HomeMy WebLinkAboutCC Resolution 10823 (265 Margarita Dr.)RESOLUTION NO. 10823 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND JAMES W. LEE REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY AT 265 MARGARITA DRIVE, APN 016-011-28, TO THE CITY OF SAN RAFAEL BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, James W. Lee is the owner of real property located at 265 Margarita Drive, APN 016-011-28; and WHEREAS, James W. Lee applied to the San Rafael Sanitation District to connect to the District Sewer Line; and WHEREAS, the property APN 016-011-28 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. 01-01; and WHEREAS, James W. Lee 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 the 7`h day of May, 2001, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller JEANOMEONC NI, City Cierk 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 _Ber. Bernardi, Director MARim ObUN-17 JUN 11 2001 R• ers Office county Of Marin JOAN C. THAYER Recorder 22001-0033598 REC FEE .00 TOTAL .00 NO FEE .00 TOTAL TENDERED .00 CHANGE .00 0 :17PM 11—Jun-2001 20010611000 SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTE:Certified copy of RESOLUTION NO. 10823, adopted by the San Rafael City Council, 5/i/O1, is attached AGREEMENT REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY TO THE CITY OF SAN RAFAEL (Annexation of the Lands of Lee to the San Rafael Sanitation District) This Agreement is made and entered into this 4v�l day of jqed il- , 2001 between the CITY OF SAN RAFAEL ("City") and JAMES W. LEE ("Owner") and is based 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 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 request annexation, pursuant to its Resolution No. 01-01 adopted on February 8, 2001, 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 Owner's property on the conditions set forth hereinafter in this agreement, and consistent with the pertinent provisions of LAFCO Resolution No. 01-01 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: �— �/^ , 2001 j;z- CrW. LEE CITY OF SAN RAFAEL DATED: 4-11 2001 By: 1 /AL kRTB�OROIMayor ATTEST: �-� G - 9QJ 'zC-0 a 4,F.. & FaJeanne Leoncini, City Clerk 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Mari n ss. On June 8, 2001 , before me, Nancy Eurman, Notary Publ i c Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared James W. Lee Name(s) of Signer(s) ] personally known to me XX proved to me on the basis of satisfactory evidence to be the personN-- whose name* is arA_ subscribed to the with' instrument and acknowledged to me at�she/th"xecuted the same in/0gr/th�e�'_ruthorized capacity(ie�, and that by (ii ,g/hhf/thy signature(�)_on the instrument the person(), or the entity upon behalf of which the person('Q- acted, executed the instrument. WITNESS my hand and official seal. IAM.%t,r �.,UrL /1 ",Placa Notary Seal Above otary 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: Agree. Re Future Proceedings for Annexation of Real P to CSR (Annexation of the Lands of Lee to SRSD; Reso. 10823) Document Date: April 4, 2001 Number of Pages: Nine Signer(s) Other Than Named Above Capacity(les) Claimed by Signer Signer's Name: James W. Lee " Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ' General ❑ Attorney in Fact n Trustee ❑ Guardian or Conservator Ll Other: Signer Is Representing: Albert J. Boro, Mayor RIGHTTHUMBPRINT OF SIGNER 0 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 NANCY EURMAN D 0 COMM. 111248639 ti a �S NOTARY PUBLIC -CALIFORNIA o C MARIN COUNTY ) My Comm. Expires Feb. 4, 2004v 1 ] personally known to me XX proved to me on the basis of satisfactory evidence to be the personN-- whose name* is arA_ subscribed to the with' instrument and acknowledged to me at�she/th"xecuted the same in/0gr/th�e�'_ruthorized capacity(ie�, and that by (ii ,g/hhf/thy signature(�)_on the instrument the person(), or the entity upon behalf of which the person('Q- acted, executed the instrument. WITNESS my hand and official seal. IAM.%t,r �.,UrL /1 ",Placa Notary Seal Above otary 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: Agree. Re Future Proceedings for Annexation of Real P to CSR (Annexation of the Lands of Lee to SRSD; Reso. 10823) Document Date: April 4, 2001 Number of Pages: Nine Signer(s) Other Than Named Above Capacity(les) Claimed by Signer Signer's Name: James W. Lee " Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ' General ❑ Attorney in Fact n Trustee ❑ Guardian or Conservator Ll Other: Signer Is Representing: Albert J. Boro, Mayor RIGHTTHUMBPRINT OF SIGNER 0 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 ��,c:�.