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HomeMy WebLinkAboutCC Resolution 7257 (Option to Purchase Agr)RESOLUTION NO. 7257 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT. LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with SECOND AMENDMENT TO OPTION TO PURCHASE AGREEMENT BETWEEN EMMA DUCA AND THE MARIN COUNTY OPEN SPACE DISTRICT AND THE CITY OF SAN RAFAEL (FOR DUCA PROPERTY - AP 10-011-07, 10-011-46 and portions of AP 177-240-11 and 177-240-18) (Extending date to and including March 1, 1986). a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro- duced and adopted at a REGUT,AR meeting of the City Council of said City held on MONDAY the 16TH day of DECEMBER , 19 85 , by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS:NONE ABSENT: COUNCILMEMBERS:NONE J ANNE M. LEONCINI, City Clerk SECOND AMENDMENT TO OPTION TO PURCHASE AGREEMENT THIS SECOND AMENDMEINiT TO OPTION TO PURCHASE AGREEMENT is made and entered into this®'- -�! day of December, 1935, by and between EMMA DUCA, a widow, herein designated "SELLER" and the MARIN COUNTY OPEN SPACE DISTRICT, a political subdivision of the State of California, and_the CITY OF SAN RAFAEL., a municipal corporation, hereinafter designated "DISTRICT/CITY" and whereby the parties here- to agree as follows: WHEREAS, SELLER and DISTRICT/CITY have heretofore entered into an Option to Purchase Agreement dated January 21, 1985 and an Amendment thereto dated February 26, 1985, for the purchase of that certain 31.0 acres of land described as Assessor's Parcels 10-011-07, 10-011-46 and portions. of 177x-240-11 and 177.240-18, which Option to Purchase is attached hereto and made a part hereof by reference; and WHEREAS, SELLER and DISTRICT/CITY desire to amend said Option to Purchase by extending the term. All other terms and conditions of said Option to Purchase Agreement shall remain the same. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Paragraph 5 (a),"Term of Agreement" is amended as follows: "Because of the special terms of this Agreement that follow below, the term of this Option to Purchase Agreement shall extend through n , to and expire -Febrda" 1, 1 E ., J-, D Ma- I^c k Except as hereinabove amended, said ption to Purchase Agreement shall continue in full force and effect in all particulars. IN WITNESS WHEREOF, the parties hereto have caused this "Second Amendment to Option to Purchase Agreement" to be executed by their duly authorized agents on the date first above written. MARIN COUNTY OPEN SPACE DISTRICT: President, Board of Directors ATTEST: ���r✓j �?: sof' Secretfrry , DATE CITY OF SAN'RAFAEL rlayor Lawrence E. Mulcyan ATTEST: City�,Clerk Jeanne M. Leoncini DATE �1f Wil/6,sv:tin�t�to IDA CAMIG, rney in Fact 8Plo her Attorney in Fact � Y DATE AMENDMENT TO OPTION TO PURCHASE AGREEMENT THIS AMENDMENT TO OPTION TO PURCHASE AGREEMENT made and entered into this o?C ' day of f t 1985, by and between EMMA DUCA a widow, hereinaftidesi -ted "SELLER" and the MARIN COUNTY OPEN SPACE DISTRICT, a political subdivision of the State of California, and the CITY OF SAN RAFAEL, a municipal corporation, hereinafter designated "DISTRICT/ CITY" and whereby the parties hereto agree as follows: WHEREAS, SELLER and DISTRICT/CITY have heretofore entered into an OPTION TO PURCHASE AGREEMENT dated January 21, 1985 for the purchase of that certain 31.0 acres' of land described as Assessor's Parcels 10-011-07 and 10-011-46 and portions of Assessor's Parcels 177-240-11 and 177-240-18, which. OPTION TO PURCHASE AGREEMENT is attached hereto and made a part hereof by reference; and WHEREAS, SELLER and DISTRICT/CITY desire to amend said OPTION TO PURCHASE AGREEMENT by extending the term. All other terms and conditions of said OPTION TO PURCHASE AGREEMENT shall remain the same. NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1. Paragraph 5 (a) "Term of Agreement, " is hereby amended as follows: "Because of the special terms of this Agreement that follow below, the term of this Option to Purchase Agreement shall extend through to and expire December 31, 1985." Except as hereinabove amended, said OPTION TO PURCHASE AGREEMENT shall continue in full force and effect in all partic- ulars . IN WITN9SS WHEREOF, the parties hereto have caused this AMMDNNT TO OPTION TO PURCHASE AGREEMENT to be executed by their -1- duly authorized agents on the date first above written. SELLER: R' , By Itf 4CC.R4OS, attorney in fact By BAY' -S her 9 attorne in fact Date: F6B tLL'1g21r DISTRICT/CITY: MARIN COUNTY OPEN SPACE DISTRICT President, -Board o irectors ERCT TEM ATTEST:Secretary Date: 52/a CITY OF SAN P.AFAEL �c��Z.