HomeMy WebLinkAboutResolution No. 5238RESOLUTION NO. 5238
FINAL ORDER IN CONDEMNATION PROCEEDINGS
RE: ELEANOR M. NOCK PROPERTY, SAN RAFAEL
MARIN COUNTY, CALIFORNIA
The City Council of the City of San Rafael, Marin County, California
having conducted a public hearing upon the above entitled matter upon due
notice, and the Council having heard all persons, objections and recommendations
relative thereto, and having fully considered the same, does hereby:
1. Finds that the City of San Rafael has the power to exercise the right
of eminent domain as set forth in Article III Section 13 of the Charter of the City
of San Rafael.
2. Finds that Section 1240.020 of the California Code of Civil Procedure
provides the authority for a person, which by definition of Section 1235. 160 includes
any public entity, so authorized by statute, as conferred upon the City by Section
37350.5 of the California Government Code, to exercise the power of eminent
domain.
3. Finds, determines and declares that the public interest and necessity
require the acquisition of lands described in Marin Title Guaranty Report #108450
referenced as "Exhibit A" attached hereto and forming a part hereof as though fully
set forth herewith for the purpose of open space thereby preserving the natural
amenities for the benefit and enjoyment of the general public.
4. Finds the real property as described in aforementioned Exhibit A is
situated contiguous and southerly of Gerstle Park, then bounded on the east by
"D" Street, and extending southerly approximately 100 feet north of Upper Toyon
Drive, said real property containing 23.25 acres, more or less, in San Rafael,
Marin County, California.
5. Finds and declares that the real property described in aforementioned
Exhibit A is necessary for open space.
6. Finds and declares that the proposed open space is planned and located
in the manner which will be most compatible with the greatest public good, and
the least private injury.
7. Finds and determines that the covenants, conditions and restrictions
as contained in the deed from Ross Valley Realty Company recorded February 28,
1941, in Book 408 of Marin County Official Records at page 463 and August 1, 1944,
in Book 466 of Marin County Official Records at page 278 are incompatible with the
mores of today. The reversionary clauses contained in the aforementioned deeds
represent to the City an unacceptable exposure of risk of having its title subject to
extinguishment.
RESOLVED by the Council of the City of San Rafael that the precise nature,
extent and kind of use to be made by the said City is an open space area, and the
o l
Council hereby orders said improvements to be made.
RESOLVED further, that the land described in aforementioned Exhibit A
is hereby ordered to be taken, appropriated and condemned for the purpose of
said open space area.
RESOLVED further, that the City Attorney is hereby authorized and directed
to prepare and prosecute in the City's name such proceedings in the proper court
as are necessary for such acquisition, including acquisition of remainderman's
interest, in accordance with the provision for eminent domain in the California
Code of Civil Procedures and the Constitution of the State of California, and to
apply to said court for an order fixing the amount and nature of such security as it
may direct, and to deposit such security as so directed, and for an order permitting
City to take immediate possession and use of said real property or interest therein
for said public uses and purposes. The said interests in real property are more
particularly described in Exhibit A attached hereto and incorporated herein by reference.
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
3rd day of January , 197 7, by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
MARION A. GRADY, City : erk
MAE
tI EXHIBIT to
.�I MMTP�II�
u iu
MARIN TITLE GUARANTY COMPANY
A DIVISION OF FIRST CALIFORNIA TITLE COMPANY
PRELIMINARY REPORT
❑ ❑ ❑
SAN RAFAEL NOVATO MILL VALLEY
1300 FOURTH STREET 1125 GRANT AVE. 170 EAST BLITHEOALE AVE.
P. 0. BOX 669 P. O. BOX 783 P. O. BOX 351
456-4400 897.3125 388-9440
APPLICATION NUMBER 108450 EJC
In response to the above referenced application for a policy of title insurance, MARIN TITLE GUARANTY
COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a California Land
Title Association Standard Coverage form Policy 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 below or not excluded from coverage pursuant to the printed Schedules,
Conditions and Stipulations of said policy form.
