Loading...
HomeMy WebLinkAboutCC Resolution 7032 (Open Space District)RESOLUTION NO. 7032 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 OWENS MORTGAGE COMPANY AND THE MARIN COUNTY OMEN SPACE 111b'1-AlUl' AIND 1n -b U111 OF SAN RAFAEL (FOR OWENS MORTGAGE COMPANY PROPERTY - (A.P. 10-011-18 AND 10-041-42) (Shall extend through to and expire 12/31/85) 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 fourth day of February 19 85 by the following vote, to wit: AYES: COUNCILME`IBERS : Breiner, Frugoli, Nave, Russom and Diayor Mulryan NOES: COUNCILME1IBERS : None ABSENT: COUNCILMEIffiERS : None JE E Nt. LEONCINI, City Clerk - 7-V OPTION TO PURCHASE AGREEMENT THIS AGREEMENT, made and entered into this a �-;e/l day of �,ax•� 1985, by and between OWENS MORTGAGE COMPANY, a - U zQrporation, hereinafter designated "OWENS" 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." W I T N E S S E T H: OWENS is the owner of that certain real property in the City of San Rafael, County of Marin, State of California, more particularly described in Preliminary Title Report Number 59235 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 OWENS is willing to enter into said Agree- ment 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, OWENS agrees to sell and convey to DISTRICT/ CITY the property described in Exhibit "E" and depicted on Exhibit "C" as said exhibits are attached and made a part hereof by reference, comprising approximately 9.02 acres of land described as Assessor's Parcels 10-011-18 and 10-041-42, and DISTRICT/CITY agree to purchase said property from OWENS under tila 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. OR 1-A!� Oj 3. Purchase Price. The purchase price of the properties described herein shall be the sum of ONE HUNDRED SEVENTY THOUSAND DOLLARS ($170,000.00) 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 hereinabove mentioned. Real Estate commissions will not be paid by OWENS nor by DISTRICT/CITY. 4. Condition of Title. OWENS 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 assess- ments, 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, 5, 6, 7, 8 and 9 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 December 31, 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 sixty (60) days, then this Agreement shall be terminated and. will be of -2- no force and/or effect, all without 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 OWENS 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) 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 OWENS 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. 8. This Agreement shall run with the land and shall inure to the benefit of and be binding upon the successors and assigns of OWENS and DISTRICT/CITY. M911 9. OWENS and DISTRICT/CITY agree that tiinre is of the essence under this Option to Purchase Agreement. IN WITNESS WHEREOF, the parties hereto caused this Agree- ment to be duly executed the day and year first above written. OWENS: OWENS MORTGAGE COMPANY$ a Corporation By V Date: / ` z% - g-5- DISTRICT/CITY: -S DISTRICT/CITY: MARIN COUNTY OPEN SPACE DISTRICT President, Board of Dd. ectors ATTEST: Lv( ,-- ecretary Date: CITY OF SAN RAFAEL Mayor, Lawrence E. Mulryan Cit Clerk, Jeanne Leoncini Date: Approved as to form: -4- 9. OWENS and DISTRICT/CITY agree that time is of the essence under this Option to Purchase Agreement. IN WITNESS WHEREOF, the parties hereto caused this Agree- ment to be duly executed the day and year first above written. OWENS: OWENS MORTGAGE COMPANY, a Corporation By By {f✓., Date. DISTRICT/CITY: MARIN COUNTY OPEN SPACE DISTRICT President, Board of Directors ATTEST: Secretary Date: CITY OF SAN RAFAEL GL Ma-gor, Lawrence E. ulr," Ci Clerk, Jeanne, Ito. Leoncini Date: 02AMy, Approve as to form: ' -4- 1 � ..- California Land Title Company of Marin California Land Title Company of Marin LXl 851 IRWIN AT THIRD - P.O. BOX 711 - SAN RAFAEL, CA 94915 - (415) 454-9323 ❑ 1704 NOVATO BLVD. - P.O. BOX 845 - NOVATO, CA 94947 - (415) 897-5157 ❑ 650 EAST BLITHEDALE AVE. - MILL VALLEY, CA 94941 - (415) 383.8410 PRELIMINARY REPORT PROPERTY REFERENCE (Please Corjirm) AP 10-011-18 & 10-041-42 Dated as of ........... May- • 11 , 19.84 ... at 7:30 A.M. Escrow Officer: PATTY WRIGHT Date: May 18, 1984 Our No. 59235 PW Your No. Buyer: In response to the above referenced application for a policy of title insurance. CALIFORNIA LAID TITLE COMPANY OF MARI 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 COMMITMENT SHOULD BE REQUESTED, The form of policy of title insurance contemplated by this report is: 1. Califer. is Land Title Association Standard Coverage Policy U 2. American Land Title Association Owner's Policy Form B ❑ 3 American Land Title Association Residential Title Insurance Policy ❑ 4. American Land Title Associatic ISSL L1wersTiflejnsurance &poration �,��,�� 1 •',- .