HomeMy WebLinkAboutCC Resolution 9907 (Shamrock Properties Title Dispute Settlement)CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLUTION NO. 9907
RESOLUTION AUTHORIZING MAYOR TO EXECUTE AGREEMENT
TO SETTLE A TITLE DISPUTE FOR SHAMROCK PROPERTIES
WHEREAS, the City contends that it holds some interest in properties described as Trust
Termination Parcels described in Exhibit A to the attached settlement agreement, in trust for the
public, subject to State supervisory and reversionary interest; and
WHEREAS, the property owners contend, for various reasons, that no City or State
interest exists in the Trust Termination Parcels;
WHEREAS, it is in the best interest of the parties involved to resolve their disputes by
compromise settlement and to avoid costs, time requirements and uncertainties in litigation.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Mayor is hereby
authorized to execute, on behalf of the City Council, in a form to be approved by the City
Attorney, an agreement whereby the City will quitclaim its interest in the Trust Termination
Parcels described in the settlement agreement, and La Terra Trifoglio LLC will pay the City of
San Rafael the sum of Seventy five thousand dollars ($ 75,000).
BE IT FURTHER RESOLVED, that the City Council of the City of San Rafael hereby
authorizes the Mayor to execute all additional documents necessary to implement the agreement
entered into under Resolution Number 9 9 0 7 , including the acceptance of quit claim deeds.
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 held on the 2" day of September, 1997, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Miller, Phillips & Vice -Mayor Heller
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
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JE M. LEONC , City Clerk
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Recorded at Request of:
STATE OF CALIFORNIA
STATE LANDS COMMISSION
When Recorded Mail to:
State Lands Commission
100 Howe Avenue, Suite 100 -South
Sacramento, CA 95825-8202
ATTN: Fred Sledd
STATE OF CALIFORNIA OFFICIAL BUSINESS:
Document entitled to free recordation
pursuant to Government Code Section 6103
NO TAX DUE
AGREEMENT FOR THE SETTLEMENT OF A TITLE
DISPUTE IN THE CITY OF SAN RAFAEL, COUNTY OF MARIN, AMONG
LA TERRA TRIFOGLIO, LLC; SHAMROCK MATERIALS INC., A CORPORATION;
LA TERRA, A PARTNERSHIP; THE CITY OF SAN RAFAEL; AND
THE CALIFORNIA STATE LANDS COMMISSION
Instructions to the County Recorder of the County of Marin:
This document includes deeds of parties to the Agreement to other parties to it. Please
index this document as follows:
GRANTOR
City of San Rafael
GRANTEE
La Terra, a partnership
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Agreement/Exhibit
in which Real
Property is
Described
B (Trust Termination
Parcel One)
City of San Rafael Shamrock Materials Inc., C (Trust Termination
a Corporation Parcel Two)
City of San Rafael
State of California,
acting by and through
the State Lands Commission
State of California,
acting by and through
the State Lands Commission
State of California,
acting by and through
the State Lands Commission
La Terra Trifoglio, Inc.
La Terra, a partnership
Shamrock Materials Inc.,
a Corporation
La Terra Trifoglio, Inc
Dand E
(Trust Termination
Parcel Three and Trust
Termination Parcel Four)
B (Trust Termination
Parcel One)
C (Trust Termination
Parcel Two)
Dand E
(Trust Termination
Parcel Three and Trust
Termination Parcel Four)
The parties to this Agreement, dated , 1997, are the State of California, acting
by and through the State Lands Commission ("State"); the City of San Rafael ("City"); La Terra
Trifoglio, LLC; Shamrock Materials Inc., a Corporation; and La Terra, a partnership. The non-
government parties will be referred to collectively in this Agreement as the "Private Parties."
The State, the City, and the Private Parties will be referred to collectively in this Agreement as
"the Parties."
RECITALS
1. This Agreement concerns four parcels of real property in the City of San Rafael,
County of Marin, which together form what is referred to throughout this Agreement as the
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"Trust Termination Parcels." The. Trust Termination Parcels are shown for reference purposes
on the plat which is Exhibit A.
2. When each of the four Trust Termination Parcels is referred to individually in this
Agreement, it is referred to as either "Trust Termination Parcel One," which is described in
Exhibit B; "Trust Termination Parcel Two," which is described in Exhibit C; "Trust Termination
Parcel Three," which is described in Exhibit D; or "Trust Termination Parcel Four," which is
described in Exhibit E.
Exhibits A through E are attached to this Agreement and are incorporated as parts of
it by this reference.
4. Upon its admission to the United States of America on September 9, 1850, the State
of California, by virtue of its sovereignty, received in trust for the benefit of the people of the
State of California for the purposes of commerce, navigation, and fisheries, title to all tide and
submerged lands within the boundaries of the State of California.
5. Pursuant to the provisions of Division 6 of the Public Resources Code, including
Sections 6301 and 6307, the State Lands Commission is vested with all jurisdiction and authority
as to all right, title, and interest in tidelands and submerged lands held by the State of California
in trust for the benefit of the people of the State.
