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HomeMy WebLinkAboutCC Resolution 8245 (Smith Ranch Homes)RESOLUTION NO. 8245 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 Vice 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 17th day of September, 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan JE L�M. LEONCIN City Clerk RliGINAL RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Rafael 1400 - 5th Avenue P.O. Box 60 San Rafael, CA 94915-0060 WHEN RECORDED MAIL CERTIFIED COPIES TO: GREENE, RADOVSKY, MALONEY & SHARE One Market Plaza Spear Street Tower, Suite 4200 San Francisco, CA 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 September 17, 1990. 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 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, and recorded on January 5, 1990, as Instrument No. 9000969, Official Records of Marin County, California. 41273/0802 08/28/90 TMFOED.P50 OT/ 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. Findinq. works construction, economic property development activities described by the Partnership to September 17, 1990, are hereby the Development Agreement. The actions, programs of public investments, policies and real undertaken by the Partnership and the City in a public hearing dated found to comply with the terms of Section 2. Determination. For the interval commencing with September 18, 1989, and ending September 17, 1990, 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: Q9��"_y Dorothy L(57Breiner, Vice -Mayor ATTEST: Jea M. Leoncinl, City Clerk APPROVED AS TO FORM: C� ��2 G T. giE!771�4 ity Attorney TMFOED.P50 2 STATE OF CALIFORNIA ) ss. COUNTY OF MARIN ) On this 24TH day of September, in the year 1990, before me, JEANNE M. LEONCINI, Notary Public in and for the State of California, personally appeared DOROTHY L. BREINER, known to me to be the Vice -Mayor of the City of San Rafael, and known to me to be the person who executed the within instrument on behalf of said agency, and acknowledged to me that such agency executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Marin the date and year in this Certificate of Compliance first above written. N Y PUBLIC _ 6FTft L SEAL, (SEAL) s.�`� Via'`.. JEANNE M. EEONCINI NOTARY PUBLIC - CALIFORNIA ra y MARIN COUNTY My Comm. Expires Nov. 29, 1991 1400 - 5th Ave., P.O. Box 60, San Ra Nal, CA 94915-0060 , 3 My Commission Expires: November 29, 1991 EXHIBIT "A" The lard referred to in this policy is situated its 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.M. 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 580 55' 36" West, 277.82 feet; and "South 859 22' 52" West, 572.07 feet" as shown and delineated on the exterior boundary of that certain map entitled, "Parcel Map of Lot Line Adjustment, Lots 5, 12 & Parcel C, Smith Ranch - Northerly Portion - 17 R.M. 39 - 21 P.M. 88", recorded July 30, 1986, in Book 23 of Parcel Maps at Page 46, Marin County Records, and being the most northerly corner of Lot 12, as " shown on said Parcel Map (23 PM 46) ; thence along the exterior boundary of said Lot 12 (23 PM 46) the following courses and distances: South 58° 55' 36" East 277.82 feet; thence South 48° 04' 36' East 719.93 feet; thence South 51 28' 36" East, 313.14 feet; thence South 38 31' 24" West, 71.33 feet; thence South 48° 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 58° 10' 58" West, 334.77 feet; thence North 27° 36' 48" West, 302.57 feet; thence North 300 41' 43" West, 203.81 feet; thence North 68° 51' 28" West, 174.24 feet; thence South 65° 13' 05" Trest, 78.45 feet; thence South 20° 13' 05" Vest6 99.00 feet; thence South 65° 13' 05" West 140.00 feet; thence Porth 25 09' 31" West56.57 feet; thence South 64 50' 29" West, 56.57 , feet; thence South 19° 50' 29" West, 228.25 feet; thence South 35° 16' 35" West 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" West, 206.81 feet; thence Westerly along a curve to the left whose center bears South 18° 34' 41" West, having a radius of 119.07 feet, through a central angle of 620 02' 55", an arc length of 128.95 feet; thence South 460 31' 46" Wast, 76.89 feet; thence South 59P 52' 29" West, 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' 31", an arc length of 81.49 feet; thence South 60° 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 78° 00' 2111, an arc length of 71.742 feet; thence North 410 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" Hest, having a radius of 51.53 feet, through a central angle of 55° 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' 01", an arc length of 151.37 feet; thence North 100 37' 26" West, 132.20 feet; thence North 38° 53' 12" West, 60.00 feet; thence North 12° 43' 25" West, 120.23 feet; thence North 17° 17' 28" West, 317.62 feet; thence North 73° 58' 52" East 1088.08 feet and thence North 850 22' 52" East, 572.07 feet to the point of beginning. All of the foregoing being the same real property designated as Lot 12 as shown on that certain certified survey (Job No. 124-87), dated February 25, 1988, prepared by Oberkamper and Associates, Civil Engineers, Inc., San Rafael, California. EXHIBIT "A" i ` (Continued) ` • I . 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: IAT 5A, as shown in solid lines on that certain parcel map entitled, "Parcel Map of Lot Line Adjustment - Lots 5, 12 and Parcel C, &pith Ranch - Northerly Portion - 17 R.M. 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 330 26' 30" East, 142.49 feet" and "North 190 50' 24" East, 433.11 feet" as shown and delineated on the easterly boundary of Parcel 5A of that certain map entitled "Parcel Map of Lot Line Adjustment - Lots 5, 12, & Parcel C, smith Ranch Northerly Portion - 17 R.M. 39 - 21 P.M. 88", recorded July 30, 1986, in Book 23 of Parcel Maps at Page 46, Marin County Records; thence along the exterior boundary of said Lot 5A (23 PM 46) the following courses and distances: South 330 26' 30' West, 142.49 feet; thence North 250 09' 36" West, 12?.32 feet; thence North 190 50' 24" East, 13$.75 feet; thence North 6 32' 52" Pest, 90.80 feet; thence North 19 50' 24" Fast, 200.46 feet; thence North 64 50' 24" East, 47.78 feet; thence South 700 09' 36" East 21.21 feet; thence North 640 ` 50' 24" East, 55.84 feet; thence South 70 09' 36" East, 65.52 feet and thence South 190 50' 24" Fest, 433.11 feet to the point of beginning. All of the foregoing being the same real property designated as Lot 5A, as shown on that certain certified survey (Job No. 124-87), dated February 25, 1988, prepared by Oberkamper and Associates, Civil Engineers, Inc., San Rafael, California.