•,.r —�-•-_-._ - �- ��:' -.',•l..'^�-tr.:zy�*:c+�-�:+„:9nrd^'�::,%r-.:•.^"'t"c'''�.gRr�'�.tt .. ?r-•^.- :�.'@':c'+�`T' .�.,..^-r_ -sfr^. � . --. - - �f,-"' ,Pith'': x-r'�r'i• sc�^�". �� T.'r•s..•sh: >: .^:O: — .-s ...�: .:S: :.n-:V:..:'Y+ia-L+...,Nr_. yt"'�'�'. _° ..XS:..: `rt...ta,s:'L:i_..a ar i='at..!R� J�]313:_Jk.'OtPr..d•.�-•bds}ib-az.�.•�r .wi. i SCHEDULE A Order No. 59235 PW The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: OWENS MORTGAGE COMPANY, a corporation The land referred to in this report is situated in the State of California, County of Marin , City of San Rafael and is described as follows: DESCRIPTION ATTACHED J) DESCRIPTION All that certain real property situate in the City of San Rafael, County of Marin, State of California, described below as follows: PARCEL ONE: BEGINNING at the most Northerly point of Lot 128, as shown upon the "Map of Sun Valley, Unit Two", filed August 7, 1943 in Book 5 of Maps at page 100, Marin County Records; running thence along the Northerly line of said Subdivision South 87004120" East 209.367 feet, South 60 00' East 38.888 feet to the Northwesterly line of the property described in Deed to Robert J. Straight, et ux, recorded August 4, 1944 in Book 466 of Official Records, at page 290; thence along the exterior boundary lines of said last mentioned property, North 30°00' East 150.0 feet, South 60° East 120.0 feet; South 30000' West 50.0 feet to the Northeasterly line of the property described in Deed to Harold Johnson, et ux, recorded August 12, 1944 in Book 473 of Official Records at page 33; thence along the Northeasterly and Southeasterly line of said property South 600 o East 52 feet and South 30 'Vest 100 feet to the Northerly line of the Subdivision above referred to; thence along said last named line South 60°00' East 307.859 feet to the Northwesterly line of the property described in Deed to Roland D. Hellman, et ux, recorded April 7, 1947 in Book 548 of Official records at page 128; thence along said last mentioned line and the Northwesterly line of the property described in Deed to Oliver G. Bean , et ux, recorded February 21, 1946 in Book 495 of Official Records at page 443, North 18° East 110 feet to the most Northerly corner of said last mentioned property; thence along the Northeasterly line thereof South 76014115" East 68.904 feet to the Westerly line of the property described in Deed from San Rafael Land Title Company, a corporation, to City of San Rafael, a municipal corporation, recorded August 26, 1947 in Book 562 of Official Records at page 82; thence along said last mentioned line North 13°45'45" East 40 feet to the most Northerly corner of said last mentioned property, thence Northerly in a direct line to an angle point in a 40.0 foot road right of way at the intersection of the two courses in said centerine, "South 52°54' West 106.6 feet and South 65°17' West 73.0 feet;" thence along said centerline, South 65°17' West 73.00 feet; North 72°56' West 50.1, feet, North 30°58' Joest 50.5 feet, North 00°23' East 146.1 feet, North o 31 24' West 58.8 feet, North 6 20' East 180.9 feet to a stake at the junction with another 40 foot road; thence along the centerline of said 40 feet road North 62°07' West 94.0 feet South 44°54' West 100.0 feet, South S4°55' West 200.0 feet; South 49°44' West 150.0 feet, South 65°41' West 50.0 feet; thence leaving said road centerline, South 24057' West 341.6 feet to the point of beginning. EXCEPTING THEREFRO&I the portion thereof described as follows: BEGINNING at the most Southerly corner of the property described in Deed to Harold Johnson, et ux, recorded August 12, 1944 in Book 473 of Official Records at page 33; running thence along the Northerly line of the property shown upon the "klap of Sun Valley, Unit Two", filed August 7, 1943 in Book 5 of Maps at page 100, Marin County Records; South 60° 00' East 307.359 feet to the Northwesterly line of the property -- described in Deed to Roland D. Hellman, et ux, recorded April 7, 1947 in Book 54S of Official Records at page 128; thence along said last mentioned line and the Nortnwesterly line of the property describes in Deed to Oliver G. Bean, et ux, recorded February 21, 1946 in Book 495 of Official Records at page 443, North iso East 110 feet to the most Northerly corner of said last mentioned propert}; thence North 60° West 226.78 feet and North 380 58' West 62.38 feet to a point which bears North 300 East from the point of beginning; thence South 30° 'Vest 130 feet to the point of begi nning. E ALSOI EXCEPTING THEREFROM that portion thereof described as follows: ) , 11. BEGINNING at the Southerly corner of Lot 1, as shown upon the Map entitled, "Map of Sun Valley