HomeMy WebLinkAboutCC Resolution 4655RESOLUTION NO• 4655
A RESOLUTION AUTHORIZING THE SIGNING
OF A LEASE OP 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
Eugene F Sthymmel and Alfred E. Boccone and Jessica L. Boccone
(dated January 3-1974)
A copy of which is hereby attached and by this reference made a
part hereof.
I, MARION A. GRADY, City Clerk of the City of San Rafael,
hereby certify that the foregoing resolution was du?y and regularly
introduced and adopted at a regular meeting of the
City Council of said City held on Mnndav the 21St
day of January, , 19__, 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
AGREEMENT OF SALE
THIS AGREEMENT, made this _� day of - ✓lgty. , 197*
by and between the CITY OF SAN RAFAEL, a municipal corporation,
hereinafter referred to as "City", and ALFRED E. BOCCONE and JESSICA
L. BOCCONE, his wife, and EUGENE F. STHYMMEL, a married man, collec-
tively referred to hereinafter as "Sellers".
W I T N E S S E T H:
WHEREAS, Sellers ALFRED E. BOCCONE and JESSICA L. BOCCONE, his
wife, are the owners of real property situated in the County of Marin,
State of California, and more particularly described in Exhibit "A",
which is attached hereto and by this reference made a part hereof; and
WHEREAS, Seller EUGENE F. STHYT-94EL is the owner of real property
situated in the County of Marin, State of California, and more par-
ticularly described in Exhibit "B", which is attached hereto and made
a part hereof by this reference; and
WHEREAS, Sellers ALFRED E. BOCCONE and JESSICA L. BOCCONE, his
wife and EUGENE F. STHYMIEL are owners of the real property situated
in the County of Marin, State of California, and more particularly
described in Exhibit "C", which is attached hereto and by this reference
made a part hereof; and
WHEREAS, all parcels of real property referred to above shall
hereinafter be referred to as "the property"; and
WHEREAS, the City of San Rafael is the owner of certain real pro-
perty situated in the City of San Rafael, County of Marin, State of
California, and more particularly described in Exhibit "D", which
is attached hereto and by this reference made a part hereof and herein-
after referred to as "City's property"; and
WHEREAS, City desires to purchase and Sellers hereby desire to
sell the property referred to above.
IT IS HEREBY AGREED AS FOLLOWS:
1. Sellers hereby sell and City hereby purchases the property
1.
owned by Sellers.
2. The considerations to be paid for said property is as follows:
A. To EUGENE F. STHYMMEL the sum of $8, 000.00 in cash, for the
easterly one-half of Parcel 1 and all of Parcel 3 and his interest in Parcel 4.
It is further agreed between the City and EUGENE F. STHYMMEL that
the westerly one-half of Parcel 1 shall be placed in open space reserve for
a period of not less than 10 years. The City agrees that EUGENE F. STHYMMEL
shall have right, by way of license, to enter from Knocknaboul Way and to cross
the lands of the City of San Rafael to reach that parcel retained in an open space
easement. This right is personal to EUGENE F. STHYMMEL and shall not be
transferred, assigned or conveyed without the consent of the City of San Rafael.
B. To ALFRED E. BOCCONE and JESSICA L. BOCCONE, his wife, the
sum of $12,000.00 in cash and the property owned by the City as set forth
in Exhibit "D", in exchange for Parcel 2 and their interest in Parcel 4.
3. The parties further agree that an escrow has been opened at Cal -
Marin Title Company, 511 Sir Francis Drake Blvd., Greenbrae, California,
for the purpose of effectuating the sale, purchase and exchange of the prop-
erties as set forth above, being Escrow #18453CL.
4. That at the time of taking title to the property as hereinabove set
forth, said property shall be free and clear of all taxes, liens and assess-
ments and subject only to an easement asset forth in the preliminary title
report attached hereto, marked Exhibit "E", and made a part hereof by reference.
5. It is further agreed between ALFRED E. BOCCONE and JESSICA L.
BOCCONE, his wife, and the City of San Rafael, that the property conveyed
to them by the City of San Rafael as set forth above has a fair market value
of $4,000.00 and that City has made no representations nor does the City
impliedly or expressly warrant the feasibility of building upon said site nor
does the City warrant expressly or impliedly that a building permit might be
issued for said property. If a building permit is not obtainable from the City, -
the City agrees to purchase the properties for $4,000.00 which has been esta-
blished as the fair market value.
2.
ALFRED E. BOCCONE and JESSICA L. BOCCONE, his wife, further acknow-
ledge that they have reviewed the site and that a full disclosure
as to the property has been made by the agents and employees of the
City as to the fact that said City's property has been the subject
of soil instability and that slides have occurred thereon and City
has taken certain remedial procedures to stabilize said land but
City does not warrant to the procedures taken by them in any way
for stabilizing said soil to the extent that a dwelling may be con-
structed thereon.
IN WITNESS WHEREOF, the parties hereto have executed this Agree-
ment of Sale the day and year first above written.
