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HomeMy WebLinkAboutCC Resolution 8020 (81 McNear Drive)follows: 89 56©78 RESOLUTION NO. 8020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING CONVEYANCE OF REAL PROPERTY AND AUTHORIZING THE VICE MAYOR AND CITY CLERK TO EXECUTE A GRANT DEED FOR LOT LINE ADJUSTMENT AT 81 McNEAR DRIVE, SAN RAFAEL, CALIFORNIA THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as The City Council of the City of San Rafael, California, does hereby accept that certain deed from Marcia Lucas Rodrigues, dated September 15, 1989, for and on behalf of the City of San Rafael and the real property described therein, all as more particularly described in the attachment hereto and incorporated herein by refe- rence. BE IT FURTHER RESOLVED that the VICE MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a grant deed to Marcia Lucas Rodrigues for the exchange of lands des- cribed in Tentative Map/Lot Line Adjustment- Boundary Encroachment Plat #81 NcNear Drive, or A.P. No. 186-470-86, Lot 2, 20PM22 by Anrig- Doyle and dated May 1989, a copy of which is attached hereto and incorporatod herein by reference. 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 21st day of August, 1989, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan JEA M. LEO NI, City Clerk a It 1 MAY -30-e9 TUE 1 2 : 06 MANDEL_ -HEI L_>&BU_DER P 02 MANDEL, HEIL, RUDER & JACOBSEN A T T O R N E Y S A T L A W 1 0 1 V A L L E J O S T R E E T S A NF R A N C I S C O, C A 1 4 I l i T E L E P H O N E 4 1 5. 7 8 1. 4 4 0 0 F A x 4 1 5 6 1 1 1. 5 1 4 3 May 30, 1989 BY FACSIMILE - 433-8269 David Ragghiani, Esq. City Attorney, City of San Rafael 874 Fourth Street San Rafael, California 94901 Re: Maroia and Tom Rodrigues 8 McXear Drive Encroachment Dear Mr. Ragghiani: This letter will follow up on our telephone conversation of today, relating to the encroachment of certain structures from the referenced property onto the Peacock Gap Neighborhood One -B open space land. Attached as Attachment A is a copy of a portion of the parcel map for Peacock Gap Neighborhood One -A. For your reference, the Rodrigues Parcel is denoted as Lot 2 on the Parcel Map, and the San Rafael open space land (Peacock Gap Neighborhood One -8) is indicated as Lot 4. Factual backarolp d. In mid-March, Mr. and Mrs. Rodrigues purchased the residence at 81 MCNear Drive, San Rafael, California. The residence had been constructed by a Colorado developer by the name of Don Lewis. Prior to acquisition of the property. Mr. Lewis had represented unequivocally to -Mr. and Mr's. Rodrugues that the house and the swimming pool were located within the. property boundaries. Approxima e y two months after close of escrow, the present' property owners had the property surveyed, in order to determine where to erect a boundary fence. The results of this survey revealed, for the first time, that the property line actually ran straight down the middle of the swimming pool. Thus, both the swimming pool and the rock retainin5r wa.11 surroun 1 nq on the adlacent property. s I ad mentioned to you in our telephone cosation, the swimming pool is virtually completed, having been gunnited but not plastered. Attached as Attachment B is a copy of the survey which revealed that the swimming pool encroaches on the adjacent property. David Ragghiani, E May 30, 1989 Page 2 Possible solutions to nroblem. While