HomeMy WebLinkAboutOrdinance 1477 (Sell Andersen & Bellam to Marin Square)I
CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and
Ex -officio Cleric of the Council of said City, do hereby certify that
the foregoing Charter Ordinance No. 1477 entitled:
AN ORDINANCE PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY
(AT ANDERSEN DRIVE AND BELLAM BOULEVARD TO MARIN SQUARE PARTNERS)
is a true and correct copy of an ordinance of said City and was
introduced at a regular meeting of the City Council
of the City of San Rafael, held on the sixth day of
February , 1984, published as required by City Charter in the
Independent -Journal a newspaper published in the City
of San Rafael
and passed and adopted as
an ordinance of
said City at
a regular
meeting of the
City Council of
said City
held on the
21st day of February
j 1984 , by
the following
vote, to wit:
AYES: COUNCILIIEND3ERS : Brei ner, Frugol i , Nave, Russom & Mayor Mul ryan
NOES: COUNCILDIErIBERS : None
ABSENT: COUNCILNIEhIBERS: None
0
WITNESS my hand and the official seal
of the City of San Rafael this
Twenty second day of February
1984.
JEA E `nt. LEONCINI , City Clerk
ORDINANCE NO. 1477
ORDINANCE PROVIDING FOR THE SALE AND
CONVEYANCE OF PUBLIC REAL PROPERTY
(At Andersen Drive and Bellam Boulevard to Marin Square Partners)
The City Council of the City of San Rafael, California do ordain
as follows:
SECTION 1: It is hereby found, determined, and ordained
that the real property described in "Exhibit A" attached hereto, in
San Rafael, California, has been reviewed by the Planning Commission
and determined that the approved use of the property will not have
an adverse effect on vicinity properties or the general welfare of
the community, and is in conformity with the General Plan, that it
would be in the best interest of the City of San Rafael, California
to sell all of the real property described in "Exhibit A" attached,
that the property has been appraised by an outside fee appraiser,
and that the land is not readily marketable because of its odd
shape, and is unsuitable for development by itself.
SECTION 2: The City of San Rafael, California, a
municipal corporation, hereinafter referred to as "City", by and
through its City Council does hereby declare its intention to sell
said real property subject to any and all unpaid taxes, assessments,
easements, right-of-way, restrictions, reservations, conditions,
deed of trust, liens and encumbrances thereon of any nature or
kind whatsoever, to Marin Square Partners hereinafter referred to as
"Purchaser" upon the following terms and conditions:
1. Escrow. Within ten (10) business days (Saturdays
and Sundays not being business days) from the
effective date of this ordinance, an escrow shall
be opened with a title company agreeable to both
parties to this agreement, in the City of San Rafael,
California on the following terms and conditions:
r
A) That all escrow charges are to be borne by
the Purchaser
B) That all escrow instructions shall be written
on the current form used by the selected title
company
C) That the cost of any title insurance policy or
policies is to be borne by the Purchaser
D) Purchaser shall deposit a cashiers check payable
to the City of San Rafael in the amount of $5,000
in said escrow
E) City of San Rafael shall issue an Encroachment
Permit for the property described in "Exhibit B"
for the purpose of establishing and maintaining
City required landscaping
2. Delivery of Possession. Possession of the parcel
shall be given at the close of escrow.
3. Description of Property. That certain real property
situated in the City of San Rafael, California, County
of Marin, State of California, described in "Exhibit A"
attached hereto and forming a part hereof.
SECTION ': The Mayor of the City of San Rafael is
authorized and directed to execute and deliver deed of conveyance
in the name of said City to the above referenced escrow account which
are necessary and proper to carry out the sale, upon the terms and
conditions herein provided, and other considerations, all as hereinabove
set forth.
- 2 -
SECTION 4: This ordinance shall be published once in
full before its final passage, in a newspaper of general circulation,
published and circulated in said City, and shall be in full force and
effect thirty (30) days after its passage.
