HomeMy WebLinkAboutOrdinance 1269 (Sale of Real Property)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, City 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. 1269 entitled:
ORDINANCE PROVIDING FOR THE SALE OF REAL PROPERTY
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 15th
day of Auaust. 1977 Published as re-
quired by City Charter in the Indeaendent Journal
a newspaper printed and 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 6th day of September, 19 77 ' by the
following vote, to -wit:
Ayes: Councilmen: Miskimen, Nixon and Vice -Mayor Jensen
Noes: Councilmen: None
Absent: Councilmen: Mulryan and Mayor Bettini
WITNESS my hand and the official seal of
the C',y of San Rafael this 8-4 day of
19 77
ISE M. LEONCINI, 'ity Clerk
ORDINANCE NO. 1269
ORDINANCE PROVIDING FOR THE SALE OF REAL PROPERTY
THE COUNCIL OF THE CITY OF SAN RAFAEL, CALIFORNIA, DO ORDAIN AS FOLLOWS:
Section 1: It is hereby found, determined and ordained that a
small irregular portion of land with a one car garage thereon situated
at the end of Stevens Place, San Rafael, California, hereinafter re-
ferred to as Parcel "A", is hereby declared surplus and that it would
be in the best interests of the City of San Rafael, California, to
sell all of the real property hereinafter described.
1.1 Description of Parcel "A". (Ptn. A.P. 14-011-14) That certain
real property situate in the City of San Rafael, County of
Marin, State of California, described as follows:
BEGINNING at the Northeast corner of Lot 2; thence along
the Easterly line of said Lot, South 09°04' West 7.94 feet;
thence along a curve to the right whose radi8s is 20.16
feet, the centerline of which bears North 48 16'18" West,
thru an angle of 11°24'28", an arc distance of 4.01 feet;
thence on a compound curve to the right whose radi8s is
65.30 feet, the centerlinS of which bears North 37 21'51"
West, thru an angle of 18 24125", an arc distance of 20.98
feet; thence along a curve to the left whose radiug is
39.74 feet, the centerlinS of which bears South 18 57125"
East, thru an angle of 50 20120", an arc distance of 34.92
feet; thence on a compound curve to the left whose radius
is 75 feet, the centerlinS of which bears South 69°17'45"
East, thru an angle of 09 0013511, an arc distance of 11.79
feet; thence South 11°41'40" West 39.07 feet to a point in
the Southerly line of Lot 2; thence along said Lot line,
North 79°06' West 2.40 feet to the Southwesterly corner of
said line; thence along the Westerly line of said Lot, North
09°04' East 101.45 feet to the Northwesterly corner of said
Lob; thence along the Northerly line of said Lot, South
80 56' East 45 feet to the point of beginning.
BEING a portion of Lot 2, Map of Stevens Tract, filed on
April 7, 1909 in Map Book 3 at Page 11, Marin County Records.
1.2 Minimum bid for Parcel "A" is One Thousand Dollars ($1,000.00)
Section 2: It is hereby found, determined and ordained that the
land located at the corner of Fourth Street (A.K.A. Miracle Mile) and
Ross Valley Drive, San Rafael, California, hereinafter referred to as
Parcel "B", is no longer required by the City except for a sub -surface
storm drainage easement which is reserved therefrom, and that it would
be in the best interests of the City of San Rafael, California, to sell
all of the real property hereinafter described.
2.1 Description of Parcel "B". (Ptn. A.P. 12-014-22). That
certain real property situate in the City of San Rafael,
County of Marin, State of California, described as follows:
- 1 --
BEGINNING at a point in the Westerly line of lot 34, Map
of San Rafael Heights, Sub. Two, filed July 20, 1911 in
Map Book 4 at page 6, Marin County Records, said point
being the Northwesterly corner of the parcel of land
described in the deed from the City of San Rafael to
San Rafael Methodist Church recorded May 28, 1948 in
Book 585 of Official Records at page 238; 8hence along
the Westerly line of said lot 34, North 07 05' East
30.50 feet; thence leaving paid line, South 78°48' East
81.00 feet; thence North 12 36' East 6.00 feet; thence
due East 30.55 feet to a point in the Westerly boundary
line of lot 32, as said lot is shown on the map above
referred to; thence along said Westerly line South 120
36' West 45.00 feet to the Northeasterly corner of the
parcel conveyed to San Rafael Methodist Church in the
deed above referred to; 8hence along the Northerly line
of said parcel, North 77 24' West 107.83 feet to the point
of beginning.
