HomeMy WebLinkAboutCC Resolution 11271 (Annex 51 Montecito Rd.)RESOLUTION NO. 11271
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY AND IRWIN KRANTZ
REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF
REAL PROPERTY AT 51 MONTECITO ROAD, APN 016-041-72
AND THE ADJACENT VACANT PARCEL APN 016-041-73, TO
THE CITY OF SAN RAFAEL
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, Irwin Krantz is the owner of real property located at 51
Montecito Road and the adjacent vacant parcel; and
WHEREAS, Irwin Krantz applied to the San Rafael Sanitation District to
connect to the District Sewer Line; and
WHEREAS, the property APN 016-041-72 and 016-041-73 are 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. 02-22 and
WHEREAS, Irwin Krantz has agreed to these conditions as outlined in the
Agreement entitled "Agreement Regarding Future Proceedings for Annexation of Real
3 Property to the City of San Rafael".
0 I N AL
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 3rd day of March, 2003, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
J
JE k 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
Marin
JOHN C. THAYER
2003-0026853
3!13!2003 11:07as
REC FEE
TOTAL
NO FEE
00
TOTENDEREDMa
11:18AM 13 -Mar -2003 20030313080105
Wendy ASKSMW711
Thank You
Have A Nice Day
PUBLICted By:
PACE ABOVE THIS LINV FOR RECO R'S S
( Note: Certi fi ed copy of Resolution #11271, adopted y San Rafael City COL nci� 3/ A3, attached.:
AGREEMENT REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF
REAL PROPERTY TO THE CITY OF SAN RAFAEL
This Agreement is made and entered into this 20-h day of
Ft,b tA-LC IU , 2003, between the CITY OF SAN RAFAEL ("City") and IRWIN
W. KRANTZ ("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. 02-22 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.
DATED: Fe1j(UCu-L4 rQ, 2003
J
DATED: , 2003
ATTEST:
Jeanne Leoncini, City Clerk
OWNER:
rc, ' t�
IRWIN W. KRANTZ
CITY OF SAN RAFAEL
ALBERT BORO, Mayor
n
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
! ss.
County of (VI (vn
On Fbn vl.4 27 before me,E16 inL\J . Hn 1f-ath IVT ctc-ni f l,bi
ate t Name and Tt1,! of Officer (e g. Jane �ne, Notary Publlc'I__j
personally appeared I u) . Krat—L
Name(s) of Signer(s)
personally known to me
proved to me on the basis of satisfactory
evidence
ELAINE J. MALFATTI
Commission f 1365022
Notary Public - Calltomia
Marlin Cw*
Comm. EWWu Aug 7r 200d
I i
to be the person'' whose name)J is/4)%it-
subscribed to the within instrument and
acknowledged to me that heieihwtAay executed
the same in his/i'tmYthsir authorized
capacityZMsJ, and that by his7W/944*
signaturekon the instrument the persork, or
the entity upon behalf of which the person,�t
acted, executed the instrument.
WITNESS my hand and official seal.
aLz,��_J&
ignature of otary PutJlic
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.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
Corporate Officer — Title(s):
❑ Partner — ❑ Limited ' General
Attorney -in -Fact
Trustee
11 Guardian or Conservator
Other:
Signer Is Representing:
Number of Pages:
RIGHT THUMBPRINT
OF SIGNER
lop of thumb here
0 1999 National Notary Association - 9350 De Soto Ave., P 0 Box 2402 - Chatsworth. CA 91313.2402 - v v xnaironalnotaryorg Prod. No 5907 Reorder Call Tdl-Free 1.800.876-6827
March 20, 2002
Jay Hallberg
J.L. Engineering
1539 4` Street
San Rafael, CA 94901
Tel: (415)157-6647
Fax: (415)457-2517
ANNEXATION
Of
The Lands of Krantz
to the
San Rafael Sanitation District
Mapping No. 05/02
Exhibit "A"
Beginning at a point on the existing boundary of San Rafael Sanitation District of Marin
County, said point being the Northwest corner of Parcel B as shown on that certain parcel
map entitled "Parcel Map of Krantz Land Division" recorded August 4, 1978 in Book 15
of Parcel Maps at page 57, Marin County Records;
1. thence along said Sanitation District boundary and the property line of said Parcel
B N63021'40"E, 170.21';
2. thence N56°10'30"E, 91.34';
3. thence S09°55'00"E, 192.47;
4. thence S25°47'00"W, 75.00';
5. thence leaving said Parcel B along Parcel A of said Parcel Map S25°47'00"W,
98.08';
6. thence along a curve to the left whose center bears S34°13'00"E with a radius of
75.00', a length of 63.21' and a A angle of 4897';
7. thence S67°30'00"W, 40.0%
8. thence S81°13'44"W, 279.89';
9. thence NO3°51'00"W, 56.00';
10. thence N15°25'00"W, 63.50';
11. thence N75°47'00"E, 111.89%
12. thence N29°49'00"E, 89.00';
13. thence leaving said Parcel A along said Parcel B NO1°18'25"W, 115.83' to the
point of beginning.
