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Home My WebLink AboutCC Resolution 11163 (Purchase Tax Defaulted Property)RESOLUTION NO. 11163 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 WHEREAS, the County of Marin has agreed to sell to the Marin County Open Space District a certain submerged tidelands parcel of tax -defaulted property located in San Rafael Bay, 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, in May of 2001, the Marin Board of Supervisors and the Directors of the Marin County Open Space District signed a purchase/sale agreement for this submerged tidelands parcel, by which the Marin County Open Space District agreed to pay $7,150.00 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 $7,150.00 for the sale by the County of Marin to the Marin County Open Space District of a tax -defaulted submerged tidelands 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 3rd day of September, 2002, by the following vote to wit: AYES: Councilmembers : Hel l er, Mi 11 er, Phi 11 i ps and Vi ce-Mayor Cohen NOES: Councilmembers: None ABSENT: Councilmembers: Mayor Boro JE'�A.�.-�A . M. LEOr1CIlvi, City Clerk oil AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY ®p This Agreement is made this 1 G+. day of MaV N791-0-0 A 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 Exhibit "A" attached hereto and made a part hereof, 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. 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 Te sum of $ 7,150.00 for the real property described in Exhibit "A" within days after the date this agreement becomes effective. Upon payment of said sum to the tax collector, the tax collector shall execute and delivera deed conveying title to said property to PURCHASER. 3. Purchaser agrees that real property shall be held in Public Trust. for Public Benefit. This agreement shall be null and void if all or any portion of the property is redeemed prior to the effective date of this agreement. This agreement shall also become null and void and the right of redemption restored upon the,, PURCHASER'S failure to comply with the term and conditions of this agreement. Time is of the essence. ^12,, LGFA TDL 8332 (2/a5) i ne unaersignea nereoy agree to ine terms anu cununwna UI una ayI CC1I ICI Il at iu GIC UUIy OU %I IUI I«U .%J 01yII . agencies. rl1 1 L111 " 4%l' By (F�`�'�Cj� �iQ x-7President, pn Space District G U,-70-ml-70-ml0-mI C() V ,,44,, O q Board of Directors (seal) ATTEST: 104 BOARD OF SUPERVISORS MARIN COUNTY Clerk of the Board of Supervisors Byr�ci-� By, t -64y Clerk W4sident? (seal) Marin County Board of Supervisors Pursuant to the provisions of Section 3775 of the Revenue and Taxation Code the governing body of the City of SAN RAFAEL ATTEST: By City Clerk Deputy (seal) hereby agrees to the selling price as provided in this agreement. CITY OF SAN RAFAEL M By Mayor ayor This agreement was submitted to me before execution by the board of supervisors and I have compared the same with the records of MARIN County relating to the real property described therein. MARIN County Tax Collector Pursuant to the provisions of Sections 3775 and 3795 of the Revenue and Taxation Code, the Controller agrees to the selling price hereinbefore set forth and approves the foregoing agreement this day of ,19 STATE CONTROLLER I -a7 NOTE: EXHIBIT "A" MUST BE ATTACHED TO THIS FORM CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Marin On Sept. 4, 2002 before me, Date personally appeared Albert J. Bo ro NANCY MANN D COMM. #1248639 C e~ NOTARY PUBLICZ&JFORNIA 1 MARIN 00I.Wry 0 My convn.Expim Feb. 4.2004 t r- - - - - - - x Nancy Hann, Notary Public Name and Title of Officer (e g, "Jare Doe, Notary Public) Nama(s) of Signer(s) K] personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person,zrwhose name(w �'"�hfL,- subscribed to the within instrument and acknowledged to me that f>gJtk eq executed the same in 6iphd-r/theif authorized capacity(ies°f and that by 91herltha+r signature( -on the instrument the person(W,or the entity upon behalf of which the person(ar acted, executed the instrument. WITNESS my hand and official seal. �i nature of Notary PuIlic 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: Agreement to Purchase Tax -Defaulted Property (includes 2 -pg. Ex. A & Cert, of Acceptance) Document Date: May 1, 2001 Number of Pages: - - Signer(s) Other Than Named Above: Open Space District Pres. & Marin Co. Bd. of Supervisors Pres. Capacity(les) Claimed by Signer Signer's Name: Albert ber t J . Bo ro ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner—[] Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator XX Other: Ma vo r Signer Is Representing: City of San Rafael C 1999 National Notary Assoc anon - 9350 De Soto Ave. PO Box 2402 - Chatsworth, CA 91313-2402 - www nationalnotaryorg Prod. No. 5907 Reorder Call Toll -Free 1-1100-fi76-fie27 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California rn��,, \ } County of V�1 J ss. On V P IC)] , before me, N)U��C'_ e Dateand Title of Officer Name ie. g.,WAI �/`/� 9., 'Jane Doe, Notary Public") personally appeared t,_) Name(s) of Signer(s) 'personally known to me proved to me on the basis of satisfactory evidence to be the personf&) whose name is/a subscribed to the within instrument and acknowledged to me thit e e/they executed the same inhIs er/their authorized capacity+kws , and that by his er/their signatures) on the instrument the person(s} or JEANINE MICHAELS the entity upon behalf of which the person(s) �p Comm. It 1277054 '^ acted, executed the instrument. W NOTARY PUBLIC -CALIFORNIA N \ Merin County r r}( Aly Comm. Evores Oct. 13, 2044 ?AL my hand and official seal. Place Notary Seal Above Signature of Notary Public OPT/ 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 (P°cume� _ Title or Type of Document: k, Pa.._ b\jwy z�r N oAt- Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed y 1g er Signer's Name: ITT f�()L1.a ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — Limited ❑ General ❑ Attorney in Fact ❑ Trustee -Ar (Dea�,q - or K)-- WC�0-i2d Number )Pages: Top of thumb here ❑ Guardia Conservator Other: Signer Is Representing:,' g0_V�i Cou or -n- ��irA __ l _fT CT__ ® 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-600-676.6627