HomeMy WebLinkAboutCC Resolution 8072 (Centertown)RESOLUTION NO. 8072
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL APPROVING THE GROUND LEASE OF
PROPERTY PURSUANT TO A GROUND LEASE BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
RAFAEL AND CENTERTOWN ASSOCIATES LTD
The City of San Rafael, Marin County, California, hereinafter
referred to as "City," does hereby declare, find and determine that:
1. WHEREAS, the Redevelopment Agency of the City of San Rafael
(the "Agency") has received a proposed ground lease (the "Ground
Lease") with Centertown Associates Ltd. ("Lessee") providing for the
75 -year lease to lessee of real property owned by the Agency, as
described in Exhibit A, attached hereto, in order to effectuate the
purposes of the Central San Rafael Redevelopment Plan (the
"Redevelopment Plan"); and
2. WHEREAS, the Community Redevelopment Law (Health and Safety
Code Section 33000 et seq.) provides in Section 33431 that any sale
or lease of Agency property may be made only after a public hearing
of the Agency after publication of notice as provided by Law; and
3. WHEREAS, the Community Redevelopment Law further provides
in Section 33433 that before any property acquired in whole or in
part with tax increment monies is sold or leased for development
pursuant to a redevelopment plan, such sale or lease shall first be
approved by the legislative body after public hearing; that notice
of the time and place of the hearing shall be published in a
newspaper of general circulation in the community for at least two
successive weeks prior to the hearing; and that the Agency shall
make available for public inspection a copy of the proposed sale or
lease and a summary of the financial aspects of the proposal; and
4. WHEREAS, notice of a joint public hearing by the City
Council of the City of San Rafael (the "City Council") and Agency
was published in the Marin Independent Journal on October 23, 1989
and October 30, 1989; and
5. WHEREAS, the Agency has prepared a summary ("Section 33433
Summary") pursuant to Section 33433 of the Health and Safety Code
describing the cost of the Ground Lease to the Agency, the value of
the property interests to be leased, the sum of the lease payments
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and other information required by said Section 33433, and said sum-
mary, along with a copy of the proposed Ground Lease, was made
available to the public for inspection; and
6. WHEREAS, the City Council and the Agency held a joint
public hearing on Monday, November 6, 1989, in the City Council
Chambers to consider and act upon the Ground Lease.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council
finds and determines that the sum of the lease payments for the real
property described in Exhibit A, owned by the Agency which would be
leased to Centertown Associates Ltd. pursuant to the Ground Lease,
constitutes fair and equitable lease payments for the real property
according to its value and is not less than the fair market rental
value of the real property for uses in accordance with the
Redevelopment Plan and the Ground Lease. This finding is based upon
the "Section 33433 Summary" prepared pursuant to Section 33433,
which is incorporated herein by this reference.
BE IT FURTHER RESOLVED that the City Council hereby approves
and authorizes the execution of the Ground Lease between the Agency
and Centertown Associates Ltd.
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 6TH day of NOVEMBER , 1989, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE M. LEONCI"I�I, City Clerk
Exhibit "A"
LEGAL DESCRIPTION
Parcel A
All that certain real property situate in the City of San Rafael,
County of Marin, State of California, described as follows:
"Map of Centertown an Air -space Condominium. Also Being a
reversion to acreage being the Lands of U.F. Service Corp., a
California Corporation, as described by Deed recorded under
Recorder's Serial No. 83-16358, Marin County Records and a portion
of the lands described by the Record of Survey filed in Book 18 of
Surveys, at Page 47, Marin County Records", filed for record
December 13, 1983 in Volume 18 of Maps, at Page 98, Marin County
Records.
Parcel B
All that certain real situate in the City of San Rafael, County of
Marin, State of California, described as follows:
BEGINNING at a point on the Westerly line of C Street
thereon 109 feet 8 inches Northerly from the intersection
Westerly line of C Street and the Northerly line of Second
said point of beginning being the Southeast corner of t
conveyed by Loretta Ceaser to John Mirata by Deed reco
Book 165 of Deeds, page 269, running thence Westerly at
angle to C Street and along the Southerly line of the
conveyed by Ceaser to Mireta 150 feet; thence Southerly at
angle 42 feet; thence Easterly at a right angle 150 feet
Westerly line of C Street thence Northerly along the said
C Street 42 feet to the point of beginning.
distant
of said
Street
hat lot
rded in
a right
Lot so
a right
to the
line of
BEING a portion of Block 15 of the Townsite of the Town of San
Rafael .
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October 26, 1989 3