HomeMy WebLinkAboutCC Resolution 10728 (Traffic Operational Improvements)RESOLUTION NO. 10728
RESOLUTION REGARDING PROPERTY ACQUISITION FOR THE EAST SAN
RAFAEL TRAFFIC OPERATIONAL IMPROVEMENTS PHASE IIA
(SHORELINE):
a) APPROVING THE PROPERTY PURCHASE AGREEMENT WITH CAL
PDX, INC. IN THE AMOUNT OF $90,656 FOR PROPERTY ACQUISITION
(PORTION OF APN 009-320-43) NECESSARY FOR THE SUBJECT
PROJECT;
b) AUTHORIZING THE VICE MAYOR TO EXECUTE THE PROPERTY
PURCHASE AGREEMENT;
c) ACCEPTING GRANT DEED FOR THE SUBJECT PROPERTY (PORTION
OF APN 009-320-43); AND AUTHORIZING THE VICE MAYOR TO
EXECUTE A CERTIFICATE OF ACCEPTANCE;
d) ACCEPTING EASEMENT DEED FOR A SLOPE EASEMENT ADJACENT
TO SUBJECT PROPERTY.
WHEREAS, the addition of new businesses adjacent to the intersection of East
Francisco Boulevard and Shoreline Parkway has significantly increased traffic in the area;
and
WHEREAS, in order to provide sufficient capacity it is necessary to widen the
roadway at the intersection; and
WHEREAS, one of the properties directly affected by the widening is owned by
Cal Pox, Inc. being a portion of (APN 009-320-43); and
WHEREAS, Associated Right of Way Services (AR/WS) were retained by the
City of San Rafael to perform an appraisal of the property required and prepare the
Property Purchase Agreement; and
WHEREAS, a slope easement is also required from Cal Pox, Inc. on the adjacent
property; and
WHEREAS, the cost of the property required is valued at $90,656;
NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED;
that the City Council approve the Property Purchase Agreement;
IT IS FURTHER ORDERED AND RESOLVED that the Vice Mayor is
authorized to execute Property Purchase Agreement between the City of San Rafael and
Cal Pox, Inc. in the amount of $90, 656; and
IT IS FURTHER ORDERED AND RESOLVED that the City accept the Grant
Deed for the subject property (Portion of APN 009-320-43) attached and incorporated
herein as Exhibit A, and that the Vice Mayor is hereby authorized to execute a Certificate
of Acceptance; and
IT IS FURTHER ORDERED AND RESOLVED that the City accept the
easement deed for a slope easement adjacent to subject property, attached and
incorporated herein as Exhibit B.
I, JEANNE M. LEONCINI, City 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 held on the 16t" day of October, 2000, by the
following vote, to wit:
AYES: COUNCIL MEMBERS: Cohen, Miller, Phillips and Vice -Mayor Heller
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS:Mayor Boro
JEANA M. LEONCINI, City Clerk
GRANTOR: CAL-PDX, Inc. a California Corporation
Project Name: East San Rafael Traffic Operation Improvements — Phase 2A APN: 009-320-043
CITY OF SAN RAFAEL
PROPERTY PURCHASE AGREEMENT
In consideration of the terms and conditions set forth in this Property Purchase Agreement (Agreement)
CAL-PDX, Inc., a California corporation, shall deposit in an escrow designated by the City of San Rafael
(CITY), a Grant Deed and a Slope Easement Deed suitable for recordation and conveying from
GRANTOR to CITY the property rights as described therein and attached hereto as Exhibits "A" and `B".
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:
1. Entire Agreement:
The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes
the entire consideration for the Grant Deed and the Slope Easement Deed and shall relieve the CITY, except for
its negligence, of all further obligations or claims on this account or on account of the location, grade,
construction or operation of the proposed public improvement.
