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Home My WebLink AboutCC Resolution 7358 (Kerner Blvd Assessment District)K RESOLUTION NO. 7358 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING CONVEYANCE OF REAL PROPERTY AND AUTHORIZING EXECUTION OF RIGHT OF WAY CONTRACT - KERNER BOULEVARD ASSESSMENT DISTRICT, SAN RAFAEL, CALIFORNIA (A.D. NO 36 - MITIGATION PROPERTY FROM THE DINO AND MARIO GHILOTTI FAMILY TRUST). WHEREAS, the public interest, convenience, necessity and welfare require that the real property hereinafter mentioned be accepted and used for the benefit of the public of the City of San Rafael, California; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael, California, does hereby accept that certain deed for and on behalf of the City of San Rafael and the real property described therein, all as more particularly described and set forth in the attachment hereto and incorporated herein by reference, and said deed is to be duly recorded in the Office of the County recorder of the County of Marin, State of California, forthwith upon the adoption of this resolution. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute, on behalf of the City of San Rafael, the right of way contract with the Dino and Mario Ghilotti Family Trust, which specifically sets forth the terms and conditions of said conveyance. 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 16th day of June, 1986, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli JEAN M. LEONCINI, City Clerk i p i, � p• F �t � � RIGHT OF WAY CONTRACT CITY OF SAN RAFAEL This Contract made and entered into this day of J U N E , 198G by and between THE DINO AND MARIO GHILOTTI FAMILY TRUST hereinafter called "Grantor(s)" and City of San Rafael, hereinafter called "City". A copy of Document 127211 RLT in the form of a Grant Deed is attached hereto and by this refrence is made a part hereof. In consideration of which, and other considerations hereinafter set forth, it is mutually agreed to as follows: 1. City will pay Grantor(s) the sum of 33,000.00 for the property or interest therein, as conveyed in said Grant Deed, when property vests in the City free and clear of all liens, encumbrances, assessments, easements and leases (recorded or unrecorded) and taxes except: a. Current general and special City and county taxes, if any. b. Covenants, conditions, restrictions and reservation of record, if any. c. Easement or rights of way over said land for public or quasi public utility and street purposes, if any. RIGHT Or WAY CONTRACT - Cont. 2. City will pay all escrow and recording fees incurred in this transaction including title insurance and documentary stamp tax if required. Said fees shall not include reconveyance fees, -trustees fees or forwarding fees for any full or partial reconveyance of grantor(s) mortgage(s). 3. City is required, and Grantor authorizes City, to notify the mortgages and 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. Grantor warrants that there are no oral or written leases on all or any portion of said property exceeding a period of one month. Grantor agrees to hold City harmless against any and all claims by any tenant of Grantor for any period of time exceeding one month. 5. City shall have a period of sixty (60) days from and after execution of this contract by Grantor(s) to accept and execute the same and during said sixty (60) day period shall constitute an irrevocable offer by Grantors to enter into same with City. RIGHT OF WAY CONTRACT - Cont. The parties hereto have set forth the whole of their agreement herein. Performance of this agreement constitutes the entire consideration for said conveyance(s) and shall relieve the City of all further claims or obligations on this account. City of San Rafael BY EST BY: �f . "Itppr6ed as r '�Y C Ut I.le_.. �J Grantor(s) THE O 1D MARIO I FAMILY TRUST Richard William G ilotti Michael Mario Ghilotti \J Patrick J. D1O e i 1 Gary E. Notts Burton R. Kirchner Order No, 127211 Escrow No. Lo,in No k%HEN RECORDED A1411 TO ,..AIL TAX STATEMENTS TO same as above .-A. I Ail(SVL 1111- LINE FOR lAEC0nDLR'S USE DOCUMENTARY TRANSFER TAX D . UE E .................... C..P.Wd on ine co—deration cr value of ProPLr1y conveyed, OR ...... Computed an the cat -duration or value less lien-, or encumbrances --in.lj ii, I..