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Home My WebLink AboutCC Resolution 7798 (Smith Ranch Hills Development Agreement)RESOLUTION NO. 7798 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 Hills Development Agreement) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY RESOLVE AS FOLLOWS: The 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 Parnership, 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 15th day of August, 1988, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None po- J NLS' M. LEONCI , City C erk ORD, ff;IN �79y WHEN RECORDED MAIL CERTIFIED COPIES TO: J GREENE, RADOVSKY, MALONEY & SHARE Spear Street Tower, Suite 4200 One Market Plaza San Francisco, CA 94105 Attn: Thomas M. Feldstein, Esq. CERTIFICATE OF COMPLIANCE Issued by the City Council of the City of San Rafael ("City"), a municipal corporation of the State of California, as of Auqust 15 , 1988. RECITALS Tishman Speyer rlediq Marin Limited Partnership, a California Limited Partnership ("TSP") 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 E:•:hibit A, attached hereto and incorporated herein by this reference. The Property is subject to the terms of a certain Development Agreement ("Development Agreement") entered by and among the City, Medical Retirement Communities, Inc., a California corporation ("MRC"), Sagra, Inc., a California corpo- ration ("Sagra"), an affiliate of MRC (MRC and Sagra, jointly the "Original Owners"), and Marin Housing Development Corporation ("MHDC"), a California public benefit corporation, dated as of June 3, 1985 and recorded September 10, 1985, as Instrument No. 35039085, Official Records of Marin County, California. TSP acquired all of the Original Owners' right, title and interest in and to the Property and the Development Agreement on August to , 1987, which assignment was consented to by the City on August 8, 1987. r . e . /41_273/tmf/ 0802 cert- of compliance 7//28/188 AGENCY SHOWN T THE STA�sf • r! •I� ti n il� lit � •:ctrl RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: ' City of San Rafael 1400 Fifth Avenue P.O. Box 60 San Rafael, CA 94915-0060 WHEN RECORDED MAIL CERTIFIED COPIES TO: J GREENE, RADOVSKY, MALONEY & SHARE Spear Street Tower, Suite 4200 One Market Plaza San Francisco, CA 94105 Attn: Thomas M. Feldstein, Esq. CERTIFICATE OF COMPLIANCE Issued by the City Council of the City of San Rafael ("City"), a municipal corporation of the State of California, as of Auqust 15 , 1988. RECITALS Tishman Speyer rlediq Marin Limited Partnership, a California Limited Partnership ("TSP") 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 E:•:hibit A, attached hereto and incorporated herein by this reference. The Property is subject to the terms of a certain Development Agreement ("Development Agreement") entered by and among the City, Medical Retirement Communities, Inc., a California corporation ("MRC"), Sagra, Inc., a California corpo- ration ("Sagra"), an affiliate of MRC (MRC and Sagra, jointly the "Original Owners"), and Marin Housing Development Corporation ("MHDC"), a California public benefit corporation, dated as of June 3, 1985 and recorded September 10, 1985, as Instrument No. 35039085, Official Records of Marin County, California. TSP acquired all of the Original Owners' right, title and interest in and to the Property and the Development Agreement on August to , 1987, which assignment was consented to by the City on August 8, 1987. r . e . /41_273/tmf/ 0802 cert- of compliance 7//28/188 N California Government Code Section 65865.1 reQuires annual review by the City or 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 TSP 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 HEREBY DOES FIND AND DETERMINE AS FOLLOWS: Section 1. Findinq. The actions, programs of public works construction, economic investments, policies, and real property development activities