�•-e.c_E' � - lam' �C..r,�—. Mayor ' .� Cit Jerk Date: 3 /9 -- S < APPRO iDraho FORM: Gar nti Ci.y Attorney RESOLUTION NO. 7057 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement Frith AMENDMENT TO OPTION TO PURCHASE AGREEMENT BETWEEN EMM'A T?TT('A AND THF MARTN rnrTNTY OPEN SPACE DISTRICT AND THE CITY OF SAN RAFAEL (FOR DUCA PROPERTY - AP 10-011-07, 10-011-46 and portions of AP 177-240-11 and 177-240-18) (Extending date to December 31, 1985) a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regi.11 arty intro- duced and adopted at a Regular meeting of the City Council of said City held on Monday the 18th day of 19 85 , by the following tote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCIL11 EID3ERS : None ABSENT: COUNCILMEA!BERS:None _-ih�P4rt.r�K JE. NE 1I. L!NNCIN City Clerk OPTION TO PURCHASE AGREEMENT THIS AGREEMENT, made and entered into this 21st day of January 1985, by and between EMMA DUCA, a tiTidow, herein- after designated "SELLER" and the MARIN COUNTY OPEN SPACE DIS- TRICT, a political subdivision of the State of California, and the CITY OF SAN RAFAEL, a municipal corporation, hereinafter designated "DISTRICT/CITY." W I T N E S S E T H SELLER is the owner of that certain real property partially in the City of San Rafael and partly within 'the County of Marin, State of California, more particularly described in Preliminary Title Report Number 59234 -PW, issued by California Land Title Company of Marin and by reference incorporated in and made a part of this Agreement as Exhlbit "A" hereof; and WHEREAS, DISTRICT/CITY desire to enter into an Option to Purchase Agreement and SELLER is willing to enter into said Agreement for the consideration and upon the terms and conditions hereinafter set forth. 1. Property to be Purchased On the terms and subject to the conditions set forth in this Agreement, SELLER agrees to sell and convey to DISTRICT/ CITY the property described in Exhibit "B" and depicted on Exhibit "C" as said exhibits are attached and made a part hereof by reference, comprising approximately 31.0 acres of land described as Assessor's Parcels 10-011-07 and 10-011-46, and portions of Assessor's Parcels 177-24.0-11 and 177-240-18, and DISTRICT/CITY agree to purchase said property from SELL- .under the terms and conditions hereinbelow. 2. Consideration DISTRICT/CITY shall pay ONE DOLLAR 01.00) as the consideration for the option terms and conditions provided herein. 3. Purchase Price. The purchase price of the properties described herein shall be the sum of SIX HUNDRED THOUSAND DOLLARS ($600,000.00) payable contemporaneously with delivery of a deed to DISTRICT/CITY subject to the terms and conditions provided herein. Title insurance premium, if any, revenue stamps on conveyance, recording fees and other escrow costs shall, be borne by DISTRICT/CITY. Taxes shall be prorated and paid by SELLER as of the date of closing of escrow. Evidence of title shall be in the form of a standard owner CLIA policy of title insurance issued by the escrow title company hereabove mentioned_ Real estate commissions will not be paid by SELLER nor DISTRICTICITY_ 4. Condition of Title. SELLER shall convey said property, to DISTRICT/CITY subject to the terms and conditions provided herein by Grant Deed, free and clear of all liens and encumbrances, taxes and assessments, penalties and costs, leases (recorded and unrecorded), easements, rights-of-way, bonds and any and all restrictions and reservations of record other than exceptions numbered 3, 4 and 5 contained in the above -referenced Preliminary Title Report as Exhibit "A". 