HomeMy WebLinkAboutCC Resolution 7214 (Kerner Blvd Assessment District)RESOLUTION NO. 7214
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. 1 -
STREET RIGHT OF WAY)
WHEREAS, the public interest, convenience, necessity and
welfare require that the real property hereinafter mentioned be ac-
cepted 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 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 Marin Municipal Water District, 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 4th day of November, 1985 by the following vote,
to wit:
AYES: COUNCILMEMBERS:Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
JE E`M. LEONCINI, City Clerk
-7a 14--
RIGHT OF WAY CONTRACT
CITY OF SAN RAFAEL
This Contract made and entered into this 4th day of
November , 1985 by and between MARIN MUNICIPAL
WATER DISTRICT, a Public Corporation
hereinafter called "Grantor(s)" and City of San Rafael,
hereinafter called "City".
A copy of Document 127210 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 $47,364.00
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 Grantor(s)
MARIN MUNICIPAL WATER DISTRICT
STATE OF CALIFORNIA )
ss.
COUNTY OF MARIN )
On this 6th day of NOVEMBER 1985, before me, JEANNE M. LEONCINI, a
Notary Public in and for the said County and State, residing therein, duly
commissioned and sworn, personally appeared LAWRENCE E. MULRYAN ,
personally known to me r or ed t the basis of tis f...+,,._y„
nee-) to be the Mayor of the City of San Rafael that executed the within
document and acknowledged to me that said City of San Rafael did execute the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
OFFICIAL SEAL I
Z. � JEANNE- M. LEONCINI
t . "L NoiARY PLAILIC CnLIFC;% 11A
PrinQaa, Otfi;o in MAPIN COUNT?
\'lt h C.mmi;;ion Er -.i1,.: 0.1. '7, 198
JEANNUK. ONCINI,4NrY P L in and for \"
said County and State. 1470 511, Aia., 1'. O. Cor. 60. Sun F.ofuel, CA 9-1915.0060
STATE OF CALIFORNIA On this the 4'17 day of 19 before me
SS. the undersigned, a Notary Public, personally appeared
COUNTY OF KA JUN _
CJe&7 -5, gap-no'/'G4 and C/ les. Aari?
_fS personally knoi•m to me
-[J proved to me on the basis of satisfactory evidence
to be the person(s) who executed this instrunent as O
president (and) secretary (gym) of the Marin 1-tunicipal
Slater. District~, a public corporation and acknowledged to me
i' that said public corporation executed the same.
OFFICIAL SEAL 1 YT
<1; STANI FY J SOLDAVINI J i
NOTARY �=�';��•yc" P PUBLIC -CALIFORNA
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MARIN COUNTY - �'�( t V� <'• l �12w!- r
�� r• My Comm, expires JUN ]8, 1986 Votary Public
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Ir
Order No. 12 7 210-RLT
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
MAIL TAX STATEMENTS TO:
same as above
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $....... NONE DUE
...... Computed on the consideration or value of property conveyed; OR
...... Computed on the consideration or valueless liens or encumbrances
remaining at time of sale.
Signature of Declarant or Agent determining tax — Firm Name
First American Title Companv
CORPORATION GRANT DEE®
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
MARIN MUNICIPAL WATER DISTRICT,
a Public Corporation
a corporation organized under the laws of the State of
GRANTto CITY OF SAN RAFAEL, a Public Corporation
the real property in the City of San Rafael
County of Marin
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
• Dated
October 196
, does hereby
, State of California, described as
STATE OF CALIFORNIA] On this the h day of nG/D'l'er^ 19, before me
SS. the undersigned, a Notary Public, personally appeared
COUIM OF MARIN cjear7 S• �rn��'� and vIUleS / FJ&rn
personally knot•m to me
p proved to me on the basis of satisfactory evidence
to be the person(s) who executed this instrument as (fie)
president (and) secretary (art) of the Plarin 1lunic- pal
slater. District, a public corporation and acknowledged to ne
that said public corporation executed the sane.
t. i ...... OFFICIAL_SEAL
STANLF`r J SOtDAVINI -�
'i I�i ' -• ~•'J NOTARY PUBLIC -CALIFORNIA / p f f ,,•
/f:..�.".�.—
;,2i+ IAARIN COUNTY �
•• °�''
`Public
My comm. expires !UN 18, 1986 �ltary
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EXHIBIT "A"
ALL THAT CERTAIN real property situated in the City of San
Rafael, County of Marin, State of California, described as
follows:
BEGINNING at the most southerly corner of that certain parcel
described as PARCEL ONE in the deed from Lee R. Ceccotti, et al,
to Marin Municipal Water District, a political corporation,
recorded September 4, 1975 in Volume 2937 of Official Records at
Page 87, Marin County Records, running thence along the
southeasterly boundary of said PARCEL ONE North 500 14' 00" East
(called North 51° 27' 18" East in said deed) 547.00 feet, thence
leaving said southeasterly boundary along the arc of a curve to
the left, whose center bears South 50° 14' 00" West, with a
radius of 55.00 feet, a central angle of 1350 34' 23", a distance
of 130.14 feet, thence along a reverse curve to the right tangent
to the preceeding curve with a radius of 45.00 feet, a central
angle of 45° 34' 23" for an arc distance of 35.79 feet, thence
South 50° 14' 00" West 420.59 feet to the southwesterly boundary
of said PARCEL ONE above described, thence along said
southwesterly boundary South 39° 46' 00" East (called South 380
32' 42" East in said deed) 25.00 feet -to the point of beginning.
Containing 0.3624 acres more or less.
MARIN MUNICIPAL WATER DISTRICT
RESOLUTION NO. 5759
IT IS HEREBY RESOLVED that the Grant Deed
dated October 9, 1985, by and between CITY OF SAN
RAFAEL and the MARIN MUNICIPAL WATER DISTRICT, whereby
the District grants certain parcels in East San Rafael
to the City of San Rafael for public roadway, utilities
and drainage purposes be approved and granted and the
President and Secretary are authorized and directed to
execute said grant deed on behalf of the District.
PASSED AND ADOPTED this 9th day of October,
1985, by the following vote of the Board.
AYES: Directors Barnard, Neese, Yates
NOES : None
ABSENT: Directors Wray, Morrison_
S/Jean S. Barnard
President, Board of Directors
ATTEST:
S/Jules Tham
Secretary, Board of Directors
STATE OF CALIFORNIA )
)ss
COUNTY OF MARIN )
I, JULES THAM, Secretary of the Board of Directors
of the Marin Municipal Water District, HEREBY
CERTIFY that the hereunto annexed instrument is a full,
true and correct copy of Resolution No. 5759
of the Board of Directors of the Marin Municipal Water
District, duly passed by Said Board at a Regular
meeting of said Directors which was duly and regularly
called and held at the regular meeting place of Said
Board on the 9th day of October, 1985, and that
a majority of Said Board of Directors voted in favor of
said resolution, and that said resolution, was duly
approved by the President of the Board of Directors and
attested by the Secretary.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed the Seal of the Marin Municipal Water
District this day of October 10, 1985.
Secretof the Board of Directors
of the
MARIN MUNICIPAL WATER DISTRICT