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Home My WebLink AboutCC Resolution 9023 (Smith Ranch Homes Development Agreement)RESOLUTION NO. 9023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING ISSUANCE OF A CERTIFICATE OF COMPLIANCE PURSUANT TO GOVERNMENT CODE SECTION 65865.1 (SMITH RANCH HOMES DEVELOPMENT AGREEMENT) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY RESOLVE AS FOLLOWS: The Mayor and City Clerk are authorized to execute, on behalf of the City of San Rafael, a Certificate of Compliance to Tishman Speyer Mediq Marin Limited Partnership, a copy of which is attached hereto and by this reference made a part hereof. 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 City Council of said City held on the 20th day of September, 1993, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro JE ESM. LEONCINL City Clerk ORIGINAL 7*yW RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Rafael 1400 - 5th Avenue P.O. Box 60 San Rafael, California 94915-0060 WHEN RECORDED MAIL CERTIFIED COPIES TO: GREENE, RADOVSKY, MALONEY & SHARE One Market Plaza Spear Street Tower, Suite 4200 San Francisco, California 94105 Attention: Thomas M. Feldstein 93-07n971,' Rec Fee I Check Recorded I Official Records I County of I MARIN I JAMES DAL BON I Recorder I 1:25pm 24 -Sep -93 I CERTIFICATE OF COMPLIANCE Issued by the City Council of the City of San Rafael (the "City"), a municipal corporation of the State of California, as of September 20, 1993. Recitals Tishman Speyer Mediq Marin Limited Partnership, a California Limited Partnership (the "Partnership"), is the owner of certain real property (the "Property"), located within the City of San Rafael, County of Marin, State of California, and further described in Exhibit "A," attached hereto and incorporated herein by this reference. The Property is subject to the terms of a certain Development Agreement (the "Development Agreement") originally entered into by and among the City, Medical Retirement Communities, Inc., a California corporation, Sagra, Inc., a California corporation, an affiliate of Medical Retirement Communities, Inc., and Marin Housing Development Corporation, a California public benefit corporation, dated as of June 3, 1985, and recorded September 10, 1985, as Instrument No. 85039085, Official Records of Marin County, California, and amended on September 18, 1989, October 16, 1989 and January 4, 1993. California Government Code Section 65865.1 requires annual review by the City of compliance with the Development Agreement in accordance with the procedures established by the City. ,§- /-,29,0 17.00 17.00 XX 5 The City has received substantial factual evidence of good faith compliance by the Partnership with the terms of the Development Agreement, in accordance with the procedures established by the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY FIND AND DETERMINE AS FOLLOWS: Section 1. Findina. The actions, programs of public works construction, economic investments, policies and real property development activities undertaken by the Partnership and described by the Partnership to the City in a public hearing dated September 20, 1993, are hereby found to comply with the terms of the Development Agreement. Section 2. Determination. For the interval commencing with September 21, 1992, and ending September 20, 1993, the Partnership has complied with the terms of the Development Agreement. IN WITNESS WHEREOF, the City Council of the City of San Rafael has caused this Certificate of Compliance to be duly executed and acknowledged. CITY OF SAN RAFAEL, a municipal corporation By: Dor.-thy L. Byei er, Vice -Mayor ATTEST: �-uJeM ini, City Clerk APPROVED AS TO FORM: kr"�'�tg V41� �`�-- Gary T. Ragghianti, City A to ey 2 State of California ) County of Marin ) On September 21. 1993 before me, A. M. MARCOTTE, a Notary Public in and for the said County and State, personally appeared Dorothv L. Breiner. Vice-Mavor of the City of. San Rafael personally known to me (cr pravet tc .. l.&ii --tee) to be the person(s) whose name(a) is/are subscribed to the within instrument and acknowledged to me that he/she/t}iey executed the same in Mrs/ her/theme authorized capacity(}es), and that by hi:s/her/their signature(a) on the instrument the person(s), or the entity upon behalf of which the person(-&) acted, executed the instrument. WITNESS my hand and official seal. _...