Heights Unit One, San Rafael, Calif.", filed for record March 5, 1954 in Book 8 of Maps at page 2, Marin County Records, and running thence along the Westerly lines of said Lot 1 and of Lot 2, North 10043'30" East 191.396 feet to the Southerly line of a forty foot roadway easement; thence along said Southerly line South 65017' West 62.081 feet, and North 72056' 60.3 feet, thence leaving said Southerly line South 14035'41' West 138.775 feet to the Northerly line of a fifty foot roadway o easement; thence along said Northerly line South 60 West 61.629 feet and South 760141 East 61.769 feet to the point of beginning. h PARCEL TWO: BEGINNING at a point in the Southerly boundary line of the lands described in the Deed from Grace M. McLean to San Rafael Land Title Company, dated February 13, 1946 and recorded February 15, 1946 in Book 495 of Official Records at pa a 393, Marin County records; said point being at the intersection of the courses North 8522'30" East 144.16 feet and South 85°11' East 289.39 feet; thence from said point of beginning and leaving said Southerly boundary line, North 61°01'40" West 3,267.747 feet to a point in the Northwesterly line of said propoerty so described in said Deed to San Rafael Land Title Company; thence South 34 00' West along said Northwesterly line, 300 feet, more or less, to the most Westerly corner of the said property so described in said Deed to San Rafael Land Title Company, said point being also the common corner of the lands now or formerly of Forbes, Tamalpais Cemetary and Freitas, (formerly Lucas); thence Southerly along the Westerly and Southwesterly line of said Deed to San Rafael Land Title Company, the following courses and distances; South 25°00' East 794 feet and South 60045' East 924.79 feet; thence South 37°04' West 855.80 feet, South 55°56' East 66.30 feet, North 24°57' East 31.49 feet, North 65°44' East 50 feet, North 49°44' East 150 feet, North 84°55' East 200 feet, North 44°54' East 100 feet; South 62°07' East 94 feet, South 12°39' East 150 feet, South 30°12' East 47 feet, South 55°24' East 50 feet, South 84°59' East 50 feet, North 54°23' East 50 feet, North 74°53' East 193 feet, South 23°42' East 200 feet, South 61059' East 50 feet, North 87°O1' East 48 feet, North 67°11' East 200 feet, North 84°28' East 59 feet, South 24°37' East 200 feet, South 45°29' East 50 feet, South 62°28' East 50 feet, South 85°46' East 205.70 feet, North 4°06' East 128.30 feet, North 23°27' East 123.30 X eet to the Westerly corner of the tract of land conveyed to Marin Title Guaranty Company, by Deed recorded February 13, 1945 in Book 481 of Official Records at page 129, Marin County Records; thence leaving said line and running North 34°47' East 617.5 feet, more or less, to a point in the Southwesterly boundary of Parcel A, as described in the Deed from Marin Title Guaranty Company, a corporation, et al, to Herbert A. Crocker & Co., a corporation, recorded March 18, 1952 in Book 734 of Official Records at page 318; thence North 34°30' West 38.811 feet to the Southeasterly corner of the lot conveyed by Marin Title Guaranty Company, to Marin Municipal Water District, by Deed recorded June 28, 1951 in Book 700 of Official Records at page 89, Marin County Records; running thence along the Easterly line of said tract, North 16°53' West 56.889 feet to the Northeasterly corner of said tract; thence North 71°46' East 13.866 feet, North 75°19'30" East 114.37 feet and North 85022'30" East 144.16 feet to the point of beginning. EXCEPTING THEREFROM the lands described in the Deed from San Rafael Title Company, to Marin Municipal Water District, recorded May 12, 1948 in Book 583 of Official Records at page 300, and in the Deed from r.iarin Title Guaranty Company, to Marin Municipal Water District, recorded June 28, 1951 in Book 700 of Official Records at page 89, Marin County Records. ALSO EXCEPTING THEREFROM the included portion of the land described in the Deed from Marin Title Guaranty Company, et al, to Herbert A. Crocker & Co., recorded March 18, 1952 in Book 734 of Official Records at page 318, Marin County Records. CONTINUED PARCEL TWO CONTINUED ALSO EXCEPTING THEREFROM the included portions of the lands described in the Deed from Thorinson Construction Corporation, a corporation, to Warren C. Connason, et ux, recorded Janury 14, 1957 in Book 1085 of Official Records at page 621, Marin County Records. ALSO EXCEPTING THEREFROM the included portions of the lands described in the Deed from Thorinson Construction Corporation, a California corporation, to Monty Williams, et al, recorded August 13, 1957 in Book 1134 of Official Records at page 172, Marin County Records. ALSO EXCEPTING THEREFROM the included portions of the lands described in the Deed from Thorinson Construction