HomeMy WebLinkAboutCC Resolution 10953 (229 Bayview Dr.)RESOLUTION NO. 10953 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND STEPHEN CRUTCHFIELD AND MAXINE LAMPERT REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY AT 229 BAYVIEW DRIVE, APN 186-071-05, TO THE CITY OF SAN RAFAEL BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, Stephen Crutchfield and Maxine Lampert are the owners of real property located at 229 Bayview Avenue, APN 186-071-05; and WHEREAS, Stephen Crutchfield and Maxine Lampert applied to the San Rafael Sanitation District to connect to the District Sewer Line; and WHEREAS, the property APN 186-071-05 is not within the Sanitary District boundary and not within the City limits; and WHEREAS, in order to connect to the SRSD sewer line, it is necessary to ANNEX to the Sanitation District, which is subject to approval by the Marin Local Agency Formation Committee (LAFCO); and WHEREAS, LAFCO has approved the annexation subject to certain conditions as outlined in LAFCO Resolution No. 01-14; and WHEREAS, Stephen Crutchfield and Maxine Lampert have agreed to these conditions as outlined in the Agreement entitled "Agreement Regarding Future Proceedings for Annexation of Real Property to the City of San Rafael ®n uLlJ `D°�53 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that the Mayor is authorized to sign this Agreement on behalf of the City of San Rafael. 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 Council of said City on the 5th day of November, 2001, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None NI. JE NE M. LEON INI, City Clerk File No.: 02.02.15 SPACE ABOVE THIS LINE FOR RECORDER'S USE (NOTE: CERTIFIED COPY OF CITY OF SAN RAFAEL RESOLUTION NO. 10953, ADOPTED 11/5/01, ATTACHED) AGREEMENT REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY TO THE CITY OF SAN RAFAEL (Annexation of the Lands of Thurman to the San Rafael Sanitation District) This Agreement is made and entered into this 2e-�' day of Sebtr-Mher , 2001, between the CITY OF SAN RAFAEL ("City") and STEPHEN CRUTCHFIELD and MAXINE LAMPERT ("Owners") and is based upon the following facts and circumstances: (a) Owners hold fee title to that certain real property ("the Property") as more particularly described in Exhibit "A" attached hereto; (b) As a result of a proposal for annexation of certain territory more particularly referred to and described in Exhibit "A", a formal Petition of Application was filed with LAFCO and accompanied by the written consent of all Owners of land within the territory proposed to be annexed and which is the subject of this agreement. On June 14, 2001, LAFCO approved the Petition for Annexation on conditions, among which, was that the Owners of all affected parcels involved in the annexation Petition execute and record an agreement by C Fti i Recorders Office County Of Narin JOAN C. THAYER Recorder When recorded mail to: RES FE& •� .00 2eel=eene22 City of San Rafael REC FEE •00 Department of Public Works TOTAL .80 1400 Fifth Avenue NO P.O. Box 151560 TOT�7ENDEREI) CHS •08 San Rafael, CA 94915-1560 63 :15PN 19 -Nov -2001 20011119000143 91 00 Attention: David Bernardi, Director Thank You Have A Nice Day SPACE ABOVE THIS LINE FOR RECORDER'S USE (NOTE: CERTIFIED COPY OF CITY OF SAN RAFAEL RESOLUTION NO. 10953, ADOPTED 11/5/01, ATTACHED) AGREEMENT REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY TO THE CITY OF SAN RAFAEL (Annexation of the Lands of Thurman to the San Rafael Sanitation District) This Agreement is made and entered into this 2e-�' day of Sebtr-Mher , 2001, between the CITY OF SAN RAFAEL ("City") and STEPHEN CRUTCHFIELD and MAXINE LAMPERT ("Owners") and is based upon the following facts and circumstances: (a) Owners hold fee title to that certain real property ("the Property") as more particularly described in Exhibit "A" attached hereto; (b) As a result of a proposal for annexation of certain territory more particularly