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Home My WebLink AboutFIN Conveyance of Open Space Property ____________________________________________________________________________________ FOR CITY CLERK ONLY File No.: 6-36 Council Meeting: 3/19/2018 Disposition: Resolution 14481 Agenda Item No: 5.f Meeting Date: March 19, 2018 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Finance Prepared by: Mark Moses Finance Director City Manager Approval: ______________ TOPIC: DISPOSITION OF THE CITY’S INTEREST IN OPEN SPACE PROPERTY JOINTLY OWNED WITH THE MARIN COUNTY OPEN SPACE DISTRICT SUBJECT: RESOLUTION AUTHORIZING THE CITY TO EXECUTE A QUITCLAIM DEED TO RELINQUISH TO MARIN COUNTY OPEN SPACE DISTRICT THE CITY’S RIGHTS AND INTEREST IN TWO PARCELS (APN 177-240-14, APN 177-240-20) JOINTLY OWNED BY THE CITY OF SAN RAFAEL AND MARIN COUNTY OPEN SPACE DISTRICT RECOMMENDATION: ADOPT RESOLUTION BACKGROUND: The City of San Rafael (City) and Marin County Open Space District (MCOSD) are joint owners of two open space parcels covering approximately 43 acres. The properties are located in the Terra Linda-Sleepy Hollow Open Space Preserve in Unincorporated Marin County and adjacent to the Ridgewood Fire Road, and are designated as Assessor’s Parcel Nos. (APN) 177-240- 14 and 177-240-20. (See Attachment 1.) The properties were acquired for the specific purpose of preserving open space and are located within the City’s “Sphere of Influence,” per Marin Land Area Formation Commission (LAFCO). While the parcels have remained as open space properties since their acquisition, the City chose not to pursue annexation of the properties. Because the parcels are outside the City’s jurisdiction, the County has assessed the City’s interest in the properties for property taxes and related assessments. The current annual taxes total approximately $4,600 for the two parcels. This issue was discussed at the City Council Finance Committee meeting of December 11, 2017, at which time it was decided that staff would prepare this report and recommendation for consideration by the City Council. ANALYSIS: The City’s Finance and Community Development Departments have consulted with the County Tax Assessor regarding the tax status of the two open space parcels. The Assessor’s Office maintains that the property tax exempt classifications are only applicable to parcels within the jurisdiction of the agency qualifying for exemption. Thus the City is subject to ongoing property tax and/or related charges that are collected through the property tax rolls. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 Staff also reviewed the viability of initiating annexation proceedings on the two parcels. Such an action, if successful, would result in a change in the tax status of the City’s ownership of the two parcels. Under the current configuration of the adjoining parcels and service delivery to the parcels, six additional parcels (four open space properties and two private residences all in the unincorporated County) would have to be included in order to avoid the creation of a City island. There does not appear to be a benefit to the City that warrants pursuing such an annexation, particularly since there is no guarantee that the County and LAFCO would be supportive of such a request. A simple resolution to the administrative and tax burden associated with the ownership of the two parcels would be for the City to relinquish its ownership share to the MCOSD via a quitclaim deed which the MCOSD would formally accept and record. Such action would immediately relieve the City of its ownership burden without jeopardizing or otherwise negatively impacting the open space status of the property. FISCAL IMPACT: The City would incur minor costs associated with staff time and filing fees in order to execute the quitclaim action. The completion of this action would save staff time associated with monitoring the City’s interest in the property and relieve the City of paying and/or negotiating property tax and related charges of $4,635 annually. RECOMMENDED ACTION: Adopt the attached resolution authorizing the Mayor to execute a Quitclaim Deed for conveyance of the above two Open Space parcels to the Marin County Open Space District. ATTACHMENTS: 1. Assessor’s Parcel Map 2. Quitclaim Deed with Exhibit A 3. Resolution ffi POR, RANCHO SAN PEDRO, SANTA MARGARITA Y LAS GALLINAS ~ POR RANCHO CANADA DE HERRERA 15 IS ~ 9 ~ IS is I ~ ~ ~ ::l; 8 b ~ ~ ~ ~ o ~ ~ I ~ ~ ~ ~ 5 ~ ~ Ir ~ o w ~ ~ ~ ~ 2 ~ o ~ ~ !z ~ ~ Ir ~ fil ~ if i ~ IJ) ~ 1210512011 AlEM CHANGES BLK PRJORAPN NEWAPN YR AUTH 240 SURVEYS 06 09 ~rl 240 1T7-24IUJI 25&25 10 081 11 Is::io5 12 ft~1 Map Update/TRA rnA ~(>.~c,i- o ~ (1) S 80' 16' E 109 .0 (2) S31'09'45'W 49.0 (3) S 38' 07' 09' E 75.96 (4) N 35' 44' 08' E 147.70 Mount Tamalplas Cemeterr, Sec. A,B,C,Dt 8 E, R.M. Bk.3-A;fs.31-35incl. Tax Area Code 8~000 ·89-003 8~/00 89-006 89-007 177-24 NOTE-Assessor's Block Numbers Shown in Ellipses. Assessor's Parcel Numbers Shown in Circles. Assessor's Map Bk.177-Pg.24 County of Marin, Calif. Recording Requested by: Marin County Open Space District WHEN RECORDED MAll TO: Marin County Department of Public Works Real Estate Division P. O. Box 4186 San Rafael, CA 94903-4186 Attention: Terry Toner APN: 177-240-14 & 20 --fA'" QUITCLAIM DEED 1111111111111111 ""11111 I lUi III! 11111 lin 1111111111 !IIIIIIIIIII 2018-0020261 Recorded Official Records County of Mann RICHARD N. BENSON Assessor-RecOI'der County aerie 02:09PM 06-Jun-20lB REC FEE 0.00 CONFORMED COPY 0.00 a. Pa.ge 1 of 6 The City of San Rafael, a municipal corporation, pursuant to Resolution No. 14481 attached hereto, Hereby Quitclaim(s) to The Marin County Open Space District, a public district of the State of California, all its right, title and interest in the real property located in the County of Marin, State of California, more particularly described in Exhibit A attached hereto and incorporated herein. This Quitclaim Deed is being accepted by the Board of Directors of the Marin County Open Space District as disclosed by the attached Certificate of Acceptance by its Board of Directors and attested thereto by the Secretary of the Board. DATED: Mav'C.h 1...'L, 1-0)<0 [attach notarization] ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Marin before me, Lindsay Faye Lara, Notary Public (insert name and title of the officer) personally appeared CAa.v-,/ PVt\ \ \ i p5 , who proved to me on the basis of satisfactory evidence to be the person(s-) whose name(~ is/aFe subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/llefltheir authorized capacity(1es), and that by his/herltheir signature(5) on the instrument the person{s'), or the entity upon behalf of which the person(~ acted, executed the instrument. I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _----:~.....::...._.-''rz(..L-_~::..... ____ _ (Seal) RESOLUTION NO. 14481 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED TO RELINQUISH TO MARIN COUNTY OPEN SPACE DISTRICT THE CITY'S RIGHTS AND INTEREST IN TWO PARCELS JOINTLY OWNED BY THE CITY OF SAN RAFAEL AND MARIN COUNTY OPEN SPACE DISTRICT WHEREAS, in 1993, the City of San Rafael and Marin County Open Space District purchased approximately 43 acres of vacant land located in the County of Marin and referred to as Marin County Assessor Parcel Nos. 177-240-14 and 177-240-20 (the "Property"); and WHEREAS, the City of San Rafael and Marin County Open Space District each have a one half (1/2) interest in the Property; and WHEREAS, the Property is designated as open space and located in Unincorporated Marin in the Terra Linda-Sleepy Hollow Open Space Preserve and adjacent to the Ridgewood Fire Road; and WHEREAS, the City has no intention to annex the Property, to build on the Property, or sell the Property; and WHEREAS, there does not appear to be a benefit to the City that warrants pursuing annexation of the property; and WHEREAS, in order to relieve the City of administrative and cost burdens associated with retaining an interest in the Property, staff recommends relinquishing all rights and interest to Marin County Open Space District through a Quitclaim Deed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as follows: 1. The City Council hereby relinquishes to the Marin County Open Space District via Quitclaim Deed the City's one-half (112) interest and rights to the Property, composed of two open space lots at the end of Ridgewood Road and adjacent to Ridgewood Fire Road in the Terra Linda Sleepy Hollow Open Space Preserve, Assessor Marcel Nos. 177-240-14 and 177-240-20. 