2. The CITY shall:
A. Pay the sum of Ninety Thousand, Six Hundred Fifty -Six and N0/100 Dollars ($90,656.00) for the property
rights identified in Exhibits "A" and `B", attached hereto and made a part hereof, to the following title
company: First American Title Company (or any other title company selected by CITY) for the account of the
GRANTOR, conditioned upon the property vesting in the CITY free and clear of all liens, leases,
encumbrances, (recorded or unrecorded), assessments and taxes subject to exceptions numbers 3 through 11
contained in the Title Report issued by the above Title Company and dated October 5, 1999 and updates
thereof.
B. Pay all escrow, recording and title insurance charges, if any, incurred in this transaction.
C. Have the authority to deduct and pay from the amount shown in Clause 2A above any amount necessary to
satisfy any liens, bond demands and delinquent taxes due in any year except the year in which this escrow
closes, together with penalties and interest thereon, and/or delinquent and unpaid non delinquent assessments,
which may have become alien at the close of escrow. Current taxes, if unpaid, shall be segregated and prorated
as of the close of escrow and paid from the amount shown in Clause 2A above. Close of escrow for this
transaction shall be contingent upon the Title Company receiving deeds of partial reconveyance and/or
Subordination Agreements from any deed of trust or mortgage holder trustees and beneficiaries as well as
quitclaim deeds from any leasees in possession. GRANTOR agrees to cooperate and reasonably assist CITY in
the securing of any partial reconveyances, Subordination Agreements or quitclaim deeds.
3. Pavment of Deed of Trust:
If this property is secured by a mortgage(s) or deed(s) of trust, GRANTOR is responsible for payment of any
demand under authority of said mortgage or deed of trust out of GRANTOR's proceeds. Such amounts may
include, but not be limited to, payments of unpaid principal and interest.
4. Escrow Instructions:
GRANTOR hereby authorizes CITY to prepare and file escrow instructions in accordance with this Agreement
on behalf of both parties. Grantor will be provided with a copy of CITY'S escrow instructions by Title
Company identified in Clause 2, prior to close of escrow.
S:lSan Rafael/Properly Purchase Agreement/Cal-PoxIM1072400
GRANTOR: CAL-PDX, Inc. a California Corporation
Project Name: East San Rafael Traffic Operation Improvements — Phase 2A APN: 009-320-043
5. Hazardous Wastes:
The GRANTOR hereby represents and warrants that during the period of GRANTOR's ownership of the
property, GRANTOR has no knowledge of any disposals, releases or threatened releases, hazardous substances
or hazardous wastes on, from, or under the property. GRANTOR further represents and warrants that
GRANTOR has no knowledge of any disposal release, or threatened release of hazardous substances or
hazardous wastes, on, from, or under the property which may have occurred prior to GRANTOR taking title to
the property.
The acquisition price of the property being acquired in this transaction reflects the fair market value of the
property without the presence of contamination. If the property being acquired is found to be contaminated by
the presence of hazardous waste which requires mitigation under Federal, State or local law or ordinance, CITY
may elect to recover its cleanup cost from those who caused or contributed to the contamination.
6. Richt of Possession:
It is agreed and confirmed by the parties hereto that, notwithstanding the other provisions in this Agreement, the
right of possession and use of the subject property by the CITY, including the right to remove and dispose of
improvements, shall commence on, July 15, 2000 and that the amount shown in Clause 2A herein includes, but
is not limited to, full payment for such possession and use, including interest and damages if any, from said
date.
7. Binding on Successors and Assigns:
This Agreement shall be binding on and inure to the benefit of the respective heirs, successors and assigns of
the parries to this Agreement.
8. Lease Warrantv and Ouitclaim Deeds:
Except for Argonaut Holdings, Inc, GRANTOR warrants that there are no oral or written leases or sub -leases on
all or any portion of the property identified in Exhibits "A" and "B" exceeding a period of one (1) month at the
time of signature of this Agreement and GRANTOR further agrees to hold the CITY harmless and reimburse
CITY for any and all of the losses and expenses occasioned by reason of any lease of said property held by any
tenant of GRANTOR.
9. Anaroval of CITY:
GRANTOR understands that this Agreement is subject to the approval of the San Rafael City Council. Further,
that this Agreement shall have no force or effect unless and until said City Council approval has been obtained.