• OFFICIAL SEAL // A. M. MARCOTTE ' Q . MAR Notary Public -California ; ,. MARIN COUNTY A. MTTE, NOTARY PUBLIC , „ , My COmmisslon Expires ; My commission expires 11/17/95 _ ... . , . November 17, 1995 EXHIBIT "A" The land referred to in this policy is situated in the State of California, County of Marin, City of San Rafael and is described as follows: LOT 12, as shown in solid lines on that certain parcel map entitled, "Parcel Map of Lot Line Adjustment - Lots 5, 12 and Parcel C, Smith Ranch - Northerly Portion - 17 R.M. 39 - 21 P.M. 88, San Rafael, Marin County California," filed for record July 30, 1986 in Volume 23 of Parcel Maps, at Page 46, Marin County Records, the exterior boundary of which is described as follows: Beginning at the intersection of the courses "North 58° 55' 36" hest, 277.82 feet; and "South 85P 22' 52" West, 572.07 feet" as shown and delineated on the exterior boundary of that certain map entitled, "Parcel Map of Lot Line Adjustment, Gots 5, 12 & Parcel C, Smith Ranch - Northerly Portion - 17 R.M. 39 - 21 P.M. 88", recorded July 30, 1986, in Book 23 of Parcel flaps at Page 46, Marin County Records, and being the most northerly corner of Lot 12, as shoem on said Parcel Map (23 PM 46); thence along the exterior boundaoy of said Lot 12 (23 PM 46) the following courses and distances: South 58 55' 36" East 277.82 feet; thence South 48° 04' 36' East 719.93 feet; thence South 51 28' 36" East, 313.14 feet; thence South 38 31' 24" West, 71.33 feet; thence South 480 25' 56" East, 27.39 feet; thence South 38° 31' 24" West, 71.48 feet; thence North 790 17' 08" gest, 226.66 feet; thence North 58a 10' 58" west(nest, 302_57 feet; , 334.77 feet; thence North 27° 36' 48" thence North 30° 41' 43" West, 203.81 feet; thence North 68° 51' 28" hest, 174.24 feet; thence South 650 13' 05" hest, 78.45 feet; thence .South 20° 13' 05" i:est 99.00 feet; thence South 650 13' 05" West 140.00 feet; thence North 25d 09' 31" Past56.57 feet; thence South 64d 50' 29" West, 56.57 , feet; thence South 19° 50' 29" West, 228.25 feet; thence South 35° 16' 35" :est 232.70 feet; thence South 39° 20' 09" East, 317.07 feet; thence South 78° 10' 12" East 65.00 feet; thence South 11° 49' 48" West, 206.81 feet; thence Festerly along a curve to the left whose center bears South 18° 0 34' 41" West, having a radius of 119.07 feet, through a central angle of 62 02' 55", an arc length of 128_95 feet; thence South 46° 31' 46" West, 76.89 feet; thence South 54' 52' 29" West, 70.56 feet; thence Westerly along a tangent curve to the right, having a radius of 21.68 feet, through a central angle of• _ 54a 23' 56" an arc length of 20.58 feet; thence North 65 43'•35" West, 50.86 feet; thence westerly along a tangent curve to the left, having a radius of 87_02 feet, through a central angle of 53° 39' 31", an arc length of 81.49 feet; thence South 60° 36' 54" West, 59.77 feet, thence westerly along a tangent curve to the right, having a radius of 52.70 feet, through a central angle of 78° 00' 21", an arc length of 71.742 feet; thence North 41° 22' 45" West, 107.53 feet; thence westerly along a tangent curve to the left, having a radius of 274 feet, through a central angle of 57° 05' 15", an arc length of 273.00 feet; thence westerly along a reverse curve to the right whose center bears North 8° 28' 00" 4;est, having a radius of 51.53 feet, through a central angle of 55° 52' 35", an arc length of 50.25 feet; thence North 42° 35' 25" West, 255.54 feet, thence westerly along a tangent curve to the left, having a radius of 149.44 feet, through a central angle of 58° 02' 01", an arc length of 151.37 feet; thence North 100 37' 26" West, 132.20 feet; thence North 38° 53' 12" West, 60.00 feet; thence North 12° 43' 25" West, 120.23 feet; thence North 17° 17' 28" West, 317.62 feet; thence North 73° 58' 52" East 1088.08 feet and thence North 850 22' 52" East, 572.07 feet to the point Of beginning. All of the foregoing being the same real property designated as Lot IT as shorn on that certain certified survey (Job No. 124-87), dated Cebruary 25, 1988, prepared by Oberka.•nper and Associates, Civil Engineers, Inc., San Rafael, California.