HomeMy WebLinkAboutCC Resolution 10510 (Mahon Creek Acquisition)CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLUTION NO. 10510
RESOLUTION AUTHORIZING CITY ACQUISITION OF
REDEVELOPMENT AGENCY OWNED PROPERTY (APN 130-021-22,36, & 37)
IN AN AMOUNT NOT TO EXCEED $732,735 (MAHON CREEK)
AND AUTHORIZING EXECUTION OF CERTIFICATE OF ACCEPTANCE
WHEREAS, the City Council of the City of San Rafael (the "City"), by Resolution No.
10168 adopted the Mahon Creek Conceptual Plan (the "Plan") to improve community pedestrian
and bicycle access and create other public improvements; and
WHEREAS, the City is authorized to acquire property for public purposes pursuant to
Article 3, Section 5 of the San Rafael Municipal Charter and to Government Code Sections
37350.5 and 40404; and
WHEREAS, the City desires to pursue the development of the Plan and has determined
that the acquisition of property located in the City of San Rafael, County of Marin, known as
Assessor Parcel Numbers 130-021-22, 36 & 37 and shown in the attached map labeled Exhibit A
(the "Mahon Creek Property" ) will assist the City in carrying out the goals for the Plan; and
WHEREAS, the Redevelopment Agency (the "Agency") is owner of the Mahon Creek
Property; and
WHEREAS, the City desires to purchase the Mahon Creek Property from the Agency for
public purposes and in accordance with the Plan; and
WHEREAS, the terms of the acquisition have been described in a staff report in
connection with consideration of this resolution and will be stipulated in a purchase agreement in
a form to be approved by the City Attorney; and
WHEREAS, the terms of the Agreement are within real estate standards for the area, and
WHEREAS, the acquisition of the Mahon Creel Property shall be funded by the City's
State Land Settlement Trust fund account and the State Lands Commission approved this
transaction and the Agreement Regarding Expenditure of Tidelands Trust Settlement Funds (the
"State Lands Agreement".
NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:
Sectionl. The City Council authorizes the purchase of the Mahon Creek Property from the San
Rafael Redevelopment Agency in an amount not to exceed $732,735 and authorizes the City
Manager to execute a purchase agreement in a form acceptable to the City Attorney; and,
Section 2. The City Council authorizes the City Manager to execute the State Lands Agreement
and make amendments as deemed necessary by the City Attorney; and,
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Section 3. The City Council authorizes the City Manager to execute a Certificate of Acceptance
for the Mahon Creek Property, and to execute any and all additional agreements or documents
necessary to complete the transaction; and,
Section 4. The City Council finds that the transfer of Mahon Creek from the San Rafael
Redevelopment Agency to the City of San Rafael is not a "project" for CEQA purposes because
this transfer of title will not cause either a direct physical change in the environment nor a
reasonable forseeable indirect physical change in the environment, as defined in Public
Resources Code section 21065 and Title 14 California Code of Regulations, section 15378(a).
I, JEANNE M. LEONCINI, City 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
City Council held on the 4' day of October, 1999, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
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JE M. LEONCINI, City Clerk
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Attachment B
AGREEMENT REGARDING THE EXPENDITURE OF TIDELANDS
TRUST SETTLEMENT FUNDS IN THE CITY OF SAN RAFAEL
RECI'T'ALS
The parties to this Agreement are the City of San Rafael, acting as
trustee of tide and submerged lands pursuant to Chapter 83, Statutes of 1923, -
as amended ("City of San Rafael"), the Redevelopment Agency of the City --
of San Rafael ("Agency"), and the State of California, acting by and through
the State Lands Commission and no other state agency ("State")._
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1. The City of San Rafael received in trust tide and submerged lands in
the City from the State of California through Chapter 83, Statutes of
1923, as amended;
2. The Legislature, through Chapter 1741, Statutes of 1971, authorized
the settlement of title uncertainties within certain of the tide and
submerged lands granted in 1923 to the City;
3. Several settlements have been entered into by the City, State, and
private parties. Through these settlements, lands necessary for public
tr-�
ust purposes have been brought into undisputed public ownership; _. ZZL4.
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4. Also through the settlements, funds have been received by the City of
San Rafael in exchange for quitclaims by the City and State of filled --=�-i
tide and submerged lands no longer necessary for public trust uses; - — -
5. Pursuant to the settlement and letter agreements, the funds received
from the settlements have been invested in the "San Rafael Land Bank
Fund," a fully insured, interest-bearing account. These funds are to be
released only upon joint direction of the City and State;
15. The City desires to purchase from the Redevelopment Agency of the
City of San Rafael the land described in Exhibit A to this Agreement.
(Exhibit A is attached to this Agreement and incorporated by
reference as a part of it.) This land shall be referred to in this
Agreement as the "Mahon Creek Property," and is to be purchased
using $732,735 from the San Rafael Land Bank Fund," as approved _
Attachment C r
by the State Lands Commission pursuant to the terms of this
Agreement;
7. The Mahon Creek Property is part of a larger area useful for purposes
of public access, habitat, and other purposes consistent with the public
trust;
8. Title to the Mahon Creek Property will be accepted by the City as
land of the legal character of tide and submerged lands, subject to the
common law public trust for commerce, navigation, and fisheries, and
subject to the trust grant to the City found in Chapter 83, Statutes of
1923, as amended; and
9. The money received by the Redevelopment Agency from this sale of
the Mahon Creek Property shall be used by the Agency for the Mahon
Creek Project (grading, landscaping, and a bicyclelpedestrian path), or
for similar improvements to other public trust lands within the City of
San Rafael.
Based upon the facts stated in the recitals, the parties agree that:
I . The City of San Rafael is authorized to expend the sum of $732,735
from the San Rafael Land Bank Fund for the purchase of the Mahon
Creek Property described in Exhibit A.
2. The City of San Rafael shall open an escrow account with a title
company acceptable to the parties to this Agreement for the deposit of
funds and the deed for the Mahon Creek property. This escrow
aocount shall be administered pursuant to escrow instnictians
approved by the parties to this Agreement As a condition to the close
of escrow, the City and State shall receive from the title company
chosen a pro forma title commitment in a form and policy amount
acceptable to the City and State.
3. The City of San Rafael shall receive and hold the Mahon Creek
Property as land of the legal character of tide and submerged lands,
subject to the common law public trust for commerce, navigation, and
fisheries, and subject to the grant in Chaptcr 83, Statutes of 1923, as
amended. The deed shall be in a form approved by the City and State.
4. The money received by the Redevelopment Agency from the sale of
the Mahon Creek Property shall be used by the Agency for the Mahon
Creek Project (grading, landscaping, and a bicyclelpcdestrian path), or
for similar improvements to other public trust lands within the City of
San Rafael.
MPSI
City of San Rafael
Dated:
Redevelopment Agency of the City of
San Rafael
Dated:
State of California, by and through the
State Lands Commission
Approved as to form:
BILL LOCKYER
Attorney General of the State of California
By:
Joseph C. Ruston
Deputy Attorney General
CIark E. Guinan, Jr.
Assistant City Attorney
City of San Rafael