HomeMy WebLinkAboutCC Resolution 10887 (344 Summit Ave.)RESOLUTION NO. 10887 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND CLAUDE H. AND MICHELINE LAMBERT REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY AT 344 SUMMIT AVENUE, APN 016-021-22, TO THE CITY OF SAN RAFAEL BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, Claude H. and Micheline Lambert are the owners of real property located at 344 Summit Avenue, APN 016-021-22; and WHEREAS, Claude H. and Micheline Lambert applied to the San Rafael Sanitation District to connect to the District Sewer Line; and WHEREAS, the property APN 016-021-22 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. 00-19; and WHEREAS, Claude H. and Micheline Lambert 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". 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, and the Public Works Director is directed to record such agreement with the County Recorder. 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 6`h day of August, 2001, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen JEA �M. LEONCYNI, City Clerk File No.: 02.02.15 When recorded mail to: City of San Rafael Department of Public Works 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 Attention: David Bernardi, Director 210M 1 —1010S 1 SE6GD Recorded Official Records County Of Marin JOAN C. THAYER Recorder 10:59AN 14 -Aug -Ml REC FEE .00 wendy Page 1 of 11 SPACE ABOVE THIS LINE FOR RECORDER'S USE (NOTE: CERTIFIED COPY OF CITY OF SAN RAFAEL RESOLUTION NO.10887, ADOPTED 8/6/01, ATTACHED) AGREEMENT REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY TO THE CITY OF SAN RAFAEL (Annexation of the Lands of Catchpool to the San Rafael Sanitation District) This Agreement is made and entered into this 215V day of 1hVV v,C4,v , 2001, between the CITY OF SAN RAFAEL ("City") and CLAUDE H. LAMBERT AND MICHELINE LAMBERT ("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 September 14, 2000, 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 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 Owner's property on the conditions set forth hereinafter in this agreement, and consistent with the pertinent provisions of LAFCO Resolution No. 00-19 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. OWNERS: DATED: , 2001. CLA DE H. LAMBERT DATED: d.3 /� ( , 2001. al - 0, e MICHEgNE LAMBERT' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Marin ss. On Aug. 10, 2001 before me, Nancy Eurman, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Claude H. Lambert Name(s) of Signer(s) :. personally known to me XX proved to me on the basis of satisfactory evidence to be the personQs whose name)is al* subscribed to the within instrument and acknowledged to me hat ie s,tW/t*y executed the same in hl h r/ti_*ir authorized capacity(iAts), anY that by hi I�Ssr/their signature(z-,)-on the instrument the personN), or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. /7 Place Notary Seal Above �_-n.ture of Notary Public 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 Tye of Document: _. Agree. Re Future Proceedings for Annexation of Real Prop, to the City of San Rafael (Lands —o—f—CatchpooI to SRSD) Document Date:. 11arch 21, 2001 Number of Pages: Signer(s) Other Than Named Above: Pli chel i ne Lambert and Albert J. Boro Capacity(ies) Claimed by Signer Signer's Name: Claude H. Lambert iMMUINi,:. , H Individual e ❑ Corporate Officer — Title(s): Top of thumb here ❑ Partner — El Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 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 /� A A A A A r NANCY EURMAN 0 COMM. #1248639 NOTARY PUBLIC -CALIFORNIA 0 MARIN COUNTY My Comm, Expires Feb. 4, 2004 :. personally known to me XX proved to me on the basis of satisfactory evidence to be the personQs whose name)is al* subscribed to the within instrument and acknowledged to me hat ie s,tW/t*y executed the same in hl h r/ti_*ir authorized capacity(iAts), anY that by hi I�Ssr/their signature(z-,)-on the instrument the personN), or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. /7 Place Notary Seal Above �_-n.ture of Notary Public 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 Tye of Document: _. Agree. Re Future Proceedings for Annexation of Real Prop, to the City of San Rafael (Lands —o—f—CatchpooI to SRSD) Document Date:. 11arch 21, 2001 Number of Pages: Signer(s) Other Than Named Above: Pli chel i ne Lambert and Albert J. Boro Capacity(ies) Claimed by Signer Signer's Name: Claude H. Lambert iMMUINi,:. , H Individual e ❑ Corporate Officer — Title(s): Top of thumb here ❑ Partner — El Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Mari n ss. County of _ On _Aug. 10, 2001 before me, Nancy Eurman, Notary Public Date Name and Title of Officer (e g, "Jane Doe Notary Public) personally appeared Hi chel i ne Lambert Name(s) of Signer(s) r W NANCY EURMAN 0 COMM #1249639 d "rm NOTARY PUBLIC -CALIFORNIA J MARIN COUNTY O C My Comm. Expires Feb 4. 