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HomeMy WebLinkAboutCC Resolution 8209 (Canalways Property)RESOLUTION NO. 8p&9 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEat,NT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The �,LAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with the County of Marin to purchase "Canalways" property as Tax Defaulted Property, a copy of which is hereby attached and by this reference made apart hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro- duced and adopted at a regular meeting of the City Council of said City held on Monday the 6th day of August , 19 90 , by the following vote, to wit: AYES: COUNCILMEMBERS : Boro, Brei ner, Shippey, Thayer & Mayor Mul ryan NOES: COUNCILMEII113ERS : None ABSENT: COUNOILMEMBERS : None JE NE M. LEONCI. I, City Clerk n R I P, I N A I AGREEMENT TO PURCHASE TAX -DEFAULTED PROPERTY This Agreement is made this the Board of Supervisors of MARIN and CITY OF SAN RAFAEL day of .19 , by and between County, State of California, ("PURCHASER"), pursuant to the provisions of Division 1, Part 6, Chapter 8, of the Revenue and Taxation Code. The real property situated within said county, hereinafter set forth and described in Exhibit "A" attached hereto and made a part hereof, is tax -defaulted and is subject to the power of sale by the tax collector of said county for the nonpayment of taxes, pursuant to provisions of law. It is mutually agreed as follows: 1. that as provided by Section 3800 of the Revenue and Taxation Code, the cost of giving notice of this agreement shall be paid by the PURCHASER, and 2. that the PURCHASER agrees to pay the sum of T 422.718.25 for the real property described in Exhibit "A" within 45 days after the date this agreement becomes effective. Upon payment of said sum to the tax collector, the tax collector shall execute and deliver deed conveying title to said property to PURCHASER. Additionally the Purchaser recognizes the 1915 Act Bonds are not extinguished upon Tax Sale. As the Purchaser wants to purchase this property free of the 1915 Act Bonds, the Purchaser agrees to pay $148,890.36 which is in addition to the above purchase price to payoff the bond obligations. 3.Purchaser agrees that the property in Exhibit A is acquired for public purpose and not to be resold unless said sale is approved by the Marin County Board of Supervisors. This agreement shall be null and void if all or any portion of the property is redeemed prior to the effective date of this agreement. This agreement shall also become null and void and the right of redemption restored upon the PURCHASER'S failure to comply with the term and conditions of this agreement. Time is of the essence. LGFA - TDL 8332 12/851 O The undersigned hereby agree to the terms and conditions of this agreement and are duly authorized to sign for.said agencies. - ATTEST. CITY OF SAN RAFAEL (Purchaser) (seal) ATTEST:' ] n ,.Ierk of the Bok Rf Supe , ors; Byr v Cit Jerk (seal) WRENCE E. MULRYAN Mayor BOARD OF SUPERVISORS By " 6� =hairm COUNTY Pursuant to the provisions of Section 3775 of the Revenue and Taxation Code the governing body of the City of San Rafael ATTEST: 14a. A ZZ - JednnV M. Leoncini , �clerk By Deputy (seal) hereby agrees to the selling price as provided in this agreement. CITY F SAN RAFAEL Lawrence E. Mulryan, Mayor This agreement was submitted tome before execution by the board of supervisors and I have compared the same with the records of MARIN County relating to the real property described therein. County Tax Collector Pursuant to the provisions of Sections 3775 and 3795 of the Revenue and Taxation