HomeMy WebLinkAboutCC Resolution 8209 (Canalways Property)RESOLUTION NO. 8p&9
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEat,NT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The �,LAYOR and CITY CLERK are authorized to execute, on behalf of
the City of San Rafael, a contract, lease or agreement with
the County of Marin to purchase "Canalways" property as Tax Defaulted
Property,
a copy of which is hereby attached and by this reference made apart
hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly intro-
duced and adopted at a regular meeting of the City Council of said
City held on Monday the 6th day of August ,
19 90 , by the following vote, to wit:
AYES: COUNCILMEMBERS : Boro, Brei ner, Shippey, Thayer & Mayor Mul ryan
NOES: COUNCILMEII113ERS : None
ABSENT: COUNOILMEMBERS : None
JE NE M. LEONCI. I, City Clerk
n R I P, I N A I
AGREEMENT TO PURCHASE TAX -DEFAULTED PROPERTY
This Agreement is made this
the Board of Supervisors of MARIN
and CITY OF SAN RAFAEL
day of .19 , by and between
County, State of California,
("PURCHASER"),
pursuant to the provisions of Division 1, Part 6, Chapter 8, of the Revenue and Taxation Code.
The real property situated within said county, hereinafter set forth and described in Exhibit "A" attached hereto and
made a part hereof, is tax -defaulted and is subject to the power of sale by the tax collector of said county for the
nonpayment of taxes, pursuant to provisions of law.
It is mutually agreed as follows:
1. that as provided by Section 3800 of the Revenue and Taxation Code, the cost of giving notice of
this agreement shall be paid by the PURCHASER, and
2. that the PURCHASER agrees to pay the sum of T 422.718.25 for the real property
described in Exhibit "A" within 45 days after the date this agreement becomes effective.
Upon payment of said sum to the tax collector, the tax collector shall execute and deliver deed
conveying title to said property to PURCHASER. Additionally the Purchaser
recognizes the 1915 Act Bonds are not extinguished upon Tax Sale. As the
Purchaser wants to purchase this property free of the 1915 Act Bonds, the
Purchaser agrees to pay $148,890.36 which is in addition to the above
purchase price to payoff the bond obligations.
3.Purchaser agrees that the property in Exhibit A is acquired for public
purpose and not to be resold unless said sale is approved by the Marin
County Board of Supervisors.
This agreement shall be null and void if all or any portion of the property is redeemed prior to the effective date of this
agreement. This agreement shall also become null and void and the right of redemption restored upon the
PURCHASER'S failure to comply with the term and conditions of this agreement. Time is of the essence.
LGFA - TDL 8332 12/851 O
The undersigned hereby agree to the terms and conditions of this agreement and are duly authorized to sign for.said
agencies. -
ATTEST.
CITY OF SAN RAFAEL
(Purchaser)
(seal)
ATTEST:' ] n
,.Ierk of the Bok Rf Supe , ors;
Byr v
Cit Jerk
(seal)
WRENCE E. MULRYAN
Mayor
BOARD OF SUPERVISORS
By
" 6� =hairm
COUNTY
Pursuant to the provisions of Section 3775 of the Revenue and Taxation Code the governing body of the City
of San Rafael
ATTEST:
14a. A ZZ
-
JednnV M. Leoncini , �clerk
By
Deputy
(seal)
hereby agrees to the selling price as provided in this agreement.
CITY F SAN RAFAEL
Lawrence E. Mulryan, Mayor
This agreement was submitted tome before execution by the board of supervisors and I have compared the same with
the records of MARIN County relating to the real property described therein.
