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HomeMy WebLinkAboutCC Resolution 10951 (311 Summit Ave.)RESOLUTION NO. 10951 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND WALTER AND KIRSTY BURNS REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY AT 311 SUMMIT AVENUE, APN 016-041-88 TO THE CITY OF SAN RAFAEL BE IT RESOLVED, by the Council of the City of San Rafael as follows: WHEREAS Walter and Kirsty Burns are the owners of real property located at 311 Summit Avenue, APN 016-041-88; and WHEREAS, Walter and Kirsty Burns applied to the San Rafael Sanitation District to connect to the District Sewer Line; and WHEREAS, the property APN 016-041-88 is not within the Sanitary District boundary and not within the City limits; and WHEREAS, in order to connect to the SRSD sewer line, it is necessary to ANNEX to the Sanitation District, which is subject to approval by the Marin Local Agency Formation Committee (LAFCO); and WHEREAS, LAFCO has approved the annexation subject to certain conditions as outlined in LAFCO Resolution 01-12; and WHEREAS, Walter and Kirsty Burns have agreed to these conditions as outlined in the Agreement entitled "Agreement Regarding Future Proceedings for Annexation of Real Property to the City of San Rafael". i NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that the Mayor is authorized to sign this Agreement on behalf of the City of San Rafael, and the Public Works Director is directed to record such agreement with the County Recorder. 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 Monday, the 5th day of November, 2001, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor 6oro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEAWE M. LEONCINI, City Clerk File No.: 02.02.15 When recorded mail to: City of San Rafael Department of Public Works 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 Attention: David Bernardi, Director Recorders Office County Of Marin JOAN C. THAYER Recorder 2001-0077820 REC FEE .00 . ea TOTAL .09 TTOOTAL TENDERED .000 CHANGE .00 03:15PN 14 -Nov -2001 20011119000143 SI ASR003 Thank You Have A Nice Day SPACE ABOVE THIS LINE FOR RECORDER'S USE (NOTE: CERTIFIED COPY OF CITY OF SAN RAFAEL RESOLUTION NO. 10951, ADOPTED 11/5/01 ATTACHED AGREEMENT REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY TO THE CITY OF SAN RAFAEL (Annexation of the Lands of Burns to the San Rafael Sanitation District) This Agreement is made and entered into this % day of 0q--4Co6r,j-,7, 2001, between the CITY OF SAN RAFAEL ("City") and WALTER BURNS and KIRSTY M. BURNS ("Owners") and is based upon the following facts and circumstances: (a) Owners hold fee title to that certain real property ("the Property") as more particularly described in Exhibit "A" attached hereto; (b) As a result of a proposal for annexation of certain territory more particularly referred to and described in Exhibit "A", a formal Petition of Application was filed with LAFCO and accompanied by the written consent of all Owners of land within the territory proposed to be annexed and which is the subject of this agreement. On June 14, 2001, LAFCO approved the Petition for Annexation on conditions, among which, was that the Owners of all affected parcels involved in the annexation Petition execute and record an agreement by the terms of which each property owner involved agreed not to oppose any future annexation of any of the herein referenced real property to the City of San Rafael if such annexation should in the future be initiated by the City; (c) The City has agreed to defer annexation of the Owners' property on the conditions set forth hereinafter in this agreement, and consistent with the pertinent provisions of LAFCO Resolution No. 01-12 attached hereto as Exhibit "B" and incorporated. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. Owners agree on behalf of themselves, their heirs, successors and assigns that in the event any future proceedings for annexation of Owners' property shall be initiated by the City, Owners shall neither directly nor indirectly oppose or protest such annexation. 2. Owners agree that the obligations recited herein shall run with the Owners' property and that the property shall be held, conveyed, hypothecated, encumbered, leased, rented, used and occupied subject to the provisions of this Agreement and that the obligations undertaken by Owners hereunder shall be binding on all parties having or acquiring any right, title or interest in the property. OWNERS: DATED: 2001. WAL QBP DATED: •x'0/1 '2001. 4KISTYi11RNS CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT t' t. State of California ss. County of On '4��%, before me�.0�.��i�//1� Date Name and Title of O icefe g„Doe, Ndtary Public personally appeared �TEiP_ ��11I-f/1J7y-1IJlI.