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Home My WebLink AboutCC Resolution 14273 (Purchase 409 Third St) 1 RESOLUTION NO. 14273 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING THE PURCHASE OF 101 SQUARE FEET OF PROPERTY AT 409 THIRD STREET, SAN RAFAEL (APN 014-151-14), FROM MONTECITO MARKET PLACE ASSOCIATES, FOR AN AMOUNT NOT TO EXCEED $5,425 WHEREAS, the City of San Rafael is a municipal corporation that provides services and public infrastructure to residents, businesses, and visitors; and WHEREAS, the City of San Rafael owns and maintains numerous properties, buildings, and rights-of-way that are essential to provide services to the local community; and WHEREAS, the City has undertaken work on a public street improvement project called the Grand Avenue Improvement Project (the “Project”), a project to improve the traffic circulation and safety of Second Street and Grand Avenue through the installation of pedestrian, bicycle, and intersection improvements including new sidewalks, curbs, gutters, ADA compliant curb ramps and driveway, traffic signal modification, signing, and striping, as well as th e installation of a new 150’ long by 12’ wide bridge across the San Rafael Canal for the exclusive use of bicycles and pedestrians to be installed approximately 5’ east of the existing bridge on Grand Avenue south of Second Street , and sidewalk improvements for bicycles and pedestrians along the northern end of Francisco Boulevard East; and WHEREAS, the City filed and posted a Notice of Exemption for the Project from April 30, 2012 to May 30, 2012 to comply with the California Environmental Quality Act (“CEQA”) and wishes to begin construction of the Project in 2017; and WHEREAS, Montecito Market Place Associates (the “Property Owner”) is the owner of a parcel of property located in the City of San Rafael, County of Marin, State of California, bearing Assessor’s Parcel Number 014-151-14 and commonly known as 409 Third Street, San Rafael, CA 94901 (hereafter “409 Third Street”); and WHEREAS, as part of the Project, City requires the acquisition of a small, 101 square-foot, portion of 409 Third Street that is directly adjacent to Second Street (the “Property), for use as part of the Third Street public right-of-way; and WHEREAS, the City deems the sales price of $5,425 to be an appropriate purchase price for the Property, given that a recent appraisal determined this amount to be justified as the market value of the Property; and WHEREAS, WHEREAS, on December 12, 2016, the City sent the Property Owner an offer to purchase the property for $5,300 pursuant to Government Code section 7267.2, which was subsequently increased by $125 to an amount not to exceed $5,425 to pay for an extension of the temporary construction easement period in order to comply with new FHWA regulations, and the Property Owner and the City have now agreed to the price and terms for the City’s purchase of the Property; and 2 WHEREAS, in connection with completion of the Project, the City desires to work with the Property Owner on aspects of the Project mutually beneficial to both parties, such as improved landscaping along Grand Avenue and improved pedestrian access to the Canal waterway; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael does hereby authorize the purchase of the Property from the Property Owner as shown in attached Exhibit A and Exhibit B, for a not-to-exceed amount of $5,425, using $5,425 in funds appropriated from the Measure A Transportation Fund. BE IT FURTHER RESOLVED that the City Manager is authorized to execute, on behalf of the City of San Rafael, a Right-of-Way Purchase Contract for purchase of the Property, and all other documents required to effectuate the purchase of the Property by the City, all subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED that the City Council does hereby affirm that the City will work diligently with the California State Lands Commission and the Property Owner to abandon a portion of an existing public pedestrian access easement between the San Rafael Canal and Second Street as shown in Exhibit C and to relocate this easement to the City-owned property at 750 Grand Avenue, so as to improve pedestrian access to the Canal waterway. BE IT FURTHER RESOLVED that the City Council acknowledges that the aesthetics of the Project are an important aspect of the overall success of the Project, and commits the City to work with the Property Owner to develop a mutually-acceptable landscape plan for the City-owned property at 750 Grand Avenue. I, ESTHER BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a meeting of the City Council of said City held on Monday, the 6th of February, 2017, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough and Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER BEIRNE, City Clerk Recording Requested by: City of San Rafael WHEN RECORDED MAIL TO: City of San Rafael Department of Economic Development 1313 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 Attention: Tom Adams 20 17 — OLK3049Z Recorded I REC FEE Official Records I County of I Ilarin I RICHARD f1. BENSON I Assessor -Recorder I County Clerk I I NN 01:57PN 31 -Jul -2017 I Page 1 of 10 Federal ID No. HSIPL-5043(037) Stewart Title Escrow No.: 01180-250178 Recording fees exempt per Govt. Code § 6103 Documentary Transfer Tax Exempt per R.T.C. §11922 APN: 014-151-14 SPACE ABOVE THIS LINE FOR RECORDER'S USE Documentary Transfer Tax $ 0 __ Computed on full value of property conveyed, or —Computed on the full value less liens or encumbrances remaining at time of sale Uninc orated area x City of San Rafael Signature of Declarant WAgent determining tax GRANT DEED MONTECITO MARKET PLACE ASSOCIATES, a California general partnership, hereby Grant(s) to the CITY OF SAN RAFAEL, a Municipal Corporation, the real property in the City of San Rafael, County of Marin, State of California, described as follows: SEE EXHIBITS "A & B" ATTACHED HERETO AND MADE A PART HEREOF. Montecito Market Place Associates, a California general partnership Date: Date: CITY OF SAN RAFAEL CERTIFICATE OF ACCEPTANCE ATTACHED HERETO, Accepting the grant of herein described real property. 0.00 Montecito Market Place Associates, a California general partnership By: Rafael Associates, a California limited partnership, partner By: PPF Associates, L.P., a California limited partnership, general partner By: PPFGP Associates, LLC, a California limited liability company, its general partner or J7 By: Willis K. l e Po, Jr. Trustee of The is K. Polite, r. Tru t U A dated 4/18/14, managi me ber By: Dennis P. Flsco'Truslee of The Amended and Restated Fisco Family Trust (1994) U/T/A 2/13/01, managing member By: Montecito Plaza Associates, a California limited partnership, partner By: PPF Associates, L.P., a California limited partnership, general partner By: PPFGP Associates, LLC, a California limited' liability company, its general partngr By: Wil ' K. P lite, Jr., Trustee ofNae Willis K. Polite Jr. ust /T/A dated 4/18/1 , manag'ng \emb r By. \ 1 Dennis P.1 Fi o, Trustee of The Amended and Restated Fisco Family Trust (1994) U/T/A 2/13/01, managing member [ Signatures continued on next page ] By: PPF Associates, L.P., a California limited partnership, general partner By: PPFGP Associates, LLC, a California limited liability company, its general partneL By: Willis Polite, r. Trustee of The K. Polite, . Trust A dated 4/18/14, managin mem By: I Dennis P. Flscc�Trdstee of The Amended and Restated Fisco Family Trust (1994) U/T/A 2/13/01, managing member 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 On 51 /S J poi before me, E. Beirne, Notary Public (insert name and title of the officer) personally appeared 4e r cK*s �• Fi5 c v who proved to me on the basis of satisfactory evidence to be theerson(s) whose name(s)s are subscribed to the within instrument and acknowledged to me thaUb/she/they executed the same in 6]0/her/their authorized capacity(ies), and that by&/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY 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 e`z- - (Seal) E. BEIRNE c COMM: #2112433 z z Notary Public • California Marin County Comm. Expires June 10, 2019 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 On .tel/s/24t;,/� before me, E. Beirne, Notary Public (insert name and title of the officer) personally appeared A-) /I -Ai 5 K . pc A f , ::5-g who proved to me on the basis of satisfactory evidence "to be the person(s) whose name(s)(Nare subscribed to the within instrument and acknowledged to me that&/she/they executed the same in 1&' /her/their authorized capacity(ies), and that bgCgWher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY 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 % - roc eu-e- (Seal) E. BEIRNE r COMM. #2112433 z My z �► Notary Public • California � Marin County c Comm. Expires June 10, 2019 EXHIBIT "A" DESCRIPTION FEE ACQUISITION PORTION OF APN: 014-151-14 All that real property situated in a portion of Parcel Two of that land as deeded to Montecito Market Place Associates in Instrument Number 87-45371 of Official Records, recorded July 7, 1987, Marin County Recorder's Office, said land referred to herein is located in the City of San Rafael, County of Marin, State of California, more particularly described as follows: Beginning at the intersection of the easterly right of way line of Grand Avenue with the southerly right of way line of Second Street, said intersection being common to the point of beginning of said Parcel Two; thence N78040'53"E 25.78 feet along said southerly right of way line, being coincident to the northerly line of Parcel Two thereof, to the beginning of a non -tangent curve concave southeasterly having a radius of 77.14 feet, to which point a radial line bears N19001'26W; thence Southwesterly 31.59 feet along said non -tangent curve, through