Loading...
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