6. In its last natural condition, portions of the Trust Termination Parcels lay within the
bed of San Rafael Creek and/or its tributaries, which waterways were subject to the ordinary tides
from San Francisco Bay.
7. The State of California, by virtue of the Arkansas Swamp Lands Act of
September 28, 1850, received title from the United States of America to certain swamp and
overflowed lands located within the State's boundaries.
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8. Pursuant to the Arkansas Swamp Lands Act and state implementing statutes and
sales, certain lands along and within San Rafael Creek and its tributaries in the reach of the Trust
Termination Parcels were included within the perimeter descriptions of swamp and overflowed
lands sales. These sales included Swamp and Overflowed Survey Nos. 1 and 28 (patented on
November 12, 1868, and February 3, 1869, respectively, to Timothy Mahon).
9. By Chapter 83, Statutes of 1923, the State of California granted in trust to the City
of San Rafael all tide and submerged land, whether filled or unfilled, within the boundaries of
San Rafael as those boundaries then existed. That statutory grant conveyed any and all remaining
sovereign title interests of the State of California in the Trust Termination Parcels, to be held by
the City in trust subject to the provisions of said statute and the common law public trust. The
City has held title to such lands pursuant to Chapter 83, Statutes of 1923, as amended, and
pursuant to the common law public trust since that time.
10. After substantial title research, the State and the City contend that (without
agreement by the Private Parties as to the contentions or the facts stated as underlying them):
A. The Trust Termination Parcels are located within the perimeter descriptions of
Swamp and Overflowed Survey Nos. 1 and 28; and
B. Any portions of the Trust Termination Parcels included within the perimeter
descriptions of Swamp and Overflowed Survey Nos. 1 and 28 which were, prior to
onsite and nearby diking, leveeing, and filling, below the ordinary high water mark
are subject to a sovereign public trust easement held by the State and City in those
portions, despite their inclusion within the perimeter description of a swamp and
overflowed lands sale; and
C. The public trust title interests of the State and City in the Trust Termination
Parcels has not been terminated by possession or use of those properties by the
Private Parties, nor by the reclamation of the Trust Termination Parcels above the
ordinary tides.
11. For several reasons, the Private Parties contend that no State or City interests exist
in the Trust Termination Parcels. Among these reasons are the following (without State or City
concurrence as to the reasons or the assertions on which they are based):
A. The State, pursuant to the Arkansas Swamp and Overflowed Lands Act of
1850 and State statutory authority, identified and sold the Trust Termination
Parcels by Swamp and Overflowed Survey Nos. 1 and 28 for Marin County.
B. The Private Parties or their predecessors in interest have reclaimed the Trust
Termination Parcels as required by law, and have maintained continuous possession
and enjoyment of the Trust Termination Parcels since they were sold into private
ownership; and
C. Any sovereign title interest of the State or City in the Trust Termination
Parcels has been terminated by law because of the sale, reclamation, and long term
private use of the Trust Termination Parcels, all according to law.
12. The Trust Termination Parcels have been filled and reclaimed and removed from
the public channels, and are no longer available or useful or reasonably susceptible of use or
required for public trust purposes.
13. A resolution of the Parties' rights, titles, and interests in the Trust Termination
Parcels would require protracted, expensive, and vigorously disputed litigation of uncertain
result if the controversy could not be resolved by settlement.
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14. It is in the best interests of the Parties to resolve their dispute by compromise
settlement and to avoid the anticipated substantial costs, time requirements, and uncertainties of
litigation.
15. In the interest of settlement, the State and City have conducted a study and
evaluation of the title evidence and the principles of law and the merits of the legal positions of
the parties to the Agreement.
16. The Trust Termination Parcels have over the years been subject to substantial
artificial influences including, but not limited to, filling, and other improvements.
17. The consequent uncertainties as to the true location, character, and boundaries of the
tide and submerged lands within or adjacent to the Trust Termination Parcels and the existence
of public trust interests are now impeding development for either private or public use.
18. The public interest requires that the outstanding title problems be resolved and
forever laid to rest either through lengthy, complex, and burdensome litigation, or through
agreement among the Parties.
19. The California Legislature has enacted Chapter 1742 of the Statutes of 1971 to
provide for the settlement of title and boundary problems in the City of San Rafael and to provide
for the exchange of certain lands or interests in lands which are currently located above the line
of mean high tide and which are no longer necessary or useful for commerce, navigation, and
fisheries.
20. In Section 2 of said Chapter 1742, the Legislature found and declared that portions
of the lands within San Rafael Creek and Canal, as defined in that Chapter, have been improved
in connection with the development of San Rafael Creek and Canal, and in the process of such
development have been filled and -reclaimed, and are no longer necessary or useful for
commerce, navigation, and fisheries.
21. Chapter 1742 further provides that when such lands have been filled, the City, upon
receipt of such consideration as is authorized in Chapter 1742, may by document, quitclaim, or
conveyance, convey, release, or quitclaim portions of such lands.
22. The State and City have determined that the consideration provided by this
Agreement to be received by the City and State acting in their trust capacities is equal to or
exceeds the value of any and all sovereign interests in the Trust Termination Parcels.