10. Authoritv to Sign:
The signatories to this Agreement represent and warrant that they are authorized to enter into this Agreement,
and that no other authorizations are required to implement this Agreement on behalf of GRANTOR.
11. Counterparts Signature:
This Agreement may be executed in counterparts, each of which shall be an original, but all counterpart's
signatures shall constitute one (1) agreement.
2
S:/San Rafael/Property Purchase Agreement/Cal-PoxIM1072400
GRANTOR: CAL-PDX, Inc. a', omia Corporation
Project Name: East San Rafael Traffic Operation Improvements — Phase 2A APN: 009-320-043
12. Easement Area
GRANTEE warrants that the proposed acquisition of the Easement area, as identified in Exhibit 13; attached
hereto and made a part hereof, will not adversely affect the density of development which may be undertaken
on the property,
(As used above, the term, "GR.4NTOR " shall include the plural as well as the singular number.)
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written herein below.
CITY OF SAN RAFAEL
Barbara Heller
TITLE: Vice -Mayor
DATE: October 16, 2000
ATTEST: A�
JeWne M. LeonIrl�ty�lerk
DATE: October 16, 2000
APPROVED To F
BY: :er'
"I-torne
G y T Ragghian i
DATE: October 16, 2000
GRANTOR: CAL-PDX, Inc., a California
Corpo
BY:
TrFLE: 111 1010 /0 VV
DATEX'P'w;)Y'&—rz_
BY:
TITLE:
DATE:
NO OBLIGATION OTHER THAN SET FORTH HEREIN WILL BE RECOGNIZED
3
S:lSan RafadlProperty Purchase AgreementlCal-PoxIM1072400
RECORDING REQUESTED BY:
FIRST AMERICAN TITLE COMPANY OF MARIN
AND WHEN RECORDED MAIL TO:
THE CITY OF SAN RAFAEL
ESCROW NO. 1-207526TK:PH
to City of San Rafael
Property Purchase Agreement
THIS SPACE FOR RECORDER'S USE ONLY:
GRANT DEED
TITLE ORDER NO. 1.207526TK
THE UNDERSIGNED GRANTOR($) DECLARE(s)
DOCUMENTARY TRANSFER TAX is $_
[Xl computed on full value of property conveyed, or
[ 1 computed on full value less value of liens or encumbrances remaining at time of sale,
[ ) Unincorporated area [XI City of San Rafael, AND
FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged,
CAL-PDX, INC., a California Corporation
hereby GRANT(s) to:
THE CITY OF SAN RAFAEL, a Municipal Corporation
the real property in the City of San Rafael, County of Marin, State of California, described as:
LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT A AND MADE A PART HEREOF,
A.P. #009-320-043
ALSO KNOWN AS: EAST FRANCISCO BLVD. AND SHORELINE PARKWAY, SAN RAFAEL, CA
DATED July 17, 2000
STATE OF CALIFORNIA
COUNTY OF
On
before mo,
a Notary Public in and for said State, personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(A)
Is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/hor/choir
authorized capacity(ios), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of
which the persons) acted, executed the instrumont.
WITNESS my hand and official'seal.
Signature
(This area for official notarial sea()
Mail tax statements to: SAME AS ABOVE
Date; July 14, 1999
Pile: 4.1017.00
PARCEL 2
DESCRIPTION OF LAND ACQUISITION
BY THE CITY OF SAN RAFAEL
' • a ul vexd as tho ofShorelino Center
Beginning at apouit on the nght�of w y ofFtaact6co $o o shown on map
;recorded onApril 4,1994 inBook2l ofMape, atPage 27, Marin CountyRecords, said point being the
most southerly comer of Lot 4 as shown on said map;
thence along said right-of-way, North 38°3242" Wast 250.00 feet to the beginning of. curve to the tight,
thence along said curve to the right, tangent to the preceding courA having a radius of50,00 feet through
a central angle of 90100100", an are distmcc of 78.54 feet;
thence leaving sold right-of-way along the are ora non -tangent curve, concave to the Bast, whose center
boars South 5412558" East, having a radius of50.00 feet, through aoentral angle of74°06'44", having an
arc distance of 64.68 foot;
thence South 38°3242" East 116.93 feet;
thence South 33°22'13" East 135,63 feet; to the southerly boundary of said lot 4;
thence along said boundary South 5 i°27'18" West 1.45 feet to the Point of Beginning.
