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HomeMy WebLinkAboutResolution No. 5013RESOLUTION N0. 5013 A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael a lease or agreement with FAIRVIEW LANDS, INC. A copy of which is hereby attached and by this reference made a part hereof. (RIGHT OF WAY CONTRACT AND ESCROW INSTRUCTIONS FOR LAND ACQUISITION AFFECTING PARCEL 8, AMENDED LAND ACQUISITION MAP - EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2) I, MARION A. GRADY, City 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 said City held on MONDAY the 25TH _ day of AUGUST 19-j5_, 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 Clerk ORIGINA'[ r25 5(313 RIGHT OF WAY CONTRACT CITY OF SAN RAFAEL A document, in the form of a Grant Deed, covering the - property described in that instrument, has been executed and delivered to Charles P. Semple, representative of the City of San Rafael, 1. The City shall: (A) Pay the undersigned grantor(s) the sum of $2,100.00 for the property or interest therein, as conveyed by above document, when property vests in the City free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded) and taxes, except: a. Current general and special county and city taxes, if any. b. Covenants, conditions, restrictions and res- ervations of record, if any. C. Easements or rights of way over said land for utility or street purposes, if any. (B) Pay all escrow and recording fees incurred in this transaction and, if title insurance is de- sired by the State, the premium charged therefor, and transfer tax, if required. Said escrow and re- cording charges shall not, however, include recon- veyance fees, trustee's fees or forwarding fees for any full reconveyance or full release of mortgage. 2; Any or all monies payable under this contract, up to and including the total amount of unpaid principal and interest on note(s) secured by mort- gage(s) or deed(s) of trust, if any, together with Right of Way Contract Page 2 (if any) for payment in full in advance of maturity, shall, upon demand(s) be made payable to the mort- gage(s) or beneficiary(s) entitled thereunder; said mortgagee(s) or beneficiary(s) to furnish grantor with good and sufficient receipt showing said monies credited against the indebtedness secured by said mortgage(s) or deed(s) of trust. . IN WITNESS WHEREOF, the ment on �u�v 2 10j GRANTOR parties have execixted this agree— CIT OF S N _ L MAYOR CITY CLERK (ham RENEE BURDISSO - Deputy City Gerk Marin Title Guaranty Company 1300 Fourth Street San Rafael, California Gentlemen: There is transmitted to you herewith the following: The sum of $2,173.00. :AUGUST , 1975 ................................................................ DATE Re -Your No. 1057.E -EJC ..................... Re: Acquisition from Fairview Lands, Inc. TO BE DELIVERED OR DISBURSED upon recordation, subject to the exceptions and conditions of the standard form of title insurance policy, of a Deed to the City of San Rafael, a municipal corporation describing the lands set forth on the attached sheet, SUBJECT TO: 1. County of tiarin and City of San Rafael general and special taxes for the fiscal year 1975-76 now a lien but ntt due or payable. (AP 9-150-28 includes other property) 2. The subject property lies within the East San Rafael Drainage Assessment District No. 2 as shown on the Diagram filed Vlarch 31, 1975 in Book 2 of Assessments at page 1, and by a notice of Assessment by the City of San Rafael, recorded march 3, 1975 in Book. 2872 of Official Records at page 577. Pumounts not available. 3. Rights and easements for navigation, commerce and fisheries. 4. Any easements or claims of easements based on prescription or by implied dedication to the public over the land, or any part thereof, for access to the adjoining beach or body of water, or for recreational purposes. 5. Easement, 20 feet vrife, affecting the premises for Levee purposes granted to San Rafael Sanitation Distract recorded November 3, 1955 in Book 983 of Official Records at page 437. THE DEMAND for delivery or disbursement of the above named items shall be in accordance with the fn1inwina ctatPmP.nt- Authority to deliver shall be deemed to be Authority to Record. CITY OF SAN RAFAE , a r^ nicipal We acknowledge receipt of an executed copy raoration � �/ of this instruction and the items listed hereon. bY.�-.. .-.....� ..... ..-....'� ✓.............. MARIN TITLE GUARANTY C0;\1PAN) ayor Attest: -. Bv............................................................... k _._�..__....... Date .............. .......... ... ..... ..... ............. ..... RENEE 5L„�i� u e^uty y City Clerk Plea,L' mail our idem to .............. ........................... ........ . EJC/dd P! T 8-21-75 YC)U WILL NELD iON FOR 1NCG,ML iFl FURPL ES. Debit Credit Purchasemz::SaJY�Price IS Pro -rata taxes Pro -rata insurance Title Insurance Prem. Escrow fees Recording 12 1 0 010 0$ 7 3 0 0 Balance to elos e, l:? ere:,i th 2 1 7 3 0 0 TC1T 4 f S i 1 / ! J v , 0 , 7 f 0 Authority to deliver shall be deemed to be Authority to Record. CITY OF SAN RAFAE , a r^ nicipal We acknowledge receipt of an executed copy raoration � �/ of this instruction and the items listed hereon. bY.�-.. .-.....� ..... ..-....'� ✓.............. MARIN TITLE GUARANTY C0;\1PAN) ayor Attest: -. Bv............................................................... k _._�..__....... Date .............. .......... ... ..... ..... ............. ..... RENEE 5L„�i� u e^uty y City Clerk Plea,L' mail our idem to .............. ........................... ........ . EJC/dd P! T 8-21-75 YC)U WILL NELD iON FOR 1NCG,ML iFl FURPL ES. DESCRIPTION: City of San Rafael - County of Marin - State of California A portion of the land described in the Deed from Francisco Company, a partnership, to Fairview Lands Inc., a corporation, recorded on September 25, 1967 in Book 2160 of Official Records at page 162, described as follows: BEGINNING at the most Northerly corner of Lot 3, Map of the Ceccotti Tract, filed September 14, 1970 in Map Book 14 at page 75; thence along the Northeasterly boundary of the parcel described in the Deed to Fred C. Grange recorded April 6, 1972•in Book 2556 of Official Records at page 27, North 521 271 18" West 100.00 feet to the most Northerly corner thereof; thence leaving said boundary and along the Southeasterly boundary of the parcel described in the Deed to Fairview Lands, Inc., a corporation, recorded September 25, 1967 in Book 2160 of Official Records at page 162, North 891 001 08" East 104.61 feet TO THE TRUE POINT OF BEGINNING; thence along said Southeasterly boundary, North 891 001 08" East 204.00 feet; thence leaving said boundary, North 151 02' 00" West 24.74 feet and South 891 00' 08" West 150.00 feet; thence along a tangent curve to the left whose center bears South 000 59' 52" East, having a radius of 60.00 feet, through a central angle of 531 07' 53" an arc length of 55.64 feet to the true point of beginning.