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HomeMy WebLinkAboutCC Resolution 11494 (365 Margarita Dr.)RESOLUTION NO. 114104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND E. SCOTT PATTON REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY AT 365 MARGARITA DRIVE, APN 016-011-02 AND 016-011-16, TO THE CITY OF SAN RAFAEL BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, E. Scott Patton is the owner of real property located at 365 Margarita Drive, APN 016-011-02 and 016-011-16; and WHEREAS, E. Scott Patton applied to the San Rafael Sanitation District to connect to the District Sewer Line; and WHEREAS, the property APN 016-011-02 and 016-011-16 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. 03-21; and WHEREAS, E. Scott Patton has 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 2°a day of February, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None -rt,u.c.. A. C�abr-x- JE M. LEONCINI, City Clerk File No.: 02.02.15 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: David Bernardi, Director County Of Harin JOAN C. THAYER 200 11970 2/17/2M 12:15pe REC TOTAL. .00 NO FEE .00 TOTAL TENDERED . N DOM .00 01:WN 17-Fe1r21184 M@2170WA jn AMRHMP711 Thank You Have A Nice Day ;Z1Cted By: SPACE ABOVE THIS LINE FOR RECORDER'S USE (NOTE: Certified copy of Resolution #11494, adopted by San Rafael City Council 2/2/04, attached AGREEMENT REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY TO THE CITY OF SAN RAFAEL (Annexation of the Lands of Patton to the San Rafael Sanitation District) This Agreement is made and entered into this At— day of 3FQQ1tZ04, 200-3 between the CITY OF SAN RAFAEL ("City") and E, SCOTT PATTON ("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) As a result of the filing of a Petition seeking annexation of the subject property to the San Rafael Sanitation District, the Marin Local Agency Formation Commission has conducted proceedings and approved the request annexation, pursuant to its Resolution No. 03-21 adopted on November 13, 2003, application for such annexation to the 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. 03-21 attached hereto as Exhibit "B" and incorporated. 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: Sent By: MARIN LAFCO; 4154464410; Dec -1-03 11:00AM; Page 2/3 EXHIBIT "A" ANNEXATION OF THE LANDS OF PATTON TO SAN RAFAEL SANITATION DISTRICT LAFCO FILE NO. 1248 MAPPING NO. 8/03 BEGINNING AT a point being the most southerly comer of the land described in deed to E. Scott Patton and Barbara F. Patton recorded as Document No. 2002-0060199, Marin County Records and also being an angle point on the northerly right-of-way line of Highland Avenue; 1. Thence, westerly along the northerly right-of-way line of Highland Avenue North 76"37' 16" West, 95.71 feet; 2. Thence, leaving said northerly night -Df -way line of Highland Avenue, North 53°55'00" West, 65.19 feet; 3. Thence, North 38°3'30" East, 60-38 feet to the existing boundary of the San Rafael Sanitation District; 4_ Thence, along the boundary of the Sanitation District North 85"25'38" East, 85.62 feet; 5. Thence, North 28°21'00" East, 110.00 feet; 6. Thence, North 61°39'00" West, 25.00 feet; 7. Thence, North 28°21'00" East, 120.00 feet; 8. Thence, North 45°08'00" West, 14.78 feet; to the southerly right-of-way line of Margarita Drive; 9. Thence, along the 'southerly right-of-way line of Margarita Drive North 41°20'00" East, 63.20 feet; 10. Thence, South 69°38'00" East, 98.88 feet; 1 l . Thence, South 42°21'00" East, 26.54 feet; 12. "Thence, leaving said Sanitation District boundary and the southerly right-of-way line of Margarita Drive South 28°21'00" West, 283.85 feet; 13. Thence, North 81 "2'00" West, 24.38 feet; 14. Thence, South 28°21'05" West, 98.91 feet to the POINT OF BEGINNING, containing 1.12 acres, more or less. Prepared hy: [LS ASSOCIATES, INC. Xng L. X- wartz, C.E. 4SWESSi y "Ols S , , Fye COD W t No. 18221 ` ' m Exp. 6-30-05 F CIVIL OF CAlli 11/03/2003 N: IL:SMCORRESPO.JOB120031743811 cRailkzrcription-110303. doe EXHIBIT "B" MARIN LOCAL AGENCY FORMATION COMMISSION RESOLUTION NO. 03-21 RESOLUTION MAKING DETERMINATIONS AND APPROVING ANNEXATION TO SAN RAFAEL SANITATION DISTRICT WITH WAIVER OF NOTICE, HEARING AND ELECTION "Annexation of the Lands of Patton to the San Rafael Sanitation District (File 1248)" 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 Goverrunent 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. 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: Resolution 03-21 -2- November 13, 2003 Proceedings for the annexation shall not be completed until the applicant and the City of San Rafael execute an agreement wherein: a. 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 b. 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 1.12 acres, is found to be uninhabited, and is assigned the following distinctive short form designation: "Annexation of the Lands of Patton to San Rafael Sanitation District (File 1248)". 