ies), and that bydg/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature '-� - W -e4 Z "'&�
(Seal)
E. BEIRNE
COMM. #2112433 z
0:@MY
Notary Public . California o
zMarin County
Comm, Expires June 10,2a Q9
EXHIBIT C
Yellow Line: Current Entrance of Pedestrian Access Easement
(Proposed to Abandon & Relocate to Green Line)
Red Line: Canal Waterway Pedestrian Access Easement
(No Changes Proposed)
Green Line: Proposed New Entrance of Pedestrian Access Easement
RESOLUTION NO. 14271
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING
CONVEYANCE OF A NON-EXCLUSIVE EASEMENT FOR DRIVEWAY PURPOSES
OVER CITY-OWNED PROPERTY AT 750 GRAND AVENUE, SAN RAFAEL (APN 014-
132-10) TO MONTECITO MARKET PLACE ASSOCIATES
WHEREAS, the City of San Rafael is the owner of that certain real property located in
the City of San Rafael, County of Marin, State of California, bearing Assessor’s Parcel Number
014-132-10 and commonly referred to as 750 Grand Avenue, San Rafael, CA 94901; and
WHEREAS, Montecito Market Place Associates owns adjacent property bearing
Assessor’s Parcel Number 014-151-14 and commonly referred to as 409 Third Street, San
Rafael, CA 94901; and
WHEREAS, the City of San Rafael plans to construct the Grand Avenue Improvement
Project to provide public safety improvements in and around the intersection of Second Street
and Grand Avenue; and
WHEREAS, as part of the Grand Avenue Improvement Project, an existing driveway at
409 Third Street must be relocated; and
WHEREAS, City staff has determined that it is appropriate and desirable to convey an
easement to Montecito Market Place Associates over the City-owned property at 750 Grand
Avenue to accommodate the relocation of the driveway for 409 Third Street;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby approves the grant to Montecito Market Place Associates of a non-exclusive
easement for driveway purposes on and over the City’s property at 750 Grand Avenue as shown
in attached Exhibit A and Exhibit B, and authorizes the City Manager, on behalf of the City of
San Rafael, to execute an easement deed and all other documents required to effectuate the
conveyance of said easement, all subject to approval as to form by the City Attorney.
BE IT FURTHER RESOLVED that this Resolution may be attached to the easement
deed conveying said easement and recorded together with said deed in the Marin County
Recorder's Office.
I, ESTHER BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a meeting of the City Council of
said City held on Monday, the 6th of February, 2017, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER BEIRNE, CITY CLERK
So
�CO Recording Requested by:
City of San Rafael
WHEN RECORDED MAIL TO:
City of San Rafael
Department of Economic Development
1313 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
Attention: Tom Adams
Federal ID No. HSIPL-5043(037)
Stewart Title Escrow No.: 01180-250178
II IIIIIIIIIIIIIIII IIIII IIIIIIIIIIII I I III
2017-0030493
Recorded I REC FEE 75.00
Official Records I
County of I
llarin I
RICHARD 11. BENSON I
Assessor -Recorder I
County Clerk I
I 11q
01:57PIl 31 -Jul -2017 I Page 1 of 16
APN: 014-151-14 �_ SPACE ABOVE THIS LINE FOR RECORDER'S USE
Documentary Transfer Tax $ 0 Va l uB le *-7 Aho /7 -0/00 —
X Computed on full value of property conveyed, or
_ Computed on the full value less liens or encumbrances remaining at time of sale
U ' rpofated area x City of San Rafael
Signa ure of Declaraig or Agent determining tax
GRANT OF DRIVEWAY EASEMENT
AND LANDSCAPE AGREEMENT
This Driveway Easement and Landscape Maintenance Agreement (this "Agreement")
is made by and between CITY OF SAN RAFAEL, a Municipal Corporation
("Grantor"), and MONTECITO MARKET PLACE ASSOCIATES, a California general
partnership ("Grantee"), pursuant to Resolution No. I ya I , attached
hereto as Exhibit A and made a part hereof.