Corporation, a corporation to the Marin Municipal Water District, recorded February 15, 1954 in Book 850 of Official Records at page 65, Marin County Records. ALSO EXCEPTING THEREFROM the included portions of the lands described in the Deed from Thorinson Construction Corporation, a California corporation to Emil Raymond Bettini, et ux, recorded May 24, 1956 in Book 1030 of Official Records at page 350, Marin County Records. ALSO EXCEPTING any included portions of the herein described property lying within the boundaries of the following subdivisions: A. Map of Rafael Highlands, Unit One, San Rafael, California, filed for record �l PARCEL TWO CONTINUED ALSO EXCEPTING THEREFROM the included portions of the lands described in the Deed from Thorinson Construction Corporation, a corporation, to Warren C. Connason, et ux, recorded Janury 14, 1957 in Book 1085 of Official Records at page 621, Marin County Records. ALSO EXCEPTING THEREFROM the included portions of the lands described in the Deed from Thorinson Construction Corporation, a California corporation, to Monty Williams, et al, recorded August 13, 1957 in Book 1134 of Official Records at page 172, Marin County Records. ALSO EXCEPTING THEREFROM the included portions of the lands described in the Deed from Thorinson Construction Corporation, a corporation to the Marin Municipal Water District, recorded February 15, 1954 in Book 850 of Official Records at page 65, Marin County Records. ALSO EXCEPTING THEREFROM the included portions of the lands described in the Deed from Thorinson Construction Corporation, a California corporation to Emil Raymond Bettini, et ux, recorded May 24, 1956 in Book 1030 of Official Records at page 350, Marin County Records. ALSO EXCEPTING any included portions of the herein described property lying within the boundaries of the following subdivisions: A. Map of Rafael Highlands, Unit One, San Rafael, California, filed for record August 18, 1954 in Volume 8 of Maps at page 19, Marin County Records. B. Map of Rafael Highlands, Unit Two, San Rafael, California, filed for record January 20, 1956 in Volume 9 of Maps at page 13, Marin County Records. C. Map of Newman Highlands, San Rafael, California, filed for record June 6, 1962 in Volume 11 of Maps at page 19, Marin County Records. ALSO EXCEPTING the lands described as Parcel Two in the Deed from Robert O. Winkler, et ux, to William T. Brogan, et ux, recorded May 18, 1965 in Book 1941 of Official Records at page 56, Marin County Records. ALSO EXCEPTING the lands described in the Deed from Thorinson Construction Corporation, to F. William Lohse, et ux, recorded February 19, 1958 in Book 1172 of Official Records at page 451, Marin County Records. ALSO EXCEPTING the lands described in the Deed from Thorinson Construction Corporation, to Charles A. Terry, et ux, recorded December 30, 1958 in Book 1244 of Official Records at page 612, Marin County Records. SCHEDULE B Order No. 59235 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, alien 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. Easements for roadway and utility purposes over that portion of the herein described property lying within the boundaries of the 40 foot roadway referred to in that certain deed recorded April 18, 1913 in Book 151 of Deeds at page 160, Marin County Records. 4. An easement affecting the portions of said land and for the purposes hereinafter stated, and incidental purposes as provided in the instrument Recorded: September 19, 1950 in Book 665 of Official Records at page 34 Marin County Records For: Roadway and utility purposes Aff ects: Southeasterly portion 5. An easement affecting the portions of said land and for the purposes hereinafter stated, and incidental purposes as provided in the instrument Recorded: dune 20, 1969 in Book 2305 of Official Records at page 580 Marin County Records For: Roadway and Public Utility purposes Affects: Southerly portion 6. An easement affecting the portions of said land and for the purposes hereinafter stated, and incidental purposes as provided in the instrument Recorded: October 9, 1981 as Recorder's Serial No. 81-44883 Marin County Records For: Drainage purposes, 12 feet in width Affects: Southerly portion 7. 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, a California corporation For: Underground conduits, pipes wires, cables, electrical conductors, gas pipelines, etc., 10 feet in width Affects: Southeasterly portion of Parcel One Recorded: November 232 1983 as Recorder's Serial No. 83-59002 Marin County Records 8. Any facts, rights or interest which a correct survey of said property may disclose. 