HomeMy WebLinkAboutCC Resolution 11663 (Purchase Defaulted Property by Open Space District)RESOLUTION NO. 11663
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL AUTHORIZING THE MAYOR AND THE CITY
CLERK TO EXECUTE AN AGREEMENT FOR THE
PURCHASE OF TAX DEFAULTED PROPERTY BY THE
MARIN COUNTY OPEN SPACE DISTRICT (APN 165-010-66)
WHEREAS, the County of Marin has agreed to sell to the Marin County Open Space
District a certain parcel of tax -defaulted property located in San Rafael, adjacent to the Terra
Linda/Sleepy Hollow Divide Open Space Preserve, as more particularly shown on the map attached
to Exhibit "A" of the purchase sale agreement; a copy of that agreement is attached hereto; and
WHEREAS, on September 28, 2004, the Marin Board of Supervisors and the Directors of
the Marin County Open Space District signed a purchase/sale agreement for this parcel, by which
the Marin County Open Space District agreed to pay $2,300.00 for the parcel and to hold the parcel
in trust for the benefit of the public; and
WHEREAS, pursuant to Revenue and Taxation Code section 3775, when the County sells
tax -defaulted property, the governing body of the City within which the tax -defaulted property
exists, must agree to the selling price of the parcel before the sale can be finalized.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby:
1) Agrees to the price of $2,300.00 for the sale by the County of Marin to the Marin
County Open Space District of a tax -defaulted property depicted in Exhibit "A" to
the purchase/sale agreement attached hereto.
2) Authorizes the Mayor and the City Clerk to execute approval of the purchase/sale
agreement.
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 15th day of November, 2004, by the following vote to wit:
AYES: Councilmembers : Cohen, Heller, Hiller and Mayor Boro
NOES: Councilnembers: r1one
ABSENT: Councilmembers: Phillips
JE M. LEON'011F, City Clerk
AGREEMENT TO PURCHASE TAX -DEFAULTED PROPERTY
This Agreement is made this 28 day of September, 2004. by and between the Board of Supervisors
of MARIN County, State of California, and MARIN COUNTY OPEN SPACE DISTRICT
("PURCHASER"), pursuant to the provisions of Division 1, Part 6, Chapter 8, of the Revenue and
Taxation Code.
The real property situated within said county, hereinafter set forth and described in this agreement is
tax -defaulted and is subject to the power of sale by the tax collector of said county for the
nonpayment of taxes, pursuant to provisions of law.
TERMS AND CONDITIONS
It is mutually agreed as follows:
1. That as provided by Section 3800 of the Revenue and Taxation Code, the cost of
giving notice of this agreement shall be paid by the PURCHASER, and
2. That the PURCHASER agrees to pay the sum of $2,300 for the real property described
in Exhibit "A" within 60 days after the date of this agreement becomes effective.
Upon payment of said sum to the tax collector, the tax collector shall execute and
deliver a deed conveying title to said property to PURCHASER.
That the PURCHASER agrees to use the parcel for public purpose under the following
intent:
For open space purposes.
APN: 165-010-66
If all or any portion of any individual parcel listed in Exhibit "A" is redeemed prior to the effective
date of this agreement, this agreement shall be null and void as to that individual parcel. This
agreement shall also become null and void and the right to redemption restored upon the
PURCHASER'S failure to comply with the terms and conditions of this agreement.
AGF -2 (SCO 8-13)
The undersigned hereby agree to the terms and conditions of this agreement and are duly authorized
to sign for said agencies.
ATTEST: PURCHASER
MARIN COUNTY OPEN SPACE DISTRICT
By.
Steve Kinsey, President
Marin County Open Space District
ATTEST:
Mark Riesenf d, InteriVSecrety
Marin County Open SpIce District
(Seal)
BOARD OF SUPERVISORS
COUNTY OF MARIN
By:
Steve Kinsey, President
Board of Supervisors
ATTEST:
VC14 -All
Clerk, Board oferviso I
(Seal)
Pursuant to the provisions of Section 3775 of the Revenue and Taxation code, the controller agrees
to the selling price hereinbefore set forth and pursuant to the provisions of Section 3795 approves
the foregoing agreement this day of ,
STEVE WESTLEY, CALIFORNIA STATE CONTROLLER
The undersigned hereby agree to the terms and conditions of this agreement and are duly authorized to
sign for said agencies.
Pursuant to the provisions of Section 3775 of the Revenue and Taxation Code, the governing body of the
City of SAN RAFAEL hereby agrees to the selling price as provided in this
agreement.
ATTEST: CITY OF SAN RAFAEL
By By 440r/
Jeanne . M on'�-iieputy City C1 erk Albert ; X �
(seal)
01/04 AGF -2 (SCO 8-13: (1 of 3))
EXHIBIT "A"
First Year Default Purchase
Description Delinquent Number Price
165-010-66 1996
1996-W1309 $ 2,300.00
THAT CERTAIN REAL PROPERTY SITUATE WTTIETI THE COUNTY OF MARIN,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
SAID PROPERTY IS DESCRIBED IN THE RECORDS OF THE COUNTY
ASSESSOR AS FOLLOWS:
TR OF LD BEG AT TIDE SW COR LOT 111, MAP "TWELVEOAK HILL UNIT 3"
(BK 12, PG 81), TH ALG SLY IN SD MAP N 84- E 166.81 FT, S 26' W 750 FT, N 63-
W 245.98 & N 350 E 670.59 FT TO BEG. PARCEL 165-010-66.