a central angle of 23027'49" to the said easterly right of way line of Grand Avenue, being coincident to the westerly line of said Parcel Two, to which point a radial line bears N42029'1 5"W; thence N08040'53"E 11.1 1 feet along said easterly right of way line to the Point of Beginning. Together with a temporary easement for construction purposes 5.00 feet wide more particularly described as follows: Beginning at the Northwesterly corner of that land as hereinabove described; thence N78140'53"E 25.78 feet along the northerly line of hereinabove described land to the True Point of Beginning: thence S69144'34"E 8.36 feet to the beginning of a non -tangent curve concave southeasterly having a radius of 72.14 feet, to which point a radial line bears N13°52'46"W; thence Southwesterly 42.61 feet along said non -tangent curve, through a central angle of 33150'47", to the easterly right of way line of hereinabove described land, to which point a radial line bears N47°43'34"W; thence N08140'53"E 8.45 feet along said easterly right of way line to the beginning of a non -tangent curve concave southeasterly having a radius of 77.14 feet, to which point a radial line bears N42028'1 1 "W; thence Northeasterly 31.59 feet along said non -tangent curve, through a central angle of 23127'49", to which point a radial line bears N19°01'26"W, to the True Point of Beginning. END OF DESCRIPTION RV 1cad\11176 Grand Avenue Bridge\survey\RW Dedications\11176_RW Desc. 014-151-14 .doc Page 1 of 2 Siegfried Engineering, Inc. Title (Cont'd.) Contains: 101 sq. ft. more or less Basis of Bearing: The easterly line of Grand Avenue which bears N08°40'53"E as per Record of Survey filed in Book 18 of surveys, at Page 58, Marin County Records. The property described herein is shown on the attached plat, Exhibit "B", and by this reference made a part thereof. 11176 01/26/2017 ��PL LANO� ��SS sti L o ZosGP� No, 8247 lc' * EXP. �P T9Te Or C AUWO)� LASZLO ZOLD, P.L.S. #8247 LICENSE EXPIRES: 12/31/2017 F:\Ilcad\11176 Grand Avenue Bridge\survey\RW Dedications\11176_RW Desc. 014-151-14 .doc Page 2 of 2 Siegfrie EXHIBIT "B" 2ND STREET P.O.B. W DATE 05/02/17 a CIVIL N8°40'53"E j11.11' EASEMENT Q 1 0/ "BASIS OF Z BEARIN °°°°V�jj o° Ur o S8040'53"W 8.45' \ \��5 EAST LINE ► �sr,�, \ GRAND AVENUE FEE ACQUISITION 101 SQ FT. N76 40'53"�257a 3RD ST 2ND ST T Q W O PROJECT Srm Co lL 101 F ��sco NOT TO SCALE SOUTH AWE UE T.P.O•B SECOND A'N - S69°44'34"E -,---8.36' F�(T.C.E. DATE 05/02/17 a CIVIL TEMPORARY CONSTRUCTION EASEMENT R=77.14' L=31.59' 1 =23°27'49" \ POINT OF BEGINNING CH=S59°14'39"W 31.37' R=72.14' L=42.61' \'—A=33050'47" LAN/ S�QNP S 45 S� 0 ZO GAG tz v �o CH=S59°11'50"W 42.00' NO. 11176 MONTECITO MARKET PLACE 3244 Brookside Road, Suite 100 Stockton, California OF; 1 CD JOB ASSOCIATES APN 014-151-14 0' 5' 10' 20' SCALE:1 "=10' F�(T.C.E. DATE 05/02/17 a CIVIL TEMPORARY CONSTRUCTION EASEMENT T.P.O.B. TRUE POINT OF BEGINNING P.O.B. POINT OF BEGINNING ■ S I E G F R I E D ENGINEERING a SURVEYING LAN/ S�QNP S 45 S� 0 ZO GAG tz v �o a PLANNING NO. 11176 >•r EXP. LJ� I GRAND AVENUE FEE ACQUISITION I 409 2ND STREET SAN RAFAEL, CA DATE 05/02/17 a CIVIL SCALE; AS SHOWN ENGINEERING DESIGN L2 SHEET a STRUCTURAL ■ S I E G F R I E D ENGINEERING a SURVEYING SG DRAWN tz a PLANNING NO. 11176 1 3244 Brookside Road, Suite 100 Stockton, California OF; 1 CD JOB -0214 208-843-2021 www.slegfrladang.com Fx: 208-842-0214 WHEN RECORDED RETURN TO: City of San Rafael Department of Economic Development 1313 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 Attention: Tom Adams AREA: San Rafael APN:014-151-14 Federal ID No. HSIPL-5043(037) 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 I y �, �� , 2017, from MONTECITO MARKET PLACE ASSOCIATES, a California general partnership, to the CITY OF SAN RAFAEL, a Municipal Corporation, is hereby accepted by order of the City Council of the City of San Rafael and the grantee consents to the recordation thereof by its duly authorized officer. Dated: t �� m chutz Ci y anager, C04 San Rafael Attest: � l � 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 On 16-1 /I /z017 before me, E. Beirne, Notary Public (insert name and title of the officer) personally appeared --::7/-&Y .5'CA1lj i z who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s'i /are subscribed to the within instrument and acknowledged to me that ilD/she/they executed the same in cher/their authorized capacity(ies), and that bydg/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY 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 '-� - W -e4 Z "'&� (Seal) E. BEIRNE COMM. #2112433 z 0:@MY Notary Public . California o zMarin County Comm, Expires June 10,2a Q9 EXHIBIT C Yellow Line: Current Entrance of Pedestrian Access Easement (Proposed to Abandon & Relocate to Green Line) Red Line: Canal Waterway Pedestrian Access Easement (No Changes Proposed) Green Line: Proposed New Entrance of Pedestrian Access Easement