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Home My WebLink AboutCC Resolution 10902 (352 Summit Avenue)RESOLUTION NO. 10902 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND SREEDHARAN VIJAYARANGAM REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY AT 352 SUMMIT AVENUE, APN 016-021-35 TO THE CITY OF SAN RAFAEL BE IT RESOLVED, by the Council of the City of San Rafael as follows: WHEREAS, Sreedharan Vijayarangam is the owner of real property located at 352 Summit Avenue, APN 016-021-35; and WHEREAS, Sreedharan Vijayarangam applied to the San Rafael Sanitation District to connect to the District Sewer Line; and WHEREAS, the property APN 016-021-35 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, Sreedharan Vijayarangam has 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 Monday, the 201h day of August, 2001, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips JE�LEONCINI, City Clerk 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 Recorders Office County Of Marin ,TORN C. THAYER Recorder 200RE1C-0FEE .08 TOTAL .00 NO FEE .00 TOTAL TEWERED • 00 CHS .00 110:17PM 23 -Rug -M1 2NIW3"15 SPACE ABOVE THIS LINE FOR RECORDER'S USE (NOTE: CERTIFIED COPY OF CITY OF SAN RAFAEL RESOLUTION NO. 10902, ADOPTED 8/20/01, 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 IbTH day of , 2001, among the CITY OF SAN RAFAEL ("City") and SREEDHARAN VIJAYARANGAM ("Owner') and is upon the following facts and circumstances: (a) Owner holds 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 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. Owner agrees on behalf of himself, his heirs, successors and assigns that in the event any future proceedings for annexation of Owner's property shall be initiated by the City, Owner shall neither directly nor indirectly oppose or protest such annexation. 2. Owner agrees that the obligations recited herein shall run with the Owner's 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 Owner hereunder shall be binding on all parties having or acquiring any right, title or interest in the property. OWNER: DATED: F1vr,,,,s'r �6TEl , 2001. SREEDHARAN VIJAYARANGAM CALIFORNIA ALL-PURPOSe ACKNOWLEDGMENT rrrr rrrr'rrrrr r rr'r rrrrr. F te of _ CQL4Drn IG, County of Cir, it i On } "4__2JNQ L_ before me, MIAJ. MQi f4h, N -Pibl It C', u DATE NAME, TITLE OF OFFICER - Et, "JANE DOE, NC7fARY PUBLIC" personally appeared S rec6l1afCLA V JQ aA , ME(S) OF SI ER(S) ❑ personally known to me - OR - N proved to me on the basis of satisfactory evidence to be the person' whose name* is/a� subscribed to the within instrument and ac- knowledged to me that he/s`#</tom executed the same in his/>Ate11Y authorized capacity(,N�, and that by hisl�rah<ir signature,K on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. ou ELAINE J. MALFATTI Carrm. 1192489 WITNESS my hand and official seal. �? NOTARY PUBLIC -CALIFORNIA ``• ` Marin Count, tty Comm. Exp'm Aug, 7, 200&_=L a ibL OV (GNAT OF NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ElGENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7164 - Canoga Park, CA 91309-7184 CITY OF SAN RAFAEL DATED: 2001 By: / '. --) 4LTPO, Mayor ATTEST: anne Leoncim,, City Clerk CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I ss. County of Marin On Aug. 21, 2001 before me, Nancv Eurman, Notary Public Date Name and Title of Officer (e.g., 'Jane Doe. Notary Public') personally appeared Albert J. Boro , Name(s) of Signer(s) Upersonally known to me ❑ proved to me on the basis of satisfactory evidence Place Notary Seal Above to be the personal whose name(,!,) oaf subscribed to the within instrument and acknowledged to me a0s)�p/th1gy executed the same in hi' l*/their authorized capacity(i , , and that by his '*r signature'iW-on the instrument the person(&}, or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. �gnature 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 TitleorTypeofDocument: Agree. Re Future Proceedings for Annexation of Peal P to CSR (Annexation of Lands of Catchpool to SRSD) Document Date: ._ August 16, 2001 _ _ Number of Pages: Nine Signer(s) Other Than Named Above: Sreedharan Vi,iayarangam, Owner Capacity(ies) Claimed by Signer Signer's Name: Albert J. Boro- L-' Individual Top of thumb here C Corporate Officer — Title(s): L] Partner —I ] Limited [ 1 General Attorney in Fact N Trustee Guardian or Conservator M Other:Pl�r.