HomeMy WebLinkAboutCC Resolution 11345 (Gold Hill Grade Permanent Open Space)RESOLUTION NO. 11345
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL 1) APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
MARIN COUNTY OPEN SPACE DISTRICT FOR THE PURPOSE OF
GRANTING TO SAID DISTRICT A CONSERVATION EASEMENT
OVER 26 ACRES ON GOLD HILL GRADE FOR PERMANENT OPEN
SPACE IN EXCHANGE FOR DISTRICT CONTRIBUTION OF FUNDS
TOWARD THE PURCHASE OF SAID PROPERTY, AND 2) APPROVING
AND AUTHORIZING THE MAYOR TO EXECUTE A CONSERVATION
EASEMENT OVER 26 ACRES ON GOLD HILL GRADE FOR
PERMANENT OPEN SPACE.
WHEREAS, Golden Forest, LLC and Dominican Property Company, LLC
("SELLERS" herein), the owners of two parcels of land totaling 26 acres on Gold Hill Grade
APN# 015-250-28 and #015-250-55 ("PROPERTY" herein), desire to sell PROPERTY to the
City of San Rafael ("CITY" herein) to be held and used by the CITY solely for open space
purposes; and
WHEREAS, PROPERTY is located in a hillside area of the CITY and is surrounded on
three sides by CITY's Barbier Memorial Park; and
WHEREAS, the PROPERTY has been appraised in an MAI appraisal report as having
a market value of $1,400,000.00; and
WHEREAS, SELLERS are ready, willing and able to grant PROPERTY to CITY for
$690,000.00, free of all encumbrances except for a pipeline easement, a roadway easement and
an access easement across the property benefiting adjacent privately owned parcels of land; and
WHEREAS, CITY has funds available for this purchase in its 1972 Open Space Land
Acquisition Bond Fund, which fimds can only be expended for the purchase of open space lands
within the CITY; and
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WHEREAS, the Marin County Open Space District ("MCOSD" herein) has agreed to
contribute $95,000.00 toward the purchase of PROPERTY in exchange for the CITY's grant to
MCOSD of a conservation easement over PROPERTY guaranteeing that PROPERTY will
remain permanently as open space; and
WHEREAS, a group of San Rafael residents have formed the Save Gold Hill Committee
("SGHC" herein) and have raised over $105,000.00 to contribute toward the purchase of
PROPERTY; and
WHEREAS, as a result of the contributions of MCOSD and SGHC, the CITY's portion
of the purchase price will not exceed $490,000.00.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES RESOLVE AS FOLLOWS:
1. The Council hereby approves a Memorandum of Understanding, a copy of which
is attached and incorporated herein, with the Marin County Open Space District by which the
City will grant MCOSD a conservation easement over 26 acres on Gold Hill Grade (APN#015-
250-28; #015-250-55) for the purpose of preserving said land as open space in return for
MCOSD's contribution of $95,000.00 toward the CITY's purchase of said PROPERTY, and
authorizes the Mayor to execute said agreement.
2. On condition that MCOSD deposit $95,000.00 into escrow for the CITY's
purchase of the said 26 acres on Gold Hill Grade, the Council hereby approves a grant to
MCOSD of a conservation easement over said PROPERTY for the purpose of preserving said
land as open space, and authorizes the Mayor to execute said easement.
3. The Council hereby finds that this action is a project which will not have any
significant effect on the environment (CEQA Guidelines §15061(b)(3)) and is categorically
exempt from review under the provisions of the California Environmental Quality Act (CEQA
Guidelines §15317).
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 16th day of June, 2003, by the following vote to wit:
AYES: Councilmembers: Heller, Miller, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: Cohen
JEALEONCINI, City Clerk
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AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE
MARIN COUNTY OPEN SPACE DISTRICT FOR THE GRANT OF AN
EASEMENT OVER 26.102 ACRES OF LAND ON GOLD HILL GRADE
IN EXCHANGE FOR .PAYMENT TO CITY OF FUNDS TO BE USED
TOWARD THE PURCHASE OF SAID PROPERTY.