5. Term of Agreement a) Because of special terms of this Agreement that follow below, the term of this Option to Purchase Agreement shall extend through to and expire June 30, 1985. b) DISTRICT/CITY will acknowledge this Agreement within sixty (60) days of the date hereinabove written. c) Ir DISTRICT/CITY should not acknowledge this Agreement within said sixty (60) day period, then this Agreement shall be terminated and will be of no force and/or effect, all vrithout 41 -2- liability to either party. d) During this total time period (to June 30, 1985) Paragraph 5 a) above of this Agreement shall constitute an irrevocable offer by SELLER to enter into this Agreement with DISTRICTICITY_ 6. Special Terms of Agreement. Due to the nature of the Sun Valley Open Space Project, this Option to Purchase Agreement by DISTRICT/CITY is subject to the following: a) The success of a petition by the local neighbor- hood group, b) The formation of an Assessment District by the City of San Rafael for all of the open space that is desired to be purchased. e) The availability of funds from the San Francisco Foundation (Buck Funds) or other sources_ d) Ain easement from the San Rafael School District for pedestrian use along a twenty -foot wide strip of land adjacent to the southeasterly boundary of the property to be retained by SELLER. e) DISTRICT/CITY agree at their sole expense, to perform all necessary survey functions and to prepare all deeds and/or documents which will be required to purchase the herein described property. 7. DISTRICT/CITY and SELLER have set forth the whole of their Agreement herein. The performance of this option to Purchase Agreement constitutes the entire consideration for said real: property acquisition and shall relieve the DISTRICT/ CITY of all further obligations or claims on this account. -3- a 8. This Agreement shall run with the land and shall inure to the benefit of and be binding upon the successors and assigns of the SELLER and DISTRICT/CITY. 9. SELLER and DISTRICT/CITY agree that time is of the essence under this Option to Purchase Agreement - IN WITNESS WHEREOF, the parties hereto caused this Agreement to be duly executed the day and year first above written. SELLER: r ' Dated: December 28, 1984. By �� 9�1ga, "IDA CAMGR/./ ner/j attorney in f act By BAPTISTE. J- DUg%, her attorney in fa DISTRICT/CITY: MARIN COUNTY OPEl"i SPACE DISTRICT President, Board of Directors ATTEST: 6 " Secret�ir)' Date: CITY OF SAN RAFAEL Mayor Cis Cierk An �ro� pd as - for ` -4- - t'01110PPI M�,irlCl4 . � Titles Compare ` California Land Title Company of Marin C 851 IRWIN ATTHIRD a P.O. BOX 711 SAN RAFAEL,CA94915•- (41 4 9323 ❑ 1704 NOVATO BLVD. • P.O. BOX 845 • NOVATO, CA 94947 • (415) 897-5157 ❑ 650 EAST BLITHEDALE AVE. • MILL VALLEY, CA 94941 • (415)3a3 -841(l PRELMHUY REPORT PROPERTY REFERENCE (Please Confirm) AP 10-011-07,46 177-2.40-11 & 18 Dated as of ............ June..1......... 19 ... $q. at 7.30 A.M. Escrow Officer_ PATTY N1I0RT Rate: ` - 3une 7, I984 Our No. 59234 P%v Your No. Buyer: In response to the above referenced application for a policy of title insurance. CALIFORNIA -LAND TITLE COMPANY OF MAREM hereby reports that Is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or Interest therein, hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Po icies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report. _ THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF -TITLE INSURANCE AND NO LIABILfTY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED_ The form of policy of title insurance contemplated by this report is: 1. California Land Title Association Standard Coverage Policy EX 2. American Land Title Association Owner's Policy Form B Q 3. American Land Title Association Residential Title Insurance Policy Q 4. American Land Title Associatior Issuil tdii)yerS jideaT lsurance Corporation r -:*x -.o••--.•-. ^r �++.w-.+t9^9r..,.we-tr.ar,t�w�.-4+a'��p�q?='Pf.=: -'x.,.�ec!,��t,..�e�wn"•'!^t:?!'