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HomeMy WebLinkAboutCC Resolution 9936 (Terrace Ave Quitclaim Deeds)RESOLUTION NO. 9936 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF QUITCLAIM DEEDS CONSISTENT WITH THE PREVIOUS VACATION OF EXCESS PORTIONS OF THE TERRACE AVENUE EXTENSION BY RESOLUTION NO. 9025. WHEREAS, the City Council of the City of San Rafael, on August 16, 1993, adopted Resolution No. 9025, under the Street Vacation Act of 1941 (Streets and Highways Code Section 8300 et seq.), wherein, the City vacated two pieces of property that were no longer needed by the City as part of the Terrace Avenue right-of-way extension, which had been dedicated in fee to the City on the Final Map of Oakview Subdivision Units 4 & 5, as recorded in Book 19 of Maps, page 13, Marin County Records; and WHEREAS, Resolution No. 9025 provided that one vacated piece of property was to become part of and merge with adjoining Lot 39, and the other piece of property was to become part of and merge with adjoining Lot 41, as such lots are shown on the aforementioned Final Map; WHEREAS, Resolution No. 9025 was recorded on September 24, 1993, as Document No. 93-078974, Marin County Records; and WHEREAS, Pacific Title Company, on behalf of the current owners of Lots 39 and 41 has requested that the City execute and record two quitclaim deeds conveying the City's interest in the aforementioned two pieces of property to the current owners of Lots 39 and 41consistent with the foregoing Resolution No. 9025, since the Marin County Recorder has refused to recognize the transfer of title to these two properties absent such recorded quitclaim deeds. NOW THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of San Rafael authorizes the Mayor to execute the two quitclaim deeds in the form attached hereto as Exhibits i and II , and directs the City Clerk to record such executed quitclaim deeds on behalf of the City with the County Recorder. 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 City Council of the City of San Rafael, held on Monday, the 20th day of October , 1997, by the following vote, to wit: AYES: Councihnembers: Cohen, Heller, Miller, Phillips & Mayor B.oro NOES: Councihnembers: None ABSENT/: Councilmembers: None JEA M LEONCINI, City Clerk RFCnRntNG REOUESTED BY THE CITY OF SAN RAF/ AND WHEN RECORDED MAB. TO: r— Kimball and Michelle Kaufman 57 Terrace Lane San Rafael, CA. 94901 zm'1106:. Y �7vIA��t t• r— Same as Above L_ SPACE ABOVE THIS LINE FOR RECORDER'S USE Documentary transfer tax 3 NO TAX DUE ❑ Computed on full value of property conveyed, or —� Cl Computed on full value less liens & encumbrances remaining thereon at time of sale. The undersicmed Grantor declares Signature of declarant or agent determining out - firm name ❑ Unincorporated area M City ofSan Rafael A. P. # 012-340-17 II QUITCLAIM DEED 11 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of San Rafael, a Municipal corporation do hereby remise, release and forever quitclaim to: Kimball C. Kaufman, JR and Michelle L. Kaufman, husband and wife as Joint Tenants The real property located in the City of San Rafael County of Marin State of California BEING DESCRIBED ON EXHIBIT "A" ATACHED HERETO AND MADE A PART HEREOF CITY EL Dared: October 29, 1997 l �`► T J. , ayor State of California, ATTtJT County of Mari n 1 SS e�.MI. yt.� J JEA4I� ANCI , Cily i Ierk On Wed., October 29, 1997 before me, Nancy Eurman, Notary Public personally appeared Albert J. B o ro , Mayor personally known to me (or proved to me on the basis of satisfactory evidence) to be the person4Wwhose nazn4*-is/9rL- subscribed to the within instrument and acknowledged to me that he/slWd%ey-executed the same in his/Ifer/thy authorized capacity(iek:- and by his/her/their signamreW—on the instrument the personal or the entry upon behalf of which the perso acted, executed the insrm hent WITNESS my hand and official seal. f ^ This area for Notary Seal or Stamp =IBIT I r0r� r NANCYEURMAN D d COMM. #1086576 o NOTARY PUBLIC -CALIFORNIA O MAAIN COUNTY My Comm. Expires Feb. 4, 2006 This area for Notary Seal or Stamp =IBIT I r0r� EXHIBIT "A" DESCRIPTION All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows BEING a portion of Terrace Avenue as shown and delineated on Map of Oakwood Units No. 4 and 5 filed in Book 19 of Maps, Page 13, Marin County Records, said portion being more particularly described as follows: COMMENCING at a point of curvature as the Easterly line of Lot 39 as shown and delineated on the above referenced map, said point also being the Northeasterly terminus of the course North 490 32. 