HomeMy WebLinkAboutCC Resolution 7811 (Open Space Parcel and Access Easement)RESOLUTION NO. 7811
RESOLUTION AUTHORIZING THE SIGNING OF A
PURCHASE AGREEMENT WITH HOWARD & KAREN FOSTER
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, a Purchase Agreement with Howard
and Karen Foster for the acquisition of an open space parcel and
access easement, 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
J AN'k-M. LEONCINI ,\ City Clerk
ur'RIC-INAI 10
PURCHASE AGREEMENT
CITY OF SAN RAFAEL
This Agreement made and entered into this 61h day of September
1988 by and between HOWARD FOSTER and KAREN FOSTER, his wife, hereinafter
called "GRANTORS" and CITY OF SAN RAFAEL, hereinafter called "CITY".
WHEREAS, GRANTORS are the owners of that certain real property
situated in City of San Rafael, County of Marin, State of California, more
particularly described in Exhibit "A" and shown by map on Exhibit "B" and
Exhibit "C" attached hereto and incorporated herein by the reference and
WHEREAS, it is necessary for CITY to acquire said property for Open
Space purposes and acquire permanent easement rights for access and main-
tenance purposes over that property described in said Exhibit "A" and
shown on said Exhibit "B" and Exhibit "C".
WHEREAS, GRANTORS are willing to sell and provide access to said
property described in said Exhibit "A" and shown in said Exhibit "B" and
Exhibit "C".
In consideration of which, and other considerations hereinafter set
forth, it is mutually agreed to as follows:
1.(A) CITY will pay GRANTORS the sum of Twenty Five Thousand, Six
Hundred and Eighty Two Dollars ($25,682.00) in consideration for the above
mentioned fee purchase, and permanent access easement.
(B) Said sum is to be paid through escrow for the property interest
therein, as conveyed by Grant and Easement Deed when property vests in the
City free and clear of all liens, encumbrances, assessments, easements and
leases (recorded or unrecorded) and taxes except:
1. Current general and special City and County taxes, if any
1 - k1 -1A °
2. Covenants, conditions, restrictions and reservation of
record, if any.
3. Easement or rights of way over said land for public or quasi
public utility and street purposes, if any.
2. CITY will pay all escrow and recording fees incurred in this
transaction including title insurance and documentary stamp tax if re-
quired. Said fees shall include reconveyance fees, trustees fees or
forwarding fees for any full or partial reconveyance of GRANTOR(S)
mortgage(s).
3. CITY is required, and GRANTORS authorize CITY, to notify the
mortgageesand beneficiaries, if any, of this transaction. All moneys
payable under this contract up to the total amount of unpaid principal and
interest on notes secured by mortgages or deeds of trust, if any, together
with penalty, if any, shall upon presentation of appropriate demands be
payable through escrow to said mortgagees or beneficiaries. GRANTOR(S)
shall be furnished with good and sufficient receipt showing said moneys
have been credited against the indebtedness secured by such encumbrances.
4. GRANTORS warrant that there are no oral or written leases on all
or any portion of said property exceeding a period of one month. Grantors
agree to hold CITY harmless against any and all claims by any tenant of
GRANTORS for any period of time exceeding one month.
5. GRANTORS understand and agree that the access easement as
described in Exhibit "A" and shown on Exhibit "B" covers the existing
driveway area. In the event the driveway area was relocated for any
reason, GRANTORS or their successors or assigns shall provide an access
easement over the relocated driveway area.
6. CITY shall have a period of sixty (60) days from and after execu-
tion of this contract by GRANTOR(S) to accept and execute the same and
said sixty (60) day period shall constitute an irrevocable offer by
GRANTORS to enter into same with CITY.
7. GRANTORS understand and agree that this Purchase Agreement is
contingent upon successful completion of the fourth modification of the
Joint Powers Agreement with County of Marin Open Space District related to
Sun Valley Open Space.
- 2 -
The parties hereto have set forth the whole of their agreement
herein. Performance of this agreement constitutes the entire considera-
tion for said conveyance and shall relieve the CITY of further claims or
obligations on this account.