++'z" �:! _ SCHEDULE A Order Nr�- 3323rL PW The estate or interest in the land hereinafter described or refenned to caved by this report is: A FEE as to Parcel One and Two AN EASEMENT as to Parcel Three Title to said estate or interest - at the date hereof is vested in: EMIMA DUCA, a widolm The land referred to in this report is situated in the State of California . County of Marin , partly in the City of San Rafael and is described as follows; DESCRIPTION ATTACHED 6 cz _ I . DESCRIPTION ALL THAT CERTAIN real property situate partly in the City of Sana Rafael_, County of Marin, more particularly described as follows: _ PARCEL ONE: BEGINNING at a point on the Northerly lune of Fifth Avenue Mr nerlY Culloder? Avenue), said point being the Southwest corner of that certain parcel of land conveyed to Royal M. Prescott by that certain deed recorded March 2, 1921 in Boot -.225 of Deeds, at page 52, Marin County Records; thence North 37 04' East 1677.75 feet to the Northerly line of that certain parcel of land conveyed' to Nary P►._ Bosman by that certain deed recorded April 18, 1913 in Book 151 of Deeds at pye 160, Marin County Records; thence along said Northerly line of Bosman North 60 16' West 482.6 feet and North 24 368 'Test 176.6 feet to a point distant South 24°,36' East 617.64 feet from the Northwest corner of said parcel conveyed to Bosanan; thence South 34® ;rest 1680.144 feet to said Northerly line of Fifth Avenue; thence along Bald Northerly line of Fifth Avenue South 56° 32' East 70.3 feet; thence South f 7° 2$' least 100.3 feet- thence South 37° 34' East 133.8 feet; thence South 59° 19' East 173.2 feet; - thence South 53° 20' East 71.8 feet to the point of beginning. EXCEPTING THEREFROM that portion described in that certain deed for the Sart Rafael School District of Marin County, California recorded December 23, 1950 in Book 679 of Official Records, at page 44, Marin County Records. PARCEL TVIO: BEGINNING at a stake at the most Northerly corner of that certain parcel of land conveyed to Joseph Corti, etux, by that certain deed recorded Octob-er Z5, 1917 in Book 192 of Heeds at page 1479 Marin County Records, thence mono 'tlze exterior boundary lines of said Corti parcel South 56° East 357.65 feet and South- 340 West 645.5 feet to a point on the Northerly line of ',Fifth Avenue (form-erly Culloden Avenue); thence leaving said Corti boundary line and along said Northerly tine of Fifth Avenge South 57° 58' East 37.58 feet and South o3" 15, East 142.42 feet; thence leaving Northerly line of Fifth Avenue North 34° East 1680..44 feet; thence North 24 36' West 617.64 feet to the Northeasterly corner of what is known as the Mount Tamalpais Cemetary Tract; thence South 349 23' West 1377.0 feet to the point of beginning_ EXCEP17NG THEREFROM that portion described u -i that certain deed TO the Marin ?,rlunicipal Water District recorded July 22, 1966 in Book 2066 of 0f_ficial Records at page 397, Ma.Fin County Records. PARCEL THREE-. An easement for sewerage or sewer pipes, line and conduits, and together with the• right to install, maintain, repair and inspect the same as provided for and futhe; defined in that certain deed executed by Emma Duca to the San Rafael School District of Marin County California, recorded December 29, 1950 in Book 679 of Official Records at page 44, Marin County Records. I( SCHEDULE B Order Noe 59234 PXV - At the date hereof exceptions to coverage in addition to the prih-ited E=eptians, and Exclusions in the policy form designated on the face page of this repor- would t-,e as f Clio WS: 1. General and special County and City taxes for the fiscal year 1984-1985, a lien not yet payable. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 498, Statutes of 1983 of the State of California_ 3. An easement affecting the portions of said land and for the, purposes hereinafter stated, and incidental purposes In Favor of: Pacific Gas and Electric Company and Pacific Telephone and Telegraph Company For: Single line of poles and wires Affects: Southwesterly portion of Parcel One Recorded: November 26, 1951 in Book 718 of Official Records at page 518 Marin County Records 4. No assurance is given as to the exact width and location of Parcel 'three herein. 