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HomeMy WebLinkAboutCC Resolution 10742 (1677 Lucas Valley Annexation)RESOLUTION NO. 10742 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND RANDALL AND JANICE GRANT REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY AT 1677 LUCAS VALLEY ROAD (APN 164-280-42), TO THE CITY OF SAN RAFAEL BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, Randall and Janice Grant are the owners of real property located at 1677 Lucas Valley Road, APN 164-280-42; and WHEREAS, Randall and Janice Grant applied to the Las Gallinas Valley Sanitary District to connect to the District Sewer Line; and WHEREAS, the property APN 164-280-42 is not within the Sanitary District boundary and not within the City limits; and WHEREAS, in order to connect to the LGVSD sewer line, it is necessary to ANNEX to the Sanitary 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. 00-15; and WHEREAS, Randall and Janice Grant 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 20t" day of November, 2000, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, F1_el 1 er, Mi 11 er, Phi 11 i psi & Mayor B.oro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None_ JEA lE M. LEONCINI, City 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 Sr ).Rafael, CA 94915-1560 At -moon: David Bernardi, Director of Public Works 'MARIN GCSt�t'I Y RECOFtOpi DEC 0 6 2090 Reca„lers Office County Of Marin JOAN C. THAYER Recorder 2000-0062733 REC FEE .00 TOTAL - .00 NO FEE TOTAL TENDERED CHANGE .00 .00 .00 09:42AM 06 -Dec -2000 20001206000009 wendy ASR003 Thank You Have A Nice Day 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 thi441 sda % of y b00, between the CITY OF SAN RAFAEL ("City") and FDA111r',A1L and JANICE GRANT ("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" (legal description and map) attached hereto; (b) As a result of a petition for the annexation of certain territory to the Las Gallinas Valley Sanitary District having been filed with the Executive Officer of the Marin Local Agency Formation Commission, the Commission has adopted its Resolution No. 00-15 approving the annexation of the property referred to above in Paragraph (a). A copy of the Commission resolution approving said annexation is attached hereto as Exhibit "B" and incorporated. (c) The above -referenced LAFCO resolution expressly provide that proceedings for the annexation here involved shall not be completed until applicants Grant and the City of San Rafael executes and records an agreement by which the Grants agree that in the event that any future proceedings for the go. l o 74,E A -r -r -WEf::> , annexation of the subject property to the City of San Rafael are initiated by the City of San Rafael, the Grants or their successors in interest, shall not oppose or protest such annexation. (d) The City of San Rafael 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 themselves and their heirs, successors and assigns that in the event any future proceedings for annexation of Owners property shall be initiated by the City of San Rafael, Owners shall neither directly nor indirectly oppose or protest such annexation. 2. Owners further 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. OWNER: DATED: ��� �� , 200000-/-��-llkl� RANDALL G AW � U DATED:4�z z , 2000 OWNE J ICE GRANT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of � CL -t1 cVk Ono(4- . 1q )�, before me, 0 AAie_i+ ,Int Lt )q:,( 1", r %v i D e Ra""01c'u Name and Title of Officer J ne Doe, Notary blic") personally appeared �h" -+ Name(s) of Signer(s) -- �slrat7 C. i{q�(WARD Signer's Name: l 9- Commission# 11�988I Z Individual Notary Public - Califomic,� Z Main County ❑ Corporate Officer — Title(s): MyComm•y6�resMay22.20Q2� ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ' Place Notary Seal Above Upersonally known to merx - to be the person( whose name(g) Qare- subscribed to the within instrument and acknowledged to me that�MA0e�y executed the same in ��r authorized capacity(ie� ,, and that by �herftheir signature(6) on the instrument the person(g), or the entity upon behalf of which the person(s') acted, executed the instrument. WITNESS my hand ar�ff%)a�seal. OPTIONAL" Though the information below is not required by law, it may prove valuable to persons relying oTI'H�e2�ocumentl and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document y e Pi��YlPiu aroe `"h- Pro r Title or Type of Document: �tv1-i✓),a_4 ` e� R er.�Q /Dl��t��1 i P Cr>L d s�clt E Document Dater • (. 