This report land any supplements or amendments thereto) 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 by
the Company prior to the issuance of a policy of title insurance, a Binder or Commitpent should be requested.
Dated as of Plovember 5 , 19 76 , at 7:00 A.M.
By
7�Vie-President
The estate or interest in the land hereinafter described or referred to covered by this Report is:
Fee
Title to said estate or interest at the date hereof is vested in:
ELEAPIOR M. NOCK, a widow
Exceptions to policy coverage in addition to the printed exceptions and exclusions contained in said policy form
are as follows:
FWA/dw
See Following Pages
32M
k.
SUBJECT TO:
1.
2.
3.
4.
County of Harin and City of San Rafael general and special taxes
for the fiscal year 1976-77
lst Installment $1,053.57
2nd Installment $1,053.57
Assessment Nos. 12-241-04,24, 25, 27, 8 12-251-Qa
Tax Code No. 8-000
AFFECTS PARCEL ONE
lst Installment $189.47
2nd Installment $189.47
Assessment No. 12-261-04
Tax Code No. 8-000
AFFECTS PARCEL TWO
Easements as granted to The Pacific Gas and Electric Company,
a California corporation
Recorded : March 19, 1936
Book : 311 of Official Records at page 234
Recorded : March 19, 1936
Book : 312 of Official Records at page 294
An easement granted to The Pacific Telephone and Telegraph Company,
a corporation
For : A line of poles 5 feet in width
Recorded : October 1, 1936
Book : 327 of Official Records at page 448
Affects : Westerly portion of Parcel One
Covenants, conditions and restrictions as contained in the Deed
From : Ross Valley Realty Company
Recorded : February 28, 1941
Book : 408 of Official Records at page 463
From : Marin County Abstract Company
Recorded : August 1, 1944
Book : 466 of Official Records at page 278
Affects : Parcel Two
An easement and right of way for ingress and egress over and
across the Southerly extension of Grove Street, as described
in that certain Deed
From : Ross Valley Realty Company
To : Nina Evanow
Recorded : September 22, 1942
Book : 434 of Official Records at page 479
To Rolla Coffland et ux
Recorded September 26, 1950
Book 660 of Official Records at page 289
Affects Parcel One
6. An easement for roadway purposes over and across the 50 foot
unnamed roadway lying Northerly of Upper Toyon Drive and
running generally East and gest through the property described
in that certain Deed
Dated : January 16, 1969
Trustor : Eleanor M. ;lock, a widow
Trustee : Pacific Coast Title Company of Marin, a corporation
Beneficiary : Ernest Vollmer, Jr.
Address : c/o Charles Ogle, Esq., 770 Morro Bay Road,
Morro Bay, CA 93442
Loan No. : Not shown
Orig. Sunt. : $60,565.27
Recorded : January 29, 1969
Book : 2271 of Official Records at page 137
INFORMATIONAL NOTE:
Transfers or agreements during the last two years: none
By
: William S. Nock, et-ux
To
: John G. Alioto, et ux
Recorded
: August 27, 1945
Book
: 486 of Official Records at page 381
7.
An easement for roadway purposes over and across the Southerly
extension of Clary Street as disclosed
by that certain Deed
To
: John G. Alioto, et ux
Recorded
: August 27, 1945
Book
: 486 of Official Records at page 381
Affects
: Parcel One
8.
An easement for pipeline purposes, as granted to the Marin
Municipal Water District,
a public corporation
Recorded
: June 19, 1963
Book
: 1697 of Official Records at page 425
Affects
: Parcel One
9.
Deed of Trust
securing payment of the amount set forth as follows:
Dated
: November 6, 1965
Trustor
: William S. Nock and Eleanor M. Nock, his wife
Trustee
: Marin Title Guaranty Company, a California eorporatim
Beneficiary
: William H. MacKay and Helen MacKay, his wife, as
Joint Tenants
Address
: 1040 B Street, San Rafael, CA
Loan No.
: Not shown
Orig. Amt.
: $15,000.00
Recorded
: December 9, 1965
Book
: 2006 of Official Records at page 611
Affects
: Parcel Two
10.