LAWRENCE E. MULRYAN , Mayor
ATTEST:
ANNE M. LEONCINI, City Clerk
The above and foregoing Ordinance No. 1477 was read
and introduced at a regular meeting of the City Council of the
City of San Rafael, held on the sixth day of February
1984 and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS:Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
and will come up for adoption as an Ordinance of the City of
San Rafael at a regular meeting of the Council to be held on
the 21st day of February , 1984.
ANNE M. LEONCINI, City Clerk
- 3 -
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Property to be Acquired
EXHIBIT A
MARIN SQUARE
DESCRIPTION
A parcel of land situated in the City of San Rafael,
County of Marin, State of California, more particularly
described as follows:
Parcel One:
Commencing at the most southwesterly corner of Parcel
"A" as shown on the Parcel Map for Marin Square, recorded
on August 23, 1983, in Book 21 of Parcel Maps, page 54, in
the Office of the Recorder of the County of Marin, State of
California; said point of commencement, also being the point
of intersection of two curves with radius of 1059.00 feet
and 355.00 feet; thence northwesterly along the arc of curve
to the right with a radius of 355.00 feet, a central angle
6° 41' 48", and an arc length of 41.492 feet to a POINT OF
BEGINNING, of this description; thence continuing northwesterly
along the arc of a curve to the right with radius 355.00 feet,
a central angle of 60 46' 31", and an arc length of 41.979
feet to a point of compound curvature; thence northwesterly
and tangent to the preceding curve with radius of 50.00 feet,
a central angle of 12° 47' 52", and an arc length of 11.168 feet
to POINT "A"; the radial line from POINT "A" to the center of
the curve with a radius of 50.00 feet bears N 100 42' 23" E;
thence leaving said POINT "A" in a southeasterly direction,
S 42° 45' 42" E, a distance of 33.730 feet; thence S 87° 45' 42" E,
a distance of 11.435 feet; thence N 470 14' 18" E, a distance
of 24.432 feet to the POINT OF BEGINNING.
Containing approximately 588 S.F.
Parcel Two
Commencing at POINT "A" as identified in the above
description for Parcel One,
distance of 16.429 feet to
S 470 14' 18" W, a distance
N 421 45' 42" W, a distance
N 470 14' 18" E, a distance
S 42° 45' 42" E, a distance
OF BEGINNING.
thence N 711 54' 04" W, a
the POINT OF BEGINNING, thence
of 14.000 feet; thence
of 26.000 feet; thence
of 14.000 feet; thence
of 26.000 feet to the POINT
Containing approximately 364 S.F.
3.810.04
DJS 1/25/84
Page I of 2
PARCEL THREE
Commencing at Point "A", as identified in the above
description for Parcel One, thence along the arc of a curve
to the right, tangent to Point "A", with radius of 50.000
feet, a central angle of 590 06' 18", and arc length of
51.579 feet to the POINT OF BEGINNING; thence
N 420 45' 42" W, a distance of 3.030 feet; thence
N 020 14' 18" E, a distance of 11.435 feet; thence
N 470 14' 18" E, a distance of 2.765 feet to a point on
a curve; thence along the arc of curve to the left, with
radius of 50.000 feet, a central angle of 170 52' 23", and arc
length of 15.597 feet to the point of beginning.
Containing approximately 21 S.F.
