HomeMy WebLinkAboutCC Resolution 10589 (240 Highland Ave)RESOLUTION NO. 10589
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY AND MS. HOLLY FORD
REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF
REAL PROPERTY AT 240 HIGHLAND AVENUE, APN 016-021-02,
TO THE CITY OF SAN RAFAEL
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, Ms. Holly Ford is the owner of real property located at 240
Highland Avenue, APN 016-021-02; and
WHEREAS, Ms. Holly Ford applied to the San Rafael Sanitation District
to connect to the District Sewer Line; and
WHEREAS, the property APN 016-021-02 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.99-10; and
WHEREAS, Ms. Holly Ford 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.
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 22nd day of FEBRUARY, 2000, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
� I M w_.
JEANNE M. LEONC , it Clerk
File No..
When recorded mail to:
City of San Rafael
Department of Public Works
1400 Fifth Avenue
P. O. Box 151560
San Rafael, CA 94915-1560
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Agreement Regarding Future Proceedings for Annexation of
Real Property to the City of San Rafael
This Agreement is made and entered into this22n9ay of FEBRUARY , 2000,
between the CITY OF SAN RAFAEL (CITY) and HOLLY FORD ("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; and
b) As a result of a failed on-site waste water treatment system located on Owner's
property, Owner has been required to connect to the public sewer on a
provisional basis pending application for annexation to (San Rafael Sanitation
District) through existing policies in accordance with San Rafael Sanitation
District Resolution No. 99-828, attached hereto as Exhibit "B" and subject to
the approval by Marin Local Agency Formation Commission (LAFCO).
Application for annexation to SRSD would also require concurrent annexation
to the City of San Rafael unless waived or deferred by City in accordance with
LAFCO, Resolution No. 99-10, attached hereto as Exhibit "C" and included
herein; and
c) The City has agreed to defer annexation of the Owner's property on the
conditions set forth hereinafter in this agreement.
NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE
PARTIES HERETO AS FOLLOWS:
1. Owner agrees on behalf of himself/herself/his/her heirs, successors and
assigns that in the event of any future proceedings for the annexation of
Owner's property to the City 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.
DATED:1�
1000 �
O ER:
Holly FordL
DATED: 2 J� -& %V�2 , 2000
City of San Rafael
By:`'U d',
&rt Boro, Mayor
ATTEST:
Je a Leoncini, Cit Clerk
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Marin
On Feb. . 25 , 2000
Date
personally appeared
, before me,
Albert J. Boro
Place Notary Seal Above
ss.
Nancy Eurman, Notary Public
Name and Title of Officer (e.g., "Jane Doe, Notary Public")
Name(s) of Signer(s)
XX personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the personk whose nameks)( 3iYajji�-
subscribed to the withi instrument and
acknowledged to me hat�!�he/thP4 executed
the same in hi b)R�r/tlk uthorized
capacity(i�j; and that by 6%K/tw
signature(s)-on the instrument the personal, or
the entity upon behalf of which the person(
acted, executed the instrument.
WITNESS my hand and official seal.
Slgnalure ofc
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 T pe of Document: Agree. re Future Proceedi nqs for Annexation of
Keal Prop, to the City of San Rafael; 240 Highland; APN 016-021-02
Document Date: Feb. 22, 2000 Number of Pages: 13 DQs .
Wreso. & prev. cer
Signer(s) Other Than Named Above: Holly Ford
Capacity(ies) Claimed by Signer
Signer's Name: Albert J. BorO 01
El Individual e
Top of thumb here
❑ Corporate Officer — Title(s):
❑ Partner — i ; Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
X7 Other: Mayor
Signer Is Representing: City of San -Rafael
C 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. Call Toll -Free 1-600-676.6827
NANCY EURMAN
COMM. #1248639
NOTARY PUBLIC-CALIFORMA
0
MARIN COUNTY
My Comm. Expires Feb. 4, 2004
Place Notary Seal Above
ss.
Nancy Eurman, Notary Public
Name and Title of Officer (e.g., "Jane Doe, Notary Public")
Name(s) of Signer(s)
XX personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the personk whose nameks)( 3iYajji�-
subscribed to the withi instrument and
acknowledged to me hat�!�he/thP4 executed
the same in hi b)R�r/tlk uthorized
capacity(i�j; and that by 6%K/tw
signature(s)-on the instrument the personal, or
the entity upon behalf of which the person(
acted, executed the instrument.
