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 y�cferc:r,�>�.c:t�.c�c`,c-:ec-:t�.ecc=csi-:ci-eix.�ccri-:F.�icser�:t�.c:rc=:cs�:c•.c�.c:rc �C`.�cr=c•.c.�('.e:(�.�•r.,ercc 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: �^a=<,r=ccc,�cc^�,c.,�,. �.. �,..�.�..,�..,_•:�cc>ccx_=c�=c�:�:�.�,�u:�=�:��^cc:�=�.�.-c:c�=o�x_=cx=�.�c:c�.�`c.�c.�cv^�c'utic.-cc �...,�,.�.... ,.' 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 r NANCY EURMAN > 0 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 Q� ►{ACC �C No. 30465 t, •,G� :z N uJ: rn M : -v N l �� 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" 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� :z N uJ: rn M : -v N l �� 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