HomeMy WebLinkAboutCC Resolution 10691 (204 Seaview Ave Annexation)RESOLUTION NO. 10691
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY AND MR. AND MRS. GLEN
DOWLING REGARDING FUTURE PROCEEDINGS FOR
ANNEXATION OF REAL PROPERTY AT 204 SEAVIEW
AVENUE, APN 016-041-23, TO THE CITY OF SAN RAFAEL
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, Mr. and Mrs. Glen Dowling are the owners of real property
located at 204 Seaview Avenue, APN 016-041-23; and
WHEREAS, Mr. and Mrs. Dowling applied to the San Rafael Sanitation
District to connect to the District Sewer Line; and
WHEREAS, the property APN 016-041-23 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. 99-11; and
WHEREAS, Mr. and Mrs. Dowling 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.
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"' day of August, 2000, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
%1
JE E M. LE.OSTI, ity 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
SaprRa%ael CA 94915-1560
Recorders Office
county Of
Marin
JOAN C. THAYER
Recorder
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AUG 2 1 200Q SPACE ABOVE THIS LINE FOR RECORDER'S USE
Agreement Regarding Future Proceedings for Annexation of
Real Property to the City of San Rafael
41 1u-k.Q.- ,
This Agreement is made and entered into this b day of 2000,
between the CITY OF SAN RAFAEL ("City") and GLEN W. DOWLING and NANCY
DOWLING ("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; and
b) As a result of a failed on-site wastewater treatment system located on Owners'
Property, Owners have been granted approval for a 1 -year provisional
connection to the public sewer pending application to the Marin Local Agency
Formation Commission (LAFCO) for annexation to the San Rafael Sanitation
District through existing policies in accordance with District Resolution No.
99-829, attached hereto as Exhibit "B", and subject to the approval of Marin
LAFCO. Application for annexation to the San Rafael Sanitation District
would also require concurrent annexation to the City of San Rafael unless
waived or deferred by the City in accordance with LAFCO Resolution No. 99-
11, attached hereto as Exhibit "C" and included herein; and
c) The City has agreed to defer annexation of the Owners' 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. Owners agree on behalf of himself/herself/his/her heirs, successors, and
assigns that in the event of any future proceedings for the annexation of
Owners' Property to the City that are 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: ��t ( (o , 2000
DATED: O/�`� 12000
City of S ael
By:
XlbeAt J. Bo ayor
ATTEST:
J =. Leoncini, City Clerk
6.
CALLAND- CALIFORNIA LAND TITLE OF MARIN
State of California
County of
On to I I SPI Od
appeared
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
before me, the undersigned, a Notary Public in and for said County and State, personally
aV\_ CAI
❑ Personally known to me OR
^ KALLIE L. CASTRO
V COMM. # 124,5956
Uj y NOTARY PUBLIC -CALIFORNIA)
MARIN COUNTY .,
• COMM. EXP. DEC, 17, 2003
_D(5 LA) I '
❑ 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 acknowledge 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) act , executed the ' s t. TNESS my hand and
official seal % -
/ SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the documents and could prevent
fraudulent reattachment of this form.
CAPACITY CLAUMD BY SIGNED
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TIME
❑ LIMITED PARTNER(S)
❑ GENERAL PARTNER(S)
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
■ HI- t
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
CAL
State of California
County of
6.
LAND- CALIFORNIA LAND TITLE OF MARIN
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
On to - I G ' CD before me, the undersigned, a Nota7Pub isin and for said County and State, personally
appeared
❑ 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 acknowledge 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. WITNESS my hand and
r BRIDGET DAVIS ^ official seal
U COMM. #1170627
Q y NOTARY PUBLIC -CALIFORNIA
ALAMEDA COUNTY
y y y y COMM. EXP.FEEL16, 2002 4 SIGNA NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the documents and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNED
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE
❑ LIMITED PARTNER(S)
❑ GENERAL PARTNER(S)
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNERS) OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
Marin ss.