CITY OF SAN RAFAEL
LAWRENCE E. MULRYAN, Mayor
ATTEST:
JEAINNE M. LEONCINI, City Clerk
APPROV D AS TO FORM:
GARY RAGGHiANN ity Attorney
GRANTOR(S)
HOWARD FOSTER
KAREN FOSTER
- 3 -
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 Baps, 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 ■s shown in Book 6 of
Surveys, Page 87, Marin County Records; thence, S 12939100" E, along
the Southwesterly line of said Lot 19, a distance of 150.00 feet;
thence S 30012'00" B, along the Southerly line of said Lot 19, a
distance of 47.00 feet; thence S 55024100" E, along the Southerly
line of said Lot 19, a distance of 42.10 feet; thence, S 62010125"
VV 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" 8, 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 Re&ords; 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 dista8ce of 49.93 feet; thence leaving
said Northeasterly line; North 53 09' 55' West 41 48 feet to the
Northwesterly line of said Lot 22, thence North 626 01' 42" West 86.99
feet; thence along a curve to the left whosg 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
beginning; thence running along a curve to the right hose center bears
South 0 01' 07" East 160 feet through 8n angle of 25 04' 35", an arc
distance of 70.03 feet; thence South 64 56' 32" East 14.92 feet; thence
along 0a curve to the right having a radius of 65 feet, through an 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 pgge 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 Oa�s 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 "B"
EASEMENT - PARCEL 3
Beginni$g 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 fee '8; thence S 83 13' 18" West,
a distance of 66.39 feet; thenge 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" Eas8, a distance of 31.26 feet; thence,
leaving said Southerly 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 W
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RECORDED AT THE REQUEST OF:
City of San Rafael
THEN RECORDED MAIL TO:
City Clerk
City of San Rafael
P. 0. Box 60
San Rafael, CA 94915-0060
AP * 10-041-40 and 10-312-22
FOSTER/OPEN SPACE
GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged,
HOWARD FOSTER and KAREN FOSTER, his wife, hereby grant to CITY OF SAN
RAFAEL, a Municipal Corporation, the property situated in the City of
San Rafael, County of Marin, State of California and described as
Exhibit "A" attached hereto and made a part hereof.
ACCESS EASEMENT
An access easement over and across Foster's property as described in
exhibit "B" attached hereto and made a part hereof for the purpose of
providing City of San Rafael and or its agents access to open space
areas for maintenance purposes. No permanent structures or obstructions
shall be constructed on said access easement. City of San Rafael does
not assume responsibility for the routine maintenance of said access
easement except to repair any damage directly attributable to use by
City of San Rafael.
Howard Foster
Karen Foster
Dated
DESCRIPTION FOR PROPOSED PROPERTY ACQUISITION
Beginning at the Southwest corner of Lot 20, as shorn on the map of
Rafael Highlands, Unit Two, recorded in Book 9 of Haps, 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" E, 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 Re8ords; 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 dista8ce of 49.93 feet; thence leaving
said Northeasterly line; North 53 09' 55" West 41648 feet to the
Northwesterly line of said Lot 22, thence North 62 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 pgge 13, Marin County Records;
said point being distant thereon, South 74 53' 00" West 153.00 feet
from the most Easterly °corner of said Lot 18; thence leaving said
Southerly line South 4 08' 54" East 70.67 feet to the true point of
beginnip; thence running along a curve to the right hose center bears
South 0 01' 07" East 160 feet through 8n angle of 25 04' 35", an arc
distance of 70.03 feet; thence South 64 56' 32" East 14.92 feet; thence
along a curve to the right having a radius of 65 feet, through an 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 p8ge 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 along 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 "E"
EASEMENT - PARCEL 3
Beginnieg at the Northwest corner of "Easement - Parcel 21; 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 fee6; 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 Associ$tes, dated June 6, 1988; thence along said
Southerly line North 62 10' 25" Eas8, 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"
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