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HomeMy WebLinkAboutCC Resolution 10589 (240 Highland Ave)RESOLUTION NO. 10589 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND MS. HOLLY FORD REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY AT 240 HIGHLAND AVENUE, APN 016-021-02, TO THE CITY OF SAN RAFAEL BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, Ms. Holly Ford is the owner of real property located at 240 Highland Avenue, APN 016-021-02; and WHEREAS, Ms. Holly Ford applied to the San Rafael Sanitation District to connect to the District Sewer Line; and WHEREAS, the property APN 016-021-02 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 No.99-10; and WHEREAS, Ms. Holly Ford has 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". 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 22nd day of FEBRUARY, 2000, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None � I M w_. JEANNE M. LEONC , it Clerk File No.. When recorded mail to: City of San Rafael Department of Public Works 1400 Fifth Avenue P. O. Box 151560 San Rafael, CA 94915-1560 SPACE ABOVE THIS LINE FOR RECORDER'S USE Agreement Regarding Future Proceedings for Annexation of Real Property to the City of San Rafael This Agreement is made and entered into this22n9ay of FEBRUARY , 2000, between the CITY OF SAN RAFAEL (CITY) and HOLLY FORD ("Owner") and is based upon the following facts and circumstances: a) Owner holds fee title to that certain real property ("the Property") as more particularly described in Exhibit "A" attached hereto; and b) As a result of a failed on-site waste water treatment system located on Owner's property, Owner has been required to connect to the public sewer on a provisional basis pending application for annexation to (San Rafael Sanitation District) through existing policies in accordance with San Rafael Sanitation District Resolution No. 99-828, attached hereto as Exhibit "B" and subject to the approval by Marin Local Agency Formation Commission (LAFCO). Application for annexation to SRSD would also require concurrent annexation to the City of San Rafael unless waived or deferred by City in accordance with LAFCO, Resolution No. 99-10, attached hereto as Exhibit "C" and included herein; and c) The City has agreed to defer annexation of the Owner's property on the conditions set forth hereinafter in this agreement. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. Owner agrees on behalf of himself/herself/his/her heirs, successors and assigns that in the event of any future proceedings for the annexation of Owner's property to the City shall be initiated by the City, Owner shall neither directly nor indirectly oppose or protest such annexation 2. Owner agrees that the obligations recited herein shall run with the Owner's 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 Owner hereunder shall be binding on all parties having or acquiring any right, title or interest in the property. DATED:1� 1000 � O ER: Holly FordL DATED: 2 J� -& %V�2 , 2000 City of San Rafael By:`'U d', &rt Boro, Mayor ATTEST: Je a Leoncini, Cit Clerk CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Marin On Feb. . 25 , 2000 Date personally appeared , before me, Albert J. Boro Place Notary Seal Above ss. Nancy Eurman, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) XX personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personk whose nameks)( 3iYajji�- subscribed to the withi instrument and acknowledged to me hat�!�he/thP4 executed the same in hi b)R�r/tlk uthorized capacity(i�j; and that by 6%K/tw signature(s)-on the instrument the personal, or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. Slgnalure ofc 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 T pe of Document: Agree. re Future Proceedi nqs for Annexation of Keal Prop, to the City of San Rafael; 240 Highland; APN 016-021-02 Document Date: Feb. 22, 2000 Number of Pages: 13 DQs . Wreso. & prev. cer Signer(s) Other Than Named Above: Holly Ford Capacity(ies) Claimed by Signer Signer's Name: Albert J. BorO 01 El Individual e Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — i ; Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator X7 Other: Mayor Signer Is Representing: City of 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 1-600-676.6827 NANCY EURMAN COMM. #1248639 NOTARY PUBLIC-CALIFORMA 0 MARIN COUNTY My Comm. Expires Feb. 4, 2004 Place Notary Seal Above ss. Nancy Eurman, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) XX personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personk whose nameks)( 3iYajji�- subscribed to the withi instrument and acknowledged to me hat�!