RESERVING THEREFROM an easement for storm drainage purposes
which lies within a strip of land 30 feet in width lying 15
feet on each side of an existing 30" R.C.P. storm drain.
2.2 Minimum bid for Parcel "B" is Eight Hundred Dollars ($800.00).
Section 3: The City of San Rafael, California, a municipal cor-
poration, hereinafter referred to as "City", by and through its City
Council, does hereby direct the real property described in Section 1.1
and Section 2.1 to be sold by sealed bid upon the following terms and
conditions:
3.1 Notice of Invitation to Bid. Notice is hereby given that the
City of San Rafael will receive bids for the purchase price
of surplus real property hereinabove described as Parcel "A"
and Parcel "B" in accordance with all the provisions of this
ordinance.
Each Bid shall be made out on the form to be obtained at the
office of the City Treasurer, Room 204, City Hall, 1400 Fifth
Avenue, San Rafael, California 94902, and shall be accompanied
by cash, certified check or bidder's bond of ten percent (l0a)
of the amount of the bid, made payable to the order of the
City of San Rafael, Marin County, California; shall be sealed
and filed with said City Clerk, Room 209, City Hall, San
Rafael, California, on or before Noon of September 7, 1977.
To qualify for consideration, each bid on its face shall be
firm, unconditioned, responsive, fixed in one amount certain
and not in the alternative. The City reserves the right to
reject any or all bids or to waive any informality in a bid.
3.2 Purchase Price. The purchase price to be paid by Buyer to
City shall be in cash, lawful money of the United States of
America, payable upon close of escrow, at a sum not less
than minimums hereinabove stated.
3.3 Escrow. Within three (3) business days (Saturdays and Sun-
days not being business days) from the date of bid opening,
an escrow shall be opened with MARIN TITLE GUARANTY COMPANY,
- 2 --
located at Fourth and "C" Streets, in the City of San
Rafael, California, 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 Buyer.
2) That all escrow instructions shall be written
on the current forms in use by the Marin Title
Guaranty Company.
3) That the cost of any title insurance policy or
policies is to be borne by Buyer.
4) That the said escrow shall be closed on or be-
fore twenty-one (21) business days following the
day upon which an ordinance in compliance with Article
VII, Section 7, Subdivision 7, of the San Rafael
Charter, is effective.
3.4 Delivery of Possession. Buyer shall be given possession at
the close of escrow.
3.5 Compliance with San Rafael Charter. It is understood that
the within sale is subject to Subdivision 7 of Section 7
of Article VII of the San Rafael Charter, and it is agreed
that the within sale shall be made in compliance with said
Charter provisions.
3.6 Condition of Title. Title shall be subject to covenants,
conditions, restrictions, reservations, rights, right 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. City makes no warranty expressed or
implied.
3.7 Compliance with California Government Code. It is understood
that the within sale is subject to the provisions of Govern-
ment Code Section 54220 et seq. and that the within sale
shall be made in compliance with said Code Sections.
3.8 Survey at Buyer's Expense. It shall be the responsibility of the
Buyer to provide, at no expense to the City of San Rafael, a
survey of the property acceptable to the City Engineer.
Section 4: The Mayor of the City of San Rafael is authorized
and directed to execute and to deliver Deeds of Conveyance in the name
of the successful bidder 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 5: This ordinance shall be published once in full before
- 3 -
its final passage, in the Independent Journal, a newspaper of general
circulation, printed, published and circulated in said City, and shall
be in full force and effect thirty (30) days after its passage.
;FRED E. JENSEN, ice -Mayor
ATTEST:
JEANNE M. LEONCINI, City Clerk
The above and foregoing Ordinance No. 1269 was read and introduced
at a regular meeting of the City Council of the City of San Rafael,
held on the 15th day of August , 1977, and ordered passed to print
by the following votes, to wit:
AYES: Miskimen, Nixon and Vice -Mayor Jensen
NOES: None
ABSENT: Mulryan and Mayor Bettini
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 6th
day of September , 1977.
JEANNE M. LEONCINI, City Clerk
- 4 -