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HomeMy WebLinkAboutOrdinance 1431 (Sell Third & A Parking Lot)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. 1431 entitled: ORDINANCE PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY TO THE SAN RAFAEL REDEVELOPMENT AGENCY (City Parking Lot, Third & "A" Streets) 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 seventeenth day of Mav , 1982, published as required by City Charter in the Tnde Pndent-Journal , a newspaper published in the City of San Rafael and passed and adopted as an ordinance of said City at a rP.X meeting of the City Council of said City held on the seventh day of June , 1982, by the following vote, to wit: AYES: COUNCILMEMBERS: Breinex, Frugoli & Mayor Mulryan NOES: COUNCILMEMBERS: Jensen ABSENT: COUNCILIhIEMBERS: Miskimen WITNESS my hand and the official seal of the City of San Rafael this tenth day of June , 1982. JEA LEONCINI, ity Clerk ORDINANCE NO. 1431 ORDINANCE PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY TO THE SAN RAFAEL REDEVELOPMENT AGENCY (City Parking Lot, Third & "A" Streets) THE COUNCIL OF THE CITY OF SAN RAFAEL, CALIFORNIA, DO ORDAIN AS FOLLOWS: Section 1: It is hereby found, determined and ordained that a parcel of land described as a city parking lot at 3rd and A Streets can serve a greater public purpose by the assembly with adjoining lands of the San Rafael Redevelopment Agency to provide for the construction of a parking structure, and that it would be in the best interests of the City of San Rafael, California, to convey all of the real property here- inafter described. Section 2: The City of San Rafael, California, a municipal corpo- ration, hereinafter referred to as "City", by and through its City Council, does hereby sell the land referred to in Section 1 above and hereinafter specifically described, to the San Rafael Redevelopment Agency, a public body, corporate and politic hereinafter referred to as "Agency", upon the following terms and conditions. .W, 1. Purchase Price. The purchase price to be paid by Agency to City shall be the sum of ONE DOLLAR ($1.00) in cash, law- ful money of the United States of America, payable upon close of escrow. 2. Escrow. Within three (3) business days (Saturday and Sunday not being business days) from the date hereof, an escrow shall be opened with CALIFORNIA LAND TITLE COMPANY, on the following terms and conditions: 1) That all escrow charges, save and except the usual charges, such as revenue stamps, customarily payable by sellers within the Marin County area are, if applicable, payable solely by the Agency. 2) That all escrow instructions shall be written on the current forms in use by the California Land Title Company. 3) That the cost of any title insurance policy or policies is to be borne by Agency. 4) That the said escrow shall be closed on or before twenty-one (21) business days following satisfaction of each of the following two conditions precedent: _vI.-NAL 1431 a. an ordinance which complies with Article VII, Section 7, Subsection 7, of the San Rafael Charter, becomes effective; and b. adequate funds have been deposited into an appropriate escrow account, and all related requirements have been satisfied to accomplish defeasance of any and all outstand- ing bonds which have been issued under the terms of any authorizing resolution which prohibits or can be reasonably construed to prohibit the transfer of the real property covered by this ordinance, as described in Subparagraph 6 of this Section 2, or any portion thereof, for the period that any such bonds remain outstanding. 3. Delivery of Possession. Agency shall be given possession of property at the close of escrow. 4. Compliance with San Rafael Charter. It is understood that the within sale is subject to Subdivision 7 of Section 7 of the San Rafael Charter, and it is agreed that the within sale shall be made in compliance with said Charter provisions. S. Condition of Title. Title shall be subject to convenants, conditions, restrictions, reservations, rights, rights of way, and easements now of record and to all of the provisions of this Agreement of Sale, and the property is sold in an "as is" condition. 6. Description of Property. That certain real property situated in the City of San Rafael, tounty of Marin, State of California, described below as follows: ALL THAT CERTAIN real property situate in the City of San Rafael, County of Marin, State of California, described below as follows: PARCEL ONE: BEGINNING at a point on the Westerly line of "A" Street distant thereon Southerly 92 feet from its intersection with the Southerly line of Fourth Street, as widened; running thence from said point of beginning Southerly along the Westerly line of "A" Street, a distance of 52 feet; running thence Westerly along the Southerly line of Lot 1, Block 26, as shown upon that certain plat of the "Townsite of San Rafael", a distance of 125 feet to the lands of Pugatch; running thence Northerly along said lands and parallel with the Westerly line of "A" Street, a distance of 52.00 feet; running thence Easterly parallel with the Southerly line of said Lot 1, a distance of 125 feet to the point of beginning. PARCEL TWO: BEGINNING at a point on the Westerly line of "A" Street, distant thereon 148 feet Southerly from its intersection with the Southerly line of Fourth Street, before widening, said point being the Southeasterly corner of Lot 1, Block 26, as shown upon "Plat of Townsite of San Rafael"; running thence Westerly along the southerly line of said Lot 1, Block 26, a distance of 125 feet; thence Southerly parallel with "A" Street 10.00 feet; thence Easterly parallel with the Southerly line of said Lot 1, Block 26, a distance of 125 feet to the Westerly line of "A" Street; thence Northerly along the Westerly line of "A" Street, 10 feet to the point of beginning. IMM ORDINANCE NO. 1431 PARCEL THREE: BEGINNING at a point in the Westerly line of A Street, distant Northerly thereon 70 feet from the Northerly line of Third Street; running thence Northerly along said Westerly line of A Street, 70 feet to the Southerly line of that certain parcel of land described in Deed from .john T. McKenzie and wife, to Hepburn Wilkins, dated June 5th, 1895, and recorded in Book 34 of Deeds at page 193, Marin County Records; thence Westerly along said Southerly line of the property so described in such Deed to Wilkins, 100 feet to the Easterly line of that certain parcel of land described in Deed from Frank H. McKevitt and wife, to Lafargue Laundry Company, dated September 26th, 1924 and recorded in Book 56 of Official Records at page 53, Marin County Records; thence Southerly along said Easterly line of the property so described in such deed to Lafargue Laundry Company, 70 feet; thence Easterly in a direct line to the Westerly line of A Street and the point of beginning. PARCEL FOUR: BEGINNING at the point of intersection of the Westerly line of A Street with the Northerly line of Third Street, running thence Northerly along the Westerly line of A Street, 70 feet to the Southerly boundary line of the tract conveyed to Henry E. Grandi, by Deed recorded March 2, 1936 in Book 312 of Official Records at page 109, Marin County Records; running thence Westerly along the Southerly boundary line of said tract conveyed to Grandi, 100 feet to the Easterly boundary line of the tract conveyed to Lafargue Laundry Company, by deed recorded in Book 56 of Official Records at page 53, Marin County Records; running thence Southerly along the Easterly line of said lands conveyed to Lafargue Laundry Company, 70 feet to the Northerly line of Third Street; running thence Easterly along the Northerly line of Third Street, 100 feet to the point of beginning. Section 3: The Mayor of the City of San Rafael is authorized and directed to execute and to deliver to the San Rafael Redevelopment Agency, a public body, corporate and politic, deeds of conveyance in the name of said City necessary and proper to carry out the sale, upon the terms and conditions herein provided, upon receipt of the purchase price and other considerations, all as hereinabove set forth. 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 final passage. Attest: JE E'M. LEONCI , Y Cit Clerk -3� D WRENCE E. MULRYAN , Mayor • OR-Ii"':c.NCE NO. 1431 The above and foregoing Ordinance No. 1431 was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the seventeenth day of Mav , 1982, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, lifiskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Jensen 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 GP.vP.iltl, day of June 1982. 01 NNE M. LEONCIN ; City Clerk Me