HomeMy WebLinkAboutCC Resolution 7057 (Open Space)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 with
AMENDMENT TO
OPTION TO PURCHASE AGREE14ENT BETWEEN EMMA 1nrTcA Amp muV Mg,RTM rCUMTy
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 regularly intro-
duced and adopted at a Regular meeting of the City Council of said
City held on Monday the 18th day of _Marsh
19 85 , by the following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:Breiner, Frugoli, Nave, Russom & Mayor Mulryan
COUNCILMEA113ERS : None
COUNCILMEMBERS: None
JEUM M. LEONCIN , City Clerk
onIGINAL,aSi
AMENDMENT TO OPTION TO PURCHASE AGREEMENT
THIS AMENDMENT TO OPTION TO PURCHASE AGREEMENT made
and entered into this �,6Zk day of , 1985, by
and between EMMA DUCA, a widow, hereinaft�rl 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 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 WITNESS WHEREOF, the parties hereto have caused this
AMENDMENT TO OPTION TO PURCHASE AGREEMENT to be executed by their
-1-
duly authorized agents on the date first above written.
SELLER:
f
EMMA d A Ja r
By
IDA CAMGROS, her(�attorney in fact
By
1 /`STE J. ,�
ex��
. AFf / - �F i
n fact
Date: j5g —
DISTRICT/CITY:
MARIN COUNTY OPEN SPACE DISTRICT
TRC TEI1,; Fres ent, Board of -"D -vectors
1
ATTEST: t �•� =��=--
Secretary
Date: a
CITY OF SAN RAFAEL
Mayor `
Citjf9ts'rk
Date: 2-/�--$S'
APPRO D AS 72Lfi
RM:
Ga T. &� 'ggh
Ci ty Attorney -2-
OPTION TO PURCHASE AGREEMENT
THIS AGREEMENT, made and entered into this 21st day
of January , 1985, by and between EMMA DUCA, a widow, 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 Exhibit "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 eon�Tey 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 1_0-011-46, and
portions of Assessor's Parcels 177-240-11 and 177-240-18, and
DISTRICT/CITY agree to purchase said property from SELLER under
the terms and conditions hereinbelow.
2. Consideration
DISTRICT/CITY shall pay ONE DOLLAR ($1.00) 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 CLTA policy of title insurance
issued by the escrow title company hereabove mentioned. Real
estate commissions will not be paid by SELLER nor DISTRICT/CITY.
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) If 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 without
-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 DISTRICT/CITY.
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) An 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-
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.
Dated: December 28, 1984.
SELLER:
EMMA CA
BY
IDA CAMGRO��� er atttprney in fact
By(�
BAPTISTE! J. DUg, her attorney in fact
J
' DISTRICT/CITY:
r MARIN COUNTY OPEN SPACE DISTRICT
President, Board of Directors
ATTEST: ,
p Secret
ti
Date: , - , 5 - k-5—
CITY
_S
CITY OF SAN RAFAEL
Mayor
CiV nerk�
Date:
Ap road as for : `
• -4-
X California, Land
Title Compan
of Magirt.
California Land 'Title Company of Marin
ff 851 IRWIN AT THIRD • P.O. BOX 711 - SAN RAFAEL, CA 94915 - (415L45-4-9323
❑ 1704 NOVATO BLVD. - P.O. BOX 845 - NOVATO, CA 94947 • (415) 897-5157
❑ 650 EAST BLITHEDALE AVE. - MILL VALLEY, CA 94941 - (415)3B3-8410
PRELIMINARY REPORT
PROPERTY REFERENCE
(Please Confirm)
AP 10-011-07246 ac
177-240-11 do 18
Doted as of ............ June. ,1.........19... $. at 7:30 A.M.
Escrow Officer: PATTY WRIGHT
Date: - June 7, 1984
Our No. 59234 PSV
Your No.
Buyer:
In response to the above referenced application for a policy of title insurance.
CALIFORNIA LAND TITLE COMPANY OF MARIN
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 Pa'icies are set forth in
the attached list. Copies of the Policy forms should be read. They are ovoiiable 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 LIABILITY
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 Lx
2. American Land Title Association Owner's Policy Form B ❑
3. American Land Title Association Residential Title Insurance Policy ❑
4. American Land Title Association
lssuir
LauryersTideInsuranceCorporation
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SCHEDULE A
c
Order No. 59234 PW
The estate or interest in the land hereinafter described or referred to covered 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:
EMMA DUCA, a widow
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
DESCRIPTION
ALL THAT CERTAIN real property situate partly in the City of San Rafael, County
of Marin, more particularly described as follows:
PARCEL ONE:
BEGINNING at a point on the Northerly line of Fifth Avenue (formerly Culloden
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 Book 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 Mary A. 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
° 36' West 176.6 feet to a point distant South 24°
and North 24 ,36' East 617.64 feet
from the Northwest corner of said parcel conveyed to Bosman; thence South 340 West
1680.44 feet to said Northerly line of Fifth Avenue; thence along said Northerly line
of Fifth Avenue South 560 32' East 70.3 feet; thence South 470 28' East 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 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.