RECITALS
a. Grantor is the owner of that certain real property commonly known as 750 Grand
Avenue, situated in the City of San Rafael, County of Marin, State of California,
and constituting Marin County Assessor's Parcel Number 014-132-10, as more
particularly described in Exhibit B, attached hereto and made a part hereof (the
"City Property"); and
b. Grantee is the owner of that certain real property situated in the City of San
Rafael, County of Marin, State of California, and constituting Marin County
Assessor's Parcel Number 014-151-14, as more particularly described in Exhibit
C, attached hereto and made a part hereof (the "Montecito Property"); and
c. Grantor desires to grant to Grantee, and Grantee desires to acquire from
Grantor, a perpetual, irrevocable, non-exclusive easement over a portion of the
City Property for the benefit of the Montecito Property, for use as a driveway, all
as provided in this Agreement.
d. It is the mutual intent of Grantor and Grantee to hereby establish a general plan
for the development, management and maintenance of the Driveway
Page 1 of 4
Improvements (defined below) located within the Access Easement, and a
general plan for the management and maintenance of the landscaping of the City
Property adjacent to the Access Easement.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Grant of Easement. Grantor hereby grants to Grantee a permanent
perpetual, irrevocable, non-exclusive easement (the "Access Easement") over and
across that portion of Grantor's property more particularly described in Exhibit D-1 and
platted in Exhibit D-2, each attached hereto and made a part hereof (the "Easement
Area"), which Easement shall be appurtenant to the Montecito Property, as the
dominant tenement. The Access Easement is for the purposes of (a) ingress and
egress to and from Grand Avenue and the Montecito Property; and (b) access,
maintenance, replacement and repair of the Driveway Improvements pursuant to the
terms of this Agreement; and (c) incidental uses related to the foregoing purposes. The
City Property, as the servient tenement, and Grantor, shall be subject to the Access
Easement, and shall not make any use of, or allow any condition to exist on, the Access
Easement, including the Public Improvements (defined below), that interferes with the
use and enjoyment of the Access Easement. Grantor shall not, and shall not permit any
third party to, place or maintain any obstruction in the Access Easement, including the
Sidewalk (defined below), that prevents its safe and reasonable use as a driveway to
and from the Montecito Property. The Access Easement includes a right to enter upon
the City Property to access, maintain and repair the Driveway Improvements, subject to
the terms and conditions set forth herein. Subject to the foregoing, Grantor retains the
right to make any use of the Access Easement that does not interfere with the free use
and enjoyment of the Access Easement by Grantee, its partners, tenants, agents,
employees, invitees, guests, the invitees and guests of its tenants, and its successors
and assigns.
2. Improvement of Access Easement. Grantor shall be responsible, at its
sole expense, for improving the Easement Area with a paved, unobstructed driveway
sufficient for ingress and egress of commercial delivery vehicles, including but not
limited to any demolition and removal of all structures existing thereon as of the date
hereof, and any paving or repaving, to the extent necessary to facilitate ingress and
egress between Grand Avenue and the Montecito Property (the "Driveway
Improvements"). Subject to the terms of this Agreement, Grantor may also improve
the western portion of the Easement Area that consists of the driveway apron and
sidewalk (together, the "Sidewalk") with public pedestrian and bicycle improvements,
including but not limited to new sidewalks, curbs, gutters, signage and striping (the
"Public Improvements").
3. Maintenance and Repairs of Access Easement. Upon completion of
construction by Grantor of the Driveway Improvements and the Public Improvements,
Grantee shall be solely responsible for the repair, replacement and maintenance of the
Driveway Improvements, excluding any such improvements located on the Sidewalk
portion of the Easement Area, which shall be the sole responsibility of Grantor. Grantor
shall be responsible for the repair, replacement and maintenance of the Public
Improvements, and shall be responsible for maintaining in good repair all
Page 2 of 4
improvements, including paving, located within the Sidewalk portion of the Easement
Area.
4. Landscape Agreement. Grantor shall, at its sole expense, landscape and
maintain the portions of the City Property that are adjacent to the boundaries of the
Easement Area with hedges, trees or plantings, or any combination thereof (the
"Landscaping Improvements"), in a manner consistent with the parking lot screening
and landscaping standards set forth in the San Rafael Municipal Code, and pursuant to
a landscaping plan approved in advance by Grantee, which approval shall not be
unreasonably withheld. The Landscaping Improvements shall be maintained in a
healthy and clean condition, with replanting done as necessary to maintain compliance
with the previously approved landscape plan. At a minimum, Grantor shall landscape
those portions of the City Property that consist of ten feet in width running the length of
each boundary between the Easement Area and the City Property.
5. Binding on Successors. This Agreement, including the Easement, shall
run with and bind the City Property, and shall be binding on and shall inure to the
benefit of the heirs, executors, administrators, successors and assigns of the parties
hereto.
