HomeMy WebLinkAboutCC Resolution 6992 (Kerner Blvd Assessment District)RESOLUTION NO. 6992
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. NOS. 38 & 39)
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, Calif-
ornia;
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 Horst and Irene Hanf, William H. and Ilse C. Poeschl
and W.P. Partnership, a California General Partnership 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 17th day of December, 1984, by the following vote,
to wit:
AYES: COUNCILMEMBERS:Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
JE . LEONCINI, City Clerk
6gq"v
X27213
,gyp.
,r No.
WHEN RECORDED MAIL TO.
City of San Rafael
MAIL TAX STATEMENTS TO:
SPACE ABOVE THIS
FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX &KQNE...DUE._,.._...__ _
...... Computed on th►eonsaaration o ■ of Property conveyed; OR
...... Computed on the "lea or value lea Meru or encumbrances
remaining at tim:Zle.
j Slgneture of Caclerant or Agent determinlna tax — Flrm Neme
First American Title Comnanv
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
HORST HANF and IRENE HANF, husband and wife and WILLIAM H. POESCHL AND ILSE C
POESCHL, husband and wife and WP PARTNERSHIP, a California Partnership
hereby GRANT(S) to The City of San Rafael
the real property in the City of San Rafael
County of Marin State of California, described as
SEE DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF
Dated November 29, 1984 V
W I b-C_� �_��
111am esc
STATE OF CALIFORNIA i. n. \ u
COUNTY OF Marin _-- _ l se C. Poeschi
on November 29 1984
before me. the undersigned. a Notary Public in and for said State, per- (� C'
sonalyappeared Horst Hanf Irene Han SY= '�� Cl l.t..:_
William H. Poeschl, and Ilse
Poeschl.
Personally known to me for Proved to me on the basis of satisfactory
evidence) to be the person(.) whose Mme(s) Ware subscribed to the
within Instrument and ackrawladoed to ma That M/eheA
the soma OFFICIAL SEAL
DONNIE SUMMERS ('
WITNESS my hand and offlc)el asal NNW GYM«� I -
ie� r
Sig w /leas !� J* 11, nw Q for; cMclal notarlel seal)natu
MAIL TAX STATEMENTS AS DIRECTED ABOVE 1002 (6/82)
0
STATE OF CALIFORNIA )
COUNTYOF M; _i lea
r
or�November 29 1984
6
before me, the undersigned, a Notary Public in and for
said State, personally
3
aptsMred William H
Po c h l
F
.E�
4
Personally known to ms (or proved to me on the basis of sells.
factory evidence) to be the
person that executed the within
Instrumento Managing General
-
iii
Partnarta),
an behalf Of WP Partn rsbip
-
=
a
the
asr
n
m
therein name)edged to d and acknowledged me that the rs '
r
1j
L/
C: F C;AL .1L/executed
- -'
executed
BON N .%-% L`1S /
g
Notary et
WITNESS my hand and official seat
MARIA
te33
Sgnature
MY Comm. Eq• ika1' 11: 121i
---
is area or-RI—lial notarial seall
i�-
Irene R of
Dated November 29, 1984 V
W I b-C_� �_��
111am esc
STATE OF CALIFORNIA i. n. \ u
COUNTY OF Marin _-- _ l se C. Poeschi
on November 29 1984
before me. the undersigned. a Notary Public in and for said State, per- (� C'
sonalyappeared Horst Hanf Irene Han SY= '�� Cl l.t..:_
William H. Poeschl, and Ilse
Poeschl.
