HomeMy WebLinkAboutCC Resolution 13828 (Public Park Easement Agr.)RESOLUTION NO. 13828
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL GRANTING AN
EASEMENT TO THE SAN RAFAEL SANITATION DISTRICT FOR CONSTRUCTION AND
MAINTENANCE OF A SANITARY FORCE MAIN ACROSS A PUBLIC PARK AREA AT THE
END OF GLOUCESTER COVE (APN 009-092-28) AND AUTHORIZING THE MAYOR TO
SIGN THE EASEMENT AGREEMENT.
WHEREAS, San Rafael Sanitation District (SRSD) has requested an easement across Assessor's
Parcel No. 009-092-28, owned by the City of San Rafael, for construction and maintenance of a sanitary
line which will connect existing facilities on Bellam Boulevard and the Cayes Main Pump Station; and
WHEREAS, SRSD's improvement of sewer infrastructure to the citizens of San Rafael
constitutes a public benefit; and
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
San Rafael, California, that it approves and authorizes the Mayor to execute the Easement Agreement
with SRSD for the installation and maintenance of sewer infrastructure on the City's property (Assessor
Parcel No. 009-092-28) in a form approved by the City Attorney, for recordation by SRSD, following
adoption of this resolution, upon payment to the City of $1,700.
I, ESTHER BEIRNE, Clerk of the City of San Rafael, California, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council
of said City held on the 20th day of October, 2014, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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ESTHER BEIRNE, City Clerk
File No.: 09.02.10
L`
Rewd Mad Feet
Per 00 2741"
Recording Requested By:
Doris Toy, District Manager/District Engineer
San Rafael Sanitation District
111 Morphew Street
San Rafael, CA 94901
When Recorded Please Return to:
As above.
A.P.N. 009-092-28
EASEMENT AGREEMENT
III(I IIIIIIIIIIIIIIII�IIIII�IIIIIIftI II III
20-115-0003006
Recorded I OR FEE
Official Records I
County of I
Ilarin I
IIICIIRRU II. CEIIS011 I
nssessor-Recorder I
County Clerk I
la
09:42fill 26 -Ion -2015 I Pa-je I of 11
No Fee, Govt. Code 6103.
THIS EASEMENT AGREEMENT ("Agreement") is made and entered into as of
this 5th day of January, 2015, by and between the City of San Rafael ("Grantor"), and
the San Rafael Sanitation District ("District').
For valuable consideration, receipt of which is hereby acknowledged, the parties agree
as follows:
Section 1. Recitals:
A. Grantor is the owner of that certain real property located in the City of San Rafael,
County of Marin, State of California, more particularly described as Parcel C as
shown on the subdivision map "Map of Spinnaker Point Unit 3" recorded on
February 6, 1981, in volume 18 of Maps at Page 40 in the office of the Recorder,
Marin County California, being A.P.N. 009-092-28 (the "Property").
B. The District wishes to install facilities on the Property and has asked Grantor to
grant the District an easement as described below.
C. Grantor desires to convey a non-exclusive easement over a portion of the Property
to the District for the purposes described below.
Section 2. Grant of Easements:
A. As the owner of the Property, Grantor hereby grants the District, its successors,
and assigns, a non-exclusive easement, over the lands described in Exhibit A,
incorporated herein as if fully set forth ("Easement').
B. The Easement described in Section 2(A) shall be held subject to the following
terms and conditions:
L The District is granted the right to lay, maintain, repair, remove, replace and
operate a pipeline or pipelines of such dimension or dimensions as the
District elects to install, together with the right to construct and maintain such
systems, valves and other facilities as may be necessary or convenient in
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connection with storage, transmission and delivery of sanitary service,
including reasonable ingress and egress over paved adjoining lands of
Grantor for the construction, repair and maintenance of such pipeline(s) and
facilities ("Improvements").