referred to and described in Exhibit "A", a formal Petition of Application was filed with LAFCO and accompanied by the written consent of all Owners of land within the territory proposed to be annexed and which is the subject of this agreement. On June 14, 2001, LAFCO approved the Petition for Annexation on conditions, among which, was that the Owners of all affected parcels involved in the annexation Petition execute and record an agreement by C Fti i the terms of which each property owner involved agreed not to oppose any future annexation of any of the herein referenced real property to the City of San Rafael if such annexation should in the future be initiated by the City; (c) The City has agreed to defer annexation of the Owners' property on the conditions set forth hereinafter in this agreement, and consistent with the pertinent provisions of LAFCO Resolution No. 01-14 attached hereto as Exhibit "B" and incorporated. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. Owners agree on behalf of themselves, their heirs, successors and assigns that in the event any future proceedings for annexation of Owners' property shall be initiated by the City, Owners shall neither directly nor indirectly oppose or protest such annexation. 2. Owners agree that the obligations recited herein shall run with the Owners' property and that the property shall be held, conveyed, hypothecated, encumbered, leased, rented, used and occupied subject to the provisions of this Agreement and that the obligations undertaken by Owners hereunder shall be binding on all parties having or acquiring any right, title or interest in the property. DATED: r,;rlP . -a-(r' , 2001. DATED: ::A� Z(,, , 2001. OWNERS: CALIFOaNIA ALL-PURPOSE .ACKNOWLEDGMENT :�'�:: �:'!�,<;C`,(,1;:�;C';(;<w;!'.r,;!`,`lx;l`;r�l`,�,��;!`,(;!`,Cl;•Gl';f,'r �1;:�.'�:G�:4�::G'�::C�::G�::G`�:G�`�..:G�:.�i.. l' 1' Slate of- CALT EN- A 1•: ly County of MARIN On C�/ Z` 2001 before me, N.MOSIIIRI, NOTARY PUBLIC Uale Name end lilts of 011lcer-ie.g.,'Jane Uoe, Notary Public') personally appeared 5. C i, WT C+-1 F I UL li -.9 LAMP C(2-7 Namels) of Slgnerls N. MOSHIRI commission 1319179 z s Notary Public - Colifomia _ Marin County My Comm. BPM Sep Y6, 20M5 ❑ ersonally known tome roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within Instrument and acknowledged to me that W91 eAhey, executed the same in his,Mr/their authorized capacity(ies), and that by hisfher/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. Slgnelure of Nolary Public OPTIONAL Tllougll life information below is nut required bylaw, it may prove valuable to persons relying on Ills document and could prevent fraudulent removal and reattachment of this loran to another document. Description of Attache/nd� Document Title or Type of Document: Document Dale: `�� l of Signer(s) 011ier Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: eIIndividual Corporate Officer Tille(s): U '-Partner — I_ I Limited U General L_I Attorney -in -Fact 1_1 Trustee LI Guardian or Conservator 1.1 Other: lulf ul thumb liere Signer Is Representing: / Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — U Limited U General U Attorney -in -Fact ❑ Trustee Cl Guardian or Conservator WI : A rI • IM U Other: lul, of thumb hole Signer Is Representing: 0 1990 National Nulaty Assocluliun - 0236 nemotel Ave, P.O. Born 7184 - Caivega Palk, CA 91909-7104 Pied. No. 5907 neomder: Coll lit rmu 1 000 070 6027 CITY OF SAN RAFAEL DATED: /1'r , 2001 By: ' AOlfffRVO�,/Mayor ATTEST: JeaMeteoncini, Gity Clerk CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Marin On Nov. 19, 2001 Date personally appeared , before me, Albert J. Boro ss. Nancy Eurman, Notary Public Name and Title of Officer (e.g.. "Jane Doe, Notary Public) Name(s) of Signer(s) ' XXpersonally known to me ❑ proved to me on the -basis of satisfactory evidence to be the personw whose namew&l fire— subscribed to the within instrument and acknowledged to