PARCEL TWO:
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 October 15, 1917 in
Book 192 of Deeds at page 147, Marin County Records, thence along the exterior
boundary lines of said Corti parcel South 560 East 357.65 feet and South 340 West
645.5 feet to a point on the Northerly line of Fifth Avenue (formerly Culloden Avenue);
thence leaving said Corti boundary line and along said Northerly line of Fifth Avenue
South 57° 58' East 37.58 feet and South 630 15' East 142.42 feet; thence leavingosaid
Northerly line of Fifth Avenue North 340 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 34° 23' West 1377.0 feet to the point of beginning.
EXCEPTING THEREFROM that portion described in that certain deed to the Marin
Municipal Water District recorded July 22, 1966 in Book 2066 of Official. Records at
page 397, Marin 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 futher
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.
SCHEDULE B
Order No. 59234 PW
At the date hereof exceptions to coverage in addition to the printed Exceptions and
Exclusions in the policy form designated on the face page of this report would be as
follows:
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--240-11,18 Code Area 8-000 &
89-007
CHAIN OF TITLE:
Title of the vestees herein was acquired six months or more preceding the date
hereof.
�`• Tax Area ' s
.`fi�y
89-00-i3
v. ,
89-00,2
I. -I89-003 -
8-04 0
BU 75
01
Ac.
J
17724
d i
�o Q
• . h,0_4 `.e,� a ,>. _ 41.83 Ac; - �o x`•39•
Th st is for your aid in lacating your laiid vat referenc s to streets,:
=::. It is not a surrey. VW12 this Fi>t is L•e1 =ved to t 2 ccr:':ct; t`;�
u-n_s to lizbiiity for sry less o_tcrring by rc;ss.n ur ,cl:rnc_
CALIFOR HA LAND TI T t_ COMPANY O A'1AMN
851 IRININ of TI'.I;:D
SAN RAFAEL, CAUPORNIA 94901
03
56.83 Ac,
MT, TAMALPAIS CEMETERY
BMO
35
to
55
oS3js!'
-5-
BU 0
yBk-1O
33 Bk. l0
\- /9 ,
es Cemetery, Sec. V
R.M. Bk. 3 – F 'a 31-35 Incl. VA
I
It
NU rE—Assessor's Block Numbers Shown in Ellipses.
AssegSor's parcel Numbers Shown in Circles.
6
r. -ny 19 120
f �.� L•{:
�'d 1z s e _ =• '
4 + L A
rr
8,89Ac.
/2
�., yy_
17
B.1O
05
Al
J. Bk.10
IE 01
°Z
Asseassor's Map Bk•177- pg• 24
County of Marin, Calif.
/IV,00.
d i
�o Q
• . h,0_4 `.e,� a ,>. _ 41.83 Ac; - �o x`•39•
Th st is for your aid in lacating your laiid vat referenc s to streets,:
=::. It is not a surrey. VW12 this Fi>t is L•e1 =ved to t 2 ccr:':ct; t`;�
u-n_s to lizbiiity for sry less o_tcrring by rc;ss.n ur ,cl:rnc_
CALIFOR HA LAND TI T t_ COMPANY O A'1AMN
851 IRININ of TI'.I;:D
SAN RAFAEL, CAUPORNIA 94901
03
56.83 Ac,
MT, TAMALPAIS CEMETERY
BMO
35
to
55
oS3js!'
-5-
BU 0
yBk-1O
33 Bk. l0
\- /9 ,
es Cemetery, Sec. V
R.M. Bk. 3 – F 'a 31-35 Incl. VA
I
It
NU rE—Assessor's Block Numbers Shown in Ellipses.
AssegSor's parcel Numbers Shown in Circles.
6
r. -ny 19 120
f �.� L•{:
�'d 1z s e _ =• '
4 + L A
rr
8,89Ac.
/2
�., yy_
17
B.1O
05
Al
J. Bk.10
IE 01
°Z
Asseassor's Map Bk•177- pg• 24
County of Marin, Calif.
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (CONTINUED)
3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 4979
EXCLUSIONS
tri addition to the exceptions in Schedule B. you are not insured against loss. costs, attomeys' fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes buildng and
zoning ordinances and also laws and regulations concerning:
• land use • land division
• improvements on the land • environmental protection
This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks.
2 The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date.
3. Title Risks:
• that are created, allowed, or agreed to by you
• 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
• that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in item 8 of
Covered title Risks
4. Failure to pay value for your title.
5. Lock of a right:
• to any land outside the area specifically described and referred to in Item 3 of Schedule A, or
• 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 ore not insured against loss, costs, attomeys' fees, and expenses resulting from:
Part I
(a) 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 a correct survey would disclose and which are not shown by the public records.