County Tax Collector
Pursuant to the provisions of Sections 3775 and 3795 of the Revenue and Taxation Code, the Controller agrees to the
selling price hereinbefore set forth and approves the foregoing agreement this 27th day of
September .19 90
STATE CONTROLLER
BY
Assista�ty State Controller Local Government
NOTE. EXHIBIT "A" MUST BE ATTACHED TO THIS FORM
EXHIBIT "A"
FIRST YEAR DEFAULT
DESCRIPTION DELINQUENT NUMBER PURCHASE PRICE
9-010-22 1982 1983-003030
9-010-23 1982 1983-003040
9-010-24 1982 1983-003050
$422,718:25 Total
9-010-22
All that certain real property in the City of San Rafael, County of Marin, State of
California, described as follows:
PARCEL ONE: Beginning at the intersection of the courses "North 42' 23' 30" E, 143.1
Ft" and "North 22° 44' 30" W 731.00 Ft" on the exterior boundary of the 104.400 acre
parcel as shown on the "Record of Survey of a portion of section 2 and section 11, T
I.N., R. 614., Mount Diablo Meridian, San Rafael, California", recorded April 9, 1969
Book 8 of Surveys at page 28, Marin County Records which point is also the most Ely
corner of Lot 11, in block 26, as shown on the "Map of East San Rafael", recorded
January 21, 1980 in book 2 of maps at page 109, Marin County Records, and is also an
angle point on the exterior boundary of the parcel described in exhibit D of the
final order of condemnation for the City of San Rafael, a municipal corporation,
Plaintiff, Vs. Francisco Company, a limited partnership, et al, Defendants, Recorded
February 13, 1974 in Volume 2764 of Official Records at page 221, Marin County Recorc
thence along the common boundary between said record of survey (8 OS 28) (also said
Exhibit D, 2764 OR 221) and said "Map of East San Rafael" (2 RM 109) N 22* 44' 30" W.
6.76 Ft (N 230 57' 48" W 6.76 ft per 2764 OR 221) (N 24° O1' W per 2 RM 109) to the
true point of beginning; thence leaving said exterior boundary of said Exhibit D
(2764 OR 221) and continuing along said common boundary (8 OS 28 and 2 RM 109) the
following courses and distances: N 22° 44' 30" W, 724.24 Ft (N 240 01' W, 724.24 Ft
calc. per 2 RM 109 and 2764 OR 221); thence N 13° lis' 30" W, 1239.60 Ft (N 140 31' Td,
1239.6 Ft per 2 RM 109) thence N 8° 13' 30" W, 783.50 Ft (N 90 30' W, 783.5 Ft per
2 RM .109); and thence N 17° 35' 30" W, 201.52 Ft (N 1.80 52' W, 201.52 Ft calc. per
2 RM 109 and 1737 OR 143) to the most SWly corner of the parcel described in deed
from Title Insurance and Trust Company, a corporation, to San Rafael Cays, Inc., n
California Torporation, recorded October 10, 1963 in volume 1737 of Official Records
at nage 143, Marin County Records, from which an angle point on the common boundary
between said map of East San Rafael (2 RM 109), at the intersection of the courses
shown as "N 18° 52' W, 224 Ft" and "N 20 03' W, 675.9 Ft" on the exterior boundary
thereof (2 RM 109), and said deed to San Rafael Cays, Inc. (1737 OR 143) bears N
170 35' 30" 14, 22.48 Ft (N 18° 52' W, 22.48 Ft per 1737 OR 143); thence leaving said
common boundary (8 OS 28 and 2 RM 109); along the common boundary between said
record of survey (8 OS 28 and 2 RM. 109); along the common boundary between said recon_
of survey (8 OS 28) and said deed to San Rafael Cays, Inc. (1737 OR 143) the
following courses and distances: S 76° 45' 30" E, 44.14 Ft (S 780 02' E, 44.14 Ft per
1737 OR 143), and thence N 80° 41' 30" E, 2026.50 Ft (N 780 27' E, 2026.496 Ft per
1737 OR 143) to the most Wly corner of the parcel described in deed from Marin
Canalways and Development Company, A Corporation, to David Seymour, recorded July 10,
1959 in volume 1294 of official records at page 91, Marin County Records, which
lies on the approximate centerline of an existing levee; thence leaving said last
described common boundary (8 OS 28 and 1737 OR 143); along the common boundary
between said record survey (8 OS 28) and said deed to Seymour (1294 OR 91) the
following ( )urses and distances: S 13° 07' 30" E, 803.69 Ft along said approximate
centerline -of an existing levee (S 14° 24' E, 750.0 Ft, more or less per 1294 OR 91),
andthence leaving said approximate centerline S 88° 43' 30" E, 206.49 Ft (E, 220 Ft,
more or less, per 1294 OR 91) to a line which is parallel to and distant 200 Ft NEly
EXHIBIT "A"
9-010-23
A tract of land situate within the City of San Rafael, Marin County, Ca., described
as follows:
Beginning at a point on the North line of lot 1 of sec. 11, T. 1N., R. 6W., M.D.B.M.
