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Home My WebLink AboutCC Resolution 10783 (7 Seaview Avenue)RESOLUTION NO. 10783 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND DENNIS HORNE REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY AT 7 SEAVIEW AVENUE, APN 014-111-22&23, TO THE CITY OF SAN RAFAEL BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, Dennis Horne is the owner of real property located at 7 Seaview Avenue, APN 014-111-22&23; and WHEREAS, Dennis Horne applied to the San Rafael Sanitation District to connect to the District Sewer Line; and WHEREAS, the property APN 014-111-22&23 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. 00-20; and WHEREAS, Dennis Horne 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. (Annexation of the Lands of Horne to the San Rafael Sanitation District) 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. 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 5th day of March, 2001, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEAN E M. LEONCiIVI, 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 NOTE: Certified Copy of Resolution No. 10783, adopted by City Council 3/5/01, attached. AGREEMENT REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY TO THE CITY OF SAN RAFAEL (Annexation of the Lands of Horne to the San Rafael Sanitation District) This Agreement is made and entered into this 5th day of MARCH , 2001 between the CITY OF SAN RAFAEL ("City") and DENNIS HORNE ("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. 00-20 adopted on December 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 Owner's property on the conditions set forth hereinafter in this agreement, and consistent with the pertinent provisions of LAFCO Resolution No. 00-20 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. l , 2001 DEN IS HORNE DATED: ��l �-� , 2001 ATTEST: Anne Leoncirii, City Clerk CITY OF SAN RAFAEL 'tC By.�Y A--L",AL FRT BOF&&(,, ayor STATE OF CALIFORNIA ) ss COUNTY OF MARIN ) On February 13, 2001 before me, Toni L. Esposti , a notary public, personally appeared Dennis R. Horne , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instru- ment, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. TONI L. ESPOSTI a Comm. # 1153996 N F� 0 NOTARY PUBLIC -CALIFORNIA Vol r Merin County WA ;:. • MV Comm. Expires Sept. 26, 2001 WITNESSmyhand and official seal. Notary ublic in and for said State LOSTI . HP l' i 6.;,.,6 • is ` �`•' '16, 2GG1 �a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Marin On March 12, 2001 Date personally appeared ss. ,before me, Nancy Eurman, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Albert J. Boro Name(s) of Signer(s) M personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(- whose name(,)(is k subscribed to the within instrument and acknowledged to me Wat e sPe/th,4y executed the same in ) her/th)*-authorized capacity(i4 , and that by hi hbr/thvlr signature(4on the instrument the personal, or the entity upon behalf of which the person(* - acted, executed the instrument. WITNESS my hand and official seal. 101-1,11 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 Document Title or Type of Document: Agree. Re Future Proceedi ngs for Annexati on of _ Real Prop, to CSR (Lands -of Horne to—SRSD) Document Date: March 5, 2001 Number of Pages: Eleven Signer(s) Other Than Named Above: Dennis Horne Capacity(ies) Claimed by Signer Signer's Name: Albert J. Boro ❑ Individual ` ❑ Corporate Officer — Title(s) Top of Thumb here ❑ Partner — 'L I Limited General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator XX Other: Mayor. Signer Is Representing: City of San Rafael © 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 A NANCY EURMAN D 0 COMM. #1248639 NOTARY PUBLIC -CALIFORNIA 0 Q MARIN COUNTY My comm. Expires Feb 4, 2004 Name(s) of Signer(s) M personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(- whose name(,)(is k subscribed to the within instrument and acknowledged to me Wat e sPe/th,4y executed the same in ) her/th)*-authorized capacity(i4 , and that by hi hbr/thvlr signature(4on the instrument the personal, or the entity upon behalf of which the person(* - acted, executed the instrument. WITNESS my hand and official seal. 101-1,11 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 Document Title or Type of Document: Agree. Re