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HomeMy WebLinkAboutCC Resolution 7810 (Sun Valley Open Space)RESOLUTION NO. 7810 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF THE FOURTH MODIFICATION TO THE JOINT POWERS AGREEMENT BETWEEN THE MARIN COUNTY OPEN SPACE DISTRICT AND THE CITY OF SAN RAFAEL FOR SUN VALLEY OPEN SPACE THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: THE MAYOR AND CITY CLERK are authorized to execute, on behalf of the City of San Rafael, the "Fourth Modification of the Joint Powers Agreement between the Marin County Open Space District and the City of San Rafael for Sun Valley Open Space", a copy of which is hereby attached and by this reference made a part hereof. 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 6th day of September, 1988 by the following vote, to wit: AYES: COUNCILMEMBERS:Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None JEANC M: LEONCINI, Nity Clerk ORIGINAt -7 d/6 CITY OF SAN RAFAEL MARIN COUNTY OPEN SPACE DISTRICT FOURTH MODIFICATION TO JOINT POWERS AGREEMENT THIS FOURTH MODIFICATION made this 6th day of September , 1988, by and between the MARIN COUNTY OPEN SPACE DISTRICT, a public district, hereinafter referred to as "DISTRICT" and the CITY OF SAN RAFAEL, a municipal corporation, hereinafter referred to as "CITY"; W I T N E S S E T H: The DISTRICT and CITY heretofore entered into a Joint Powers Agreement, dated July 2, 1984 and Modifications thereto dated January 21, 1985, August 20, 1985 and August 9, 1988, for the purpose of jointly purchasing certain lands in the Sun Valley area of San Rafael; and WHEREAS, the parties desire to modify said agreement a fourth time for the purpose of acquiring an additional parcel of land and maintenance access easement, and for providing for the management thereof; NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: A. CITY shall purchase a portion of that parcel of land known as Assessor's Parcel 10-041-40, as des- cribed in Exhibit "A". Title for the parcel shall be held by the City of San Rafael. B. The CITY shall also be the sole purchaser of a mainte- nance access easement across those lands known as Assessor's parcels 10-041-40 and 10-312-22, as des- cribed in Exhibit "B". This easement shall be held by the City of San Rafael. This easement will allow maintenance access from Maywood Way into the aforemen- tioned parcel to be acquired as well as other open space parcels previously purchased under the terms of this Agreement. C. DISTRICT shall reimburse CITY for one-half the acquisition costs for the above -referenced property. This amount shall not exceed $10,917. �0 pl- D. CITY shall hold full maintenance and management responsibility for the above—referenced properties described on Exhibit "A" and "B", and shown on Exhibit "C", once purchased. CITY: CITY OF SAN RAFAEL Mayor ATTEST: CitfjCaerk Date: q1 t / APPROVW AS TO FORM: i City/Attorney STATE OF CALIFORNIA ) COUNTY OF MARIN ) DISTRICT: MARIN COUNTY OPEN SPACE DISTRICT President, Board of Directors ATTEST: Secretary Date Jn this 7th day of September , 1988, before me, A. M. MARCOTTE, a Notary 'ublic in and for the said County and State, residing therein, duly commissioned and ,worn, personally appeared Lawrence E. Mulryan , personally known to me or proved to me on the basis of satisfactory evidence) to be the Mayor of the City if San Rafael that executed the within document and acknowledged to me that City of ,an Rafael did execute the same. N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the ay and year in this certificate first above written. OFFICIAL SEAL A.M. MARCOTTE ; NOTARY PUBLIC•CALIFORNIA Pfflcw office in MARINCourriy ' M. MARCOTTE, NOTARY PUBLIC in and for Abo0f"""sionecp1°` X01 6, 1991 aid County and State. DESCRIPTION FOR PROPOSED PROPERTY ACQUISITION Beginning at the Southwest corner of Lot 20, as shown on the map of Rafael Highlands, Unit Two, recorded in Book 9 of Yaps, page 13, Marin County Records; said point of beginning is also the most Westerly corner of Lot 19 of said Map of Rafael Highlands, Unit Two and the most Northerly corner of Parcel 3 as shown in Book 6 of Surveys, Page 87, Marin County Records; thence, S 12039100" B, along the Southwesterly line of said Lot 19, a distance of 150.00 feet; thence S 30012100" B, along the Southerly line of said Lot 19, a distance of 47.00 feet; thence S 55024100" B, along the Southerly line of said Lot 19, a distance of 42.10 feet; thence, S 62010125" W, a distance of 88.41 feet to a point on the Westerly line of Parcel 3, as shown on the Record