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 reorganization proceedings in the manner prescribed by Section 57000 of the Government Code. PASSED AND ADOPTED by the Marin Local Agency Formation Commission on this 13th day of November, 2003 by the following vote: AYES: Commissioners Adams, Blanchfield, Chapman, Heller, Rodoni, Rose and Slavitz NOES: None ABSENT: None JEFFRY BLANCHFIELD, Chairperson ATTEST: 4- PETER V. BANNING, E cutive Officer gent By: MARIN LAFCO; 4154464410; Dec -1-0q 11:00AM; Page 2/3 EXHIBIT "A" ANNEXATION OF THE LANDS OF PATTON TO SAN RAFAEL SANITATION DISTRICT LAFCO FILE NO. 1248 MAPPING NO. 8/03 BEGINNING AT a point being the most southerly comer of the land described in deed to E. Scott Patton and Barbara F. Patton recorded as Document No. 2002-0060199, Marin County Records and also being an angle point on the northerly right-of-way line of Highland Avenue; 1. Thence, westerly along the northerly right-of-way line of Highland Avenue North 76"3T1 6" West, 95.71 feet; 2. Thence, leaving said northerly right-of-way line of Highland Avenue, North 53°55'00" West, 65.19 feet; 3. Thence, North 38°3'30" East, 60.38 feet to the existing boundary of the San Rafael Sanitation District; 4. 'Thence, along the boundary of the Sanitation District North 85"25'38" East, 85.62 feet; 5. Thence, North 28°21'00" East, 110.00 feet; 6. Thence, North 61°39'00" West, 25.00 feet; 7. Thence, North 28°21'00" East, 120.00 feet; 8. Thence, North 45°08'00" West, 14.78 feet; to the southerly right-of-way line of Margarita Drive; 9. Thence, along the southerly right-of-way line of Margarita Drive North 41°20'00" East, 63.20 feet; 10. Thence, South 69°38'00" East, 98.88 feet; l l . Thence, South 42°21'00" East, 26.54 feet; 12. Thence, leaving said Sanitation District boundary and the southerly right-of-way line of Margarita Drive South 28°21'00" Wcst, 283.85 feet; 13. Thence, North 81"2'00" West, 24.38 feet; 14. Thence, South 28°21'05" West, 98.91 feet to the POINT OF BEGINNING, containing 1.12 acres, more or less. Prepared by ILS ASSOCIATES, INC. fel Ing L- Swartz, C.E. , 11/03/2003 v.• 1GEN1CORRESPO. JOB1200317e3.Y1 hynllkscriptlon-110303 doc QSUfESSIO, lilS SO , No. 18221 Exp. 6-30-05 crvn F0F CAUF Client#: 160 GROUNARC CERTIFICA' ]OF LIABILITY INSUF DATE (M ACORD. .NCE I PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 12675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland, CA 94604-2675 510 465-3090 INSURERS AFFORDING COVERAGE INSURED INSURER A: Hartford Casualty Insurance Co. Group 4 Architecture INSURER B:American Automobile Ins. Co. Research + Planning, Inc. INSURER c:Security Ins. Co. of Hartford 301 Linden Avenue I INSURER D: South San Francisco, CA 94080 I I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER LTR POLICYEFFECTIVE POLICY EXPIRATION DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS A GENERAL LIABILITY 57SBALT2278 07/18/03 07/18. EACH OCCURRENCE I$2,000.000 X COMMERCIAL GEN ERALLIABIL ITY IFIRE DAMAGE (Anyone fire $1,000,000 IC1 AIMS MADEF OCCUR I MED EXP (Anyone person) $10.000 (PERSONAL &ADV INJURY $2,000,000 _ I GENERAL AGGREGATE $4,000,000 _ GEN'LAGGREGATE LIMIT APPLIES PER: (PRODUCTS-COMP/OPAGG $4,000,000 X1 POLICYn PFoT n LOC A AU-OMOBILE LIABILITY 57SBALT2278 07/18/03 07/18/04 COMBINED SINGLE LIMIT $21000,000 ANYAUTO (Eaaccldent) ALL OWNED AUTOS — BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Peraccldent) — PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENTI $ ANY AUTO OTHER THAN EA ACC 1$ AUTO ONLY: AGG 1$ EXCESS LIABILITY EACH OCCURRENCE Is OCCUR CLAIMS MADE I AGGREGATE Is Is DEDUCTIBLE I Is RETENTION $ Is B WORKERS COMPENSATION AND WZP80915442 07/01/03 07/01/04 THi X WCSTATUc1 JOPR EMPLOYERS' LIABILITY E.L. Er,CH ACCIDENT 1$1,000,000 IE.L.DISEASE-EAEMPLOYE $1,000,000 E.L. DISEASE-POLICYLIMI $1,000,000 C OTHER Professional AEE0232481 07/12/04 07/12/04 $2,000,000 per claim Liability $2,000,000 anni aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional f services. Re: Pickleweed Community Center Renovation, Library and Gymnasium Project The Ciyt of San Rafael, its officers, agents and employees are named as (See Attached Descriptions) CERTIFICATE HOLDER I I ADDmONALINSURED;INSURER LETTER- CANCELLATION City of San Rafael 4 Attn: Mr. Andrew J. Preston 111 Morphew Street P.O. Box 151560 San Rafael, CA 94915-1560 ACORD 25-S (7/97)1 of 2 #M89187 SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATETHEREOF,THE ISSUING INSURER WILLENDEAVORTO MAIL30—DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDER NAMED TO THE LEFT, BUTFAILURE TODOSOSHALL IMPOSE NO OB LIGATION OR LIABILITY OF ANYKIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE JXL © ACORD CORPORATION 1988 DES APTIONS (Continued from I ge 1) additional Insureds as respects general and auto liability for claims arising from the operations of the named Insured, per policy form wording. AMS 25.3 (07/97) 2 of 2 #M89187