�he/thP4 executed the same in hi b)R�r/tlk uthorized capacity(i�j; and that by 6%K/tw signature(s)-on the instrument the personal, or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. Slgnalure ofc 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 T pe of Document: Agree. re Future Proceedi nqs for Annexation of Keal Prop, to the City of San Rafael; 240 Highland; APN 016-021-02 Document Date: Feb. 22, 2000 Number of Pages: 13 DQs . Wreso. & prev. cer Signer(s) Other Than Named Above: Holly Ford Capacity(ies) Claimed by Signer Signer's Name: Albert J. BorO 01 El Individual e Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — i ; Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator X7 Other: Mayor Signer Is Representing: City of 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 1-600-676.6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Marin ss. On Tues., Feb. 15, , before me, Nancy Eurman, Notary Public Dale 2000 Name and Title of Officer (e.g., 'Jane Doe, Notary Public") personally appeared Holly Ford Name(s) of Signer(s) personally known to me XX proved to me on the basis of satisfactory evidence Place Notary Seal Above to be the personK whose name* is ak- subscribed to the within instrument and acknowledged to me that 4 h try executed the same in er/ jgjE aut onzed capacity(i6l, and that bye� thlgtr signature(k)on the instrument the person(*„ or the entity upon behalf of which the person(- 4_ acted, executed the instrument. WITNESS my hand and official seal. ignature of Notary P 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 Droperty to City of San Rafael; 240 Highland; APN 016-021-02 Document Date: (to be dated after last di fined) Number of Pages: ten Dq5 . Signer(s) Other Than Named Above: _._ Albert J . Boro , Mayor Capacity(ies) Claimed by Signer Signer's Name: Hol l v Ford_ IX Individual L1 Corporate Officer — Title(s): ❑ Partner —' ' Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: She is the owner. Top of thumb here i 0 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 r NANCY EURMAN ' t, D 0 . COMM. #1248639 NOTA PUBLIC-CALIFORNIA -CALIORNIA MARINO Q COUNTY MY COMM. Explres Feb. 4, 2004 Place Notary Seal Above to be the personK whose name* is ak- subscribed to the within instrument and acknowledged to me that 4 h try executed the same in er/ jgjE aut onzed capacity(i6l, and that bye� thlgtr signature(k)on the instrument the person(*„ or the entity upon behalf of which the person(- 4_ acted, executed the instrument. WITNESS my hand and official seal. ignature of Notary P 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 Droperty to City of San Rafael; 240 Highland; APN 016-021-02 Document Date: (to be dated after last di fined) Number of Pages: ten Dq5 . Signer(s) Other Than Named Above: _._ Albert J . Boro , Mayor Capacity(ies) Claimed by Signer Signer's Name: Hol l v Ford_ IX Individual L1 Corporate Officer — Title(s): ❑ Partner —' ' Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: She is the owner. Top of thumb here i 0 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 Exhibit "A" All that certain real property situate in the County of Marin, State of California, described as follows: BEGINNING at the most Northwesterly corner of that certain parcel conveyed to Peterson and recorded July 8, 1946 in Book 520 of Official Records, at Page 254, County Records; running thence along the Westerly line of said Peterson property, South 21' 53' 50" East 351.96 feet; thence leaving said line South 680 06' 10" West 150.0 feet' North 45° 43' 10" West 183.366 feet to the Southeasterly corner of that certain parcel conveyed to Camgros and recorded February 4, 1946 in Book 495 of Official Records, at Page 304, Marin County Records; thence along the Northeasterly line of said property in Deed to Camgros, North 18° 38' 30" West 211.08 feet to the Southerly line of a 40 foot road; thence along said road line North 780 48' East 164.03 feet; North 630 39' East 50.74 feet to the point of beginning. SAN RAFAEL SANITATION DISTRICT RESOLUTION NO. 99-82B A RESOLUTION MAKING DETERMINATIONS DESCRIBING BOUNDARIES OF TERRITORY, DESIGNATED "HIGHLAND AVENUE ANNEXATION" TO THE SAN RAFAEL SANITATION DISTRICT, ESTABLISHING TERMS AND CONDITIONS, AND ORDERING ANNEXATION OF TERRITORY (Ford - 240 Highland Avenue - APN 016.021-02) RESOLVED, by the Board of Directors of the San Rafael Sanitation District, County of Marin, California as follows: WHEREAS, the owners of affected property filed a sufficient petition for annexation requesting the Local Agency Formation Commission of the County of Marin, to take preliminary proceedings for the annexation of territory to the District, which petition, signed by all of the owners of all of the lands comprising the territory proposed to be annexed, was filed with the Executive Officer of the Local Agency Formation Commission of the