HomeMy WebLinkAboutCC Resolution 7070 (Kerner Blvd Assessment District)RESOLUTION NO. 7070
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN RAFAEL ACCEPTING CONVEYANCE
OF REAL PROPERTY AND AUTHORIZING EXECU-
TION OF RIGHT-OF-WAY CONTRACT - KERNER
BOULEVARD ASSESSMENT DISTRICT, SAN RAFAEL,
CALIFORNIA (A.D. NO. 27)
WHEREAS, the public interest, convenience, necessity and
welfare require that the real property hereinafter mentioned be
accepted 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 Mill Valley Refuse, Inc; a Corporation, which
specifically sets forth the terms and conditions of said conveyance.
I, JEANNE M. LEONCINI, City 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 lst day of April, 1985 by the following vote,
to wit:
AYES: COUNCILMEMBERS:Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:Russom
JEAEXE—M. LEONCINI, City C erk
RIGHT OF WAY CONTRACT
CITY OF SAN RAFAEL
This Contract made and entered into this day of
, 198_ by and between MILL VALLEY F.EFUSE
hereinafter called "Grantor(s)" and City of San Rafael,
hereinafter called "City".
A copy of Document 127204 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 $61,400.00
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 reconvgyance
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. - �.
MIGHT 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
-P
M ,e► Y e� R.
IT, cLG RY,
Approved as to form:
0
Grantor(s)
MILL VALLEY REFUSE SERVICE, INC.,
a/cpr /oration
B1Y : ��C�C�-G-G�
,Jo.
grow No. 127204
Loan No.
Ceitdled to e a true and orrect COPY
WHEN RECORDED MAIL TO: of the ori -'in
FIRST A%'Lhl � COMPANY
OF '�N
BY..._.—
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO:
DOCUMENTARY TRANSFER TAX..�.Q;I:tt;,...D.U.L...................
Game dS above Computedon the const anon or vele of property conveyed. OR
....,. Computed an the const ration or valueless liens or encumbrances
remaining at time of sale
"ianeturo otpent oetermi�.ng tar – Flrm rJ a'na
First Amprinan Titlp CmmnRnv
CORPORATION GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged,
MILL VALLEY REFUSE SERVICE, INC. a corporation
a corporation orcanized under the laws of the State of does hereby
GRANTto CITY OF SAN RAFAEL, a Public corporation
the real property in the City of San Rafael
County of Marin State of California, described as
SEE EXHIBIT "A" ATTACHED HERETO AND MADE. A PART HEREOF
Dated December 11 , 1564
STATE OF CALIFORNIA I
COUNTY OF 1ss
SEE ATTACHED FOR NOTARY
On
before me, the undersigned, a Notary Public in and for mid
State, personally appeared
known to me to be the President, and
known to me to be the Cacretary, of
the corporation that executed the within instrument, and known
to me to be the persons who executed the within instrument on
behalf of the corporation therein named, end acknowledged to me
that such corporation executed the within instrument pursuant to
its by-laws or a resolution of its board of directors.
14ILL VALLEY RLFUSE SEF.VICE,_.I .0 _._
By
President
By
Secretary
WITNESS my hand and official seal
Signature lThis area for aFfi—I nomnat soeq
114410'GS
MAI! TL=' SI �TCS:Fr1:Tr- Ar' 712C'Tr. f- :l.f S'.IF
STA."E OF CALIFORNIA
COUNTY OF MARI N
On this 11th day of December, 1984, before me, T.A.Johnson, a Notary Puhlic,
State of California, duly commissioned and sworn, personally appeared M.'T m
H. DUNN known to me to be the person whose name is subscribed to the within
instrument as witness thereto, who, beina by me duly sworn, EINZRD H. am
deposed and said: that he resides in Marin County, State of California, that
he was present and saw JULIO DAMI, personally known to him to be the President
of the corporation and ROMDLO C. IAVARONE, personally known to him to be the
Secretary of the corporation described in and that executed the within inst-
rament, and also known to be the persons who executed the within instrument
on behalf of the corporation therein named, and acknowledged to him that
such corporation executed the same, sign, seal and deliver the same; that the
said JULIO DAMI and ROMOLO C. IAVARONE duly acknowledged in the presence of
said affiant that they executed the same and that he, the said affiant, there-
upon, and at the request of JULIO DAMI and ROMOLO C. IAVARONE, subscribed his
name as witness thereto.
IN WITNESS WHERDOF I have hereunto set my hand an ixed my official seal
in the County of Marin the day and year in thi certificate first above
written.
')"'ciol Seol
T. A. JOH14SON
Notary Public
Marin County
Staff of California
My Comm. Exp'res April 8, 1988
T. A. Johnson
Notary Public, State of California
My Commission Expires April 8, 1988
EXHIBIT "A"
All that certain real property situate in the City of San Rafael, County of Marin,
State of California, described as follows:
Beginning at the most southerly corner of LOT 1, as shown upon that certain map
entitled "Map of Ceccotti Tract, San Rafael, California", recorded September- 14, 1970
in Volume 14 of Record Maps at Page 75, Marin County Records, at the southerly
terminus of the course "South 38046' West, 200.734 feet", as shown thereon (14 RNI 75) ;
thence along the southeasterly boundary of said LOT 1 (14 RN4 75) North 37°32'12"
East, 200.73 feet; thence leaving said southeasterly boundary (14 RM 75), along the
northeasterly boundary of said LOT 1 (14 RM 75) northwesterly along a curve to the
right, whose center bears North 32002158" East, having a radius of 773.00 feet through
a central angle of 2013'49", an arc length of 30.09 feet; thence leaving said northeaster
boundary (14 RM 75) South 37032'42" West, 176.06 feet; thence westerly along a curve
to the right, tangent to the preceding course, having a radius of 25.00 feet through
a central angle of 88150'59", an arc length of 38.77 feet to the southwesterly boundary
of said LOT 1 (14 RM 75) ; thence along said southwesterly boundary (14 RN1 75)
southeasterly along a curve to the left, whose center bears North 36023'41" East,
having a radius of 973.00 feet through a central angle of 3°12'48", an arc length of
54.57 feet to the point of beginning.
Containing 0.1409 acres more or less.
STATE OF CALIFORNIA
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