2. The Mayor is hereby authorized, on behalf of the City, to execute the Quitclaim Deed in a form approved by the City Attorney. 3. The City Manager is hereby authorized to execute any other documents required to effectuate such conveyance. I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael held on March 19,2018 by the following vote to wit: AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None LINDSAY LARA, City Clerk ( , " . ... DESCRIPTION 'All that certain Real Property situate in the County of Marin, State of California, described as follows: PARCEL ONE: BEGINNING at a post marked "T.M.2" at the Northwesterly corner of that certain tract of land which was conveyed by Henry A. DuBois, Jr., to The Mount Tamalpais Cemetery, by Deed dated July 6, 1880 and recorded in Book "U" of Deeds. at Page 554. Marin County Records, which said corner is Station 2 of the survey of the Rancho San Pedro Santa Margarita y Las Gallinas and~ears North 11° 15' East (along the boundary of said rancho survey) 70 chains and 20 links from an artificial mound of stones on the summit of the hill known as "Red Hill" which said stone mound is the place of beginning of the final survey of said rancho; running thence along the boundary of said rancho, South 11° 15' West 1402.2 feet to an iron pipe; thence leaving said boundary line and crossing and subdividing the so-called '~ount Tamalpais Cemetery Tract". North 76° 44' East 970 feet to an iron pipe; and South 56° East 799.1 feet to an iron pipe set in the Easterly line of last mentioned tract and the Westerly line of the lands formerly owned by Alexander Forbes; thence along said line, North 34° East 1000 feet, more or less, to the boundary of the lands heretofore owned by Lucas; thence along the Southerly boundary of said Lucas Ranch; North 65° 30' l·1est 2,058.0 feet, more or less, to the point of beginning. EXCEPTING THEREFROM that certain portion thereof described as follows: BEGINNING at the east corner of that certain parcel of land described in the Deed from p.' D. Apfelbaum, et ux, to Ellabee Development Corporation, recorded May 11, 1965 in Book 1939 of Official Records, at Page 36, Marin County Records; running thence along the Southeasterly boundary line of said Ellabee parcel, South 34° 08' 11" West 80.00 feet; thence leaving said EUabee boundary line and running North 31° 29' 31" l<1est 128.35 feet to the Northeast boundary line of said Ellabee parcel; running thence along said Northeast boundary line, South 68° 53' 02" East 120.00 feet to the point of beginning. PARCEL TWO: AN EASEltENT for the purpose of laying down, repairing, replacing and generally using a main water pipe or pipes over and along a strip or parcel of. land 5 feet on each side of the following described line: BEGINNING at a stake South 34° West 11.S feet and North 65° 30' West 871.2 feet from the Section monument known as "E5" thence South 34° l<1est 872 feet; thence South 65° '-lest 100 feet, more or less, to Willow Avenue; thence Southeasterly along said Willow Avenue to the main entrance of the tract known as "The Mount Tama1pais Cemetery Tract". BEING the same right of way reserved in the deed from Henry A. DuBois to the Mount Tama1pais Cemetery I a corporation, recorded Jqly 8; 1880 in Book "u" of Deeds I at Page 554, }olarin County Records. continued EXHiBIT A 2. PARCEL THREE: Any Right, Title, or Interest, if any, in that certain street and utility easement across the fo11,o\~ing described parcel of land, as conveyed by Carlos R. Freitas, et aI, to Carl A. Roy, et aI, by that certain Access Agreement recorded December 24, 1962 in Book 1643 of Official