5. Any facts, rights or interest which a correct survey of said property may disclose_ TAX NOTE: General and special County and City taxes for 'the fiscal year 1983-1984• have been paid in full in the amount of $3,394.58. Assessor's Parcel No. 10-011-07,46 & 177--240-11,15 Code Area 8-000 & 89-007 CHAIN OF TITLE: Title of the vestees herein was acquired six months or more preceding the date hereof. 1 Tax Area le v`�`y 83_Q0� - _ -- " -" - 24 \ 89-002 _ 89-003 Bk 175 - some of 1 AC. y s � �j J. d 1• @' S SQn 2G ; • � � y. \mom � ' i G ♦ 41.83 A4 = - r , �r J� io •a \'�007e-, % _ ihi at is • _ .c .or your aid in locatia.- your land .•iRli referencas to streets - .d ::her ; F' cz:.. It is not a sur:4y. While this ri-mt is beG-,ved to be m-ra , t::.. 1 -::my - . d� :�' �_�'' •;.�-'-t ; - A s-,u.n23 ra lt:.bMty fOr Br:y CaSS by I055.:1 J'. Icl!rnce .^.: A. _ � e = � '1. �• 'f CALIFORMNA LAN.n TITI.�-- CCM:^ NY CF 1ilAiliV 851 I^;'O?! at T:'.;::17 ^ f = . - _17.._ Jew SAN F,AFAEL, Cr`.Li:O tiIA 9=191•o Z s° ;. •- 4D3A 56.83 Ac. ►z - _,.';__g �; '- .:`;. "'T TAMALPAIS CEMETERY 44 Bk. 10 .36 Bk 10 _ Ott -A r 2� �- 8.89Ac_ 33 Bk. 10 19 Pq C c-rnelery, Sec. 4. Bk. 3 - F:�ga 31-35 incl. 8h.10 - 05 rV0rF Ass�ssop-'s f�Igt-t �3k.�?'T_ .4 sr�rg� p s 111rark Numbers S/, , / � r/J� �B Pg'.,e �n tri �' l$CS. Loifn it (�f • ► [tJI in! t 4,Or s r`�r: e1l`lurrrb�r, c{7111 _ �n _ ! LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (CONTINUED) 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURMCE PCUCY •-1979 EXCLUSIONS In add t;on to the exceptions in Schedule B. you ore nct insured against loss, costs, attorneys f:e-es and exper-�es resuUi-0 fzrrrc 1. Governmental police power, and the existence or violation o' any law air govemment regulahcr�i s :.nctudes building and zoning ordinances and also laws and regulations concerning: o land use ® land divis'on o improvements on the land • environmental protection This exclusion does not limit the zoning coverage described In Items 12 and 13 of Covered Thea masks. 2 The right to take the land by condemning it, unless a notice of taking appsers in the public records on the, Policy Date: a Title Risks: e that are created, allowed, or agreed to by you o that are known to you, but not to us, on the Policy Date - unless they appeared in the public records. © that result In no loss to you u that first affect your title after the Policy Date - this does not limit the labor and n--eeriaf lien coverage In (fern 8 of Covered title Risks A Failure to pay value for your title. 5. lack of a right: 9 to any land outside the area specifically described and referred to in Item 3 of Schedule A or o In streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in item 5 of Covered Title Risks SCHEDULE B - EXCEPTIONS In add :ion to the Exclusions, you are not insured against toss, costs, attorneys' fees, and expenses resulting frame: Part I (o) Any rights, Interests or claims of parties In possession of the land not shown by the -public records: (b) Any easements or liens not shown by the public records. This exception does not limit the lien coverage in Item 8 of Covered Title Risks. (c) Any facts about the land which o correct survey would disclose and which ore not shown by the public records. This exception does not limit the forced removal coverage in Item 12 of Covered Title Risks (d) An,/ wot&r rights, claims or title to water on or under the Land. 4. AMERiCAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH PLL.T,A. ENDO.RSEMEtNT FORM 7 COVERAGE (A-DOENDED i0-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE the fc' matters ore expressly e,(ciuded from the covero_,e of this policy: 1. Any law, ordinance or governm-Intal regulation (inc'uding but not limited to building end` zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the charac ter, dimensions or location or any Improvement now or hereafter erected on the land, or prohibiting a separation in auvnershrp or a reduction in the dimensions or area of the land, or the effect o' any violation of any such law, ordinance or governmental reg loth 2. Rights of eminent domoin or g6vornmental rights of police power unless notice of the exercise of such rights appears In the, public records at Date of Policy. 