6. Attorneys' Fees. If any legal action or proceeding arising out of relating to
this Agreement is initiated by any party to this Agreement, the prevailing party shall be
entitled to recover from the other party its reasonable attorneys' fees and costs incurred
by the prevailing party in connection with such legal action or proceeding.
7. Entire Agreement. This Agreement, and that certain Right -of -Way
Contract dated February 7, 2017, entered into by and between Grantor and Grantee,
constitute the entire agreement among between the parties hereto relating to its subject
matter. All prior agreements, promises, negotiations or representations not expressly
set forth in this Agreement are of no force and effect.
8. Severability. If any provision of this Agreement is held invalid, the
remainder of this Agreement shall not be affected.
9. Amendment. This Agreement may be amended only by a writing signed
by the parties hereto, or their respective successors and assigns.
10. Additional Documents. Each party hereto agrees to execute and deliver
such additional documents and instruments to perform such additional acts as may be
necessary or appropriate to carry out and perform all the terms and provisions of this
Agreement.
11. Exhibits. The exhibits attached to this Agreement are incorporated into
and shall be treated as set forth in the body of this Agreement.
12. Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument notwithstanding that all parties are not
signatories to one original or one copy of this Agreement.
Page 3 of 4
IN WITNESS WHEREOF, the parties hereto have executed this Grant of
Easement and Landscape Agreement on the dates indicated below.
"Grantor"
City of San fael
JiUScutz, City an er
ATTEST.,:."..,
Citj�:Cler�;�'
"Grantee"
Montecito Market Place Associates, a
California qpy al j4artnership
Willis K. Polit6, A., Partn
\l
Dennis P. Tis o,
Page 4 of 4
Montecito Market Place Associates, a California general partnership
By: Rafael Associates, a California limited partnership, partner
By: PPF Associates, L.P., a California limited partnership,
general partner
By: PPFGP Associates, LLC, a California limited liability
company, its general pager ,l
By: w—.f — v
Willis K. Polite, r., ustee Willis K.
Polite, . Trust /T/A dated 4/18/14,
managin memb
By: )
Dennis P. Fi co, Tr ste of The Amended
and Restated Fisc Family Trust (1994) U/T/A
2/13/01, managing member
By: Montecito Plaza Associates, a California limited partnership, partner
By: PPF Associates, L.P., a California limited partnership,
general partner
By: PPFGP Associates, LLC, a California limited liability
company, its general partn�y� /fes
By: ' — v
WilliK. Poli e, Trustee o The Willis K.
Polite, r. Tru t U /A dated 4/
managi g me be
By:
Dennis P. iscoTrustee of The Amended and
Restated Fisco amity Trust (1994) U/T/A
2/13/01, managing member
[ Signatures continued on next page ]
By: PPF Associates, L.P., a California limited partnership, general partner
By: PPFGP Associates, LLC, a California limited liability
company, its general partner A
Willis K. -Polite,
Polite, Jr. Trust
managing em
By: \
Ar
ustee of ' s K.
dated 4/18/14,
Dennis P. Fiscol, Trustee of The Amended and
Restated Fisco Family Trust (1994) U/T/A
2/13/01, managing member
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Marin
On �'/ 5120/ �:;- before me, E. Beirne, Notary Public
(insert name and title of the officer)
personally appeared A-ecc .s 7p ei.Sc.a
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)oare
subscribed to the within instrument and acknowledged to me thatg'she/they executed the same in
0/her/their authorized capacity(ies), and that b)o/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature - �e' -
(Seal)
E. BEIRNE
COMM. #2112433 z
WNotary Public - California o
Z Marin County
Comm. Expires June 10 2019
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Marin
On 19-
/119/ a / --4 before me, E. Beirne, Notary Public
(insert name and title of the officer)
personally appeared AJIL41--/5 /4. 4/-i; ` le
who proved to me on the basis of satisfactory evidence to be the person(s) whose name('/are
subscribed to the within instrument and acknowled ed to me that/she/they executed the same in
(*/her/their authorized capacity(ies), and that b h' /her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature /fr -
(Seal)
E. BEIRNE
c COMM. #2112433 z
= Notary Public . California z
Marin County °
Comm. Expires June 10, 2019
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Marin
On SIlo''201--7— before me, E. Beirne, Notary Public
(insert name and title of the officer)
personally appeared �TI—IY Se 14 07 -2-
who
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s&are
subscribed to the within instrument and acknowledged to me that(/she/they executed the same in
ler/their authorized capacity(ies), and that by tg/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Pte• Fp�p� .