23. The State and City have determined that the potential sovereign interest, if any, in
the Trust Termination Parcels, constitutes a relatively small parcel when considered in
connection with the reach and width of the entirety of the San Rafael Canal and the San Pablo
Bay to which it is tributary.
24. In order to avoid litigation of uncertain result, the Parties have, after extensive
negotiation, decided that it is in the best interest of all concerned to resolve this dispute by this
Agreement, in which:
A. The City, acting as trustee pursuant to Chapter 83, Statutes of 1923, as
amended, shall quitclaim to each of the Private Parties any and all sovereign
interests in the Trust Termination Parcels the City may hold by virtue of that statute,
as amended, according to the record interest of each of the Private Parties in the
Trust Termination Parcels;
B. The State shall quitclaim to each of the Private Parties any and all of the State's
interests by virtue of its sovereignty in the Trust Termination Parcels reserved to the
State by Chapter 83, Statutes of 1923, as amended, according to the record interest
of each of the Private Parties in the Trust Termination Parcels;
C. Upon recording of this Agreement, the public trust for commerce, navigation,
and fisheries, and the trusts imposed by Chapter 83, Statutes of 1923, shall be
terminated in the Trust Termination Parcels; and
D. The Private Parties shall contribute the sum of $75,000 to a fund administered
by the City of San Rafael for the acquisition of land in or along the present San
Rafael Canal, which property shall become subject to the common law public trust
and to Chapter 83, Statutes of 1923, as amended.
25. This Agreement will terminate the public trust in the Trust Termination Parcels so
as to assist in their development for private purposes, and will provide the City with funds to
purchase real property for the purposes enumerated in Chapter 83, Statutes of 1923, as amended,
and the common law public trust for commerce, navigation and fisheries.
AGREEMENT
In consideration of the foregoing recitals and the mutual agreements contained herein, the
parties do agree as follows:
1. Citv's Ouitclaim of Trust Termination Parcel One.
The City, acting as trustee pursuant to the terms of Chapter 83, Statutes of 1923, as
amended, hereby remises, releases, and quitclaims to La Terra, a partnership, Trust Termination
Parcel One described in Exhibit B.
2. State's Ouitclaim of Trust Termination Parcel One.
The State hereby remises, releases, and quitclaims to La Terra, a partnership, any and all
of the State's rights held by virtue of its sovereignty, or reserved to the State by Chapter 83,
Statutes of 1923, as amended, in Trust Termination Parcel One described in Exhibit B.
3. Citv's Ouitclaim of Trust Termination Parcel Two.
The City, acting as trustee pursuant to the terms of Chapter 83, Statutes of 1923, as amended,
hereby remises, releases, and quitclaims to Shamrock Materials Inc., a Corporation, Trust Termination
Parcel Two described in Exhibit C.
4. State's Ouitclaim of Trust Termination Parcel Two.
The State hereby remises, releases, and quitclaims to Shamrock Materials Inc., a Corporation,
any and all of the State's rights held by virtue of its sovereignty, or reserved to the State by Chapter 83,
Statutes of 1923, as amended, in Trust Termination Parcel Two described in Exhibit C.
5. Citv's Ouitclaim of Trust Termination Parcel Three.
The City, acting as trustee pursuant to the terms of Chapter 83, Statutes of 1923, as amended,
hereby remises, releases, and quitclaims to La Terra Trifoglio, LLC, Trust Termination Parcel Three
described in Exhibit D.
6. State's Ouitclaim of Trust Termination Parcel Three.
The State hereby remises, releases, and quitclaims to La Terra Trifoglio, LLC, any and all of the
State's rights held by virtue of its sovereignty, or reserved to the State by Chapter 83, Statutes of 1923, as
amended, in Trust Termination Parcel Three described in Exhibit D.
7. Citv's Ouitclaim of Trust Termination Parcel Four.
The City, acting as trustee pursuant to the terms of Chapter 83, Statutes of 1923, as amended,
hereby remises, releases, and quitclaims to La Terra Trifoglio, LLC, Trust Termination Parcel Four
described in Exhibit E.
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8. State's Ouitclaim of Trust Termination Parcel Four.
The State hereby remises, releases, and quitclaims to La Terra Trifoglio, LLC, any and all of the
State's rights held by virtue of its sovereignty, or reserved to the State by Chapter 83, Statutes of 1923. as
amended, in Trust Termination Parcel Four described in Exhibit E.
9. Private Parties' Contribution of $75.000 to Fund Administered by City.
The Private Parties will contribute $75,000 to the fund administered by the City of San Rafael, as
established by the California Legislature pursuant to Chapter 1742 of the Statutes of 1971, as
compensation for the City and State's interest within the Trust Termination Parcels. The City shall use
the $75,000 for the purposes of, and to spend according to, the procedures set forth in Paragraph 25 of
this Agreement.
10. State Lands Commission Findines.
The State Lands Commission, by its approval and authorization of the execution of this
Agreement, and upon its recordation:
A. Finds and declares that, pursuant to and in accordance with Section 2 of Chapter 1742 of
the Statutes of 1971, that the Trust Termination Parcels have been improved in connection with
the development of San Rafael Creek and its tributaries, and in the process of such development
have been filled and reclaimed, are no longer below the present line of mean high tide, and are no
longer necessary or useful for commerce, navigation, and fisheries, or for such uses or trusts as
are or have been imposed by the the statutory grants of tide and submerged lands found in
Chapter 83, Statutes of 1923, as amended, and are hereby freed from such statutory and common
law trusts.