it is theoretically possible for the swimming pool and rock wall to be moved, this alternative presents tremendous practical difficulties. The swimming pool is virtually completed and was so at the time the property was acquired by Mr. and Mrs. Rodrigues. It would be incredibly expensive to tear out the swimming pool and wall. What we would prefer would be for the Wys_p�ace el to sell to e o r gueses_the minimum amount necessary to iminate the encroacment. If there is any way that this could be effectuated, consistent with the open space legal requirements, our clients would be willing to bear the cost of both the survey for the lot -line adjustment and the appraisal, to determine with fair market value of the property. We view this alternative as by far the most desirable and would appreciate very much your determining whether it can legally be done. An alternative, should you conclude that the sale of a small amount of the City -owned land is not possible, would be for us to trade an equal amount of property with the City of San Rafael, in such a way that the encroachment is eliminated and the City is given prnp=ty Present l Rodrigues' parcel. A sketched map showing by dotted line how this alternative might work is attached as Attachment C. .Procedural background. When we met with Dave Bernardi last Thursday, he provided us with portions of the Peacock Gap Neighborhood One -B Parcel Map and pointed out that the operative language was set forth in the owner's Certificate, a copy of which is attached as Attachment D. Mr. Bernardi was not certain whether an outright sale of a small portion of the property would be possible and suggested that we speak with you about this. With respect to the alternative proposal of exchanging a like amount of land with the City, in order to eliminate the encroachment, Mr. Bernardi again stated that you would be the one to make this determination. However, assuming you agreed, he felt it might well be consistent with the purposes of the open space Owner's Certificate -- as well as a sensible solution to this unfortunate problem to exchange land in a fashion that make things work better for both parties. In this regard, it should be noted that Attachment C indicates with a wavy line the point at which the property drops off steeply away from the Rodrigues house. We believe, and Mr. Bernardi agreed, that it would make good sense to have the City acquire, as part of its open space, land that is contiguous to its present open space and topographically consistent with it, in exchange for a like amount of land which, based upon the topography, is more consistent with the Rodrigues parcel. 4 David Ragghiani, Esq. May 30, 1989 Page 3 I believe that the quickest way to get to the bottom of this problem would be for us to meet on the site, in order to show you the precise situation. The Rodrigueses have already contracted with landscape architects and contractors to begin landscaping their backyard, as well as to complete the swimming pool. I have advised them that, until this matter has been resolved, they would be wise to delay any such work. For this reason, we are hopeful we can find a solution to this problem fairly quickly. Any assistance you could give us would be greatly appreciated. I look forward to hearing from you so that we may set up a meeting on the site some time in the next few days, if you agree that such a meeting would be helpful. Very truly youT-,/-) C4 " �W Robert J. Heil RJH/klp Attachments cc: David Bernardi, City Engineer (w/attach.) Marcia and Tom Rodrigues (w/attach.) 