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HomeMy WebLinkAboutCC Resolution 7149 (Kerner Blvd Assessment District)RESOLUTION NO. 7149 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING CONVEYANCE OF REAL PROPERTY AND AUTHORIZING EXECU- TION OF RIGHT-OF-WAY CONTRACT - KERNER BOULEVARD ASSESSMENT DISTRICT, SAN RAFAEL, CALIFORNIA (A.D. NOS. 7 AND 8) 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 des- cribed 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 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 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 JE NE�.LEONCINI, City Clerk r�� T RIGHT OF WAY CONTRACT CITY OF SAN RAFAEL This Contract made and entered into this ;��` day of 198.5 by and between FREDERICK C. GRANGE. an unmarried roan hereinafter called "Grantor(s)" and City of San Rafael, hereinafter called "City". A copy of Document 127201 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 $56,080.00 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. 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 • MAKO R -JL— DATED: AUGUST 5, 1985 TEST' B Y : _-mac,. A Q5Cu�,,ti. , VC%T`( CLC—'ARK Approved as :o form: Grantor(s) FREDERICK C. CRANGE r O}der No. 127201 Escrow Np. Loan No. WHEN RECORDED MAIL TO: MAIL TAX STATEMENTS TO: same as above SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ ... XONE... RUF................... ...... Computed on the consideration or value of property conveyed; OR ...... Computed on the consideration or value less (lens or encumbrances remaining at time of sale. Signature of Declarant or Agent daterinining tax — Firm Name First American Title Company GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, FREDERICK C. GRANGE . an unmarried man hereby GRANT(S) to CITY OF SAN RAFAEL, a Public Corporation the real property in the City of San Rafael County of Marin SEE EXHIBIT "A" C a E 0 U m I �- i CU Ca U Q) ! Q U- 0 W C N cn 0 0 0 Dated October , 1984 STATE OF CALIFORNIA COUNTY OF On , State of California, described as before me, the undersigned, a Notary Public in and for said State, per- sonally appearpf' FREDERICK 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. Signature FREDERICK C. GRANGE` (This area for official notarial seal) 1002 (6/82) M:'�I!- TAX STATEMENTS AS DIRECTED ABOVE I STATE OF CALIFOP,NIA Iss. COUNTY OF 1101arin - I On— Ju 1 V 19-1 1985 T __ _ _, 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 to me) to bethe person whose name is subscribed tothewithin instrument,as a witness thereto, who being by me dulysworn, deposed and said: That he/she resides in Marin Count -- that he/she was present and saw-F-r-e-jderj-ck_C_. Grand —.personal) .........- -. ---- ..-.. �. known to him/her to be the same person(s) described in and hOfficial Seal •_ executed the within instrument, as a party(les) thereto, sign, se v M T. A. JOHNSON and deliver the same and that said arty(ies) duly acknowledge -:' - Notary Public " 4l Marin in the presence of sai iant, that he a/they executed th that `- _ County j State: California same, and said affiIprit, thereupon at a party's(ies') reques of A subscribed his/her name as a wiD3esg thereto. My Comm. Expires April 8, 1988 1 WITNESS my hand_ an ir;ial seal. \ _ Sign \ (This area for official notarial seal) before me, the undersigned, a Notary Public in and for said State, per- sonally appearpf' FREDERICK 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. Signature FREDERICK C. GRANGE` (This area for official notarial seal) 1002 (6/82) M:'�I!- TAX STATEMENTS AS DIRECTED ABOVE EXHIBIT "A" All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: Beginning at the most westerly corner of LOT 3, as shown upon that certain map entitled "Map of Ceccotti Tract, San Rafael, California", recorded September 14, 1970 in Volume 14 of Record Maps at Page 75, Marin County Records, at the intersection of the courses "North 38046' East, 193.75 feet" and "North 51014' West, 125.967 feet", as shown thereon (14 RM 75); thence along the southwesterly boundary of said LOT 3 (14 RM 75) the following courses and distances: South 52027'18" East, 125.97 feet, and thence southeasterly along a curve to the left, tangent to the preceding course, having a radius of 516.75 feet through a central angle of 801411211, an arc length of 74.29 feet; thence leaving said southwesterly boundary (14 RM 75), along the south- easterly boundary of said LOT 3 (14 RM 75) North 37032'42" East, 35.39 feet; thence leaving said southeasterly boundary (14 RM 75) , northwesterly along a curve to the right, whose center bears North 28042'19" East, having a radius of 481.75 feet through a central angle of 81)50'23", an arc length of 74.33 feet; thence North 52'27118" West, 125.97 feet to the northwesterly boundary of said LOT 3 (14 RM 75) ; thence along said northwesterly boundary (14 RM 75) South 37032142" West, 35.00 feet to the point of beginning. 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