Code, the Controller agrees to the selling price hereinbefore set forth and approves the foregoing agreement this 27th day of September .19 90 STATE CONTROLLER BY Assista�ty State Controller Local Government NOTE. EXHIBIT "A" MUST BE ATTACHED TO THIS FORM EXHIBIT "A" FIRST YEAR DEFAULT DESCRIPTION DELINQUENT NUMBER PURCHASE PRICE 9-010-22 1982 1983-003030 9-010-23 1982 1983-003040 9-010-24 1982 1983-003050 $422,718:25 Total 9-010-22 All that certain real property in the City of San Rafael, County of Marin, State of California, described as follows: PARCEL ONE: Beginning at the intersection of the courses "North 42' 23' 30" E, 143.1 Ft" and "North 22° 44' 30" W 731.00 Ft" on the exterior boundary of the 104.400 acre parcel as shown on the "Record of Survey of a portion of section 2 and section 11, T I.N., R. 614., Mount Diablo Meridian, San Rafael, California", recorded April 9, 1969 Book 8 of Surveys at page 28, Marin County Records which point is also the most Ely corner of Lot 11, in block 26, as shown on the "Map of East San Rafael", recorded January 21, 1980 in book 2 of maps at page 109, Marin County Records, and is also an angle point on the exterior boundary of the parcel described in exhibit D of the final order of condemnation for the City of San Rafael, a municipal corporation, Plaintiff, Vs. Francisco Company, a limited partnership, et al, Defendants, Recorded February 13, 1974 in Volume 2764 of Official Records at page 221, Marin County Recorc thence along the common boundary between said record of survey (8 OS 28) (also said Exhibit D, 2764 OR 221) and said "Map of East San Rafael" (2 RM 109) N 22* 44' 30" W. 6.76 Ft (N 230 57' 48" W 6.76 ft per 2764 OR 221) (N 24° O1' W per 2 RM 109) to the true point of beginning; thence leaving said exterior boundary of said Exhibit D (2764 OR 221) and continuing along said common boundary (8 OS 28 and 2 RM 109) the following courses and distances: N 22° 44' 30" W, 724.24 Ft (N 240 01' W, 724.24 Ft calc. per 2 RM 109 and 2764 OR 221); thence N 13° lis' 30" W, 1239.60 Ft (N 140 31' Td, 1239.6 Ft per 2 RM 109) thence N 8° 13' 30" W, 783.50 Ft (N 90 30' W, 783.5 Ft per 2 RM .109); and thence N 17° 35' 30" W, 201.52 Ft (N 1.80 52' W, 201.52 Ft calc. per 2 RM 109 and 1737 OR 143) to the most SWly corner of the parcel described in deed from Title Insurance and Trust Company, a corporation, to San Rafael Cays, Inc., n California Torporation, recorded October 10, 1963 in volume 1737 of Official Records at nage 143, Marin County Records, from which an angle point on the common boundary between said map of East San Rafael (2 RM 109), at the intersection of the courses shown as "N 18° 52' W, 224 Ft" and "N 20 03' W, 675.9 Ft" on the exterior boundary thereof (2 RM 109), and said deed to San Rafael Cays, Inc. (1737 OR 143) bears N 170 35' 30" 14, 22.48 Ft (N 18° 52' W, 22.48 Ft per 1737 OR 143); thence leaving said common boundary (8 OS 28 and 2 RM 109); along the common boundary between said record of survey (8 OS 28 and 2 RM. 109); along the common boundary between said recon_ of survey (8 OS 28) and said deed to San Rafael Cays, Inc. (1737 OR 143) the following courses and distances: S 76° 45' 30" E, 44.14 Ft (S 780 02' E, 44.14 Ft per 1737 OR 143), and thence N 80° 41' 30" E, 2026.50 Ft (N 780 27' E, 2026.496 Ft per 1737 OR 143) to the most Wly corner of the parcel described in deed from Marin Canalways and Development Company, A Corporation, to David Seymour, recorded July 10, 1959 in volume 1294 of official records at page 91, Marin County Records, which lies on the approximate centerline of an existing levee; thence leaving said last