me tha�qsh€/tiw"xecuted the same in �hat7ti�eir authorized r NANCY EURMAN � capacity(ias)�_ and that by &h6r–/0etr COMM. #1248639 D d signature(rsj�on the instrument the person(sor, •® , NOTARY PUBLIC -CALIFORNIA Q MAIZNCOUNTY 0 the entity upon behalf of which the personko MY Comm. Expires Feb. 4, 2004 acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above alum of Notary Pub !c 1 A t 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: Agree, re Future Proceedinqs for Annexation of Real Prop, to CSR (Lands of Thurman to SRSD) Document Date: Sept. 26, 2001 Number of Pages: - Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Albert J. Boro ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — [ ) Limited IJ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator M Other: ('payor Stephen Crutchfield & Maxine Lampert Signer Is Representing: City of San Rafael HIGH I- l HUMBPRINT OF SIGNER ©1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No, 5907 Reorder. Call Toll -Free 1-800-876-6827 July 5, 2001 ANNEXATION of the LANDS of TRURMAN to the San Rafael Sanitation District Mapping No. 05/01 LEGAL DESCRIPTION — LOT 16 EXHIBIT "A" Beginning at a point on the San Rafael Sanitation District boundary line, said point also being the westerly property comer of the Lands of Crutchfield and Lampert described as Lot 16, as shown upon that certain map entitled, "Map of Bayside Acres, Subdivision No. 2", filed for record November 29, 1913 in Volume 4 of Maps, at page 61, Marin County Rceords, State of California; thence along said property In c, also being the San Rafael Sanitation District boundary line, S 61°27'50" E, 333.71 ft.; thence leaving; the said San Rafael Sanitation District boundary line and continuing along said property line, N 25°04'17" F, 163.50 ft. to the southerly line of Bayview Dr.; thence along said southerly line, N 69°4243" W, 54.98 ft.; thence N 47°42'43" W, 110.74 ft.; thence leaving the southerly line of Bayvicw Dr. S 70°14'42" W, 243.30 ft. to the point of the beginning. Said Annexation contains .971 acres more or less. EXHIBIT "B" MARIN LOCAL AGENCY FORMATION COMMISSION RESOLUTION NO. 01-14 RESOLUTION MAKING DETERNIINATIONS AND APPROVING ANNEXATION WITH WAIVER OF NOTICE, HEARING AND ELECTION TO SAN RAFAEL SANITATION DISTRICT "Annexation of the Lands of Thurman to San Rafael Sanitation District (File 1201)" WHEREAS, a proposal for the annexation of certain territory to the San Rafael Sanitation District in the County of Marin has been filed with the Executive Officer of this Local Agency Formation Commission pursuant to Title 5, Division 3, commencing with Section 56000 of the Government Code; and WHEREAS, said proposal was made in the form of a petition filed by the property owners; and WHEREAS, said petition was signed by all owners of land within the territory proposed to be annexed; and WHEREAS, pursuant to Government Code Section 56663, when an application is accompanied by written consent signed by all owners of land within the territory proposed to be annexed, this Commission may make determination with respect to said annexation without notice and hearing; and WHEREAS, pursuant to Government Code Section 56663(c), the affected territory is uninhabited; all the owners of land within the affected territory have given their written consent; and the affected local agency that will gain territory, San Rafael Sanitation District, has consented in writing to a waiver of conducting authority proceedings, this Commission may make determination with respect to said application with waiver of conducting authority proceedings; and WHEREAS, the Executive Officer has reviewed the proposal and prepared a report, including a recommendation thereon, the proposal and report having been presented to and considered by this Commission. NOW THEREFORE, the Marin Local Agency Formation DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: Section 1. The boundaries, as set