HomeMy WebLinkAboutCC Resolution 7215 (Kerner Blvd Assessment District)RESOLUTION NO. 7215
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 -
PUBLIC ACCESS EASEMENT)
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
fay L k•,;�' �� :� ^� `!
JEA NE M. LEONCINI, City Clerk
7d.l�
E
RIGHT OF WAY CONTRACT
CITY OF SAN RAFAEL
This Contract made and entered into this 4th day of
November 1985 by and between MARIN 1-1UNICIPAL
WATEP DISTRICT, a Public Corporation
hereinafter called "Grantor(s)" and City of San Rafael,
hereinafter called "City".
A copy of Document 127210 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 $24,384.00
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.
a
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
STATE OF CALIFORNIA )
ss.
COUNTY OF MARIN )
Grantor(s)
MARIN MUNICIPAL WATER DISTRICT
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 •(ep gaited to FRe--9A -the bas rof satisfaetarya
t.,;Jc,,,.Q) 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.-
/{`,i''.�'t� OFFICIAL SEAL
JEA;NNE M. LEONCiNI
�A�VPUBLI-C&"in—and
fficLCALIFORNIA
Princ'pm Ofiicc in 61Ai:IP1 COUtJ7Y
h', Conni ion Ezp:re Oct• 27, 1907
JEANNE M. lBNCINI, N for
said County and State. 14.:0 50, ", F 0- 1'-% t, Sun 1:u(ucl, CA 94915-OC60
On this the �?-�n day of O� eared
�o�Pr" 19 r.J� before rZe
STATE OF CALIFOP.NIA
SS, the undersigned, a Notary Public, personally app
COUNTY OF MARIN
,/ can S �c'�r"/7a j c/ and iJ/ UI�_S / /?af'�'I
_a, personally knoxm to me
p proved to me on the basis of satisfactory evidence
to be the person(s) who executed this instrument as (_vi-ez)
president (and) secretary(r.� -'!) of the Marin Municipal
Nater District, a public corporation and acknowledged to rise
that said public corporation executed the same.
.• OFFICIAL SEAL I 1
r'°•'' STANLEY J SOLDAVINI
` � t ^�• ^ IjOTARY PUBLIC - CALIFORNIA
MARIN COUNTY
- Notary Public
pN`r
My comm. expires JUN 18, 1986
s.
Order No.
127210
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 $ ..... NQNZ... QVF..................
...... 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 Ti tl P ramp any
CORPORATION GRANT ®EE®
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
ORANTto 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
Datpri October , 198,
, does hereby
, State of California, described as
11ARIN MUNICIPAL WA RR DTSTRTC T -f
a Public Corporation
STATE OF CALIFORNIA On this the 4/'4
SS• the undersigned, a•?Notar y Of � Public, 19 6S'
COUNTY OF MAR.IN �before rye
personally appeared
and c�U�r?S i
- I personally knot•m to rte �d /rl
proved to me on the basis of satisfactory evidence
to be the persons) who executed this instrutient as
president (and) secretary (sr>�)
,r , () of the Marin 1"I
• i7ater. District Municipal
, a public corporation and acknowledged to me
that said public corporation executed the same.
OFFICIAL SEAL
�� y" STANLEY J SOLDAVINI b�—NOTARY PUBLIC -CALIFORNIA � '
c••
4 MARIN cOUNTy r r'
s
wty comm. 8XPIrB JUN1986
18, `' ✓- ,•%r ,�',i J ij)v,���f
Y....( 176 ary YPublic
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 a point in the southeasterly boundary 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, which point
bears along said southeasterly boundary North 50° 14' 00" East
(called North 51° 27' 18" East in said deed) 547.00 feet from the
most southerly corner of PARCEL ONE, above described, running
thence FROM SAID POINT OF BEGINNING and continuing along said
southeasterly boundary North 50° 14' 00" East 440.49 feet, thence
leaving said southeasterly boundary southwesterly along the arc
of a curve to the left whose center bears South 180 38' 17" East
with a radius of 297.50 feet, a central angle of 21° 07' 43", for
a distance of 109.71 feet, thence South 50° 14' 00" West 337.02
feet, thence southeasterly along the arc of a curve to the right
whose center bears South 28° 54' 35" West with a radius of 55.00
feet, a central angle of 210 19' 25", for a distance of 20.47
feet to the point of beginning.
Containing 0.1866 acres, more or less.
MARIN MUNICIPAL MATER 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/Jea.n 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.
Secrets
61 the Board of Directors
// __ of the
MARIN MUNICIPAL WATER DISTRICT