B. In accordance with Sections 5, 6, and 7 of Chapter 1742 of the Statutes of 1971, approves
this Agreement and the conveyances provided for herein and approves the conveyance to the
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Private Parties of all of the sovereign right, title, and interest of the State and City in the Trust
Termination Parcels.
C. In accordance with Sections 5, 6, and 7 of Chapter 1742, Statutes of 1971, approves the
conveyance by the City in its trust capacity to the Private Parties of all right, title, and interest of
the City held by virtue of Chapter 83, Statutes of 1923, as amended, in the Trust Termination
Parcels.
D. Further finds and declares that the consideration to be placed in an account and to be held
in trust by City for the purchase of land pursuant to this Agreement and the real property interests
acquired hereunder have a value equivalent to or exceeding the value of the interests of the State
and City being conveyed to the Private Parties in the Trust Termination Parcels, and approves the
adequacy of the consideration as determined by the City and State with respect to the settlement
provided for herein, in accordance with Sections 5, 6 and 7 of Chapter 1742 of the Statutes of
1971.
E. Finds and declares that the provisions of Section 8.5, Chapter 1742, Statutes of 1971,
shall not apply to the Trust Termination Parcels. The reason for this is that the application of
Section 8.5 would prevent the settlement of this title dispute which settlement is in the public
interest.
11. No Chanize in Ownership.
The conveyances provided for in this Agreement are solely for the purposes of perfecting title to
real property and do not represent a change of ownership as that term is defined in section 62(b) of the
California Revenue and Taxation Code or any other applicable law. Additionally, no transfer tax shall be
charged, assessed, levied or collected from the private party as a result of the implementation of this
Agreement.
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12. Prohibition on Sale or Encumbrances.
Upon execution of this Agreement, neither the City, State nor the Private Parties shall sell,
transfer, assign, mortgage, pledge or hypothecate, whether by operation of law or otherwise, any of their
respective rights, title, or interests in or to the Trust Termination Parcels, until this Agreement has been
recorded or is void by the terms of the Agreement.
13. Escrow and Recordation.
An escrow shall be opened in the offices of Pacific Coast Title Company of Marin ("the Title
Company"). The parties agree to deposit the following documents in the escrow account:
A. Deposits by Parties:
(1) STATE shall deposit the following documents:
(a) A letter with the seal of the State Lands Commission embossed upon it stating
that the State Lands Commission approved this Agreement at its May 12, 1997,
meeting and that the Commission authorized its execution on the Commission's
behalf,
(b) This Agreement, duly and properly executed by it.
(2) CITY shall deposit the following documents:
(a) A certified copy of a resolution of its City Council approving this Agreement and
authorizing its execution on City's behalf; and
(b) This Agreement, duly and properly executed by it.
(3) Private Parties shall deposit the following documents:
(a) This Agreement, duly and properly executed by each of them;
(b) A cashier's or certified check in the amount of $75,000.00 and payable to "the
City of San Rafael as trustee pursuant to Chapter 1742 of the Statutes of 1971 ";
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(c) A resolution of the Board of Directors of each, or a written statement by its
general partner(s) approving this Agreement, and that it be executed on behalf of
each of the Private Parties; and
(d) Written approval as to the condition of title to the Trust
Termination Parcels as shown in a nro forma title commitment.
14. Judicial confirmation.
Within ten (10) days of the executions by all of the Private Parties of this Agreement, the Private
Parties shall give written notice to the Title Company and to State and City whether they intend to file an
action in the Superior Court of the County of Marin to secure a judicial determination of the validity of this
Agreement. If the Private Parties so elect, the Title Company shall not record this Agreement until (a) it has
been fully executed, and (b) judgment has been entered validating this Agreement. If the Private Parties fail
to give notice of election to seek judicial confirmation, the Title Company shall record this Agreement
pursuant to Paragraph 16. If the election is made, an action to confirm the validity of this Agreement shall
be brought by the Private Parties within 30 days of the execution by all of them of this Agreement.
Otherwise, the Agreement shall be recorded by the Title Company according to Paragraph 16 below, and
any of the Private Parties may subsequently, if it wishes, bring an action to confirm the validity of this
Agreement, provided that the Private Parties or their successors in interest bear all costs, including State
and City costs for attorneys, surveyors, and appraisers to assist in the preparation and presentation of such
action.
15. Anneal of Judgment.
Upon entry of any judgment confirming the validity of the settlement embodied in this Agreement
as provided in Paragraph 14, each party shall waive its right to appeal from the judgment. Any judgment
declaring the Agreement invalid may be appealed by any of the Parties.
