HomeMy WebLinkAboutCC Resolution 9860 (163 McNears Open Space)RESOLUTION NO. 9 8 6 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING EXECUTION OF QUITCLAIM DEED
TO PORTIONS OF THE CITY'S OPEN SPACE LANDS BASED
UPON ADVERSE POSSESSION RIGHTS (163 MCNEAR DRIVE)
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, certain open space lands were dedicated to the City of San
Rafael pursuant to the final map for the Peacock Gap Neighborhood One -B Subdivision
recorded in 1985 as Document 85018645, also known as AP No. 186-530-63; and
WHEREAS, the current owners of the property known as 163 McNear
Drive, also known as AP No. 186-504-01, have provided evidence, satisfactory to City
staff, that their predecessors in interest made certain fencing and yard improvements in or
about 1973, which extended beyond the boundary lines of their property, pursuant to
which they took possession, open and notoriously, under claim of right, for a continuous
and uninterrupted period of five or more years, of a portion of the lands that were
dedicated more than ten (10) years later to the City as the aforementioned open space
lands; and
WHEREAS, the current owners of 163 McNear Drive also have provided
evidence, satisfactory to City staff, that the property was sold in 1976, raising a natural
inference that the tax assessment of the property thereafter included the fair market value
of the lands containing the fence and yard improvements extending beyond the boundary
lines of 163 McNear Drive, thereby resulting in tax payments on such lands by the owners
of 163 McNear Drive for five or more years; and
-1-ORIGIi�A[ a:i�"
WHEREAS, the current owners of 163 McNear Drive have requested that
the City Council authorize execution and recording of the attached Quitclaim Deed,
reflecting the rights to which they are entitled by adverse possession to a portion of the
aforementioned open space lands dedicated to the City in 1985, as described in such
Quitclaim Deed; and
WHEREAS, City staff has determined that the current owners of 163
McNear Drive have provided satisfactory evidence as to all the elements required to
establish adverse possession rights with respect to the portion of the City's open space
lands described in such Quitclaim Deed; and
WHEREAS, City staff has determined that the legal description attached
to and incorporated into such Quitclaim Deed as Exhibit "A", correctly describes the
portion of the City's open space lands to which the adverse possession rights of the current
owners apply.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF SAN RAFAEL AS FOLLOWS:
1. That the Mayor is hereby authorized to execute a Quitclaim Deed in the
form attached hereto on behalf of the City Council; and
2. The City Clerk is directed to record such Quitclaim Deed in the Office
of the Marin County Recorder.
-2-
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 2"d day of June, 1997, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE M. LEO INI, ity Jerk
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Recorded at the request of and
when recorded to be returned,to:
Werner and Andrea Scharf
163 McNear Drive
San Rafael, CA 94901
Mail tax statements as before
A.P. No. 186-504-01 DOCUMENTARY TRANSFER TAX $ -0-
A.P. No. Computed on the consideration
or value of property conveyed;
Computed on the consideration
or value less liens or encumbrances
remaining at time of sale; or
X No consideration paid by Grantee
Signature of Declarant or Agent
QUITCLAIM DEED
In consideration of adverse possession rights which accrued prior to
its ownership of the subject real property, the CITY OF SAN RAFAEL, a
charter City under the California Constitution (hereafter "GRANTOR"),
hereby remises, releases and forever quitclaims to Werner Scharf and Andrea
Scharf (hereafter ("GRANTEE"), all of Grantor's right, title and interest
in the subject real property located in the City of San Rafael, County of
Marin, California, described as follows:
See Exhibit "A" attached hereto and
incorporated herein by this reference.
This Quitclaim Deed is given to relinquish and release any right,
title and interest purportedly granted to Grantor with respect to the
subject real property by virtue of a dedication to the City of San Rafael
for use as public space as shown on that certain Map entitled "Map of
Peacock Gap Neighborhood One -B," filed for record on May 6, 1985, in Book
19 of Maps at page 45, Marin County Records, and recorded as Document No.
85018645.
Grantor makes this conveyance through the Mayor of the City of San
Rafael on behalf of the City of San Rafael, California, pursuant to
authority conferred by Resolution No.
of the City Council of
the City of San Rafael, and consents to recordation of this document by the
Mayor of the City of San Rafael as the City's duly authorized
representative.
Executed this
Marin County, California.
STATE OF CALIFORNIA )
ss.
County of Marin )
day of , 1997, at San Rafael,
Grantor:
The City of San Rafael, a Charter City
Under the California Constitution
By
Al Boro, Mayor
On this day of , 1997, before me,
, Notary Public, personally appeared Al Boro,
personally known to me or proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the above Quitclaim
Deed as Mayor of the City of San Rafael, Marin County, California, and
acknowledged to me that he executed the same in his authorized capacity,
and that by his 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.
DESCRIPTION
BEGINNING at the southernmost point of Lot 88, "Map Of Glenwood Forest, Unit
Two", recorded in Book 14 of Maps at Page 13, Marin County Records; Thence along
the easterly line of Lot 91 of said map, along the arc of a curve of radius 350.00 feet, the
center of which bears S 57011'38" W, through a central angle of 5033'22", an arc length
of 11.00 feet; Thence N 66010'00" E, 57.00 feet; Thence N 25050'00 W, 7.50 feet;
Thence N 64010'00" E, 81.50 feet; Thence N 32020'00" W, 56.16 feet to the southerly
line of McNear Drive as shown on said map; Thence along said line, S 57011'38" W,
10.69 feet to the easterly line of Lot 88; Thence along said line, 46.06 feet along the arc
of a curve of radius 475.00 feet, the center of which bears S 57011'38" W, through a
central angle of 5033122", to the southeast corner of Lot 88; Thence along the southerly
line of said lot, S 62045'00" W, 125.00 feet to the point of beginning.
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