(Seal)
E. BEIRNE
COMM. #2112433 z
W@My
Notary Public . California o
zMarin County
Comm. Expires June 10, 2019
RESOLUTION NO. 14271
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING
CONVEYANCE OF A NON-EXCLUSIVE EASEMENT FOR DRIVEWAY PURPOSES
OVER CITY -OWNED PROPERTY AT 750 GRAND AVENUE, SAN RAFAEL (APN 014-
132-10) TO MONTECITO MARKET PLACE ASSOCIATES
WHEREAS, the City of San Rafael is the owner of that certain real property located in
the City of San Rafael, County of Marin, State of California, bearing Assessor's Parcel Number
014-132-10 and commonly referred to as 750 Grand Avenue, San Rafael, CA 94901; and
WHEREAS, Montecito Market Place Associates owns adjacent property bearing
Assessor's Parcel Number 014-151-14 and commonly referred to as 409 Third Street, San
Rafael, CA 94901; and
WHEREAS, the City of San Rafael plans to construct the Grand Avenue Improvement
Project to provide public safety improvements in and around the intersection of Second Street
and Grand Avenue; and
WHEREAS, as part of the Grand Avenue Improvement Project, an existing driveway at
409 Third Street must be relocated; and
WHEREAS, City staff has determined that it is appropriate and desirable to convey an
easement to Montecito Market Place Associates over the City -owned property at 750 Grand
Avenue to accommodate the relocation of the driveway for 409 Third Street;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby approves the grant to Montecito Market Place Associates of a non-exclusive
easement for driveway purposes on and over the City's property at 750 Grand Avenue as shown
in attached Exhibit A and Exhibit B, and authorizes the City Manager, on behalf of the. City of
San Rafael, to execute an easement deed and all other documents required to effectuate the
conveyance of said easement, all subject to approval as to form by the City Attorney.
BE IT FURTHER RESOLVED that this Resolution may be attached to the easement
deed conveying said easement and recorded together with said deed in the Marin County
Recorder's Office.
I, ESTHER BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a meeting of the City Council of
said City held on Monday, the 6th of February, 2017, by the following vote, to wit:
AYES:
COUNCILMEMBERS:
Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
.Ice ,m.,j�. . ) w oe&..
ESTHER BEIRNE, CITY CLERK
EXHIBIT A
EXHIBIT.,A„
DESCRIPTION
ACCESS EASEMENT
PORTION OF APN: 014-132-10
All that real property situated in a portion of that land as deeded to the City of
San Rafael in Instrument Number 2016-0054964 of Official Records, recorded
November 28, 2016, Marin County Recorder's Office, said real property referred
to herein is located in the City of San Rafael, County of Marin, State of
California, more particularly described as follows:
Beginning at the Northeasterly corner of said land as deeded to the City of San
Rafael in Instrument number 2016-0054964; thence S08a41'59"W 72,83 feet along
the easterly line of hereinabove described land to the True Point of Beginning:
thence continuing S08041'59"W 39,13 feet along said easterly line to the
beginning of a non -tangent curve concave southwesterly, having a radius of
20.00 feet, to which a radial line bears N64'40'1 I "E; thence northwesterly 4.43
feet along said curve through a central angle of 12041'05"; thence N38000'54"W
40.73 feet to the westerly line of said described land, said westerly line being
coincident to the easterly right of way line of Grand Avenue; thence
N15a06'53"E 35.00 feet along said easterly right of way line; thence S38000'54"E
39.29 feet to the True Point of Beginning.
