HomeMy WebLinkAboutCC Resolution 10667 (371 Margarita Drive Annexation)RESOLUTION NO. 10667
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY AND MR. AND MRS. MARK
LECHOWSKI REGARDING FUTURE PROCEEDINGS FOR
ANNEXATION OF REAL PROPERTY AT 371 MARGARITA
DRIVE, APN 016-011-01, TO THE CITY OF SAN RAFAEL
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, Mr. And Mrs. Mark Lechowski are the owners of real
property located at 371 Margarita Drive, APN 016-011-01; and
WHEREAS, Mr. And Mrs. Mark Lechowski applied to the San Rafael
Sanitation District to connect to the District Sewer Line; and
WHEREAS, the property APN 016-011-01 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. 00.02; and
WHEREAS, Mr. and Mrs. Mark Lechowski 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".
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.
aLIN, �IdP4AL kotp/�
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 17`x' day of July, 2000, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Eoro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEAr&M. LEON INI, City lerk
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 -15 60
[V1,Lk
1 i L: �.• f
D EE 7
f
JUL z 8 2000
Office
Of
JOAN C. THAYER
/ order
1 218A-0038464
REC FEE .00
TO .00
NO FEE .00
TOTAL TENDERED .00
ORCE .00
0@1: M E8 -Jul -M 00072 M184
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 this 7ttday of JULY , 2000,
between the CITY OF SAN RAFAEL ("City") and MARK A. LECHOWSKI and
GEERTRUIDA J. C. LECHOWSKI ("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; and
b) As a result of a failed on-site wastewater treatment system located on Owners'
Property, Owners have been granted approval for a 1 -year provisional
connection to the public sewer pending application to the Marin Local Agency
Formation Commission (LAFCO) for annexation to the San Rafael Sanitation
District per the District Board meeting held on May 5, 1999, and subject to the
approval of Marin LAFCO. Application for annexation to the San Rafael
Sanitation District would also require concurrent annexation to the City of San
Rafael unless waived or deferred by the City in accordance with LAFCO
Resolution No. 00-02, attached hereto as Exhibit "B" and included herein;
and
c) The City has agreed to defer annexation of the Owners' 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. Owners agree on behalf of himself/herself/his/her heirs, successors, and
assigns that in the event of any future proceedings for the annexation of
Owners' Property to the City that are 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'
DATED
DATED
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.
Mr/ll I 111
1
S -E MTA&, C-; P
OWNERS: _
Mark A. Lechbwski
Gbertruida J. C. Le�(bwski
, 2000 City of San afael
By:
Alb J. Bo , Mayor
ATTEST:
J e M. Leoncini, City Clerk
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
} ss.
County of __Ua r
On -� a ,before me, _'77�1Q�Q� � JDate ' name and Tice of flicar (e.g., "JDoe, otary Public')
personally appeared MCP V k - AYI-HACtAy
Name ) of Signer(s
personally known to me
roved to me on the basis of satisfactory
evidence
to be the person whose namet Is�
subscribed to the within instrufient and
BOUALAy C. BALA acknowledged to me that he/executed
Cammbdm#12'iW the same in his/heM4&i;- authorized
NOW Public -Ca hwb capacity0est,- and that by his/ #ei--
AAMIn signaturepd on the instrument the person, or
WCOW'Z the entity upon behalf of which the person
acted, executed the instrument.
VALLINESS my hand and official sloal.
Place Notary Seal Above (signature of NOW Public
OPTIONAL
ough 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.
Descripti�Docume
Document
Title or Typ
Document Date: \\\ Number of Pages:
Signer(s) Other Than Named Above: \�
Capacity(ies) Claimed by Signer
Signer's Name:
El Individual \ Top of thumb here
Corporate Officer — Title(s):
❑ Partner — L Limited , General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
01997 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
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
P1ari n ss.
On July 24, 2000 before me, Nancy Eurman, Notary Publ i c
Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public")
personally appeared Albert J. Boro
Name(s) of Signer(s)
personally known to me
❑ proved to me on the basis of satisfactory
evidence
r w�
r'
rNANCY EURMAN p
0
COMM. #1248639
NOTARY PUBLIC -CALIFORNIA
O
MARIN COUNTY
v a< v r
My Comm, Expires Feb. 4,1004 1
r w r ♦ v r �. a
to be the personf'sj' whose namek oa*
subscribed to the within instrument and
acknowledged to me thahh %she/they executed
the same inis h4r/tleruthorized
capacity(ie� and that by &4r/tho
signature( -on the instrument the person*, or
the entity upon behalf of which the person(v}
acted, executed the instrument.
WITNESS my hand and official seal.
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 Document LECHOWSKI -- Reso. 10667
Title or Type of Document: Agree. Re Future Proceedings for Annexation of
Real Prop to CSR (APN 016-011-01; 371 Margarita Dr.)