16. Recordation.
Upon the receipt of all the documents listed in paragraph 13 of this Agreement and a certified copy
of a judgment approving this Agreement (if one was secured through a confirmation lawsuit), the Title
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Company, if it has not received a written objection by a party hereto to the closing of escrow, shall notify
the parties of its intention to close escrow and to record this Agreement and any related documents and shall
set a date certain for such recordation and closing. At 8:00 a.m., or as early as possible on the date chosen
for the close of escrow, the Title Company shall record this Agreement in the Office of the County Recorder
for the County of Marin, California. The Title Company shall then deliver the $75,000.00 check to the City
of San Rafael.
17. No admissions made.
This agreement is one of compromise. Accordingly, the parties agree that none of its provisions
constitutes, or shall be construed as, an admission concerning the boundaries, physical character, or character
of title to or interests in any waters or lands outside of the area of the Trust Termination Parcels. The parties
also agree that nothing contained in this Agreement shall be admissible in any litigation other than litigation
to enforce its provisions. If this Agreement does not become effective, nothing in it shall be an admission
concerning boundaries, physical character, or character of title to or interests in the Trust Termination
Parcels.
18. Countemart Originals.
This Agreement may be executed in any number of counterparts, and each of these executed
counterparts shall have the same force and effect as the original instrument and as if all of the parties to the
aggregate counterparts had signed the same instrument, upon execution by all parties.
19. Acknowledgments.
In the execution of this Agreement, each party shall furnish such acknowledgments and certifications
as may be necessary to duly and properly record this Agreement and the State and City quitclaims in the
Office of the Recorder of the County of Marin, California.
20. Additional Documentation.
The parties shall execute, acknowledge, and deliver such additional documents and instruments as
may be necessary to carry out this Agreement.
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21. Headinas.
The title headings of the sections of this Agreement are inserted for convenience only and shall not
be deemed to be part of this Agreement or considered in construing this Agreement.
22. Acceptance of Convevances and Consent to Recording.
By their execution of this Agreement, the parties each authorize acceptance of and accept the
conveyances of each other party. Further, the parties consent to the recordation of this Agreement and the
conveyances in it by their execution below.
23. California Law.
This Agreement is to be deemed entered into in the State of California and shall be construed and
interpreted in accordance with the laws of the State of California.
24. Allocation of Costs and Exnenses.
The Private Parties shall bear any expenses and fees associated with the escrow and the recordation
of this Agreement. All other fees, costs, and expenses for any attorney, engineer, or other person employed
or retained by a party in connection with this Agreement shall be borne by that party.
25. Use of Funds by City.
City and State have established an account for depositing the $75,000.00 generated by this
Agreement. The City and State hereby agree that the funds deposited in the account established by them
shall be held in trust subject to all provisions of Chapter 1742 of the Statutes of 1971, as amended, as well
as the common law public trust, and shall be used only for the purchase of lands which are in their present
condition useful or susceptible to use for public trust purposes.
26. Purchase of Parcels by City.
The City and the State further agree that any lands purchased with the funds deposited in the account
established by them shall take on the legal character of tide and submerged lands held in trust subject to the
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provisions of Chapter 83 of the .Statutes of 1923, as amended, as well as the common law trust for
commerce, navigation, and fisheries.
27. Advice of Counsel.
In entering into this Agreement, the parties represent that they have relied upon the legal advice of
their attorneys who are the attorneys of their choice. The parties further represent that the terms of this
Agreement have been completely read by and explained to them by their attorneys, and that they fully
understand and voluntarily accept those terms.
28. Construction.
Each party and counsel for each party has reviewed and revised this Agreement, and accordingly,
the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party
shall not be employed in the interpretation of this Agreement.
29. No Effect Uioon Other Government Jurisdiction.
This Agreement has no effect whatsoever on the regulatory, environmental, or other jurisdiction of
any federal, state, local, or other government entity.
30. Entire Agreement.
This Agreement contains the entire agreement between the parties with regard to the matters set
forth. This Agreement may be amended or modified only by an Agreement in writing executed in the same
manner as this Agreement, with the exception of an Agreement to extend the date by which it is to be fully
executed and recorded, which shall be written.
31. Releases.
The parties and each of them release and forever discharge each other, and the past and present
officers, commission members, directors, employees (as the case may be) of each other from any and all
claims, demands, obligations, and causes of action of whatever nature, whether known or unknown, which
arise out of or in any way relate to the matters resolved in this Agreement. In this connection, the parties
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expressly waive any right they may have under the provisions of California Civil Code section 1542, which
reads as follows:
"A general release does not extend to claims which the creditor does not know or suspect to
exist in his favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor."
32. Effective Date.
This Agreement shall become effective only upon execution by all parties and recordation of
this Agreement. To become effective, this Agreement must be recorded by March 2,1998, or within 30 days
from entry of any judgment approving the Agreement, whichever is later, unless the time for recordation is
extended in writing by the parties. If the Agreement is not timely recorded, it will have no force or effect,
and no party will have any rights, duties, claim, or obligations under it.
