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HomeMy WebLinkAboutCC Resolution 10810 (280 Highland Avenue)RESOLUTION NO. 10810
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY AND JAMES AND ANNE
CAPON REGARDING FUTURE PROCEEDINGS FOR
ANNEXATION OF REAL PROPERTY AT 280 HIGHLAND
AVENUE, APN 016-021-61, TO THE CITY OF SAN RAFAEL
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, James and Anne Capon are the owners of real property
located at 280 Highland Avenue, APN 016-021-61; and
WHEREAS, James and Anne Capon applied to the San Rafael Sanitation
District to connect to the District Sewer Line; and
WHEREAS, the property APN 016-021-61 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. 00-18; and
WHEREAS, James and Anne Capon 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 16`h day of April, 2001, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & P1ayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANNE M. LEONCINI, 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
SPACE ABOVE THIS LINE FOR RECORDER'S USE
AGREEMENT REGARDING FUTURE PROCEEDINGS
FOR ANNEXATION OF REAL PROPERTY TO
THE CITY OF SAN RAFAEL
(Annexation of the Lands of Capon
to the San Rafael Sanitation District)
This Agreement is made and entered into this Z�day of
tr--e5lu►at.�a , 2001, between the CITY OF SAN RAFAEL ("City") and JAMES
AND ANNE CAPON ("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 the filing of a Petition seeking annexation of the
subject property to the San Rafael Sanitation District, the Marin Local Agency
Formation Commission has conducted proceedings and approved the requested
annexation, pursuant to its Resolution No. 00-18 adopted on September 14,
2000, application for such annexation to the San Rafael Sanitation District would
normally require concurrent annexation to the City of San Rafael unless waived
or deferred; and
(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. 00-18 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: <A'4 e-V&,,,C&j2001. ti
ANNE CA ON b
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of
cS�r�l�� 1'��1� C� S � SS.
�Q•� It d On U7 (before me, /'!�A(D,�
,
7 Dale/• Nam d Title A of O cer e.
h -M t V ffl D ( %lane Doe, Notary Public")
personally appeared /U�/(-J N ,
Name(s) of Signer(s)
personally known to me
proved to me on the basis of satisfactory
evidence
l
VIVIAN A. DE VEDA
tl Commission # 1217010
I ? Notary Public - CaGfanki
M.-7.7courdy
Place Notary Seal Above
to be the personal whose name(s) is/afe
subscribed to the within instrument and
acknowledged to me that he/s4e*tey executed
the same in his/hefdthutr authorized
capacity(ies), and that by his/herftt'reir
signature(s) on the instrument the person(a), or
the entity upon behalf of which the person(&)
acted, executed the instrument.
WITNESSrand hand aLdoffcial se I.
Signature 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:
Document Date:m�PdG ber of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer — e(s):
❑ PaZor
d ❑ General
❑ Att
❑ Tr
❑ Guvator
❑ Ot
Signer Is Representing:
Top of thumb here
© 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
County of J
On 2� before
Date Name and Title of Officer (e g "Jane Doe, Noa!ry blic") �r
personally appeared �i(/il/� 4.sdw,4
Name(s) of Signer(s)
°' '•, OFFICIAL SEAL -1222230
HOWARD SALKIN Z
U NOTARY PUBLIC - CALIF.
Z COUNTY OF MARIN 1
9 �•' My Comm. Exp. June 25, 20031
personally known to me
Xproved to me on the basis of satisfactory
evidence
to be the person whose nam%41 62re
subscribed to the within instrument and
acknowledged to me that le hey executed
the same in hi their authorized
capacityk< and that by hisq�— heir
signature($"on the instrument the person -(9 r
the entity upon behalf of which the person{
acted, executed the instrument.
WITNESS my nd and fF ial al.