Containing 3,202 square feet, more or less.
l
EXHIBIT A
117,00'
m
Q
U
U
4q
cc
U.
W
SHORELINE PKI",
EXISTING 8LW-, _. .
CURVE TABLE
CURVE LENGTH RADIUS DELTA
C4 '78.54 50,00 90'00'00"
C5 64.68 50.00 74'06'44 -
LOT
2-1 A/JAFS 27
csw SCALE 40'
CSWSTUBER—STROEH 06-2a-99 Joel 4,1.07.00
[St]2ENGINEERING GROUP, INC. DIAGRAM OF LANDAC UISITION
CONSULTING ENGINEERS BY TM CITY OF SAN RAFAEL
790 D*Long Ave., Novato, CA, 94945-32AG 13XMDIT A - PAP -CBL 2
(415) 892-4763 FAX (415) 892-4502
a im SAN RAFAES. MARIN CSN!
1\Ods!\dat8\CIVIL.14\4 JoI?00\exbt-e5Mt.dwg Wed Jul 14 !6:25. Q 1999 Rtw
LINE TABLE
LINE
LENGTH
BEARING
L8
250.00
N31!'3 '4 'W
L9
116,83
S38'32_,_ 42 E,r
L10
135.63
S3T22'13"E
Of
1.45
S'S1'27'18"W
CURVE TABLE
CURVE LENGTH RADIUS DELTA
C4 '78.54 50,00 90'00'00"
C5 64.68 50.00 74'06'44 -
LOT
2-1 A/JAFS 27
csw SCALE 40'
CSWSTUBER—STROEH 06-2a-99 Joel 4,1.07.00
[St]2ENGINEERING GROUP, INC. DIAGRAM OF LANDAC UISITION
CONSULTING ENGINEERS BY TM CITY OF SAN RAFAEL
790 D*Long Ave., Novato, CA, 94945-32AG 13XMDIT A - PAP -CBL 2
(415) 892-4763 FAX (415) 892-4502
a im SAN RAFAES. MARIN CSN!
1\Ods!\dat8\CIVIL.14\4 JoI?00\exbt-e5Mt.dwg Wed Jul 14 !6:25. Q 1999 Rtw
RECORDING REQUESTED BY:
FIRST AMERICAN TITLE COMPANY OF MARIN
AND WHEN RECORDED MAIL TO:
THE CITY OF SAN RAFAEL
to City of San Rafael
Property Purchase Agreement
THIS SPACE FOR RECORDER'S USE ONLY:
ESCROW NO, 1-207G26TK.,PH TITLE ORDER NO. 1.207626TK
EASEMENT DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(s)
DOCUMENTARY TRANSFER TAX Is $
(XJ computed on full value of property conveyed, or
( ] computed on full value less valuo of liens or encumbrances remaining at time of sale.
( ) Unincorporated aroa (X) City of San Rafael, AND
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CAL-PDX, INC., a California Corporation
hereby GRANT(s) to:
THE CITY OF SAN RAFAEL, a Municipal Corporation
An EASEMENT for Slope Purposes over the real property in the City of San Rafael, County of Marin,
State of California, described as:
LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT B AND MADE A PART HEREOF.
A.P. #009.320-043
ALSO KNOWN AS: EAST FRANCISCO BLVD. AND SHORELINE PARKWAY, SAN RAFAEL, CA
DATED July 17, 2000
STATE OF CALIFORNIA
COUNTY OF
On
before me,
a Notary Public in and for said State, personally appeared
personally known to me (or proved to me on the basis of
satisfactory ovldenco) to be the person(s) whose name(s)
is/are subscribed to ilia 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), or the entity upon behalf of
which the porson(s) acted, executed the instrument.