To witness this Agreement, the parties have executed this Agreement as of the day and year
set forth opposite each signature below:
DATED: , 1997 STATE LANDS COMMISSION
APPROVED AS TO FORM
DATED: , 1997
DANIEL E. LUNGREN
Attorney General of the
State of California
go
JOSEPH C. RUSCONI
Deputy Attorney General
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ROBERT C. HIGHT
Executive Officer
ATTEST:
ity Clerk
APPROVED AS TO FORM
DATED: ', 1997
i
City Attorney
THE CITY OF SAN RAFAEL
BY: &19
' 0— -
DATED: (9A . 9:�- , 1997 By
DATED: _ �.'Z , 1997 By
DATED: Op A. w , 1997 B}
tion
State of California
County of SONOMA
On, October 27, 1997 , before me, Carol S. Lehmann , a notary public,
personally appeared, Eugene B. Ceccotti
xxpersonally known to me - OR - proved to me on the basis of satisfactory
evidence to be the person(s) whose names(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand a d official seal.
CAROLS. LEHMANN � GL•Z '
Commission #1072217
= Notary Public —California _ SIGNATURE OF NOTARY
Marin County 1999
ty pRY Cam
m. Czpi es Sep 17
=====OPTIONAL============================
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
xx CORPORATE OFFICE
President & General Manager
TITLE(S)
_ PARTNER(S) _ LIMITED
GENERAL
_ ATTORNEY-IN-FACT
_ TRUSTEE(S)
_ GUARDIAN/CONSERVATOR
_ OP-ETL
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTRY(IES)
LA TERRA TRIFOGLIO, LLC
DESCRIPTION OF ATTACHED DOCUMENT
Agreement for the Settlement of
a Title Dispute etc.
Trn-E OR TYPE OF DOCUMENT
19
NUMBER OF PAGES
10-27-97
DATE OF DOCUMENT
N/A
SIGNER(S) OTHER THAN NAMED ABOVE
State of California
County of SONOMA
On, October 27, 1997 , before me, Carol S. Lehmann , a notary public,
personally appeared, Eugene B. ceccotti
xpersonally known to me - OR - proved to me on the basis of satisfactory
evidence to be the person(s) whose names(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
, - ' and official seal.
CAROLS. LEHMANN�'
Commission #1072217 Z
z ; •m Notary Public — Callfomia a -
SIGNATURE OF NOTARY
. ,. .
PJ►y ComMarin County m. E�pisss Sep 17.1999
__--___ __—_____________
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
xx INDIVIDUAL
CORPORATE OFFICE
Partner
TITLE(S)
xx PARTNER(S) _ LIMITED
_ GENERAL
_ ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OR -ER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Agreement for the Settlement of a
TITLE O �fYPE OF bb -b MENT
N/A
19
NUMBER OF PAGES
10-19-97
DATE OF DOCUMENT
LA TERRA PARTNERSHIP SIGNER(S) OTHER THAN NAMED ABOVE
State of California
County of SONOMA
October 27, 1997
On, , before me, Carol S. Lehmann , a notary public,
personally appeared, Eugene B. Ceccotti
xx personally known to me - OR - proved to me on the basis of satisfactory
evidence to be the person(s) whose names(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
CAROLS. LEHMANN
< Commission .1072217 Z
Notary Public — Californla ? SIGNATURE OF NOTARY
Marin County
My Comm. Ezplies Sep 17 '1999
- --OPTIONAL----------------------------
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
xx CORPORATE OFFICE
President & CEO
TITLE(S)
_ PARTNER(S) _ UMITED
GENERAL
_ ATTORNEY-IN-FACT
TRUSTEE(S)
_ GUARDIAN/CONSERVATOR
OTIC:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTrrY(IES)
Shamrock Materials Inc.
DESCRIPTION OF ATTACHED DOCUMENT
Agreement for the
Settlement of a Title Dispute :atc.
TITLE OR TYPE OF DOCUMENT
19
NUMBER OF PAGES
10-27-97
DATE OF DOCUMENT
N/A
SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL-PURPO..4 ACKNOWLEDGMENT
State of California
County of Marin
On Tues., Oct. 28, 1997
Date
personally appeared Albert J
before me, Nancy Eurman, Notary Public
Name and Title of Officer (e.g., 'Jane Doe, Notary Public's
Boro , Mayor
Name(s) of Signers)
t
t
t
l
l
A
Upersonally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the persons t
t
whose nameWis/a-subscribed to the within instrument t
and acknowledged to me that he/$bMhey executed the
same in his/h'edtW-authorized capacity(teo), and that by
f his/beftftiir signature*on the instrument the person(s�-
O4NANCY EURMAN D or the entityupon behalf of which the erson,� cted,
COMM. #1086576 p p ' "ter
IL 140T �Ll OnNIA 0 executed the instrument.
COLPM
My Comm. Expires Feb. 4, 2000
- WITNESS my hand and official seal.
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
Agree. for the Settlement of a Title Dispute Among La Terra
Title or Type of Document: Trifoglio; Shamrock Materials, Inc.; La Terra; Citv of SR and
Cal. State Lands Commission
Document Date: Oct. 27, 1997 Number of Pages: 22 P9s . plus
exhibits
Signer(s) Other Than Named Above: Eugene B. Ceccotti ; Robert C. Hight; and Joseph C.