32" East, 32.07 feet; thence along the Easterly line of said Lot 39, said line also being the Westerly right-of-way line of Terrace Avenue South 490 32, 32" West 5.24 feet to the true point of beginning of the herein described parcel of land; thence continuing along said line South 490 32' 32" West, 26.83 feet; thence South 400 27' 28' East, 24.02 feet; thence North 490 32' 32" East, 10.00 feet; thence leaving said line North 570 32' 51" West, 6.00 feet; thence along a non -tangent curve to the right whose center bears South 570 32. 51" East, having a radius of 155.60 feet, a central angle of 50 11' 12" for an are length of 14.09 feet; thence along a tangent curve to the left having a radius of 81.95 feet, a central angle of 10 07. 53" for an arc length of 1.62 feet; thence North 270 14' 26" West, 14.80 feet to the point of beginning. RECORDING REQUS';7ED BY THE CITY OF SAN RAFAL AND WHEN RECORDED MAIL TO: r— Jonathan Oldfather Holly D. Ford 158 Pine Street L_ San Anselmo, CA. 94960 MAIL TAX STATEMENTS TO: Same as Above l_ A.P. # 012-340-18 II —1 SPACE ABOVE THIS LINE FOR RECORDER'S USE Documentary transfer tax $ NO TAX DUE ❑ Computed on full value of property conveyed, or ❑ Computed on full value less Hens & encumbrances remaining thereon at dme of sale. The undersictned Grantor declares Signature of declarant or agent determining tax - firm name —1 ❑ Unincorporated area E City of San Rafael QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of San Rafael, a Municipal corporation do hereby remise, release and forever quitclaim to: Jonathan Oldfather and Holly D. Ford, husband and wife, as Joint Tenants The real property located in the City of San Rafael County of Marin State of California BEING DESCRIBED ON EXHIBIT "A" ATACHED HERETO AND MADE A PART HEREOF Dom: October 29, 1997 State of California. 1 1 ss Countyof Marin On Wed., October 29, 1997 before me, Nancy Eurman, Notary Public personally appeared Albert J. Bojo. Mavor personally blown to me (or proved to me on the basis of satisfactory evidence) to be the personsG*� whose name(s)- is/arc-subscribed to the within instrument and acknowledged to me that he/she/thti), executed the same in his/her/dwir authorized capacity(it . and by his/ties/their- signamre(S)-on the instrument the person(s)— or the entity upon behalf of which the person4*acted. executed the instrument_ WITNESS my hand and official seal. CITY OF SAN RAFAEL ALB RT J-. B-0�y0' a r t ATTEST: JE�A /NAII� E Cti Clerk r — — ^ — y NANCY EURMAN D 0 COMM. #1086576 T I NOTARY PUBLIC -CALIFORNIA 0 QMARIN COUNTY My Comm. Expires Feb. 4,200 v v v v This area for Nomry Seal or Stamp E-MIBIT II EXHIBIT "A" DESCRIPTION All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows BEING a portion of the public street known as Terrace Avenue as shown and delineated on Map of Oakwood Units No. 4 and 5 filed i.n.Back 19 of Maps, Page 13, Marin County Records, said portion being more particularly described as follows: BEGuu%uma at the most Northerly corner of Lot 41 as shown and delineated on the. above referenced map, said point also lying on the Easterly right-of-way line of Terrace Avenue; thence along said common line South 360 33. 30' West, 35.78 feet; thence South 56' 10' 28" West, 37.93 feet; thence North 570 32' S1" West, 13.00 feet; thence leaving said line along a non -tangent curve to the left whose center bears South 57' 32. 51" East having a radius of 125.60 feet, a central angle of S' 11. 14" for an arc length of 11.37 feet; thence South 520 21' 44" East, 7.00 feet; thence along a non -tangent curve to the left whose center bears North 52' 21' 44" West, having a radius of 118.95 feet a central angle of 41' OS' 44" for as arc length of 85.32 feet to as angle point in the Easterly right-of-way line of Terrace Avenue; thence along said line South 32' S6' 00" East, SO.00 feet to the port of beginning.