forth in the proposal, are hereby approved as submitted and are as described in Exhibit "A" and "B" attached hereto and by this reference incorporated herein. Resolution 01-14 -2- June 14, 2001 Section 2. The territory includes 3.78 acres, is found to be uninhabited, and is assigned the following distinctive short form designation: ."Annexation of the Lands of Thurman to San Rafael Sanitation District (File #1201)". Section 3. The proposal is consistent with the adopted sphere of influence for San Rafael Sanitation District. Section 4. Approval of the proposal is granted subject to the following conditions: A. Proceedings for the annexation shall not be completed until the applicant and the City of San Rafael execute and record an agreement wherein: 1) The property owner agrees on behalf of himself, his heirs, successors and assigns that, in the event any future proceedings for the annexation of the property to the City of San Rafael shall be initiated by the City, the owner shall neither directly nor indirectly oppose or protest such annexation; and 2) That the owner agrees that his obligations under the agreement shall run with the property and that the property shall be held, conveyed, hypothecated, encumbered, leased, rented, used and occupied subject to the provisions of the agreement and that the obligations undertaken by the owner shall be binding on all parties having or acquiring any right, title, or interest in the property. Section 5. The Executive Officer is hereby authorized to complete annexation proceedings and directed to mail certified copies of the resolution in the manner prescribed by Section 57000 et seq. of the Government Code. PASSED AND ADOPTED by the Marin Local Agency Formation Commission on this 141h day of June, 2001 by the following vote: AYES:- Commissioners Bach, Blanchfield, Chapman, Heller and Rodoni NOES: None ABSENT: Commissioners Kress and Murra L JEFFRY BLANCHFIELD, Chairperson ATTEST: PETER V. BANNING, Exec tiv Officer July 5, 2003 EXHIBIT A ANNEXATION of the LANDS of TRURMAN to the San Rafael Sanitation District Mapping No, 05/01 LEGAL DESCRIPTION — LOT 16 Beginning at a point on the San Rafael Sanitation District boundary line, said point also being the westerly property cotter of the Lands of Cnrtchfield and Lampert described as Lot 16, as shown upon that certain map entitled, "Map of Bayside Acres, Subdivision No. 2", filed for record November 29, 1913 in Volume 4 of Maps, at page 61, Marin County Rccords, State of California; thence along said property lnic, also being the San Rafael Sanitation District boundary line, S 61°27'50" E, 333.71 ft.; thence leaving the said San Rafael Sanitation District boundary line and continuing along said property line, N 25°04'17" F, 163.50 ft. to the southerly line cif Bayview Dr.; thence along said southerly line, N 69°42'43" W, 54.98 ft.; thence N 47°4243" W, 110.74 ft.; thence leaving; the southerly line of Bayview Dr. S 70°14'42" W, 243.30 ft. to the point of the beginning. Said Annexation contains .971 acres more or less. a o in 0 n N o�Wo� �o F V �kol �� Q � m rn o A bco 0 �O% o Zg t wmr 4 'a N 25o07' E 163.50.01 y Qz r 41 ?� Ln Q n iv z A th -0 D 0 Z ri o O m i p rnS F i 1 ns yy j OI+ CD a �JO bf N � •� CD iC O o SU� O nl z `�• k' � , z 1 + Q op' s i r+ Q 7 fD _ O —11 n 0 f CO ^ /1 m `V�' \ E n r ID Z O a m N o�Wo� � F V �kol �� o Ridge Dr. m rn S 2ro7•ir w aoJsr A bco 0 �O% o Zg t wmr 4 'a N 25o07' E 163.50.01 y Qz r 41 ?� Ln _ y n iv >�°•� UUI A th ? 2 Z ri S O m i p rnS F i 1 ns yy j OI+ 1 m N o�Wo� oar F V �kol �� c Ridge Dr. rxismo sAN RAFAa SANI>goN Dlsmici BOUNDARY S 2ro7•ir w aoJsr A bco 0 �O% t wmr ^ 'a N 25o07' E 163.50.01 t rn r ?� r iv >�°•� UUI i f z - VI� iA S m i p rnS F i 1 ns yy j OI+ 1 �JO bf N � •� fir• i o m 2 r 'G 1. nl z `�• k' � , z 1 + Y op' s i o�Wo� oar V �kol �� ♦vim? y? Ridge Dr. •A j � A bco 0 �O% t wmr ^ N 25o07' E 163.50.01 f f —• ?� O a? � g, Oy h ns r Ay� i1 Y op' s