described common boundary (8 OS 28 and 1737 OR 143); along the common boundary between said record survey (8 OS 28) and said deed to Seymour (1294 OR 91) the following ( )urses and distances: S 13° 07' 30" E, 803.69 Ft along said approximate centerline -of an existing levee (S 14° 24' E, 750.0 Ft, more or less per 1294 OR 91), andthence leaving said approximate centerline S 88° 43' 30" E, 206.49 Ft (E, 220 Ft, more or less, per 1294 OR 91) to a line which is parallel to and distant 200 Ft NEly EXHIBIT "A" 9-010-23 A tract of land situate within the City of San Rafael, Marin County, Ca., described as follows: Beginning at a point on the North line of lot 1 of sec. 11, T. 1N., R. 6W., M.D.B.M. of "Map No. 2 of Salt Marsh and Tide Lands", filed July 25, 1960 in can F of Marin County Records, said point lying distant N 13° 07' 30" W 141.48 ft. from the Northeast corner of Lot 27 as shown on that certain map entitled "Map of Shoreline Industrial Park", filed in Book 18 of maps at page 93 of Marin County Records; running thence Westerly along the North line of aforesaid sec. 11, N 89' 56' 48" W 1,296.70 ft. to a point which intersects with the Easterly line of the "Ponding Area parcel, as shown upon that certain diagram entitled, "Supplemental Assessment diagra of .East San Rafael Drainage Assessment District No. 1", filed Sept. 13, 1974 in book 1 of Maps of Assessment Districts at page 95, in Marin County Records; running thence along the Easterly line of said "Ponding Area" parcel on a curve to the right whose center bears S 16' 44' 03" W with a radius of 300 ft., through a central angle of 58° 44' 57", for an arc length of 307.61 ft; thence leaving the Easterly line of said "Ponding Area" parcel and running N 75' 46' 23" E 1,110.30 ft. to the Point of Beginning. 9-010-24 A tract of land situate in the City of San Rafael, Marin County, Ca., described as follows: Beginning at a point on the Northeasterly line of Lot 70 as shown upon that certain map entitled "Map of Bahia De Rafael Industrial Park", filed in book 15 of maps, at page 54 of Marin County Records, said point being at the intersection o the courses N 14° 31' 42" W 1200.91 ft. and N 24° 02' 21" W 724.24 ft., said point also being distant S 240 02' 21" E 23.14 ft. from the Westerly line of Kerner Blvd. at it's intersection with the Westerly line of the parcel conveyed to Michael Chow, etal, by deed recorded April 5, 1985 in document no. 85-013732 of Marin County Official Records; thence S 24° 02' 21" E 724.24 ft.; N 500 14' E 406.28 ft.; N 140 31' 00" W 429.77 ft.; thence on a curve to the right with a radius of 260 ft. and an arc distance of 159.53 ft.; thence N 20° 38' 18" E 1.76 ft.; thence on a curve concave to the Northeast, with a radius of 200 ft. and an arc length of 191.45 ft.; N 14° 31' W 510.25 ft., thence on a tangent curve to the right with a radius of 200 ft. with an arc length of 191.45 ft.; thence N 40° 19' 42" E 237.52 ft.; thence on a tangent curve to the right with a radius of 300 ft. with an arc length of 173.02 ft. to the Northerly line of section 11, T. 1N., R. 6W., M.D.B.M.; running thence along said line of section 11, N 89° 56' 48" W 913.69 ft.; thence S 9' 26' 48" E 58.86 ft.; and S 14° 27' 48" E 1239.60 ft. to the point of beginning. EXHIBIT "A" continuation of 9-010-22: measured at right angles, to the aforesaid course (S 13° 07' 30" E) of said approximate levee centerline; thence leaving said last described common boundary (8 OS 28 and 1294 OR 91) along said exterior boundary of said record of survey (8 OS 28) and parallel to said approximate levee centerline S 13° 07' 30" E, 622.37 Ft (S 14° 