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HomeMy WebLinkAboutCC Resolution 11828 (Third & C Parking Facility)RESOLUTION NO. 11828 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE RECEIPT OF A PARCEL OF REAL PROPERTY FROM THE SAN RAFAEL REDEVELOPMENT AGENCY FOR PUBLIC IMPROVEMENT ACTIVITIES RELATED TO OWNERSHIP AND MANAGEMENT OF A PARKING FACILITY, AND MAKING FINDINGS PURSUANT TO STATE LAW IN CONNECTION THEREWITH (PARKING GARAGE AT THIRD AND Q WHEREAS, the City Council (the "City Council) of the City of San Rafael (the "City") adopted the City of San Rafael City Redevelopment Plan (as amended, the "Redevelopment Plan") on November 20, 1972, by Ordinance No. 1079 affecting the Central San Rafael Redevelopment Project Area (the "Project Area"); and WHEREAS, the San Rafael Redevelopment Agency (the "Agency") is vested with responsibility pursuant to the Community Redevelopment Law (Part 1 of Division 24 of the Health and Safety Code of the State of California) (the "Law") to implement the Redevelopment Plan in the Project Area; and WHEREAS, pursuant to Section 33220 of the Law, the City is authorized to furnish and install public infrastructure to benefit the redevelopment of the Project Area; and WHEREAS, pursuant to Section 33445 of the Law, the Agency is authorized, with the consent of the City Council, to pay part or all of the cost of acquisition of land for and construction of buildings and facilities which are publicly owned and are of benefit to the Project Area; and WHEREAS, pursuant to Section 33220 of the Law, the City financed and constructed within the Project Area a community parking facility located on the Northeast corner of the intersection of Third Street and C Street (the "Parking Facility"). The Parking Facility is located on real property further described in the legal description attached as Exhibit A (the "Site"); and WHEREAS, the Site on which the Parking Structure was constructed was acquired by the Agency and is currently owned by the Agency; and WHEREAS, the Parking Facility benefits the Project Area by alleviating physical blighting conditions on the Site, remedying a lack of parking facilities in the Project Area, facilitating greater utilization of underutilized land in the vicinity of the Parking Facility, and serving City residents who will come to the area and use the Parking Facility, as further described in the staff report accompanying this Resolution and incorporated in this Resolution by this reference (the "Staff Report"); and WHEREAS, development of the Parking Structure on the Site is consistent with the Agency's Five -Year Implementation Plan; and ��N AL `��� WHEREAS, the City has already financed the construction of the Parking Structure and does not have additional funds that would permit it to also pay for the Site on which the Parking Structure is located. NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. The City Council finds that the above recitals are accurate and, together with the Staff Report, have served as an evidentiary basis for the findings and actions set forth in this Resolution. Section 2. In compliance with Section 33445 of the Law, the City Council hereby finds that (a) the ownership of the Site by the City is of benefit to the Project Area and the immediate neighborhood in which the Site and Parking Facility is located, and (b) the appropriation of funds and the making of the conveyance to transfer ownership of the Site to the City will assist in the elimination of one or more blighting conditions inside the Project Area, and is consistent with the Agency's Implementation Plan adopted pursuant to Section 33490 of the Law. These findings are based on facts and analysis in the Staff Report incorporated in this Resolution. Section 3. In compliance with Section 33445 of the Law, the City Council finds that there are no other reasonable means of financing available to the community for the acquisition cost of the Site. This finding is based on facts and analysis in the Staff Report incorporated in this Resolution. Section 4. The City Council hereby approves the acquisition of the Site by the City from the Agency for consideration of One Dollar (S1), and authorizes the City Manager or his designee to accept conveyance of the Site on behalf of the City. Section 5. This Resolution shall take immediate effect from and after its passage and approval. 