30_.S 9 T4 Y A P 12 8� f P � o N J Itt r y p•m4ry. • VO M �S r,�ro r rt, 4 to kl WACAR p41vE 1 1� �y M' O M '4 r + �f t Itt r y p•m4ry. • s o G ROD�ZG�ES pAVOL ., pP.RCEL wx ATTAGNM��T A VO M �S s o G ROD�ZG�ES pAVOL ., pP.RCEL wx ATTAGNM��T A / / / / 0 r d r ATTACHMENT B -- SURVEY SHOWING ENCROACHMENT OF SWIMMING POOL AND ROCK WALL '+ % r % 4 0 L N d a w it N OD m tl QD z d r ATTACHMENT B -- SURVEY SHOWING ENCROACHMENT OF SWIMMING POOL AND ROCK WALL OWNER'S P-ITIFICATE KXWN ALL R.i FY THESE PRESENTS THAT THE Uht,,RSIGNED ARE THE ONLY PERSONS HAVING ANY RECORD TITLE INTEREST IN THE LANDS SUBDIVIDED AND SHOWN HEREON EXCLUSIVE OF STREETS ALREADY VEDICATED AND HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF THIS MAP ENTITLED, "PEACOCK GAP NEIGH- DORH000 ONE B", CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA, COMPOSED OF ELEVEN (11) SHEETS, THAT THE SUBSCRIBERS TO THIS STATEMENT ARE ALL W110 ARE NECESSARY TO PASS CLEAR TITLE TO THE LANDS SUBDIVIDED AND SHOWN ON THIS MAP EXCLUSIVE OF STREETS ALREADY DEDICATED. WE FURTHE HEREBY OFFER FOR DEDICATION TO PUBLIC USE WATER LINE EAS NTS (W.L.E.), SANITARY SLWLK_EX5EMLN15 STORM DRAIN EASEMENTS (S.D.E.) AND PUBLIC UTILITY EASE- MENTS (P.U.E.) UPON WHICH SHALL BE KEPT OPEN AND FREE FROM PERMANENT BUILDINGS AND STRUCTURES. ER FOR DEDICATION TO PUBLIC BENEFIT OPEN SPACF FAUNEW11 UPON WHICH r ANO EgEE01 )IN ROK pJAMAHENT BUILDINGS AND STRUCTURES OF ANY K, D. CXC£PT 7 fr ENCES THAT FEFER FOR nFD1CArI9AELITRUCTURES IC BENEFIT SCENICWHICH SWIL_ 3E ANFREE FRAM P; F MY L S5 THAN ET IN HEIGHT .-NO FENCES THAT DO NOT R STRICT OR OR RMIC VIEW. - WE FURTHER HEREBY R FOR DEn ".TION TO PURL(uSE L%L HLNLFIT, IN\FEE SIMPL FOR USE AS PUBLIC OPEI-w ,PACF PARCEL .d. MPA WHILL'H SHALL FOREVER Of !1PT OPEN AND M -E FROM PIEMENT PR TEHF'11RA rS ANY KIND. AND UPON WF ICH'140 FUMER RESUBOIYiSION SHALL OCCUR. WE FURTHER HEREBY OFFER FOR DEDICATION 10 PUBLIC USE, IN FEE SIMPLE, FOR USE AS PUBLIC STRFETS PEACOCK DRIVE., SILK OAK CIRCLE, BRACKEN COURT, LUPINi ':OURTs SAGEBRUSH COURT, SNOWBERRY COURT AND WOODROSE COURT, TOGETHER WITH THE RIGHTS OF INGRESS AND EGRESS FROM LOTS 8,9.50,51,52,53,54,55 AND 61 ALONG PEACOCK DRIVE. THE CITY OF SAH RAFAEL OR ANY OTHER MUNICIPAL CORPORATION OR DISTRICT SHALL HAVE THE RIGHTS TO CONSTRUCT, COMPLETE, RE- CONSTRUCT, REPAIR, MAINTAIN AND OPERATE PUBLIC UTILITIES AND APPERTENANCES TOGETHER WITH THE RIGHTS OF INGRESS AND EGRESS THEREOF UPON ALL DESIGNATEU EASEMENTS, PARCEL 'A' AND PARCEL '8', 11OWEVER, THAT SAID RIGHTS SWILL NOT IMPOSE UPON SAID CITY. CORPORATION OR DISTRICT THE OBLIGATION OF MAINTENANCE, IMPROVEMENTS OR REPAIRS. MIERICAN SAVINGS AND LOAN ASSOCIATION, A CALIFORNIA CORPORATION AS OWNER: y«b- P0_6�5 ACKNOWLEDGEMENT STATE OF r_AL~i4 _ _ „) COUNTY OF 1-4s 1444 --is SS ON THIS Zi arDAY OF ���e IN THE YEAR 19 89 , BEFORE ME, ___, evil _ _T�ERSA_HOTARY PUBLIC, IN -W FOR SAID COUNTYD PONALLY APPEARED /6 ay d. L4 W904 „�'F AND T_o_i6 _�dw , KNOWN TO ME TF IHE _yj,., e VL I o .rr J�1D //fi�r 046—STI _�T Seti e���OF THE CORPOR- Af Il�ti TF�I�f �X�MY THE FOR 046 ST�TEMENT' AND ALSO KNOWN TO ME TO BE THE PERSONS WHO EXECUTED IT ON BEHALF OF SUCH CORPORATION AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET KY HAND AND AFFIXED MY OFFICIAL SEAL IN THE COUNTY OF tom„Au_ A -1s E1* THE DAY AND YEAR IN THIS CERTIFICA►IRq ST -ME WRITTEN. NOTJIR�UBLI N IS Bk- TRY COUNTY OF Lc -x3 Aoc. , STATE OF G c.f oQ,k�q . MY C"I5SI01IUP IRE ATTACHMENT D -- PEACOCK GAP NEIGHBORHOQD ONE -B OWNER'S CERTTF'ICATE ?,e p f, 6 0 k- C Of i �pe.