9. Compliance with the State Subdivision Map Act and local ordinances enacted thereto. TAX NOTE: General and special County and City taxes for the fiscal year 1983-1984 have been paid in full in the amount of $1,549.48. Assessor's Parcel No. 10-011-18 be 10-041-42 Code Area 8-000 CHAIN OF TITLE: Title of the vestees herein was acquired six months or more preceding the date hereof. _<. �p (& D� r\\` CJ r O • vI y 'YM:� w,re•, D CT - r� e:��+, ? CSI _.. iL s r i SIO• C m xc: l D vt , mow, J.rl• Pl I t r^ VST\. VJ r O ._' COx This plat Is for your aid in locating your land with references to str, sts and oth,r o t? CO K S J I parcels. It is not a survey. While this plat is berei:ad to t o carrca. ccr;Fe-y O -�p.0 0 '� ,/ ;; assumes no liability for any loss occurring by reason of r_:ic,ce t:: r:.9, O CALIFORMA LAND TITLE COMPANY CF t ;t:u,'l S10 FIFTH AVENUE c, SM RAFAEL, CAUFO%N:A 94902 / J• t•" J O _ %a ' t• O r _Zr__ H13Btr73 C) C) a Z7 Cb Q•+ H x� :.. 0 0 I D D � Cn !� V1 tD D W 0 0 � ° � D Z� 7 n ° f j 3 � R n� N _<. �p (& D� r\\` CJ r O • vI y 'YM:� w,re•, D CT - r� e:��+, ? CSI _.. iL s r i SIO• C m xc: l D vt , mow, J.rl• Pl I t r^ VST\. VJ r O ._' COx This plat Is for your aid in locating your land with references to str, sts and oth,r o t? CO K S J I parcels. It is not a survey. While this plat is berei:ad to t o carrca. ccr;Fe-y O -�p.0 0 '� ,/ ;; assumes no liability for any loss occurring by reason of r_:ic,ce t:: r:.9, O CALIFORMA LAND TITLE COMPANY CF t ;t:u,'l S10 FIFTH AVENUE c, SM RAFAEL, CAUFO%N:A 94902 / J• t•" J O _ %a ' t• O r _Zr__ H13Btr73 C) C) Q This plat is for your aid in locating your land with references to srr=.;s ;.rd o;.:.r parcels. It is not a survey. While this plat is beloived to be correct, t`_ assumes no liability for any Loss occurring by reason of re'iance thereon. n Z c ` CALIFORNIA LAND TITLE COMPANY OF NIARIN 810 FIFTH AVENUE 1 SAN RAFAEL, CALIFORNIA 94902 ee j . 7 , S O o •r a - O h .. N N �• r !� O o N • ® �� � • (y1 }r - 4 v v + m .. - o • n^a f v * x z QA#• j„ •)A; �Y� o • rrO, 1 J rf� , ' + l /air tnGN'UP �t e� W N H Err to Cr ' 1] ® rq� 4yi .rsr•sr •. . Std_ 41 7 -° cb 10 A, zir tog CO V co (T t 1 ) N n = •Q .6 - Gp ..: a .'a:� � S 2/b a //' _ _ 5 : ..., s.,, p {D u� �' • f. :J�� is 1 O �_ _ y i!f .s.�s _ _' O Z D D I ,D In 0 n Z c �� r O . 7 , S O •r . D .� J�)•JO' ~• �� 1 \ 01 N .. 02 1 Cy0 � .ar•d • _ �., irs u,� �� H � o a 1410. A cl Q LQ Oft r O Z D D I ,D In 0 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1973 SCHEDULE B This peiicy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the foliowing- 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 me 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. Eosements, 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. b. Any righ!, title, interest, estate or easement in land beyond the lines of the area specifical!y described or referred to In Schedu:e A, or in abutting streets, roads, avenues, alleys, loves, ways or wo`erwoys, but nothing in this paragraph sha!i modify or limit the exent to which the ordinary right of an abutting owner for access t;; c physically open street or highway is insured by this Policy 7, Any low, ordinance or governmental regulation (includrrb 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 axnership or a reduction in the dimensions c.- area .area of the land, or the effect of any violation of any such kAw 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 othe- matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and nc� otherwise excluded from coverage but known to the insurer claimant either of Date of Policy or at the date such claimar.' acquired an estate or interest insured by this policy or acquirer-- the cquirerthe insured mortgage and not disclosed in writing by the insurer claimant to the Company prior to the date such insured claiman7 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 w, have been sustained if the insured claimant had been a pu-- 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 'a,.,, ordnance or govemmento! regulotion (including but not limited to building and zoning ordinances) restricting or regulating o� prc- a":rd the occupancy, use or enjoyment of the land, or regulating the character, d;. ?