Place Notary Seal Above Signature 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 Doc ment
Title or Type of Document: _ P,-Oo V,arA!: 1 � �� r0
Document Date: �
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claigied by Sigger
Signer's Name:
X Individual Top of thumb here
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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0 1999 National Notary Association - 9350 De Solo Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nallonalnotary,org Prod. No. 5907 Reorder. Call Toll -Free 1 -BOD -876-6827
DATED:/.� �5�, 2001
ATTEST:
anne Leoncini�CiCler�
CITY OF SAN RAFAEL
4,411-
;KLBKRT BORO, Mayor
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Marin
On April 25, 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) '
R*personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person( -whose namelaElhip
subscribed to the with' instrument and
acknowledged to me tha*/tt*y executed
the same in hi /tft&_authorized
capacity(i '), and that by hi /h4r/their
signature(.}-sn the instrument the person(')-, or
the entity upon behalf of which the person(
acted, executed the instrument.
t WITNESS my hand and official seal.
i Place Notary Seal Above Ignature 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 Docu ent: Agree. Re Future Procee-di ngs for -Annexation Df Real
Prop, to CSR Annex, of Lands of Capon to SRSD) (re Reso. 10810)
Document Date: February 26, 2001 Number of Pages: Eleven
Signer(s) Other Than Named Above: James Capon, Anne Capon (& attested by Jeanne
Leoncin
Capacity(ies) Claimed by Signer
Signer's Name: Albert J. Boro
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited [, General
❑ Attorney in Fact
❑ Trustee
J Guardian or Conservator
EX Other: Mavor
Signer Is Representing: Ci tv of San Rafael
Top of thumb here
m 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
f
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NANCY EURMAN
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COMM. it124a639
d �S
NOTARY PUBLIC -CALIFORNIA
MARIN 0
Q
COUNTY
My Comm. Expires Feb. 4, 2004
ss.
Nancy Eurman, Notary Public
Name and Title of Officer (e.g., "Jane Doe, Notary Public')
Name(s) of Signer(s) '
R*personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person( -whose namelaElhip
subscribed to the with' instrument and
acknowledged to me tha*/tt*y executed
the same in hi /tft&_authorized
capacity(i '), and that by hi /h4r/their
signature(.}-sn the instrument the person(')-, or
the entity upon behalf of which the person(
acted, executed the instrument.
t WITNESS my hand and official seal.
i Place Notary Seal Above Ignature 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 Docu ent: Agree. Re Future Procee-di ngs for -Annexation Df Real
Prop, to CSR Annex, of Lands of Capon to SRSD) (re Reso. 10810)
Document Date: February 26, 2001 Number of Pages: Eleven
Signer(s) Other Than Named Above: James Capon, Anne Capon (& attested by Jeanne
Leoncin
Capacity(ies) Claimed by Signer
Signer's Name: Albert J. Boro
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited [, General
❑ Attorney in Fact
❑ Trustee
J Guardian or Conservator
EX Other: Mavor
Signer Is Representing: Ci tv of San Rafael
Top of thumb here
m 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
June 8, 2000 EXHIBIT "A"
ANNEXATION
Of
Lands of Capon
San Rafael Sanitation District
Mapping No. 12/00
Commencing at the Point on the San Rafael Sanitation District Boundary Line, said point also
being the San Rafael Corporate Limit Line, said point also being the southwesterly corner of
Parcel 1 as shown upon that Parcel Map filed in the Marin County Official Records Book 15 of
Parcel Maps Page 35, Marin County Records, State of California; thence N 68°54'59" W, along
the said boundary line 70.00 ft. more or less and thence leaving said District Boundary line and
continuing N 68°06'00" E, 134 ft. more or less to the southwesterly corner of Parcel 3 as shown
upon the Parcel Map filed in the Marin County Official Records Book 15 of Parcel Maps Page
35, Marin County Records , State of California , said point being the True Point of Beginning;
thence along the said Parcel 3 property line, N 3036'53" E, 487.40 ft.; to the right of way of
Highland Ave, thence along Highland Ave S 75'23'14" E, 30 ft.; thence N 70'32'12" E, 127.00 ft.;
thence leaving said Highland Ave S 5°32'29" W, 109.15 ft.; thence S 9°53'29" W, 122.00 ft.,-
thence
t.;thence S 18°52'29" W, 131.40 ft.; thence S 24°29'31" E, 119.10 ft.; thence S 68°54'39" W,
166.00 ft. to the Point of Beginning.
Containing Approximately 1.38 acres.
All Bearings and distances should reflect 15 PM 35.
rjx� -
Parcel 1
APN 016-021-58
(15 PM 35)
A
aQ�
g
H+9ht
Subject_
Parcel
Point Son Pedro Rd
AVG
N 79'47'45' E
h N 7 '
'¢• 61GHO ND AVE
w
3n \
. � 127 AO
Parcel 2
APN 016-021-64
(15 PM 35)
3
0
o a
;`�° is
M O
P.0 -B S 6
APN 016-021-02 P.O.C.