�,��� C I ATTACHMENT C -- SKETCH SHOWING SLOPE AND POSSIBLE NEW PARCEL LINE Orddr No. Escrow No. Loan No. WHEN RECORDED MAIL TO: c 1TY cvr SAN KAPIN's II -- �E"pT'• PVBtrlitC. WORKS P o . PAX G -C) RA rA-S7L—/ (ZA. '�14`l ►5 A,7T[ 3: oVL--FIll CC- %-r1 Q1Nb'Gr- MAIL TAX STATEMENTS TO: Marcia Lucas Rodrigues c/o Richard Tong Spicer & Oppenheim 100 Bush St., Ste. 600 San Francisco, CA 94104 99 56079 RECORDED AT REQUEST Of AS SHMN 1989 SEP 26 PH (. 30 P FIC L RFECO%OS JMARIN COUNTY CALIFORNIA JAMES J. DAL BON No Fee GCO103 SPACE ABOVE THIS LINE FOR RECORI�DEER',S USE DOCUMENTARY TRANSFER TAX$....../..':�l.i:...�............... ..... Computed on the consideration or value of property conveyed: OR ...... Computed on the consideration or valueless liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax -- Firm Name GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of San Rafael hereby GRANT(S) to Marcia Lucas Rodrigues, a married woman, as her separate property, the real property in the City of San Rafael County of Marin State of California, described as set forth in Attachment A. This Grant Deed is being recorded to memorialize a lot line adjustment, approved by the City Council of the City of San Rafael by Resolution No. 8020 on August 21, 1989, so that Lot 2, as delineated on the Parcel Map entitled, "Parcel Map of Peacock Gap Neighborhood One A Portions of 2110 O.R. 549 in the City of San Rafael, California" filed March 19, 1982 in Book 20 of Parcel Maps at Page 22, Marin County Records, shall hereafter be as denoted on the Deed Plat attached as Attachment B. DatPri September 25, 1989 It I STATE OF CALIFORNIA )ss. COUNTY OF 1 On before me, the undersigned, a Notary Public in and for said State, per- sonally appeareri personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same. WITNESS my hand and official seal. Sig Doe er,•w yor 1, ATTEST: JCA ne M. �-' on , -.->ty X1 erk (r (This area for official notarial seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE 1002 (6/82) 89 56079 DESCRIPTION All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: Beginning ac the Southwesterly corner of Lot 2 common to Lot 3 and Lot 4 as delineated on the Parcel Map entitled "Parcel Map of Peacock Gap Neighborhood One A Portions of 2110 O.R. 549 in the City of San Rafael,California" filed March 19, 1982 in Book 20 of Parcel Maps at Page 22, Marin County Records, thence from said Point of Beginning along the common line -to said Lot 2 and Lot 4 South 57°46'03" East 135.73 Feet, thence leaving said common line South 77°45'40" West 12.13 Feet, thence North 77°16'51" West 56.83 Feet, thence North 37°16'24" West 78.48 Feet to the Point of Beginning. STATE OF CALIrORNIA ) SS. COUNTY OF MARIN ) On this 25th day of SEPTEMBER , 1989 , before me, JEANNE M.. LEONCINI, a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personnaly appeared DOROTHY L. BREINER , personally known to me .n-t.sa_ti_sfact0_ry evTdencej to be the Vice 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. 