Any pipeline shall be installed underground so that the top of the pipeline is a
minimum of 30 inches below the natural ground surface for the entire length
of the pipeline within the easement.
iii. Any above -ground facilities, valves, or other fixtures necessary and
appurtenant to any underground pipeline shall not exceed four (4) feet in
height and shall have a total square footage less than 25 square feet, shall
be painted and maintained with earthtone colors, and shall be subject to the
Grantor's approval as to design and location. Any such fixtures shall be
maintained free of graffiti at all times by District.
iv. Grantor reserves the right to use the Easement for any and all purposes that
will not unreasonably interfere with District's use of the Easement and
operation of the Improvements, including, storm drainage, or other utility
purposes. No structures, fill, or other improvements shall be placed on or
over the Easement that interfere with or impede access to the use, repair,
replacement, or maintenance of the installations in the Easement. Provided
there is no interference with the District's use as described herein, Grantor
may use or grant additional easements to others for uses including, but not
limited to, ingress and egress.
V. Grantor reserves and shall have the right to revise the grade of the surface or
the location of the Easement, if and when Grantor shall first pay to the
District the full expense of changing the grade or location of the pipeline(s)
and other installations of the District therein if that is reasonably determined
by District to be necessary to protect such Improvements. In the event of a
change in grade, the District will determine if the grade change requires the
raising or lowering of the pipeline or other installation. The District, in its sole
discretion, shall determine all costs associated with the change in grade. If
Grantor desires a change in the location of the Easement, Grantor shall first
grant District a suitable new easement approved by the District, which
approval shall not be unreasonably denied.
vi. The District is under no obligation to install or to maintain any additional
surfacing on the Easement, unless it is a condition of improving District
access to repair, replace, maintain, or to use the installations in the
Easement. The District shall maintain the easement as Open Space and
shall not install any additional improvements without written approval from
the City. The District shall not be liable for any contribution under the
provisions of California Civil Code Section 845.
vii. Any landscaping, irrigation or earthwork damaged by the work within the
easement shall be repaired and replaced by the District at their expense to
Easement Agreement — City of San Rafael and SRSD
2
the satisfaction of the Grantor. The District shall be responsible for installing,
and maintaining all erosion and sedimentation facilities prior to starting the
construction.
Section 3. Construction of Improvements:
The District may construct Improvements in the Easement as described in Section 2(B)
(i) -(iii). The District shall give Grantor at least ten (10) business days written notice prior
to the commencement of construction of the Improvements in the Easement. If any
portion of the Property is damaged during the duration of the construction project, the
District shall assume the loss as provided in Section 4 hereafter.
Section 4. Damaqes to the Property:
If District damages any portion of the Property during construction of the Improvements,
by reason of leakage or other failure of any part of the underlying District pipelines or
other facilities installed hereunder, or by reason of the District exercising its rights
hereunder for purposes of repair, maintenance, or operation of the Improvements, or for
any other purpose, then the District shall assume the loss.
If the District undertakes any repair on any portion of the Property damaged by District,
the District's work shall conform to applicable standards of the construction industry.
The District shall replace or repair any portion of the Property damaged by the District to
the conditions that previously existed, reasonable wear and tear excepted, to the
Grantor's reasonable satisfaction. Alternatively, District shall reimburse Grantor for its
reasonable costs in repairing the damages to the Property.
Section 5. Damaqes to the Improvements:
The Grantor shall reimburse District for District's reasonable costs in replacing or
repairing any damage to the Improvements caused by Grantor or its agents or
representatives.
Section 6. Hold Harmless:
District shall indemnify, defend, and hold harmless Grantor, its officers, employees and
agents, against any action, claim, demand, judgment, loss, liability or expense of any
kind, including attorney's fees, arising out of or resulting in any way, in whole or in part,
from the execution of this Agreement, or from the actions or omissions, intentional or
negligent, of District in the installation of the Improvements or the maintenance, repair,
removal, replacement or operation of such Improvements under this Agreement.
Grantor agrees to indemnify, defend, and hold harmless the District, its officers,
directors, agents, and employees, attorneys and representatives, for any and all claims,
demands, actions (including but not limited to personal injury/wrongful death, premises
liability, and workers compensation), interest, rights, costs, damages, attorney's fees,
suits and/or causes of action, whether based on tort, contract, statute or other ground or
Easement Agreement — City of San Rafael and SRSD
3
authority, arising out of the Grantor, its employee's agent's or representatives' use of
the Property.
