HomeMy WebLinkAboutCC Resolution 8048 (Smith Ranch Hills Development)RESOLUTION NO. 8048
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 Hills 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 18TH day of SEPTEMBER , 1989, by
the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer and
Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE �M.LEONCINf, City Clerk
l
a��
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Rafael
1400 Fifth Avenue
P.O. Box 60
San Rafael, CA 94915-0060
WHEN RECORDED MAIL CERTIFIED
COPIES TO:
GREENE, RADOVSKY, MALONEY & SHARE
Spear Street Tower, Suite 4200
One Market Plaza
San Francisco, CA 94105
Attn: Thomas M. Feldstein, Esq.
CERTIFICATE OF COMPLIANCE
Issued by the City Council of the City of San Rafael
("City"), a municipal corporation of the State of California, as
of September 18, 1989.
RECITALS
Tishman Speyer Mediq Marin Limited Partnership, a
California Limited Partnership ("TSP") is the owner of certain
real property (the "Retirement 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. McInnis Housing Partners, a California Limited
Partnership ("MHP") is the owner of certain real property (the
"Rental Property"), located within the City of San Rafael, County
of Marin, State of California, and further described in
Exhibit "B", attached hereto and incorporated herein by this
reference. The Retirement Property and the Rental Property are
subject to the terms of a certain Development Agreement
("Development Agreement") entered by and among the City, Medical
Retirement Communities, Inc., a California corporation ("MRC"),
Sagra, Inc., a California corporation ("Sagra"), an affiliate of
MRC (MRC and Sagra, jointly the "Original Owners"), and Marin
Housing Development Corporation ("MHDC"), 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. TSP acquired all of the Original
Owners' right, title and interest in and to the Retirement
r.e./41273/0802/tmf
cert of compliance
8/28/89
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Property, the Rental Property and the Development Agreement on
August 10, 1987, which assignment was consented to by the City on
August 8, 1987. On February 10, 1989, MHP acquired all of TSP's
right, title and interest in the Rental Property pursuant to the
terms and provisions of the Development Agreement.
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.
The City has received substantial factual evidence of
good faith compliance by TSP and MHP 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. Findinq. The actions, programs of public
works construction, economic investments, policies, and real
property development activities undertaken by TSP and MHP and
described by TSP and MHP to the City in a public hearing dated
September 18, 1989, are hereby found to comply with the terms of
the Development Agreement.
Section 2. Determination. For the interval commencing
with August 15, 1988 and ending September 18, 1989, TSP and MHP
have 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 � ,�..
Lawrence E. Mulryan,- Mayor
ATTEST:
�._
Jean(e)ZZ Leoncini, City Clerk
APPRO ED AS ORM:
Gar/y T. ragghian'ti, City Attorney
K
STATE OF CALIFORNIA )
)ss.
COUNTY OF MARIN )
On this 25th day of SEPTEMBER , in the year
198.9, before me, JFANr Nf . IFQNCTNT_ Notary Public in
and for the State of California, personally appeared LAWRENCE E.
MULRYAN, known to me to be the Mayor of the City of San Rafael
and known to me to be the person who executed the within
instrument on behalf of said agency, and acknowledged to me that
such agency executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal in the County of Marin the date and year
in this certificate first above written.
OFFICIAL SEAL j'
1EANNE M. LFONCINI U\ NOT Y PU L I C
a NOTARY PUBLIC - CALIFORNIA
.;, MriAR(NCOUNTY In and for the State of California
My Comm. Pxpires Nov, 29, 1991 ,
1400.51hAva„P.O.C,3Er, S'nRafaal,CA94915-0060 My Commission Expires: Nov. 29, 1991
(SEAL)
3
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:
Y
Beginning at the intersection of the courses "North 580 55' 36" hest, 277.82
feet; and "South 85° 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, Lots 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 Maps at Page
46, Marin County Records, and being the most northerly corner of Lot 12, as
shown on said Parcel Map (23 PM 46); thence along the exterior boundary 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 48 25' 56" East, 27.39 feet; thence South 38° 31' 24"
West, 71.48 feet; thence North 79° 17' 08" West, 226.66 feet; thence North
58 10' 58" West? 334.77 feet; thence North 27° 36' 48" West, 302.57 feet;
thence North 30 41' 43" West, 203.81 feet; thence North 68° 51' 28" Tk-st,
174.24 feet; thence South 65° 13' 05" Fest, 78.45 feet; thence.South 20° 13'
05" West 99.00 feet; thence South 650 13' 05" West 140.00 feet; thence
North 25 09' 31" West, 56.57 feet; thence South 64 50' 29" West, 56.57
feet; thence South 19° 50' 29" West, 228.25 feet; thence South 350 16' 35"
West 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" Nest, 206.81 feet;
thence F:esterly along a curve to the left whose center bears South 18° 34'
41" West, having a radius of 119.07 feet, through a central angle of 620 02'
55", an arc length of 128.95 feet; thence South 46° 31' 46" West, 76.89 feet;
thence South 590 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_
54° 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 780 00' 21", an arc length of 71.742 feet; thence North 410 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" West, 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 12 as
shown on that certain certified survey (Job No. 124-87), dated February 25,
1988, prepared by Oberkamper and Associates, Civil Engineers, Inc., San
Rafael, California.
