HomeMy WebLinkAboutCC Resolution 7572 (Smith Ranch Hills)RESOLUTION NO. 7572
A RESOLUTION AUTHORIZING THE SIGNING OF A
DEVELOPMENT AGREEMENT COMPLIANCE AGREEMENT AND
ASSIGNMENT OF PROPERTY OWNERSHIP
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 compliance certificate
regarding the Smith Ranch Hills development agreement and
regarding a reassignment of property ownership for said project,
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,
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 20th day of July, 1987, by the following
vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
DISQUALIFIED: COUNCILMEMBERS: Frugoli (Due to business connections)
JEANNE .�EONCINI�tyC
Cl. r�
H
CD �<
•• n
f 7;
RECORDING REQUESTED BY AND
WHEN RECORDED, RETURN TO:
City of San Rafael
1400 Fifth Avenue
P.O. Box 60
San Rafael, CA 94915-0060
Attn: Ms. Jeanne M. Leoncini
City Clerk
WHEN RECORDED MAIL CERTIFIED
COPIES TO:
FOR RECORDER'S USE ONLY:
RECORDED AT REQUEST OR
AS SHOWN
1981 JUL 29 P14 2: 00
OFFOAL RECORDS
Mr,R1,'1 COU"4TY CALIi ORh'1k
i.el;-� � nh� Dr1FJ
C'J
Brobeck, Phleger & Harrison
Spear Street Tower
One Market Plaza
San Francisco, CA 94105
Attn: Douglas B. Aikins, 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 July20, 1987.
RECITALS:
WHEREAS, the real property ("Property"), located
within the City of San Rafael, County of Marin, State of
California, and further described in Exhibit A, attached
hereto and incorporated by this reference, is owned by
Medical Retirement Communities, Inc. ("MRC"), a California
corporation, and is subject to the terms of the Development
Agreement ("Development Agreement") entered by and among the
City; MRC; Sagra, Inc. ("Sagra"), a California corporation
and an affiliate of MRC (MRC and Sagra hereinafter are
collectively referred to as "Current Owners"), and Marin
Housing Development Corporation ("MHDC"), a California
public benefit corporation, dated as of June 3, 1985 and
recorded September 10, 1°=5. as Instrument No. 85039085,
Official Records of Mar;.r California;
R559-26-W23Ju187/a
r-qr�p "% A
WHEREAS, the Current Owners propose to assign all
of their respective rights, title and interest in and to the
Development Agreement to Lewis W. Douglas, Jr.
("Developer'), an individual, and Smith Ranch Corp., a
California corporation, and the City and MHDC propose to
consent to the assignment;
WHEREAS, California Government Code Section 65865.1
requires annual review by the City of compliance with the
Development Agreement in accordance with the procedures
established by the City; and
WHEREAS, the City has received substantial factual
evidence of good faith compliance by the Current Owners and
Developer 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. Finding. The real property development
activities undertaken by the Current Owners and Developer,
and described by Developer to the City at a public meeting
held on July 6, 1987, hereby are found to comply with the
terms of the Development Agreement.
Section 2. Determination. For the interval
commenci..g with the original approval date of the Develop-
ment Agreement and ending July20, 1987, the Current Owners
R559-26-M/23Jul87/a
and Developer have complied with the terms of the Devel-
opment Agreement.
IN WITNESS WHEREOF, the City Council of the City of
San Rafael has caused this Certificate of Compliance to be
duly executed and acknowledged.
"City"
CITY OF SAN RAFAEL,
a municipal corporation
By-:'cz� z �� �. L c..��C x�
Mayor
Attest:
Je inP6 M. Leonci i, Ci y Clerk
Apprg9ved as,/�l 'orm:
Gary T.'Ragghianti', City Attorney
I
3.
R559-26-W23Jul87/a
STATE OF CALIFORNIA
ss.
COUNTY OF MARIN
On this 25th day of JULY , in the year
1987, before me, JEANNE !4. LEONCINI , Notary Public in
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 day and
year in this certificate first above written.
oi F -- t- L S1. t L
JEANNIF Mi. LE0114CINI
—NOTAPUB IC
In an for the State of California
0,1. 27, 1QS7
My Commission Expires:October 27, 1987
(SEAL)
4. K559 -26-M
RECORDING REQUESTED BY FOR RECORDER'S USE ONLY
SMITH RANCH CORP.
WHEN RECORDING MAIL TO:
Robert A. Crooks, Esq.
Brobeck, Phleger & Harrison
Spear Street Tower
One Market Plaza
San Francisco, California 94105
GRANT DEED
FOR VALUE RECEIVED, MEDICAL RETIREMENT COMMUNITIES,
INC. ("Grantor"), a California corporation, grants to SMITH
RANCH CORP. ("Grantee"), a California corporation, all that
certain real property and improvements thereon ("Property")
located in the County of Marin, State of California subject
to the items set forth below. The Property is more
particularly described in Exhibit A attached hereto and
incorporated herein by this reference.