3.810.04
DJS 1/25/84
Page 2 of 2
I 1B
IT g
Of City of San Rafael
r'roperty for
Encroachment
All that certain real property situate in the City of San Rafael, County
or Marin, State of California described as follows:
Beginning at the southwesterly terminus or a course described as
"thence from a tangent that bears North 530 10' 59" East along a curve to
the right, with a radius of 1 ,059.00 feet, through an angle of 070 06' 10",
an arc length of 131 .20 Feet" in the Deed to the City or San Rafael, a public
body, corporate and politic, recorded March 26, 1981 in Official Records as
Serial Number 61-012917; thence, continuing southwesterly on said curve
from a tangent that bears South 53° 10' 59" West along a curve to the left with
a radius or 1 ,059.00 feet, a central angle of 3° 27' 48", and an arc length of
64.01 feet to a point of reverse curvature; thence along a curve to the right
with a radius of 25.00 Feet, a central angle of 81' 14' 29" and an arc length
of 35.45; thence North 49° 02' 20" West 74.82 Feet; thence along a curve to
the right, tangent to the preceeding course, with a radius of 29.00 Feet, a
central angle of 96° 16' 38", and an arc length or 48.73 feet; thence
North 47° 14' 18" East 24.67 Feet to a point on the northerly ba-jndary or the
lands described as "Parcel 1" in the Grant Deed from Louise Burrell Shevlin
also known as Louise S. Shevlin, a widow, to State of California recorded
January 2, 1957, in Book 1083 of Official Records at page 239, Marin County
Records; thence continuing along said northerly boa-indary southeasterly from
a tangent that bears South 160 43' 59" West along a curve to the left with a
radius of 50.00 feet, a central angle of 960 01' 36", and an arc length of
83.80 feet to a point of compound curvature; thence continuing along said
northerly boundary along a curve to the left with a radius of 355.00 Feet,
a c&ntral angle of 13` 28' 19" and an arc length 83.47 Feet to the Point of
Beginning.
EXCEPTION
Parcel One:
Commencing at the most southwesterly corner of Parcel
"A" as shown on the Parcel Map for Marin Square, recorded
on August 23, 1983, in_Book 21 of Parcel Maps, page 54, in
the Office of the Recorder of the County of Marin, State of
California; said point of commencement, also being the point
of intersection of two curves with radius of 1059.00 feet
and 355.00 feet; thence northwesterly along the arc of curve
to the right with a radius of 355.00 feet, a central angle
60 41' 48", and an arc length of 41.492 feet to a POINT OF
BEGINNING, of this description; thence continuing northwesterly
along the arc of a curve to the right with radius 355.00 feet„
a central angle of 6° 46' 31", and an arc length of 41.979
feet to a point of compound curvature; thence northwesterly
and tangent to the preceding curve with radius of 50.00 feet,
a central angle of 12° 47' 52", and an arc length of 11.168 feet
to POINT "A"; the radial line from POINT "A" to the center of
the curve with a radius of 50.00 feet bears N 10° 42' 23" E;
thence leaving said POINT "A" in a southeasterly direction,
S 420 45' 42" E. a distance of 33.730 feet; tl•;ence S 87° 45' 42"
a distance of 11.435 feet; t-1,ence is 471 14' 18" E, a distance
of 24.432 fret to the POINT (IF F,Fr.TKW--Nr
E,
w
Farcel Two
Commencing at POINT "A" as identified in the above
description for Parcel One, thence N 710 54' 04" W. a
distance of 16.429 feet to the POINT OF BEGINNING, thence
S 47° 14' 18"W, a distance of 14.000 feet; thence
N 420 45' 42" W, a distance of 26.000 feet; thence
N 47` 14' 18" E, a distance of 14.000 feet; thence
S 421 45' 42" E, a distance of 26.000 feet to the POINT
OF BEGINNING.
PARCEL THREE
Commencing at Point "A"_, as identified in the above
description for Parcel One, thence along_the arc of a curve
to the right, tangent to Point "A", with radius of 50.000
feet, a central angle of 590 06' 18", and arc length of
51.579 feet to the POINT OF BEGINNING; thence
N 42° 45' 42" W, a distance of 3.030 feet; thence
N 02° 14' 18" E, a distance of 11.435 feet; thence
N 47° 14' 18" E, a distance of 2.765 feet to a point on
a curve; thence along the arc of curve to the left, with
radius of 50.000 feet, a central angle of 170 52' 23", and arc
length of 15.597 feet to the point of beginning.
Containing approximately 21 S.F.
3.810.04