HomeMy WebLinkAboutCC Resolution 10952 (229 Bayview Dr.)RESOLUTION NO. 10952
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY AND JOHN THURMAN
AND EILEEN SCHOLL REGARDING FUTURE PROCEEDINGS
FOR ANNEXATION OF REAL PROPERTY AT 229 BAYVIEW
DRIVE, APN 186-071-04, TO THE CITY OF SAN RAFAEL
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, John Thurman and Eileen Scholl are the owners of real
property located at 229 Bayview Avenue, APN 186-071-04; and
WHEREAS, John Thurman and Eileen Scholl applied to the San Rafael
Sanitation District to connect to the District Sewer Line; and
WHEREAS, the property APN 186-071-04 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 Fon-nation Committee (LAFCO); and
WHEREAS, LAFCO has approved the annexation subject to certain
conditions as outlined in LAFCO Resolution No. 01-14; and
WHEREAS, John Thurman and Eileen Scholl 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
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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.
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 the 5`h day of November, 2001, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEAPKE M. LEONCINI, City Clerk
File No.: 02.02.15
When recorded ma, j:
City of San Rafael
Department of Public Works
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
Attention: David Bemardi, Director
Recorders Office
County Of
Marin
JOAN C. THAYER
Recorder
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TOTAL
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TOTAL TENDERED
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003:15PN 1"ov-2001 20011119M 143
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
(NOTE: CERTIFIED COPY OF CITY OF SAN RAFAEL RESOLUTION NO. 10952, 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 Thurman
to the San Rafael Sanitation District)
This Agreement is made and entered into this �9+h day of
Senile nbCr , 2001, between the CITY OF SAN RAFAEL ("City") and JOHN
THURMAN and EILEEN SCHOLL ("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. 01-14 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.
4J4NURMAN
DATED: 9 —2% , 2001.
EEN SCHOLL
. !/� OFFICIAL SEAL -12222.'1- �
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California�j/�J dd �
County of /wwozo o/�)ss.
On ..._..9�v' before me,`��.O�i�l�i/,%1���
Date Name and Title of Officerfe-.g., "Jane Doe, tiolaryPu� '
personally appeared —0.11W �2w1, w —
Name(s) of Signer(s)
ersonally known to me
proved to me on the basis of satisfactory
evidence
to be the persorowhose name(V i are
subscribed to the within instrument and
acknowledged to me that he/she5�tuthoriz xecuted
the same in his/her/t
capacity0a and that by his/her
signaturtoon the instrument the perso
the entity upon behalf of which the perso
acted, executed the instrument.
WITNESS my nd and off, Wal.
Place Notary Seal 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 Qj9tument
Title or Type of Document:
Document Date: _ .
.-Number of Pages: .-.2-
Signer(s) Other Than Named Above'—
Capacity(ies) Cl e} by r Ax
/�/Signer's Name Q//IJ �il./y�/ `/�rriy,1
Individual
❑ Corporate Officer — Title(s):
❑ Partner —❑ Limited General
❑ Attorney in Fact
❑ Trustee
Guardian or Conservator
❑ Other:
Signer Is Representing:
Top of thumb here
® 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
V - Y IYV IMt1Y 1"UD. -LII1•ALIY.
Z COUNTY OF MARIN 21
11 MY Comm, Exp. June 25,20031 P
OFFICIAL SEAL -1222230
HOWARD SALKIN Z
U ° r
NOTARY PUBLIC - CALIF. �
Z
COUNTY OF MARIN 24
MY Comm. Exp. June 25, 20031 t
ersonally known to me
proved to me on the basis of satisfactory
evidence
to be the persorowhose name(V i are
subscribed to the within instrument and
acknowledged to me that he/she5�tuthoriz xecuted
the same in his/her/t
capacity0a and that by his/her
signaturtoon the instrument the perso
the entity upon behalf of which the perso
acted, executed the instrument.
WITNESS my nd and off, Wal.
Place Notary Seal 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 Qj9tument
Title or Type of Document:
Document Date: _ .
.-Number of Pages: .-.2-
Signer(s) Other Than Named Above'—
Capacity(ies) Cl e} by r Ax
/�/Signer's Name Q//IJ �il./y�/ `/�rriy,1
Individual
❑ Corporate Officer — Title(s):
❑ Partner —❑ Limited General
❑ Attorney in Fact
❑ Trustee
Guardian or Conservator
❑ Other:
Signer Is Representing:
Top of thumb here
® 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
V - Y IYV IMt1Y 1"UD. -LII1•ALIY.
Z COUNTY OF MARIN 21
11 MY Comm, Exp. June 25,20031 P
CITY OF SAN RAFAEL
DATED: ////T , 2001 By: �/Za2zf-
AL13rFZrBO5pP',"Mayor
ATTEST:
Anne Leoncini, City Clerk
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Marin ss.