WITNESS my hand and official seal,
Signature,
(This area for official notarial seal)
Mail tax statements to: SAME AS ABOVE
i
EXHIBIT b
1
64.68
50.00 74'06'44"
C6
68.14
44.00 86'43'52"
�
LINE TABLE
I
UNE
LENGTH
J
L9
115,83
N38'32'42" W
L10
135.63
N33'22' 13" W ,
l
O
I
Li
6.02
1 S51';1'Ie"W
L13
135.36
1 533'�2'1YE
0
117.10
1 S38.3zjrE
LIS
4.10
SM3 '4 "E
L16 I
12.71
S31':7' 1 Ir W
I
U.
z
�
I-�
117.00'
L11 I
ter- L 12
INrO7r
I
AFr1NNINr,
SHORELINE PKWY
EXISTINO R/W _
CURVE TABLE
CURVE LENGTH RADIUS DELTA
Cs
64.68
50.00 74'06'44"
C6
68.14
44.00 86'43'52"
LINE TABLE
UNE
LENGTH
SEARING
L9
115,83
N38'32'42" W
L10
135.63
N33'22' 13" W ,
01
1.45
N51'27'18"E
Li
6.02
1 S51';1'Ie"W
L13
135.36
1 533'�2'1YE
L14
117.10
1 S38.3zjrE
LIS
4.10
SM3 '4 "E
L16 I
12.71
S31':7' 1 Ir W
LOT 4
1 A6APS 27
r -
to
SCALE 1" 40
_csw CSW/STUBER--STROEH 06-24-91 1 JOE# 4,1.017.00
[st] 2 ENGINEERING GROUP, INC. DIAGRAM OF SLOPE EASEMENT
CONSVLTIN4 ENGINEERS A C UISMON BY
790 Datong Ave., Novoto, CA. 94945-3246 THE Crff OF SAN RAFAEL
( 415) 892-4763 FAX (415) 992-4502 EXHIBIT A - PARCEL 3
a IM SAN RAFAEL MARIN CALIF
%A -6-4k r,r-\('lvT1 \AAi017rM\Prht-0Smt.dwa Thu Jul 15 11: 42: 17 1999 Rtw
Date: July 14, 1999
File: 4.1017.00
O(HIBIT'B
PARCEL 3
DESCRIPTION OF SLOPE EASEMENT
BY THE CITY OF SAN RA.FAEL
Commencing at the most southerly comer of Lot 4 as shown on the map of Shoreline Center recorded
on April 4, 1994 in Book 21 of Maps, at Page 27, Marin County Records;
thence along the southerly boundary of said Lot 4, Notch 5102111 8"East 1.45 feet to the True Point of
Beginning;
thence leaving said southerly boundary North 33°22' 13" West 135.63 feet;
thence North 38132'42" Wast 116.83 feet to the beginning of a curve to the right;
thence along said curve to the right, tangent to the preceding course, having a radius of 50.00 fret, through
a central angle of 74°06'44", an arc distance of 64.68 feet; to a point on the right-of-way of Shoreline
Parkway as shown on said map of Shoreline Center.
thence along said right-of-way of Shoreline Parkway North 51°27'18" East 12.71 feet;
thence leaving said right-of-way of Shoreline Parkway South 38°32'42" East 4.10 feet;
thence along the arc o f a non -tangent curve, concave to the East, whose center bears South 39°48'50"
East, having a radius of 44.00 feet, through a central angle of 88°43'52", an arc distance of 68.14 feet;
thence South 38°32'42" Last 117.10 feet;
thence South 33°22'13" East 135.36 feet to apoint which lies on the southerly boundary o fsaid Lot 4 as
shown on said map;
thence along the southerly boundary of said Lot 4 South 51027'18" West 6.02 fact to the True Point of
Beginning.
Containing 1,936 squaro feet, more or less,
11W 11DATAV1�wd�IWI1041�,K.10•M 017