^sions or lavation of any improvement nowor he•eo"ei erected on the land. or prohibiting c sepicratlon :n cwrers~iP or a reduc^cn in the d:-nens:ons of area of the land, or the effec` o` c-, v c'c"on of any such law ordinance or governmenroi regu!a?ion. 2 P g` -'s c' em�nent domain or governrrentol rights of police power unless notice of the exercise of such rights appears in the public reco:as at Date of Pol,cy. 3. Defects, liens. encumbrances, adverse Claims, or other matters (a) created, suffered, assumed or agreed to by the insured cloiman' (b) nor kno`vn to the Company and not sha.vn by the public records but known to the insured claimant either at Date of Policy or at the dc -e sucti claimant acquired on estate or interest by this po!icy and not d•sclosed in writing by the insured claimant to the Company pro - to the da'e such insured cio'.mant became an insured hereunder• (c) resulting in no loss or damage to the insured claimant: (d) attacher – or cryo'ed subsequent to Date of Policy: (e) resulting in loss or damage which would not ha.a been sustained if the insured claimant hag po o value for the estate or interest insured by this policy. (List of Printed Exceptions and Exclusions Continued on Reverse Side) LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (CONTINUED) 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1979 EXCLUSIONS In addit!on 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. Lack 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;t-on 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. Tn[s exception does not limit the lien coverage in Item 8 of Covered Title Risks. (c) Any fccts 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 -.voter rights, claims or title to water on or under the land. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH kL.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE' . The fo c ti , matters are expressly ecciucl d from the ca:,eroge of th s po':cy: mcny law, ordinance or governmental reg°±!ctlon (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 gove-nmental regulation. 2 Rights of erninent domain or governmental rights of police power unless notice of the exe•cise of such rights appears in-ne public records at Date of Policy. 3 Defects, liens, encumbrances. adverse claims, or other matters (a) created, siffered, assumed or agreed to by the insu•--d c iairnant: (b) not known to the Company and not shown by the public records but known to the insured claimant either at Do'e of Policy or at the date such claimant ocquired an estate or interest insured by this policy or acquired the insured mortgage 0!-,,d no' disclosed in writing by the ins, -;:ed claimant to the Company prior to the date such insured cloimont became an ins . _d heieunder: (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent to Date of Rii ry (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is cFford=.;d here"n as to assessment for street improvements under construction or completed at Date of Policy). 4 Unenforceability of the lien of the insured mortgoge because of failure of the insured at Date of Policy or of any subseql.aent caner of the indebtedness to comply with applicab!e "doing business" laws of t`,e state in which the land is situated R ALL that certain real property situate in the City of San Rafael, County of Marin, State of California, described below as follows: PARCEL ONE: BEGINNING at the most Northerly point of Lot 128, as shown upon the "Map of Sun Valley, Unit Two," filed August 7, 1943 in Book 5 of Maps at page 100, Marin County Records; running thence along the Northerly line of said Subdivision South 87° 04' 20" East 209.367 feet, South 60° 00' East 38,888 feet to the Northwesterly line of the property described in Deed to Robert J. Straight, et ux, recorded August 4, 1944 in Book 466 of Official Records, at page 290; thence along the exterior boundary lines of said last mentioned property, North 30° 00' East 150.0 feet, South 600 East 120.0 feet; South 30° 00' West 50.0 feet to the Northeasterly line of the property described in Deed to Harold Johnson, et ux, recorded August 12, 1944 in Book 473 of Official Records at page 33; thence along the Northeasterly and Southeasterly line of said property South 600 East 52 feet and South 30° West 100 feet to the Northerly line of the Subdivision above referred to; thence along said last named lineSouth 60° 00' East 307.859 feet to the Northwesterly line of the property described in Deed to Roland H. Hellman, et ux, recorded April 7, 1947 in Book 548 of Official Records at page 128; thence along said last mentioned line and the Northwesterly line of the property described in Deed to Oliver G. Bean, et ux, recorded February 21, 1946 in Book 495 of Official Records at page 443, North 18° East 110 feet to the most Northerly corner of said last mentioned property; thence along the Northeasterly line thereof South 76° 14' 15" East 68.904 feet to the Westerly line of the property described in Deed from San Rafael Land Title Company, a corporation, to City of San Rafael, a municipal corporation, recorded August 26, 1947 in Book 562 of Official Records at page 82; thence along said last mentioned line North 13° 45' 45" East 40 feet to the most Northerly corner of said last mentioned property, thence Northerly in a direct line to an angle point in a 40.0 foot road right of way at the intersection of the two courses in said centerline, "South 