Section 7. Representation:
This Agreement is executed voluntarily by each of the parties hereto, all of whom have
had the opportunity to obtain legal advice by independent counsel of their choice as to
the content and effect of this Agreement.
Section 8. Authorization:
Each signatory to this Agreement warrants that he or she has full authority to execute
this Agreement on behalf of and thus bind the individual, or entity represented.
Section 9. Entire Aqreement:
This Agreement contains the entire agreement and understanding between the parties.
Section 10. Binding on Successors:
This Agreement shall bind and inure to the benefit of the respective successors and
assigns, of each of the parties.
Section 11. Paraqraph Headinqs:
Paragraph headings are used for reference purposes only and are not intended to
describe, interpret, define or limit the scope or extent of this Agreement or any of its
provisions.
Section 12. Governinq Law:
This Agreement shall be governed by and construed in accordance with the laws of the
state of California.
Section 13. Counterparts'.
This Agreement may be executed in any number of counterparts, each of which shall be
an original, but all of which taken together, shall constitute one instrument.
Section 14. Facsimile Siqnatures:
The parties agree that this Agreement, documents ancillary to this Agreement and
related documents to be entered into in connection with this Agreement will be
considered signed when the signature of a party is delivered by facsimile transmission.
Such facsimile signature shall be treated in all respects as having the same effect as an
original signature.
Easement Agreement — City of San Rafael and SRSO
4
Section 15. No Presumption Reqardinq Drafter:
The parties acknowledge and agree that the terms and provisions of this Agreement
have been negotiated and discussed between the parties and their attorneys, and this
Agreement reflects their mutual agreement regarding the same. Because of the nature
of such negotiations and discussions, it would be inappropriate to deem any party to be
the drafter of this Agreement, and therefore no presumption for or against validity or as
to any interpretation hereto, based upon the identity of the drafter shall be applicable in
interpreting or enforcing this Agreement.
In Witness whereof, the parties have executed this Agreement as of the date first
hereinabove written.
GRANT R: THE C OF SAN RAFAEL
By: i
Gary . hilli s,�ay r
Attest:
� c . 9.4w
Esther C. Beirne, City Clerk
App oved as to Form:
a k a L J,
Robert F. Epstein, C y Att r ey
DISTRICT:SA R1AFAI7L SANITATION DISTRICT
By: % ,--
Doris Toy, District' nager/District Engineer
Attest:
r�
Sei6retary
Ittacve as Form'
hment:
ov
i, Assistant County yCounsel
Exhibit A - Legal description
Exhibit B - Plat map
SRSD Resolution No. 14-1100
Easement Agreement - City of San Rafael and SRSD
5
Date: November 18, 2014
File: 4.11 ,13.01
EXHIBIT "A"
LEGAL DESCRIPTION
SANITARY SENWER EASEMENT
All that certain parcel of land situate in the County of Marin, State of California, more lnrtictdarly
described as follows:
Commencing at the most northerly point of Parcel E, as shown on the " Alap of Spinnaker Point
Unit 3", fled in Book 18 of Record Alaps at Page 40 (18 RM 40), Marin County Records, said point
also being on the northeasterly boundary line of a 10 foot wide sanitary sewer easement as shown oil
lite " Alap of San Rafael Cayes Unit One", filed in Book 12 of Record Maps at Page 55 (12 RAI 55),
Marin County Records,;
Thence from said point of conuncnccmatt along the northeasterly boundary of said sanitary sewer
easement (12 RAI 55) North 14°2100" Fast 14.32 feet to the northwesterly boundary lice of a 10
foot wide sanitary sewer easement filed for record ns Document Number 1938 192, Official Records
of Marin County;
Thence along the northerly lice of said sanitary sewer casement (1938 OR 192) North 68051107"
West 10.07 feet to a point on the northwesterly boundaty bile of said sanitary sewer casement (I2
RAI 55), said point also being the True Point of Beginning;
Thence from said'frtte Poutt of Beginning along the northerly line of said sanitary sewer casement
North 68°51'07" West 70.50 feet (shown as North 75°20'00" West 92 feet in 1938 OR 192) to a
point on the westerly boundary line of Parcel C as shown on said map (18 RAl 40), said point also
being on the easterly boundary line of a 30 foot wide sanitary sewer casement, shown in "Map of
Bahi De Rafael Unit 2", filed in Book 15 of Record Maps at Page 33, h-farin County Records;
Thence along the westerly boundary of said Parcel C, North 14921'00" East 30.56 feet;
Thence leaning said westerly boundary of said Parcel C, South 75°39'00" East 54.86 feet to a point
on Gloucester Cove (18 RAI 40);
Thence along a non -tangent curve to the left from a tangent that bears South 25°09'39" East hiving
a radius of 40.00 feet through, a central angle of 27°21'09" for an arc length of 19.10 feet to a point
on the northwesterly boundaty line of said sanitary sewer casement (12 RAI 55);
Thence along the northwesterly boundary line of said sanitaty sewer casement (12 R\I 55) South
14°21'00" West 27.57 feet to the True Point of Beginning.