On Aug. 16, 2000before me, Nancv Eurman, Notary Public
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared Albert J. Boro
Name(s) of Signer(s)
Ik personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the persons whose name(*(jAr�
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: Agreement Re Future Proceedings for Annexation of
Real Prop, to the City of San Rafael (APN 016-041-23
Document Date: 204 Seaview Ave.) NumberofPages: --
June 16, 2000
Signer(s) Other Than Named Above: Glen W. Dowling and Nancy Dowling
Capacity(les) CIAa�TedbyJSio
iSor
Signer's Name: be t
❑ Individual e
Top of thumb here
❑ Corporate Officer — Title(s):
El — ]Limited ::General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
EX Other: Mayor
Signer Is Representing: City of San Rafal
_-A
C 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
subscribed to the within instrument and
acknowledged to me that�qs4e/tHR* executed
the same inTi hAf/thp�i�authorized
capacity(i%p and that by lhhr/th$i�
` ,: �, .. .. .. .. ..
,
• W NANCY EURMAN
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signature(A, on the instrument the persons or
COMM. #1249639
�•r. NOTARYPUBLIC-CALIFORNIA
the entity upon behalf of which the person(s�L
,,
MARINCOUNTY0
acted, executed the instrument.
v My Comm. Exoms Feb. 4, 21104
WITNESS my hand and official seal.
Place Notary Seal Above
oSignature 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: Agreement Re Future Proceedings for Annexation of
Real Prop, to the City of San Rafael (APN 016-041-23
Document Date: 204 Seaview Ave.) NumberofPages: --
June 16, 2000
Signer(s) Other Than Named Above: Glen W. Dowling and Nancy Dowling
Capacity(les) CIAa�TedbyJSio
iSor
Signer's Name: be t
❑ Individual e
Top of thumb here
❑ Corporate Officer — Title(s):
El — ]Limited ::General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
EX Other: Mayor
Signer Is Representing: City of San Rafal
_-A
C 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
E>a3IBIT "A"
SEAVIEW DRIVE ANNEXATION No.5
to
San Rafael Sanitary District
Mapping No. 13/98
Commencing at a point on the easterly line of the San Rafael Sanitary District said point also being on
the westerly line,of SeaView Ave. near and to the south of the intersection with Deer Park Ave. as is
shown on the Map of Coleman Addn. to San Rafael in Book 1 at page 39, Official Records of Marin
County, said point being S 75042'E, 29.07 ft. more or less from the intersection of the two westerly courses
of SeaView Ave. being S 40*01' E, 5333 ft. and S 75042' E,145.84 ft.; thence along said westerly line of
SeaView Ave. S 75042' E, 116.77 ft. ; thence S 35*08' E,119.72 ft.; thence S 15105' E,126.49 ft.; thence
S 53°45' E,146.84 ft.; thence S 24°41' E, 339.87 ft. to an angle point of the westerly line of SeaView Ave.,
thence leaving the westerly line of SeaView Ave. N 74°29'30" E, 4151 ft. more or less to the Point of
Beginning being an angle point on the easterly line of SeaView Ave., said angle point being S 24°41' E,
6.11 ft. from the southwest corner of that certain parcel of land conveyed by San Rafael Development
Company to Alexander P.Ivars, by Deed recorded August 19, 1939 in Book 381 of Official Records at
page 257, Marin County Records, running thence from the true point of beginning northerly along the
easterly line of SeaView Ave. N 06020' E, 6.11 ft. to said southwest corner herein mentioned; thence
leaving the westerly line of SeaView Ave. along the southerly line of the lands conveyed to lvars,
N 65°19' E, 197.92 ft.; thence leaving said line and running S 15°41'30" E, 273.32 ft.; thence S 00°37 E,
169.46 ft.; thence N 57032' W, 290.46 ft.; thence N 66°39' W, 76.20 ft. to the easterly line of SeaView
Ave.; thence along said easterly line N 45035' E, 69.79 ft.; thence N 06°20' E, 110.08 ft. to the
Point of Beginning.
