The URL can be used to link to this page

Home My WebLink AboutCC Resolution 12225 (Best Buy Grant)CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLUTION NO. 12225 RESOLUTION AUTHORIZING ACCEPTING GRANT DEED FOR PARCEL LOCATED AT DUBOIS STREET AT IRWIN STREET (BEST BUY) WHEREAS, the City is authorized to acquire property for public purposes pursuant to Article 3, Section 5 of the San Rafael Municipal Charter and to Government Code Sections 37350.5 and 40404; and WHEREAS, the City desires to acquire the property located in the City of San Rafael, County of Marin, shown in the attached map labeled Exhibit A (the " Property" ) for the potential future realignment of DuBois Street; and WHEREAS, On July 18, 2005 by Resolution No. 11808, the City Council of the City of San Rafael (the "City"), authorized City staff to enter into an Acquisition Agreement for the Property; and WHEREAS, the terms of the acquisition were described in the staff report prepared in connection with the consideration of Resolution No. 11808 and included allowing Best Buy a credit against the traffic mitigation fees that were required by the Environmental and Design Review Permit issued by the City for the development of the Best Buy store; and WHEREAS, an Acquisition Agreement by and among the City of San Rafael ("City"), Rudolph L. Tulipani and Donna Tulipani, as trustees of the Tulipani Family Trust, and Georgia A. Stapleton, as trustee of the Georgia A. Stapleton 1998 Family Trust (collectively "Owners"), CAJAN, LLC, a California limited liability company ("Lessee"), and Best Buy Stores, L.P., a Virginia limited partnership ("Best Buy") was executed on February 10, 2006; and WHEREAS, the Acquisition Agreement set the price at $40.00 per square foot for the Property and allowed the traffic mitigation fees due the City to be reduced by the value of the acquisition parcel and the fees paid by Best Buy for the design of the road realignment; and WHEREAS, the parties entered into the First Amendment to the Acquisition Agreement and the City of San Rafael and Best Buy entered into a Maintenance Agreement in March 2007; and WHEREAS, in accordance with the Acquisition Agreement, Best Buy has deposited funds into an escrow account for the purchase of the parcel as a credit to the traffic mitigation fees. NOW, THEREFORE, IT IS HEREBY RESOLVED as follows: That the City Council authorizes the City Manager to execute all agreements or documents necessary to complete the transaction including a Certificate of Acceptance for the Property. I, JEANNE M. LEONCINI, 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 held on the 2nd day of April, 2007, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE M. LEONCINI, City Clerk 4 RECORDING REQUESTED BY First American Title Company AND WHEN RECORDED MAIL TO: City of San Rtgfael r' r~ 1111901110 111111 v I III III III 11111 200 7---00C Oeae r t }oRpcor red T -r c-ia Recor'-l_ ;;,, y o; P Space Above This Line for Recorder's Use Only A.P.N.: 013-041-14 (Portion) File No.: 2103-2718206 (MD) GRANT DEED The Undersigned Grantor(s) Declare(s): DOCUMENTARY TRANSFER TAX $ - ; CITY TRANSFER TAX,, SURVEY MONUMENT FEE $ 32/ X , computed on the consideration or full value of property conveyed, OR computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, unincorporated area; [ X ] City of San Rafael, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RUDOLPH L. TULIPANI AND DONNA E. TULIPANI, TRUSTEES OF THE TULIPANI FAMILY TRUST, DATED JUNE 22, 1995, AS TO AN UNDIVIDED 1/2 INTEREST AND GEORGIA A. STAPLETON, AS TRUSTEE OF THE GEORGIA A. STAPLETON 1998 FAMILY TRUST UNDER DECLARATION OF TRUST DATED NOVEMBER 18, 1998, AS TO AN UNDIVIDED 1/2 INTEREST AND GEORGIA A. STAPLETON, WHO ACQUIRED TITLE AS GEORGIA A. TULIPANI hereby GRANTS to City of San Rafael the following described property in the City of San Rafael,, County of Marin, State of California: See Exhibit "A" attached hereto and made a part hereof Dated: 05/25/2007 THE TULIPANI FAMILY TRUST dated June 22, 1995 Rudolph L. Tuli ni, Trustee In Donna E. Tulipani,T,�ustee GEORGIA A. STAPLETON 1998 family Trust under Declaration of Trust dated November 18, 1998 Georg'a A. apleton, Tru ee lldmul_ LL` eorgza A. ,S apleton J lQ,? r/ UVn!C,/ C- by FAA) Ic 1jge?