1�(/� Number of Pages: Signer(s) Other Than Named Above: �J ( C 1 2 _ 09- raA� �l 1)-Q � 6o r©��, Capacity(ies) Claime y Signer / �i�:,�:r.,�■ Gti1A6 (C Signer's Name: l 9- MAi m Individual [ c Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ' ❑ Trustee jy ` ❑ Guardian or Conservator j„ ❑ Other: Signer Is Representing: 0 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • www.nationainotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On I before me, t_ fG Date e and Title of Officer g., "Ja e, otary Public") personally appeared MA ( 00� r:( /IA Names) of Signer(s) [(personally known to me I�i'C7VCCA t -v r�v ./-n t'f� 1... ).. ..F ��..L;.�F....i..ny evid rrae —,,+I� SNE. C~ IHAYWARD to be the person f) whose name/ara Cammtssior� (18o9t3� subscribed to the within instrument and �� Notary PubGc-Cafto IXI > acknowledged to me thaatt� s e executed �.. - Marin County the same in heir authorized *Corrvrr~6PIresMW22- capacity(iw, and that by hi er signature(¢) on the instrument the person, or the entity upon behalf of which the person(#) acted, executed the instrument. WITNEW my hPAd arAoffV4a1 seal. Place Notary Seal Above OPTIONAL" Though the information below is not required by law, it may prove valuable to persons relying ocument and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 4j rwC e_{vl e o-+ (� Qa Title or Type of Document: �n Vifs�C t`!��'l r. a P ©rio itn a� Fu -� (�tr ee4t 5 r c �� Document Date: rf'`J Cv-+ • 1 , �i l� l`s Number of Pages: Signer(s) Other Than Named Above: Q�IG� d.� ( a - / i YJ G lr 1r0 - �f'L� PL e— ` Capacity(ies) Claime by Signer Signer's Name: 0—E'er % �IA yn:�■tau Individual Top of thumb here ❑ Corporate Officer — Title(s):> ❑ Partner—E] Limited ❑ General ❑ Attorney in Fact 5}�•. i ❑ Trustee ❑ Guardian or Conservator �'}a_ .- ,•;3 ,' � ❑ Other: fiJ Signer Is Representing: 9 - - :�=c.�:w�,^�v^�wK=vim k:�=v��v��.�v�v���w�:�c,�cn �n=�s���.��•�v^�u����v�c,�w��_•w�= w^�=c^�w^�,�u' m 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationainotary.org Prod. No. 6907 Reorder: Call Toll -Free 1-800-876-6827 CITY OF SAN RAFAEL DATED: NOVEMBER 22 , 2000 By: '� •� XLBIRT B C Mayor ATTEST: 9P�� Jeanne Leoncini,bty Clerk CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Marin ' On Nov. 22, 2000 before me, Nancy Eurman , Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Publi(f) personally appeared Albert J. Boro Name(s) of Signer(s) CX personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person( whose name(; (Dar_ subscribed to the within instrument and acknowledged to me that&ski/tny executed the same in 51 /tAr/t eir authorized capacity(i� and that by dow/thrix signature( -on the instrument the person*, or the entity upon behalf of which the person(,} - acted, executed the instrument. WITNESS my hand and official seal. /VI ICA n (fit /Lew. 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 ' Title or Type of Document: Agreement Re Future Proceedings for Annexation of Real Property to CSR (w/) Reso. 10742; 11/20/00) Document Date: October 19, 2000 Number of Pages: 14 Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name: Albert J. Boro ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator XX Other: Mayor Janice & Randall Grant Signer Is Representing: City of San Rafael 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 ^ ,. NANCY EURMAN 0 COMM. #1248639 NOTARY PUBLIC -CALIFORNIA 0 Q MARIN COUNTY I .. . . My Comm. Expires Feb. 4, 2004 .4 . v . v v v v v k Name(s) of Signer(s) CX personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person( whose name(; (Dar_ subscribed to the within instrument and acknowledged to me that&ski/tny executed the same in 51 /tAr/t eir authorized capacity(i� and that by dow/thrix signature( -on the instrument the person*, or the entity upon behalf of which the person(,} - acted, executed the instrument. WITNESS my hand and official seal. /VI ICA n (fit /Lew. 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 ' Title or Type of Document: Agreement Re Future Proceedings for Annexation of Real Property to CSR (w/) Reso. 10742; 11/20/00) Document Date: October 19, 2000 Number of Pages: 14 Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name: Albert J. Boro ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator XX Other: Mayor Janice & Randall Grant Signer Is Representing: City of San Rafael 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 EXHIBIT A June 1, 2000 ANNEXATION of the LANDS of GRANT Las Gallinas Valley Sanitary District Mapping No. 10/ 00 Beginning at a point on the Las Gallinas Valley Sanitary District boundary