Future Proceedi ngs for Annexati on of _ Real Prop, to CSR (Lands -of Horne to—SRSD) Document Date: March 5, 2001 Number of Pages: Eleven Signer(s) Other Than Named Above: Dennis Horne Capacity(ies) Claimed by Signer Signer's Name: Albert J. Boro ❑ Individual ` ❑ Corporate Officer — Title(s) Top of Thumb here ❑ Partner — 'L I Limited General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator XX Other: Mayor. Signer Is Representing: City of San Rafael © 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 OBERKAMPER & ASSOCIA7— CML ENGINEERS. INC. November 1, 2000 Imo` :11: 0 ANNEXATION OF THE LANDS OF HORNE TO SAN RAFAEL SANITATION DISTRICT Mapping No. 15/00 BEGINNING at a point on the existing boundary of the San Rafael Sanitation District, said point being the intersection of the northerly R/W line of Seaview Avenue, and the - easterly line of Parcel "C" as shown and delineated on that certain map titled "Parcel Map of Division of Lots 14, 15, 16, 17 & 33, and Portion of Lots 18 & 32 — Block R, Marina Highlands Unit Two, (5 Maps 49), Marin County — Calif." recorded December 7, 1970 in Book 5 Parcel Maps at page 52, Marin County Records; thence southwesterly along said boundary of the Sanitation District, said northerly R/W line of Seaview Avenue and the southerly boundary of said Parcel "C" and Parcel `B" as shown on said map, the following bearings and distances: South 53°50' West, 136.41 feet; and South 65°45' East, 98.65 feet to the most southerly corner of said Parcel eB"; thence leaving said Sanitation District boundary and continuing along the exterior boundary of said Parcel eB" and Parcel "C" the following bearings and distances: North 10°06'30" West, 156.06 feet; North 65°00' East, 104.78 feet; North 32°10' East, 17.88 feet; and South 36°31'20" East, 114.56 feet to the POINT OF BEGINNING. Said annexation contains 21429 sq.ft. (0.492 ac) more or less. MARIN LOCAL AGENCY FORMATION COMMISSION EXHIBIT "B" RESOLUTION NO. 00-20 RESOLUTION MAKING DETERMINATIONS AND APPROVING ANNEXATION WITH WAIVER OF NOTICE, HEARING AND ELECTION TO SAN RAFAEL SANITATION DISTRICT "Annexation of the Lands of Horne to San Rafael Sanitation District (File 1188)" 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 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 0.492 acres, is found to be uninhabited, and is assigned the following distinctive short form designation: "Annexation of the Lands of Horne to San Rafael Sanitation District (File #1188)". Resolution 00-20 -2- December 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: 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 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 December, 2000 by the following vote: AYES: Commissioners Blanchfield, Chapman, Eklund, Heller, Kress, Murray, and Quesada NOES: None ABSENT: Commissioners Ware and Hennessy JEFFRY BLANCHFIELD, Chairperson ATTEST: PETER V. BANNING, Exe 've Officer OBERKAMPER & ASSC IFS November 1. 2000 CML ENGINEERS. INC. :11: III"; ANNEXATION OF THE LANDS OF HORNE TO SAN RAFAEL SANITATION DISTRICT Mapping No. 15/00 BEGINNING at a point on the existing boundary of the San Rafael Sanitation District, said point being the intersection of the northerly R/W line of Seaview Avenue, and the - easterly line of Parcel "C" as shown and delineated on that certain map titled "Parcel Map of Division of Lots 14, 15, 16, 17 & 33, and Portion of Lots 18 & 32 — Block R, Marina Highlands Unit Two, (5 Maps 49), Marin County — Calif." recorded December 7, 1970 in Book 5 Parcel Maps at page 52, Marin County Records; thence southwesterly along said boundary of the Sanitation District, said northerly R/W line of Seaview Avenue and the southerly boundary of said Parcel "C" and Parcel `B" as shown on said map, the following bearings and distances: South 53°50' West, 136.41 feet; and South 65045' East, 98.65 feet to the most southerly corner of said Parcel `B"; thence leaving said Sanitation District boundary and continuing along the exterior boundary of said Parcel `B" and Parcel "C" the following bearings and distances: North 1006'30" West, 156.06 feet; North 65°00' East, 104.78 feet; North 32010" East, 17.88 feet; and South 36°31'20" East, 114.56 feet to the POINT OF BEGINNING. Said annexation contains 21429 sq.ft. (0.492 ac) more or less. I ti H N k W Q �� L 09 W c U) z Z CL