Rusconi
Capacity(ies) Claimed by Signer(s)
Signer's Name: Albert J. Boro , Mayor
XX Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator ON", `-. 111111
-
❑ Other: Top of thumb here
Signer Is Representing:.
City of San Rafael 1
(Mayor) �#V 7"
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
,`: _
❑ Guardian or Conservator . ,
❑ Other: Top of thumb here
Signer Is Representing:
.. .. �.. L& alb -; "'�®1lD aP,P'f' � +�..��et7-
01994 National Notary Association • 8236 Remmet Ave., P.O. Box 7164 • Canoga Park, CA 91309.7164 Prod. No. 5907 Reorder. Call Toll -Free 1.800-876-682T
IN APPROVAL WHEREOF, I, PETE WILSON, Governor of the State of California, have set
my hand and caused the seal of the State of California to be hereunto affixed pursuant to section 6107 of
the Public Resources Code of the State of California. Given under my hand at the City of Sacramento,
this day of one thousand nine hundred and ninety-seven.
PETE WILSON, Governor
STATE OF CALIFORNIA
ATTEST:
Title:
BILL JONES
SECRETARY OF STATE
-19-
EL CREEK
RAF A
i�
9b
_ ATION PARCEL
ONE
F�
TERMINATION PARCEL
FOUR
TRUST TERMWATiON PARCEL
THREE
CalMornia State Lands Commission
EXMMITA
SETTLEMENT PLAT
W24199
Shamrock Materials, Inc.; La Terra, a partnership;
and La Terra Trifoglio, LLC
City of San Rafael, Marin County, California
kmo 8/26/97
N
I
EXHIBIT "B"
TRUST TERMINATION PARCEL 0,._
DESCRIPTION
All that certain real property situate in the City of San Rafael
County of Marin, State of California, described as follows:
BEGINNING at a point in the Westerly line of Irwin Street 29.34 feet Southerly thereon
from its intersections with the Southerly line of that certain tract of land 50 feet in
width, described first in Deed dated August 21, 1882 from William T. Coleman to San
Francisco and North Pacific Railroad Company, recorded September 7, 1892 in Book 24 of
Deeds, Page 22, Marin County Records; also 46.97 feet Southwesterly at right angles,
from the center line of the originally located main track of the San Francisco and
North Pacific Railroad Company (now Northwestern Pacific Railroad Company); thence
South 60 30' West along said Westerly line of Irwin Street, 401.39 feet to the
Northeasterly corner of the parcel conveyed by la Terra, Inc., a corporation, to the
City of San Rafael, by Deed recorded October 4, 1961 in Book 1503 of Official Records
at Page 111, thence along the Northerly line of said parcel Southwesterly on a curve to
the right whose radius is 20.0 feet through a central angle of 770 21' 250, a distance
of 27.0 feet, thence North 540 44' West 625.92 feet and thence on a curve to the right
whose radius is 473.0 feet and whose center bears North 350 16' East through a central
angle of 60 29' 4811, a distance of 53.63 feet to the Northwesterly line of the parcel
conveyed by Northwestern Pacific Railroad Company, a corporation to La Terra Inc., a
corporation, by Deed recorded May 17, 1956 in Book 1020 of Official Records at Page
146, thence along said Northeasterly line and the extension thereof, North 500 36' East
35.266 feet and thence on a curve to the right whose radius is 468.43 feet a distance
of 646.46 feet to the point of commencement.
EXCEPTING therefrom those portions described in the following Deeds:
(1) to Hugo T. Lenci, et ux, recorded November 2, 1961 in Book 1512 at Page 349;
(2) to Shamrock Materials, Inc., a corporation, recorded July 3, 1963 in Book 1702 at
Page 398;
(3) to Frank A. Bertolli, et ux, recorded June 25, 1971 in Book 2476 at Page 95.
TOGETHER with an easement for roadway purposes over a strip of land 7.0 feet wide lying
Southwesterly of and adjacent to the course of "South 540 44' East 108.825 feet" as set
forth in deed from La Terra, Inc. to Hugo T. Lenci, et ux, recorded November 2,1961 in
Book 1512 of Official Records at Page 349, Marin County Records.
END OF DESCRIPTION
APN. 13-032-01, 04, 05
EXHIBIT "C"
TRUST TERMINATION PARCEL TWC
DESCRIPTION
All that certain real property situate in the City of San Rafael
County of Marin, State of California, described as follows:
BEGINNING at a point in the Westerly line of Irwin Street, 29.34 feet Southerly thereon
from its intersection with the Southerly line of that certain tract of land fifty feet
in width, described first in deed dated August 21, 1882 from William T. Coleman to San
Francisco and North Pacific Railroad Company, recorded September 7, 1892 in Book 24 of
Deeds at Page 22, Marin County Records; also 46.97 feet Southwesterly at right angles
from the center line of originally located main tract of the San Francisco and North
Pacific Railroad Company (now Northwestern Pacific Railroad Company); thence South 6°
30' West along said Westerly line of Irwin Street, 144.282 feet; thence leaving said
line of Irwin Street North 54° 44' West 73.377 feet; thence South 350 16' West 125.00
feet; thence North 540 44' West 358.00 feet; thence South 350 16' West 50.00 feet;
thence North 540 44' West 50.00 feet; thence South 350 16' West 66.00 feet to a point
on the Northerly line of that certain parcel of land described in the deed to the City
of San Rafael, recorded October 4, 1961 in Book 1503 of Official Records at Page 111,
Marin County Records, (Lincoln Avenue Extension); thence along said Northerly line
North 540 44' West 40.327 feet; thence Northwesterly along the arc of a curve to the
right having a radius of 473.00 feet through a central angle of 60 29' 48" an arc
distance of 53.63 feet to a point in the Northerly line of lands conveyed by the deed
from Northwestern Pacific Railroad Company, a corporation, to La Terra, Inc., a
corporation, recorded March 17, 1956 in Book 1029 of Official Records at Page 146,
thence leaving said Northerly line of said avenue and running along said Northerly line
of said La Terra parcel North 500 36' East 35.266 feet, thence continuing Easterly
along the Northerly line of said La Terra, Inc., parcel and the Northerly line of the
lands conveyed by the Deed from E.M. Burke Lumber Co., a corporation, to George L.