134.00' 70 00'
'4�C�
.00, 64 00' Parcel A
Q (4 PM 52)
\ Son Rafael City Limits &
I (E) San Rafael Sanitation
Sanitary District Boundary
HIGHLAND A VE. ANNEXA 71ON
TO
SAN RAFAEL SAN/TA TION
M.
C
O►ryj
h
r LANDS OF CAPON
280 HIGHLAND AVE.
APN 016-021-61
1.38 ACRES 3
Parcel 3 0
(15 PM 35)gni
h
(Portion of)
Parcel 3
APN 016-021-46
(10 PM 33)
o
�A :
0
wry
Cl
^QRpFESSlON
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A. t H RLS
LA
E OF CALlli
L EGEND
—0-0— PARCEL TO BE ANNEXED
—� �— SAN RAFAEL Cl TY LIMITS &
EXISTING SAN RAFAEL SANI TA TION
DISTRICT BOUNDRY
MAPPING NO. 12 / 00
DISMICT J. L. ENGINEERING
JUNE 6, 2000 CIVIL ENGINEERING AND LAND PLANNING
JOB 00-068
DWG. ANNEX 1539 FOURTH Sr,, SAN RAFAEL, CA. 94901 (415) 457-6647
EXHIBIT "B"
Q
SII
� i
—A
W
rjx� -
Parcel 1
APN 016-021-58
(15 PM 35)
A
aQ�
g
H+9ht
Subject_
Parcel
Point Son Pedro Rd
AVG
N 79'47'45' E
h N 7 '
'¢• 61GHO ND AVE
w
3n \
. � 127 AO
Parcel 2
APN 016-021-64
(15 PM 35)
3
0
o a
;`�° is
M O
P.0 -B S 6
APN 016-021-02 P.O.C.
134.00' 70 00'
'4�C�
.00, 64 00' Parcel A
Q (4 PM 52)
\ Son Rafael City Limits &
I (E) San Rafael Sanitation
Sanitary District Boundary
HIGHLAND A VE. ANNEXA 71ON
TO
SAN RAFAEL SAN/TA TION
M.
C
O►ryj
h
r LANDS OF CAPON
280 HIGHLAND AVE.
APN 016-021-61
1.38 ACRES 3
Parcel 3 0
(15 PM 35)gni
h
(Portion of)
Parcel 3
APN 016-021-46
(10 PM 33)
o
�A :
0
wry
Cl
^QRpFESSlON
Q� ►{ACC �C
No. 30465 t, •,G�
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N uJ: rn
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ip'• 03 31/2004
A. t H RLS
LA
E OF CALlli
L EGEND
—0-0— PARCEL TO BE ANNEXED
—� �— SAN RAFAEL Cl TY LIMITS &
EXISTING SAN RAFAEL SANI TA TION
DISTRICT BOUNDRY
MAPPING NO. 12 / 00
DISMICT J. L. ENGINEERING
JUNE 6, 2000 CIVIL ENGINEERING AND LAND PLANNING
JOB 00-068
DWG. ANNEX 1539 FOURTH Sr,, SAN RAFAEL, CA. 94901 (415) 457-6647
EXHIBIT "B"
EXHIBIT "B"
MARIN LOCAL AGENCY FORMATION COMMISSION
RESOLUTION NO. 00-18
RESOLUTION MAKING DETERMINATIONS AND APPROVING ANNEXATION WITH WAIVER
OF NOTICE, HEARING AND ELECTION
TO SAN RAFAEL SANITATION DISTRICT
"Annexation of the Lands of Capon to San Rafael Sanitation District (File 1182)"
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. Subject to the terms and conditions hereinafter specified, the proposed annexation
is approved.
Section 2. 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 00-18 -2- September 14, 2000
Section 3. The territory includes 1.38 acres, is found to be uninhabited, and is assigned the
following distinctive short form designation: "Annexation of the Lands of Capon to San Rafael
Sanitation District (File #1182)".
Section 4. The proposal is consistent with the adopted sphere of influence for San Rafael
Sanitation District.
Section 5. Approval of the proposal is granted subject to the following terms and conditions:
Proceedings for the annexation shall not be completed until the applicant and the City of San
Rafael execute and record an agreement wherein:
A. 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
B. 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 6. 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 Ware
JEFFRY BLACHFIELD, Chairperson
ATTEST:
4�-Z
PETER V. BANNING, Exe u ve Officer