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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