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Home My WebLink AboutCC Resolution 9910 (Smith Ranch Homes Compliance Cert)RESOLUTION NO. 9910 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING ISSUANCE OF TWO CERTIFICATES OF COMPLIANCE PURSUANT TO GOVERNMENT CODE SECTION 65865.1 UNDER DEVELOPMENT AGREEMENT (Smith Ranch Homes Retirement Project) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY RESOLVE AS FOLLOWS: Vice- The,/Mayor and City Clerk are authorized to execute, on behalf of the City of San Rafael, a Certificate of Compliance to Westport Development Company and Guardian Postacute Services, Inc., copies of which are attached hereto and by this reference made a part hereof. 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 of said City held on the 2"d 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 JMNNE M. LEON �,City'Clerk RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Rafael 1400 - 5th Avenue , Room 209 P.O. Box 151560 San Rafael, CA 94915- 1560 WHEN RECORDED MAIL CERTIFIED COPIES TO: GREENE RADOVSKY MALONEY & SHARE LLP Four Embarcadero Center, Suite 4000 San Francisco, CA 94111-4106 Attention: Thomas M. Feldstein CERTIFICATE OF COMPLIANCE MARIN COUNTY RECORDER SEP 0 9 7997 THIS STAMP DAOY 97-049892 Issued by the City Council of the City of San Rafael (the "City"), a municipal corporation of the State of California, as of September 2, 1997. RECITALS: Westport Development Company, a California corporation ("Westport"), is the owner of certain real property (the 'Property"), located within the City of San Rafael, County of Marin, State of California, and further described in Exhibit "A," attached hereto and incorporated herein by this reference. The Property is subject to the terms of a certain Development Agreement (the "Development Agreement") originally entered into by and among the City, Medical Retirement Communities, Inc., a California corporation, Sagra, Inc., a California corporation, an affiliate of Medical Retirement Communities, Inc., and Marin Housing Development Corporation, a California public benefit corporation, dated as of June 3, 1985, and recorded September 10, 1985, as Instrument No. 85039085, Official Records of Marin County, California, and amended on September 18, 1989, October" 16, 1989, January 4, 1993 and December 6, 1993. 7/0801 08/0 08/07/97 TMF/115393 C 0 California Government Code Section 65865.1 requires annual review by the City of compliance with the Development Agreement in accordance with the procedures established by the City. The City has received substantial factual evidence of good faith compliance by Westport with the terms of the Development Agreement, in accordance with the procedures established by the City. NOW, THEREFORE, the City Council of the City of San Rafael does hereby find and determine as follows: Section 1. FindinV. The actions, programs of public works construction, economic investments, policies and real property development activities undertaken by Westport and described by Westport to the City in a public hearing dated September 2, 1997, are hereby found to comply with the terms of the Development Agreement. 43867/0801 08/07/97 TMF/115393 2 Section 2. Determination. For the interval commencing with August 19, 1996, and ending September 2, 1997, Westport has complied with the terms of the Development Agreement. IN WITNESS WHEREOF, the City Council of the City of San Rafael has caused this Certificate of Compliance to be duly executed and acknowledged. CITY OF SAN RAFAEL, a municipal corporation : B A� Y Barbara Heller, Vice -Mayor ATTEST: anne M. Leoncini, City Clerk Gary T. 43867/0801 08/07/97 TMF/115393 City Att/mey 3 State of California ) ) County of P1arin ) On Tues., Sept. 9 , 1997, before me, Nancy Eurman, Notary Public a Notary Public for the State of California, personally appeared Barbara Heller -- , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person* whose named is/ar- subscribed to the within instrument, and acknowledged to me that lie/she/they executed the same in his/her/fir authorized capacity(ie.0 and that by Vis./her/their signature(} on the instrument the personw, or the entity on behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal „ A A A A n A r NANCYEURMAN D 0 COMM. 01086576 NOTARY PCU N IFORNIA O COUNTY (SignaAure) ! - Comm. Expires Feb. 4,2M ` V V V V 43867/0801 08/07/97 TMF/115393 4 EXHIBIT "A" DESCRIPTION All that certain real property, situate in the City of San Rafael, County of Marin, State of California, and is described as follows: PARCEL ONE: Lots 6 and 7, as shown upon that certain Map entitled "Map of Smith Ranch Homes, a Condominium, Being a Resubdivision of Lots 5 & 12 Smith Ranch Northerly Portion, 17 R.M. 39, 21 P.M. 88, 23 P.M. 46, San Rafael, California", filed for record January 5, 1989 in Volume 20 of Maps, at Page 58, Marin County Records. PARCEL TWO: Parcels E, F/G and J, as shown upon that certain Map entitled "Map of Smith Ranch Homes, a Condominium, Being a Resubdivision of Lots 5 & 12 Smith Ranch Northerly Portion, 17 R.M. 39, 21 P.M. 88, 23 P.M. 46, San Rafael, California", filed for record January 5, 1989 in Volume 20 of Maps, at Page 58, Marin County Records. APN: 155-370-02 155-370-04 155-370-10 155-370-07 155-370-03 155-370-08 43867/0801 09/02/97 TMF/118214 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Rafael 1400 - 5th Avenue, Room 209 P. 0. Box 151560 San Rafael, CA 94915-1560 WHEN RECORDED MAIL CERTIFIED COPIES TO: BIANCHI, ENGEL, KEEGIN & TALKINGTON, LLP 1000 Fourth Street, Suite 600 San Rafael, CA 94901 San Francisco, CA 94105 Attention: Stafford W. Keegin CERTIFICATE OF COMPLIANCE MARIN COUNTY RECORDER SEP 0 9 1997 REDNANCORG DAOLY 97_049893 Issued by the City Council of the City of San Rafael (the "City"), a municipal corporation of the State of California, as of September 2, 1997. Recitals Guardian Postacute Services, Inc., a Delaware corporation ("Guardian"), is the owner of certain real property (the "Property"), located within the City of San Rafael, County of Marin, State of California, and further described in Exhibit "A," attached hereto and incorporated herein by this reference. The Property is subject to the terms of a certain Development Agreement (the "Development Agreement") originally entered into by and among the City, Medical Retirement Communities, Inc., a California corporation, Sagra, Inc., a California corporation, an affiliate of Medical Retirement Communities, Inc., and Marin Housing Development Corporation, a California public benefit corporation, dated as of June 3, 1985, and recorded September 10, 1985, as Instrument No. 85039085, Official Records of Marin County, California, and amended from time to time thereafter. California Government Code Section 65865.1 requires annual review by the City of compliance with the Development Agreement in accordance with the procedures established by the City. The City has received substantial factual evidence of good faith compliance by Guardian with the terms of the Development Agreement, in accordance with the procedure established by the City. NOW, THEREFORE, TIE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY FIND AND DETERMINE AS FOLLOWS: Section 1. Findina. The actions, programs of public works construction, economic investments, policies and real property development activities undertaken by Guardian and described by Guardian to the City in a public hearing dated September 2, 1997, are hereby found to comply with the terms of the Development Agreement. Section 2. Determination. For the period ending September 2, 1997, Guardian has complied with the terms of the Development Agreement. IN WITNESS WHEREOF, the City Council of the City of San Rafael has caused this Certificate of Compliance to be duly executed and acknowledged. CITY OF SAN RAFAEL, a municipal corporation By: HZz� Barbara Heller, Vice. --Mayor ATTEST: E' Je �e M. Leo�ini, y Clerk APPROVED AS TO RM: r Gary T. Rag axti, Citi Attorney 2 CALIFORNIA ALL -PORP( : ACKNOWLEDGMENT r.riir�f�s��f. �r�GCC�.