undertaken by TSP and described by TSP to the City in a public hearing dated August 15, 1988, are hereby found to comply with the terms of the Development Agreement. Section 2. Determination. For the interval commencing with July 15, 1987 and ending August 15, 1988, TSP 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 exe.;uted and acknowledged. ATTEST: Jeurne M. Leoncii, City Clerk APPRO�IED AS TO FORM: C_7 Gary T. iaggh; anti, City Attorney 2 CITY: CITY OF SAN RAFAEL, a municipal corporation awrence E. Mulryan, Mayor STATE OF CALIFORNIA ) )ss. COUNTY OF MARIN } On this .1 7tj� day of . AUGUST IVotar1 n Public year 1988, before me, JEANNE M. LEONCINI Y and for the State of California, personally appeared LAWRENCE E. MULRYAN, known to me to be the 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 first above written. OF-KCIAL SEAL t4OTA,'YPuC:iIC-CALIFORNIIA l"art' V' INi;Ddre3 LINNov 29, 1991 PA. Oct C ,. ; ? ac , CA 94915-0050 (SEAL) I(J NOTARY PU13L\IC In and for the State of California My Commission Expires: Nov. 29, 1991 3 The land referred to in this policy is situated in the State of California, County of Marin, City of San P•afael and is described as follows: • LOT 53, as shown in solid lines upon that cert-ain parcel map entitle], "Parcel clap of Lot Line Adjustment - Lots 5, 12 and Parcel C, Smith Ranch - Nortl-,erly Portion - 17 R.M. 39 - 21 P.M. 88, San Rafael, Marin County, California," filed for record July 30, 1986 in Volu,Tne 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 30 24' 24" East, 40.93 feet; and "North 510 28' 36" West, 1207.39 feet" as shown and delineate -d an the exterior boundary of that certain map entitled, "Parcel ;-ap of Lot Line Adjustment - Lots 5, 12 & Parcel C, Snith 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 northeast corner of Lot 5B, as showR-i on said Parcel Map (23 PM 46) ; thence alor;g the exterior bounjary of said Lot 5B (23 PM 46) the followirg courses and distances: South 30 24' 24" Wast, 40.93 feet; thence South 70 36' 2,1" ;-rest, 299.03 feet; thence southwesterly along a tangent curve to the right, having a radius of 2777.78 feet, through a central angle of 20 15' 02", an arc length of 109.11 feet; thence southraesterly along a ccmpound curve to the right wTios= center bears North 80° 08' 34" west, having a radius of 1265.45 feet, through a central angle of 90 58' S8', an arc length of 20.48 feet; thence South 19 50' 24" 1•r=st, 631.53 feet; thence South 26 37' 52" West, 84.57 fowesterly thence esterly alorr3 a curve to the left whose center bears South 2 06' 16" lest, haviDg a radius of 850 feet, through a central angle of 70 39' 57", an arc length of 113.73 feet; thence North 7° 53' 21" East 14�.05 Leet; thence North 330 2G' 30" East, 190.01 feet; thence North 19 50' 24" toast, 435.59 feet; thence northeasterly along a tangent curve to the left, having a radius of 1165.45 feet, through a central angle of 90 58' 58`°, an arc length of 203.06 feet; thence northeasterly along a ccmr»un:j curve to the left whose center bears north 80° 08' 34" j -,'-est, having a radius of 2677.78 feet, through a central angle of 20 15' 02", an arc length of0105.18 feet; thence North 330 00' 00" Piest6 320.966 feet; thence North 74 00' 00" West 86.85 feet; thence South 70 00'00" West, 175.00 feet; thence North 416 00'00" 160.00 feet; thence North 80 00'00" t°;est, 295.00 feet; thence North 290 00'00" VIest 120.00 feet; thence r;orth 38° 31' 24" Gast, 71.48 feet; thence North 480 25' 56" lest, 27.39 feet; thence North 380 31' 24" Last, 71.33 feet- and thence South 510 28' 36" Gast, 894.25 feet to the Point of Ber3inning. All of the for&&:oing being the sam-i real orogerty designated as Lot 5B, as sho,;n on that certain certif.ird survey (Job No. 124-087), datrd February 25, 1983, prepared by Oberkarnper and Associates, Civil Engineers, Inc., Sari Rafael, California. EXHIBIT A