On Nov, 119, 2001 , before me, Nancy Eurman, Notary Public
Date Name and Title of Officer (e.g , "Jane Doe, Notary Public")
personally appeared Albert J. Boro
Names) of Signer(s) '
(personally known to me
Ll proved to me on the basis of satisfactory
evidence
►, - - - - (
r NANCY EURMAN
0 COMM, #1246639
NOTARY PUBLIC -CALIFORNIA
MARIN COUNTY 0
Q My Comm. F_ ores Feb. 4, 2004
v v v v v r r v v v v
to be the person(rarwhose name,(sj tq"
subscribed to the within instrument and
acknowledged to met atd%sWthorexecuted
the same inii Mirth&&— authorized
capacityW, and that by ai%hef/ttair
signatureKon the instrument the person(aI, or
the entity upon behalf of which the person ar
acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above nature 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 Thurman to SP.SD)
Document Date: Sept. 29, 2001 Number of Pages:
Signer(s) Other Than Named Above: John Thurman & Eileen Scholl
Capacity(ies) Claimed by Signer
Signer's Name: Albert J. Boro ruaMuu"WhId.t=ttr
❑ Individual`��"`'���
Ll Corporate Officer — Title(s): lop of thumb here
❑ Partner — n Limited [ l General
Ll Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
41 Other: Mayor
Signer Is Representing: City o f San Rafael
C 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. Call Toll -Free 1-000-876-6827
July 5, 2001
ANNEXATION
of the
LANDS of THURMAN to the
San Rafael Sanitation District
Mapping No. 05/01
LEGAL DESCRTFTION — LOT 15
EXHIBIT "A"
a Beginning at a point on the San Rafael Sanitation District boundary line, said point also being the
northerly property corner of the Lands of Thurman and Scholl described as Lot 15, as shown upon
that certain map entitled, "Map of Bayside Acres, Subdivision No. 2", filed for record November
29, 1913 in Volume 4 of Maps, at page 61. Marin County Records, State of California; thence
along said property line, also being the San Rafael Sanitation District boundary line, S 27'07' 17"
W, 303.91 ft.; thence S 57°00'47" E, 275.24 ft.; thence leaving the said San Rafael Sanitation
District boundary line and continuing along said property line, S 70'14'42" W, 243.30 ft. to the
westerly line of Ridge Dr.; thence along said westerly line, N 48'53'17" E, 46.05 ft.; thence N
35007'17" E 76.57 ft.; thence leaving the westerly line of Ridge Ave. N 58'29'43" W, 469.22 ft. to
the point of the beginning.
Said Annexation contains 2.805 acres more or less.
EXHIBIT "B"
MARIN LOCAL AGENCY FORMATION COMMISSION
RESOLUTION NO. 01-14
RESOLUTION MAKING DETERMINATIONS AND APPROVING ANNEXATION WITH
WAIVER OF NOTICE, HEARING AND ELECTION
TO SAN RAFAEL SANITATION DISTRICT
"Annexation of the Lands of Thurman to San Rafael Sanitation District (File 1201)"
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
Formation Commission pursuant to Title 5, Division 3, commencing with Section 56000 of the
Goverrunent 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 is
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 01-14 -2- June 14, 2001
Section 2. The territory includes 3.78 acres, is found to be uninhabited, and is assigned the
following distinctive short form designation: "Annexation of the Lands of Thurman to San Rafael
Sanitation District (File #1201)".
Section 3. The proposal is consistent with the adopted sphere of influence for San Rafael
Sanitation District.
Section 4. Approval of the proposal is granted subject to the following conditions:
A. 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 owner
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, 2001 by the following vote:
AYES: Commissioners Bach, Blanchfield, Chapman, Heller and Rodoni
NOES: None
ABSENT: Commissioners Kress and
ATTEST:
G�
PETER V. BANNING, Exec tiv Officer
Murra
JEFFRY BLANCHFIELD, Chairperson
July 5, 2001
EXHIBIT A
ANNEXATION
of the
LANDS of THURMAN to the
San Rafael Sanitation District
Mapping No. 05/01
LEGAL DESCRIPTION — LOT 15
Beginning at a point on the San Rafael Sanitation District boundary line, said point also being the
northerly property corner of the Lands of Thurman and Scholl described as Lot 15, as shown upon
that certain map entitled, "Map of Bayside Acres, Subdivision No. 2", filed for record November
29, 1913 in Volume 4 of Maps, at page 61. Marin County Records, State of California; thence
along said property line, also being the San Rafael Sanitation District boundary line, S 27'0.7' 17"
W, 303.91 ft.; thence S 57000'47" E, 275.24 ft.; thence leaving the said San Rafael Sanitation
District boundary line and continuing along said property line.. S 70114'42" W, 243.30 ft. to the
westerly line of Ridge Dr.; thence along said westerly line, N 48°53'17" E, 46.05 ft.; thence N
3500717" E 76.57 ft.; thence leaving the westerly line of Ridge Ave. N 58°29'43" W, 469.22 ft. to
the point of the beginning.
Said Annexation contains 2.805 acres more or less_
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