HomeMy WebLinkAboutCC Resolution 8050 (Reconveyance Oakwood Subdivision Unit 2)RESOLUTION NO. 8050
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL AUTHORIZING EXECUTION OF
FIRST AMENDMENT TO AGREEMENT AND PARTIAL
RECONVEYANCE OAKWOOD SUBDIVISION UNIT 2
WHEREAS, on or about March 19, 1984, Paul J. Felton,
hereinafter referred to as "Subdivider", and City of San Rafael,
hereinafter referred to as "City", entered into an Agreement
(Subdivision Improvements), hereinafter called the "Agreement", which
pertained to that certain real property known and referred to as
Unit 2 of the Oakwood Subdivision and being more particularly described
as Lots 18 through 22, inclusive as shown upon that certain map
(hereinafter called the "Map") entitled "Map of Oakwood Unit No.
2" filed for record on April 11, 1984, in Volume 19 of Maps at Page
11, Marin County Records; and
WHEREAS, Subdivider has completed all of the improvements
required of him under the Agreement with the exception of the instal-
lation of a debris fence, and City has acknowledged that upon comple-
tion of the installation of said fence, Subdivider will be entitled
to have a Notice of Completion issued for all of the improvements
required by the terms of the Agreement; and
WHEREAS, in connection with the Agreement, Subdivider
made and issued to City a deed of trust encumbering all of the real
property described above, which Deed of Trust was recorded on April 11,
1984 as Recorder's Serial No. 84-017212 in the Official Records of
Marin County, California and was given as security for Subdivider's
performance of his obligation under the Agreement; and
WHEREAS, Subdivider has requested, and City has agreed,
that a portion of the property described above be released from the
lien of of the Deed of Trust.
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of San Rafael hereby authorizes the Mayor and City Clerk
to execute the First Amendment to Agreement for Subdivision
Improvements in the Oakwood Unit 2 Subdivision.
BE IT FURTHER RESOLVED that said City Council hereby
authorizes the Mayor and City Clerk to execute a partial conveyance
which shall apply to Lots 18, 19, 20 and 21 as shown upon the Map
oRir,�Nat �,�
of Oakwood Unit No. 2 filed for record on April 11, 1984, in Volume
19 of Maps at Page 11, Marin County Records. Lot 22 as shown upon
said Map shall remain subject to the lien of the Deed of Trust as
security for the performance of Subdividers remaining obligation
under the Agreement.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael,
California, hereby certify that the foregoing resolution was duly
and regularly introduced and adopted at a regular meeting of the
Council of said City held on the 2nd day of October, 1989, by the
following vote, to wit:
AYES: COUNCILMEMBERS• Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
�JEANNE M. LEONCINI, ity Clerk,
FIRST AMENDMENT TO AGREEMENT
(SUBDIVISION IMPROVEMENTS)
This First Amendment to Agreement (Subdivision Improve-
ments), hereinafter this "First Amendment", is made as of the
2nd day of0.ctober- -, 1989, and is entered into by and be-
tween the City of San Rafael, hereinafter referred to as "City",
and Paul J. Felton, hereinafter referred to as "Subdivider", both
of whom understand as follows:
RECITALS:
On or about March 19, 1984, Subdivider and City entered into
an Agreement (Subdivision Improvements) (hereinafter called the
"Agreement") which pertained to that certain real property known
and referred to as Unit 2 of the Oakwood Subdivision and being
more particularly described as Lots 18 through 22, inclusive, as
shown upon that certain map (hereinafter called the "Map") en-
titled "Map of Oakwood Unit No. 2" filed for record on April 11,
1984, in Volume 19 of Maps at Page 11, Marin County Records.
Subdivider has completed all of the improvements required of
him under the Agreement with the exception of the installation of
a debris fence (hereinafter called the "Debris Fence") described
in Recommendation 1 on page 3 of that certain letter (hereinafter
called the "Herzog Letter") from Donald Herzog & Associates, Inc.
dated May 8, 1984 and addressed to Subdivider, and City has
acknowledged that upon completion of the installation of the re-
quired Debris Fence Subdivider will be entitled to have a Notice
of Completion issued for all of the improvements required by the
terms of the Agreement.
In connection with the Agreement, Subdivider made and issued
to City a deed of trust (hereinafter called the "Deed of Trust")
encumbering all of the real property described above, which Deed
of Trust was recorded on April 11, 1984 as Recorder's Serial No.
84-017212 in the Official Records of Marin County, California and
was given as security for Subdivider's performance of his
obligations under the Agreement.
Subdivider has requested, and City has agreed, that a por-
tion of the property described above be released from the lien of
the Deed of Trust.
NOW, THEREFORE, the parties agree as follows:
1. Partial Reconvevance. City hereby agrees to cause a
partial reconveyance of the lien of the Deed of Trust to be re-
corded, which partial reconveyance shall apply to Lots 18, 19, 20
and 21 as shown upon the Map, and City shall execute such docu-
ments as may be required by the Trustee named in the Deed of
Trust in connection with said partial reconveyance. Lot 22 as
shown upon the Map shall remain subject to the lien of the Deed
of Trust as security for the performance of Subdivider's re-
maining obligation under the Agreement.
2. Installation of Debris Fence. Subdivider acknowledges
and agrees that the fence which he has previously installed in an
effort to comply with the requirements of the aforesaid Recommen-
dation 1 of the Herzog Letter does not satisfy the requirements
of the Agreement. Subdivider hereby reconfirms his obligation to
install a Debris Fence satisfying the requirements of the Agree-
ment.