«rrrrr�rrri,G�rrrifrru�rr�ir�+4. State of Cal ifornia County of Marin On Tuesday, Sept. 9, 1997 beforeme, Nancy Eurman, Notary Public Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public') personally appeared Barbara Heller 0 WITNESS my hand and official seal. �'�Ignature 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 Title or Type of Document: Certificate of Compliance (Guardian Postacute Services, Inc. Document Date: Sept. 2, 1997 Number of Pages: Four Gar TRa (excluding acknowledgment Signer(s) Other Than Named Above: Y. gghi anti and Jeanne M. Leonci ni Capacity(les) Claimed by Signer(s) Signer's Name: Barbara Heller M Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: City of San Rafael (Vice -Mayor) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator - e - `° -_ ❑ Other: Top of thumb here Signer Is Representing: r�►�.rrri.r.r..rr<.+��+../r��ea�!�►w.re�.�e■+�� i.r�+�r�+�•r.��+�ri+r+ +I�.�.��i�.'G7C'1'_-'�tf}► 0 1994 National Notary Association • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Park, CA 91309-71114 Prod. No. 5907 Reorder. Call Toll -Free 1-8013.876-6827 Name(s) d 5igner(s) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person whose name4isAWsubscribed to the within instrument and acknowledged to me that Wahe/tbay.-executed the - - ^ ^ - ^ ^ - same inNs/herADsirauthorized capacity(*, and that by r NANCY EURMAN D $i0iefteirsignaturejr}on the instrument the person(e):�- 0 COMM. #1086576 T a NOTARY PUBLIC -CALIFORNIA 0 or the entity upon behalf of which the person -acted, MARIN COUNTY Q executed the instrument. J v v My Comm. E.xplres Febb. 4.2600 — — — — WITNESS my hand and official seal. �'�Ignature 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 Title or Type of Document: Certificate of Compliance (Guardian Postacute Services, Inc. Document Date: Sept. 2, 1997 Number of Pages: Four Gar TRa (excluding acknowledgment Signer(s) Other Than Named Above: Y. gghi anti and Jeanne M. Leonci ni Capacity(les) Claimed by Signer(s) Signer's Name: Barbara Heller M Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: City of San Rafael (Vice -Mayor) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator - e - `° -_ ❑ Other: Top of thumb here Signer Is Representing: r�►�.rrri.r.r..rr<.+��+../r��ea�!�►w.re�.�e■+�� i.r�+�r�+�•r.��+�ri+r+ +I�.�.��i�.'G7C'1'_-'�tf}► 0 1994 National Notary Association • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Park, CA 91309-71114 Prod. No. 5907 Reorder. Call Toll -Free 1-8013.876-6827 Order No. 212268 -DM ` DESCRIPTION All that certain real property situate in the City of San Rafael, County of Marin, State of California, and is described as follows: PARCEL ONE: Lot 8, as shown upon that certain M a Condominium, Being a Resubdivision Portion, 17 R.M. 39, 21 P.M. 88, 23 filed for record January 5, 1989 in County Records. PARCEL TWO: ap entitled "Map of Smith Ranch Homes, of Lots 5 & 12 Smith Ranch Northerly P.M. 46, San Rafael, California", Volume 20 of Maps, at Page 58, Marin Parcel H, as shown upon that certain Map entitled "Map of Smith Ranch Homes, a Condominium, Being a Resubdivision of Lots 5 & 12 Smith Ranch Northerly Portion, 17 R.M. 39, 21 P.M. 88, 23 P.M. 46, San Rafael, California", filed for record January 5, 1989 in Volume 20 of Maps, at Page 58, Marin County Records. PARCEL THREE: A non-exclusive easement for parking and utility purposes more particularly described as follows: A portion of parcel B and a portion of Lot 7, as shown upon that certain Map entitled "Map of Smith Ranch Homes, a Condominium, Being a Resubdivision of Lots 5 & 12 Smith Ranch Northerly Portion, 17 R.M. 39, 21 P.M. 88, 23 P.M. 46, San Rafael, California", filed for record January 5, 1989 in Volume 20 of Maps, at Page 58, Marin County Records, more particularly described as follows: Beginning at the Southeast corner of said Parcel E; thence along the Southerly boundary of said Parcel E the following courses and distances: North 880 15' 00" West 208.64 feet and thence North 660 45' 00" West, 127.69 feet; thence leaving said Southerly boundary, North 570 48' 43" East, 15.79 feet; thence South 660 45' 00" East, 4.00 feet; thence North 63° 42' 43" East, 23.00 feet; thence South 71° 53' 00" East, 156.00 feet; thence North 561 23' 00" East,- 110.50 feet,to the Easterly boundary of said Parcel E; thence along said Easterly boundary, Southeasterly along a curve to the right, whose center bears South 43° 00' 48" West, having a radius of 160 feet, through a central angle of 350 59' 12", an arc length of 100.49 feet to the point of beginning. EXHIBIT A