of Survey of R.C. Roberts property, recorded in Book 6 of Survey, Page 87, Marin County records; thence N 0011100" W, along the westerly line of said Parcel 3, 23.46 feet; thence, N 31058100" W, along the Westerly line of said Parcel 3, a distance of 58.50 feet; thence, N 5046100" B, along the Westerly line of said Parcel 3, a distance of 179.98 feet to the point of beginning. This property contains 9,576.40 square feet. EXHIBIT "A" EASEMENT - PARCEL 1 BEGINNING at the most Northerly corner of Lot 22, as shown on the map entitled, "Map of White Oaks, Unit Two", filed for record November 24, 1961 in Volume 11 of Maps, at page 3, Marin County Records; thence along the Northeasterly line of said Lot 22, South 61 51' 17" East 17.90 feet to the True Point of Beginning; thence along a curve to the left whose senter bears South 61 51' 17" East 70 feet; through an angle of 40 52' 17" an arc distance of 49.93 feet; thence leaving said Northeasterly line; North 530 09' 55" West 41 48 feet to the Northwesterly line of said Lot 22, thence North 62b 01' 42" West 88.99 feet; thence along a curve to the left whos8 center bears North 27 58' 18" East 85 feet through a8 angle of 23 19' 56" an arc distance of 34.62 feet, thence South 85 21' 38" East 82.10 feet to the true point of beginning, containing 2,092.67 square feet. EASEMENT - PARCEL 2 BEGINNING at a point on the Southerly line of Lot 18, as shown on the map entitled, "Map of Rafael Highlands, Unit Two," filed for record January 20, 1956 in Volume 9 of Maps, at p$ge 13, Marin County Records; said point being distant thereon, South 74 53' 00" West 153.00 feet from the most Easterly 0corner of said Lot 18; thence leaving said Southerly line South 4 08' 54" East 70.67 feet to the true point of beginniDg; thence running along a curve to the right whose center bears South 0 01' 07" East 160 feet through $n angle of 25 04' 35", an arc distance of 70.03 feet; thence South 64 56' 32" East 14.92 feet; thence alongoa curve to the right having a radius of 65 feet, through 0an angle of 42 03' 32", an arc distance of 47.71 feet; thence South 22 53' 00" East 26.32 feet; thence along a curve to the left having a radius of 55 feet through an angle of 62° 28' 38" an arc distance of 59.97 feet; thence South 850 21' 38" East 80.08 feet to the Northwesterly line of Maywood Way, as shown on the map entitled, "Map of White Oaks, Unit Two," filed for record November 24, 1961 in Volume 11 of Maps, at p$ge 3, Marin County Records, thence along said Northwesterly line South 36 50' 05" West 27.01 feet to the most Northerly corner of Lot 22 of said Map of White Oa6s Unit Two; thence along the Northeasterly line of said Lot 22, South 61 51' 17" East 17.90 feet; thence leaving said Northeasterly line North 85° 21' 38" West 82.10 feet; thence along a curve to the right hav- ing a radius of 85 feet thrgugh an angle of 62 28' 38" an arc distance of 92.69 feet; thence North 22 53'00" West 26.32 feet; thence a�ong a curve to the left having a radius of 35 feet through an angle of 42 03' 32" an arc distance of 25.69 feet; thence North 640 56' 32" West 14.92 feet; thence along a curve to the left having a radius of 130 feet, throggh an angle of 24 06' 19" an arc distance of 54.69 feet; thence North 4 12' 59" W 30.10 feet to the true point of beginning; containing 8,692.70 square feet. EXHIBIT 613" EASEMENT - PARCEL 3 Beginniag at the Northwest corner of "Easement - Parcel 2"; thence South 4 12' 59" East, a distance of 30.10 feet to the Southwest corner of said "Easement - Parcel 2"; thence along a curve to the left, the center of which bears South 0° 57' 9" West 130.00 feet through an angle of 0° 58' 16", an arc distance of 2.20 feet; thenge South 89 58' 53" West, a distance of 16.98 feet; thence S 83 13' 18" West, a distance of 66.39 feet; then&e North 81 26' 45" West, a distance of 98.88 feet; thence North 11 30' 00" West, a distance of 38.54 feet to the Southerly boundary of the Parcel to be acquired by the City of San Rafael, as shown on the plat entitled, "Property Acquisition, a portion of Parcel 3 of Book 6 of Survey, Page 87, by John W. Hill and Associgtes, dated June 6, 1988; thence along said Southerly line North 62 10' 25" East, a distance of 31.26 feet; thence, leaving said Southerlg line South 11 30' 00" East, a distance of 26.34 feet; thgnce South 81 26' 45" East, a distance of 73.85 feet; thgnce North 83 13' 18" East, a distance of 64.12 feet; thence North 89 58' 53" East, a distance of 18.75 feet to the point of beginning, contain- ing 6,090.81 square feet. EXHIBIT "B"