This Memorandum of Understanding, entered into this --Z'/ day of June 2003, is by and
between the Marin County Open Space District (MCOSD"), a special district, and the City of
San Rafael ("CITY"), a municipal corporation chartered and existing under the Constitution and
laws of the State of California.
Article I. Background and Purpose
A. THE PROPERTY.
The DISTRICT and the CITY desire to preserve 26.102 acres of land located on Gold
Hill Grade in the City of San Rafael (the "PROPERTY"), described as Marin County
Assessor's Parcels No. 015-250-28 and No. 015-250-55, for open space purposes. The
PROPERTY adjoins the CITY's Barbier Memorial Park on the south side of San Pedro Ridge.
The MCOSD's San Pedro Ridge Open Space Preserve adjoins Barbier Memorial Park to the
north.
B. THE PRICE.
The CITY has entered, or soon will enter, into an agreement with the owner of the
PROPERTY to purchase the PROPERTY for $690,000, a price that is substantially below the
PROPERTY's fair market value as determined by an MAI (Member, Appraisal Institute). At
the close of escrow, the PROPERTY will be conveyed by the owners to the CITY by grant
deed similar in form to Exhibit "A," attached.
C. THE AGREEMENT.
The MCOSD desires to obtain from CITY a conservation easement over the property in
return for which, MCOSD will support and financially contribute to the CITY's purchase of the
PROPERTY given the many public benefits that would result from its preservation as public
open space. The MCOSD has reviewed the Appraisal and finds that it meets the standards
necessary for the MCOSD to provide a financial contribution toward the purchase of the
PROPERTY.
Article II. Statements of Understanding
A. MCOSD'S DUTY.
The MCOSD agrees to provide the sum of $95,000.00 toward the CITY's purchase of
the PROPERTY. MCOSD shall deposit said funds into escrow account No. 248312 SD at
California Land Title of Marin, 700 Irwin Street, San Rafael, California 94901 prior to June 30,
2003.
B. PRIVATE CONTRIBUTIONS.
The Save Gold Hill Committee has agreed to provide a minimum sum of $105,000.00,
raised from private contributions, toward the CITY's purchase of the PROPERTY. The Save
Gold Hill Committee through its agent the Marin Conservation League shall deposit said funds
into escrow account No. 248312 SD at California Land Title of Marin, 700 Irwin Street, San
Rafael, California 94901 prior to June 30, 2003.
C. BALANCE OF PURCHASE PRICE.
The CITY agrees to deposit into escrow the remainder of the purchase price, up to a
maximum sum of Four Hundred, Ninety Thousand Dollars ($490,000.00), and pay all escrow
costs stated in the purchase agreement. Failure of either MCOSD or Save Gold Hill Committee
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to timely deposit funds into escrow shall result in the automatic termination of this agreement
without any liability or obligation of either party to the other.
D. CITY'S DUTIES.
The CITY shall perform the following:
1. Take title to the PROPERTY upon close of escrow and be responsible for its
management for public park and open space purposes.
2. Within sixty (60) days of the close of escrow offer to MCOSD a permanent
conservation easement that protects the PROPERTY for conservation purposes, as such
purposes are defined in Internal Revenue Code Section 170(h)(4). Said easement shall be in the
form attached hereto as Exhibit `B."
E. CITY'S USE OF PROPERTY.
The CITY's use of the PROPERTY shall be compatible with the preservation of the
PROPERTY in its natural, scenic, and open space condition.
1. Restrictions:
a. The CITY shall not construct any permanent buildings, structures, or
other improvements on the PROPERTY, except those incidental to use by the public of the land
as open space.
b. The CITY shall use diligence to manage the PROPERTY in accordance
with sound resource management practices and guidelines.
C. The CITY shall not dump or accumulate any trash, garbage, or other
offensive material within the PROPERTY.
d. The CITY shall not disturb any land or vegetation within one hundred
(100) feet of the edge of any stream or other watercourse.
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e. The CITY shall not use the PROPERTY in any way that would
materially impair or interfere with the natural, scenic, open space and other environmental values
of the PROPERTY.
f. The CITY shall not conduct any mining on the PROPERTY.