Personally known to me for Proved to me on the basis of satisfactory
evidence) to be the person(.) whose Mme(s) Ware subscribed to the
within Instrument and ackrawladoed to ma That M/eheA
the soma OFFICIAL SEAL
DONNIE SUMMERS ('
WITNESS my hand and offlc)el asal NNW GYM«� I -
ie� r
Sig w /leas !� J* 11, nw Q for; cMclal notarlel seal)natu
MAIL TAX STATEMENTS AS DIRECTED ABOVE 1002 (6/82)
0
DESCRIPTION
All that certain real property situate in the City of San Rafael, County of
Marin, State of California, described as follows:
PARCEL ONE
BEGINNING at an angle point on the exteri
in deed from Title Insurance and Trust C
Norman, recorded October 15, 1963 in Book
650, Marin County Records, at the intense
West 288.0 feet more or less" and "South
less", as described in said deed (1738 0
boundary of said deed (1738 OR 650) South
true point of beginning; thence leaving s
South 84° 00' 00" East 13.74 feet; thence
tangent to the preceeding course, having
central angle of 17° 00' 0011, an arc lent
00' 00" East 38.00 feet; thence Northerly
to the Preceding course, having a radius c
of 105 00' 0011, an arc length of 11.00 i
68.00 feet; thence Northwesterly along a
previous course, having a radius of 50.00
00' 0011, an arc length of 34.91 feet; the
to the left, whose center bears South 24c
I rZrx rxrx Foote f-}nrniirrh a r-anf-r;;1 anril a of 3'
)r boundary of the parcel described
xnpany, a Corporation to Haskell
1738 of Official Records, at Page
:tion of the courses "North 510 14'
38° 46' West 1048.0 feet more or
t 650); thence along the exterior
52° 27' 18" East 67.64 feet to the
iid exterior boundary (1738 OR 650)
Easterly along a curve to the left,
a radius of 60.00 feet through a
th of 1780 feet; thence North 79°
along a curve to the left, tangent
f 6.00 feet through a central angle
eet; thence North 26° 00' 00" West
curve to the left, tangent to the
feet through a central angle of 400
ice Westerly along a compound curve
00' 00" West, having a radius of
° 00' 00". an arc length of 96.87
feet; thence South 77" 00' 00" West 57.00 feet; thence Westerly along a curve
to the right, tangent to the preceding course, having a radius of 50.00 feet
through a central angle of 62 00' 0011, an arc length of 54.11 feet; thence
Northwesterly along a compound curve to the right, whose center bears North
49° 00' 00" East, having a radius of 200.00 feet through a central angle of
21° 00' 0011, an arc length of 73.30 feet; thence Northwesterly along a
reverse curve to the left, whose center bears South 70° 00' 00" West, having
a radius of 200.00 feet through a central angle of 14° 00' 0011,.an arc length
of 48.87 feet; thence Northwesterly along a reverse curve to the right, whose
center bears North 560 00' 00" East, having a radius of 120.00 feet through a
central angle of 28° 00' 0011, an arc length of 58.64 feet; thence North 6°
00' 00" West 33.00 feet; thence Northwesterly along a curve to the left,
tangent to the preceding course, having a radius of 150.00 feet through a
central angle of 11° 00' 0011, an arc length of 28.80 feet; thence North 17°
00' 00" West 26.00 feet; thence Northerly along a curve to the right, tangent
to the preceding course, having a radius of 60.00 feet through a central
angle of 95° 00' 00", an arc length of 99.48 feet; thence North 78° 00' 00"
East 44.00 feet; thence Northeasterly along a curve to the left, tangent to
the preceding course, having a radius of 40.00 feet through a central angle
of 32° 00' 0011, an arc length of 22.34 feet; thence North 46° 00' 00" East
54.00 feet; thence Northeasterly along a curve to the right, tangent to the
preceding course, having a radius of 8.00 feet through a central angle of 200
09' 0011, an arc length of 27.03 feet; thence Northeasterly along a reverse
curve to the left, whose center bears North 24° 00' 00" West, having a radius
of 160.00 feet through a central angle of 36° 00' 0011, an arc length of
100.53 feet; thence Northerly along a compound curve to the left, whose
center bears North 60° 00' 00" West, having a radius of 60.00 feet throug a
central angle of 46° 00' 0011, an arc length of 48.17 feet; thence North 160
00' 00" West 30.34 feet; thence Southwesterly along a curve to the left,
0
whose center bears South 7 59' 57" East, having a radius of 280.00 feet
through a central angle of 31° 46' 03", an arc length of 155.25 feet to said
exterior boundary of said deed to Norman (1738 OR 650); thence along said
exterior boundary (1738 OR 650) North 50° 14' 00" East, 326.16 feet to a
point from which the most Northerly corner of said Deed (1738 OR 650) bears
North 50 14' 00" East 44.22 feet along said exterior boundar� (1738 OR 650);
thence leaving said exterior boundary (1738 OR 650) South 14 20' 48" East
973.92 feet; thence South 220 08' 00" East 28.74 feet; thence South 750 39'
12" West 111.46 feet; thence Westerly along a curve to the right, tangent to
the preceding course, having a radius of 80.00 feet through a central angle
of 31 20'.48", an arc length of 43.77 feet; thence North 730 00' 08" West
8.38 feet - to said exterior boundary of said deed to Norman (1738 OR 650);
thence along said exterior boundary (1738 OR 650) the following courses and
distances; North 0 04' 00" East 69.75 feet, and thence North 520 27' 18"
West 210.86 feet to the true point of beginning.
PARCEL TWO
BEGINNING at an angle point on the exterior boundary of the parcel described
in deed from Title Insurance and Trust Company, a Corporation , to Haskell
Norman, recorded October 15, 1963 in Volume 1738 of Official Records at Page
65, Marin County Records, at the intersection of the courses "North 880 42'
42" West 660.0 feet" and "North 10 17' 18" East 138.0 feet", as described in
said Deed (1738 OR 650); thence along said exterior boundary (1738 OR 650)
south 89° 56' 00" East 85.38 feet to the true point of beginning; thence
along said exterior boundary (1738 OR 650) south 890 56' 00" East 103.60 -
feet; thence leaving said exterior boundary (1738 OR 650) North 150 05' 00"
West 60.33 feet; thence North 22° 08' 00" West 37.12 feet; thence South 750
39' 12" West 100.93 feet; thence South 220 08' 00" East 44.63 feet; thence
South 15° 05' 00" East 27.10 feet to the true point of beginning.