�il/.J' , Name(s) of igner(s) I •• OFFICIAL SEAL -1222230 HOWARD SALKIN Z U NOTARY PUBLIC - CALIF. M Z COUNTY OF MARIN My COMM. Exp. June 25, 2003, Place Notary Seal Above [ i personally known to me ,Ii proved to me on the basis of satisfactory evidence to be the person(o whose name iq ar subscribed to the within instru ent and acknowledged to me that he/s xecuted the same in his/her authorize capacity ' and that by his/her/� signatur on the instrument the person 5 , o the entity upon behalf of which the person ssy acted, executed the instrument. WITNESS and apdqfficc�0 seal. Signature of Notary Public OPTIONAL 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 DAcument 444 � //%%�� � j Title or Type of Document: _AWIe/;Y <WOA li! l/y /�i� //�,�r i l4rl” Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Clai . d Sig r Signer's Name: VVj/Ik-Il J X Individual ❑ Corporate Officer — Title(s): ❑ Partner — ; Limited � General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Oro 14110111 Top of thumb here O 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll Free 1-800-876-6827 CITY OF SAN RAFAEL DATED: 1/ ! / ct , 2001 By: ALBffRff BOR Mayor ATTEST: J &ne Leoncini, City Clerk CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Mari n ss. On Nov. 19, 2001 , before me, Nancy Eurman, Notary Public Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public") personally appeared Albert J. Boro ' Name(s) of Signer(s) impersonally known to me 1 proved to me on the basis of satisfactory evidence to be the person,(3rf whose name,(�(flq e subscribed to the with' instrument and t acknowledged to mea/sbe/tljW executed the same in 619heT 4} authorized f NANCY EURMAN D capacity(ie and that by is 4eMb4iffir 0 COMM, #1248639 signatureK on the instrument the person(<or •gyp NOTARY PUBLIC -CALIFORNIA MARIN COUNTY 0 the entity upon behalf of which the person(W 1 v y Y Y My Comm. Expires Feb, 4, 2004• . V Y acted, executed the instrument. WITNESS my handl and official seal. Place Notary Seat Above /signature of Notary Public OPTIONAL 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: Agree, re Future Proceedings for Annexation of Real Prop, to CSR (Lands of Burns to SRSD) Document Date: October 9, 2001 Number of Pages: - Signer(s) Other Than Named Above: Walter Burns & I(irsty Burns Capacity(ies) Claimed by Signer Signer's Name: Al bert J. Boro ❑ Individual ElCorporate Officer — Title(s): Top of thumb here ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator XA Other: Mayor Signer Is Representing: City of San Rafael © 1997 National Notary Association • 9350 Oe Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6827 January 25, 2001 EXHIBIT "A" ANNEXATION of the LANDS of BURNS to the San Rafael Sanitation District Mapping No. 04/ 01 Beginning at a point on the San Rafael Sanitation District boundary line, said point also being the southerly property corner of the Lands of Burns as described per Grant Deed Doc. It 1999-0075774, Marin County Records, State of California; thence along the property line of said Lands of Burns N 35011'00" W, 96.40 ft.; thence N 63°24'18" W, 103.20 ft.; thence N 1532'32" W, 85.0 ft; thence N 34°49'00" W, 107.58 ft. to a point on the northwesterly line of a 40 ft. roadway; thence N 75°51'00" E, 43.14 ft.; thence N 49°4700" E, 145.00 ft.; thence S 70°47'00" E, 148.50 ft.; thence N 89°53'00" E, 31.53 ft.; thence S 0000700" E, 40.0 ft.; thence S 89053'00" W, 38.34 ft.; thence N 70°47'00" W, 19.80 ft.; thence S 20°13'00" E, 217.40 ft.; thence S 44°21'00" W, 158.00 ft. to the point of beginning. Said Annexation contains 1.52 acres more or less. cc: J.L. Engineering ph: 415-457-6647 1539 Fourth St. fx: 415-457-2517 San Rafael, Ca. 94901 e-mail: jleng.com N EXHIBIT "B" MARIN LOCAL AGENCY FORMATION COMMISSION RESOLUTION NO. 01-12 RESOLUTION MAKING DETERMINATIONS AND APPROVING ANNEXATION WITH WAIVER OF NOTICE, HEARING AND ELECTION TO SAN RAFAEL SANITATION DISTRICT "Annexation of the Lands of Burns to San Rafael Sanitation District (File 1195)" WHEREAS, a proposal for the annexation of certain territory to the San Rafael Sanitation District in the County of Marin has been filed with the Executive Officer of this Local Agency FornZation Commission pursuant to Title 5, Division 3, commencing with Section 56000 of the Government Code; and WHEREAS, said proposal was made in the form of a petition filed by the property owners; and WHEREAS, said petition was signed by all owners of land within the territory proposed to be annexed; and WHEREAS, pursuant to Government Code Section 56663, when an application is accompanied by written consent signed by all owners of land within the territory proposed to be annexed, this Commission may make determination with respect to said annexation without notice and hearing; and WHEREAS, pursuant to Government Code Section 56663(c), the affected territory Ls uninhabited; all the owners of land within the affected territory have given their written consent; and the affected local agency that will gain territory, San Rafael Sanitation District, has consented in writing to a waiver of conducting authority proceedings, this Commission may make determination with respect to said application with waiver of conducting authority proceedings; and WHEREAS, the Executive Officer has reviewed the proposal and prepared a report. including a recommendation thereon, the proposal and report having been presented to and considered by this Commission. NOW THEREFORE, the Marin Local Agency Formation DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: Section 1. The boundaries, as set forth in the proposal, are hereby approved as submitted and are as described in Exhibit "A" and "B" attached hereto and by this reference incorporated, herein. Resolution 01-12 -2- June 14, 2001 Section 2. The territory includes 1.52 acres, is found to be uninhabited, and is assigned the following distinctive short form designation: "Annexation of the Lands of Burns to San Rafael Sanitation District (File #1195)". Section 3. The proposal is consistent with the adopted sphere of influence for San Rafael Sanitation District Section 4. Approval of the proposal is g7 anted subject to the following conditions: Proceedings for the annexation shall not be completed until the applicant and the City of San Rafael execute and record an agreement wherein: 1) The property owner agrees on behalf of himself, his heirs, successors and assigns that, in the event any future proceedings for the annexation of the property to the City of San Rafael shall be initiated by the City, the owmer shall neither directly nor indirectly oppose or protest such annexation; and 2) That the owner agrees that his obligations under the agreement shall run with the property and that the property shall be held, conveyed, hypothecated, encumbered, leased, rented, used and occupied subject to the provisions of the agreement and that the obligations undertaken by the owner shall be binding on all parties having or acquiring any right, title, or interest in the property. Section 5_ The Executive Officer is hereby authorized to complete annexation proceedings and directed to mail certified copies of the resolution in the manner prescribed by Section 57000 et seq. of the Government Code. PASSED AND ADOPTED by the Marin Local Agency Formation Commission on this 141h day of June, 2601 by the following vote: AYES: Commissioners Bach, Blanchfield, Chapman, Heller and Rodoni. NOES' None ABSENT: Commissioners Kress and Murra ATTEST: PETER V. BANNING, Exec ' e Officer JEFFRY BLANCHFIELD, Chairperson January 25, 2001 EXHIBIT "A" ANNEXATION of the LANDS of BURNS to the San Rafael Sanitation District Mapping No. 04/ 01 Beginning at a point on the San Rafael Sanitation District boundary line, said point also being the southerly property corner of the Lands of Burns as described per Grant Deed Doc. ii 1999-0075774, Marin County Records, State of California; thence along the property line of said Lands of Burns N 35°11'00" W, 96.40 ft.; thence N 6324'18" W, 103.20 ft.; thence N 15°32'32" W, 85.0 ft; thence N 34°49'00" W, 107.58 ft. to a point on the northwesterly line of a 40 ft. roadway; thence N 75°51'00" E, 43.14 ft.; thence N 49°47'00" E, 145.00 ft.; thence S 70°47'00" E, 148.50 ft.; thence N 89°53'00" E, 31.53 ft.; thence S 00°0700" E, 40.0 ft.; thence S 89°53'00" W, 38.34 ft.; thence N 70°47'00" W, 19.80 ft.; thence S 20°13'00" E, 217.40 ft.; thence S 44°21'00" W, 158.00 ft. to the point of beginning. Said Annexation contains 1.52 acres more or less. cc: J.L. Engineering p ph: 415-457-6647 1539 Fourth St. fx: 415-457-2517 San Rafael, Ca. 94901 e-mail: jleng.com Y u PROJECT AREA VICINITY MAP Lands of Castro �I; C; 0�- S70_ 47' 00_E- 148.50' Parcel Five N70'47'00"W Doc.#99-75774 19.80 C LANDS OF BURNS Doc.# 99-75774 311 SUMMIT AVE. AP.No. 016-041-7,74.88 0.44 ACRES •o `, �'�Parcel One �a 1.lziSDoc.#99-75774 Lands of Chriss d-� wok N63 24 18-W --------- LEGEND POB POINT OF BEGINNING / ------------- PARCEL TO BE ANNEXED AP.No. 016-041-7,74,88 Parcel Two Doc.#99-75774 0 0 A I EXHIBIT "B" Lands of Shapiro ,00 4 96 C\,�Sy! •¢O,%4� SAN RAFAEL OD'h, SANITATION DISTRICT LINE POB Lands of Applebome Annexation of the Lands of Burns to the San Rafael Sanitation District Scale: 1" = 100' Approved by. Drawn by. Date: 1/25/01 Manaqer Enqineer Checked by. Mapping N o . 04/01 Drawing No. : ^v o; o Oap� Lands of Pasha �< Lands of Castro �I; C; 0�- S70_ 47' 00_E- 148.50' Parcel Five N70'47'00"W Doc.#99-75774 19.80 C LANDS OF BURNS Doc.# 99-75774 311 SUMMIT AVE. AP.No. 016-041-7,74.88 0.44 ACRES •o `, �'�Parcel One �a 1.lziSDoc.#99-75774 Lands of Chriss d-� wok N63 24 18-W --------- LEGEND POB POINT OF BEGINNING / ------------- PARCEL TO BE ANNEXED AP.No. 016-041-7,74,88 Parcel Two Doc.#99-75774 0 0 A I EXHIBIT "B" Lands of Shapiro ,00 4 96 C\,�Sy! •¢O,%4� SAN RAFAEL OD'h, SANITATION DISTRICT LINE POB Lands of Applebome Annexation of the Lands of Burns to the San Rafael Sanitation District Scale: 1" = 100' Approved by. Drawn by. Date: 1/25/01 Manaqer Enqineer Checked by. Mapping N o . 04/01 Drawing No.