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HomeMy WebLinkAboutCC Resolution 10691 (204 Seaview Ave Annexation)RESOLUTION NO. 10691 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. GLEN DOWLING REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY AT 204 SEAVIEW AVENUE, APN 016-041-23, TO THE CITY OF SAN RAFAEL BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, Mr. and Mrs. Glen Dowling are the owners of real property located at 204 Seaview Avenue, APN 016-041-23; and WHEREAS, Mr. and Mrs. Dowling applied to the San Rafael Sanitation District to connect to the District Sewer Line; and WHEREAS, the property APN 016-041-23 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. 99-11; and WHEREAS, Mr. and Mrs. Dowling 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. 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 7"' day of August, 2000, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None %1 JE E M. LE.OSTI, ity 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 SaprRa%ael CA 94915-1560 Recorders Office county Of Marin JOAN C. THAYER Recorder .08 TOTAL '08 NO TEMOEREO . 0e .06 .80 Ja:4ym 21 -Aug -2008 2MMI00M ASRM AUG 2 1 200Q SPACE ABOVE THIS LINE FOR RECORDER'S USE Agreement Regarding Future Proceedings for Annexation of Real Property to the City of San Rafael 41 1u-k.Q.- , This Agreement is made and entered into this b day of 2000, between the CITY OF SAN RAFAEL ("City") and GLEN W. DOWLING and NANCY DOWLING ("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 through existing policies in accordance with District Resolution No. 99-829, attached hereto as Exhibit "B", 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. 99- 11, attached hereto as Exhibit "C" 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' 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. DATED: ��t ( (o , 2000 DATED: O/�`� 12000 City of S ael By: XlbeAt J. Bo ayor ATTEST: J =. Leoncini, City Clerk 6. CALLAND- CALIFORNIA LAND TITLE OF MARIN State of California County of On to I I SPI Od appeared CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT before me, the undersigned, a Notary Public in and for said County and State, personally aV\_ CAI ❑ Personally known to me OR ^ KALLIE L. CASTRO V COMM. # 124,5956 Uj y NOTARY PUBLIC -CALIFORNIA) MARIN COUNTY ., • COMM. EXP. DEC, 17, 2003 _D(5 LA) I ' ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) act , executed the ' s t. TNESS my hand and official seal % - / SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the documents and could prevent fraudulent reattachment of this form. CAPACITY CLAUMD BY SIGNED ❑ INDIVIDUAL ❑ CORPORATE OFFICER TIME ❑ LIMITED PARTNER(S) ❑ GENERAL PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ■ HI- t DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) CAL State of California County of 6. LAND- CALIFORNIA LAND TITLE OF MARIN CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT On to - I G ' CD before me, the undersigned, a Nota7Pub isin and for said County and State, personally appeared ❑ Personally known to me OR ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and r BRIDGET DAVIS ^ official seal U COMM. #1170627 Q y NOTARY PUBLIC -CALIFORNIA ALAMEDA COUNTY y y y y COMM. EXP.FEEL16, 2002 4 SIGNA NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the documents and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNED ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE ❑ LIMITED PARTNER(S) ❑ GENERAL PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Marin ss. On Aug. 16, 2000before me, Nancv 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) Ik personally known to me ❑ proved to me on the basis of satisfactory evidence to be the persons whose name(*(jAr� 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: Agreement Re Future Proceedings for Annexation of Real Prop, to the City of San Rafael (APN 016-041-23 Document Date: 204 Seaview Ave.) NumberofPages: -- June 16, 2000 Signer(s) Other Than Named Above: Glen W. Dowling and Nancy Dowling Capacity(les) CIAa�TedbyJSio iSor Signer's Name: be t ❑ Individual e Top of thumb here ❑ Corporate Officer — Title(s): El — ]Limited ::General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator EX Other: Mayor Signer Is Representing: City of San Rafal _-A C 1997 National Notary Association - 9350 De Solo Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. Call Toll -Free 1.800-876-6827 subscribed to the within instrument and acknowledged to me that�qs4e/tHR* executed the same inTi hAf/thp�i�authorized capacity(i%p and that by lhhr/th$i� ` ,: �, .. .. .. .. .. , • W NANCY EURMAN D signature(A, on the instrument the persons or COMM. #1249639 �•r. NOTARYPUBLIC-CALIFORNIA the entity upon behalf of which the person(s�L ,, MARINCOUNTY0 acted, executed the instrument. v My Comm. Exoms Feb. 4, 21104 WITNESS my hand and official seal. Place Notary Seal Above oSignature 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: Agreement Re Future Proceedings for Annexation of Real Prop, to the City of San Rafael (APN 016-041-23 Document Date: 204 Seaview Ave.) NumberofPages: -- June 16, 2000 Signer(s) Other Than Named Above: Glen W. Dowling and Nancy Dowling Capacity(les) CIAa�TedbyJSio iSor Signer's Name: be t ❑ Individual e Top of thumb here ❑ Corporate Officer — Title(s): El — ]Limited ::General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator EX Other: Mayor Signer Is Representing: City of San Rafal _-A C 1997 National Notary Association - 9350 De Solo Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. Call Toll -Free 1.800-876-6827 E>a3IBIT "A" SEAVIEW DRIVE ANNEXATION No.5 to San Rafael Sanitary District Mapping No. 13/98 Commencing at a point on the easterly line of the San Rafael Sanitary District said point also being on the westerly line,of SeaView Ave. near and to the south of the intersection with Deer Park Ave. as is shown on the Map of Coleman Addn. to San Rafael in Book 1 at page 39, Official Records of Marin County, said point being S 75042'E, 29.07 ft. more or less from the intersection of the two westerly courses of SeaView Ave. being S 40*01' E, 5333 ft. and S 75042' E,145.84 ft.; thence along said westerly line of SeaView Ave. S 75042' E, 116.77 ft. ; thence S 35*08' E,119.72 ft.; thence S 15105' E,126.49 ft.; thence S 53°45' E,146.84 ft.; thence S 24°41' E, 339.87 ft. to an angle point of the westerly line of SeaView Ave., thence leaving the westerly line of SeaView Ave. N 74°29'30" E, 4151 ft. more or less to the Point of Beginning being an angle point on the easterly line of SeaView Ave., said angle point being S 24°41' E, 6.11 ft. from the southwest corner of that certain parcel of land conveyed by San Rafael Development Company to Alexander P.Ivars, by Deed recorded August 19, 1939 in Book 381 of Official Records at page 257, Marin County Records, running thence from the true point of beginning northerly along the easterly line of SeaView Ave. N 06020' E, 6.11 ft. to said southwest corner herein mentioned; thence leaving the westerly line of SeaView Ave. along the southerly line of the lands conveyed to lvars, N 65°19' E, 197.92 ft.; thence leaving said line and running S 15°41'30" E, 273.32 ft.; thence S 00°37 E, 169.46 ft.; thence N 57032' W, 290.46 ft.; thence N 66°39' W, 76.20 ft. to the easterly line of SeaView Ave.; thence along said easterly line N 45035' E, 69.79 ft.; thence N 06°20' E, 110.08 ft. to the Point of Beginning. Containing Approximately 1.61 acres G �J304H5 � Q EV. 3-31-20M �} J.L.Engineering 1539 Fourth St., San Rafael, Ca. 94901 415157-6647, fax 457-2517 EXHIBIT "Ein SAN RAFAEL SANITATION DISTRICT RESOLUTION NO. 99-829 A RESOLUTION MAKING DETERMINATIONS DESCRIBING BOUNDARIES OF TERRITORY, DESIGNATED "SEAVIEW AVENUE ANNEXATION #5" TO THE SAN RAFAEL SANITATION DISTRICT, ESTABLISHING TERMS AND CONDITIONS, AND ORDERING ANNEXATION OF TERRITORY (Dowling - 204 Seaview Avenue - APN 016-041-23) 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 99-11, Resolution Making Determinations and Approving Annexation with Waiver of Notice, Hearing and Election to the San Rafael Sanitation District designated as "Seaview Avenue Annexation #5"; and WHEREAS, Resolution No. 99-11 of the Local Agency Formation ,.,o.