Records, at Page 522, Marin County Records. A STRIP OF LAND 54 feet in width, lying 27 feet on each side of the following described center line: BEGINNING at a point on the Southerly boundary of the lands heretofore owned by Lucas, ·which point lies North 65° 30' DO" West 200.00 feet from the most l~esterly corner of the property conveyed to Thorinson Construction Corporation, by Deed recorded December 17, 1952 in Book 780 of Official Records, at Page 483, Marin County Records; thence leaving saie Lucas Ranch boundary and proceeding North 60° 00' 00" East 59.50 feet; thence Easterly on a curve concave to the Southeast tangent to the preceding course having a radius of 200.00 feet, through a central angle of 56° 30' 00" for a distance of 197.22 feet; thence South 62° 30' 00" East 14 feet, more or less, to a point on the Northwesterly boundary of said Thorinson property (780 Book 483) which point lies North 34° 23' 00" East 128.41 feet, more or less, from the hereintofore mentioned most Westerly corner of the Thorinson propert) (780 Book 483) said point being the Westerly terminus of that certain easement conveyed by Alan ~{. Kay, et ux, to Carl A. Roy, et ux, by Deed recorded December 6, 1962 in Book 1637 of Official Records, at Page 387, Marin County Records. EXHIBIT A WHEN RECORDED RETURN TO: County of Marin Real Estate Division P.O. Box 4186, Civic Center Branch San Rafael, CA 94913-4186 Attention : Terry Toner AREA: Terra Linda/Sleepy Hollow Divide Open Space Preserve APNs: 177-240-14 & 20 CERTIFICATE OF ACCEPTANCE OF GRANT OF INTEREST IN REAL PROPERTY THIS IS TO CERTIFY that the interest in real property conveyed by the attached Grant Deed dated March 22, 2018, from the City of San Rafael, a municipal corporation to the Marin County Open Space District, a public district of the State of California, is hereby accepted by order of the Board of Directors of the Marin County Open Space District, and the grantee consents to the recordation thereof by its duly authorized officer. Date 1'Ylc:t..,Y ~ j aoJ S ATTEST: '. ..~ /7 ~ . "7------.. /~~ :~ ~ Secr.~~ary! Open Space District , •. ,' ''t) 'i: ': I" Staff Report Author: Robert Spiess Date of Meeting: 03/19/2018 Department: Finance Topic: Conveyance to Marin County Open Space District APN 177-240-14 & 20 Click here to enter text. Subject: RESOLUTION AUTHORIZING THE CITY TO EXECUTE A QUITCLAIM DEED TO RELINQUISH TO MARIN COUNTY OPEN SPACE DISTRICT THE CITY’S RIGHTS AND INTEREST IN TWO PARCELS (APN 177-240-14, APN 177-240-20) JOINTLY OWNED BY THE CITY OF SAN RAFAEL AND MARIN COUNTY OPEN SPACE DISTRICT Type: (check all that apply) ☒ Consent Calendar ☐ Public Hearing ☐ Discussion Item ☒ Resolution ☐ Ordinance ☐ Professional Services Agreement ☐ Informational Report *If PSA, City Attorney approval is required prior to start of staff report approval process Was agenda item publicly noticed? ☐ Yes ☐No Date noticed: ☐Mailed ☐Site posted ☐Marin IJ Due Date Responsibility Description Completed Date Initial / Comment DEPARTMENT REVIEW FRIDAY noon Director Director approves staff report is ready for ACM, City Attorney & Finance review. 3/6/2018 ☒ MM CONTENT REVIEW MONDAY morning Assistant City Manager City Attorney Finance ACM, City Attorney & Finance will review items, make edits using track changes and ask questions using comments. Items will be returned to the author by end of day Wednesday. 3/7/2018 Click here to enter a date. 3/6/2018 ☒ DS ☐ ☒ MM DEPARTMENT REVISIONS WEDNESDAY noon Author Author revises the report based on comments receives and produces a final version (all track changes and comments removed) by Friday at noon. Click here to enter a date. ☐ ACM, CITY ATTORNEY, FINANCE FINAL APPROVAL MONDAY morning Assistant City Manager ACM, City Attorney & Finance will check to see their comments were Click here to enter a date. ☐ City Attorney Finance adequately addressed and sign-off for the City Manager to conduct the final review. Click here to enter a date. Click here to enter a date. ☐ ☐ TUES noon City Manager Final review and approval Click here to enter a date. ☐