�.r�ca�.�czvza.,��..,�..,d:.,�..,�-.Ec>,�.�.6c.�r�cEr..�c.�.�c>,c-ter•.Eco-.�cY.Erc--:o,�.�z�•rcr.,�c State of of California County of r'1a ri n On Ilon . , Play 14, 200,1before me, Date personally appeared Albert J. Boro r NANCY EURMAN 0 COMM. #1248639 a "m NOTARY PUBLIC -CALIFORNIA / MARIN COUNTY 0 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) IN personally known to me proved to me on the basis of satisfactory evidence to be the personN- whose name*(9a0P,_ subscribed to the within instrument and acknowledged to me tha ie {*/tftsy executed the same in ®s h_/tW authorized capacity(iiks-y, and that by 5)h46jr/thy signature(,on the instrument the person(), or the entity upon behalf of which the person(_ acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above �I Signature of Notary Publlc 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: Agree, re Future Proceedings for Annexation of Real Prop, to CSR (Annexation of Lands of Lee to SRSD; Reso. ;10823) Document Date: April 4, 2001 Number of Pages: Eight Signer(s) Other Than Named Above: James W. Lee Capacity(les) Claimed by Signer Signer's Name: Albert J. Boro ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator XX Other: Mayor Signer Is Representing: City of San Rafael Top of thumb here ©1997 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 " Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 L.A. Stevens & Associates, tnc Professional Land Suveyors 1 132 Bel Marin Keys Blvd. Novato, California 94949 (4 15) 3 82-832 1 Exhibit "A" October 25, 2000 Job # 00-407 For: James Lee Description of Annexation to San Rafael Sanitary District Beginning at the northwesterly corner of the parcel conveyed to James Lee by deed recorded February 15, 2000, in Document No. 2000-0008089, Marin County Records; thence along the northerly line of said parcel N 52°00' 19" E 55.00 feet; N 70°11'08" E 285.71 feet to the northeasterly corner of said parcel; thence along the projection of the above mentioned course N 70'11'08" E 40.82 feet to the easterly line of Margarita Drive; thence along the easterly line of Margarita Drive S 31 °21'00" E 141.83 feet; thence S 580 39' W 40.0 feet to the southeasterly corner said parcel; thence S 68°56'46" W 159.89 feet along the southerly line of said parcel; thence S 75°22'04" W 122.32 feet to the northeasterly corner of the parcel conveyed to Dohemann by deed recorded September 12, 1960, in Book 1397 of Official Records at Page 146; thence along the northerly line of said last mentioned parcel S 87°27'37" W 89.85 feet to the easterly line of Margarita Drive; thence N 21°18'11 " W 95.74 feet along said easterly line to the Point of Beginning. End of Description AN hitances shown are in feet df Proposed Annexation Contains 1.27 Aa SCA�f N Margarita tm W O O t• O n Z m n 'd U7 0 N O M m A X W W' ICE A NO. 6849 i OF CA' Lf Lawrence A. Stevens, PLS 6649 my license expires 12/31/03 San Rafael Sanitary District Annexation FOR Lands of Lee (2000-0008089) San Rafael Marin County California Scale: 1" = 100' October 26, 2000 L.A. Stevens & Associates, Inc. Professional Land Surveyors . (415) 382-8321 1132 Bel Marin Keys Blvd ' Novato. CA 94947 Job N 00 407 page I Of 1 5T 9 MARIN LOCAL AGENCY FORMATION COMMISSION RESOLUTION NO. 01-01 RESOLUTION MAKING DETERMINATIONS AND APPROVING ANNEXATION WITH WAIVER OF NOTICE, HEARING AND ELECTION TO SAN RAFAEL SANITATION DISTRICT "Annexation of the Lands of Lee to San Rafael Sanitation District (File 1186)" 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 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 petition 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. `Chi Etwra,ec�itt� inscrutnent is a correct ropy' kif the original on record in the office of the Local Agency Formation Commission of the Ctwnty of Maria, State of California. By � - . Resolution 01-01 -2- February 8, 2001 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 1.06 acres, is found to be uninhabited, and is assigned the following distinctive short form designation: "Annexation of the Lands of Lee to San Rafael Sanitation District (File #1186)". 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: 1) The applicant will provide a revised map and legal description with the assigned short form title of "Annexation of the Lands of Lee to San Rafael Sanitation District (File #1186)" and meeting the technical requirements of the State Board of Equalization. 2) 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.