— of i.I. Ign 1— -1 Ag.rnd.n.—rnngj.. - F—N.rr.. First American Title Co. GRA14T DEED FOR A VALUABLE CONSIDERATION, receipt of wlitcli is hereby acknoviled(j.-,d. RICHARD WILLIAM GHILOTTI, I-SICH-Z -EL ILARIO GHILOTTI, PATRICK J. PIC NEIL, GARY E. NOTTI and BURTON R. KIRCHNER, Trustees of the D1170 AMD 14ARIO GHILOTTI FAMILY TRUST hereby GRANT(S) to Ti1E CITY OF SAN RATAEL, a Public corporation the real property in it -,E City of San Rafael, Ca. County of 1.1arin , State of California, deEcribcd 05 SEE ZEXHIBIT "A" ATTACHED HERETO PM 1 --ADE A PART HEREOF St 1110, 1. if;,, 0 in 111! '<. t.—r. A. It I ui'IAIt61 W 1"h'i Af 1 0 11 L 01 1 1 Fir, .-1 1. In -11 11 111, 11 ;- —I t, m, I,. h.- M C , . - IN W I I:, V, If I -)II 1,.,: I1,.lnJ :1n;I .111- 11)1 ntjjil SE P I I I IN 1( 17. 1 qw, D r S T -d f, Richar�. gi-iiam iii t Qh 10itti -Patrick j. '— Ga BuIrton R. 1,irchrier OFF -, KAY Y RMERSON V 1R1;krUBLJC t iA mr=PkL orrm. if. LUXINCOUNT, I/ Ceritr.L $Mt Decembe, 7,19H 'X SSSG DWHILL, -'kB0','L l. -that certain real propert situate in the City of San Rai 1, County of �-1rin, State of California, de,cribed as follows: .r; SINNING at the most Northerly corner of the parcel described i.n deed from ancisco Company, a limited partnership to Fairview Lends, Inc., a ~1�rati xon, recorded September 25, 1967 in Volume 2160 of Official Records, P.=, .i-` 162, Marin County rlecords, at the intersection of the course:; "North 46' h_:nt 10118 feet, more or less" and "South 510 15' East 288 feF-?t more less", as described in said deeJ (2160 OR 162); thence along the exterior ndary of said deed (2160 OR 162) South 520 27' 18" East 67.64 feet to the A0 point of beginning; thence continuing along said exterior boundary (2160 162) the following courses and distances: South 520 27' 18" East 210.8'6 t, and thence South 00 04' 00" West 69.75 feet; thence le.avinq sLirl .8'`i iu1 boundary (2160 OR 162) North 730 00' 00" West 46.62 fact; thence -tcrly alonq a curve to the left, tangent to the preceding course, having a iius of 60.00 feet through a central angle of 310 00' 00", an arc lenqth of . ;t; fe�� t; thence South 7G° 00' 00" West 76.00 feet; thence Southa:csterly )n,l a curve to the right, tangent to the preceding course, having a radius 24.0.00 feet through a central angle of 140 00' 00", an arc length of 58.64 t; thence West 37.00 feet; thence Southwesterly along a curve to the left, �3cnt to the preceding course, having a radius of 60.00 feet -through a -:tral angle of 470 00' 00", an arc length of 49.22 feet; thence South 430 0S"' P:ost 30.00 feet; thence Southwesterly along a curve to the left, :t`nt to the precedim course, having a radius of 100.00 feet through a r l anile of 90 00' 00", an arc length of 15.71 feet; thence South 340 G["' W'ost 53.00 feet; thence Southwesterly along a curve to the right, lent to the preceding course, having a radius of 200.00 feet through a tral angle of 170 00' 00", an arc length of 59.34 feet; thence South 510 0;"' Wost 94.00 feet; thence Southerly along a curve to the left, tangent the preceding course, having a radius of 40.00 feet through a central ,1 c of 580 00' 00", an arc length of 40.49 feet; thence South 70 00' 00" `,r .e, fe.Dt; thence Southerly alone a curvR` to thc, right, tangent to th_` c, -)urs.-., having a radius of 6".CC feet through a central angle of ,2' 42" an arc length of 46.65 feet to an ana]e point on said e�:terior gar,. (2160 OR 162) , said point being the mast Easterly corner of PARCEL O_ t! from Staillev Hor'.s-tein, Trustoe, to Fred Grangi=, record;_,] ^.n;). : 14, 1979 in Vulum- 3G=1 of Official Records, at Pane 213, marin i)tv Po7urds, at the intersection of the cJurses "South 510 1.1, ' East 15 M r"' 01 1es,, ;" and "South 38C, 46' 431).71 f -o! ", as des_::1:ei3 In nr,;;::i:L E%X-P ( 3641 ON 213) ; thence along the cmrnon bqundary between seid i tc, Fairview: Lands, Inc. (2160 OR 162) and said PAPCEL FOUR (3611 OR 2.13) 5.-' 27' if"' M.--st 150.00 feet; thence leaving said cornnc_)n boun?ar,: (2160 162 an_7 3641 OR 213) and continuinc, along said exterior boundary of said Lands, Inc., parcel (2160 OR 162) North 370 32' 42" East 582.16 th n._L? leaving said exterior boundary (2160 OR 162) South 84" (110' 0'."" 79.?7 feat to the true point of beginning. EXH, 1pl, i i A q., C", ql- I J O ' _ 40 CL 0) Q ZZ