-jjmiss;un o4 Muria County i pprova`: the pi-oposed 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 l �nr�M WHEREAS, 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 tiled. 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 "Seaview Avenue Annexation #5" 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 99-11 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. The Executive Of,. , of the Local Agency Formation Commiss.-a 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 "Seaview Avenue Annexation #5" to the San Rafael Sanitation District, as required by the provisions of the Cortese -Knox Local Government Reorganization Act of 1985. 8. 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 cogen, Chairman Boro NOES: Name ABSENVABSTAIN: Director Ki A er J. Bor airman ATTEST: Paul M. Cohen, Secretary M SEAVIEW DRIVE ANNEXATION No. S to San Rafael Sanitary District Mapping No. 13/98 Commencing at a point on the easterly line of the San Rafael Sanitary District said point also being on the westerly line of SeaView Ave. near and to the south of the intersection with Deer Park Ave. as is shown on the Map of Coleman Addn. to San Rafael in Book 1 at page 39, Official Records of Marin County, said point being S 75042' E, 29.07 ft. more or less from the Intersection of the two westerly courses of SeaView Ave. being S 40001' E, 5333 ft. and S 75042' E, 145.84 ft.; thence along said westerly line of SeaView Ave. S 75°42' E, 116.77 ft. ; thence S 35108' E, 119.72 it.; thence S 15°05' E, 126.49 ft.; thence S 53°45' E, 146.84 ft.; thence S 24°41' E, 339.87 ft. to an angle point of the westerly line of SeaView Ave.; thence leaving the westerly line of SeaView Ave. N 74°2930' E, 4151 ft. more or less to the Point of Beginning being an angle point on the easterly tine of SeaVtew Ave., said angle point being S 24°41' E, 6.11 ft. from the southwest corner of that certain parcel of land conveyed by San Rafael Development Company to Alexander P.Ivars, by Deed recorded August 19, 1939 in Book 381 of Official Records at page 257, Marin County Records; running thence from the true point of beginning northerly along the easterly line of SeaView Ave. N 06020' E, 6.11 ft. to said southwest corner herein mentioned; thence leaving the westerly line of SeaView Ave. along the southerly line of the lands conveyed to Ivars, N 65°19' E,197.92 ft.; thence leaving said line and running S 15041'30" E, 273.32 ft.; thence S MT E. 169.46 ft.; thence N 57°32' W, 290.46 ft.; thence N 66039' W, 76.20 ft. to the easterly line of SeaView Ave.; thence along said easterly line N 45°35' E, 69.79 ft.; thence N 06°20' E, 110.08 ft. to the Point of Beginning. Containing Approximately 1.61 acres c �J 3Dl8S a 4 � EV. "1.2000 /4 fro,_ cw w� J.L.Engineering 1539 Fourth St., San Rafael, Ca. 94901 415457-6647, fax 457-2517 A—fo H �,11 d,1) I r co in 1g� tn �,11 d,1) I vj.muoxx "C" MARIN LOCAL AGENCY FORMATION COMMISSION RESOLUTION NO. 99-11 RESOLUTION MAKING DETERMINATIONS AND APPROVING ANNEXATION WITH WAIVER OF NOTICE, HEARING AND ELECTION TO SAN RAFAEL SANITATION DISTRICT "Seaview Avenue Annexation #5" 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 1.61 acres, is found to be uninhabited, and is assigned the following distinctive short form designation: "Seaview Avenue Annexation #5" to San Rafael Sanitation District. 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. f�ti Section 4. Tuc proposal is consistent with the aL..,pted 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 ATTEST: a _��170 �� Peter V. Banning, Executive T cer Jeffry Blanchfeld, Chairperson