END OF DESCRIPTION
Contains: 1,176 sq. ft. more or less
Basis of Bearing: The easterly line of that land as granted to the City of San
Rafael in Instrument Number 2016-0054964, Marin County Records, which bears
S08041'59"W,
The property described herein is shown on the attached plat, Exhibit"B" , and by
this reference made a part thereof,
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EXHIBIT A
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EAST LINE
GRAND AVENUE
I.N. 2016-0054964 y�s1n
APN 014-132-1 D °ylw-1
EXHIBIT "B"
GRAND AVENUE
2,
N16°08163136,00'
ACCESS
EASEMENT S81°29'39"E 23:
°
1J761 F
W 39.13' SB41'59
°"W 72,83'
P
T,P,O,B,
R=20.00' L=4.43'
DELTA =12°41'05°
CH=N31 °40'21"W 4.42'
(D
0' 15' 30' 60'
SCALE: 1n=30'
GRAND AVENUE ACCESS EASEMENT
760 GRAND AVENUE SAN RAFAEL, CA
MONTECITO MARKET
PLACE ASSOCIATES
APN 014-151-14
P.O.B. - POINT OF BEGINNING
T.P.O.B. - TRUE POINT OF
BEGINNING
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8244 Brooknlda Road, Suite 100 Slookion, California 88210
200-048-2021 www' $IGOIrig don0.cam Fx1 200-042-0214 OF; I
EXH I BIT A
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DATE
01/25/17
DESIGN
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EXHIBIT "B"
GRAND AVENUE
2,
N16°08163136,00'
ACCESS
EASEMENT S81°29'39"E 23:
°
1J761 F
W 39.13' SB41'59
°"W 72,83'
P
T,P,O,B,
R=20.00' L=4.43'
DELTA =12°41'05°
CH=N31 °40'21"W 4.42'
(D
0' 15' 30' 60'
SCALE: 1n=30'
GRAND AVENUE ACCESS EASEMENT
760 GRAND AVENUE SAN RAFAEL, CA
MONTECITO MARKET
PLACE ASSOCIATES
APN 014-151-14
P.O.B. - POINT OF BEGINNING
T.P.O.B. - TRUE POINT OF
BEGINNING
A
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8244 Brooknlda Road, Suite 100 Slookion, California 88210
200-048-2021 www' $IGOIrig don0.cam Fx1 200-042-0214 OF; I
EXH I BIT A
LEGAL (DESCRIPTION OF THE PROPERTY
The land referred to herein is situated' in the State of California, County of Marin, City of San Rafael and
described as follows:
Beginning at the Northeasterly corner of the parcel of land conveyed to Marin Municipal Water District by
Deed recorded July 22, 1927 in Book 123, Page 242, Official Records of Marin County; thence along the
Easterly line of said parcel South 8° 41'59'' West 193.89 feet to the Southerly line of said parcel; thence
along last said line North 750 03' 56" West 44.96 feet; thence North 150 06' 53 East 190.12 feet to the
Northerly line of said parcel; thence along last said line South 8.10 29'39" East 23.45 feet to the point of
beginning.
APN: 014-132-10
(End of Legal Description)
OAK M20 -94j3-1184 43
EXHIBIT B
All that real property situated in a portion of Parcel Two of that land as deeded to Montecito Market Place
Associates in Instrument No. 87-45371 of Official Records, recorded July 7, 1987, Marin County
Recorder's Office, said land referred to herein is located in the City of San Rafael, County of Marin, State
of California, more particularly described as follows:
Parcel One:
BEGINNING at a point on the Easterly line of Grand Avenue, distant thereon South 8° 45' 19" West
189.50 feet from the intersection of said Easterly line with the Southeasterly line of Third Street, said point
being on the Southeasterly line of Second Street, and also being on the Southeasterly line of that parcel
of land occurring as the first mentioned exception to Parcel One as delineated in that deed recorded May
24, 1973 in Book 2689 of Official Records at page 116, Marin County Records; thence along said Easterly
line and also along the Easterly line of that parcel of land conveyed to Marin Municipal Water District, by
deed recorded July 22, 1927 in Book 123 of Official Records at page 242, Marin CountyRecords, South
80 45' 19" West 261.11 feet; thence South 70° 15' 17" East 0.12 feet; thence North 230 24' 15" East 23.44
feet; thence South 780 24' 06" East 137.99 feet; thence North 880 47' 38" East 13.30 feet; thence South
72° 34' 07" East 20.76 feet; thence North 860 41' 12" East 17.13 feet; thence North 85° 52' 18" East 8.61
feet; thence South 720 41'26" East 16.10 feet; thence South 76° 13'24" East 17.13 feet; thence South
700 25' 16" East 19.50 feet to the Westerly line of the parcel of land conveyed to George H. Lewis Realty
Co., by Deed recorded December 2, 1957 in Book 1157 of Official Records at cage 29, Marin County
Records; thence along said Westerly line North 150 08'36" East 396.73 feet to a point on the aforesaid
Southeasterly line of Second Street, point also being a point on a curve, concave Southeasterly, having a
radius of 215.00 feet, and from which a radial line bears South 40 43' 19" West, thence Southwesterly
along said curve, and along said Southeasterly line of Second Street through a central angle of 330 28'
06" an arc distance of 125.59 feet, thence Southwesterly tangent to said curve South 610 15' 19" West
71.14 feet to the beginning of a tangent curve concave Northwesterly having a radius of 259.00 feet,
thence Southwesterly along said curve, through a central angle of 17° 30'00" an are distance of 79.11
feet; thence tangent to said curve South 78° 45' 19" West 61.33 feet to the point of beginning.