WITNESS my hand and official seal.
Slgnalure ofc
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 T pe of Document: Agree. re Future Proceedi nqs for Annexation of
Keal Prop, to the City of San Rafael; 240 Highland; APN 016-021-02
Document Date: Feb. 22, 2000 Number of Pages: 13 DQs .
Wreso. & prev. cer
Signer(s) Other Than Named Above: Holly Ford
Capacity(ies) Claimed by Signer
Signer's Name: Albert J. BorO 01
El Individual e
Top of thumb here
❑ Corporate Officer — Title(s):
❑ Partner — i ; Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
X7 Other: Mayor
Signer Is Representing: City of San -Rafael
C 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. Call Toll -Free 1-600-676.6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Marin ss.
On Tues., Feb. 15, , before me, Nancy Eurman, Notary Public
Dale 2000 Name and Title of Officer (e.g., 'Jane Doe, Notary Public")
personally appeared Holly Ford
Name(s) of Signer(s)
personally known to me
XX proved to me on the basis of satisfactory
evidence
Place Notary Seal Above
to be the personK whose name* is ak-
subscribed to the within instrument and
acknowledged to me that 4 h try executed
the same in er/ jgjE aut onzed
capacity(i6l, and that bye� thlgtr
signature(k)on the instrument the person(*„ or
the entity upon behalf of which the person(- 4_
acted, executed the instrument.
WITNESS my hand and official seal.
ignature of Notary P
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 Droperty to City of San Rafael; 240 Highland; APN 016-021-02
Document Date: (to be dated after last di fined) Number of Pages: ten Dq5 .
Signer(s) Other Than Named Above: _._ Albert J . Boro , Mayor
Capacity(ies) Claimed by Signer
Signer's Name: Hol l v Ford_
IX Individual
L1 Corporate Officer — Title(s):
❑ Partner —' ' Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: She is the owner.
Top of thumb here
i
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
r
NANCY EURMAN '
t,
D
0 .
COMM. #1248639
NOTA PUBLIC-CALIFORNIA
-CALIORNIA
MARINO
Q
COUNTY
MY COMM. Explres Feb. 4, 2004
Place Notary Seal Above
to be the personK whose name* is ak-
subscribed to the within instrument and
acknowledged to me that 4 h try executed
the same in er/ jgjE aut onzed
capacity(i6l, and that bye� thlgtr
signature(k)on the instrument the person(*„ or
the entity upon behalf of which the person(- 4_
acted, executed the instrument.
WITNESS my hand and official seal.
ignature of Notary P
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 Droperty to City of San Rafael; 240 Highland; APN 016-021-02
Document Date: (to be dated after last di fined) Number of Pages: ten Dq5 .
Signer(s) Other Than Named Above: _._ Albert J . Boro , Mayor
Capacity(ies) Claimed by Signer
Signer's Name: Hol l v Ford_
IX Individual
L1 Corporate Officer — Title(s):
❑ Partner —' ' Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: She is the owner.
Top of thumb here
i
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
Exhibit "A"
All that certain real property situate in the County of Marin, State of California,
described as follows:
BEGINNING at the most Northwesterly corner of that certain parcel conveyed to
Peterson and recorded July 8, 1946 in Book 520 of Official Records, at Page
254, County Records; running thence along the Westerly line of said Peterson
property, South 21' 53' 50" East 351.96 feet; thence leaving said line South 680
06' 10" West 150.0 feet' North 45° 43' 10" West 183.366 feet to the
Southeasterly corner of that certain parcel conveyed to Camgros and recorded
February 4, 1946 in Book 495 of Official Records, at Page 304, Marin County
Records; thence along the Northeasterly line of said property in Deed to
Camgros, North 18° 38' 30" West 211.08 feet to the Southerly line of a 40 foot
road; thence along said road line North 780 48' East 164.03 feet; North 630 39'
East 50.74 feet to the point of beginning.
