The URL can be used to link to this page

Home My WebLink AboutCC Resolution 9438 (Smith Ranch Homes Development Agr)RESOLUTION NO. 9438 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING ISSUANCE OF A CERTIFICATE OF COMPLIANCE PURSUANT TO GOVERNMENT CODE SECTION 65865.1 (SMITH RANCH HOMES DEVELOPMENT AGREEMENT) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY RESOLVE AS FOLLOWS: The Mayor and City Clerk are authorized to execute, on behalf of the City of San Rafael, a Certificate of Compliance to Tishman Speyer Mediq Marin Limited Partnership, a copy of which is 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 21st day of August, 1995, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini and NOES: COUNCILMEMBERS: None Mayor Boro ABSENT: COUNCILMEMBERS: None J E�M. LEON�INI, City Clerk ORIGINAI-io" RECORDING REQUESTED BY AND WHEN,RECORDED RETURN TO: City of San Rafael 1400 - 5th Avenue P.O. Box 60 San Rafael, California 94915-0060 WHEN RECORDED MAIL CERTIFIED COPIES TO: GREENE, RADOVSKY, MALONEY & SHARE One Market Plaza Spear Street Tower, Suite 4200 San Francisco, California 94105 Attention: Thomas M. Feldstein CERTIFICATE OF COMPLIANCE Issued by the City Council of the City of San Rafael (the "City"), a municipal corporation of the State of California, as of August 21, 1995. Recitals Tishman Speyer Mediq Marin Limited Partnership, a California Limited Partnership (the "Partnership"), 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. 41273/0802 06/20/95 TMF2Z6.P50 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 the Partnership 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. Findina. The actions, programs of public works construction, economic investments, policies and real property development activities undertaken by the Partnership and described by the Partnership to the City in a public hearing dated August 21, 1995, are hereby found to comply with the terms of the Development Agreement. Section 2. Determination. For the interval commencing with August 1, 1994, and ending August 21, 1995, the Partnership 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: �1/beWJ.Boro,Mayor ATTEST: Je M. Leoncini, Ci y Clerk AP VED S TO FO I. , `Gary T: Ragghianti, City Attorney TMF2Z6.P50 2 UALIFUNNIA ALL-PURPOSE ACKNOWLEDGMENT 1� v State of CALIFORNIA County of MARIN Na 5907 U1 'v 4 ,�;I , NOTARY PUBLIC On August 28. 1995 before me, JEANNE M. LEONCIN i DATE NAME. TITLE OF OFFICER - E.G.. *JANE DOE. NOTARY PUSUC- ALBERT J. BDRO personally appeared ` NAMEfS) OF SIGNERS) 1' ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ares subscribed to the within instrument and ac- a knowledged to me that he/she/they executed the same in his/her/their authorized i capacity(ies), and that by his/her/their t: signature(s) on the instrument the person(s), ' .tee u. t.EouclNl the entity P or e enupon behalf of which the 00 #95 � Z P1�cc person(s) acted, executed the instrument. I "IF IN COUNTY 1Ry Comm. EWkes JAN 12.1M WITNESS my hand and official seal. SIGNATURE OF NOTARY , 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 ®,�#Ae�UNICIPALITY O RATE OFFICER MAYOR TITIMS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING! NAME OF PERSON(S) OR ENTITY(IES) CITY OF SAN RAFAEL t. DESCRIPTION OF ATTACHED DOCUMENT CERTIFICATE OF COMPLIANCE RE SMITH. RANCH HOMES DEVELOPMENT AGREEMENT�u TITLE OR TYPE OF DOCUMENT �I 5 NUMBER OF PAGES August 21, 19.95 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION -a236 Remmet Ave.. P.O. Box 7184 -Canoga Paris, CA 91309-7164 EXHIBIT "A" The land referred to in this policy is situated in the State of -California, County of Marin, City of San Rafael and is described as follows: LOT 12, as shown in solid lines on that certain parcel map