24' E per 1294 OR 91) to the most NEly corner of the 5000 square foot parcel described in Exhibit A of said final order of condemnation (2764 OR 221), which lies N 13° 07' 30" W, 25.00 Ft (N 140 20' 48" W, 25.00 Ft per 2764 OR 221) along said exterior boundary (8 OS 28) along the Nly boundaries of both the 5000 square foot and 22,756 square foot parcels described in said exhibit A (2764 OR 221) parallel to and 25.00 Ft Nly of, measured at right angles, the common boundary (N 76° 59' 41" E, 1705.61 Ft per 8 OS 28) between said 104.400 and 60.285 acre parce of said record of survey (8 OS 28), S 76° 59' 41" W, 1110.30 Ft (S 750 46' 23" E, 1110.30 Ft per 2764 OR 221) to a point on the exterior boundary of the parcel descri in exhibit E of said final order of condemnation (2764 OR 221), distant thereon N 130 17' 42" id, 25.00 Ft (N 140 31' 00" W, 25.00 Ft per 2764 OR 221) from the most Elv corner thereof; thence leaving said Nly boundary of said exhibit A (2764 OR 221) along said exterior boundary of said exhibit E (2764 OR 221) the following courses and distances: N 13° 17' 42" W, 180.59 Ft (N 140 31' 00" W, 180.59 Ft calc. per 2764 OR 221); thence Wly along a curve to the left, tangent to the preceding course, having a radius of 300.00 Ft through a central angle of 125° 09' 18", an arc length of 655.31 Ft (2764 OR 221); thence S 41° 33' 00" W, 237.52 Ft (S 400 19' 42" W, 237.52 Ft per 2764 OR 221); thence Sly along a curve to the left, tangent to the preceding course, having a radius of 200.00 Ft through a central angle of 54° 50' 42 an arc length of 191.45 Ft (2764 OR 221); thence S 13' 17' 42" E, 510.25 Ft (S 140 31' 00" E, 510.25 Ft per 2764 OR 221); and thence Sly along a curve to the left, tangent to the preceding course, having a radius of 200.00 Ft through a central angl of 54° 50' 42", an arc length of 191.45 Ft (2764 OR 221) to the most Nlv corner of said exhibit D of said final order of condemnation, from which the most Wly corner of said 60.285 acre parcel of said record of survey (8 OS 28) bears S 68° 08' 24" E 87.52 Ft (S 690 21' 42" E, 87.52 Ft per 2-764 OR 221) along the common boundary between said exhibits D and E (2764 OR 221), and thence N 13° 17' 42" W, 576.58 Ft (N 14° 31' 00" W, 576.58 Ft per 2764 OR 221) along the common boundary between said exhibit E (2764 OR 221) and said 60.285 acre parcel (8 OS 28); thence from said most Nly corner of said exhibit D (2764 OR 221) leaving said exterior boundary of said exhibit E (2764 OR 221) along the exterior boundary of said exhibit D (2764 OR 221) the following courses and distances: S 21° 51' 36" W, 1.76 Ft (S 200 38' 18" W 1.76 Ft per 2764 OR 221); thence Sly along a curve to the left, tangent to the preceding course, having a radius of 260.00 Ft through a central angle of 35° 09' 18 an arc length of 159.53 Ft (2764 OR 221); thence S 13° 17' 42" E, 429.77 Ft (S 140 13' 00" E, 429.77 Ft per 2764 OR 221), and thence S 51° 27' 18" W, 406.28 Ft (S 500 14' 00" W, 406.28 Ft per 2764 OR 221) to the true point of beginning. 'Excepting therefrom that portion contained within Lots 1, 2, 3, 4, 5, 13 and 14 in Sec. 11, T. 1N, R. 6W., M.D.B.M. of "Map No. 2 of Salt Marsh and Tide Lands", prepared by order of the Board of Tide Land Commissioners on April 1st. 1870 and filed July 25, 1960 in Can F of Marin County Records. Also excepting therefrom that portion contained within the "Ponding Area" Parcel as shown upon that certain diagram entitled, "Supplemental Assessment Diagram of Fast San Rafael Drainage Assessment District No. 1", filed Sept. 13, 1974 in Book 1 of Maps of Assessment Districts at Page 95, in Marin County Records.