Deed of Trust
securing payment of the amount set forth as follows:
Dated : January 16, 1969
Trustor : Eleanor M. ;lock, a widow
Trustee : Pacific Coast Title Company of Marin, a corporation
Beneficiary : Ernest Vollmer, Jr.
Address : c/o Charles Ogle, Esq., 770 Morro Bay Road,
Morro Bay, CA 93442
Loan No. : Not shown
Orig. Sunt. : $60,565.27
Recorded : January 29, 1969
Book : 2271 of Official Records at page 137
INFORMATIONAL NOTE:
Transfers or agreements during the last two years: none
�—!- . - ..:,:1 ;::'::1'0r Ilty situ, in the City of San Rafael, County
of Marin, State of lifornia, described as fo :)ws•
PARCEL ONE:
COMMENCING at a point on the Eastern line of Makin Grade at the most
Westerly corner of the Lot conveyed by Ross Valley Realty Company to
John Daniel, et ux, by Deed recorded March 17, 1941 in Liber 409 of
Official Records at page 419; running thence along the line of said
Daniel lot above referred to, North 61 45' East 50.50 feet; thence
along the arc of a curve to the right whose radius is 53.6 feet, length
91.249 feet; thence South 170 39' East 76.27 feet; thence along the arc
of a curve to the left whose radius is 78.15 feet, distance 79.224 feet;
thence South 760 44' East 157.22 feet; thence along the arc of a curve
to the right whose radius is 98.91 feet; distance 71.469 feet; thence
along the arc of a curve to the left whose radius is 72.94 feet, distance
51.316 feet; thence Southwesterly in a straight line 110 feet, more or
less, to a point on the Northerly line of Upper Toyon Drive, as said
drive is shown on Map entitled, "Amended Map of Del Mesa, Marin Co.,
Cal.", filed April 13, 1937 in Liber 5 of Maps at page 69, distant on
said Upper Toyon Drive, North 360 05' West 50 feet from the intersection
of those courses North 781 16' West and North 360 05' West as shown upon
the above mentioned map; running thence South 360 05' East along the
Northerly line of said Upper Toyon Drive to the Southwestern corner
of the lot conveyed by Ross Valley Realty Co. to H. Sutliff, et ux, by
Deed recorded February 6, 1939 in Liber 376 of Official Records at
page 291; running thence along the exterior lines of said Sutliff Lot
above referred to, North 280 06' East 105 feet, more or less to the
most Northerly corner of said Sutliff lot; thence still along the
exterior lines of said Sutliff lot above referred to, South 360 05'
East 13.73 feet, South 780 16' East 90.243 feet and South 520 36' East
103.654 feet to the most Easterly corner of said Sutliff lot above
referred to, and to the most Northern corner of the lot conveyed by Ross
Valley Realty Co. to Marin County Abstract Company, by deed recorded
February 28, 1941 in Liber 408 of Official Records at page 465; running
thence along the Northeasterly line of said lot conveyed to Marin County
Abstract company above referred to, South 770 36' East 195.81 feet to
the most Easterly corner thereof and to the Northern corner of Parcel
No. 2 as described in the Deed from Ross Valley Realty Co. to Milton L.
Dean, et ux, by Deed recorded October 17, 1938 in Liber 370 of Official
Records at page 398; running thence along the Easterly line of said
Dean lot above referred to, South 310 32' 20" East 145.95 feet and North
880 12' East 101.218 feet to the most Easterly corner of said Dean lot
and to the Northern corner of the lot conveyed by Ross Valley Realty Co.
to Orville R. Goss, et ux, by Deed recorded October 3, 1938 in Liber 369
of Official Records at page 462; running thence along said Goss lot above
referred to, North 870 50' East 250 feet and South 550 33' East 269.64
feet to the most Easterly corner of said Goss lot above referred to and
to the Northwestern corner of the lot conveyed by Ross Valley Realty Co.
to Marin County Abstract Company by Deed recorded February 28, 1941 in
Liber 408 of Official Records at page 463; running thence along the
Northerly line of the lot conveyed to Marin County Abstract Company
lastly above referred to, South 880 07' 40", East 381.045 feet to a point
on the Westerly line of D Street Grade; thence along said line of D
Street Grade North 771 East 220 feet, North 540 East 150 feet; North 130
East 136.61 feet and North 330 West 173.11 feet to the Southeastern
corner of the lot conveyed by Ross Valley Realty Co. to George E.