of "Map No. 2 of Salt Marsh and Tide Lands", filed July 25, 1960 in can F of Marin
County Records, said point lying distant N 13° 07' 30" W 141.48 ft. from the
Northeast corner of Lot 27 as shown on that certain map entitled "Map of Shoreline
Industrial Park", filed in Book 18 of maps at page 93 of Marin County Records;
running thence Westerly along the North line of aforesaid sec. 11, N 89' 56' 48" W
1,296.70 ft. to a point which intersects with the Easterly line of the "Ponding Area
parcel, as shown upon that certain diagram entitled, "Supplemental Assessment diagra
of .East San Rafael Drainage Assessment District No. 1", filed Sept. 13, 1974 in
book 1 of Maps of Assessment Districts at page 95, in Marin County Records; running
thence along the Easterly line of said "Ponding Area" parcel on a curve to the right
whose center bears S 16' 44' 03" W with a radius of 300 ft., through a central angle
of 58° 44' 57", for an arc length of 307.61 ft; thence leaving the Easterly line of
said "Ponding Area" parcel and running N 75' 46' 23" E 1,110.30 ft. to the Point of
Beginning.
9-010-24
A tract of land situate in the City of San Rafael, Marin County, Ca., described as
follows: Beginning at a point on the Northeasterly line of Lot 70 as shown upon
that certain map entitled "Map of Bahia De Rafael Industrial Park", filed in book 15
of maps, at page 54 of Marin County Records, said point being at the intersection o
the courses N 14° 31' 42" W 1200.91 ft. and N 24° 02' 21" W 724.24 ft., said point
also being distant S 240 02' 21" E 23.14 ft. from the Westerly line of Kerner Blvd.
at it's intersection with the Westerly line of the parcel conveyed to Michael Chow,
etal, by deed recorded April 5, 1985 in document no. 85-013732 of Marin County
Official Records; thence S 24° 02' 21" E 724.24 ft.; N 500 14' E 406.28 ft.; N 140
31' 00" W 429.77 ft.; thence on a curve to the right with a radius of 260 ft. and
an arc distance of 159.53 ft.; thence N 20° 38' 18" E 1.76 ft.; thence on a curve
concave to the Northeast, with a radius of 200 ft. and an arc length of 191.45 ft.;
N 14° 31' W 510.25 ft., thence on a tangent curve to the right with a radius of
200 ft. with an arc length of 191.45 ft.; thence N 40° 19' 42" E 237.52 ft.; thence
on a tangent curve to the right with a radius of 300 ft. with an arc length of
173.02 ft. to the Northerly line of section 11, T. 1N., R. 6W., M.D.B.M.; running
thence along said line of section 11, N 89° 56' 48" W 913.69 ft.; thence S 9' 26'
48" E 58.86 ft.; and S 14° 27' 48" E 1239.60 ft. to the point of beginning.