line, said point also being on the southwesterly fine of Lucas Valley Rd. and being the northerlymost property comer of that certain real property being described as Parcel "Y' as shown upon the Parcel Map filed in Marin County Official Records Parcel Map Book 6 page 99, Marin County Records, State of California; thence leaving said Las Gallinas Valley Sanitary District boundary line and said Lucas Valley Rd. along the boundary of said Parcel -1-, S 1112'16- W, 1305.72 ft.; thence S 5718'52" E, 277.55 ft.; thence S 59 28'06!' E, 30.00 ft. to a point on, the Las Gallinas, Valley Sanitary District boundary line, thence continuing along the boundary line of said Parcel -1- and along said Las Gallinas Valley Sanitary District boundary line N 213822- E, 1014.57 ft. to Lucas Valley Rd.; thence continuing along said boundary lines and Rd. right-of-way line N 49 45'49" W, 44.00 ft.; thence N 36 4949" W, 424.41 ft.; thence N 3415'39" W, 163.11 ft. to the point of beginning. Said Annexation contains 10A6 acres more or less. cc: J.L. Engineering ph: 415-457-6647 1539 Fourth St. fx: 415-457-2517 San Rafael, Ca. 94901 e-mail: #eng.com POB C `'°°may �76%3q.39 4, is UP \V03 0. AP#:164-320-13 o� h � � U Propert m Location �y Rd 44_ o0�19 9 „w LANDS OF GRANT 1677 Lucas Valley Rd. N ON#94 037294 2 3 Tank Lot m AP#164-280-41 N L4 00 N N 10.46 ACRES rn w 0 0 J N_ PARCEL 1 6 PM 99 g in Tank Lot /A—P#164-280-40 AP#:164-280-43 AP#:164— 280-44 AP#:164— 280-45 Vicinity Map NTS 217,55' o Las Gallinas Valley 857.18, 0 147.54, — Sanitary District Annexation of the 52"E S-59'28'06 Boundary AP#.164-280-35 "E Lands of Grant to Las Gailinas Valley Sanitary District Mapping No. 10/00 LEGEND POB POINT OF BEGINNING —0 0 PARCEL TO BE ANNEXED EXISTING LAS GALLINAS VALLEY SANITARY DISTRICT BOUNDRY J. L. ENGINEERING CIVIL ENGINEERING AND LAND PLANNING 1539 FOURTH ST., SAN RAFAEL, CA. 94901 (415) 457-6647 EXHIBIT "A" Sent By' MARIN LAFCO; 4154464410; Oct -5 4:02PM; Page 3 MAP -IN LOCAL AGENCY FORMATION COMMISSION RESOLUTION NO. 00-15 a RESOLUTION MAKING DETERMINATIONS AND APPROVING ANNEXATION WITH 'WAIVER OF NOTICE, BEARING AND ELECTION TO THE LAS GALLINAS VALLEY SANITARY DISTRICT "Annexation of the Lands of Grant to Las Gallinas Valley Sanitary District (Fite #1178)" WHEREAS, a proposal for the annexation of certain territory to the Las Gallinas Valley Sanitary District has been filed with the Executive Officer of the Marin 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 Iand within the territory proposed to be annexed; and WHEREAS, pursuant to Government Code Section 56837, when a petition 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 respcct'to said annexation without notice and hearing; and 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, Las Gallinas Valley Sanitary 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; and a Sent By: MARIN LAFCO; 4154464410; Oct -F . 4:02PM; Page 4 Resolution 00-15 -2- August 10, 2000 NOW THEREFORE, the Marin Local Agency Formation Commission DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: Section 1. Subject to the terms and conditions hereinafter specified, the proposed annexation is approved. Section 2. The boundaries, as set forth in the proposal, are hereby approved as submitted and are as described in Exhibits "A" and "B" attached hereto and by this reference incorporated herein. Section 3. The territory includes 10.46 acres, is found to be uninhabited, and is assigned the following distinctive short form designation: "Annexation of the Lands of Grant to Las Gallinas Valley Sanitary District (File #1178)." Section 4. The proposal is consistent with the adopted sphere of influence for the Las Gallinas Valley Sanitary District. Section 5. Any resolution authorizing the annexation approved by this resolution shall impose the following terms and conditions: A. The applicant will provide a revised map and legal description with the assigned short form title of "Annexation of the Lands of Grant to Las Gallinas Valley Sanitary District (File #1178)" and meeting the technical requirements of the State Board of Equalization. a B. 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- Sent By: MARIN LAFCO; 4154464410; Oct -E 4:03PM; Page 5/10 Resolution 00-15 -3- August 10, 2000 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 chis 10th day of August, 2000 by the following vote: AYES: Commissioners Blanchfield, Chapman, Heller, Hennessy, Kress, Murray and Ware NOES: None ABSENT; None JEFFRY BLANCHFIELD; Chairperson ATTEST: I(F2, PETER V. BAN 1"Ex=tfficer