Schaefer, et ux, by Deed recorded March 27, 1939 in Liber 379 of
Official Recordsat page 1139 running thence along the exterior lines of
conit
said Schaefer lot ar)ve referre(' to, South 550 �6' 40" West 155 feet;
North 320 31' 20" [% ,t 85 feet and North 620 5, East 155 feet to a
point on the Western line of D Street; thence along said Street line,
North 330 West 10.05 feet to the Southeasterly corner of the lot conveyed
by M. E. Wilson, to Lionel H. Smith, by deed recorded November 28, 1913
in Liber 156 of Deeds at page 428; thence leaving the line of said D
Street and running along the Southerly line of the lot conveyed by
Short to Fitzroy by Deed dated October 22, 1877 South 620 53' West 227.98
feet and North 820 48' West 59.09 feet to the Southwest corner of said
Fitzroy lot; thence North 80 02' East 32.78 feet parallel to the line of
D Street b the Southeasterly corner of the lot conveyed by Ross Valley
Realty Co. to Nina Evanow by Deed recorded September 22, 1942 in Liber
434 of Official Records•at page 479; running thence along the exterior
lines of said Evanow lot above referred to, North 830 15' West 109.15
feet to the Easterly line of a 50 foot road; thence along said road
line on a curve to the left whose center bears North 520 39' 30" West
and whose radius is 115 feet, distance 109.087 feet; thence North 170
0' 30" West 79.38 feet to the Northwestern corner of said Evenow lot
above referred to; running thence North 831 15' West 8.60 feet to a
point on the Easterly line of a 50 foot road known as "Grove Street
extended"; thence along said last mentioned line North 60 45' East 55
feet; thence crossing Grove Street and running along the Southern line
of the lot conveyed by A. P. Hotaling to Lewis Sloss by Deed dated June
279 1904 in Liber 87 of Deeds at page 298, North 830 15' West 260 feet
to the Southwest corner of said Sloss lot above referred to; thence
along the Westerly line of said Sloss lot above referred to, North 60
45' East 100 feet to the Northwest corner of said lot; running thence
Westerly along the lands of Sloss and the lands of Louis Gerstle and
the extension thereof, North 830 15' West 631 feet to the East line of
Clark Street; thence along the line of said Clark Street, South 60 45'
West 100 feet and North 830 45' West 60 feet to a point on the Westerly
line of Clark Street; running thence along the Westerly line of Clark
Street, North 60 45' East 200 feet, more or less, to the Southeastern
corner of Parcel No. 3 as described in the Deed from Ross Valley Realty
Co. to W. E. Wells recorded September 12, 1941 in Liber 417 of Official
Records at page 352; running thence along the Southern line of said
Wells lot above referred to, North 830 15' West 100 feet to the South-
west corner of said Wells lot above referred to, and to the Southeast
corner of the lot conveyed by Ross Valley Realty_ Co. to Lettie M.
Scott by Deed recorded June 4, 1942 in Liber 430 of Official Records
at page 196; running thence along the exterior lines of said Scott lot
above referred to, North 830 15' West 50 feet; North 60 45' East 100
feet and South 830 15' East 50 feet; thence North 60 45' East 100 feet
to a point on the Southern line of Greenwood Avenue; running thence
along said Avenue line, North 830 15' West 173.26 feet; North 370 35'
West 208.86 feet and North 830 15' West 37.04 feet to the Northeastern
corner of the lot conveyed by J. 0. B. Short to Jacob Blum by Deed
dated September 27, 1899 in Liber 10 of Deeds at page 393; running
thence along the eastern and Southern lines of said Blum lot, South 60
45' West 300 feet and North 830 15' West 300 feet; thence South 60 45'
West 422.95 feet to a point on the Eastern line of Makin Grade
running thence along, Makin Grade, South 570 11' East 44.31 feet to the
point of commencement.