Excepting therefrom that portion conveyed to the City of San Rafael and more particularly described as
follows:
Beginning at the intersection of the Easterly right of way line of Grand Avenue with the Southerly right of
way line of Second Street, said intersection being common to the point of beginning of said Parcel Two;
thence North 78040'53" East, 25.78 feet along said Southerly right of way line, being coincident to the
Northerly line of Parcel Two thereof, to the beginning of a non -tangent curve concave Southeasterly
having a radius of 77.14 feet, to which point a radial line bears North 19°01'26" West; thence
Southwesterly 31. 59 feet along said non -tangent curve, through a central angle of 23027'49" to the said
Easterly right of way line of Grand Avenue, being coincident to the Westerly line of said Parcel Two, to
which point a radial line bears North 42029'15" West; thence North 08°40'53" East, 11.11 feet along said
Easterly right of way line to the Point of Beginning.
Parcel 2:
EASEMENTS as contained in the "Grant of Easements and Agreement with Respect thereto", by and
between Marin Title Guaranty Company, a corporation, and George H. Lewis Realty Company, a
corporation, recorded December 26, 1956 in Book 1082. of Official Records at Page 20 Marin County
Records, and the amendment thereto recorded April 6, 1959 in Book 1266 of Official Records at Page
495 , Marin County Records, and the amendment thereto recorded July 18, 2000 as Instrument No. .
Instr. # 2000-0036733, of Official Records.
APN: 014-151-14
EXHIBIT C
EXHIBIT "D _ 1. i
DESCRIPTION
ACCESS EASEMENT
PORTION OF APN: 014-132-10
All that real property situated in a portion of that land as deeded to the City of
San Rafael in Instrument Number 2016-0054964 of Official Records, recorded
November 28, 2016, Marin County Recorder's Office, said real property referred
to herein is located in the City of San Rafael, County of Marin, State of
California, more particularly described as follows:
Beginning at the Northeasterly corner of said land as deeded to the City of San
Rafael in Instrument number 2016-0054964; thence S08041'59"W 72.83 feet along
the easterly line of hereinabove described land to the True Point of Beginning:
thence continuing S08a41'59"W 39.13 feet along said easterly line to the
beginning of a non -tangent curve concave southwesterly, having a radius of
20.00 feet, to which a radial line bears N64140'1 I "E; thence northwesterly 4.43
feet along said curve through a central angle of 12041'05"; thence N38000'54"W
40.73 feet to the westerly line of said described land, said westerly line being
coincident to the easterly right of way line of Grand Avenue; thence
N15a06'53"E 35.00 feet along said easterly right of way line; thence S38100'54"E
39.29 feet to the True Point of Beginning.
END OF DESCRIPTION
Contains: 1,176 sq. ft. more or less
Basis of Bearing: The easterly line of that land as granted to the City of San
Rafael in Instrument Number 2016-0054964, Marin County Records, which bears
S08041 ' 59"W.
The property described herein is shown on the attached plat, Exhibit "E", and by
this reference made a part thereof.
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EXHIBIT
EAST LINE
GRAND AVENUE
I.N. 2016-0054964 y6..o
APN 014-132-10
"BASIS OF BEARING" 58°41'59"\N 193.89'
GRAND AVENUE
190.12'
N15006'53"E 35.00'/4F °°
ACCESS°°'S81 °29'39"E 23.45'—
EASEMENT ,,
1,176 s.f. o°
5°° s8 -0159"W72.63'
S8°41'5L\N 39.13' P.O.B:
'-T.P.O.B.
R=20.00' L=4.43'
DELTA =12141'05" V 0', t<" -'I 10 � A I
CH=N31e40'21"W 4.42' F„ ACL A:;70C' A
0' 15' 30' 60'
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SCALE: 1"=30'
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P.O.B. - POINT OF BEGINNING
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No. 824
EXP.
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750 GRAND AVENUE SAN RAFAEL, CA
DATE
05/02/17
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DRAWN
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JOB N0.
11176
3244 Brookside Road, Sulte 100 Stockton, Callforn[a
95219
209-9429 4
OF: 1
209-943-2021 www.slogfriedeng.com Fx:
EXHIBIT D-2