Containing 0.1942 acres more or less.
PARCEL THREE
BEGINNING at an angle point on the exterior boundary of the parcel described
in deed from Title Insurance and Trust Company, a Corporation, to Haskell
Norman, recorded October 15, 1963 in Book 1738 of Official Records, at Page
650, Marin County Records, at the intersection of the courses "North 510 14'
West 288.0 feet more or less" and "South 380 46' W=st 1048.0 feet more or
less", as descirbed in said Deed (1738 OR 650); thence along the exterior
boundary of said deed (1738 OR 650) South 370 32' 42" West 41.52 feet to the
true point of beginning; thence along said exterior boundary (1738 OR 650)
South 37 32' 42" West 724.87 feet; thence leaving said exterior boundary
(1738 OR 650) North 390 46' 00" West 147.00 feet; thence North 330 00' 00"
East 132.00 feet; thence Northeasterly along a curve to the right, tangent to
the preceding course, having a radius of 150.00 feet through a central angle
0
of 19 00' 0011, an arc length of 49.74 feet; thence Northeasterly along a
reverse curve to the left, whose center bears North 380 00' 00" West, having
a radius of 200.00 feet through a -central angle of 350 00' 0011, an arc length
of 122.17 feet; thence North 170 00' 00" East 63.00 feet; thence
Northeasterly along a curve to the right, tangent to the preceding course,
having a radius of 60.00 feet through a central angle of 520 00' 0011, an arc
length of 54.45 feet; thence North 690 00' 00" East 47.00 feet; thence
Northeasterly along a curve to the right, tangent to the preceding course,
having a radius of 200.90 feet through a central angle of 10° 00' 00", an arc
length of 34.91 feet; thence North 790 00' 00" East 52.00 feet; thence
Northeasterly along a curve to the left, tangent to the preceding course,
having a radius of 60.00 feet through a central angle of 240 00' 00", an arc
length of 25.13 feet; thence North 550 00' 00" East 102.00 feet; thence
Easterly along a curve to the right, tangent to the receding course, having
a radius of 80.00 feet through 0a central angle of 41 00' 0011, an arc length
of 57.25 feet; thence South 84 00' 00" East 18.89 feet to the true point of
beginning.
RIGHT OF WAY CONTRACT
CITY OF SAN RAFAEL
This Contract made and entered into this 29 day of
November 198 4 by and between xnRgT uAMp nun TRFUF
HANF, husband and wife and WILLIAM H POESCHL AND IL E C. POFSCHL,
husband and wife and WP PARTNERSHIP, a-Califnrnia-General partnership
hereinafter called "Grantor(s)" and City of San Rafael,
hereinafter called "City".
A copy of Document 127212 RL'T 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:
$61,000 F. Granc
$55,839 to H. Hanf,
1. City will pay Grantor(s) the sum of $116,839.00w pcecrhl, and
WP Partnership
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, assessmentseasements
eas m nis and
leases (recorded or unrecorded) and taxes
except: J L
a. Current general and special City and county
a
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.
c�Ln
a
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.
V ���
LM
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.
DATED: December 17, 1984
City of San Rafael
Attest:
By
City Cler
Approved as to form:
Grantor(s)
Irene Hanf
l
William H. Poeschl
Ilse C. Poeschl
WP Partnership
C`,
ADDENDUM TO RIGHT OF WAY CONTRACT
This addendum is made to the Contract dated
November 29 , 1984, among HORST HANF and IRENE HANF,
husband and wife and WILLIAM H. POESCHL and ILSE C.
POESCHL, husband and wife and HELMUT WENDLER and
CHRISTA E. WENDLER, husband and wife ("Grantors") and
City of San Rafael ("City"):
1. The City has decided to acquire the property
for public use and the necessary steps to condemn the
property will be instituted if this voluntary sale is
not arranged. Accordingly, conveyance of the property
under the Right of Way Contract is made under threat of
condemnation.
2. The Wendlers have conveyed their interest
in the property to W P Partnership, a general partnership,
and will take the place of the Wendlers.
3. W P Partnership will be responsible for
securing release of the deeds of trust securing the
indebtedness to Wells Fargo with respect to the
property conveyed.
Irene Hanf )jam
� � n
William H. Poeschl
Ilse C. Poeschl
WP Partnership
z L.
City of San Rafael
DATED: December 177, 1984 B§K
i Mayor
Attest: i ;
By -
City *Cle
APprovcd as to form,
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