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HomeMy WebLinkAboutCC Resolution 10659 (222 Seaview Ave Annexation)RESOLUTION NO. 10659 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND BRENT ZERULL REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY AT 222 SEAVIEW AVENUE, APN 016-041-24, TO THE CITY OF SAN RAFAEL BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, Brent Zerull is the owner of real property located at 222 Seaview Avenue, APN 016-041-24; and WHEREAS, Brent Zerull applied to the San Rafael Sanitation District to connect to the District Sewer Line; and WHEREAS, the property APN 016-041-24 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. 00-9; and WHEREAS, Brent Zerull 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. U� GMA 0610 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 3`d day of July, 2000, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None h. JEA LEON I1� , rty 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 Attention: David Bernardi, Director 000z g t IN r ^orders Office County Of Marin JOAN C. THAYER Recorder 2000-N36047 REC FEE .00 TOTAL .00 NO FEE A TOTAL TENDERED .00 DOE .00 03:13PM 12 -Jul -2000 20000712000200 FS ASR003 Thank You Have A Nice Day 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 this 3rd day of JULY , 2000, between the CITY OF SAN RAFAEL ("City") and BRENT ZERULL ("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 a failing on-site waste water treatment system located on Owner's property, Owner has initiated proceedings to connect to the public sewer and has applied for and received conditional approval for annexation to San Rafael Sanitation District pending Owner's execution of this Agreement. Application for annexation to 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 COPY pertinent provisions of LAFCO Resolution No. 00-9 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. DATED: - '--1 , 2000 DATED: JULY 10 , 2000 ATTEST: Je nne Leoncini, City Clerk OWNER: 12�5 -- - BRENT ZERULL CITY OF SAN RAFAEL / By: � ALIBERT R0, Mayor CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of C -11,L - iii County of c51RY} �RF1-t-tct�c7 On ck , 200 o before me, LgsL-tq S . ztt..4-rpt orhes - ri o c•-� i�✓aL� c. Dale Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared e5.-w"T' Z(LRvU- Name(s) of Signer(s) 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 instrument 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), �.:.. LESLEY S. DELLAMONICA or the entity upon behalf of which the person(s) acted, COMM. #1116233 � executed the instrument. T :��� c. 1,^�; NOiARY PUBLIC � � ,f C ALIFORM A y ±YY SAN FRANCISCO COUNTY WITNESS m hand and o 'cial seal. EXPRES NOV. 11, 2000 7 y S - r 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. Des iption of Attached Document Title or Type 'Document: Document Date: Signer(s) Other Than Nam Capacity(ies) Claimed by SlWer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee -�� •- ❑ Guardian or Conservator i•. ❑ Other: Top of thumb here Signer Is Representing: Number of Pages: Signer's Name: Individual Corporate Officer ❑ Pa er — .Limited -7 General ❑ Attorne -in-Fact ❑ Trustee _ _ ❑ Guardian or servator�i ❑ Other: \ Top of thumb here Signer Is Representing: © 1995 National Notary Association • 8236 Remmet Ave., P O. Box 7184 • Canoga Park, CA 91309-7164 Prod. No. 5907 Reorder: Call Toll -Free CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Mari n On July 10, 2000 Date personally appeared , before me, Albert J. Boro ♦1 /r .... .r n i. w w w w w r NANCY EURMAN 0 COMM. 81248639 I •0 NOTARY PUBLIC -CALIFORNIA MARIN COUNTY . . My Comm. EKY= Feb. 4, 2004 V V Place Notary Seal Above 5s. 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 personoo'whose name*oabR- subscribed to the wits ip instrument and acknowledged to me tha h tae/tW executed the same in �hh /tfl*r authorized capacity(ipa�—, and that byh) lir/tlajr 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. / 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 Document: Agree. re Future Proceedincis for Annexation of Real Prop. to City of San Rafael (re Reso. #10659) Document Date: July 3, 2000 Number of Pages: Eleven t) Capacity(ies) Claimed bX Signer Signer's Name: Albert J. Boro ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator X11 Other: Mavor Signer Is Representing: City of San Rafael Top of thumb here ©1997 National Notary Associallon • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1.800-876-6827 EXHIBIT "A" Beginning at a Point on the existing boundary of San Rafael Sanitation District, said Point of Beginning being a point on the easterly line of Sea View Avenue (40 feet wide), distant North 72°26'30" East, 