Olson, et al, recorded July 27, 1954 in Book 874 of Official Records at Page 299, along
a curve to the right with a radius of 468.43 feet through a central angle of 790 04'
17" a distance of 646.46 feet to the point of beginning.
END OF DESCRIPTION
APN. 13-032-06
EXHIBIT "D"
TRUST TERMINATION PARCEL THREE
DESCRIPTION
All that certain real property situate in the City of San Rafael
County of Marin, State of California, described as follows:
COMMENCING at the Northeasterly corner of that certain tract of land described in the
Deed from the Northwestern Pacific Railroad Co., to Bourke, recorded in the office of
the County Recorder for the County of Marin, in Vol. 523 of Official Records at Page
297; thence South 60 30' West 258.35 feet along the Easterly line of the above
mentioned tract as said tract is described in said Deed to Bourke, to the true point of
beginning; thence continuing South 60 30' West 102.672 feet along the Easterly line of
the tract of land first above mentioned, being also the Westerly line of Irwin Street;
thence leaving said line, North 540 44' West 158.235 feet, North 350 16' East 90.00
feet and South 54' 44' East 108.825 feet to the true point of beginning.
TOGETHER WITH AN EASEMENT for roadway purposes over a strip of land 7 feet in width
lying Northeasterly of, adjacent to and parallel with that certain course set forth in
Parcel One herein as "South 54° 44' East 108.825 feet", the Easterly terminus of said
strip to terminate on the Westerly line of Irwin Street.
END OF DESCRIPTION
APN. 13-032-02
Date: August 22, 1997
File: 3.925.00
EXHIBIT E
TRUST TERMINATION PARCEL FOUR
DESCRIPTION
Beginning at the intersection of the westerly line of Irwin Street with the northerly
line of the parcel described in the deed to E.M. Burke recorded July 13, 1946, in
Book 523 Official Records, Page 297, Marin County, California;
thence along said northerly line, on a curve to the left, whose radius point bears
South 42°48'14" West 468.43 feet, through a central angle of 38°46'15", an arc
length of 316.98 feet to the most northerly corner of the parcel conveyed to La Terra,
Inc. by deed recorded May 17, 1956, in Book 1029 Official Records, Page 146,
Marin County Records;
thence leaving said northerly line of Burke, and along said northerly line of La Terra
Inc., on a curve to the left, whose radius point bears South 04°01'59" West 468.43
feet, through a central angle of 40' 18'00", an arc length of 329.48 feet;
thence South 52'14'54" West 35.27 feet to the northeasterly line of Lincoln Avenue;
thence leaving said northerly line of La Terra, Inc., and along said northeasterly line
of Lincoln Avenue on a curve to the right, whose radius point bears North 43'24'42"
East 473.00 feet, through a central angle of 00' 17'21 ", an arc length of 2.39 feet to
the southerly line of the parcel granted to the San Francisco and North Pacific
Railway Company and the North Pacific Coast Railroad Company September 24,
1891, in Book 18 of Deeds, Page 130, Marin County Records;
thence along said southerly line on a curve to the left, whose radius point bears North
40° 18'57" West 595.85 feet, through a central angle of 17°22'43", an arc length of
180.73 feet to the southwest corner of the parcel conveyed to Rice Supply, Inc. by
grant recorded July 1, 1952, in Book 750 Official Records, Page 378, Marin County
Records;
thence along the southerly line of said Rice Parcel, along a curve to the right, whose
radius point bears South 20054141" East 528.43 feet, through a central angle of
43'57'05", an arc length of 405.36 feet to the southeasterly corner of said Rice
Parcel;
F WATAMP60MDES 8-15-97 925
thence leaving said southerly line of Rice Supply, Inc. (750 Q-- and along a
southeasterly extension of the northeasterly line of said Rice property South
40' 18'06" East 174.47 feet to the westerly line of Irwin Street;
thence along said westerly line of Irwin Street, South 08°08'54" West 9.63 feet to the
Point of Beginning.
Containing 0.71 acres.
Bearings are based on California Coordinate Grid System Zone 3.
END OF DESCRIPTION
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