County of Marin; and WHEREAS, the Executive Officer of said Local Agency Formation Commission reviewed said petition and prepared a report, included recommendations thereon, and said petition and report were presented to and considered by said Local Agency Formation Commission; and WHEREAS, environmental review is categorically exempt pursuant to provisions of the California Environmental Quality Act and the Commission's Environmental Guidelines; and WHEREAS, after proceedings duly held and after environmental review thereof, on September 9, 1999, the Local Agency Formation Commission of Marin County adopted its Resolution Number 99-10, Resolution Making Determinations and Approving Annexation with Waiver of Notice, Hearing and Election to the San Rafael Sanitation District designated as "Highland Avenue Annexation"; and WHEREAS, Resolution No. 99-10 of the Local Agency Formation Commission of Marin County approved the proposed annexation and authorized this Board to annex said territory without notice and hearing and without an election; and WHEREAS, said Resolution of the Local Agency Formation Commission made certain findings and determinations which are summarized before the Board of Directors of the San Rafael Sanitation District; and WHEREA,,, the Board has duly considered those factors required to be considered by it pursuant to Section 57079.5 of the Government Code of the State of California and all other matters which this Board deems material to said annexation; and WHEREAS, all of the proceedings for the annexation of territory are being had pursuant to the Cortese -Knox Local Government Reorganization Act of 1985, as amended, comprising Government Code Sections 56000 through 57550. NOW, THEREFORE, BE IT HEREBY FOUND, DETERMINED AND ORDERED as follows: 1. Having given due consideration to the matters material thereof and after full investigation and examination, this Board hereby determines and finds that annexation of the territory, the exterior boundaries of which are more particularly described in Exhibit "A" and shown on Exhibit "B" hereto attached and by reference incorporated herein, will be for the interest of landowners or present and future Inhabitants within the District and within the territory to be annexed to the District, and it is hereby further determined and found that all of the lands proposed to be annexed will be benefited by becoming a part of the District. 2. That the territory proposed to be annexed is uninhabited as such term Is defined In Government Code Section 56046. 3. That all of the owners thereof have given their written consent to said annexation, and that no written protests were or have been filed. 4. Having given due consideration to the Commission's Resolution Making Determinations and to all other matters relevant and material to said annexation, this Board hereby orders the territory described in Exhibit "A," shown on Exhibit "B," and designated "Highland Avenue Annexation" annexed to the San Rafael Sanitation District without notice or hearing and without an election upon the question of said annexation. 5. Said annexation is approved subject to the terms and conditions approved by said Resolution Number 99-10 adopted by said Local Agency Formation Commission of Marin County as set forth in Exhibit "C" hereto attached and by reference incorporated herein. 6. The territory affected by this annexation proceeding will be subject to taxation as may be necessary to pay principal and interest and any other amount which shall become due on any outstanding bonds or other contracts or obligations of the District, all as set forth in Condition 2 of Terms and Conditions hereto attached as said Exhibit "C". 2 7. Tht , ecutive Officer of the Local Agency Formation Commission of Marin County Is hereby authorized and directed to prepare and execute all necessary documents and make such filings with appropriate State and County officials so as to properly effectuate and finalize the "Highland Avenue Annexation" to the San Rafael Sanitation District, as required by the provisions of the Cortese -Knox Local Government Reorganization Act of 1985. B. The District Secretary is hereby directed to transmit three certified copies of this Resolution, together with such other materials and information as may be required, to the Executive Officer of the Local Agency Formation ` Commission of the County of Marin. PASSED AND ADOPTED by the Board of Directors of the San Rafael Sanitation District at a regular meeting on the 3rd day of November, 1999, by the following vote: AYES: Director cobra, chairmn Wro NOES: time ABSENVABSTAIN: Director RinmY 0 -1 AI er J. Bor , airman ATTEST- Paul M. Cohen, Secretary d m m �o N54i� 6$ 204' I AF Subjcct Parcel 4�e''%� e Vicinity