y _ EXHIBIT "A"
(Continued)
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:
IAT 5A, 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 330 26' 30" East,
142.49 feet" and "North 190 50' 24" Fast, 433.11 feet" as shown and
delineated on the easterly boundary of Parcel 5A of that certain map
entitled "Parcel Map of Lot Line Adjustment - Lots 5, 12, & Parcel Cr
Smith Ranch Northerly Portion - 17 R.M. 39 - 21 P.M. 88", recorded July
30, 1986, in Book 23 of Parcel Maps at Page 46, Marin County Records;
- thence along the exterior boundary of said Lot 5A (23 PM 46) the
following courses and distances: South 330 26' 30' West, 142.49 feet;
thence North 250 09' 36" West, 1224.32 feet; thence North 190 50' 24"
East, 132.75 feet; thence North 6 32' 52" West, 90.g0 feet; thence
North 19 50' 24" East, 200.46 feet; thence North 64 50' 24" East,
47.78 feet; thence South 700 09' 36" East 21.21 feet; thence North 640
50' 24" Fast, 55.84 feet; thence South 70 09' 36" East, 65.52 feet and
thence South 190 50' 24" West, 433.11 feet to the point of beginning.
All of the foregoing being the same real property designated as Lot 5A,
as shown on that certain certified survey (Job No. 124-87), dated
February 25, 1988, prepared by Oberkamper and Associates, Civil
Engineers, Inc., San Rafael, California.
EXHIBIT "B"
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 5B, as shown in solid lines upon 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 3° 24' 24" East,
40.93 feet; and "North 510 28' 36" West, 1207.39 feet" as shown and
delineated on the exterior boundary of that certain map entitled,
"Parcel Map of Lot Line Adjustment - Lots 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 Maps at page 46, Marin County Records, and being
the northeast corner of Lot 5B, as shown on said Parcel Map (23 PM 46);
thence along the exterior boundary of said Lot 5B (23 PM 46) the
following courses and distances: South 3° 24' 24" West, 40.93 feet;
thence South 7° 36' 24" West, 299.03 feet; thence southwesterly along a
tangent curve to the right, having a radius of 2777.78 feet, through a
central angle of 2° 15' 02", an arc length of 109.11 feet; thence
southwesterly along a compound curve to the right whose center bears
North 800 08' 34" West, having a radius of 1265.45 feet, through a
central angle of 90 58' 58", an arc length of 220.48 feet; thence South
19° 50' 24" West, 631.53 feet; thence South 26 37' 52" West, 84.57
feet; thence westerly along a curve to the left whose center bears South
2° 06' 16" West, having a radius of 850 feet, through a central angle of
7° 39' 57", an arc length of 113.73 feet; thence North 7° 53' 21" East
14$.05 feet; thence North 330 26' 30" East, 190.01 feet; thence North
19 50' 24" East, 435.59 feet; thence northeasterly along a tangent
curve to the left, having a radius of 1165.45 feet, through a central
angle of 9° 58' 58", an arc length of 203.06 feet; thence northeasterly
along a compound curve to the left whose center bears North 80° 08' 34"
West, having 'a radius of 2677.78 feet, through a central angle of 2° 15'
02", an arc length of°105.18 feet; thence North 33° 00' 00" West 320.96
feet; thence North 74 00' 00" West 86.85 feet; thence South 70 00100"
West, 1x5.00 feet; thence North 41 00100" West, 160.00 feet; thence
North 8 00'00" West, 295.00 feet; thence North 29° 00'00" West 120.00
feet; thence North 380 31' 24" East, 71.48 feet; thence North 480 25'
56" West, 27.39 feet; thence North 38° 31' 24" East, 71.33 feet and
thence South 51° 28' 36" East, 894.25 feet to the Point of Beginning.
All of the foregoing being the same real property designated as Lot 5B,
as shown on that certain certified survey (Job No. 124-87), dated
February 25, 1988, prepared by Oberkamper and Associates, Civil
Engineers, Inc., San Rafael, California.