3. Further Encumbrance. Subdivider covenants and agrees
that he will not further encumber Lot 22 as shown upon the Map.
4. Inconsistencies; No Additional Amendment. In the event
of any inconsistency between the terms and provisions of this
First Amendment and the terms and provisions of the Agreement,
the terms and provisions of this First Amendment shall prevail.
Except as amended hereby, the Agreement remains unmodified and in
full force and effect.
IN WITNESS WHEREOF, the parties have executed this First
Amendment as of the date first set forth above.
CITY OF SAN RAFAEL
Mayor
ATTEST: By j�dC
Deputy City Clerk
SUBDIVIDER
Pau J. Fe ton
APPROVED AS TO SUFFICIENCY: APPRO DAS RM:
City Engineer / C ty Attorney
- 2 -
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
PAUL J. FELTON
One Weatherly Drive, #301
Mill Valley, CA. 94941
SPACE ABOVE FOR RECORDER'S USE ONLY
PARTIAL RECONVEYANCE
WHEREAS a portion of the indebtedness secured to be paid by the Deed of Trust executed by
PAUL J. FELTON
to FOUNDERS TITLE COMPANY, a California corporation,
as Trustee , dated
Office of the
March 19, 1984
in As recorder's serial #84-017212
, and recorded in the County Recorder's
County of Marin , State of California,
, has been paid
NOW, THEREFORE, pursuant to request thereto made by the beneficiary named in said Deed of Trust,
Trustee , do es hereby GRANT AND RECONVEY unto THE PARTIES ENTITLED THERETO,
without warranty, all the estate and interest derived to the said Trustee , under said Deed of Trust,
in that portion of the lands therein described, situated in the City of San Rafael
County of Marin , State of California, described as follows, to wit:
LOTS 18, 19, 20 and 21 as shown upon that certain map entitled, "Map of
Oakwood Unit No. 2" filed for record on April 11, 1984 in Volume 19 of
Maps at Page 11, Marin County Records.
OUNDERS TITLE COMPANY, as Trustee
Dated:.------------------P.t........................6. .
MARY NE C. COOPER, Asst. Vice—Pres.
STATE OF CALIFORNIA l
COUNTY OF } SS.
Marin 1
On .......10%23/89 19........
b0ore me, the undersigned, o Notary Public in and for said County
and State, personally appeared ...............
MARYANNE C. COOPER , personally
known to me {or proved to me on the basis of satisfactory evrdencel to be
Asst. Vice President
of FOUNDERS TITLE COMPANY, the corporation that executed the
foregoing instrument as such Trustee, and known to me to be the
person who executed said instrument on behalf of the corporation
there n named. and acknowledged to me that such corporation
executed the sante as such Trustee
WITNESS hand and offrc dl seal
Jorory Public r15 and for sa.d County and State
INotory's name shall be typed or legibly printed . Gov't Code 82051
OFC - 1063
BY.........................
............................••-•••-
FOR NOTARY STAMP OR SEAL
OFFICLAL SEAL
RENA SIEBOLDT
NOTAR'i PUBLIC-CALIFORPIIA
Rindpal Olice in WN CaiM
My C=rib iw Expires SepL 7,1991
A Partial Reconveyance will be made only upon presentation to the Trustee of the original notes for endorsement and the Deed
of Trust securing same, and upon presentation of this Request properly signed, together with the Partial Reconveyance fee.
To Founders Title Co. Trustee, No
The undersigned is the legal owner and holder of the Agreement (Subdivision ImvrovementG)
=t#trpc xtfAS, and of all other indebtedness secured by Deed of Trust dated
March 19. 1984 made by PAUL J. FELTON
Trustor, to FOUNDERS TITLE CO. ., Trustee,
and recorded April 11. 1984 ;,j)MXSerial #84-017212 of Official Records in the
office of the recorder of Marin County, California.
You are hereby requested, in accordance with the terms of said Deed of Trust, to reconvey, without warranty,
to "the person or persons legally entitled thereto," the estate now held by you thereunder in and to that portion of
the property described in said Deed of Trust, situate in the Citv of San Rafael County of
Makin. California, described as:
LOTS 18, 19, 20 and 21 as shown upon that certain map entitled, "Map of
Oakwood Unit No. 2" filed for record on April 11, 1984 in Volume 19 of
Maps at Page 11, Marin County Records.
STATE OF CALIFORNIA
Ss.
COUNTY OF MARIN
On this 19thday of OCTOBER 1989, before me, JEANNE M. LEONCINI, a
Notary Pub is in and for the said County and State, residing therein, duly
commissioned and sworn, personally appeared LAWRENCE E. MULRYAN
personally known to me (-��-peeved-e-fie--ba5i-5-of-sat�sfaEe�-�-
-e�cidea�F� to be the Mayor of the City of San Rafael that executed the within
document and acknowledged to me that said City of San Rafael did execute the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
JEANN 'EONCINIIN OTA�UU--B—Ll ---Pr,d for
said County and State.
F(a7OFFICIAL SEAL '
ANNE M. LEONCINI ;
N0TARyPUBLJC- CAUFOF"A ,
MARIN COUNTY ;
My Comm. Expires Nov. 29,1991
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• �p0 5th Avc.. P.O. Uos 60, San Ralael, CA 94915.006