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HomeMy WebLinkAboutCC Resolution 9860 (163 McNears Open Space)RESOLUTION NO. 9 8 6 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF QUITCLAIM DEED TO PORTIONS OF THE CITY'S OPEN SPACE LANDS BASED UPON ADVERSE POSSESSION RIGHTS (163 MCNEAR DRIVE) BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, certain open space lands were dedicated to the City of San Rafael pursuant to the final map for the Peacock Gap Neighborhood One -B Subdivision recorded in 1985 as Document 85018645, also known as AP No. 186-530-63; and WHEREAS, the current owners of the property known as 163 McNear Drive, also known as AP No. 186-504-01, have provided evidence, satisfactory to City staff, that their predecessors in interest made certain fencing and yard improvements in or about 1973, which extended beyond the boundary lines of their property, pursuant to which they took possession, open and notoriously, under claim of right, for a continuous and uninterrupted period of five or more years, of a portion of the lands that were dedicated more than ten (10) years later to the City as the aforementioned open space lands; and WHEREAS, the current owners of 163 McNear Drive also have provided evidence, satisfactory to City staff, that the property was sold in 1976, raising a natural inference that the tax assessment of the property thereafter included the fair market value of the lands containing the fence and yard improvements extending beyond the boundary lines of 163 McNear Drive, thereby resulting in tax payments on such lands by the owners of 163 McNear Drive for five or more years; and -1-ORIGIi�A[ a:i�" WHEREAS, the current owners of 163 McNear Drive have requested that the City Council authorize execution and recording of the attached Quitclaim Deed, reflecting the rights to which they are entitled by adverse possession to a portion of the aforementioned open space lands dedicated to the City in 1985, as described in such Quitclaim Deed; and WHEREAS, City staff has determined that the current owners of 163 McNear Drive have provided satisfactory evidence as to all the elements required to establish adverse possession rights with respect to the portion of the City's open space lands described in such Quitclaim Deed; and WHEREAS, City staff has determined that the legal description attached to and incorporated into such Quitclaim Deed as Exhibit "A", correctly describes the portion of the City's open space lands to which the adverse possession rights of the current owners apply. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN RAFAEL AS FOLLOWS: 1. That the Mayor is hereby authorized to execute a Quitclaim Deed in the form attached hereto on behalf of the City Council; and 2. The City Clerk is directed to record such Quitclaim Deed in the Office of the Marin County Recorder. -2- 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 2"d day of June, 1997, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE M. LEO INI, ity Jerk -3- Recorded at the request of and when recorded to be returned,to: Werner and Andrea Scharf 163 McNear Drive San Rafael, CA 94901 Mail tax statements as before A.P. No. 186-504-01 DOCUMENTARY TRANSFER TAX $ -0- A.P. No. Computed on the consideration or value of property conveyed; Computed on the consideration or value less liens or encumbrances remaining at time of sale; or X No consideration paid by Grantee Signature of Declarant or Agent QUITCLAIM DEED In consideration of adverse possession rights which accrued prior to its ownership of the subject real property, the CITY OF SAN RAFAEL, a charter City under the California Constitution (hereafter "GRANTOR"), hereby remises, releases and forever quitclaims to Werner Scharf and Andrea Scharf (hereafter ("GRANTEE"), all of Grantor's right, title and interest in the subject real property located in the City of San Rafael, County of Marin, California, described as follows: See Exhibit "A" attached hereto and incorporated herein by this reference. This Quitclaim Deed is given to relinquish and release any right, title and interest purportedly granted to Grantor with respect to the subject real property by virtue of a dedication to the City of San Rafael for use as public space as shown on that certain Map entitled "Map of Peacock Gap Neighborhood One -B," filed for record on May 6, 1985, in Book 19 of Maps at page 45, Marin County Records, and recorded as Document No. 85018645. Grantor makes this conveyance through the Mayor of the City of San Rafael on behalf of the City of San Rafael, California, pursuant to authority conferred by Resolution No. of the City Council of the City of San Rafael, and consents to recordation of this document by the Mayor of the City of San Rafael as the City's duly authorized representative. Executed this Marin County, California. STATE OF CALIFORNIA ) ss. County of Marin ) day of , 1997, at San Rafael, Grantor: The City of San Rafael, a Charter City Under the California Constitution By Al Boro, Mayor On this day of , 1997, before me, , Notary Public, personally appeared Al Boro, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the above Quitclaim Deed as Mayor of the City of San Rafael, Marin County, California, and acknowledged to me that he executed the same in his authorized capacity, and that by his 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. DESCRIPTION BEGINNING at the southernmost point of Lot 88, "Map Of Glenwood Forest, Unit Two", recorded in Book 14 of Maps at Page 13, Marin County Records; Thence along the easterly line of Lot 91 of said map, along the arc of a curve of radius 350.00 feet, the center of which bears S 57011'38" W, through a central angle of 5033'22", an arc length of 11.00 feet; Thence N 66010'00" E, 57.00 feet; Thence N 25050'00 W, 7.50 feet; Thence N 64010'00" E, 81.50 feet; Thence N 32020'00" W, 56.16 feet to the southerly line of McNear Drive as shown on said map; Thence along said line, S 57011'38" W, 10.69 feet to the easterly line of Lot 88; Thence along said line, 46.06 feet along the arc of a curve of radius 475.00 feet, the center of which bears S 57011'38" W, through a central angle of 5033122", to the southeast corner of Lot 88; Thence along the southerly line of said lot, S 62045'00" W, 125.00 feet to the point of beginning. LAN D SU,q \V r -?X No. 5Vr 14 t; , OF EXHIBIT 4 UA �! 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