Man NTS [Rhland Avenue 40-R 5633g'00 W // N78'48'00'E 0.14 nn i P.O.8.164.03 5 o LANDS OF HARPER $s APN 016-021-01 DN 89-015538 fit. . J N J O J O P.O.C. APN 016-021-37 oQROFESS/p, No. O F s 30465 {� EV.3-31-20W r} CrVIL CrVj FOF CAL1F� HlGq"ND A IIF. ANNEXA 77ON TO SAN RAFAEL SANI TA 77ON DISTRICT Tn LANDS OF FORD 240 HIGHLAND AVE. APN 016-021-02 DN 97-073111 1.55 ACRES V. N68 15p•00' APN 016-021-36 APN 016-021—S) L EGE_ND ----�--- PARCEL TO BE ANNEXED SAN RAFAEL ary UMTS & EXISTING SAN RAFAEL SAN/TATIa DISTRICT BOUNDRY MAPPING NO. 8/99 J L. ENGINEERING JUNE 1, 1999 JOB 98-129 CIVIL ENGINEERING AND LAND PLANNING DWG. ANNEX 1539 FOURTH ST., SAN RAFAEL, CA. 94901 (415) 457-6641 EXHIBIT "B" n n �uttu.i A Hi?hland Avenue Annexation To San Rafael Sanitation District Mapping No. 8/99 Commencing at a point on the San Rafael Corporate Limit Line, said point also being on the San Rafael Sanitary District Line, said point also being the southwesterly corner of the Lands of Harper, as described by deed in Document No. 89-015538 of Oficial Records, Marin County Records, also being a point along the easterly line of Summit Avenue; thence leaving said Corporate and District Lines, along said easterly line, along a curve to the left having a radius of 420 feet, 111.17 feet; thence N 26°58'00" W, 70 feet; to the intersection of said easterly line with the southerly line of Highland Avenue; thence leaving said easterly line, and continuing along said southerly line, N 54021'00" E, 204.68 feet; thence N 78°48'00" E, 15.00 feet to the True Point of Beginning, also being the northwesterly corner of the Lands of Ford, as described by deed in Document No. 97-073111 of Official Records, Marin County Records; thence leaving said southerly line, and along said Document No. 97-073111, S 18°38'30" E, 211.08 feet; thence S 45043'10" E, 183.366 feet; thence N 68°06' 10" E, 150.00 feet; thence N 21053'50" W, 351.96 feet to the said southerly line of Highland Avenue; thence along said southerly line, S 63039100" W, 50.74 feet; thence S 7848' W 164.03 feet to the Point of Beginning. Containing approximately 1.55 acres. `f 30485 * Exp. 3-31-20W �} Op rijun.lt "C MARIN LOCAL AGENCY FORMATION COMMISSION RESOLUTION NO. 99-10 RESOLUTION MAKING DETERMINATIONS AND APPROVING ANNEXATION WITH WAIVER OF NOTICE, HEARING AND ELECTION TO SAN RAFAEL SANITATION DISTRICT "Highland Avenue Annexation" WHEREAS, a proposal for the proposed annexation of certain territory to 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 Government Code; and WHEREAS, said proposal was made in the form of a petition, filed by the property owners; and WHEREAS, said petition of application was accompanied by written consent signed by all owners of land within the territory proposed to be annexed; and WHEREAS, pursuant to Government Code Section 56837, when a resolution of 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, 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. Subject to the terms and conditions hereinafter specified, the proposal made by petition is approved. Section 2. 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. Section 3. The territory includes 1.55 acres, is found to be uninhabited, and is assigned the following distinctive short form designation: "Highland Avenue Annexation" to San Rafael Sanitation District. The foregoing instrument is a correct copy of rhe original on record in the office of the Luca! Agency Formation Commission of the Cuunry of Marin, State of Californi-t. By Section 4. The proposal is consistent with the adopted sphere of influence for San Rafael Sanitation District. Section 5. Approval of the proposal is granted subject to the following terms and 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 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 6. San Rafael Sanitation District is designated as the conducting authority for further proceedings, and the Board of said District is hereby directed to initiate proceedings in compliance with this resolution and is authorized to proceed without notice, or election, pursuant to Government Code Section 56837. Section 7. The project is categorically exempt pursuant to §15303(a) and §15319(b) of the Guidelines for Implementation of the California Environmental Quality Act. Section 8. The Executive Officer is hereby authorized and directed to mail certified copies of the resolution in the manner prescribed by Section 56853 of the Government Code. PASSED AND ADOPTED by the Marin Local Agency Formation Commission on this 9th day of September, 1999 by the following vote: AYES: Commissioners Blanchfield, Chapman, Heller, Hennessy, Kress, and Ware NOES: None ABSENT: Commissioner Murray Jeffry Blanchfield, Chairperson ATTEST: Peter V. Banning, Executive icer