cont
-3 -
EXCEPTING THEREFROM THE FOLLOWING:
a) That certain parcel of land conveyed to Nina Evanow by deed recorded
September 22, 1942, in Book 434 of Official Records at page 479,
described as follows:
BEGINNING at a point on the Easterly line of a 50 foot road,
1: -:own as (Grove Street extended), said point being distant South
5s° 15' East 8.60 feet from the intersection of the Northerly
boundary line of Del Mesa, with the Easterly line of Grove Street
extended, South 60 45' West 55 feet, as shown on the Amended
Map of Del Mesa, filed April 13, 1937 in Book 5 of Maps at page
69, Marin County Records, and running thence along said boundary
line South 830 15' East 138.90 feet, and South 80 02' West 180
feet, thence leaving said boundary line North 830 15' West 109.15 feet
to the aforesaid Easterly line of a 50 foot road, thence along
said road line on a curve to the left, whose center bears North 520
39' 30" West and whose radius is 115 feet, distance 109.087 feet,
thence North 170 00' 30" West 79.38 feet to the point of beginning.
b) That certain parcel of land conveyed to Lettie M. Scott by Deed
recorded June 4, 1942 in Book 430 of Official Records at page
196, Marin County Records, described as follows:
BEGINNING at a point that is South 60 45' West 200 feet and North
830 15' West 100 feet from the Southwest corner of Greenwood
Avenue and Clark Street, as the said streets are shown on the
Official Map of the City of San Rafael, Marin County, Cal., and
running. thence North 830 15' West 50 feet; thence North 60 45'
East 100 feet; thence South 830 15''East 50 feet; thence South 60
45' West 100 feet to the point of beginning; together with a
right of way, for ingress and egress and public utilities, over
and along the following described property: BEGINNING at a point
on the Southerly line of Greenwood Avenue that is North 830 15'
West 100 feet from the Southwest corner of Clark Street and
Greenwood Avenue, above referred to and running thence South 80
45' West 100 feet; thence North 831 15' West 7 feet; thence North
61 45' East 100 feet to Greenwood Avenue; thence South 830 15'
East 7 feet to the point of beginning.
c) That certain parcel of land conveyed to John G. Alioto and wife,
by Deed recorded August 27, 1945 in Book 486 of Official Records
at page 381,described as follows:
BEGINNING at a point on the Southerly line of Greenwood Avenue,
distant thereon, North 830 15' West 100 feet from its intersection
with the Westerly line of Clark Street, Short's Addition to San
Rafael; and running thence along said Avenue line North 830 15'
West 173.26 feet, North 370 35' West 208.86 feet, North 830 15'
West 37.04 feet, thence leaving Greenwood Avenue South 60 45'
West 300 feet, North 830 15' West 300 feet, thence South 60 45'
West 389.95 feet to the Northerly line of a 50 foot roadway, thence
along said roadway line on a curve to the right whose center bears
South 831 15' East and whose radius is 78.28 feet, distance 212.59
feet, thence South 170 39' East 76.27 feet, thence on a curve to
cont
-4 -
the left whose center bears North 72° 21' East and whose radius
is 28.15 feet, distance 28.54 feet, thence South 750 44' East
157.22 feet, thence on a curve to the right whose center bears
South 141 16' West and whose radius is 148.91 feet, distance
107.60 feet, thence on a curve to the left whose center bears North
550 40' East and whose radius is 22.94 feet, distance 35.42 feet,
thence North 570 11' 30" East 50.91 feet, thence on a curve to
the right whose center bears South 321 48' 30" East and whose radius
is 85 feet, distance 162.99 feet, thence South 121 56' 30" East
80 feet, thence South 771 36' East 17.96 feet, thence leaving said
road line North 180 33' East 86 feet, thence North 24° 16' East
131.27 feet, thence North 260 31' 20" East 34.42 feet to the
Southerly line of the circular turn at the end of Clark Street,
thence along the circumference of said circular turn on a curve
to the right whose center bears North 261 31' 20" East and whose
radius is 50 feet, distance 107.65 feet, thence along the Westerly
line of Clark Street, North 61 45' East 220 feet, thence leaving said
street line, North 830 15' West 150 feet, thence North 60 45' East
100 feet, thence South 830 15' East 50 feet, thence North 60 45'
East 100 feet to the point of beginning.
