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HomeMy WebLinkAboutCC Resolution 10729 (Traffic Operation Improvements)RESOLUTION NO. 10729 RESOLUTION REGARDING PROPERTY ACQUISITION FOR THE EAST SAN RAFAEL TRAFFIC OPERATIONAL IMPROVEMENTS PHASE IIA (SHORELINE): A) APPROVING THE PROPERTY PURCHASE AGREEMENT WITH LISE SONNEN (90% INTEREST) AND MARK BLACKSHERE (10% INTEREST) IN THE AMOUNT OF $66,230 FOR PROPERTY ACQUISITION (PORTION OF APN 009-320-42), 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 009-320-42); AND AUTHORIZING THE VICE MAYOR TO EXECUTE A CERTIFICATE OF ACCEPTANCE; D) ACCEPTING TEMPORARY CONSTRUCTION EASEMENT ON THE ADJACENT 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 Lise Sonnen (90% Interest) and Mark Blackshere (10% Interest) being a portion of (APN 009-320-42); 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, the cost of the property is valued at $66,230. NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED; that the City Council approve the Property Purchase Agreement; and IT IS FURTHER ORDERED AND RESOLVED that the Vice Mayor is authorized to execute Property Purchase Agreement between the City of San Rafael and Lise Sonnen (90% Interest) and Mark Blackshere (10% Interest) in the amount of $66,230, 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 Grant Deed for the subject property (Portion of APN 009-320-42) attached and incorporated herein as Exhibit A; and IT IS FURTHER ORDERED AND RESOLVED that the City accept a temporary construction easement on the adjacent 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 16th day of October, 2000, by the following vote, to wit: AYES: COUNCIL MEMBERS: Cohen, Miller, Phillips & Vice -Mayor Heller NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Mayor Boro JEAN M. LEONCINY, City Clerk CERTIFICATE OF ACCEPTANCE The City of San Rafael hereby accepts the attached Grant Deed from Lise Sonnen (90 percent interest) and Mark Blackshere (10 percent interest), Owner(s) of property at northeast corner of East Francisco Boulevard and Shoreline Parkway, Assessor's Parcel No. 009-320-042, in San Rafael, California. Resolution No. 10729 was adopted by the City Council of the City of San Rafael on October 16, 2000 authorizing the Vice -Mayor to execute the conveyance. ���✓tea-- 1�.����2.ti' BARBARA HELLER, Vice -Mayor Attest: JE"M LEONONI, City Clerk CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Marin ss. On Dec. 13, 2001 before me, Nancy Eurman, Notary Publ is Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Barbara Heller r NANCY EURMAN r COMM. #1248639 NOTARY PUBLIC -CAL FORMA O MARIN COUNTY "f My Comm. Exp)res Feb. 4, 2004 Place Notary Seal Above Name(s) of Signer(s) "personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(arwhose name(-S09aw subscribed to the within instrument and acknowledged to me that/h§(she)they executed the same inauthorized capacity(' s), and t at by ht§_C6Jthoir' signature(<on the instrument the person�*ror the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. 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: Certificate of Acceptance re Grant Deed from Lise Sohnen & Mark Blackshere (APN: 009-320-042) Document Date: n/a Number of Pages: One Signer(s) Other Than Named Above: Jeanne M. Leoncini, City Clerk (Attest) Capacity(les) Claimed by Signer Signer's Name: Barbara Heller ❑ Individual Top of thumb here ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator XIS Other: Vice -Mayor Signer Is Representing: City of San Rafael © 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 GRANTOR: Lisa Sonne,. — A Project Name: East San Rafael Traffic Operation Improvements — Phase 2A APN: 009-320-042 CITY OF SAN RAFAEL PROPERTY PURCHASE AGREEMENT In consideration of the terms and conditions set forth in this Property Purchase Agreement (Agreement) Lisa Sonnen, a married woman as her sole and separate property, as to an undivided 90% interest and Mark Blackshere, a married man as his sole and separate property, as to an undivided 10% interest, as Tenants in common, shall deposit in an escrow designated by the City of San Rafael (CITY), a Grant Deed suitable for recordation and conveying from GRANTOR to CITY fee simple title to the area described in Exhibit "A", incorporated herein by this reference. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. Entire Aereement: 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 shall relieve the CITY 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 Sixty -Six Thousand Two Hundred Thirty and No/100 Dollars ($66,230.00) for the property rights identified in Exhibit "A", attached hereto and made a part thereof, 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 except any exceptions to title which are acceptable to CITY as said exceptions are identified in the title report relating to the subject property issued by the above Title Company and dated October 5, 1999 and updates thereof. Clearing of any title exceptions not acceptable to CITY is the responsibility of GRANTOR. 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 a lien 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 for 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 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. sanrajae! propertypurchaseagreement-lisasonne GRANTOR: Lisa Sonnen _. dl, Project Name: East San Rafael Traffic Operation Improvements — Phase 2A APN: 009-320-042 4. Temnorary Construction Easement: In addition to the Grant of Deed, GRANTOR hereby grants to AGENCY a Temporary Construction Easement (TCE) for the use and storage of tools, machinery, materials and equipment by AGENCY, and its contractors over and upon that certain real property shown on Exhibit B, attached hereto and made a part hereof together with the right of ingress to and egress from said property and the right at all times to enter over and upon said real property and every part thereof and also to use said real property for all purposes connected with the construction of the proposed public improvement for a continuous periad of 3 months beginning upon the date of the commencement of construction related work on the subject property. 5. Escrow Instructions: GRANTOR hereby authorizes CITY to prepare and file escrow instructions in accordance with this Agreement on behalf of both parties. 6. Catch Basins Catch basins, if any, installed by CITY to improve the existing drainage shall become the property and responsibility of Grantor. 7. Hazardous Wastes: The GRANTOR hereby represents and warrants that during the period of GRANTOR's ownership of the property, there have been no 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. 8. Right 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 January 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. 9. 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 parties to this Agreement. 10. Lease Warrantv and Ouitclaim Deeds: GRANTOR warrants that there are no oral or written leases or sub -leases on all or any portion of the property identified in Exhibit "A" exceeding a period of one (1) month except for an unrecorded lease as identified in Exception 23 of the title report dated October 5, 1999 — between BMW Financial Services, NA, Inc., and Mill Valley Imports, Inc., dba Sonnen Mill Valley BMW, 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. 