-- Signer Is Representing: Ci ty of_ San Rafael 1997 Nalioral Notary Association • 9350 De Sala Ave P 0 Box 1402 - Chatsworth, CA 91313-2402 Prod. No 5907 Reorder Call Toll Free 1 800-876 6827 2 r NANCY EURMAN 0 COMM. 81248639 1 1 �!i NOTARY PUBLIC -CALIFORNIA 0 MARIN COUNTY ,11 - - - — My Comm. Fjorec Feb. 4,1004 — — — — — — — a Place Notary Seal Above to be the personal whose name(,!,) oaf subscribed to the within instrument and acknowledged to me a0s)�p/th1gy executed the same in hi' l*/their authorized capacity(i , , and that by his '*r signature'iW-on the instrument the person(&}, or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. �gnature 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 TitleorTypeofDocument: Agree. Re Future Proceedings for Annexation of Peal P to CSR (Annexation of Lands of Catchpool to SRSD) Document Date: ._ August 16, 2001 _ _ Number of Pages: Nine Signer(s) Other Than Named Above: Sreedharan Vi,iayarangam, Owner Capacity(ies) Claimed by Signer Signer's Name: Albert J. Boro- L-' Individual Top of thumb here C Corporate Officer — Title(s): L] Partner —I ] Limited [ 1 General Attorney in Fact N Trustee Guardian or Conservator M Other:Pl�r.-- Signer Is Representing: Ci ty of_ San Rafael 1997 Nalioral Notary Association • 9350 De Sala Ave P 0 Box 1402 - Chatsworth, CA 91313-2402 Prod. No 5907 Reorder Call Toll Free 1 800-876 6827 2 September 6. 2000 EXHIBIT "A" CATCHPOOL ANNEXATION TO SAN RAFAEL SANITATION DISTRICT MAPPING NO. 14100 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 corner 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 68° 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 550 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 361 46' West 4.35 feet to a corner 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 Catchpool and Christopher J. Catchpool 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 850 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 Catchpool (DN 94-028493) North 630 40' East 161.34 feet; South 561 34' 50" East 200.232 feet to the most easterly corner of said Lands of Catchpool (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 North 68° 06' 10" East 150.00 feet; thence leaving the boundary line of the San Rafael Sanitation District and running North 68° 06' 10" Fast 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 721 46' East 104.28 feet; thence South 661 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 660 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° 15' West 220.91 feet; South 341 37' East 25.00 feet; and South 79° 16' West 172.00 feet to the POINT OF BEGINNING. CONTAINING an area of 5.33 acres, more or less. 6101 Anncz.doc 9/6/00 "EXHIBIT B" 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)". Resolution 00- 19 -2- September 14. 2000 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 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 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 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. 13ANNING, Ex tive Officer September 6, 2000 EXHIBIT "A" 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 681 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 tine 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 36° 46' West 4.35 feet to a corner of said Lands of Finnegan (DN 96-038521); running thence along the northeasterly line of Summit Avenue and the southwesterly line of the lands granted to John Francis Catehpool and Christopher J. Catchpool 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 850 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 Catehpool (DN 94-028493); thence leaving said northeasterly line of Summit Avenue and running along the northerly and easterly line of said Lands of Catchpool (DN 94-028493) North 630 40' East 161.34 feet; South 56° 34' 50" East 200.232 feet to the most easterly corner of said Lands of Catchpool (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 North 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 comer 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° 15' West 220.91 feet; South 34° 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 doe 9/6/00 01" eoo 11 W m Q N OV V gm WWO zz� CL J Q N S1ryy�� 1/, 73b►��► tl No's z Q C7 W z zit. LL L N L N W L O o m 0 m CO °89 zzo Jao �N O o N U LL N co O O N co m o T ,,ww VM a'� J CL G Q zO � �l 2S� � c'O 9 �� 'bb / .,Yo I, N W cri W ~ � U v Q z � w O N LLJ O Z a Ul cc 0 vi Z O J p 0 O U Q x00a�c � z co z Z ��m/� CO)C/� Q VJ Q U .w EXHIBIT "B" 0 z FL a a a 0 C4 Q N _ Z t � o LLQ N C z a z� J > Q C W m Q N OV V gm WWO zz� CL J Q N S1ryy�� 1/, 73b►��► tl No's z Q C7 W z zit. LL L N L N W L O o m 0 m CO °89 zzo Jao �N O o N U LL N co O O N co m o T ,,ww VM a'� J CL G Q zO � �l 2S� � c'O 9 �� 'bb / .,Yo I, N W cri W ~ � U v Q z � w O N LLJ O Z a Ul cc 0 vi Z O J p 0 O U Q x00a�c � z co z Z ��m/� CO)C/� Q VJ Q U .w EXHIBIT "B" 0 z FL a a a 0