2. CITY's Use:
The restrictions listed in section II E. 1., above, shall not be understood to limit or
prohibit the CITY's right to use, enjoy or improve; the PROPERTY in the following ways:
a. Practice sound conservation and fire -prevention measures upon the
PROPERTY (with such fire prevention to be conducted as recommended by the San Rafael Fire
Department).
b. Construct and maintain public footpaths and trails, consistent with sound
practices for minimizing erosion and other deleterious environmental effects.
C. Permit public trail use on the PROPERTY.
d. Conduct habitat restoration and enhancement activities.
e. Conduct any necessary activities to preserve and protect the PROPERTY
as open space.
f. Conduct any and all activities necessary to protect the public health safety
or welfare.
F. SOURCE OF CONTRIBUTIONS.
MCOSD and CITY understand, acknowledge and agree that (1) CITY's
contribution toward the purchase price of PROPERTY originates from the CITY's 1972 Open
Space Bond Fund, and that said funds can only be expended for the acquisition of CITY open
space land within the CITY limits and that such land so purchased can only be used for open
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space purposes, and (2) Save Gold Hill Committee's contribution was raised from private
donations with the expressed intent of preserving the PROPERTY for open space purposes.
Article III. Amendments
This Memorandum of Understanding may be amended or modified only by written
agreement of the MCOSD and the CITY.
Article IV. Notices
Notices shall be given to the MCOSD and the CITY at the following addresses:
If to the MCOSD: Marin County Open Space District
Attention: General Manager
3501 Civic Center Drive, Room 415
San Rafael, CA 94903
If to the CITY: City of San Rafael
Attention: City Manager
PO Box 151560
San Rafael, CA 94915-1560
And: City of San Rafael
Attention: Director of Public Works
111 Morphew Street
San Rafael, CA 94901
Article V. Term
This agreement shall commence when signed by both parties and shall terminate after (1)
recordation of the conservation easement described herein, (2) adoption of General Plan 2020
which includes the land use designation for the PROPERTY as "Park" or "Open Space" and (3)
amendment of the zoning ordinance to reclassify the PROPERTY to the zoning designation
from PD (Planned Development) to P/OS (Park/Open Space) District.
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IN WITNESS WHEREOF the parties hereunto have executed this Memorandum of
Understanding on the date first above written.
APPROVED BY:
MARIN COUNTY OPEN SPACE DISTRICT
President, Board of Directors
ATTEST:
Secretary
APPROVED AS TO FORM
County Counsel
APPROVED BY:
CITY OF SAN RAFAEL
ALBE T J. BOR ay or
ATTEST:
JJEWNEM. LEONCINI, City Clerk
APPR% A RM:
L
A. -'-GU AN, As�stant City Attorney
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Recording Requested by:
The City of San Rafael
WHEN RECORDED MAIL TO:
The City of San Rafael
Attention: Jeanne Leoncini, City Clerk
P. O. Box 151560
San Rafael, CA 94915-1560
APN: 15-250-28 SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
Dominican Property Company, LLC, a Delaware limited liability company
Hereby Grants to:
The City of San Rafael, a municipal corporation
The real property in the City of San Rafael, County of Marin, State of California, described as follows:
See Exhibit "A" attached hereto and made a part hereof.
This deed is being accepted by the City of San Rafael as disclosed by the attached Certificate of
Acceptance by its City Council and attested thereto by the City Clerk.
Dominican Property Company, LLC
DATED: By:
xxx, Member -Manager
STATE OF CALIFORNIA }
COUNTY OF MARIN }
On this day of , 2003, before me,
A Notary Public in and for said County and State, residing therein, duly commissioned and sworn,
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.
NOTARY PUBLIC in and for said County and State
F:\Real Estate\Eric's Folder\PARKS - OSD\Gold Hill 15-250-28, 55'•Grant Deed to City from Dominican.doe
EXHIBIT A
Recording Requested by:
The City of San Rafael
WHEN RECORDED MAIL TO:
The City of San Rafael
Attention: Jeanne Leoncini, City Clerk
P. O. Box 151560
San Rafael, CA 94915-1560
APN: 15-250-55
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT DEED
Golden Forest, L.L.C., a California limited liability company
Hereby Grants to
The City of San Rafael, a municipal corporation
That real property in the City of San Rafael, County of Marin, State of California, described as follows:
See Exhibit "A" attached hereto and made a part hereof.