EXHIBIT "A"
continuation of 9-010-22:
measured at right angles, to the aforesaid course (S 13° 07' 30" E) of said
approximate levee centerline; thence leaving said last described common boundary
(8 OS 28 and 1294 OR 91) along said exterior boundary of said record of survey
(8 OS 28) and parallel to said approximate levee centerline S 13° 07' 30" E, 622.37
Ft (S 14° 24' E per 1294 OR 91) to the most NEly corner of the 5000 square foot
parcel described in Exhibit A of said final order of condemnation (2764 OR 221),
which lies N 13° 07' 30" W, 25.00 Ft (N 140 20' 48" W, 25.00 Ft per 2764 OR 221)
along said exterior boundary (8 OS 28) along the Nly boundaries of both the 5000
square foot and 22,756 square foot parcels described in said exhibit A (2764 OR 221)
parallel to and 25.00 Ft Nly of, measured at right angles, the common boundary
(N 76° 59' 41" E, 1705.61 Ft per 8 OS 28) between said 104.400 and 60.285 acre parce
of said record of survey (8 OS 28), S 76° 59' 41" W, 1110.30 Ft (S 750 46' 23" E,
1110.30 Ft per 2764 OR 221) to a point on the exterior boundary of the parcel descri
in exhibit E of said final order of condemnation (2764 OR 221), distant thereon
N 130 17' 42" id, 25.00 Ft (N 140 31' 00" W, 25.00 Ft per 2764 OR 221) from the most
Elv corner thereof; thence leaving said Nly boundary of said exhibit A (2764 OR 221)
along said exterior boundary of said exhibit E (2764 OR 221) the following courses
and distances: N 13° 17' 42" W, 180.59 Ft (N 140 31' 00" W, 180.59 Ft calc. per
2764 OR 221); thence Wly along a curve to the left, tangent to the preceding course,
having a radius of 300.00 Ft through a central angle of 125° 09' 18", an arc length
of 655.31 Ft (2764 OR 221); thence S 41° 33' 00" W, 237.52 Ft (S 400 19' 42" W,
237.52 Ft per 2764 OR 221); thence Sly along a curve to the left, tangent to the
preceding course, having a radius of 200.00 Ft through a central angle of 54° 50' 42
an arc length of 191.45 Ft (2764 OR 221); thence S 13' 17' 42" E, 510.25 Ft (S 140
31' 00" E, 510.25 Ft per 2764 OR 221); and thence Sly along a curve to the left,
tangent to the preceding course, having a radius of 200.00 Ft through a central angl
of 54° 50' 42", an arc length of 191.45 Ft (2764 OR 221) to the most Nlv corner of
said exhibit D of said final order of condemnation, from which the most Wly corner
of said 60.285 acre parcel of said record of survey (8 OS 28) bears S 68° 08' 24" E
87.52 Ft (S 690 21' 42" E, 87.52 Ft per 2-764 OR 221) along the common boundary
between said exhibits D and E (2764 OR 221), and thence N 13° 17' 42" W, 576.58 Ft
(N 14° 31' 00" W, 576.58 Ft per 2764 OR 221) along the common boundary between said
exhibit E (2764 OR 221) and said 60.285 acre parcel (8 OS 28); thence from said
most Nly corner of said exhibit D (2764 OR 221) leaving said exterior boundary of
said exhibit E (2764 OR 221) along the exterior boundary of said exhibit D (2764 OR
221) the following courses and distances: S 21° 51' 36" W, 1.76 Ft (S 200 38' 18" W
1.76 Ft per 2764 OR 221); thence Sly along a curve to the left, tangent to the
preceding course, having a radius of 260.00 Ft through a central angle of 35° 09' 18
an arc length of 159.53 Ft (2764 OR 221); thence S 13° 17' 42" E, 429.77 Ft (S 140
13' 00" E, 429.77 Ft per 2764 OR 221), and thence S 51° 27' 18" W, 406.28 Ft (S 500
14' 00" W, 406.28 Ft per 2764 OR 221) to the true point of beginning.
'Excepting therefrom that portion contained within Lots 1, 2, 3, 4, 5, 13 and 14 in
Sec. 11, T. 1N, R. 6W., M.D.B.M. of "Map No. 2 of Salt Marsh and Tide Lands",
prepared by order of the Board of Tide Land Commissioners on April 1st. 1870 and
filed July 25, 1960 in Can F of Marin County Records.
Also excepting therefrom that portion contained within the "Ponding Area" Parcel
as shown upon that certain diagram entitled, "Supplemental Assessment Diagram of
Fast San Rafael Drainage Assessment District No. 1", filed Sept. 13, 1974 in Book 1
of Maps of Assessment Districts at Page 95, in Marin County Records.