Said Property contains 0.05 acres, more or less. Q�pFESS/0/ir
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Job No. .1143.01 Scale: 1 Inch = 20 fl.
SANITARY SEWER EASEMENT
IN FAVOR OF
THE SAN RAFAEL SANITATION DISTRICT
SAN RAFAEL MARIN COUNTY CALIFORNIA
SAN RAFAEL SANITATION DISTRICT
RESOLUTION NO. 14-1100
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE SAN RAFAEL SANITATION DISTRICT
AUTHORIZING THE DISTRICT MANAGER/DISTRICT ENGINEER
TO EXECUTE AN EASEMENT AGREEMENT WITH THE CITY OF SAN RAFAEL
FOR CONSTRUCTION AND MAINTENANCE OF SEWER INFRASTRUCTURE
ACROSS A PUBLIC PARK AT THE END OF GLOUCESTER COVE
(APN 009-092-28)
WHEREAS, San Rafael Sanitation District has requested an easement across
Assessor's Parcel No. 009-092-28, owned by the City of San Rafael; and
WHEREAS, public interest, convenience, and welfare require that the easement
hereinafter mentioned be accepted and used for the benefit of the San Rafael
Sanitation District for construction and maintenance of sewer infrastructure.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Directors of
the San Rafael Sanitation District, that the District Manager/District Engineer is
authorized to execute the Easement Agreement with the City of San Rafael for the
construction and maintenance of sewer infrastructure across a public park area at the
end of Gloucester Cove (Assessor's Parcel No. 009-092-28), a copy of which is hereby
attached and by this reference made a part hereof and the Secretary of said Board is
hereby directed to cause said Agreement to be duly recorded in the office of the County
Recorder of the County of Marin, State of California, forthwith upon the adoption of this
resolution.
ORIGINAL
PASSED AND ADOPTED by the Board of Directors of the San Rafael Sanitation
District at a regular meeting on the 3rd day of November, 2014, by the following vote:
AYES: Director Bushey, Director Rice, Chairman Phillips
NOES: Alone
ABSENT/ABSTAIN: none
Philliab. Chairman
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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 t IARI.-j
On zoos;' before me, e • ZE1,eA)tc, V014ev ?ejdAt c- .
(insert name and title of the officer)
personally appeared 6-04ANJ O • 8411-41 fs
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(SaDare
subscribed to the within instrument and acknowledged to me thaffg/she/they executed the same in
dj19/her/their authorized capacity(ies), and that b is er/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 '* ' P --W-4 (Seal)
J- �l
r E. BEIRNE D
0 COMM. 01036401
NOTARY PUBLIC•CAUFORNIA
1 v MY Comm. Expires June 10, 2016 �
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 rid eta
On �A•A,e.)AR%/ Av, 10 5 before me,
personally appeared -b plel5 V
& • $E1,eAJ C-1 i 4o-rARY AAAfc •
(insert name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)ware
subscribed to the within instrument and acknowledged to me that he&e/they executed the same in
his/ t&/their authorized capacity(ies), and that by his W/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 ananhand d official l. r --• E. BEIRNE D
sea0 , COMM. 91936401
Q � NOTARY PUBLIC•CALIFOILVIA O
TAWN COUNTY
a My Comm. Expires June 10, 2015
Signature (Seal)