Loading...
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 UIIAL �sv `o 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 Qw1-� 'RM Imo' .00 RREC FEE. .N -RE .00 TOTAL .09 .00 TOTAL TENDERED .00 DPW .08 003:15PN 1"ov-2001 20011119M 143 91 N3 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_ (t) wo 0 y CL Q Z U S n 6 Z O U i z �g`• e, � 4'---nj C Y ii Oi �'T t Q p 'I r -i--j C i `— O O OIc ff( +yJJ� c, O N b �M oo OOjr oam Ni N( ` d 5 ]gAGN ?, H2O Ln o t U WI x Q) > i 4— o of O z CL ? � „� ' �I t U, ,l6'fOf M ,Lt,L0.LZ S AtJYONROB 101tlLSIL1 MOLCYI/NYS � - '- - -- - � - �- - ... "- -•. .. 73YlYt1 NYS DNLLSlX3 C C) II N C)- 0 ( 04 N 3 %p 0 Q O O N U O CA 0 n 6 Z O U �, o 4'---nj C Y Q p U -i--j C c `— O O OIc ff( +yJJ� c, O O +J ' I • ! ` d \ C) O C Ln o U x Q) > Q 4— o a a O z � „� C C) II N C)- ( 04 N U O CA 0