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HomeMy WebLinkAboutCC Resolution 10327 (227 Spring Grove Lane)RESOLUTION NO. 10327 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF AN EASEMENT PURCHASE AGREEMENT WITH RICHARD D. MURPHY, TRUSTEE FOR GRANT OF EASEMENT, BURDENING THE PROPERTY KNOWN AS 227 SPRING GROVE LANE (ASSESSOR'S PARCEL NO. 012-340-13), AND AUTHORIZING EXECUTION OF CERTIFICATE OF ACCEPTANCE OF GRANT OF EASEMENT NECESSARY TO RECORD PUBLIC PEDESTRIAN EASEMENT ACROSS TERRACE LANE. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS FOLLOWS: WHEREAS, the City Council has approved a Negative Declaration for a project consisting of the acquisition by the City of San Rafael of a trail for public pedestrian use and non -motorized conveyance use across Terrace Lane, and a related easement for ingress and egress thereto for construction, maintenance and repair of such trail, as necessary; and WHEREAS, City staff has made written purchase offers, based upon an appraisal, to the owners of the four separate properties that include portions of Terrace Lane that would be encumbered by the aforementioned easement, including to Richard D. Murphy, Trustee under Declaration of Trust dated March 25, 1995, the current owner of 227 Spring Grove Lane (AP No. 12-340-13); and WHEREAS, Richard D. Murphy, Trustee under Declaration of Trust dated March 25, 1995, has executed an Easement Purchase Agreement, agreeing to a Grant of Easement over a portion of Terrace Lane, which is attached hereto as Exhibit "I"; and WHEREAS, Ronald Solari and Tracy Solari, husband and wife, who have entered into a Real Estate Purchase Agreement to purchase the 227 Spring Grove Lane property, have executed arA a Consent to Easement Purchase Agreement consenting to the aforementioned Easement Purchase Agreement between the City of San Rafael and Richard D. Murphy, Trustee; and WHEREAS, the City Council finds that the public interest will be served by acquisition by the City of San Rafael of the aforementioned easement; NOW THEREFORE BE IT RESOLVED: 1. The City Council authorizes the Mayor to execute the Easement Purchase Agreement between the City of San Rafael and Richard D. Murphy, Trustee, a copy of which is attached hereto as Exhibit "I". 2. The City Council further authorizes the Director of Public Works to proceed forthwith to consummate the terms of aforementioned Easement Purchase Agreement, including the opening of escrow and the payment of the $500.00 purchase price provided for the Grant of Easement, and to execute a Certificate of Acceptance in the form required to permit the City to record the Grant of Easement in the form attached as Exhibit "A" to the aforementioned Easement Purchase Agreement. The foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 19'hday of October, 1998, by the following vote to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None 2 JVXNNE M. LEONCINI, City Clerk EASEMENT PURCHASE AGREEMENT This Easement Purchase Agreement is made and entered into by and between Richard D. Murphy, Trustee under Declaration of Trust dated March 24, 1995 ("Grantor"), and the City of San Rafael ("City"). In consideration of the mutual promises contained herein, the parties agree as follows: 1. Agreement to Sell and Purchase Easement. Grantor agrees to sell and City agrees to purchase the Easement as described in the Grant of Easement attached hereto as Exhibit "A". The performance of this Agreement constitutes the entire consideration for such Grant of Easement, and shall relieve the City from any further claims by Grantor with respect to acquisition of such Easement. 2. Purchase Price. This purchase price for the Easement shall be Five hundred dollars ($500.00). City shall pay Grantor or Grantor's assignee the purchase price at the close of escrow, conditioned upon the Easement vesting free and clear of all judgment and other liens, including mortgages or deeds of trust. 3. Escrow. The purchase and sale of this Easement shall be consummated through an escrow to be established forthwith by City at a Title Company of its choice. City shall pay all escrow costs and fees, recording fees, transfer taxes, title insurance premiums, and all closing costs and charges whatsoever. The payment to Grantor of the purchase price, to be deposited into escrow by City, shall be contingent upon the delivery into escrow for recordation, within 60 days of the approval of this Agreement by City, of an executed Grant of Easement, and subordination agreements from any outstanding deeds of trust or mortgage holder trustees and beneficiaries and any other lien holders, where required by City. The Grantor shall reasonably assist in obtaining said subordination agreements. 4. Pavment of Deeds of Trust. If the property burdened by the Easement is secured by a mortgage or deed of trust, Grantor shall be responsible for payment of any demand under authority of said mortgage or deed of trust out of Grantor's proceeds. 5. Annroval of Citv. Grantor understands that this Agreement is subject to its approval by Resolution of the City Council of the City of San Rafael, and execution of this Agreement pursuant to said Resolution. EXHIBIT "I" 6. Authoritv to Sign Agreement. Grantor represents that the signatory to this Agreement has authority to enter into this Agreement on behalf of Grantor and to convey title to the Easement covered by this Agreement, and that no other authorizations are required to implement this Agreement on behalf of Grantor. 7. Successors and Assigns. This Agreement and the terms and conditions of the Grant of Easement shall be binding upon and inure to the benefit of the respective heirs, successors, and assigns of the parties. 8. Hazardous Waste. Grantor represents and warrants that, to the best of Grantor's knowledge, no disposal or release of hazardous substances or wastes have occurred on the portion of the Grantor's property to be burdened by the Easement provided for herein, either during or prior to Grantor's ownership of said property. 9. Entire Agreement. This Agreement represents the entire agreement of the parties and supersedes any prior agreements or representations with respect to the Easement. This Agreement may be modified only by writing executed by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below. CITY OF SAN RAFAEL ALB T J. B O, Mayor Date: /a/" ATTEST: �n►. M. LEONCII�II, City Clerk 2 GRANTOR "&q Richard D. Murphy, Trust Date: APPROVED AS TO FORM: U96,1 GARY T. RAGGHIANTI, City Attorney RECORDED AT THE REQUEST OF: CITY OF SAN RAFAEL WHEN RECORDED RETURN TO: CITY OF SAN RAFAEL P.O. BOX 151560 SAN RAFAEL, CA 94915-1560 ATTENTION: CITY CLERK NO RECORDING FEES PURSUANT TO GOVERNMENT CODE SECTIONS 6103 AND 27383 GRANT OF EASEMENT Grantor, Richard D. Murphy, Trustee under Declaration of Trust dated March 25, 1995 ("Grantor"), hereby grants to the City of San Rafael, a public entity, in the State of California, an easement for a trail for public pedestrian use and public non -motorized conveyance use, and a related easement for ingress and egress thereto for construction, maintenance and repair of such trail, as necessary, across the parcel described as follows: Being an easement of uniform width of fifteen (15) feet running parallel to and northerly of the centerline of the private Right -of -Way described as "Terrace Lane (A Private Lane and Public Utilities Easement)", as shown on Lot 30A of that certain Map entitled "Parcel Map, Resubdivision of Lots 29, 30, 31 and 32, Map of Oakwood Units 4 & 5", filed in Volume 19 of Maps, at page 13, City of San Rafael, County of Marin, State of California, filed for record July 7, 1987, in Volume 23 of Parcel Maps, at Page 84, Marin County Records, and containing 2050 square feet, more or less. IN WITNESS WHEREOF, said Grantor has caused his name to be affixed hereto and this instrument to be executed this day of , 1998. Grantor LIM Richard D. Murphy, Trustee EXHIBIT "A"