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HomeMy WebLinkAboutOrdinance 1473 (Conveyance of Real Property to Fred Grange)I CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1473 entitled: ORDINANCE PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY (to Fred Grange) is a true and correct copy of an ordinance of said City and was introduced at a regular meeting of the City Council of the City of San Rafael, held on the third day of January , 1934, published as required by City Charter in the Independent -Journal a newspaper published in the City of San Rafael and passed and adopted as an ordinance of said City at a regular meeting of the City Council of said City held on the sixteenth day of January 1984, by the following vote, to wit: AYES: COUNCILhi MERS•Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMMMERS : None ABSENT: COUNCILMEMBERS:None WITNESS my hand and the official seal of the City of San Rafael this ninetpenth day of January , 1984. JEANfjkl LEONCiNI, ity Cle� ORDINANCE NO. 1473 ORDINANCE PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY (to Fred Grange) The Council of the City of San Rafael, California do ordain as follows: SECTION l: It is hereby found, determined, and ordained that real property being a portion of Assessor's Parcel 09-290-09 and Assessor's Parcel 09-161-48, as described in Exhibit "A" attached hereto, in San Rafael, California, has been reviewed by the Planning Commission and determined that the sale of these will not have an adverse effect on vicinity properties or the general welfare of the community, and is in conformity with the General Plan, that it would be in the best interest of the City of San Rafael, California to sell all of the real property described in Exhibit "A" attached, that the property has been appraised by an outside fee appraiser, and that the land is not readily marketable because of its odd shape which is unsuitable for development by itself. SECTION 2: The City of San Rafael, California, a municipal corporation, hereinafter referred to as "City", by and through its City Council does hereby declare its intention to sell said real property subject to any and all unpaid taxes, assessments, easements, right-of-way, restrictions, reservations, conditions, deed of trust, liens and encumbrances thereon of any nature or kind whatsoever, to Mr. Fred Grange, hereinafter referred to as "Purchaser" upon the following terms and conditions: 1. Escrow. Within ten (10) business days (Saturdays and Sundays not being business days) from the effective date of this ordinance, an escrow shall be opened with a title company agreeable to both parties to this agreement, in the City of San Rafael, California on the following terms and conditions: A) That all escrow charges, are to be borne by the Purchaser B) That all escrow instructions shall be written on the current forms in use by the selected title company 0 RZ.- q_-p- "U"'RNAL, C) That the cost of any title insurance policy or policies is to be borne by the Purchaser D) Purchaser shall deposit a cashiers check payable to The City of San Rafael in the amount of $13,000 in said escrow E) A surety payable to the City of San Rafael in the amount of $10,000 has been deposited with the Public Works Director of the City of San Rafael. This surety will be placed in escrow for return to the purchaser upon completion of the repair of damages to Drainage Assessment District # 2 Pond and the access road to the pond, caused by purchaser during the filling of his adj acent land. If repair is not completed to the complete satisfaction of the Public Works Director, all or any portion of the surety will be used to complete the necessary repairs. Escrow shall not close until the Public Works Director deposits notification that repairs have been completed and are in accordance with the improvement plan of the East San Rafael Drainage Assessment District # 2 (as built 1-11-77). 2. Delivery of Possession. Possession of parcels shall be given at the close of escrow. 3. Description of Property. That certain real property situated in the City of San Rafael, California, County of Marin, State of California, commonly referenced to as portions of A.P. 09- 290-09 and A.P. 09-161-48 fully described in Exhibit "A" attached hereto and forming a part hereof. SECTION 3: The Mayor of the City of San Rafael is authorized and directed to execute and deliver deed to conveyance in the name of said City to the above referenced escrow account which are necessary and proper to carry out the sale, upon the terms and conditions herein provided, and other considerations, all as hereinabove set forth. - 2 - SECTION 4; This ordinance shall be published once in full before its final passage, in a newspaper of general circulation, published and circulated in said City, and shall be in full force and effect thirty (30) days after its passage. LAWRENCE E. MULRYAN, Mayor ATTEST: JEANNE M. LEONCINI, City Clerk The above and foregoing Ordinance No. 1473 was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the Third day of January 1984 and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the Council to be held on the Sixteenth day of January , 1984. ANN M. LEONCI I, City Clerk - 3 - EXHIBIT A PARCEL A Beginning at the Northwesterly most corner of lot 3 as shown upon that certain map entitled, map of Cecotti Tract, San Rafael, California filed for record September 14, 1970 in Book 14 of maps at said Marin County Records; thence from said point of beginning at said northeasterly boundary of the Cecotti Tract in 520 17' 18" W, 100.00 Ft.; thence N 89° 00' 08" E, 104.61 Ft.; thence south- westerly along a non -tangent curve to the left (said curve also being the southwesterly boundary of the E.S.R.D.A. District # 2 ponding area), whose center bears S 54° 07' 45" E having a radius of 60 Ft., through a central angle of 86° 24' 56", an arc length of 90.49 Ft. to a point of compound reverse curvature; thence along said reverse curve to the right whose center bears S 390 27' 19" W having a radius of 230 Ft., through a central angle of 12° 21' 41", an arc length of 49.62 Ft., to a point on the northeasterly boundary of the before mentioned lot 3; thence along said northeasterly boundary of lot 3 N 52° 17' 18" W, 88.83 Ft. to the true point of beginning. PARCEL B Beginning at the northeasterly most corner of lot 3 as described in Map of Cecotti Tract; thence S 370 32' 42" W, 65.68 Ft. to the true point of beginning also being the most northerly point as shown on that certain map entitled "Map of Piombo Industrial Subdivision"; thence along the southeasterly boundary of lot 3 S 370 32' 42" W, 90.63 Ft. to a point on the northerly right of way of Piombo Place; thence along said northerly r/w also being a southeasterly curve to the left whose center bears N 29° 59' 12" E having a radius of 485.00 Ft., through a central angle of 6° 53' 30" an arc length of 58.34 Ft., to a point of the bound,, ry of before mentioned Piombo Industrial Subdivision; thence along that same boundary being a northwesterly curve angle of 27° 20' 50" an arc length of 28.64 Ft. to a point of compound reverse curvature; thence along a reverse curve to the left having a radius of 230.00 Ft., through a central angle of 170 08' 29", an arc length of 68.81 Ft. to the trate: poimt-of begi�..Li1uLy . - 0 0 "ZX 6, ReCEL CD 71 Jz (D rl s Aj [cc, Oc), i) = -- 40 16 3'7 Vol L7t, J• ols) V2 171 9 U 71- 4. 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