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HomeMy WebLinkAboutCC Resolution 12370 (Lands of Forgan)RESOLUTION NO. 12370 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND JEFFREY AND NATHALIE FORGAN RE FUTURE PROCEEDINGS FOR ANNEXATION OF THE LANDS OF FORGAN AT 130 DEER PARK AVENUE, APN 016-041-02, TO THE CITY OF SAN RAFAEL BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, Jeffrey Forgan and Nathalie Forgan are the owners of real property located at 130 Deer Park Avenue, APN 016-041-02; and WHEREAS, Jeffrey Forgan and Nathalie Forgan applied to the San Rafael Sanitation District to connect to the District Sewer Line; and WHEREAS, the property APN 016-041-02 is not within the Sanitary District boundary and not within the City limits; and WHEREAS, in order to connect to the SRSD sewer line, it is necessary to ANNEX to the Sanitation District, which is subject to approval by the Marin Local Agency Formation Committee (LAFCO); and WHEREAS, LAFCO has approved the annexation subject to certain conditions as outlined in LAFCO Resolution No. 06-03; and WHEREAS, Jeffrey Forgan and Nathalie Forgan have agreed to these conditions as outlined in the Agreement entitled "Agreement Regarding Future Proceedings for Annexation of Real Property to the City of San Rafael". NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that the Mayor is authorized to sign this Agreement on behalf of the City of San Rafael, and the Public Works Director is directed to record such agreement with the County Recorder. 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 Council of said City on the 15th day of October, 2007, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None A4 JEANT� M. LEONCINI, City Clerk File No.: 02.02.15.01 IV �' '3f;CORDIIIVG I�EAt� + When recorded mail to: City of San Rafael Department of Public Works 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 Attention: Andrew J. Preston, Director 2007-00G 1 722 Recorded I REC FEE 0.00 Official Records I County of I Marin I JOAN C. THAYER I Assessor—Recorder I I I 02:14PM 24—Oct-2007 I Page 1 of 10 HECEIVE-L, QV 1. 2007 PUBLIC WORKS DEPT CITY OF SAN RAFAEL SPACE ABOVE THIS LINE FOR RECORDER'S USE AGREEMENT REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY TO THE CITY OF SAN RAFAEL This Agreement is made and entered into this .2 1 day of ScPi c= r�BF� , 2007, between the CITY OF SAN RAFAEL ("City") and JEFFREY,,FORGAN and NATHALIE FORGAN ("Owner") and is based upon the following facts and circumstances: (a) Owner holds fee title to that certain real property ("the Property") as more particularly described in Exhibit "A" attached hereto; (b) Owner has initiated proceedings to connect to the public sewer and has applied for and received conditional approval for annexation to San Rafael Sanitation District pending Owner's execution of this Agreement. Application for annexation to San Rafael Sanitation District would normally require concurrent annexation to the City of San Rafael unless waived or deferred; and (c) The City has agreed to defer annexation of the Owner's property on the conditions set forth hereinafter in this agreement, and consistent with the pertinent provisions of LAFCO Resolution No. 06-03 attached hereto as Exhibit "B" and incorporated. 1 Ogg C11 ► PI Ad -A L NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. Owner agrees on behalf of himself, his heirs, successors and assigns that in the event any future proceedings for annexation of Owner's property shall be initiated by the City, Owner shall neither directly nor indirectly oppose or protest such annexation. 2. Owner agrees that the obligations recited herein shall run with the Owner's property and that the property shall be held, conveyed, hypothecated, encumbered, leased, rented, used and occupied subject to the provisions of this Agreement and that the obligations undertaken by Owner hereunder shall be binding on all parties having or acquiring any right, title or interest in the property. OWNER: DATED: s- , 2007 J EFiGAN % Marin County *C*ffMEVWJMMMi DATED: -�3 , 2007 ATTEST: Je r Leoncini, City Clerk NATHALIE FbRJ CITY OF SAN RAFAEL B y A' BYRT BORO, Mlyor 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c� State of California ?j i ss. County of On : �LV2 , c -i. �� 2a'C' 7 before me, �L1 Date Name and Title of Officer (e.g,'Ane Doe. Notary Public- 1� personally appeared Je rpA `-1 rZ-IF,(-Argy A,,Jp NkTYAe,145 JEAN FEDOWV CAmn1ion #i 15E6439 Nolary Nlbrc - CaNfotrNo Made ca * &VCdnt 'hV PsJun 1o.24 Name(s) of Signer(s) iEF lly known to me to me on the basis of satisfactory 4 to be the perso (s)) whose nam`ti.�J' i are `? subscribed to th within instrument and acknowledged to me that he/sh the xecuted the same in his/he heir authorized capacit (es _ and that by his/he eir signature)son the instrument the person or the entity upon behalf of which the persor((s 3 acted, executed the instrument. WITNESS my hand and official seal. r ry / ignature E( otai 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. t� Description of Attached Document t{' /7-y C:')=!