52° 54' West 106.6 feet and South 65° 17' West 73.0 feet;" thence along said centerline, South 65° 17' West 73.00 feet; North 72° 56' West 50.1 feet, North 30° 58' West 50.5 feet, North 00° 23' East 146.1 feet, North 31° 24' West 58.8 feet, North 6° 20' East 180.9 feet to a stake at the junction with another 40 foot road; thence along the centerline of said 40 feet road North 62° 07' West 94.0 feet, South 44° 54' West 100.0 feet, South 84° 55' West 200.0 feet; South 49° 44' West 150.0 feet, South 650 41' West 50.0 feet; thence leaving said road centerline, South 24° 57' West 341.6 feet to the point of beginning. EXCEPTING THEREFROM the portion thereof described as follows: BEGINNING at the most Southerly corner of the property described in Deed to Harold Johnson, et ux, recorded August 12, 1944 in Book 473 of Official Records at page 33; running thence along the Northerly line of the property shown upon the "Map of Sun Valley,Unit Two," filed August 7, 1943 in Book 5 of Maps at page 100, Marin County Records; South 60° 00' East 307.859 feet to the Northwesterly line of the property described in Deed to Poland D. Hellman, et ux, recorded April 7, 1947 in Book 548 of Official Records at page 128; thence along said last mentioned line and the Northwesterly line of the property described in Deed to Oliver G. Bean, et ux, recorded February 21, 1946 in Book 495 of Official Records at page 443, North 18° East 110 feet to the most Northerly corner of said last mentioned property; thence North 60° West 226.78 feet and North 38' 58' West 62.38 feet to a point which bears North 30° East from the point of beginning; thence South 30° West 130 feet to the point of beginning. EXHIBIT "B" Sheet 1 of 3 n ALSO EXCEPTING THEREFROM that portion thereof described as follows: BEGINNING at the Southerly corner of Lot 1, as shown upon the Map entitled, "Map of Sun Valley Heights Unit One, San Rafael, Calif.," filed for record March 5, 1954 in Book 8 of Maps at page 2, Marin County Records, and running thence along the Westerly lines of said Lot 1 and of Lot 2, North 10° 43' 30" East 191.396 feet to the Southerly line of a forty foot roadway easement; thence along said Southerly line South 65° 17' West 72,081 feet, and North 72° 56' West 60.3 feet, thence leaving said Southerly line South 14° 35' 41" West 138.775 feet to the Northerly line of a fifty foot -roadway easement; thence along said Northerly line South 60° West 61.629 feet and South 76° 14' East 61.769 feet to the point of beginning. PARCEL TWO: BEGINNING at a point in the Southerly boundary line of the lands described in the Deed from Grace M. McLean to San Rafael Land Title Company, dated February 13, 1946 and recorded February 15, 1946 in Book 495 of Official Records at page 393, Marin County records; said point being at the intersection of the courses North 85° 22' 30" East 144.16 feet and South 85° 11' East 289.39 feet; thence from said point of beginning and leaving said Southerly boundary line North 61° 01' 40" West 3,267.747 feet to a point in the Northwesterly line of said property so described in said Deed to San Rafael Land Title Company; thence South 34° 00' West along said Northwesterly line, 300 feet, more or less, to the most Westerly corner of the said property so described in said Deed to San Rafael Land Title Company, said point being also the common corner of the lands now or formerly of Forbes, Tamalpais Cemetery and Freitas, (formerly Lucas); thence Southerly along the Westerly and Southwesterly line of said Deed to San Rafael Land Title Company, the following courses and distances; South 25° 00' East 794 feet and South 60° 45' East 924.79 feet; thence South 37° 04' West 855.80 feet, South 55° 56' East 66.30 feet, North 24° 57' East 31.49 feet, North 65° 44' East 50 feet, North 49° 44' East 150 feet, North 84° 55' East 200 feet, North 44* 54' East 100 feet, South 62° 07' East 94 feet, South 12° 39' East 150 feet, South 30° 12' East 47 feet, South 55° 24' East 50 feet, South 84° 59' East 50 feet, North 54° 23' East 50 feet, North 74° 53' East 193 feet, South 23° 42' East 200 feet, South 61° 59' East 50 feet, North 87° 01' East 48 feet, North 67° 11' East 200 feet, North 84° 28' East 59 feet, South 24° 37' East 200 feet, South 450 29' East 50 feet, South 62° 28' East 50 feet, South 85° 46' East 205.70 feet, North 4° 06' East 128.30 feet, North 23° 27' East 123.30 feet to the Westerly corner of the tract of land conveyed to Marin Title Guaranty Company, by Deed recorded February 13, 1945 in Book 481 of Official Records at page 129, Marin County Records; thence leaving said line and running North 34° 47' East 617.5 feet, more or less, to a point in the Southwesterly boundary of Parcel A, as described in the Deed from Marin Title Guaranty Company, a