2 sanrajael propertypurchaseagreement-lisasonnen pmb-10-99 GRANTOR: Lisa Sonnen Project Name: East San RL rraffic Operation Improvements — Phase 2A APN: 009-320-042 11. Aonroval 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. 12. Authoritv to Sien: 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. 13. Countemarts Sienature: This Agreement may be executed in counterparts, each of which shall be an original, but all counterpart's signatures shall constitute one (1) agreement. (As used above, the term, "GRANTOR " shall include the plural as well as the singular numll r) IN WITNESS WHEREOF, the parties have executed this Agreement the nd year fir written h low. CITY OF SAN RAFAEL G OR: BY: oaG/ 6'' Barbara Heller / TITLE: Vice -Mayor DATE: l DATE: October 16, 2000 ATTEST: J- DATE: anne M. L. on ini, City Clerk DATE: October 16, 2000 APPROVED TO FO DATE: BY: Cit torney V Gary T. Ragghianti DATE: October 16, 2000 NO OBLIGATION OTHER THAN SET FORTH HEREIN WILL BE RECOGNIZED 3 sanrafael propertypurchaseagreement-tisasonnen pmb-10-99 Date: July 14, 1999 EXHIBIT A File: 4.1017.00 PARCEL 1 DESCRIPTION OF LAND ACQUISITION BY THE CITY OF SAN RAFAEL Beginning at a point on the right-of-way of Francisco Boulevard as shown on the map of Shoreline Center recorded on April 4, 1994 in Book 21 ofMaps, at Page 27, Marin County Records, said point being the most westerly corner of Lot 3 as shown on said map; thence along said the right-of-way, South 38°3242" East 213.62 feet to the beginning of a curve to the left; thence along said curve to the left, tangent to the preceding course, having a radius of 50.00 feet through a central angle of 9000'00", an arc distance of 78.54 feet; thence leaving said right-of-way westerly along the arc of a non -tangent curve, concave to the North, whose center bears North 27°06'28" West, having a radius of 52.00 feet, through a central angle of 78°33'46", having an arc distance of 71.30 feet; thence North 38°32'42" West 31.53 feet; thence North 51'27'18" East 4.00 feet; thence North 38°3242" West 8.00 feet; thence South 51 '27'18" West 4.00 feet; thence North 38°32'42" West 116.91 feet to the beginning of a curve to the left; thence along said curve to the left, tangent to the preceding course, having a radius of 1006.50 feet, through a central angle of 03°12'07", an arc distance of 56.25 feet to the northerly boundary of said Lot 3; thence along the said northerly boundary South 51°27'18" West 6.74 feet to the Point of Beginning. Containing 2,191 square feet, more or less. \\Ods I \DATA\Admin\ WP60\0\Dts\6-1 B-99.017 VA POINT OF BEARING BEGINNING 213.62 S38'32'42"E N 31.53 N M Q M v ZI J N38'32'42"W m 2 S51-27' 18" W � U W cf) m _ 4 - ca m I LL J c/♦ W a LU Z 0 117.00' VA LINE TABLE LINE L7 BEARING L1 213.62 S38'32'42"E L2 31.53 M 1 L3 4.00 v LINE TABLE LINE LENGTH BEARING L1 213.62 S38'32'42"E L2 31.53 N38'32'42" W 1 L3 4.00 N51'27' 18" E L4 8.00 N38'32'42"W L5 4.00 S51-27' 18" W L6 116.91 N38'32'42" W L7 ( 6.74 S51 -27'18"W MONUMENT LINE ►a L J r 9 J ]\-/J,/-\PS 21 EXISTING R/W SHORELINE PKWY g C S�1� SCALE 1" = 40' IJ CSW/STUBER-STROEH 06-24-99 JOB# 4.1.017.00 [St]2 ENGINEERING GROUP, INC. DIAGRAM OF LAND ACQUISITION CONSULTING ENGINEERS BY THE CITY OF SAN RAFAEL 790 DeLong Ave., Novato, CA. 94945-3246 EXHIBIT A — PARCEL 1 (415) 892-4763. FAX (415) 892-4502 © 1999 SAN RAFAEL MARIN CALIFORNIA - A \\Odsl\data\CIVIL\4\4101700\exbt-esmt.dwq Wed Jul 14 16:22:07 1999 Rtw CURVE TABLE CURVE LENGTH RADIUS I DELTA C 1 