HomeMy WebLinkAboutCC Resolution 6962 (Kerner Blvd Assessment District)RESOLUTION NO. 6962
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
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 Forrest R. and Ephimia E. Morphew
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 5th day of November, 1984, by the
following vote, to wit:
AYES: COUNCILMEMBERS:Frugoli, Nave, Russom and Acting Mayor Breiner
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:Mayor Mulryan
JEAUE M. LEONCINI, City Clerk
Order ijo.
it crow No.
Loan No.
127205
'NHEN RECORDED MAIL- TO:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
r'AIL TAX STATEMENTS TO:
same as above DOCUMENTARY TRANSFER TAX $. ....... NQNE...1).UE...............
...... Computed on the consideration or value of property conveyed; OR
...... Computed on the consideration or value less lien or encumbrances
remaining at time of sale.
Signature of Doclarant or Agent determining tax — Firm Name
First American Title Company
GRANT ®EE®
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
FORREST R. i'iORPHE:9 AND EPHIMIA E. MIORPHEW, husband and wife
n�reby GRANT(S) to CITY OF SAN RAFAEL,
a Public Corporation
'he real property in the City of Sari Rafael
3ounty of 2•11arin
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
�ated____�ctober , 1984
AT= OF CALIFORNIA )ss.
OU`-1y
OF )
-e'ore me, the undersigned a Notary Public In and for said State, per -
,c zalty appeared
,:rrsonaJly known to me (or proved to me on the basis of satisfactory
o-•,-Sdence) to be the persons) whose name(s) is/are subscribed to the
,v -thin instrument and acknowledged to me that he/she/they executed
the same-
WTI
ame.
+TTNESS my hand and official seal.
, State of Caiifornia, described as
X-)
(This area for official notarial %oat)
100" (,9/92)
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 northerly corner of LOT 2, 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 intersection
of the courses "North 38046' East,, 256.25 feet" and "North 51014' West, 125.967 feet",
as shown thereon (14 RM 75); thence along the northeasterly boundary of said LOT 2
(14 RM 75) the following courses and distances: South 52027118" East, 125.97 feet,
and thence southeasterly along a curve to the left, tangent to the preceding course,
having a radius of 516.75 feet through a central angle of 8014'12", an arc length of
74.29 feet; thence leaving said northeasterly boundary (14 RM 75) along the south-
easterly boundary of said LOT 2 (14 RM 75) South '37032142" West, 258.03 feet; thence
leaving said southeasterly boundary (14 RM 75), along the southwesterly boundary of
said LOT 2 (14 RM 75) northwesterly along a curve to the right, whose center bears
North 32°02'58" East, having a radius of 773.00 feet through a central angle of 2013149"
an arc length of 30.09 feet; thence leaving said southwesterly boundary (14 RM 75)
North 3703214211 East, 195.31 feet; thence northerly along a curve to the left, tangent
to the preceding course, having a radius of 25.00 feet through a central angle of
91053127", an arc length of 40.10 feet; thence northwesterly along a reverse curve to
the right, whose center bears North 35039'15" East, having a radius of 551.75 feet
through a central angle of 1053'27". an arc length of 18.21 feet; thence North
52027118" Nest, 125.97 feet to the northwesterly boundary of said LOT 2 (14 RM 75);
thence along said northwesterly boundary (14 RM 75) North 37°32'42" East, 35.00
feet to the point of beginning.
Containing 0.3174 acres more or less.
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 northerly corner of PARCEL 2, as shown upon that
certain map entitled "Land Division of the Lands of Samuel W. Gardiner, San
Rafael, California", recorded December 23, 1975 in Volume 12 of Parcel Maps
at Page 14A, Marin County Records, at the intersection of the courses "North
38046100" East, 439.71 feet" and "South 51014'00" East, 623.40 feet", as shown
thereon (12 PM 14A) ; thence along the northwesterly boundary of said PARCEL
2 (12 PM 14A) South 37°32'42" West 158.75 feet to the westerly terminus of the
northeasterly boundary of the parcel described in deed from Samuel W. Gardiner
to the City of San Rafael, a municipal corporation, recorded January 9, 1976 in
Volume 2981 of Official Records at Page 493, Marin County Records; thence along
said northeasterly boundary (2981 OR 493) South 52027118" East, 43.00 feet to
the true point of beginning; thence continuing along said northeasterly boundary
( 2981 OR 493) South 5202711811 East, 22.00 feet; thence leaving said northeasterly
boundary (2981 OR 493) North 37°32'42" East, 15.00 feet; thence North 52027'18"
West, 22.00 feet; thence South 3703242" West, 15.00 feet to the true point of
beginning.
Containing 0.0076 acres more or less.
RIGHT OF WAY CONTRACT
CITY OF SAN RAFAEL
This Contract made and entered into this day of
lepr, 198j by and between FORREST R. MORMIEW
AND EPHIMIA E. MORPHEW, husband and s•:ife
hereinafter called "Grantor(s)" and City of San Rafael,
hereinafter called "City".
A copy of Document 127205 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 $2,640.00
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 reconveyance
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.
RIGHT 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
BY;
I"
Grantor(s)
ill��2 , �� ,
RP.EST R. MORPHEW
I PEIMIA E. MORPHEW j