CITY OF SAN RAFAEL, a municipal
corporation
By
C. PAUL BETTIN ,Mayor
ATTEST:
MARION A. GRADY, City Cle t
3.
ALFRED E. BOCCONE
ICA L. BOCCONS
G
EUGF, 8 F. STITYMMEL
I
That certain real property situated in the County of Marin,
State of California, described as follows:
PARCEL TWO:
BEGINNING at the most Northerly corner of Lot 60 of Las
Colindas Unit Three, recorded in Book 8 of Maps at page
44, Marin County Records, thence along the Northeasterly
boundary of Las Colindas, Unit Three, South 710 44' 00"
East 296.98 feet to the true point of beginning; thence
continuing along the Northeasterly boundary of Las Colindas
Unit Three, South 71" 44' 00" East 296.97 feet to the
Northeast corner of Lot 52, being a point on the West line
of Wintergreen Terrace; thence along the Northerly prolong-
ation of the West line of Wintergreen Terrace, North 180
.16' 00" East 100.00 feet; thence North 711 44' 00" West
to a point which bears North 180 16' East 100 feet from
the point of beginning; thence South 18° 16' West 100.00
feet to the point of beginning.
EXHIBIT "A"
(To Agreement of Sale dated January 3, 1974 - Sthymmel/Boccone)
That certain real property situated in the County of Marin,
State of California, described as follows:
PARCEL ONE:
BEGINNING at the Northerly corner of Lot 60, as shown upon
that certain map entitled, "Las Colindas Unit Three", recorded
March 14, 1955 in Book 8 of Maps, at Page 44, Marin County
Records; running thence along the Northeasterly boundary line
of said map, South 71° 44' East 593.948 feet to the North-
east corner of Lot 52, as shown on said map, said point being
in the Northwesterly line of Wintergreen Terrace, as shown
on said -map; thence North 180 16' East along the Northeasterly
extension of said line, 100 feet thence North 71" 44' West
593.948 feet and South 18° 16' West 100 feet to the point of
beginning.
EXCEPTING THEREFROM, the following described parcel:
BEGINNING at the most Northerly corner of Lot 60 of Las
Colindas Unit Three, recorded in Book 8 of Maps at page 44,
Marin County Records, thence along the Northeasterly boundary
of Las Colindas, Unit Three, South 71° 44' 00" East 296.98
feet to the true point of beginning; thence continuing along
the Northeasterly boundary of Las Colindas Unit Three, South
71° 44' 00" East 296.97 feet to the Northeast corner of Lot
52, being a point on the West line of Wintergreen Terrace; thence
along the Northerly prolongation of the West line of Winter-
green Terrace, North 18° 16' 00" East 100.00 feet; thence
North 71° 44' 0.0" West to a point which bears North 181 16'
East 100 feet from the point of beginning; thence South 18°
16' West 100.00 feet to the point of beginning.
PARCEL THREE:
AN EASEMENT for ingress and egress over the following de-
scribed parcel of land:
BEGINNING at a point on the Southeasterly line of Lot 52,
as shown upon that certain map entitled, "Map of Las Colindas
Unit Three, in the County of Marin, California", recorded
March 14, 1955 in Book 8cf Maps at page 44, Marin County
Records, distant thereon South 18° 16' West 26 feet from the
most Easterly corner thereof; running thence along said
Southeasterly line and along the Northeasterly line of said
Lot 52, North 180 16' East 26 feet and North 71° 44' West 13
feet; thence leaving said Northeasterly line, South 18° 16'
West 26 feet and South 710 44' East 13 feet to the point of
beginning.
EXHIBIT "B"
F
That certain real property situated in the County of Marin,
State of California, described as follows:
PARCEL FOUR:
AN EASEMENT for ingress and egress over a strip of land
10 feet in width adjacent to and Southerly of.the Northerly
line of Parcel Two above. Said Easement is for the benefit
of and appurtenant to Parcel One above.
EXHIBIT "C"
(To Aqreement of Sale dated January 3, 1971► - Sthymmel/Boccone)
EXHIBIT D
(To Agreement of Sale dated January 3, 1974 - Sthymmel/Boccone)
LOT #23, AP #10-262-21
That certain property situated in the City of San Rafael,
Marin County, California more particularly described as
follows:
Lot 23,as described on that certain map en-
titled "Map of Westland Terrace, Subdivision
Two, San Rafael, California" filed in the
Marin County Recorder's Office at Book 6 of
Maps, page 16 and recorded on August 16, 1946,
Page 1
EXHIBIT D
(To Agreement of Sale dated January 3, 1974 - Sthymmel/Boccone)
LOT #242 AP #10-262-22
That certain property situated in the City of San Rafael,
Marin County, California more particularly described as
follows:
Lot 24, as described on that certain map en-
titled "Map of Westland Terrace, Subdivision
Two, San Rafael, California" filed in the
Marin County Recorder's Office at Book 6 of
Maps, page 16 and recorded on August 16, 1946,
Page 2