entitled, "Parcel Map of Lot Line Adjustment - Lots 5, 12 and Parcel C, Smith Ranch - Northerly Portion - 17 R.H. 39 - 21 P.M. 88, San Rafael, Marin County California," filed for record July 30, 1986 in Volume 23 of Parcel Maps, at Page 46, Marin County Records, the exterior boundary of which is described as follows: Beginning at the intersection of the courses "North 58° 55' 36" hest, 277.82 feet; and "South 859 22' S2" West, 572.07 feet" as shown' and delineated on the exterior boundary of Lhat certain map entitled, "Parcel Map of Lot Line Adjustment, [pts 5, 12 a Parcel C, Smith Ranch - Northerly Portion - 17 R.N. 39 - 21 P.M. 88", recorded July 30, 1986, in Book 23 of Parcel daps at Page 46, Marin County Records, and being the most northetly corner of Lot 12, as shown on said Parcel Map (23 PM 46); thence along the exterior boundag of said Got 12 (23 PM 46) the following courses and distances: South 58 55' 36" Fast 277.82 feet; thence South 48° 04' 36' East 719.93 feet; thence South 51b 28' 36" East, 313.14 feet; thence South 38a 31' 24" West, 71.33 feet; thence South 48a 25' 56" East, 27.39 feet; thence South 38° 31' 24" West, 71.48 feet; thence North 79° 17' 08" West, 226.66 feet; thence North 580 10' 58" West" west, 302.57 feet; , 334.77 feet; thence North 27° 36' 48 thence North 30° 41' 43" West, 203.81 feet; thence North -68a 51' 28" hest, 174.24 feet; thence South 65° 13' 05" West, 78.45 feet; thence South 20d 13' 05" :est 99.00 feet; thence South 65° 13' 05" West 140.00 feet; thence North 25d 09' 31" West, 56.57 feet; thence South 64a 50' 29" West, 56.57 feet; thence South 190 50' 29" West, 228.25 feet; thence South 35° 16' 35" Nest 232.70 feet; thence South 39° 20' 09" East, 317.07 feet; thence South 78° 10' 12" East 65.00 feet; thence South 11° 49' 48" hest, 206.81 feet; thence Westerly along a curve to the left whose center bears South 18° 034' 41" West, having a radius of 119.07 feet, through a central angle of 62 02' 55", an arc lenath of 128.95 feet; thence South 460 31' 4o "11 'nest, X6.89 feet; thence South 59P 52' 29" Wesc, 70.56 feet; thence Westerly along a tangent curve to the right, having a radius of 21.68 feet, through a central angle of, 54° 23' 56" an arc length of 20.58 feet; thence North 65 43'•35" West, 50.86 feet; thence westerly along a tangent curve to the left, having a radius of 87.02 feet, through a central angle of 53° 39' 3108, an arc length of 81.49 feet; thence South 60a 36' 54" West, 59.77 feet, thence westerly along a tangent curve to the right, having a radius of 52.70 feet, through a central angle of 780 00' 21", an arc length of 71.742 feet; thence North 41° 22' 45" West, 107.53 feet; thence westerly along a tangent curve to the left, having a radius of 274 feet, through a central angle of 57° 05' 15", an arc length of 273.00 feet; thence westerly along a reverse curve to the right whose center bears North 8° 28' 00" Viest, having a radius of 51.53 feet, through a central angle of 550 52' 35", an arc length of 50.25 feet; thence North 42° 35' 25" West, 255.54 feet, thence westerly along a tangent curve to the left, having a radius of 149.44 feet, through a central angle of 58° 02' 0114, an arc length of 151.37 feet; thence North 10° 37' 26" West, 132.20 feet; thence North 380 53' 12" West, 60.00 feet; thence North 12° 43' 25" West, 120.23 feet; thence North 170 17' 28" West,317.62 feet; thence North 730 58' 52" East 1088.08 feet and thence North 85° 22' 52" East, 572.07 feet to the point of beginning. All of the foregoing being the same real property designated as Got 12 as shown on that certain cerci fir -d survey (Job tlo. 124-87) , dated February 25, 1988, prepared 5y oberkampar and associates, Civil Engineers, Inc., San Rafael, California.