This deed is being accepted by the City of San Rafael as disclosed by the attached Certificate of
Acceptance by its City Council and attested thereto by the Clerk of the Council.
Golden Forest, L.L.C.
DATED: By:
David R. Santistevan, Member -Manager
STATE OF CALIFORNIA }
COUNTY OF MARIN }
On this day of , 2003, before me, ,
A Notary Public in and for said County and State, residing therein, duly commissioned and sworn,
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.
NOTARY PUBLIC in and for said County and State
FAReal Estate\Eric's FolderTARKS - OSD\Gold Hill 15-250-28, 55\Grant Deed to City from Golden Forest.doc
L-AHIE3IT
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Marin County Open Space District
c/o Department of Public Works
Real Estate Division
P.O. Box 4186
San Rafael, California 94913-4186
Attention: Mr. Eric Lueder
APN #015-250-28; #015-250-55
'_►.7.191 01 WMIJ►!
THIS GRANT OF OPEN SPACE EASEMENT is made this day of ,
2003 by the City of San Rafael, a municipal corporation chartered and existing under the
Constitution and laws of the State of California (the "CITY") by Resolution No. ,
attached hereto as Exhibit "A" and made a part hereof.
RECITALS
A. The City is the owner of certain real property situated in the County of Marin, ,
State of California, commonly known as the Gold Hill Property (commonly referred to as APN
#015-250-28 and #015-250-55) (the "PROPERTY"),as more particularly described on Exhibit
"B" and as depicted in the map attached as Exhibit "C," both exhibits attached hereto and made a
part hereof.
B. The City desires to grant to the Marin County Open Space District ("MCOSD"),
a special district, and MCOSD agrees to accept,'by the Certificate of Acceptance attached hereto
as Exhibit "D" and made a part hereof, this Open Space Easement (the "Easement"),
encumbering the entirety of the PROPERTY.
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EXHIBIT B
C. Both CITY and MCOSD have determined that the Easement will effectively
preserve upland greenbelts and community separators, protect natural habitat for wildlife and
plants, protect public access to open space lands, protect public recreational opportunities, and
preserve open space for the scenic enjoyment of the general public, as set forth both in the Marin
Countywide Plan and in the City's General Plan.
D. The purpose of this Easement is to preserve the PROPERTY in its natural,
scenic, and open space condition on the terms, and subject to the conditions and restrictions, set
forth below.
NOW THEREFORE, the CITY hereby grants to MCOSD a permanent Open Space
Easement over the PROPERTY, upon and subject to the following terms, conditions, and
restrictions:
1. Use Restrictions. The CITY shall retain and preserve the PROPERTY in its
natural, scenic, and open space condition pursuant to and consistent with all applicable
provisions of the Natural Environment Element of the City's General Plan, the City's Open
Space Plan, the City's Open Space Ordinance (Chapter 19.10 of the San Rafael Municipal Code)
and the City's Zoning Ordinance (Title 14 of the San Rafael Municipal Code) and any revisions
thereto.
2. Reservation of Use by the Citv. The CITY reserves the right to use the
PROPERTY in any manner not inconsistent with the restrictions set forth herein, and said
restrictions shall not be understood to limit or prohibit the CITY's right to use, enjoy or improve
the PROPERTY, provided such use and enjoyment is consistent with all applicable provisions
of the Natural Environment Element of the City's General Plan, the City's Open Space Plan, the
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City's Open Space Ordinance (Chapter 19.10 of the San Rafael Municipal Code) and the City's
Zoning Ordinance (Title 14 of the San Rafael Municipal Code) and any revisions thereto.
3. Access by MCOSD. Representatives of the MCOSD shall have the right, from
time to time, during business hours on business days and after giving reasonable prior written
notice to the owner of the PROPERTY, to enter the PROPERTY for determining compliance
with the terms and conditions of the Easement.
