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Home My WebLink AboutCC Resolution 7148 (Kerner Blvd Assessment District)RESOLUTION NO. 7148 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING CONVEYANCE OF REAL PROPERTY AND AUTHORIZING EXE- CUTION OF RIGHT-OF-WAY CONTRACT - KERNER BOULEVARD ASSESSMENT DISTRICT, SAN RAFAEL, CALIFORNIA (A.D. NOS. 9, 10, AND 25) 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 adop- tion of this resolution and close of escrow. 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 Fred C. Grange AKA Frederick C. Grange, which specifically sets forth the terms and conditions of said conveyance. I, JEANNE M. LEONCINI, City 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 5th day of August, 1985 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli -ae.w� E /Ij . to I JEA3�T LEONCIN, City Clerk T � fi '�--L1� n.. RIGHT OF WAY CONTRACT CITY OF SAN RAFAEL This Contract made and entered into this /JZh�day of ,_1, , 198 by and between FRED C. GRANGE also known as FREDRICK C. GRANGE, an unmarried man hereinafter called "Grantor(s)" and City of San Rafael, hereinafter called "City". A copy of Document 127203 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 $56,000.00 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 OF 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. #LTi E6T 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 DATED: August 5, 1985 by . A _ Approved as to form: Grantor(s) /' FRED C. GRANGE AKA - FRIEDRICK C. GRANGE 0 -der No. 127203 Escrow No. Loan No. WHEN RECORDED MAIL TO: MAIL TAX STATEMENTS TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE same as above DOCUMENTARY TRANSFER TAX $,...,,,�Qn_121a.. Computed on the consideration or value of property conveyed; OR •..... Computed on the consideration or value less liens or encumbrances remaining at time of sale, signature of Declarant or Agent determining tax — Firm Name First American Title Company GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, FRED C. GRANGE also known as FREDRICK C. GRANGE, an unmarried man hereby GRANT(S) to CITY OF SAN RAFAEL, a Public Corporation the real property in the City of County of Marin San Rafael State of California, described as SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF I C: W I E I U o f= C Ca U y E c LL N a� c I N m 0 0 0 Cl) I STATE OF CALIFORNIA Iss. COUNTY OF _ Mari n. I On,IulY .19-o-1985 , before me, the undersigned, a Notary Public in and for said State, personally appeared. _ Edward Dunn _ _ , personally known to me (or proved to me on the basis of the oath of_ a credible witness who is personally known tome) to be the person whose name is subscribed to the within instrume ,as a witness thereto, who being by me duly sworn, deposed and said: That he/she resides in—Mar in COu-t_/,__ Ca._ that he/she was present and saw —F�edB%ick- C-. 6raT!ge Official Seol personally 1l /' T . 1e_NUNlcnM known to him/her to be the same person(s) described in and who ('' ' 1 N ,Yry Funuc executed the within instrument, as a party(ies) thereto, sign, seal \` t.` or;.i Cou ltY and deliver the same and that said party(ies) duly acknowledged C 1 L-'- _I C. --."rnlo in the present al aMY Comm. Etip,ros Apr�s that he/she/they executed the 'l 8 1988 same, and that aid affiant, the, upon at the party's(ies') request, ��r�� _�� r 7J� subscribed his/h \name as a witness thereto. WITNESS m_ y hand Official seal. ature_._ _\� _ _ _- _ _ _ (This area for official notarial seat) Dated October , 1984 STATE OF CALIFORNIA ) FRED C • GRANGE AKA FREDRI COUNTY OF )ss. GRANGE . GRANGE On before me, the undersigned, a Notary Public In and for said State, per- sonally appeared FRED C. GRANGE also known as FREDRICK C. GRANGE personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same. WITNESS my hand and official seal. SignaturA (This area for official notarial seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE 1002 (6/82) 'nll that certain real p—perty situate in the City of Sar Rafael, County of Marin, State of California, dL ribed as follows: Beginning at the most westerly cornea- of the parcel described in deed from Martin Kamp, as trustee, to Fred C. Grange, recorded April 6, 1972 in Volume 2556 of Official Records at Page 27, Marin County Records at the intersection of the courses "South 38046'West, 650 feet" and "South 51°14' East, 100.0 feet", as described in said deed (2556 OR 27) ; thence along the northwesterly boundary of said deed (2556 OR 27) North 37032'42" East, 421.25 feet to the true point of beginning; thence along said northwesterly boundary (2556 OR 27) North 371)32'42" East, 70.00 feet, thence leaving said northwesterly boundary South 52027'18" East, 100.00 feet to the southeasterly boundary of said deed ( 2556 OR 27) ; thence along said southeasterly boundary (2556 OR 27) South 37°32'42" West, 70.00 feet; thence leaving said southeasterly boundary North 52027'18" West, 100.00 feet to the true point of beginning. Containing 0.1607 acres more or less. 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