SAN RAFAEL SANITATION DISTRICT
RESOLUTION NO. 99-82B
A RESOLUTION MAKING DETERMINATIONS
DESCRIBING BOUNDARIES OF TERRITORY,
DESIGNATED "HIGHLAND AVENUE ANNEXATION"
TO THE SAN RAFAEL SANITATION DISTRICT,
ESTABLISHING TERMS AND CONDITIONS,
AND ORDERING ANNEXATION OF TERRITORY
(Ford - 240 Highland Avenue - APN 016.021-02)
RESOLVED, by the Board of Directors of the San Rafael Sanitation
District, County of Marin, California as follows:
WHEREAS, the owners of affected property filed a sufficient petition for
annexation requesting the Local Agency Formation Commission of the County of
Marin, to take preliminary proceedings for the annexation of territory to the District,
which petition, signed by all of the owners of all of the lands comprising the
territory proposed to be annexed, was filed with the Executive Officer of the Local
Agency Formation Commission of the County of Marin; and
WHEREAS, the Executive Officer of said Local Agency Formation
Commission reviewed said petition and prepared a report, included
recommendations thereon, and said petition and report were presented to and
considered by said Local Agency Formation Commission; and
WHEREAS, environmental review is categorically exempt pursuant to
provisions of the California Environmental Quality Act and the Commission's
Environmental Guidelines; and
WHEREAS, after proceedings duly held and after environmental review
thereof, on September 9, 1999, the Local Agency Formation Commission of Marin
County adopted its Resolution Number 99-10, Resolution Making Determinations
and Approving Annexation with Waiver of Notice, Hearing and Election to the San
Rafael Sanitation District designated as "Highland Avenue Annexation"; and
WHEREAS, Resolution No. 99-10 of the Local Agency Formation
Commission of Marin County approved the proposed annexation and authorized
this Board to annex said territory without notice and hearing and without an
election; and
WHEREAS, said Resolution of the Local Agency Formation Commission
made certain findings and determinations which are summarized before the Board
of Directors of the San Rafael Sanitation District; and
WHEREA,,, the Board has duly considered those factors required to be
considered by it pursuant to Section 57079.5 of the Government Code of the State
of California and all other matters which this Board deems material to said
annexation; and
WHEREAS, all of the proceedings for the annexation of territory are being
had pursuant to the Cortese -Knox Local Government Reorganization Act of 1985,
as amended, comprising Government Code Sections 56000 through 57550.
NOW, THEREFORE, BE IT HEREBY FOUND, DETERMINED AND
ORDERED as follows:
1. Having given due consideration to the matters material thereof and
after full investigation and examination, this Board hereby determines and
finds that annexation of the territory, the exterior boundaries of which are
more particularly described in Exhibit "A" and shown on Exhibit "B" hereto
attached and by reference incorporated herein, will be for the interest of
landowners or present and future Inhabitants within the District and within
the territory to be annexed to the District, and it is hereby further determined
and found that all of the lands proposed to be annexed will be benefited by
becoming a part of the District.
2. That the territory proposed to be annexed is uninhabited as such
term Is defined In Government Code Section 56046.
3. That all of the owners thereof have given their written consent to said
annexation, and that no written protests were or have been filed.
4. Having given due consideration to the Commission's Resolution
Making Determinations and to all other matters relevant and material to said
annexation, this Board hereby orders the territory described in Exhibit "A,"
shown on Exhibit "B," and designated "Highland Avenue Annexation"
annexed to the San Rafael Sanitation District without notice or hearing and
without an election upon the question of said annexation.
5. Said annexation is approved subject to the terms and conditions
approved by said Resolution Number 99-10 adopted by said Local Agency
Formation Commission of Marin County as set forth in Exhibit "C" hereto
attached and by reference incorporated herein.
6. The territory affected by this annexation proceeding will be subject to
taxation as may be necessary to pay principal and interest and any other
amount which shall become due on any outstanding bonds or other
contracts or obligations of the District, all as set forth in Condition 2 of Terms
and Conditions hereto attached as said Exhibit "C".
2
7. Tht , ecutive Officer of the Local Agency Formation Commission of
Marin County Is hereby authorized and directed to prepare and execute all
necessary documents and make such filings with appropriate State and
County officials so as to properly effectuate and finalize the "Highland
Avenue Annexation" to the San Rafael Sanitation District, as required by
the provisions of the Cortese -Knox Local Government Reorganization Act of
1985.
B. The District Secretary is hereby directed to transmit three certified
copies of this Resolution, together with such other materials and information
as may be required, to the Executive Officer of the Local Agency Formation
` Commission of the County of Marin.
