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Home My WebLink AboutCC Resolution 7017 (Open Space District)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 MAR.TN CnTTNTv OPEN SPACE DISTRICT AND THE CITY OF SAN RAFAEL(FOR DUCA PROPERTY - (AP 10-011-07, 10-011-46 and�0 orti ns P 177-240-11 and 177-240-18) (to Ane 38, 15� 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 Janna r)j 19 85 , by the following vote, to wit: AYES NOES: ABSENT: COUNCILMEMBERS: Breiner, Nave, Russom and Mayor Vulrvan COUNCILMEMBERS: None COUNCILMEMBERS: Frugoli JEANN M. EONCINI, City Clerk 0 _1w 1`1 - q A L '101 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 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 177-240-11 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. -1- 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. c) 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. SELLER: EMMAf DUCA Dated: December 28, 1984. By IDA CAMGROS,;jher.,attorney in fact ,ft By nr1n h .,- �4-+-r.rni�xr STATE OF CALIFORNIA ] COUNTY OF MARIN ) ss.: On this 28th day of December, 1984, before me, a Notary Public for California, personally appeared IDA CAMGROS and BAPTISTE J. DUCA, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to this instrument as the attorneys in fact of EMMA DUCA, and acknowledged to me that BAPTISTE J. DUCA subscribed the name of said EMMA DUCA thereto as principal, and that BAPTISTE J. DUCA and IDA CAMGROS subscribed their own names as attorney in lir uFFIC'dl SEAL dt IT A. Fii Ci,LI�QRNIA J iy LVarch 1, 1988 CITY OF SAN RAFAEL Mayr Date: / a/ 2?C Approved as to form 1L• 1 California Land 1 Title Com pan of Marin. California Land Title Company of Marin u 851 IRWIN AT THIRD - P.O. BOX 711 - SAN RAFAEL, CA 94915 - (41514,4.9323 ❑ 1704 NOVATO BLVD. - P.O. BOX 845 - NOVATO, CA 94947 - (415) 897-5157 ❑ 650 EAST BLITHEDALE AVE. - MILL VALLEY, CA 94941 - (415) 383.8410 PRELIMIMARY REPORT PROPERTY REFERENCE (Please Confirm) AP 10-011-07,46 & 177-240-11 & 18 Dated as of ......... • ..June..1.........19 ... 84. at 7:30 A.M. Escrow Officer: PATTY WRIGHT Date: June 7, 1984 Our No. 59234 PW Your No. Buyer: In response to the above referenced application for a policy of title insurance, 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 Policies 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 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 COMMI,rMENT 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 Issuir Lawyersfide Insurance Coorporation ,—;,-,4 /,z , / 1,4 Tt i'�lfrAf?Fi 7��a +� "' ,; , '� 1raw p ,- aa�i7i. -•,'V ids SCHEDULE A 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 X, 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 and North 24 36' West 176.6 feet to a point distant South 24° ,36' East 617.64 feet from the Northwest corner of said parcel conveyed to Bosman; thence South 349 West 1680.44 feet to said Northerly line of Fifth Avenue; thence along said Northerly line of Fifth Avenue o uth 56° 32' East 70.3 feet; thence South 47° 28' East 100.3 feet; thence S$uth 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 63° 15' East 142.42 feet; thence leavingsaid 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 340 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 right to install, maintain, repair and inspect the defined in that certain deed executed by Emma Duca t of Marin County California, recorded December 29, Records at page 44, Marin County Records. conduits, and together with the same as provided for and futher o the San Rafael School District 1950 in Book 679 of Official A 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: I. 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 be 177-240-11,18 Code Area 8-000 be 89-007 CHAIN OF TITLE: Title of the vestees herein was acquired six months or more preceding the date hereof. Sgn .r 89-&!�- 1 89-0 3 * - 89-002 89-003 8-040 .............. I Ac. Q. 4 033 Ac. This 3t is our aid in your land vAth references t,) stre or,, Y ' i'� L-6viej to -S. S not a SuP-';-�7- V,'h*.Ie this - pl-t . j - . by nca _cu nes r.o lizbiiity for any ILss e znc, it crr CALIFORN HA LAND TITL: COM.�A-N*y Cr MAPIN, 851 JRHI�4 at Tiil.:D 5AN FZAFAEL, CALIFORNIA 94901 03 Y 56-83 AC. MT IIIALPAIS CEMETERY Bk. 10 35 tet y;s -0 7�- Soo rBk. 10) 81k. 10 ytl(/-2)A. 19 Cemetery, Sec. M. Bk. 3-F�'&31-35incl. -Q t5.274c NOPE—Assessor's Block Numbers Shown in Ellipses. - Ass&-qor's Parcel W':--�ers Shown in Circles. BU 0 05 Bk. 75 01 ,N a Bk, /0 01 Assessor's Map Bk.177-Pg,24 Cc)utltv of Morin, Calif. 19 120 12b. 17 h Ci ;% .�. �"��pv ..!_` ;,bra �; Bk, /0 01 Assessor's Map Bk.177-Pg,24 Cc)utltv of Morin, Calif. LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (CONTINUED) 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 9979 EXCLUSIONS In addition to the exceptions In Schedule B, you are not Insured against loss, costs, attorneys' fees and expenses resulting from 1 Governmental police power, and the existence or violation of any law or government regulation. This includes building 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 & 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 addition to the Exclusions, you are not insured against loss, costs, attorneys' 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 - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE The fc1;o,.ving matters ore expressly excluded from the coverage of this policy: 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 hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the !ond, 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 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 (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent Insurance is afforded 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. LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1973 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: Part 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 or 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 public 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 not 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 shall modify or limit the extent to which the ordinary right of on 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. 8. 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 B - 1970 (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 'I. 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 of 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 righis 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 kno•.•in to the insured cia:'mant either at Date of Policy or at the date such claimant acquired an estate or Interest by this policy 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)ottaching or created subsequent to Date of Policy; (e) resulting in loss or darna•ge which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. (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" •-60 Q OOfr� FIFTH AvF > T H > 0 0 .r N . N f t m D y vm z [� ` Tz �sD� M 0 0 _m K m Cl) D •. z 3 D m of v 0 fD 0 D m T c y a E. e 0 a v 0 0A c o FIFTH AvF s 00 mu 00 0 N Z f t mu Z v