corporation, et al, to Herbert A. Crocker & Co., a corporation, recorded March 18, 1952 in Book 734 of Official Records at page 318; thence North 34° 30' West 38.811 feet to the Southeasterly corner of the lot conveyed by Marin Title Guaranty Company, to Marin Municipal Water District, by deed recorded June 28, 1951 in Book 700 of Official Records at page 89, Marin County Records; running thence along the Easterly line of said tract, North 16° 53' West 56.889 feet to the Northeasterly corner of said tract; thence North 71° 46' East 13.866 feet, North 75° 19' 30" East 114.37 feet and North 85° 22' 30" East 144.16 feet to the point of beginning. EXHIBIT "B" Sheet 2 of 3 ig EXCEPTING THEREFROM the lands described in the Deed from San Rafael Title Company, to Marin Municipal Water District, recorded May 12, 1948 in Book 583 of Official Records at page 300, and in the Deed from Marin Title Guaranty Company, to Marin Municipal Water District, recorded June 28, 1951 in Book 700 of Official Records at page 89, Marin County Records; ALSO EXCEPTING THEREFROM the included portion of the land described in the Deed from Marin Title Guaranty Company, et al, to Herbert A. Crocker & Co., recorded March 18, 1952 in Book 734 of Official Records at page 318, Marin County Records. ALSO EXCEPTING THEREFROM the included portions of the lands described in the Deed from Thorinson Construction Corporation, a corporation, to Warren C. Connason, et ux, recorded January 14, 1957 in Book 1085 of Official Records at page 621, Marin County Records. ALSO EXCEPTING THEREFROM the included portions of the lands described in the Deed from Thorinson Construction Corporation, a California corporation, to Monty Williams, et al, recorded August 13, 1957 in Book 1134 of Official Records at page 172, Marin County Records. ALSO EXCEPTING THEREFROM the included portions of the lands described in the Deed from Thorinson Construction Corporation, a corporation to the Marin Municipal Water District, recorded February 15, 1954 in Book 850 of Official Records at page 65, Marin County Records. ALSO EXCEPTING THEREFROM the included portions of the lands described in the deed from Thorinson Construction Corporation, a California corporation to Emil Raymond Bettini, et ux, recorded May 24, 1956 in Book 1030 of Official Records at page 350, Marin County Records, ALSO EXCEPTING any included portions of the herein described property lying within the boundaries of the following subdivisions: A. Map of Rafael Highlands, Unit for record August 18, 1954 in County Records, B. Map of Rafael Highlands, Unit for record January 20, 1956 in County Records. One, San Rafael, California, filed Volume 8 of Maps at page 19, Marin Two, San Rafael, California, filed Volume 9 of Maps at page 13, Marin C. Map of Newman Highlands, San Rafael, California, filed for record June 6, 1962 in Volume 11 of Maps at page 19, Marin County Records. ALSO EXCEPTING the lands described as Parcel Two in the Deed from Robert 0. Winkler, et ux, to William T. Brogan, et ux, recorded May 18, 1965 in Book 1941 of Official Records at page 56, Marin County Records. ALSO EXCEPTING the lands described in the Deed from Thorinson Construction Corporation, to F. William Lohse, et ux, recorded February 19, 1958 in Book 1172 of Official Records at page 451, Marino County Records. ALSO EXCEPTING the lands described in the Deed from Thorinson Construction Corporation, to Charles A. Terry, et ux, recorded December 30, 1958 in Book 1244 of Official Records at page 612, Marin County Records. ALSO EXCEPTING the lands described in the Deed from Thorinson Construction Company, to Marin Municipal Water District, recorded April 16, 1956 in Book 1021 of Official Records at page 23, Marin County Records, EXHIBIT "B" Sheet 3 of 3 k r ly b v Q TO -[t 1 & 00 m LIP ri n V ::: .:: : M ly f N � N � y � y D • g C° C7° E 2 2 Cv , 78 `, r cr �^ :iF# ::::::::::::❑ v fi r o 1 n c y 1 f yam.•. •.• Z,I7 '• 'ANLL' .. - .Yi•iWAi.' .T W ■ Q �1 A o .}r. A r O y' 0 :: N W s 5` 1 o - { _ aP kms;: r =: ::: r: r :•: 1 i V ♦� TJ J 0 o tP Z s cr cP ;. . . ... . d � f D CA .x, tr t.1 Cp cN t}� rn D _ ::. . rn aP � :j � ::: N s 0 ..........;:= �A - ` = O, tr as - CIO � .�; :.:. :tai: •:• :::::: •- : -. ,•y •; .... •:::::•. :�:::::::::::'.r:�::::�::::: ��::::::::-::rte:.:::::::.:::: • cl' :;�:; -..'. ::�;:; :-..•� tai:=:�:�." ...'.' C QEcoTW000 i n r yy r i z C) 05-o� m ay2Z9$ Sri }� - A ' — - - bO co) -u ro v C 71a _? ' 0n rvo' n z > •C 0 ca z� a —. _. d � � v • y, Gb C a 1n tr as - CIO � .�; :.:. :tai: •:• :::::: •- : -. ,•y •; .... •:::::•. :�:::::::::::'.r:�::::�::::: ��::::::::-::rte:.:::::::.:::: • cl' :;�:; -..'. ::�;:; :-..•� tai:=:�:�." ...'.' C QEcoTW000 0R. C' �f 1 • C- yy r i Sri }� - ' "0 bO yY, 1 .ri'S _? ' 0R. C' �f 1 • C-