This Grant Deed is made and delivered subject to
the liens, easements, rights of way, covenants, conditions
and restrictions set forth in Exhibit B attached hereto.
1. K447 -85-K
IN WITNESS WHEREOF, Grantor has executed this Grant
Deed this day of , 1987.
"Grantor"
MEDICAL RETIREMENT COMMUNITIES,
INC., a California corporation
By:
Name:
Title:
Date:
2. K447 -85-K
EXHIBIT A
All that certain real property situated in the City
of San Rafael, County of Marin, State of California,
described as follows:
Lots 12, 5A and 5B as shown on that
certain Parcel Map entitled, "Parcel Map
of Lot Line Adjustment -- Lots 5, 12 &
Parcel C, Smith Ranch -- Northerly Por-
tion -- 17 R.M. 39 -- 21 P.M. 88", filed
for record July 30, 1986 in Book 23 of
Parcel Maps at Page 46, Marin County
Records.
K7221-11-F/17Jul87/a
EXHIBIT B
1. TAXES: County of Marin and City of San Rafael taxes for the fiscal year
1987-88, including personal property taxes, if any, now a lien, but not
yet due or payable.
The herein described property will be assessed for the fiscal year
1987-88 under Assessor's Parcel Numbers 155-251-11, 41, 44, 47, 49, 50
and 52.
2. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5
COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE.
3. BOND: Bond under Smith Ranch Road.
ORIGINAL AMOUNT: $100,669.27, plus interest payable over 20 years.
REMAINING PRINCIPAL BALANCE: $55,368.06, plus interest payable over 11
more years.
AMOUNT TO PAY IN FULL: $59,961.10, on or before December 31, 1987.
BOND NO. 7 ASSESS,%IENT NO. 6
(The above information is an estimate furnished this Office by the
County Treasurer's Office.)
(Affects Assessor's Parcel Nos. 155-251-40 & 41.)
4. EASEMENT: Easement 2 feet in width for installation and nainteannce of
gas pipeline crossing Easterly portion of Lot 5B, together with
appurtenances and rights incidental thereto, as conveyed by Sam & Frieda
Smith, et al to Pacific Gas & Electric Company, by instrument recorded
:larch 7, 1949 in Book 608 of Official Records, at Page 303, Marin County
-ecords.
Said easement is also shown on the filed parcel map referred to herein.
5. EASC4ENT: Easement 30 feet in width for installation and maintenance of a
gas pipeline crossing Easterly portion of Lot 5B, together with
appurtenances and rights incidental thereto, as conveyed by Frieda Smith,
et al to Pacific Gas & Electric Company, by instrument recorded December
16, 1960 in Book 1422 of Official Records, at Page 371, Marin County
Records.
Said Easement is also shown on the filed parcel map referred to herein.
Ou Conditions as contained therein.
1
Page 1 of 2
6. EASL%TNT: Easement 10 feet in width for sewer purposes crossing Easterly
portion of Lot 5B as embodied in Final Judgment of Condemnation wherein
Las Gallinas Valley Sanitary District was Plaintiff and Edward Smith, et
al were defendants, a copy of which was recorded April 5, 1971 in Book
2450 of Official Records, at Page 169, Marin County Records.
Said Easement is also shown on the filed parcel map referred to herein.
7. AGREEMENT: Agreement made by and between County of Marin and Edward
Smith, et al, pertaining to water use between said parties, recorded June
23, 1976 in Book 3049 of Official Records, at Page 39, Marin County
Records.
Conditions as contained therein.
8. EASEMENTS: A 100 foot reserved roadway strip along the Easterly portion
of Lot 5B, and a "P.G.E." poleline (width undisclosed), as shown on 'Map
of Smith Ranch Northerly portion filed June 9, 1978 in Volumne 17 of ;laps,
at Page 39, and as shown on the Parcel Map herein referred to.
9. TERMS, Covenants and Conditions as contained in that certain Agreement for
future roadway, 60 feet in width over a Northwesterly portion of Lot 12
herein described, made by and between Mary E. Silveira, et al, and
Gallinas Properties, a California Limited Partnership, recorded June 19,
1981 as Recorder's Serial No. 81027328, Marin County Records.
10. TERMS, Covenants, Restrictions, Conditions and Reservations as contained
in the Development Agreement made by and between the City of San Raf-ael,
and Medical Retirement Communities, Inc., Sagra, Inc. and Marin Housing
L�velopment Corporation, recorded September 10, 1985 as Recorder's Serial
No. 85039085, Marin County Records.
page 2 of 2