_ At4S Q-VT!PA) fs (2i4ep gt/te—M Atuo A.�rv&- A ? -- Mail Tax Statements To: SAME AS ABOVE A1(}. 16yZ90F. A.P.N.: 013-041-14 STATE OF Coto/o/0 v )SS COUNTY OF JO /T 00-1 ) Grant Deed - continued File No.:2103-2718206 (MD) Date: 05/25/2007 On J7 -;-9-o7 , before me, Notary Public, personally appeared I< POL._PW L T vt_tPiQfn l, T/'v � WAX L>JNivh' :: IV-IPAN Tilt 7Cr-, personally known to me (or proved 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. Signature My Commission Expires: /- Z5 .-7(-,// Notary Name: -7-02)6 L,41 Notary Registration Number: /-7-,57--1L)// This area for official notarial seal Notary Phone: 970 27W ZZ -/O County of Principal Place of Business: /f1\/ Page 2 of 2 FIRST AMERICAN TITLE INSURANCE COMPANY STATE OF CAL FORNIA-, } COUNTY OF ICUL' 0 } r��( �i C<<'l� On (/% � r � l-�` ,before me, �� iP�� a Notary Public in and for said State, personally ap eared personally known to me (or proved 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. Signature``—/�%/�.r'' (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged MARIE DANIELS COMM.# 1665046 rn N NOTARY PUBLIC -CALIFORNIA N MARIN COUNTY MY COMR. EXP. JUNE 5, 2010 EXHIBIT `A' City of San Rafael Dubois Street Property Conveyance All that real property situate in the City of San Rafael, County of Marin, State of California, being a portion of the Lands of Bergman as described in that certain deed recorded in Book 1332 of Official Records, at page 38 and as shown on the Record of Survey entitled "Survey of Lands of Bergman Manufacturing Co..." filed in Book 8 of surveys at page 34 Marin County Records and being more particularly described as follows: Beginning at a point in the northeasterly line of Dubois Street, said point is marked by a nail designated as "Point A" as shown and designated on the above mentioned Record of Survey;. thence from said Point of Beginning and along the northeasterly line of Dubois Street South 54" 41'00" East, 80.59 feet to the beginning of a curve to the right the tangent of which bears North 54' 41'00" East; thence leaving said Northeasterly line of Dubois Street in a Northwesterly direction along said curve, through a central angle of 07' 13' 13" an arc length of 59.48 feet; thence North 19' 54' 18" West, 3.72 feet; thence North 46' 28' 12" West, 9.71 feet; thence North 730 02'06" West, 3.72 feet to the beginning of a non -tangent curve to the right whose radius point bears North 44' 31" 25" East, 472.00 feet; thence along said curve through a central angle of 25' 58' 20" an are length of 213.96 feet to the beginning of a tangent curve to the left whose radius bears South 70' 29'43" West, 228.00 feet; thence along said through a central angle of 29' 10'28" an arc length of 116.10 feet; thence North 26' 45' 03" West, 7.81 feet to the east line of Irwin Street; thence along said east line of Irwin Street South 06' 30' 00" West, 22.11 feet to the intersection with the Northeasterly line of Dubois Street; thence along said Northeasterly line of Dubois Street South 260 19'00" East, 132.93 feet to the beginning of a non -tangent curve to the left whose center bears North 65' 19' 00" East, 356.25 feet; thence along said curve through a central angle of 30' 00'00" an arc length of 186.53 feet to the Point of Beginning. Containing 7,067 square feet, more or less. The Basis of Bearings for this description is the aforementioned Record of Survey Map. This description was compiled in the office of CSW/Stuber-Stroeh Engineering Group, Inc. from record mapping. No gaps nor gores are intended to be created where record information may be in conflict. (Portion of A.P.N. 013-041-014) Prepared by: - CSW/STUBER-STROEH ENGINEERING GROUP, INC. CO A4 0 LU 28897 rn rn Exp.3/31/09 C10. David A. Alden, R.C.E. #28897 Date ATF 0 (License Renewal 3/31/09) F C A\� File: 5.1149.01 Date: May 10, 2007 E \\VPMDESC15 t 1490105-10-07 wpd Page 1 of 2