40.31 feet, and North 24°41' West, 175.00 feet, from a point on the westerly side of said Sea View Avenue, common to the courses North 24°41' West, 220 feet and North 6°20' East, 81.05 feet; said courses are noted in that certain Deed from San Rafael Development Co., to J. E. French and recorded in Book 310 of Official; Records, at page 63, Marin County Records, said Point of Beginning also being the westerly corner of that certain parcel of land described in the deed to Brent K. Zerull, recorded in series 1998-0079862, Marin County Records; thence along the existing boundary of San Rafael Sanitation District, North 65°19' East, 248.91 feet; thence leaving said existing boundary of San Rafael Sanitation District, South 24°41' East, 175.00 feet to a point on the existing boundary of San Rafael Sanitation District; thence along existing boundary of San Rafael Sanitation District, and the extension thereof, South 65°19' West, 248.91 feet to a point on the easterly line of said Sea View Avenue; thence long the easterly line of said Sea View Avenue, North 24°41' West, 175 feet to the Point of Beginning. EXHIBIT "A" MARIN LOCAL AGENCY FORMATION COMMISSION RESOLUTION NO. 00-9 RESOLUTION MAKING DETERMINATIONS AND APPROVING ANNEXATION WITH WAIVER OF NOTICE, HEARING AND ELECTION TO SAN RAFAEL SANITATION DISTRICT "Seaview Avenue Annexation #6 to San Rafael Sanitation District (File 1176)" WHEREAS, a proposal for the 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 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. EXHIBIT "B" Resolution 00-9 -2- April 13, 2000 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. Section 3. The territory includes 1.0 acre, is found to be uninhabited, and is assigned the following distinctive short form designation: "Seaview Avenue Annexation #6 to San Rafael Sanitation District (File #1176)". 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. The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15320 (areas containing existing structures developed to the density allowed by current zoning) of the State CEQA Guidelines. Resolution 00-9 -3- April 13, 2000 Section 7. 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 13`h day of April, 2000 by the following vote: AYES: Commissioners Blanchfield, Chapman, Eklund, Murray and Ware NOES: None ABSENT: Commissioners Heller, Henness and s Jeffry Bldnchfie(d, Chairperson ATTEST: Peter V. Banning, Executive I cer Date: 8/11/99 EXHIBIT "A" LEGAL DESCRIPTION SEAVIEW DRIVE ANNEXATION #6 TO SAN RAFAEL SANITATION DISTRICT Mapping No. �8 That parcel of land in the County of Marin, State of California, described in the deed to Brent K. Zerull, recorded in series 1998-0079862, Marin County Records, more particularly described as follows: Beginning at a Point on the existing boundary of San Rafael Sanitation District, said Point of Beginning being a point on the easterly line of Sea View Avenue (40 feet wide), distant North 72026130" East, 40.31 feet, and North 24°4P West, 175.00 feet, from a point on the westerly side of said Sea View Avenue, common to the courses North 24°41' West, 220 feet and North 6°20' East, 81.05 feet; said courses are noted in that certain Deed from San Rafael Development Co., to J. E. French and recorded in Book 310 of Official; Records, at page 63, Marin County Records, said Point of Beginning also being the westerly corner of that certain parcel of land described in the deed to Brent K. Zerull, recorded in series 1998-0079862, Marin County Records; thence along the existing boundary of San Rafael Sanitation District, North 65°19' East, 248.91 feet; thence leaving said existing boundary of San Rafael Sanitation District, South 24°41' East, 175.00 feet to a point on the existing boundary of San Rafael Sanitation District; thence along existing boundary of San Rafael Sanitation District, and the extension thereof, South 65°19' West, 248.91 feet to a point on the easterly line of said Sea View Avenue; thence long the easterly line of said Sea View Avenue., North 2441' West, 175 feet to the Point of Beginning. Containing 1.00 more or less, acres. a ND 5� 0 EXP. 6-30-00 Ron 5 - C My Files\7777 1272 Znull slgTF of c A- , NIF®R 1 e� mIi ( IN FEET ) I inch = 60 ft. 25 Lp �$ r' P.O.B. N7Z26'30" E 40.31' 222 SEA VIEW AVENUE APN # 16-041-24 Area L00 t Acres • e._ 11/1"iiii/i/d/l/iiiiii1L EXIST. BOUNDARY OF S.R.S.D. • - ANNEXATION BNDRY CSW [St]2 790 DeLong Ave. (415) 892-4763 hold boa EXHIBIT "B" MAPPING No. / /, x SCALE • 1"=60' JOB#777123: CSW/STUBER—STROEH 08/18/99 14:4$ 7771232\ANNE; ENGINEERING GROUP, INC. SEAVIEW DRIVE ANNEXATION # 6 CONSULTING ENGINEERS TO Novato, CA. 94945-3246 SAN RAFEAL SANITATION DISTRICT FAX (415) 892-4502 0 i9ee MARIN COUNTY Cl