Containing approximately 2.28 acres.
Note: See attached Plat.
SCALE, 1, _ 60,
-a SU'77mit ec`ik'0
Qa
rn A Ve hoc, eo
o Q
Subject Soc
0 Area \cam
VICINITY MAP - NOT TO SCALE
Line Table: Lot 4 8 RM 64 • a
Bearing Distance ( ) X561' o+
JL1 1 N51 -10'00'E 33.90' A.P. No. 016-041-31* op
g1 o�
,, (� +: d
L2 I S64 -13'00"E 18.18' •21, �p�E� 0�, of N
6 �
1p �-
* Indicates the Property is within �%' 110,21 �5'' U.
the San Rafael Sanitation District lop
+`
0) ; L1
** Indicates the Property is NOT within + P'0'B' K) ; �.-' +. O
the San Rafael Sanitation District m rc j _ O
N+"►� Parcel B ; o ' �+ :n
rn
D.N. 92-459Q5 (15 (15 PM 57) �� ? Q w; of o
A.P. No. 016-041-70* �-� = Ln
A.P. No. 016-041-72 0; o; �1
Z; 48544 sq. ft. = 1.11 acres o ; <" o;
O , +
+ o, o; +
+ o'
i� ; -Ji
>7,,,SF Off, L2 �,:�A.
°�.O Lands of Krantz
AP No.016-041-16* • Ck.. O
Q . D.N. 88-53679 -- 4;'��^, _ 'e-'(12 aPM126)
75'47'00"E _ �� N80'32'36"E J ,00,
�--N----'-'--- 113.35'
111.59
N o + o Parcel A �; 5f �i3O
a � O / � AP No•016-041-67**
+ 11 o t.liy�
m•,��irri (15 PM 57)
zicO A.P. No. 016-041-73 0, �Lot 2 (13 RM 78)
51176 sq.ft. = 1.17 acres rn;oo A.P. No. 016-041-62*
opo O �'
ao
o
�io II -J;[� II Ilitl
-u X1(0 Q
'`-) 279_89 4
Z -- ----------- ------------4•3Op�� a
W
S8113'44"WS6;
I Lot 1 (13 RM 78)
LEGEND A.P. No. 016-041-61* �1 0 $ C)�';:, "
J.L. Engineering
1539 4th St.
PARCEL TO BE ANNEXED — - - - - - — San Rafael, CA
NEW SAN RAFAEL SANITATION DISTRICT ;', 94901
(415) 457-6647
* rr Fax: (415) 457-2517
Q�i0FES5/CNA
No. 465 ' c
co : z
m
:m
m
03 ff 31 [[2004
EkPIRI_5
�l�TE FICAUF���\P
"Annexation of the Lands of Krantz
to the
San Rafael Sanitation District (LAFCO File #1220)"
Scale: 1" = 60' Approved by. Drawn by. KMT
Date: 03/19/02 J.L.H. Checked by: JLH
AP.No. 016-041-72 & 73 Mapping No. 05/02 Drawing No.02-042
Exhibit "B"
MARIN LOCAL AGENCY FORMATION COMMISSION
RESOLUTION NO. 02-22
RESOLUTION MAKING DETERMINATIONS AND APPROVING ANNEXATION
TO SAN RAFAEL SANITATION DISTRICT
WITH WAIVER OF NOTICE, HEARING AND ELECTION
"Annexation of the Lands of Krantz to the San Rafael Sanitation District (File 1220)"
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
owner; 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.
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 02-72 i-2- July 11, 2002
Proceedings for the annexation shall not be completed until the applicant and the City of
San Rafael execute and record 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 2.28 acres, is found to be uninhabited, and is
assigned the following distinctive short form designation: "Annexation of the Lands of
Krantz to San Rafael Sanitation District (File 1220)".
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 11th day of July, 2002 by the following vote:
AYES: Commissioners Blanchfield, Chapman, Heller, Murray, Rodoni, Rose and
Slavitz
NOES: None
ABSENT: Commissioner Kress
JEFFRY BLANCHFIELD, Chairperson
ATTEST:
PETER V. BANNING, Execulv officer