78.54 50.00 i 90'00100" C2 71.30 52.00 78'33'46" C3 ( 56.25 1006.50 03-12'07" MONUMENT LINE ►a L J r 9 J ]\-/J,/-\PS 21 EXISTING R/W SHORELINE PKWY g C S�1� SCALE 1" = 40' IJ CSW/STUBER-STROEH 06-24-99 JOB# 4.1.017.00 [St]2 ENGINEERING GROUP, INC. DIAGRAM OF LAND ACQUISITION CONSULTING ENGINEERS BY THE CITY OF SAN RAFAEL 790 DeLong Ave., Novato, CA. 94945-3246 EXHIBIT A — PARCEL 1 (415) 892-4763. FAX (415) 892-4502 © 1999 SAN RAFAEL MARIN CALIFORNIA - A \\Odsl\data\CIVIL\4\4101700\exbt-esmt.dwq Wed Jul 14 16:22:07 1999 Rtw Date: August 11, 1999 EXHIBIT B File: 4.1017.00 PARCEL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT BY THE CITY OF SAN RAFAEL Commencing at a point on the right-of-way ofFrancisco Boulevard as shown on the map of Shoreline Center recorded on April 4, 1994 in Book 21 on Maps, at Page 27, Marin County Records, said point being the most westerly comer of Lot 3 as shown on said map; thence along the northwesterly boundary of said Lot 3, North 51027'18" East 6.74 feet to the True Point of Beginning; thence leaving said boundary southeasterly along the are of curve to the right, whose center bears South 48015'11 " West, having aradius of 1006.50 feet through a central angle of03'12'07", an arc distance of 56.25 feet; thence South 3803242" East 116.91; thence North 51°27'18" East 4.00 feet; thence South 3832'42" East 8.00 feet; thence South 51127'18" West 4.00 feet; thence North 38'3242" West 31.53 feet, to the beginning of a curve to the left; thence along said curve to the left, tangent to the preceding course, having a radius of 52.00 feet, through a central angle of 78"33'46", an arc distance of 71.30 feet to a point on the northwesterly boundary of the right-of-way of Shoreline Parkway; thence leaving the said right-of-way North 27'06'28" West 5.00 feet to the beginning of a non -tangent curve to the right; thence westerly along the arc of a non -tangent curve, concave to the North whose center bears North 27'06'28" West, having a radius of47.00 feet, through a central angle of 78'3346", having an arc distance of 64.45 feet; thence North 38032'42" West 156.44 feet to the beginning of a curve to the left; thence along said curve to the left, tangent to the preceding course, having aradius of 1011.50 feet, through a central angle of 03°11'10", an arc distance of 56.25 feet to the northerly boundary of said Lot 3; \\0ds1 \DatMdmin\WP60\4\Dcs\8_11.". 1017 Fti N M M cm c m 0 m I Lu z 9 Z 0 TRUE POINT OF / BEGINNING POINT OF // ~ COMMENCEMENT L9 L1 —� !" LINE J m co Q W 117.00' s c� , cin "I L3 , L4 L5 J � L7 MONUMENT LINE N O 2 Ll L2 L3 L4 L5 L6 L7 L8 L9 LINE TABLE LENGTH 6.74' 116.91' 4.00' 8.00' 4.00' 31.53' 5.00' 156.44' 5.01' BEARING N51*27'1WE S38'32'42" E N51027'1 WE S38'32'42" E S51'27' 18" W S38'32'42" E N2706'28"W N38'32142" W S51'27' 18" W Lo -r 2-1 A.IYAPS 27 EXISTING RAY SHORELINE PKWY csw SCALE AUG 5, 19 90' I JOBS 4.1.017.00 CSW/STUBER-STROEH [St]2 ENGINEERING GROUP, INC. TEMPORARY CONSTRUCTION CONSULTING ENGINEERS BASEMENT - PCL. 4 790 DeLong Ave., Novato, CA. 94945-3246 (415) 892-4763 FAX (415) 892-4502 o inn SAW RAFAEL MARIN CALIFORNIA 4101700\TEMP—ESMT CURVE TABLE CURVE LENGTH RADIUS DELTA Cl 56.25' 1006.50' 03' 12'07" C2 71.30' 52.00' 78'33'46" C3 64.45' 47.00' 78'33'46" C4 56.25' 1011.50 03' 11' 10" Lo -r 2-1 A.IYAPS 27 EXISTING RAY SHORELINE PKWY csw SCALE AUG 5, 19 90' I JOBS 4.1.017.00 CSW/STUBER-STROEH [St]2 ENGINEERING GROUP, INC. TEMPORARY CONSTRUCTION CONSULTING ENGINEERS BASEMENT - PCL. 4 790 DeLong Ave., Novato, CA. 94945-3246 (415) 892-4763 FAX (415) 892-4502 o inn SAW RAFAEL MARIN CALIFORNIA 4101700\TEMP—ESMT