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HomeMy WebLinkAbout20241007160523RECORDING REQUESTED BY City of San Rafael WHEN RECORDED MAIL TO: Goldfarb & Lipman One Montgomery Street Telesis Tower, 23rd Floor San Francisco, CA 94104 ATTN: Lee C. Rosenthal (NOTE:CERTIFIED COPY OF CITY OF SAN RAFAEL RESOLUTION NO fA Lba V_vz2vl u0 N _* 10I 17 The undersigned declares: Documentary Transfer Tax not shown pursuant to Section 11932 of the Revenue and Taxation Code, as amended. 1I11 iil Ili i 11N 1 i{lii i I: i {lll ii lil 2Q)QS 1 -0146 / E:1E-112Y1�3 .uaieoy � V:,ar :n JAN C. THAYER Recorder 10932, ADOPTED 10/1/01, ATTACHED) MEMORANDUM OF LEASE ' Parcel Nos. This Memorandum of Lease ("Memorandum") is entered into as of the thirtieth day of September, 2001, by and between the CITY OF SAN RAFAEL ("Tenant"), a charter city, and SAN RAFAEL LAND COMPANY, LLC ("Landlord"), a California limited liability company, with respect to that certain Ground Lease (the "Lease") dated September 30, 2001 between Landlord and Tenant. Pursuant to the Lease, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the real property more particularly described in Attachment No. 1, attached hereto, which real property is located in the City of San Rafael, Marin County, California. The Lease is for a term commencing on October 1, 2001 and ending on December 31, 2051. This Memorandum is solely for recording purposes and shall not be construed to alter, modify, amend or supplement the Lease, of which this is a memorandum. ORIGINAL IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease by proper persons thereunto duly authorized as of the date first hereinabove written. ATTEST Ci Clerk JEANNE M. LEONCINI TENANT: CITY OF SAN RAFAEL, a charter city By: �-✓ Name: 6ERT 60 ,0 Title: Mavor LANDLORD: SAN RAFAEL LAND COMPANY, LLC, a California limited liability company By: A? 444v'� Name: Robert Dickson Title: Manager 2 STATE OF CALIFORNIA ) �,,,A - ) ss: COUNTY OF/ � a441L/ ) On . o3 C , 2001, before me, �o otary Public, personally appeared Robert Dickson, personally known to me or p#Ved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ------------ SANORA SPAFFORD Commission # 1177822 Z Notary Puolic - California ; Morin County My Comm. Expires Apr25, 2002 Notary Publ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Pia r i n On Nov. 9, 2001 Date ss. before me, Nancy Eurman, Notary Public Name and Title of Officer (e g , "Jane Doe, Notary Public") personally appeared Al bert J . Boro r NANCY EUR= COMM. 0 #1248--- a �e NOTARY PUBLIC-CALIFORNIA 0 4 MARIN COUNTY My Comm. Explres Feb. 4, 2004 Place Notary Seal Above Name(s) of Signer(s) ©(personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(sf whose name( *arc subscribed to the with' instrument and acknowledged to mdh0herf/tWir Qshe/they executed the same in authorized capacity(ies`-, and that by &i heVtheir signatures) on the instrument the person(s), or the entity upon behalf of which the persons} acted, executed the instrument. WITNESS my hand and official seal. /1 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Memorandum of Lease bet. CSR and San Rafael Land Company, LLC (re Corp Yard @ 2350 Kerner Blvd.) Document Date: Sept. 30, 2001 _ Number of Pages: Signer(s) Other Than Named Above: Robert Dickson, I'"a na q er San Rafael Land Company, LLC Capacity(ies) Claimed by Signer Signer's Name: Albert J . Boro _ ❑ Individual . Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator kX Other: f4d vor Signer Is Representing City of San Rafael © 1997 National Notary Association - 9350 De Soto Ave., P.O Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 ATTACHMENT 1 The land referred to in this Report is situated in the County of Marin, City of San Rafael, State of California, and is described as follows: BEGINNING at the most westerly corner of said Parcel (92-074816), also being the most northerly corner of Parcel 2 as shown on that certain map entitled, "Parcel Map of Lands of Morphew, et al, Recorder's Serial No. 83-08017, City of San Rafael, Marin County, California," filed in Volume 21 of Parcel Maps at Page 41, Marin County Records; thence along the common boundary of said Parcel (92-074816) and said Parcel 2, South 520 27' 18" East, 243.40 feet, to the northwesterly line of Morphew Street as shown on said Parcel Map; thence leaving said common boundary, North 370 32' 42" East, 29.52 feet; thence North 760 19' 10" East, 207.52 feet; thence North 130 40' 50" West, 426.42 feet, to the boundary of the Lands of the City of San Rafael, described in Recorder's Document Number 86-36790, Marin County Records, also being the boundary of said Parcel (92-074816); thence along said boundary the following courses and distances: westerly along a non -tangent curve to the right, whose center bears North 90 11' 24" West, having a radius of 240.00 feet through a central angle of 90 11' 24", an arc length of 38.49 feet; thence North 900 00' 001, West, 37.00 feet; thence southwesterly along a tangent curve to the left having a radius of 60.00 feet through a central angle fo 470 00' 0011, an arc length of 49.22 feet; thence South 430 00' 00" West, 30.00 feet' thence southwesterly along a tangent curve to the left having a radius of 100.00 feet through a central angle of 90 00' 0011, an arc length of 15.71 feet; thence South 341 00' 00" West, 53.00 feet; thence southwesterly along a tangent curve to the right having a radius of 200.00 feet through a central angle of 170 00' 0011, an arc length of 59.34 feet; thence South 510 00' 00" West, 94.00 feet; thence southerly along a tangent curve to the left having a radius of 40.00 feet through a central angle of 580 00' 0011, an arc length of 40.49 feet; thence South 71 00' 00" West, 56.00 feet; thence southerly along a tangent curve to the right having a radius of 60.00 feet through a central angle of 441 32' 4211, an arc length of 46.65 feet, to the