2�2p /h . JEAW--M. LrONCINI, NOTARY PUBLIC in and for said County and State OFFIGIAL SEAL 1EANNE M. LEONCINI NOTARY PUBLIC - CALIFORNLA ' MARIN COUNTY yvMY Comm. Expiros Nov. 29, 1991 , 1400 - 5th Ave., P.O. 0 60 0 San Ra aef I, CA 94915-0060 Ig'.08 X00 v �� �yQD O � o° N � � L Q m � P� OL a � � �1. Q Ig'.08 X00 v �� �yQD O � o° N � � L Q m � P� OL �1. Q �yQD o° ti �h ,O P� �1. Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: C% -t' `r of SL�.1J i A rpb%E L.. nom-, . of Pul3wc c�.�oczr,c�S P.O. BOX X00 SA•ki R.AFA•r= 1. f CA 4a 1S �'T'TN; ©Tri►C� �N6�OJ�tZ MAIL TAX STATEMENTS TO: RECORDED AT REQUEST Of A17Lvb0 SHOWN 1989 SEP 26 R is 30 OFFICIAL RECORDS ` ikRIN COUNTY CALIFORNIA JAMES J. DAL PON No Fee GC6103 89 56078 SPACE ABOVE THIS LINE FOR RECORDF,,R'S USE DOCUMENTARY TRANSFER TAX$.../..!leA14- ......................... ... . Comni.ted on the consideration or value of property conveyed; OR ...... Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax — Firm Name GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Marcia Lucas Rodrigues, hereby GRANT(S) to City of San Rafael the real property in the City of San Rafael State of California, described as County of Marin set forth on Attachment A. This Grant Deed is being recorded to memorialize a lot line adjustment, approved by the City Council of the City of San Rafael by Resolution No. F&4 0 on August 21, 1989, so that the new boundary line between Lots 2 and 4, as delineated on the Parcel Map entitled, "Parcel Map of Peacock Gap Neighborhood One A Portions of 2110 O.R. 549 in the City of San Rafael, California" filed March 19, 1982 in Book 20 of Parcel Maps at Page 22, Marin County Records, shall hereafter be as denoted on the Deed Plat attached as Attachment B. Dat -r! 9/15/89 ) STATE OF CALIFORNIA )ss. COUNTY OF San Francisco ) On September 15, 1989 before me, the undersigned, a Notary Public in and for said State, per- sonallyappearad Marcia Lucas Rodriaues --------------------------------------- personally known to me (or proved to me on the basis of satisfactory orf _ 4WICAL SIAL evidence) to be the person(Q whose nam,-tr.) ishvx subscribed to the BAPSAM J. BENNM ' Now rwb-caliomle ' within instrument and acknowledged to me that)bs/she/tbpWxecuted 8M1 FPAW W COUNTY ' the same. �iCRtllh ?� 1� t WITNESS my hand and official seal. r (This area for official notarial seal) Signature_ 1002 (6/82) MAIL TAX STATEMENTS AS DIRECTED ABOVE 89 56078 DESCRIPTION All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: Beginning at the Southeasterly corner of Lot 2 said corner being common to Lot 4 and the Lands of Marin Municipal Water District recorded in Book 1053 of Official Records at Page 578 as delineated on the Parcel Map entitled "Parcel Map of Peacock Gap Neighborhood One A Portions of 2110 O.R. 549 in the City of San Rafael,California" filed March 19, 1982 in Book 20 of Parcel Maps at Page 22, Marin County Records., thence from said Point of Beginning along the common line to said Lot 2 and Lot 4 North 57°46'03" West 77.27 Feet, thence leaving said common line North 77045'40" East 74.27 Feet to the said Lands of Marin Municipal Water District, thence South 07013'30" West 57.41 Feet to the Point of Beginning. Attachment A Q Q o� N N 1:ZN o N Q 60iL U141."77 41.n � ,�O lzr- -) �, ,lli'08 ,00 v Q °o � , O m � o � � Q Q o� N N 1:ZN o N Q 60iL U141."77 41.n � ,�O lzr- -) �, ,lli'08 ,00 v � , O m � O R Q: