HomeMy WebLinkAboutCC Resolution 4632RESOLUTION NO. 4632
A RESOLUTION APPROVING ANNEXATION TO THE CITY OF SAN RAFAEL
OF UNINHABITED CONTIGUOUS TERRITORY LYING ADJACENT THERETO
DESIGNATED AS "BLACK CANYON". '
WHEREAS, written petitions and consents were filed under the
"Annexation of Uninhabited Territory Act of 1939" with the City
Council of the City of San Rafael, containing a description of un-
inhabited territory contiguous to territory lying within the boundary
of said City of San Rafael, and requesting therein that said territory
be included in said City; and
WHEREAS, said petitions or consents were signed by or filed by
the owners of all of the land in the territory to be annexed; and
WHEREAS, prior to the circulation and filing of said petitions
or consents, the Local Agency Formation Commission did on Sober 10
, 197_, approve the annexation of said uninhabited territory
to the City of San Rafael without notice, hearing or election; and
WHEREAS, owners of all of the territory to be annexed have here-
tofore filed with the Clerk of the City of San Rafael, their written
consent to have the property to be annexed subjected to taxation after
annexation equally with property within the City of San Rafael to pay
any bonded indebtedness or liability of the City of San Rafael, con-
tracted prior to or existing at the time of the annexation referred to
herein; and
WHEREAS, the City of San Rafael and the petitioners signing the
petitions have agreed to certain conditions relating to the annexation
of their properties. Those conditions are set forth in the copies of
the petitions or consents to annexation attached hereto and made a part
hereof; and
1.
WHEREAS, said territory so proposed to be annexed to the City of San Rafael
is designated as "Black Canyon Annexation".
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN RAFAEL as follows:
That the annexation of said uninhabited territory designated as "Black
Canyon Annexation" and hereinafter mentioned and described as requested by said
petitions so filed with said City Council of said City of San Rafael be and the
same is hereby approved and said property be and the same is hereby subjected to
taxation after annexation equally with property within the City of San Rafael,
to pay any bonded indebtedness or liability of the City of San Rafael, contracted
prior to or existing at the time of the annexation referred to herein.
FURTHER RESOLVED that said property is subject to the terms and conditions
contained in the petitions or consents to annexation hereinabove referred to
and incorporated herein.
FURTHER RESOLVED, that the specific description of the boundaries of the
territory, the annexation of which is hereby approved, is described in Exhibit A
attached hereto and made a part hereof by reference.
FURTHER RESOLVED, that the City Clerk of the City of San Rafael is hereby
directed to immediately make, under the seal of said City of San Rafael, and
transmit to the Secretary of State of California, a certified copy of this resolu-
tion, stating the date of its passage;
be it
FURTHER RESOLVED, that this resolution shall be effective thirty (30) days
from and after the date of its passage.
I, MARION A. GRADY, Clerk of the City of San Rafael, do 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 the l7th day of
December 1973, by the following vote, to -wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
r
MARION A. GRADY, City Clerk'
2.
PETITION FOR ')NNEI;r.,ATPION
The un&e.,mitmet?. ot�.rncr 'nlerehyr -;-vakns an lication to, the
C-J.tv of Ra:.Fap-1 cannexat-lnn to saict C'-ity of t+e he-reirafter
def"Cri.hNed tc.-wl-l-tor.4r in accordiancie witli tl,,e 2',nn-exation o -f uninhalb-ited
Tc,rritox-v !:ct ni- 1939 o -E the F7,t.--te, o -F Cal.-P:-'ornia.
to th-e circulation of this v-,etition the nropciients OLjt:;4ncd
L ' -.i I I - - E () c 7
-- c! a.Y.)r-rnvp-1 c -r-- 4--.hf� Local x'-,(.-.renc- 'Form7ition (-cT-- is --i -n t- the annexation
Schl�l --Lerritory i53•
J uni -ha'); tcoi 4-erritonr, anc, is si-�u-atc- ir.file
C-A-tv C). -F -,�.af ael, coun-tv c,.-17 -rin, F'-atp- cF C:- I i-Pornia.
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ho. un.-lersic'mea --rner t -he owner or- not 1e3:7 t' an ore"
Eourth ol" the liand jyj the -E`,- r 4 4 -cry r.3---o-rosed to b -c- annexr.--d te. the City
as sl own cm the last
eclualize-C7. assessi,.!nt- rall of thEt C -J," ---A-, of San Rafael dint: Countv of
Mlarin il., v71him'. the i -e -m -q tC)j7%7 4 E, C -i t-,-,atC.,C iC, tF - j to -V i 1%G'Ur, le
andi -morc Eully in Z attzic-h-ecl lA,.erc:t,--; am-, i--z'Je ct Part
herco.�'.
T----titicnc�;r he -re --y aarrees that 'A"ie prcUperty t12e territory
rrorosc4d to 'be anney.-(-d shall be t��xc-:-' to anv bnmleC. inflebtec"n-ess
clr liah.dlity cf th:rl 11-21ty -1:1-i'ael Ccs t? pri-Or -'L-0 or C-.-.-istinq
at 4--ir-c of annexaticri cauelll-ir aith other re sident-s of said C-1.1ty;
-and, f-urther aC.-rees-, ll --o P.av to tT,r-:.- City ef 1�F.n Rafa.e.-1 an annexaticli
fee of $7-5.00.
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R ES 1 DE C E
CLA
O"Connell,
Iris attorney in fact
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PETITION FOR ANNEXATION
The undersigned property owner hereby makes application to the
City of San Pafaei for annexation to said City of the hereinafter described
territory/ in accordance with the Annexation of Uninhabited Territory Act of
1939 of the State of California.
Prior to the circulation of this petition the proponents obtained
the approval of the Local Agency Formation Commission to the annexation pro-
posaI.
Said territory is uninhabited territory, and is situate In the City
of San Rafael, County of Marin, State of California.
The undersigned petitioner is the owner of not less than one-fourth
of the land in the territory proposed to be annexed to the City of San Rafael,
by area, and by assessed value as shown on the last equalized assessment roil
of the City of San Rafael and County of Marin in which the territory is
situated. Said territory is bounded and morefully described in Exhibit A
attached hereto and made a part hereof.
Petitioner hereby agrees that ti►e property within the territory
proposed to be annexed shall be taxed to pay any bonded indebtedness or
liability of the City of San Rafael contracted prior to or existing at the
time of annexation equally with other residents of said City.
In lieu of any annexation fee petitioner hereby agrees at the time
of annexation to grant to the Cltv of Gari Rafael in fee simply: absolute the
property described In the copy of the Grant Deed attached hereto and Incor-
porated herein as fully set forth.
NAME RESIDENCE DATE SIGN£D
Parcel No. 186-031-02
& 186-520-07
Vice President & As-sistant Secretary
Nulomond, Inc.
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.....LtV c7L atiTi V..=_CiC�"L 1:Clr [al;i7eh:r3LZC'1 to c^��1i1 (:l�:J Cls �hE' hei:einarter
CiE?�iCi l''�eC: : E?rL i -ory in accor:lance lith the �s';I c:zat.io n of Uninhabited
1:Rerritor;% ��ot r 1939 wr the `'tate; of Cali fornia.
?_'i or to tn-e. Ci rculatic:-.n o' {;,:i --oti tion T;roT.•One_'?ts obtained
the apz;S'Uval or- t _c Local Ac,:c-n r -Forts tl.-ic l Co-m.,-Assion to "Lyle anne-Nzation
Said territory try is nine. alb —I t:ed territory, is sit- ate it the
City of .`:.;:: . afai-z 1. , f_'ount_.y of-In:r:in :tate of California.
TII.e i3nde_ s. -La ed, petit ir,.:ers are the Owners of nojK_ "Less Uian one-
fourth of the land i'' the terri'::G'r• , proposed to be annexed to the City
of San 1Za.F ;el, by -re-a, ana r:V asse-sFe,� value as shown on the "Last
e:-,. :4'ta.ize-'d as ses--7� "Lent roll Ct the Citv of 'an la :f'a el and ;?Qunt-y Of
"ri . . YJi1 Cil the 'i t. �- sit. ed . S �. � eI- ?r , • } ��i
11 iTl :Lit i .i 1C%:L L.7Y''v I . � 7 � t ,i .! t I'3_t�_t� �.:- �C�LiII� :f
and mcrt f :I? ' w.7 C.esc ri; red in Lllxh .i.:.i :'.. � t~i:ciC474:zi '3'''] C n. d � rt
atc� a_-- r'a�.ae L. ria_
:lest'_ t 4 r;11, ere' }t1 �aitrGC'. tt?.31 l:l�c i C'tl ,. - i -,� �-t a �r
s =:�' Yi t__ iii L. is territory,
oro,
CSGLar,C`_Cr � shall C' -axe.`: 7 3c�T 6?V r?I2C3:i tote�
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3ii '.J ..,. the City Cir �a:l ;?:ra t', o: itr--ac e�'-t r)r_?_C•r 10 -)r existiT1'-!
at the ti -.-a `J'_ i-Iineiaticn ot1-arresidents, n-=. ,ail ��t7
and, ftIrt l cx 'SrE'G 1G i.z3_�' "tn 4'"!E � i# <T r�i' .,.ii! ?af8e7 X71 :iI'1lE'=caiiQF? fc',Cr
.: $7_5.00.
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IDETITION 1=01% ANN[D- <AT1ON OF Ul%jINHADITED "rEr:zr-,,r Of� e
TO THE CITY OF SAN 1-RAF/\E1_
The. Undersigned property owners hereby make application
to the CITY OF SAN RAFAEL for annexation to said City of the hereinafter des-
cribod territory in accordance with the Annexation of Uninhabited Territory
Act of 1030 of the State of California.
1 . That prior to the execution of this petition, the approval
of the Local Agancy Formation Commission of the County of Marin, State of Cali -
fornix, will be obtained for the annexatton proposal subrnt.tted herewith.
;� . That the territory sought to be am sexed to the City of
San Rafael is uninhabited ter^rttorIP situate in the County of Marini, State of
California,, and -is more p=.lrticularly described as Assessor's Marcel No. 106-520-06;
Assessor's Parcel No. 166-520-09; and Assessor's Parcel No. 166-520-11; each
of \:vhich said parcels are rnore particularly set fortis and described upon the
Assessor's Parcel Maps r -narked Exhibit "A", attached hereto, ard by reference
made a part hereof.
3. Petitioners are the owners of not less than one --fourth
(1/4.) of the land in the territory by area, and by assessed \ralue, as shown on
the last equalized assessment roll of the County of Marin, State of California,
the County in which the: territory is situated.
4. That petitionars make application to the said City of San
Rafael for the annexation to said City of Assessor's Parcels Nos. 186-520-06,
'186--520-09, and 1186-520-11, as more particularly described on Exhibit "A",
attached hereto, upon the express conditions hereinafter more particularly set
forth:
(A) That the said property so proposed to be annexed, shall
be taxed to pay any indebtedness or liability of the City of San Rafael contracted
prior to or existing at tho tirne of annexation, with the exception that: petitioners
do not agree to be bound to pay ti he indebtedness incurred by the City in the '1972
General Obligation Open Space Bond issue.
(B) That the City Upon annexation shall not levy any assess-
ments against said property or against petitioners for street, sewer or water
Improvements. f=urther, that the City shall not require petitioners to effect any
change in the public utitUitted or public services presently existing for said
prope,rty untiI such gime as petitioners, or their successors in interest, apply
for and are granted q:)proval for a subdivision -)f all or, any portion of said prop-
erty, in ,%,;-iich event the provislot-15 of this condition shall terminate as to the said
property or portion thoreof for which such subdivioLon approval shall have been
granted.
CC) "l -Plat the C%ity of Grin I`ZafL�cll sfull not acclutre or Nec=k
to. ac -quire by right- of eminent domain all or any part of petjttoncrsI lands de-
scr^ibod in Exhibit "A" attach'ied hcr•eto; or- acquirt� ar seek to acquire by ricrht
of ckrntnant domain any cases -hent or right of kmay over, through or across pett-
ttoncr•s' said lands or any tart tl er^euf ,
5. That the provisions of 4 (A) and (D) hereinbefore shall
conttnue and'rf. main to full force and effect and shall be binding upon the said
City of San Rafael until petitioners, or their SLICC;eSSOI^s in intertest, shall
apply for and be granted finial approval fors the subdivision of s, --Ad property or
any {.part thereof, to which event the provisions of paragraph 'f- (A) and (D) shall
terminate as to the satd property or porticn thereof for which said subdivision
appreval has become final.
6. This petition for annexation is expressly conditioned
upon -'L.hc: agreement to and acceptance of, on the part of. the said City of San
Rafael, of each and all of the provisions and conditions hereof as hereinbefore
more particularly set fortis.