Document Date: _July 17, 2000 Number of Pages: Nine
Signer(s) Other Than Named Above:_ P1ark A. Lechowski & Geertruida J. C. Lechowsk
Capacity(ies) Claimed by Signer
Signer's Name: Albert J. Boro
❑ Individual Top of thumb
ElCorporate Officer — Title(s):
❑ Partner — : ; Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
[X Other: Mavor
Signer Is Representing: City of San RafaP1
0 1997 National Notary Association - 9350 De Solo Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No 5907 Reorder: Call Tall -Free 1-800-876-6827
Ecbi.bi.t "A"
Margarita Drive Annexation No. 2
To
San Rafael Sanitation District
Mapping No. 7/99
Beginning at a point on the San Rafael Sanitation District Boundary, said point also being
on the southerly line of Margarita Drive, being a point of intersection of the courses, N
78°28'00" E and S 32°58'00" E, also being on the northerly property line of that certain
parcel of land, being the Lands ofLechowski, filed for recordation on December 26,
1986, Document No. 86-73590, Marin County Records; thence along said southerly line
of Margarita Drive, S 78°28'00" E, 98.07 feet; thence leaving said southerly line, along
the property 11ne of said Lands ofLechowski, S 16°40'00" E, 298.94 feet; thence
N 8502538" E, 85.62 feet; thence N 28°21'00" E, 110.0 feet; thence N 61°39'00" W,
25.0 feet; thence, N 28°21'00" E, 120.01 feet; thence N 45008'00" W, 14.78 feet to the
San Rafael Sanitation District Boundary, also being the southerly line of Margarita Drive;
thence along said southerly line of Margarita Drive, S 79°41'00" W, 57.07 feet; thence N
66018'00" W, 62.11 feet; thence N 32°58'00" W, 71.16 feet to the Point of Beginning.
Containing approximately 1. 13 acres.
QRpFESSIOti
HAL�� �Fy�
Ca r
cam. �J-u 1-cvvv Zt
���rFOIVI-
F 0�
EXhibit nBn
MARIN LOCAL AGENCY FORMATION LOMMISSION
RESOLUTION NO. 00-2
RESOLUTION MAKING DETERMINATIONS AND APPROVING ANNEXATION
WITH WAIVER OF NOTICE, HEARING AND ELECTION
TO SAN RAFAEL SANITATION DISTRICT
"Margarita Drive Annexation #2"
WHEREAS, a proposal for the 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 a petition of application was signed by all owners of land with 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.
WHEREAS, pursuant to Government Code Section 56837(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
NOW THEREFORE, the Marin Local Agency Formation DOES HEREBY
RESOLVE, DETERMINE AND ORDER as follows:
Section 1. The proposal made by petition is approved, subject to the terms and
conditions hereinafter specified:
The foregoing instrument is a correct copy
of the original on record in the office of the
Local Agency Formation Commission of the
County of Marin, State of California.
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.
B. In the event that pursuant to the rules, regulations, resolutions or ordinances of the
District, as now or hereafter amended, the District shall require any payment of a fixed
or determinable amount of money, either as a lump sum or in installments, for the
acquisition, transfer, use or right of use of all or any part of the existing property, real
or personal, of the District, such payment will be made to the district in the manner and
at the time as provided by the rules, regulations, resolutions or ordinances of the
District, as now or hereafter amended.
C. Upon and after the effective date of said annexation, the Territory, all inhabitants
within such Territory, and all persons entitled to vote by reason of residing or owning
land within the Territory, shall be subject to the jurisdiction of the District; shall have
the same rights and duties as if the Territory had been a part of the District upon its
original formation; shall be liable for the payment of principal, interest, and any other
amounts which shall become due on account of any outstanding or then authorized but
thereafter issued bonds, including revenue bonds, or other contracts or obligations of
the District; shall be subject to the levying or fixing and collection of any and all taxes,
assessments, service charges, rentals or rates as may be necessary to provide for such
payment; and shall be subject to all of the rates, rules, regulations, resolutions and
ordinances of the District, as now or hereafter amended.
Section 2. The boundaries, as set forth in the proposal, are hereby approved as
submitted and ar- as described in Exhibit "A" and "B" attached hereto and by this reference
incorporated herein.
Section 3. The territory includes 1.13 acres, is found to be uninhabited, and is assigned
the following distinctive short form designation: "Margarita Drive Avenue Annexation #2 to
San Rafael Sanitation District (File #1165)".
Section 4. The proposal is consistent with the adopted sphere of influence for San
Rafael Sanitation District.
Section 5. The project is categorically exempt pursuant to §15303(x) and §15319(b) of
the Guidelines for Implementation of the California Environmental Quality Act.
Section 6. 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
13th day of January, 2000 by the following vote:
AYES: Commissioners Blanchfield, Chapman, Heller, Hennessy, Kress,
Murray and Ware
NOES: None
ABSENT: None
PIP
JEFFRY BY.ANCHFIELD,hairperson
ATTEST:
PE ER V. BANNING, Ex. u ' e Officer