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 City Council of said City held on the 6th day of September, 2005, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips ABSTAIN: COUNCILMEMBERS: JEA�Nt M. LEONCINI, City Clerk LEGAL DESCRIPTION PARKING GARAGE at 3r`' and C SAN RAFAEL A portion of Block 19, Official Plat of the Town of San Rafael, filed in Rack 1 of Maps at pull 4, Marin County Records, said portion being more particularly described as follows: Commencing at the northeast corner of the intersection of Third and C Streets; and running thence South 79°07'36" East, 149.89 feet (deed 150 feet) to the southwesterly corner of that certain real property described in the deed to First National Bank in San Rafael recorded February 6, 1945 in Book 480 of Official Records at page 60, Marin County Records; thence along the westerly line of said parcel (480 OR 60), North 10°52'24" East, 149.67 feet (deed Northerly 150 feet) to the northwesterly corner of said parcel (480 OR 60); thence along the northerly line of said parcel (480 OR 60), South 79°09'09" East, 54.62 feet (deed Easterly) to the TRUE POINT OF BEGINNING; thence parallel to the westerly line of B Street, South 10°52'01" West, 8.00 feet; thence South 79°07'59" East, 92.70 feet to the westerly line of B Street; thence along the westerly line of B Street, South 10°52'01" West, 53.69 feet to the southeast corner of that certain real property described in the deed to First National Bank in San Rafael, recorded January 2, 1957 in Book 1083 of Official Records at page 178, Marin County Records; thence along the southerly line of said parcel (1083 OR 178), North 79°07'59" West, 80.00 feet to the southwest corner of said parcel (1083 OR 178), said corner also being a point on the easterly line of the previously mentioned First National Bank parcel (480 OR 36); thence along the easterly line of said parcel (480 OR 36), South 10°52'01" West, 87.99 feet to the southeast corner of said parcel (480 OR 36), said corner being on the northerly line of Third Street; thence along the northerly line of Third Street, North 79°07'36" West, 217.22 feet to the easterly line of C Street; thence along the easterly line of C Street, North 10'53'16" East, 174.66 feet; thence South 79°06'44" East, 80.00 feet; Page 1 of 2 0 R � IrdAL thence parallel to the easterly line of C Street, South 10°50'51" West, 24.96 feet; thence South 79°06'44" East, 69.83 feet; thence South 79°09'09" East, 54.62 feet to THE TRUE POINT OF BEGINNING. Bearings and distances based on unrecorded survey by I. L. Schwartz and associates dated Feb. 07, 2001, job no. 7213, file 7213ALTA.dwg Prepared by CSW/Stuber-Stroeh Engineering Group, Inc. Ronald B. Simpkins, L.S. No. 3201, Exp. 6/30/06 Date: 7/12/05 File: 4.660.08-B Checked by: Ron S 4 660 08-B San Rafal Garage wpd Page 2 of 2 RECORDING REQUE' -D BY California Land Title of Marin WHEN RECORDED MAIL TO, AND UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: Name City of San Rafael Redevelopment Agency Street 1400 Fifth Avenue Address city-state San Rafael, Calif 94901 Zip Recorded O; ficial "Record: Lounty Of Marin JOAN C. THAYER Recorder 08:13AN E8 -Nov -2005 REC FEE REC FEE 100 om Fuge 1 of 6 order No. 00261035 -JB Racn1111-i nn 9nn,--;-99 ;4dop'! ed by --the a pa /6/05 PACE ABOVE THIS LINE FOR . ECORDER' USE GRANT DEED THE UNDERSIGNED GRANTOR(s) DECLARE(s) Documentary Transfer Tax is $ 0.00 Parcel No. 11-255-07,10,13-15,18,29,31,33 ❑ computed on full value of interest or property conveyed, or Tax Code Area: 8-023 ❑ full value less value of liens or encumbrances remaining at the time of sale FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, San Rafael Redevelopment Agency, a public body corporate and politic hereby GRANT(s) to City of San Rafael, a municipal corporation the following real property in the City of San Rafael, County of Marin, State of California: See Exhibit A attached hereto and made a part hereof. Dated: September 12. 2005 STATE OF CALIFORNIA COUNTY OF MARIN On before me, the undersigned, a Notary Public in and for said County and State, personally appeared 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 Name h) r 1 1_ I t -, }ss San Rafael Redevelopment Agency BY: u_ EXECUTIVE DIRECTOR, ROD GOULD M Street Address City & State CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof Marin ss' On ^lovember 16, 2005 before me, Esther Colette Bei rne, i.;atary Public Date Name and Title of Officer (e.g., 'Jana Doe, Notary Publicl personally appeared Rod Gould Name(s) of Signer(s) )CI personally known to me ❑ proved to me on the basis of satisfactory evidence ESTHER COLETTE BEIRNE Commission # 1423444 ZQMy Notary Public - California ZMarin County Comm. Expires Jun 10, 2007 to be the person.