2004 O personally known to me XX proved to me on the basis of satisfactory evidence to be the personN whose name*(9aA subscribed to the within instrument and acknowledged to me that bosh /thy executed the same in N_-&/thg)r authorized capacity(i), and that by +sthsir signatures 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. Place Notary Seal Above Slvnature of Notary Public 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: Aqree. Re Future Proceedi nqs for Annexation of Real Prop, to the City of San Rafael (Lands of Catchpool to SRSD) Document Date: March 21, 2001 Number of Pages: Signer(s) Other Than Named Above: Claude H. Lambert and Albert J. Boro Capacity(ies) Claimed by Signer Signer's Name: Hi chel i ne Lambert X1 Individual ' Corporate Officer — Title(s): Top of thumb here ❑ Partner — n Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Q 1997 National Notary Assoc:a!ion - 9350 De Soto Ave.. P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CITY OF SAN RAFAEL DATED: 0�,,wwAA uSf! r 3 , 2001 By: � � v` -i ALDtRT B05e, Mayor ATTEST: Sf. c, - &ecv , per �6 raRJeartne -Le'oncini, City Clerk CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ur.. 0..,7,•.a..,, r.,,..: Free Frcrrc�c�crEc>ccsccscrcrcc�r� c� c r�-ro=c r c��r�sr: State of California County of Mari n ss. On Aug. 13, 2001 , before me, Nancy Eurman, Notary Public Dale Name and Tills of Officer (e.g., "Jane Doe, Notary Public") F personally appeared Albert J. Boro r Name(s) of Signer(s) ' fiXXpersonally known to me ❑ proved to me on the basis of satisfactory evidence fi to be the person whose name(!,-) ane I : subscribed to the within instrument and acknowledged to me thaCheiWiftftay executed (r " the same in Lfi�i4er/thoruthorized l: NANCY EURMAN capacity(ig�S), and that by h4r/ths#_ it + COMM it1248639 > signaturet;3} on the instrument the person, or vNOTARY PUBLIC -CALIFORNIA MARINCOUN7Y O the entity upon behalf of which the Person (s�- My Comm. Expires Feb. 4, tow acted, executed the instrument. WITNESS my hand and official seal. I� Pace Notary Seal Above Si�ripture of Notary Pu 116 c ICC f fi OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document fiand could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Agree. re Future Proceedings for Annexation of Real Prop, to U.)K (Lands of Catchpool) Document Date: March 21, 2001 _ Number of Pages: fi Signer(s) Other Than Named Above: Claude H. & Pli chel i ne Lambert fi fi Capacity(ies) Claimed by Signer Signer's Name: Albert J. Boro t Fa Individual ' Top of thumb here (, ❑ Corporate Officer — Title(s): _ — (: ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator . IX Other: Playor fi fi Signer Is Representing: City of San Rafael ©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 1-19-2001 11:14AM FROM' '\TCHPOOL/GUROY 415 332 2676 P.6 September 6, 2000 EXHIBIT 'A0 CATCHPOOL ANNEXATION TO SAN RAFAEL SANITATION DISTRICT MAPPING NO. 14/00 BEGINNING at the most southwesterly corner of the lands granted to Claude H. Lambert and Micheline Lambert in that certain Joint Tenancy Grant Deed recorded July 15, 1970 in Book 2387 at page 407, Official Records of Marin County, said comer being also on the boundary of the San Rafael Sanitation District, thence leaving said District Boundary and running along the southwesterly line of Lambert and the northeasterly line of Summit Avenue northerly 98.96 feet along a curve concave to the northwest whose center bears South 690 11' West 120.00 feet; thence North 680 04' West 46.64 feet to the northwesterly corner of said Lands of Lambert (2387 OR 407); running thence along the northeasterly line of Summit Avenue and the southwesterly line of the lands granted to Sreedharan Vijayarangam in that certain Grant Deed recorded August 14, 1998 as Document No. 1998-0057202, Official Records of Marin County northwesterly 95.784 feet (108.07 feet calculated) along a curve concave to the northeast having a radius of 480.00 feet; thence North 55° 10' West 64.53 feet to the most westerly corner of said lands of Vijayarangam (DN 1998-0057202); running thence along the northeasterly line of Summit Avenue and the southwesterly line of the lands granted to B. James Finnegan and Merrily H. Finnegan, as Trustees of the 1996 Finnegan Family Trust in that certain Grant Deed recorded July 17, 1996 as Document No. 96-038527, Official Records of Marin County