Containing Approximately 1.61 acres
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J.L.Engineering
1539 Fourth St., San Rafael, Ca. 94901
415157-6647, fax 457-2517
EXHIBIT "Ein
SAN RAFAEL SANITATION DISTRICT
RESOLUTION NO. 99-829
A RESOLUTION MAKING DETERMINATIONS
DESCRIBING BOUNDARIES OF TERRITORY,
DESIGNATED "SEAVIEW AVENUE ANNEXATION #5"
TO THE SAN RAFAEL SANITATION DISTRICT,
ESTABLISHING TERMS AND CONDITIONS,
AND ORDERING ANNEXATION OF TERRITORY
(Dowling - 204 Seaview Avenue - APN 016-041-23)
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 99-11, Resolution Making Determinations
and Approving Annexation with Waiver of Notice, Hearing and Election to the San
Rafael Sanitation District designated as "Seaview Avenue Annexation #5"; and
WHEREAS, Resolution No. 99-11 of the Local Agency Formation
,.,o.-jjmiss;un o4 Muria County i pprova`: the pi-oposed 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
l �nr�M
WHEREAS, 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 tiled.
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 "Seaview Avenue Annexation #5"
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 99-11 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. The Executive Of,. , of the Local Agency Formation Commiss.-a 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 "Seaview
Avenue Annexation #5" to the San Rafael Sanitation District, as required
by the provisions of the Cortese -Knox Local Government Reorganization
Act of 1985.
8. 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 cogen, Chairman Boro
NOES: Name
ABSENVABSTAIN: Director Ki
A er J. Bor airman
ATTEST:
Paul M. Cohen, Secretary
M
SEAVIEW DRIVE ANNEXATION No. S
to
San Rafael Sanitary District
Mapping No. 13/98
Commencing at a point on the easterly line of the San Rafael Sanitary District said point also being on
the westerly line of SeaView Ave. near and to the south of the intersection with Deer Park Ave. as is
shown on the Map of Coleman Addn. to San Rafael in Book 1 at page 39, Official Records of Marin
County, said point being S 75042' E, 29.07 ft. more or less from the Intersection of the two westerly courses
of SeaView Ave. being S 40001' E, 5333 ft. and S 75042' E, 145.84 ft.; thence along said westerly line of
SeaView Ave. S 75°42' E, 116.77 ft. ; thence S 35108' E, 119.72 it.; thence S 15°05' E, 126.49 ft.; thence
S 53°45' E, 146.84 ft.; thence S 24°41' E, 339.87 ft. to an angle point of the westerly line of SeaView Ave.;
thence leaving the westerly line of SeaView Ave. N 74°2930' E, 4151 ft. more or less to the Point of
Beginning being an angle point on the easterly tine of SeaVtew Ave., said angle point being S 24°41' E,
6.11 ft. from the southwest corner of that certain parcel of land conveyed by San Rafael Development
Company to Alexander P.Ivars, by Deed recorded August 19, 1939 in Book 381 of Official Records at
page 257, Marin County Records; running thence from the true point of beginning northerly along the
easterly line of SeaView Ave. N 06020' E, 6.11 ft. to said southwest corner herein mentioned; thence
leaving the westerly line of SeaView Ave. along the southerly line of the lands conveyed to Ivars,
N 65°19' E,197.92 ft.; thence leaving said line and running S 15041'30" E, 273.32 ft.; thence S MT E.
169.46 ft.; thence N 57°32' W, 290.46 ft.; thence N 66039' W, 76.20 ft. to the easterly line of SeaView
Ave.; thence along said easterly line N 45°35' E, 69.79 ft.; thence N 06°20' E, 110.08 ft. to the
Point of Beginning.
Containing Approximately 1.61 acres
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J.L.Engineering
1539 Fourth St., San Rafael, Ca. 94901
415457-6647, fax 457-2517
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MARIN LOCAL AGENCY FORMATION COMMISSION
RESOLUTION NO. 99-11
RESOLUTION MAKING DETERMINATIONS AND APPROVING ANNEXATION
WITH WAIVER OF NOTICE, HEARING AND ELECTION
TO SAN RAFAEL SANITATION DISTRICT
"Seaview Avenue Annexation #5"
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 1.61 acres, is found to be uninhabited, and is assigned
the following distinctive short form designation: "Seaview Avenue Annexation #5" to San
Rafael Sanitation District.
The foregoing instrument is a correct copy
of the original on record in the office of the
Local Agency Formation Commission of the
County of Marin, State of California.
f�ti
Section 4. Tuc proposal is consistent with the aL..,pted 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
ATTEST:
a _��170 ��
Peter V. Banning, Executive T cer
Jeffry Blanchfeld, Chairperson