(4 whose name(s) is/are- subscribed s/armsubscribed to the within instrument and acknowledged to me that he/she*� executed the same in his/hadthil authorized capacity(ies), and that by his/hadtheir signature(M on the instrument the person(&), or the entity upon behalf of which the person(o acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required bylaw, 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: Grant Deed re Parki ng Garage at Thi rd and C Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Rod Gould ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Number of Pages: Signer Is Representing: San Rafael Redevelopment Agency lWelffiffiR :119111111 Top of thumb here 0 1999 National Notary Association - 9350 De Sato Ave., P.O. Box 2402 - Chatsworth. CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-600-676-6627 CERTIFICATE OF ACCEPTANCE PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 27281 This is to certify that the interest in real property that the San Rafael Redevelopment Agency, a public body corporate and politic, is conveying by the Grant Deed to which this certificate is attached is hereby accepted by the undersigned authorized official or officer on behalf of the City of San Rafael, a charter city, pursuant to authority conferred by the City Council of the City, which consents to the recordation of said document in the Office of the Recorder of Marin County, State of California. IN WITNESS WHEREOF, City of San Rafael has executed this Certificate of Acceptance by its duly authorized officer this sixth day of September, 2005. GRANTEE: CITY OF SAN RAFAEL By ROD GOULD City Manager ATTEST: I r� �E�iA y NE 1111. LE NCINI Ciry Clerk ESCROW NO. 261035 JB ALL THAT CERTAIN real property situate in the City of San Rafael, County of Marin, State of California, described below as follows: PARCEL ONE: BEGINNING at a point on the Northerly line of 3rd Street, distant Easterly thereon 75 feet from the Easterly line of C Street; thence Easterly along said Northerly line of 3`d Street, 60 feet; thence Northerly at right angles, 100 feet; thence Westerly parallel with the Northerly line of 3 d Street, 60 feet; thence Southerly at right angles, 100 feet to the point of beginning. PARCEL TWO: BEGINNING at a point on the Easterly line of "C" Street, distant thereon 65 feet Northerly from the point of intersection of the Easterly line of "C" Street with the Northerly line of Third Street; and running thence Easterly at right angles to said line of "C" Street 75 feet; thence at right angles Northerly and parallel with "C" Street, 35 feet; thence at right angles Westerly 75 feet to the Easterly line of "C" Street; thence Southerly along the Easterly line of "C" Street, 35 feet to the point of beginning. PARCEL THREE: BEGINNING at a point on the Easterly line of "C" Street, distant 100 feet Northerly from the Northerly line of Third Street; thence Northerly along the Easterly line of "C" Street, 33 feet to the Southwesterly corner of the parcel granted to Louis Mezzera, et ux, by Deed recorded March 30, 1946 in Book 516 of Official Records at page 116; thence leaving said Easterly line, at a right angle along the Southerly line of the Mezzera parcel, 135 feet; thence at a right angle Southerly, 33 feet; thence at a right angle Westerly, 135 feet to the point of beginning. BEING a portion of Block 19, Official Plat of the Town of San Rafael, filed in Rack 1 of Maps at Pull 4, Marin County Records. PARCEL FOUR: BEING a portion of Lot 7 in Block 19, Map of the Townsite of the Town of San Rafael, described as follows: BEGINNING at the Southwesterly corner of said Lot, which point is the Northeasterly corner of "C" and Third Streets; thence along the Northerly line of Third Street, 75 feet; thence Northerly parallel to the Easterly line of "C" Street, 30 feet; thence Westerly parallel to the Northerly line of Third Street, 75 feet, to the Easterly line of "C" Street; thence Southerly along said Easterly line, 30 feet to the point of beginning. PARCEL FIVE: BEGINNING at a point in the Easterly line of "C" Street, 30 feet Northerly from the intersection thereof with the Northerly line of Third Street; thence Easterly parallel with Third Street, 75 feet; thence Northerly parallel with "C" Street, 35 feet; thence Westerly parallel with Third Street, 75 feet; thence Southerly along the Easterly line of "C" Street, 