3. Dofects, fehs, encumbrances, adverse claims, or other matters (a) created, suffered, assu=%ed or agreed to by fhe insured claimant; (b) riot known to the Company and not shown by the public records but known to the• insured claimant either at Dateof Policy or at the date Such claimant acquired an estate or interest insurad by this policy or o0cit ired the, insured mortgage and not discto!-ed In writing by tho insurod claimant to the Company prior to the date such in -steed claimant became an insured he:runder: (c) resulting in no loss or damage to the insured claimant: (d) attaching or emoted subsequent t0 Date or Poiiey (v�ccept to the extent insurance is afforded herein as to any statutory lien for labor or n�eriol or to the extent insurance is oYorded herein as to assessment for street improvements under construction or completed at f arm of po;Icy), Unenforceability of the lien of the Insured mortgage because of failur9 of the insured at Uale of Policy or of any subsequent crNnor of thz, Indebtedness to campy with applicoble "doing business" laws of the state In wNch the lana is situated. LIST OF PRINTED EXCEPTIONS AND EXCWSIONS 4. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVIERAGFE POLICY - 4973 SCHEDULE B This policy does not Insure against loss or damage, nor against costs` attorneys fees or expenses any or as & which ansa by reason of vi�> Voll---%•r:ng: - Part I 'r. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes orse asssments. or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2- Any facts, rights. Interests or claims which are not shown by file pubic records but which could be ascertained by an In- , -ction of the land or by making inquiry of persons in pos- session the --of. 3. Easements, liens or encumbrances, or claims thereof, which are not shorn by the public records. Di;c rapcncies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey -would disclo-. and which are not shown by the public records. S. (a) Unpatented mining claims; (b) resenwations or excep- �Ions in patents or in Acts authorizing the issuance thereof; (c) k•;ater rights, claims or title to water. 6. Any right, title. Interest, estate or easement in land beyond the lines of the area specificalty described or referred to in Schedule A. or in abutting streets, roads, avenues, alleys. lanes. -ways Or woterways, but nothing In this paragraph shot[ modify or limit the extent to which the ordinary right of an abutting owner for acces to a physically, open street or highway is Insured by this P,01*.Gy. _. 7. Any low, ordinance or gavernmrental regulatlon (inciuding but not limited to building and zoning ordinances) restricting or regulating or pr6hibiting the occupancy, use or enjoyment of tha land, or regulating the character, dimensions, or location of any Improvement now or hereafter erected on the land, or prohibiting a separation In ownership or a reduction in the dimensons or area of the fond, or the effect of any violation of any such raw_ ordinance or governmental reg station B. Rights of eminent domain or governmental dght<s of police power unless notice of the, exercise of such rights appears in the public records _ 9. Defects, liens: encumbrances. adversa 'claims, or other matters (a) created, suffered. assumed or oVreed to by the Insured ctaimont. (b) not shown by the public records and not otherwise excluded from coverage but known to the, insured claimant either of Date of Policy or at the date such claimant acquired on estate or Interest- insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company priorto the date such insured claimant become on Insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy, or (e) resulting in Loss or damage which would not have been sustained if the Insured claimant had been a pur- chaser or encumbrancer for value without knaAe--dgEx z. M.4ERICAN LAID TITLE ASSOCIATION OWiNER'S POLIO FORAM B - 4970 (AMENDED 10-47-70) ,SCHEDULE OF EXCLUSIONS FROM COVERAGE _ t.r': .,y lave. ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohib;ting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement nowar hereru`ier erected on the Icnd, or prohibiting a separation In ownership or a reduction in the dimensions of area, of the land, or the effect or any violation of any such law, ordinance or governmental regulation. 2. R:ghts of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records of Date of Policy. 3 De!acfs. liens, encumbrances, adverse Claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Combany and not shown by the public records but knarm to tha insured claimant either at Date of Pollcyor atthe d.'e such cloimani tdcquited ch estate or Interest by this policy and not disclosed in writing by the insured claimant to the Company prior to the da'a such intlifOd cldimant become an Insurer) hereunder, (c) resulting in no loss or domaga to the insured claimant; (d)attaching or creta red subsequbnt fo Date of Policy, (a) resulting In loss or damage which wou,'d not have been sustained If the insured claimant had PC -j �601ua for the r✓'stdile bf Inforest insured by this policy. (List,of Print?d Exceptions and Exclusions Continued an Reve¢se Sida) BEGINNING at the most northerly corner of that certain deed from Emma Duca, a widow, to the Board of Education of the City of San Rafael, Governing Board of San Rafael School District of Marin County, California, a political subdivision, recorded. December 29, 1950 in Book 679 at page 44, Official Records of Marin County, running thence along said line ' South 51° 25' East 270.37 feet to a point distant North 37° 04' East 433.73 feet from the southwesterly corner of that certain tract of land conveyed by Mary A. Tippets to Royal M. Prescott in that certain deed recorded March 2, 1921, in Volume 225 of Deeds at page 52, Official Records of Marin County; running thence North 37° 04' East 1234.02 feet to the northerly line of that certain parcel of land conveyed to Mary A. Bosman by that certain deed recorded April 18, 1913',in.Book 151 of Deeds at page 160, Official Records of Marini County; running thence along said northerly line of Bosman North 60°-16' West 482.6 feet; thence North 24'.36' West 680.66 feet to the easterly corner of the lands conveyed by Eu+ma Duca, a widow, to Marin Municipal Water District, a public corporation, in that certain deed recorded July 22, 1966 in Book 2066 at page 397, Official Records of Marin County; thence leaving said line of Bosman and running along the southwesterly line of said lands of Marin Municipal Water District North 83° 00' West 65.00 feet; North 43° 30' 25" West 40.16 feet; thence leaving said line of Marin Municipal Water District and running South 34°-23' Fest 1297 feet to the most northerly corner of that certain parcel of land conveyed to Joseph Corti, et ux, in that certain deed recorded October 15, 1917 in Book 192 of Deeds at page 147, Official Records of Marin County; thence along the exterior line of said Corti parcel South 56° 00' East 357.65 feet to the easterly corner of said Corti parcel; thence leaving said Corti line and rurming North 32' West 520 feet, more or less, to the POINT OF BEGINNIIG. EXHIBIT "B" RESOLUTION NO. 7017 A RESOLUTION AUTHORIZING TIIE SIGNING OF A., CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY 01' SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with OPTION TO PURCHASE AGREEMENT BETWEEN EMINT'IIT' A DUCA AND h RIN C 11-VTir OPEN SPACE DISTRICT AND THE CITY OF SAN RAFAEL(FOR DUCA. PROPERTY - (AP 10-011-07, 10-011-46 and i�ortipn. f P 177-240-11 and 177-240-18) J (to une 3J , 186. a copy of which is hereby attached and by this reference made a Part hereof. I, JEANNE M. LEONCINI, Clerk of the City- of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro- duced and adopted at a Regular meeting of the City Council of said City held on Monday the 21st day of 19 85 , by the following vote, to wit: AIRES: COUNCILMEi•1BERS: Breiner, Nave, Russom and Mayor Rulrvan NOES: COUNCILrlIE11BERS : None ABSENT: COUNCILAIEtiBERS : Frugol i JEA ",E�1:,LEONCI�II, City Clerk M a D > m n m r- � zi N 4 t� co .D CD a� A n !7 z. � O