�C:')=+;I Title or Type of Document: i�GI:ec-n,,Fwr I c Number of Pages: , 'D Document Date: S gner(s) Other Than Named Above: Capacity(les) Claimed by Signer Signers Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator <<; ❑ Other: Signer Is Representing: 1 S 1999 Nal onal Notary Association - 9350 De Soto Ave., P.0 Boz 2402 - Chatsworth CA 91313-2402 - www.Naltonaholary.org Prod No. 5907 Top of thumb here Reorder: Call Toll Free 1.800.876.6827 ACKNOWLEDGMENT State of California County of MARIN On October 23, 2007 before me, Esther C. Beirne, Notary Public (here insert name and title of the officer) personally appeared Albert Boro 11 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s,CisIlare subscribed to the within instrument and acknowledged to me that/she/they executed the same in&/her/their authorized capacity(ies), and that by01 /her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ESTHER C. BE1RNE WITNESS my hand and official seal. COmmUMM I 1744402 Notary PubNc - California Matin County MvCtmrn. E+mirtJv� )A,ROI�� Signature' (Seal) EXHIBIT "A" FORGAN ANNEXATION TO SAN RAFAEL SANITATION DISTRICT Mapping No. BEGINNING at a point on the boundary of the San Rafael Sanitation District, said point being also the most southeasterly corner of the lands granted to Jeffrey Forgan and Nathalie Forgan in that certain Grant Deed recorded May 21, 1999 as, Document Number 1999-0039345; running thence from said POINT OF BEGINNING along said boundary of Forgan North 78° 40' West 255.9 feet to the easterly line of Deer Park Avenue; ; thence along the easterly line of Deer Park Avenue North 1° 41' East 100.0 feet; thence leaving Deer Park Avenue North 570 49' East 230.4 feet, more or less, to the southerly line of Summit Avenue; thence southeasterly along the southerly line of Summit Avenue on a curve with a radius of 333.0 feet the center of which bears North 44° 22' East through an angle of 90 32' an arc length of 54.91 feet; thence running South 55° 10' East 37.17' to the most northeasterly comer of Forgan; thence leaving said line of Summit Avenue and running South 51 14' West 217.7 feet, more or less, to the POINT OF BEGINNING. Containing approximately 1 acre. Date: C 7351.annex.doc 11/23/2005 EXHIBIT "B" MARIN LOCAL AGENCY FORMATION COMMISSION RESOLUTION NO. 06-03 RESOLUTION MAKING DETERMINATIONS AND APPROVING ANNEXATION TO SAN RAFAEL SANITATION DISTRICT WITH WAIVER OF NOTICE, HEARING AND ELECTION "Annexation of the Lands of Forgan to the San Rafael Sanitation District (File 1272)" WHEREAS, a proposal for the annexation of certain territory to the San Rafael Sanitation District in the County of Marin has been filed with the Executive Officer of this Local Agency Formation Commission pursuant to Title 5, Division 3, commencing with Section 56000 of the Government Code; and WHEREAS, said proposal was made in the form of a petition filed by the property owners; and WHEREAS, said petition was accompanied by written consent signed by all owners of land within the territory proposed to be annexed; and WHEREAS, pursuant to Government Code Section 56663, when a petition is accompanied by written consent signed by all owners of land within the territory proposed to be annexed, this Commission may make determination with respect to said annexation without notice and hearing; and WHEREAS, pursuant to Government Code Section 56663(c), the affected territory is uninhabited; all the owners of land within the affected territory have given their written consent; and the affected local agency that will gain territory, San Rafael Sanitation District, has consented in writing to a waiver of conducting authority proceedings, this Commission may make determination with respect to said application with waiver of conducting authority proceedings; and WHEREAS, the Executive Officer has reviewed the proposal and prepared a report, including a recommendation thereon, the proposal and report having been presented to and considered by this Commission. Resolution 06-03 -2- March 9, 2006 NOW THEREFORE, the Marin Local Agency Formation DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: Section 1. The boundaries, as set forth in the proposal, are hereby approved as submitted and are as described in Exhibit "A" and "B" attached hereto subject to the following condition: A. Approved map and legal description to be provided by the applicant. B. Proceedings for the annexation shall not be completed until the property owner and the City of San Rafael execute and record an agreement wherein: 1. The property owner agrees on behalf of himself, his heirs, successors and assigns that, in the event any future proceedings for the annexation of the property to the City of San Rafael shall be initiated by the City, the owner shall neither directly nor indirectly oppose or protest such annexation; and 2. That the owner agrees that his obligations under the agreement shall run with the property and that the property shall be held, conveyed, hypothecated, encumbered, leased, rented, used and occupied subject to the provisions of the agreement and that the obligations undertaken by the owner shall be binding on all parties having or acquiring any right, title, or interest in the property. Section 2. The territory includes 1.0 acre, is found to be uninhabited, and is assigned the following distinctive short form designation: "Annexation of the Lands of Forgan to San Rafael Sanitation District (File 1272)". Section 3. The proposal is consistent with the adopted sphere of influence for San Rafael Sanitation District. Section 4. The Executive Officer is hereby authorized to complete annexation proceedings in the manner prescribed by Section 57000 of the Government Code. Resolution 06-03 -3- March 9, 2006 PASSED AND ADOPTED by the Marin Local Agency Formation Commission on this 91h day of March, 2006 by the following vote: AYES: Commissioners Adams, Blanchfield, Heller, Rodoni and Slavitz NOES: None ABSENT: Commissioners Asbo and McGlashan JEFFRY BLANCHFIELD, Chairperson ATTEST: PETER V. BANNING, Exec. ' e Officer