PASSED AND ADOPTED by the Board of Directors of the San Rafael
Sanitation District at a regular meeting on the 3rd day of November, 1999, by the
following vote:
AYES: Director cobra, chairmn Wro
NOES: time
ABSENVABSTAIN: Director RinmY
0 -1
AI er J. Bor , airman
ATTEST-
Paul M. Cohen, Secretary
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[Rhland Avenue 40-R 5633g'00 W
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o LANDS OF HARPER
$s APN 016-021-01
DN 89-015538
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APN 016-021-37
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{� EV.3-31-20W r}
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FOF CAL1F�
HlGq"ND A IIF. ANNEXA 77ON
TO
SAN RAFAEL SANI TA 77ON DISTRICT
Tn
LANDS OF FORD
240 HIGHLAND AVE.
APN 016-021-02
DN 97-073111
1.55 ACRES
V.
N68
15p•00'
APN 016-021-36
APN 016-021—S)
L EGE_ND
----�--- PARCEL TO BE ANNEXED
SAN RAFAEL ary UMTS &
EXISTING SAN RAFAEL SAN/TATIa
DISTRICT BOUNDRY
MAPPING NO. 8/99
J L. ENGINEERING
JUNE 1, 1999
JOB 98-129 CIVIL ENGINEERING AND LAND PLANNING
DWG. ANNEX 1539 FOURTH ST., SAN RAFAEL, CA. 94901 (415) 457-6641
EXHIBIT "B"
n n
�uttu.i A
Hi?hland Avenue Annexation
To
San Rafael Sanitation District
Mapping No. 8/99
Commencing at a point on the San Rafael Corporate Limit Line, said point also being on
the San Rafael Sanitary District Line, said point also being the southwesterly corner of
the Lands of Harper, as described by deed in Document No. 89-015538 of Oficial
Records, Marin County Records, also being a point along the easterly line of Summit
Avenue; thence leaving said Corporate and District Lines, along said easterly line, along
a curve to the left having a radius of 420 feet, 111.17 feet; thence N 26°58'00" W, 70
feet; to the intersection of said easterly line with the southerly line of Highland Avenue;
thence leaving said easterly line, and continuing along said southerly line,
N 54021'00" E, 204.68 feet; thence N 78°48'00" E, 15.00 feet to the True Point of
Beginning, also being the northwesterly corner of the Lands of Ford, as described by
deed in Document No. 97-073111 of Official Records, Marin County Records; thence
leaving said southerly line, and along said Document No. 97-073111, S 18°38'30" E,
211.08 feet; thence S 45043'10" E, 183.366 feet; thence N 68°06' 10" E, 150.00 feet;
thence N 21053'50" W, 351.96 feet to the said southerly line of Highland Avenue; thence
along said southerly line, S 63039100" W, 50.74 feet; thence S 7848' W 164.03 feet to
the Point of Beginning.
Containing approximately 1.55 acres.
`f 30485
* Exp. 3-31-20W �}
Op
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MARIN LOCAL AGENCY FORMATION COMMISSION
RESOLUTION NO. 99-10
RESOLUTION MAKING DETERMINATIONS AND APPROVING ANNEXATION
WITH WAIVER OF NOTICE, HEARING AND ELECTION
TO SAN RAFAEL SANITATION DISTRICT
"Highland Avenue Annexation"
WHEREAS, a proposal for the proposed annexation of certain territory to 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
owners; 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, 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 proposal made
by petition 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.
Section 3. The territory includes 1.55 acres, is found to be uninhabited, and is assigned
the following distinctive short form designation: "Highland Avenue Annexation" to San
Rafael Sanitation District.
The foregoing instrument is a correct copy
of rhe original on record in the office of the
Luca! Agency Formation Commission of the
Cuunry of Marin, State of Californi-t.
By
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:
1. 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
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 6. San Rafael Sanitation District is designated as the conducting authority for
further proceedings, and the Board of said District is hereby directed to initiate proceedings in
compliance with this resolution and is authorized to proceed without notice, or election,
pursuant to Government Code Section 56837.
Section 7. The project is categorically exempt pursuant to §15303(a) and §15319(b) of
the Guidelines for Implementation of the California Environmental Quality Act.
Section 8. The Executive Officer is hereby authorized 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
9th day of September, 1999 by the following vote:
AYES: Commissioners Blanchfield, Chapman, Heller, Hennessy, Kress, and Ware
NOES: None
ABSENT: Commissioner Murray
Jeffry Blanchfield, Chairperson
ATTEST:
Peter V. Banning, Executive icer