The URL can be used to link to this page

Home My WebLink AboutCC Resolution 8856 (Mairposa Road Assessment District Grant Deed)follows: RESOLUTION NO. 8 8 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF A PURCHASE AGREEMENT WITH KURT A. CALLIES FOR PURCHASE OF REAL PROPERTY FOR RIGHT OF WAY PURPOSES - MARIPOSA ROAD ASSESSMENT DISTRICT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as The Director of Public Works is hereby authorized to execute, on behalf of the City of San Rafael, a purchase agreement for purchase of real property for right of way purposes with KURT A. CALLIES, a copy of which is hereby attached and by this reference made a part hereof. 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 Monday, the 5th day of April, 1993, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEM 3ERS: None ABSENT: COUNCH MEM 3ERS: Breiner u- JEA)dffE M. LEONCI , City Clerk ORIGINAI �vx� D Grantor: Kurt A. Callies D D �a , Project: Mariposa Road Assessment District LrJ ATN: 13-061-08 CITY OF SAN RAFAEL PURCHASE AGREEMENT In consideration of the terms and conditions set forth in this PURCHASE AGREEMENT (the "Agreement") GRANTOR shall deposit in an escrow designated by the City of San Rafael (the "City"), a grant deed (the "Grant Deed") suitable for recordation and conveying from GRANTOR to CITY, fee simple title to the real property described in Exhibit A incorporated herein by this reference. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: I . The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for the Grant Deed and shall relieve the CITY of all further obligations or claims on this account or on account of the location, grade, construction or operation of the proposed public improvement. 2. The CITY shall: A. Pay all escrow, recording and title insurance charges, if any, incurred in this transaction. aG B. Pay the sum of $9-,SGG-.W for the property described in Exhibit A to the following title company: Pacific Coast Title Company of Marin for the account of the GRANTOR, Escrow No. 95664 -RV, conditioned upon the property vesting in the CITY free and clear of all liens, leases, encumbrances, easements (recorded and/or unrecorded), assessments and taxes except: (1) Typewritten exceptions which are acceptable to CITY as listed in the title report relating to the subject property issued by the above identified Title Company bearing the escrow number shown in paragraph 2B and dated October 26, 1992 and updates thereof. (2) The purchase price set forth in Paragraph 2B, herein includes payment in full for the following improvements: (a) Two fir trees. C. Have the authority to deduct and pay from the amount shown in Clause 2B above any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid nondelinquent assessments, which may have become a lien at the close of escrow. Current taxes, if unpaid, shall be prorated as of the close of escrow and paid from the amount shown in paragraph 2B above. Page 1 AW 3 s O '- ; �� 0,�� es /-4- COPY 3 . The escrow agent may expend any or all monies payable under this Agreement to discharge any obligations which are liens upon the property, including debts secured by deeds of trust or mortgages, if any, and all other amounts due and payable in accordance with the terms and conditions of said trust deed(s) or mortgage(s). Said mortgagee(s) or beneficiary(s) to furnish GRANTOR with good sufficient receipt showing said moneys credited against the indebtedness secured by said mortgage(s) or deed(s) of trust. 4. CITY, at its sole cost and expense, will conform the existing driveway to the new Mariposa Road boundary. Permission is hereby granted by GRANTOR to the CITY or its authorized agent to enter upon GRANTOR'S property, where necessary to perform the construction contract work described in Paragraph 4 herein. I (we) understand and agree that after completion of the construction contract work described herein, said improvements shall be considered as my/our sole property and I/we will be responsible for its/their maintenance and repair. GRANTOR understands that this Agreement is subject to the approval of the City Council of the City of San Rafael. Further, that this Agreement shall have no force or effect unless and until said Council approval has been obtained. GRANTOR hereby authorizes CITY to prepare and file escrow instructions in accordance with this Agreement on behalf of both parties. 7. GRANTOR warrants that there are no oral or written leases on all or any portion of the property exceeding a period of one month and GRANTOR further agrees to hold CITY harmless and reimburse the CITY for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of GRANTOR for a period exceeding one month. GRANTOR represents and warrants that during the period of GRANTOR'S ownership of the property, there have been no disposals, releases or threatened releases, hazardous substances or wastes on, from, or under the property. GRANTOR further represents and warrants that GRANTOR has no knowledge of wastes, on, from or under the property which may have occurred prior to GRANTOR taking title to the property. (As used above, the term, "GRANTOR" shall include the plural as well as the singular number). IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. GRANTOR: (Pleasesignand print name) ex- C el 1� Date: CIT OF SAN RAF L: By: Date: Title: OBLIGATICW OTHER THAN SET FORTH HEREIN WILL BE RECOGNIZED Page 2 s I A,: N R A F A E L 50,00' C R E E K , PARCEL 5 �gT A Ar u 1p0' -P O Ip O oor .Q c� 9; 100 . 7 0 io8 s' CFebruary 1993 FlLE No• 777502 IR w S�alei 1'=40' CSW/STUBER—STROEH WM �� r [St]2 ENGINEERING GROUP, INC. RIGHT-OF-WAY CONSULTING ENGINEERS DIAGRAM 790 DeLong Ave., Novato, CA. 94945 SAN RAFAEL MARIN COUNTY CALIFORNIA SHEET 1 OF I SHEETS W I ` O I O 1p0' -P O Ip O oor .Q c� 9; 100 . 7 0 io8 s' CFebruary 1993 FlLE No• 777502 IR w S�alei 1'=40' CSW/STUBER—STROEH WM �� r [St]2 ENGINEERING GROUP, INC. RIGHT-OF-WAY CONSULTING ENGINEERS DIAGRAM 790 DeLong Ave., Novato, CA. 94945 SAN RAFAEL MARIN COUNTY CALIFORNIA SHEET 1 OF I SHEETS