point of beginning. CONTAINS 2.96 ACRES more or less. NOTE: It is anticipated that the use of this legal description will not be in violation of the Subdivision Map Act by reason of common ownership of contiguous land or otherwise and will not be used without the approval of City of San Rafael. Any use of this legal description prior to such approval or without satisfactory evidence of compliance with or non -violation of the Act, shall be deemed to be without the consent of OLD REPUBLIC TITLE COMPANY and/or its underwriters. A.P. No. 009-291-31 ORT 3157-C RESOLUTION NO. 10932 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO.10717 TO APPROVE AND AUTHORIZE THE MAYOR TO EXECUTE A REVISED GROUND LEASE WITH EAST SAN RAFAEL LAND COMPANY, LLC, FOR PROPERTY LOCATED AT 2350 KERNER BOULEVARD, FOR USE AS THE CITY'S CORPORATION YARD WHEREAS, Article III, Section 5, of the Charter of the City of San Rafael authorizes the City to lease property for the public benefit; and, Article III, Section 7, of the Charter of the City of San Rafael authorizes the City to establish and to maintain public buildings and public works; and, WHEREAS, the City, in conformance with its General Plan as amended by the Downtown Vision, has sold its current Corporation Yard so as to 1) remove it from the City's Downtown and; 2) encourage the redevelopment of the former PG&E site in the City's Downtown; and, WHEREAS, the City desires to enter into a long-term Ground Lease with East San Rafael Land Company, LLC, for a parcel of property at 2350 Kerner:B.oulevard:on which to construct its new Corporation Yard; and, WHEREAS, East San Rafael Land Company, LLC, desires to lease a portion of its land at 2350 Kerner Boulevard to the City for the purpose of constructing a new corporation yard; and, WHEREAS, the City Council, on October 2, 2000, adopted Resolution No. 10717, authorizing the Mayor to execute the Ground Lease; and WHEREAS, the parties desire to revise the original Ground Lease in the form as attached hereto. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Rafael hereby affirms and declares as follows: 1) That all of the facts recited above are true and correct; 2) That the City Council approves the revised Ground Lease with East San Rafael Land Company, LLC, a copy of which is attached hereto, for that parcel of land at 2350 Kerner Boulevard on which the City intends to construct its new Corporation Yard; and 3) That the Mayor is authorized to execute said revised Ground Lease, with any changes deemed necessary by legal counsel, with East San Rafael Land Company, LLC, and any other documents necessary to finalize said ground lease. )FMn17 all� �O I, JEANNE M. LEONCINI, 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 San Rafael City Council held on Monday, the I" day of October, 2001 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None .;t', JEANWIV. LEONCINT, City Clerk word\city clerk work\agenda related\reso-core yard 2 RESOLUTION NO. 10717 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING, AND AUTHORIZING THE MAYOR TO EXECUTE, A LEASE WITH EAST SAN RAFAEL LAND COMPANY, LLC, FOR PROPERTY LOCATED AT 2350 KERNER BOULEVARD, FOR USE AS THE CITY'S CORPORATION YARD WHEREAS, Article III, Section 5, of the Charter of the City of San Rafael authorizes the City to lease property for the public benefit; and, Article III, Section 7, of the Charter of the City of San Rafael authorizes the City to establish and to maintain public buildings and public works; and, WHEREAS, the City, in conformance with its General Plan as amended by the Downtown Vision, has sold its current Corporation Yard so as 1) to remove it from the City's Downtown and 2) to encourage the redevelopment of the former PG&E site in the City's Downtown; and, WHEREAS, the City desires to enter into a long -tern Lease with East San Rafael Land Company, LLC, for a parcel of property at 2350 Kerner Boulevard on which to construct its new Corporation Yard; and, WHEREAS, East San Rafael Land Company LLC desires to lease a portion of its land at 2350 Kerner Boulevard, to the City for the purpose of constricting a new corporation yard; and, WHEREAS, the City Council of the City of San Rafael hereby finds: 1) that the lease of this property for a new corporation yard will benefit the public, 2) that the lease of this property is consistent with the City's General Plan, 3) that the lease of this property is authorized by the City Charter, 4) that the lease of this property is necessary to the City's mission to provide public services to its citizens, and 5) that the lease of this property is an integral part of the Corporation Yard construction project which has already been reviewed and analyzed in conformance with the California Environmental Quality Act and has been granted a Mitigated Negative Declaration (Resolution #10613) on March 20, 2000; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby affirms and declares: 1) That all of the facts recited above are true and correct. 2) That the City Council approves the Lease with East San Rafael Land Company, LLC, a copy of which is attached hereto, for that parcel of land at 2350 Kerner Boulevard on which the City intends to construct its new Corporation Yard 3) That the Mayor is authorized to execute said Lease, with any changes deemed necessary by legal counsel, with East San Rafael Land Company, LLC and any other documents necessary to finalize said lease. rn1`q I, Jeanne M. Leoncini, 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 San Rafael City Council held on the 2nd day of October, 2000, by the following vote to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None JEA"NNE U LEONCM, City Clerk AVB 13V3VN NV5 U a 0 U) W a c3 >>a UZ o J�JOf LLI 0 �. (U) Ix 0) co tto o La L 0 O — mQ Q W p V 0000 � Lq0 �» �Q Z�WLW Z LEA WQ W It a�n Y U C, U N w O O PF'� diS �'`� G � I ?11 � r 1w a N Z O ry QP�M1tv�: 4\ O O 04