4. Condemnation. In the event the PROPERTY or any portion thereof is sought to
be condemned for public use, this Easement shall remain in effect for any portion of the
PROPERTY not affected by the condemnation action. MCOSD and CITY shall share in any
awards made through the condemnation process in a ratio proportionate to each one's
contribution toward the purchase.
5. Non -Liability. The MCOSD shall have no responsibility or liability in
connection with the use or maintenance of the PROPERTY, excepting only those claims,
actions, damages, losses or expenses of any kind arising out of the sole negligent act or omission
of MCOSD, its officers, agents, employees or volunteers.
6. Unenforceable Provisions. If any provision of this Easement or the covenants and
restrictions contained herein shall be held to be unenforceable by a court of competent
jurisdiction, this instrument shall be construed as if such provision had not been included herein.
If any provision hereof is ambiguous or shall be subject to two or more interpretations, one or
more of which would render such provision invalid or inconsistent with the open space purposes
of this Easement, then such provision shall be given the interpretation that would render it valid
and would be consistent with the open space purposes of this Easement.
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7. Enforceable Restriction. The CITY and the MCOSD intend that the CITY's
covenants as set forth in this Easement are covenants running with the land as contemplated by
Section 1468 of the California Civil Code with respect to the PROPERTY. Therefore, the
covenants of the CITY running in favor of the MCOSD shall bind the successors and assigns of
the CITY, to the extent such successors or assigns come to hold any interest in or fee title to the
PROPERTY. It is agreed that, to the extent the CITY or any successor or assign thereof
transfers its fee ownership of all or any portion of the PROPERTY, such transferor, upon such
transfer, shall be released from any thereafter accruing liability under this Easement as long as
any transferee is a legal entity that can assume the transferor's place. If it is ever determined by
a court of competent jurisdiction after any available appeals are either waived or exhausted, that
it is impossible to continue the conservation purpose for which the Easement is created, then the
CITY shall give to the MCOSD any proceeds available to the CITY from the judicial
extinguishment of the grant evidenced by this Easement, and the MCOSD shall use such
proceeds only for open space land acquisition purposes.
8. Assip-mnent by the District. The MCOSD may not assign or otherwise transfer
all or any portion of its right, title, or interest in this Easement to any other party without the
prior written consent of the CITY. Such assignment shall comply with the requirements of
Section 5540 of the California Public Resources Code.
9. Nature of Easement. MCOSD acknowledges, understands and agrees that the
Easement conveyed herein by CITY is a non-exclusive easement. Additionally, MCOSD
acknowledges, understands and agrees that the Easement conveyed herein is subject to all other
easements, liens, encumbrances and all other interests in the PROPERTY existing as of the date
of this easement.
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10. Notices. Any notice, demand or request which may be permitted, required or
desired to be given in connection with this Easement shall be given in writing and directed to the
CITY or the MCOSD as follows:
City: City of San Rafael
Attention: City Manager
P.O. Box 151560
San Rafael, CA 94915-1560, and
City of San Rafael
Public Worcs Director
1 I I Morphew Street
San Rafael, CA 94901
District: Marin County Open Space District
Attention: General Manager
Marin County Civic Center
3501 Civic Center Drive, Room 415
San Rafael, California 94903
Notices should be either (1) personally delivered (including by Federal Express or other
reputable courier service) to the addresses set forth above in which case they shall be deemed
delivered on the date of delivery to said addresses; or (2) sent by certified mail, return receipt
requested, in which case, they shall be deemed delivered on the date shown on the receipt unless
delivery is refused by the addressee, in which event they shall be deemed delivered two (2)
business days following the date of deposit in the United States mail. The addresses and
addressees set forth above may be changed by giving notice of such change in the manner
provided in this Section.
11. Amendment. This Easement may only be amended by a written document signed
by the CITY and the MCOSD, or their successors and assigns, and any such amendment shall
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be effective only after the date of its recordation in the Official Records of Marin County,
California.
IN WITNESS WHEREOF, the City has executed this Open Space Easement as of the
day and year first written above.
CITY OF SAN RAFAEL
ALBERT J. BORO, Mayor
ATTEST:
JEAN -NE M. LEONCINI, City Clerk
APPROVED AS TO FORM:
GARY T. RAGGHIANTI, City Attorney
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