northwesterly 89.92 feet along a curve concave to the northeast having a radius of 280.00 feet; thence North 360 46' West 4.35 feet to a comer of said Lands of Finnegan (DN 96-038527); running thence along the northeasterly line of Summit Avenue and the southwesterly line of the lands granted to John Francis Catehpool and Christopher J. Catehpool in that certain Joint Tenancy Grant Deed recorded April 5, 1994 as Document No. 94-028493, Official Records of Marin County; northwesterly 117.10 feet (120.99 feet calculated) along a curve concave to the southwest having a radius of 120 feet; thence South 851 20' West 33.37 feet; thence northwesterly 86.78 feet (86.65 feet calculated) along a curve concave to the northeast having a radius of 60.00 feet; thence North 110 48' West 210.59 feet to the most westerly corner of said Lands of Catchpool (DN 94-028493); thence leaving said northeasterly line of Summit Avenue and running along the northerly and easterly line of said Lands of Carchpool (DN 94-028493) North 630 40' Easr 161.34 feet; South 560 34' 50" East 200.232 feet to the most easterly corner of said Lands of Carchpool (DN 94-028493), said point being also on the boundary of the San Rafael Sanitation District; running thence along the northerly line of said Lands of Finnegan (DN 96-038527) and the boundary of the San Rafael Sanitation District Noah 680 06' 10" East 150.00 feet; thence leaving the boundary line of the San Rafael Sanitation District and running North 68° 06' 10" East 70.00 feet to the most northeasterly corner of said Lands of Finnegan (DN 96-038527); thence southerly along the easterly line of said Lands of Finnegan (DN 96-038527) and said Lands of Vijayarangam (DN 1998-0057202) South 2° 39' 20" West 215.74 feet; running thence along the northeasterly line of said Lands of Vijayarangam (DN 1998-0057202) South 72° 46' East 104.28 feet; thence South 66° 47' East 19.38 feet to the most easterly comer of said Lands of Vijayarangam (DN 1998-0057202); thence along the northeasterly line of said Lands of Lambert (2387 OR 407) South 66° 47' East 115.85 feet to the most easterly corner of said Lands of Lambert (2387 OR 407) and the boundary of the San Rafael Sanitation District; running thence along the easterly and southerly line of said Lands of Lambert (2387 OR 407) and the boundary of the San Rafael Sanitation District South 3° 1,5' West 220.91 feet; South 340 37' East 25.00 feet; and South 790 16' West 172.00 feet to the POINT OF BEGINNING. CONTAINING an area of 5.33 acres, more or less. 6701 Annex doc Wr.1 , 1-19-2001 11-13AM FROM rATCHPOOL/GUROY d1S 332 2676 P.d MARIN LOCAL AGENCY FORMATION COMMISSION RESOLUTION NO.00-19 RESOLUTION MAKING DETERMINATIONS AND APPROVING ANNEXATION WITH WAIVER OF NOTICE, HEARING AND ELECTION TO SAN RAFAEL SANITATION DISTRICT "Annexation of the Lands of Catchpool to San Rafael Sanitation District (File 1184)" 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 owner; and WHEREAS, said petition of application was accompanied by written consent signed by all owners of land within the territory proposed to be annexed; and WHEREAS, pursuant to Government Code Section 56837, when a resolution of 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 56837(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. Section 2 The territory includes 5.33 acres, is found to be uninhabited, and is assigned the following distinctive short form designation: "Annexation of the Lands of Catchpool to San Rafael Sanitation District (File #1184)". 1-19-2001 11.14AM FROM 'TCHPOOL/GUROY 415 332 2676 P_5 Resolution 00-19 -2- September 14, 2000 Section 3_ The proposal is consistent with the adopted sphere of influence for 5an Rafael Sanitation District- Section istrict Section 4. Approval of the proposal is granted subject to the following terms and conditions: A. The applicant shall provide a corrected map and legal description including the designated short form title of the proposal and other specifications of the County Surveyor. B. Proceedings for the annexation shall not be completed until owners of parcels 16-021-35 and 16-021-22 and the City of San Rafael execute and record separate agreements wherein 1) Each 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 theproperty. • 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 56853 of the Government Code. PASSED AND ADOPTED by the Marin Local Agency Formation Commission on this 14th day of September, 2000 by the following vote: AYES: Commissioners Blanchfield, Chapman, Heller, Hennessy, Kress, Murray, and Quesada NOES: None ABSENT: Commissioner Warc JEFFRY BLANCHFIELD, Chairperson ATTEST: PETER V. BANNING, Ex tive Officer