35 feet to the point of beginning. BEING the Southerly 35 feet of the Northerly 40 feet, front and rear of Lot 7 in Block 19 of the Townsite of the Town of San Rafael, Map filed October 14, 1873 in Marin County Records. PARCEL SIX: BEING a portion of that certain real property described in the Deed from Salvador A. Pacheco, et ux to R. H. Warden, dated February 24, 1920 and recorded February 26, 1920 in Book 212 of Deeds, at Page 179, Marin County Records described as follows: BEGINNING at a point on the North line of Third Street, being the Southwesterly corner of the above referred to property (212 dds 179) said point being distant 134.89 feet (135.00 feet in the Deed to the San Rafael Redevelopment Agency Book 3212 OR 152) measured from the Easterly line of "C" Street; thence leaving Third Street and running along the Westerly line of the above referred to property (212 dds 179) North 100 52' 24" East 149.67 feet (called Southerly 150 feet in 212 dds 179); thence South 790 06'44" East 15.00 feet to a point on the Easterly line of the above referred to property ( 212 dds 179 ); thence running Southerly along the Easterly line of said property South 100 52'24" West 149.67 feet (called Northerly 150 feet in 212 dds 179) to the Northerly line of Third Street and thence running Westerly along the Northerly line of Third Street 15.00 feet to the point of beginning. PARCEL SEVEN: BEING a portion of that certain real property described in the Deeds to the First National Bank in San Rafael recorded February 6, 1945 on Book 480 Of Official Records, at Page 36, Marin County Records ( 480 OR 36 ), January 31, 1958 in Book 1169 of Official Records, at Page 60, Marin County Records ( 1169 OR 60 ) and all that certain real property described in the Deed to First National Bank in San Rafael recorded January 2, 1957 in Book 1083 of Official Records, at Page 178, Marin County Records ( 1083 OR 178 ). BEGINNING at a point on the North Line of Third Street, being the Southwesterly corner of the property above referred to ( 480 OR 36 ), said point being distant 149.89 feet ( 150 feet in 480 OR 36 ) measured from the Northeast corner of the intersection of Third and C Streets; thence running Northerly along the Westerly line of ( 480 OR 36 ), North 10 ° 52'24" East 149.67 feet ( called Northerly 150 feet 480 OR 36 ) to the Northwest corner of ( 480 OR 36 ); thence Easterly along said Northerly line South 790 09' 09" East, 54.62 feet ( called Easterly 480 OR 36 ); thence leaving said line and running parallel to the Westerly line of B Street, South 10°52' 01" West 8.00 feet; thence South 79007'59" East 92.95 feet to the Westerly line of B Street; thence Southerly along said Westerly line 53.69 feet to the Southeast corner of ( 1083 OR 178 ); thence leaving the Westerly line of B Street and running along the Southerly line of ( 1083 OR 178 ) ; North 790 07'59" West 80 feet to the Southwest corner of ( 1083 OR 178 ) and the Easterly line of ( 480 OR 36 ); thence running Southerly along the Easterly line, South 100 52'01" West , 88 feet to the Southeast corner of ( 480 OR 36 ) and the Northerly line of Third Street; thence running Westerly along said Northerly line North 79°07' 36" West 66.81 feet ( called Westerly 70.3 feet 480 OR 36 ) to the point of beginning. PARCEL EIGHT: PORTION of Block 19, as shown upon that certain Map entitled "Plat of the Town Site of the Town of San Rafael in the County of Marin, State of California", filed for record October 14, 1873 in Rack 1 of Maps, at Pull 4, Marin County Records, described as follows: BEGINNING at a point in the Easterly line of "C" Street distant 133.00 feet, measured along the Easterly line of "C" Street, Northerly from the intersection of the said Easterly line of "C" Street and the Northerly line of Third Street, as said streets are shown upon that certain Map entitled "Plat of the Town Site of the Town of San Rafael in the County of Marin, State of California", filed for record October 14, 1873 in Rack 1 of Maps, at Pull 4, Marin County Records; thence running from said point of beginning along the Easterly line of said "C" Street, Northerly 42.00 feet; thence at a right angle Easterly, 80.00 feet; thence at a right angle Southerly and parallel with the Easterly line of "C" Street, 25.00 feet; thence at a right angle Easterly 55.00 feet; thence at a right angle Southerly and parallel with the Easterly line of "C" Street, 17.00 feet; thence at a right angle Westerly 135.00 feet to the point of beginning.