This exception does not limit the forced removal coverage in Item 12 of Covered Title Risks.
(d) Any water rights, claims or title to water on or under the land.
4. AMERICAN LAND TiTLE ASSOCIATION LOAN POLICY - 4970
WITH ALTA ENDORSEMENT FORM 4 COV£RAiF (;AJMENDED 40-97-70)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The fo°ow;ni g matters are expressly excluded from the coverage of this po!;cy:
1. Any law, ordinance or governrnentol regulation (including but not limited to building and zoning ordinances) restricting or
regulating or prohibiting the occupancy, use or enjoyment of the 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 dimensions or
area of the land, or the effect of any violation of any such law, ordinance or governmental regulation.
2 Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the
public records at Date of Policy.
3 Defects, liens, encumbrances. adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured
claimant: (b) not known to the Company and not shown by the public records but known to the insured claimant either a1 Date of
Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and
not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became on insured
hereunder: (c) resulting in no loss or damage to the insured claimant: (d) otioching or created subsequent to Date of Policy
(except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is
o`forded herein as to assessment for street improvements under construction or completed at Date of Policy).
4. Unenforceability of the lien of the Insured mortgage because of failure of the insured at Date of Policy or of any subsequent
owner of the Indebtedness to comply with applicable "doing business" laws of the state in which the land is situated.
J
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 4473
SCHEDULE B
This policy does not Insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the
following:
Port I
1. 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
assessments, 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
the p%:bfic records but which could be ascertained by an In-
spection of the land or by making inquiry of persons in pos-
session theeof.
3. Easements, liens or encumbrances, or claims thereof, which
are rot shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or excep-
tions in patents or In Acts authorizing the issuance thereof; (c)
water rights, claims or title to water.
6. Any right, title, Interest, estate or easement in land beyond
the lines of the area specifically described or referred to in
Schedule A or in abutting streets, roads, avenues, alleys, lanes,
ways or waterways, but nothing In this paragraph shalt modify or
limit the extent to which the ordinary right of an abutting owner for
access to a physically, open street or highway is insured by this
policy -
7. Any law, ordinance or governmental regulation (including
but not limited to building and zoning ordinances) restricting or
regulating or prohibiting the occupancy, use or enjoyment of the
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 dimensions or
area of the land, or the effect of any violation of any such law,
ordinance or governmental regulation.
B. Rights of eminent domain or governmental rights of police
power unless notice of the exercise of such rights appears in the
public records.
9. Defects, liens, encumbrances, adverse claims, or other
matters (a) created, suffered, assumed or agreed to by the
Insured claimant. (b) not shown by the public records and not
otherwise excluded from coverage but known to the insured
claimant either at Date of Policy or at the date such claimant
acquired an estate or interest insured by this policy or acquired
the Insured mortgage and not disclosed in writing by the Insured
claimant to the Company prior to the date such insured claimant
became an 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 knowledge.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM 8 - 1970 (AMENDED 10-17-70)
SCHEDULE OF EXCLUSIONS FROM COVERAGE .
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or
hereatier erected on the Icnd, or prohibiting a separation In ownership or a reduction in the dimensions of area of the land, or the effect
of any violation of any such low, ordinance or governmental regulation.
2. R. ;`its of eminent domain or governmental rights of police power unless notice of the exercise of such righis appears In the public
records at Date of Policy.
3 D=`ects. liens. encumbrances, adverse Clams, or other matters (a) created, suffered. assumed or agreed to by the insured claimant:
(b) not known to the Company and not shown by the public records but knafin to the insured claimant either at Date of Policy or at the
d --'e such claimant acquired on estate or interest by this policy and not disclosed in writing by the insured claimant to the Company prior
to the da'e such Insured claimant became an insured hereunder; (c) resulting in no loss or domaga to the insured claimant: (d)attaching
or created subsequent to Date of Pol?cy, (e) resulting In loss or damage which would not have been sustained if the insured cla'mont had
pad value for the estate or interest insured by this potty.
(List of Printed Exceptions and Exclusions Continued on Reverse Side)
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 Marin 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 Emma 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' West 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 running
North 32° West 520 feet, more or less, to the POINT OF BEGINNING.
EXHIBIT "B"
• k— i -
RESOLUTION N0. 7017
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
OPTION TO PURCHASE AGREEMENT BETWEEN EMMA DUCA AND THE N11RTN COTINTi'
OPEN SPACE DISTRICT AND THE CITY OF SAN RAFAEL(FOR DUCA PROPERTY -
(AP 10-011-07, 10-011-40(tod AnetJnslyS5�P 177-240-11 and 177-240-18)
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 Ja.nnary
19 85 , by the following vote, to N,,it :
AYES: COUNCILME�,:1BERS: Breiner, Nave, Russom and Mayor Mulrvan
NOES: COUNCILMtMERS: None
ABSENT: COUNCILME HERS: Frugoli
JEA'E 1I--�LE0\TCINI, City Clerk
-64
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