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Home My WebLink AboutCC Resolution 7216 (Kerner Blvd Assessment District)RESOLUTION NO. 7216 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. 23 - CURB RETURN) 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 (t\ -M .� JEAN LEONCINI, City C erk 7a It m CL a Q 1c; AREA , 2 / / Esc• N •i ® LQ.Z 4 Y / Ott f d= / CL O \ y\ a mqt CU /' u t / Q: 4 65 cos ".I Z. 1s N} �..�. oog co a AREA 1 "� / ® m « IL spo+ a iIi AMW MAP Loc P,-TjotA 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 WATEP DISTRICT, a Public Corporation hereinafter called "Grantor(s)" and City of San Rafael, hereinafter called "City". A copy of Document 127210 - A 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 $1,340.00 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. C 0 P 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. 12 t 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 M ,o.Y O R- .9 , STATE OF CALIFORNIA ) COUNTY OF MARIN ) ss. Grantor(s) NARIN MUNICIPAL WATER DISTRICT, a Pt.blic Corporation J On this 6th day of NOVEMBER 1985, before me, JEANNE M. LEONCI Notary Public in and for the said County and State, residing therein, du NI, a commissioned and sworn, personally appeared duly personally known to me (e to T` J� LAWRENCE E. MULRYAN .31 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 executethe same. the IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official s the day and year in this certificate first above written. eal JEANNE I/- AOTAR e.. said County and State. PUn and for �'}."I•�G OFFICIAL SEAL ZEnrPWILIC Jclidl p` �..� ... CA L If v}'4�;r •}'� Pri:riPui OffiCo c,r in f.t.1C111 rr'1111iY .ion Oct. 27, 7987 • 1.100 !;!I n1 tir lig•;.: O 1GO, ��ALT•'4 ��t::;�+.i '. � •• , ..cm Rnfo:•I, C!. 9.1915 00.0 to be the person(s) who executed this instrunent as (vd;eee) president (and) secretary (gym) of the Marin Municipal Water. District, a public corporation and acknowledged to me that said public corporation executed the sane. OFFICIAL SEAL , STAMLEY J SOLDAVINI f s NOTARY PUBLIC - CALIFORNIA f I MARIN COUNTY 5 My comm. expires JUN 18, 1986 ' Notary Public 1 OrderN6., 127210 A Escrow N6. -oan No. WHEN RECORDED MAIL TO: MAIL TAX STATEMENTS TO: same as above SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $.... NIM ... DT,JE,,,,•,,,,•,•,„••,• ...... 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 Comtoq-jpy C0RKPORATION GRANT DEED 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 , does hereby , State of California, described as l / D 19 �e r! before e j� STATE OF CALIFORNIA On this the �� 1i day of �G �L'� / SS• the undersigned, a Notary Public,personally appeared d TY ii COiROF MARIN Ci�G .3 t'7 S. Barna r-d and CA) l e personally knmm to in p proved to ne on the basis of satisfactory evidence to be the person(s) who executed this instrunent as 0&*=) president(and) secretary ( ��•,) of the Marin municipal ;i Mater. Districf, a public corporation and acknowledged to ne that said public corporation executed the same. OFFICIAL SEAL STANLEY J SOLDAVINI f f f ra M % •_ •NOTARY PUBLIC cALIFORNIA .� � fr!��?./;,. l f�l�+-Ji= l '�- `'• __ �. t n MARIN COUNTY `" - pibtaryvPublic - l ' •' My comm. expires JUN 18, 1986 - t _ . -• - Ik Dated OctrihPr 19R. I STATE OF CALIFORNIA Iss COUNTY OF I On before me, the undersigned, a NotaryPublic in and for said State, personally appear- mr! and personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and gacretary on behalf of the corporation therein named, and acknowledged to me that such cor- poration executed the within instrument pursuant to its by-laws or a resolution of Lis board of directors. WITNESS my hand and official seal. MARIN MUNICIPAL WATER DISTRICT, a Public Corporation By l President r ' By L Lis 0141 Secretary Signature (This area for official notarial seal) 7144 (6/82) ST.ATF_Pti1I P -ITS AS DIRECTED ABOVE 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 Stanley Herzstein, Trustee, to Marin Municipal Water District, a public corporation recorded February 16, 1979 in Volume 3503 of Official Records at Page 614, Marin County Records, running thence along the southeasterly boundary of said PARCEL ONE North 370 32' 42" East (called North 38° 46' 00" East in said deed) 25.00 feet, thence leaving said southeasterly boundary westerly along the arc of a curve to the right, whose center bears North 520 27' 18" West, with a radius of 25.00 feet, a central angle of 900 00' 00" for a distance of 39.27 feet to the southwesterly boundary of said PARCEL ONE, thence along said southwesterly boundary South 520 27' 18" East (called South 51° 14' 00" East in said deed) 25.00 feet to the point of beginning. Containing 0.0031 acres more or less. P. MARIN 14UNICIPAL 14ATER 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 90 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. Secret 6-1K Board of Directors of the MARIN MUNICIPAL WATER DISTRICT