HomeMy WebLinkAboutResolution No. 5229RESOLUTION NO. 5229
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING SETTLEMENT OF TITLE CONTROVERSY
WITH MARIN MUNICIPAL WATER DISTRICT
WHEREAS, the City of San Rafael was granted all the right,
title and interest of the State of California, held by the State by
virtue of its sovereignty, in and to all the salt marsh, tide, and
submerged lands, whether filled or unfilled, within the boundaries
of said City in 1923, to hold in trust for the purposes of commerce,
navigation, and fisheries, within the City boundaries, as set forth
fully in Chapter 83 of the Statutes of 1923, as amended by Chapter 178
of the Statutes of 1967, and as amended by Chapter 1383 of the Statutes
of 1970; and
WHEREAS, the State of California, and the City as trustee
have claimed a portion of the subject real property, essentially, upon
the theory that San Rafael Creek and Allardt's San Rafael Canal, as
surveyed within the Creek, was a tidal waterway which ran through the
property on the date of admission of the State of California into the
Union, and that the Creek and canal were, therefore, sovereign land which
did not pass under State grants of land in its vicinity. These contentions
are more specifically set forth in the answers of the State of California
and the City of San Rafael filed in the action entitled: Marin Municipal
Water District, a public corporation, Plaintiff, vs. State of California;
City of San Rafael, a municipal corporation, Defendants. No. 49577 in the
Superior Court of the State of California for the County of Marin, and
reference is made thereto; and
WHEREAS, Chapter 1742 of the Statutes of 1971 provides that
the City of San Rafael, upon receipt of adequate consideration, may quit-
claim, freed of the trust, portions of San Rafael Creek and Allardt's
San Rafael Canal which have been filled above the mean high tide line and
which are, subject to the terms and conditions of the statute, no longer
susceptible, useful, or required for the purposes of commerce, navigation,
and fisheries, said quitclaim to operate in favor of such persons as have
a claim of ownership based upon a record chain of title which covers a
period of 30 years or more preceding the effective date of the statute; and
WHEREAS, said settlements are not final until confirmed by
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the State Lands Commission; and
WHEREAS, the subject real property has been filled above the
mean high tide line; and
WHEREAS, the Marin Municipal Water District has a record chain
of title covering a period of more than thirty years prior to 1971; and
WHEREAS, the San Rafael Canal has been realigned, the subject
property has been occupied and improved, and the Marin Municipal Water
District claims title to the subject property by virtue of record title,
adverse possession, prescription, res judicata, estoppel, and the doctrine
of agreed boundary; and
WHEREAS, further litigation of said action will be time-con-
suming and costly to the City, the State, and the Marin Municipal Water
District, and there is some question whether the City and the State or
the District would ultimately prevail; and
WHEREAS, the City, the State, and the District have reached a
tentative settlement agreement whereby the State and City would quit-
claim the subject property to the District and the District would pay
the sum of Ten Thousand Dollars ($10,000.00) to the City of San Rafael
as trustee and deliver a quitclaim deed from the Marin Municipal Water
District to the City of San Rafael as trustee;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
That the City of San Rafael, acting as trustee, approves the
proposed settlement agreement, authorizes delivery of a quitclaim to the
subject property from the City to the Marin Municipal Water District, and
authorizes and directs the City Attorney to file a copy of this Resolution
in open court in the pending action and for the consideration of said
payment of said $10,000.00 and the delivery of said deed by the Marin
Municipal Water District to stipulate to a judgment quieting the Marin
Municipal Water District's title to the real property described in their
Complaint, Action No. 49577; provided that the northerly line of the ex-
isting San Rafael Canal is described in the quitclaim deed and the
judgment so as to conform with the mean high tide line of the existing
San Rafael Canal;
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IT IS FURTHER RESOLVED that the Mayor is authorized to execute
on behalf of the City of San Rafael, a Quitclaim Deed of that real
property described in Exhibit 1 attached hereto and incorporated herein
by reference, and the City Clerk is directed to deliver said Deed to the
State Lands Commission for the State of California for its approval;
IT IS FURTHER 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 Exhibit 2
attached hereto and incorporated herein by reference, and the Clerk of
said City is hereby directed to cause said Deed 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;
IT IS FURTHER RESOLVED that the Mayor and City Clerk are
authorized to execute, on behalf of the City of San Rafael, the Settle-
ment Agreement between Marin Municipal Water District and the City of
San Rafael and State of California, attached hereto and incorporated
herein by reference as Exhibit 3, which resolves and settles Complaint
Action No. 49577 in the Superior Court of Marin County.
I, MARION A. GRADY, 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 Council of said City held on
Monday , the 6th day of December 1976, by the following
vote, to -wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Betti ni
MARION A. GRADY, City erk
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