Dated: San California
August 1 , 1973
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0- ERT f\,ItAIVN
RUR ERT Y. MANN, Trustee
D E L LA S. (ViAN N
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LANDS OF BUCK CANYON (1972-5)
TO
THE CITY OF SAN RAFAEL-
Commencing at a point known as point "A" as found on the parcel map
recorded in Volume 4 at page 12 of Parcel Maps in Marin County, California
Records, shown as - a found concrete monument RE 3230 -per O.R. 409-31;
thence S 56° 35' W, 40.40 feet to a 2 inch iron pipe on the southerly right-
of-way line of Margarita Drive as shown on aforementioned parcel map P.M-. 4-12
recorded in Marin County, California; thence along said southerly right-of-way
line N 25° 20' W, 7.21 feet; thence N 410 30' 14, 157.58 feet; thence
N 61° 47' W, 27.40 feet; thence S 25° 38' W, 46.78 fest; thence S 470 42' w,
63.27..feet; thence S 84° 36' W, 69.01 feet; thence N 460 44' W, 64.73 feet;
thence N 14° 58' W, 132.67 feet; thence N 38° 16' W, 37.91 feet; thence
S 1180 36' 11, 1116.72 feet; thence leaving said southerly right-of-way line in
a northeasterly direction 70 feet more or less to the northerly right-of-way
line of Margarita Drive and which is the common southerly corner between
Parcels 2 and 3 as shown on the aforementioned parcel map P.M. 4-12; thence
N 18° O1' 021' E, 266.327 feet; thence N 710 58' 58" W, 438.733 feet; thence
S 180 O1' 02" 14, 7_09.616 feet; thence S 71° 23' 34" W, 111.90 feet; thence
S 80° 42' 24" W, 85.219 feet to the northerly right-of-way of Margarita Drive;
thence southwesterly 80 feet more or less to a point on the southerly right-of-
way line of I.largarita Dr. and said point is at the intersection of two courses
namely, N 590 59' W and N 80° 30' W, and said point also being 47 feet more or
less N 59° 59' W along said southerly right-of-way line of Margarita Drive from
the most easterly corner of Lot 40-A as shown on the unrecorded map of Marin
Country Club Heights; thence along said southerly right-of-way lin^ of Margarita
Drive N 80° 30' W, 57.54 feet; thence 14 42° 21' W, 95.92 feet,
thence N 69° 46' W, 100.00 feet more or less; thence
S Lil° ?_0' W, 61.00 feet more or less; then
cea79° 41' W, 57.00 feet more or less;
thence N 660 18' 14, 60.00 feet more or less; thence N 320 58' W, 75.00 feet
more or less; thence leaving the southerly right-of-way line of Margarita Drive
.,►. �. ��, +., ,as r ,-+ inn hr, nn fent mere or less to.the most southwesterly
cornerVof parcel one as found on the aforementioned parcel r,'tap =.i;. 4-12 ani
this corner also being on the northerly right-of-way line of said Margarita
Drive; thence N'330 40' 30" E, 863.29 feet along the San Rafael City limit;
thence N 120 24' W, 231.70 feet; thence N 6° 56' W, 388.09 feet; thence
S 880 43''E, 21;7.15 feet; thence continuing along the City Limit line 1•4 2° 11' W.
675.00 feet more or less; thence N 540 50' E, 133.06 feet; thence N 320 19' E,
248.85 feet; thence 14 10° 21' 1-1, 341.65 feet; thence 14 211° 51' W, 483.26 feet;
thence IJ 80 36' W, 256.02 feet; thence N 80 50' E, 154.73 feet; thence
II 35° 21' W, 258.64 feet; thence Id 7° 30' E, 285.19 feet; thence t! 10° 37' E,
141.05; thence N 21° 13' E, 206.70 feet; thence IJ 55° 12' E, 175.21 feet;
thence N .24° 00' E, 155.21 feet; thence N 34° O V E, 160.27 feet; thence
N 480 05' E, 130.05 feet; thence N 68° O1' E, 157.67 feet; -thence N 73° 13' E,
272.29 feet; thence N 80° 44' E, 238.45 feet; thence S 83° 52 E, 275.96 feet;
thence N 28° 22' E, 196.89 feet; thence N 34° 11' E, 213.95 feet; �heAse / t nrt i .��.L-t�?2RGe �.I I r j +i -Jam-"'" _I' thence S 1° 00' E,
,
3612.00 feet; thence'S 63° 02_' E, 109.10 feet; thence S 46° 36' E, 69.40 feet;
thence S 55° 49' E, 166.10 feet; thence S 350 42' E, 200.00 feet; ;:hence
S 500 08' E, 156.50 feet;thence S 47° 39' E, 1132.90 feet; thence S 40° 43' E,
699.00 feet; thence S 58° 50' E, 65.4.40 feet; Gterca ; 56° -1 o E, 280.90 feat
to the most westerly corner of lot 15 as found on the map of Bayside Acres
Subdivision No. 2 recorded in Book 4 page 61 of Haps, Marin County Records
dated November 7.9, 1913; thence leaving said City Limit line S 56° 39' E,
201.00 feet; thence along the San Rafael City Limit line S 35° 20' W,
201.00 feet; thence N 560 40' w,'480 feet mare or less; thence N 58° 50' W,
996.73 feet; th-ence S 39° 00' U, 319.64 feet; thence S 89° 00' W, 650.00 feet;
thence S 10 00' E, 300 feet more or less to the most northeasterly corner of
the lands of H. V;glienzone as recorded on February 2i, 1963 in Book 1660,
page 283 Marin County Records; thence leaving said City Limit line West,
390.83 feet; thence along the westerly boundary of the lands of H. Viglienzone
as referenced above which is 20 feet easterly of the following described centerline,
S 190 50' W, 49.92 feet; thence alor.g a curve to.the left with a radius of 40.00
feet and arc length of 72.92 feet; thence N 500 44' W, 33.50 feet; thence aJong a
curve to the left with a radius of 36.36 feet and arc length of 73.60 feet; thence
S 5° 16' W, 141.63 feet; thence S 19° 41' 11, 112.06 feet; thence N 25' 20' W,
10.72 feet to Point "A", the point of beginning. Containing 204 Acres, more or
less.