d) That certain portion of "D" Street, conveyed to the City of San
Rafael, by deed recorded September 4, 1951 in Book 705 of
Official Records at page 379, described as follows:
BEGINNING at a point on the Westerly line of "D" Street Grade,
said point being common to the calls "North 540 East 150 feet
and North 131 East 136.61 feet", as set forth in the Deed from
Ross Vallev Realty Co., to Wm. Nock, recorded December 24, 1942
in Liber 436 of Official Records.at page 499, Marin County Records;
running thence along said line of "D" S.treet Grade, South 54°
West 10 feet; thence leaving said line North 31 East 111 feet
thence North 240 30' West, a distance of 175 feet, more or less, tc
a point on the Southeasterly line of the property described in
Deed from Ross Valley Realty Co. to George E. Schaefer et ux,
recorded March 27, 1939 in Liber 379 of Official Records at page
113, Marin County Records; thence along said Southeasterly line,
North 551 26' 40" East 20 feet to the said Westerly line of "D"
Street Grade; thence along said last mbntioned line, South 330
East 173.11 feet and South 130 West 136.61 feet to the pointof
beginning.
e) That certain parcel of land conveyed to David B. Fyfe and wife,
by Deed recorded July 12, 1960 in Book 1381 of Official Records
at page 604, described as follows:
BEGINNING at the intersection of the Southerly line of San Rafael
Avenue with the Easterly line of Grove Street, San Rafael Townsite
Map; and running thence along the line of said Grove Street, South
61 45' West 655.00 feet; thence at right angles South 830 15'
East 9.42 feet to the TRUE POINT OF BEGINNING of the parcel to be
herein described; running thence South 71 36' 40" East 125.17
feet and South 120 16' 20" West 59.32 feet to the Southwest corner
of the lands of David B. Fyfe; thence on the Westerly line of said
Fyfe property on a curve to the left whose center bears North 520
39' 30" West radius 115.0 feet for a distance of 109.087 feet;
thence North 171 00' 30" West 79.38 feet to the TRUE POINT OF
BEGINNING.
cont
f) That certain parcel of land conveyed to David B. Fyfe and wife,
by deed recorded April 10, 1962 in Book 1559 of Official Records,
at page 385, described as follows:
COMMENCING at a point South 080 02' West 7.22 feet from the South-
west corner of the lot conveyed by Short to Fitzray by deed dated
October 22, 1877, said point being distant South 80 02' West
32.78 feet from the Southeasterly corner of the lot conveyed to
Nina Evanow by deed recorded September 22, 1942 in Liber 434
of Official Records, at page 479, Marin County Records, running
thence North 80 02' East 32.78 feet to the Southeasterlv corner
of the parcel conveyed to Evanow above referred to; running
thence along the Southerly line of said Evanow parcel, North 83°
15' West 109.15 feet, thence South 81 02' West 40 feet, more or
less, to a point which bears North 82° 48' West from the point
of beginning; running thence South 820 48' East 109.15 feet,
more or less, to the point of commencement.
PARCEL TWO:
COMMENCING at a point distant North 321 13' 30" East 125 feet from the
most Westerly corner of Lot No. 114 "Amended,Map of Del Mesa, Marin
County, Cal.", filed April 13, 1937 in Book 5 of Maps at page 69,
Marin County Records and running thence North 580 48' 10" West 314.962
feet, North 310 00' 30" West 230.045 feet, North 550 03' 50" East
120.860 feet, South 881 07' 40" East 381.045 feet to a point on "D"
StreetGrade, thence along same South 11 20" West 110.19 feet,'
and South 10 06v East 160.18 feet, thence leaving said road line and
running South 321 13' 30" West along the Westerly line of the herein
mentioned Lot 114, 173.489 feet to the point of beginning.
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