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Home My WebLink AboutCC Resolution 7582 (Open Space Purchase)W J U F-- U z 0 U to Z O O O W i J Ln M. M rn W z¢ <U W 7 J W O L1- �- CC z z W CC V) U O O C3 io Z__ x CY-10 =m w �o W o_ Ln Q WJ J W d LL. o� W C U W Li O z >- W F- 3 U -/- 7_5 - 37 64201 RESOLUTION NO. 7582 RESOLUTION AUTHORIZING THE PURCHASE OF MUELLER-NOLTE PROPERTIES (END OF RIDGEWOOD DRIVE) FOR OPEN SPACE PURPOSES RECORDED AT REQUEST OF WES' MMU 1937 SEP 2 9 Ali 8: 00 hi %RIN Coum', ; Y C AILIFUNIA _+0,10 J. ON 9;'14 No Fes GC6103 The City Council of the City of San Rafael hereby resolves as follows: That the City Council authorizes the use of open space bond proceeds to purchase the Mueller -Nolte properties at the end of Ridgewood Drive. That the purchase price is to be shared equally with the Marin County Open Space District. That the Mayor and City Clerk are authorized to execute, on behalf of the City of San Rafael, an agreement with Hans and Ingeborg Mueller, and Heinz and Hannelore Nolte, and the Marin County Open Space District for the purchase of said properties. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, 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 20th day of July, 1987, by the following vote, to wit: AYES: COUNCILMEMBER: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBER: None ABSENT: COUNCILMEMBER: None JEA M. LEONCINI, City 'perk, C1 HORST MUELLER and INGEBORG MUELLER, husband and wife as to an undivided one-half interest and HEINZ NOLTE and HANNELORE NOLTE, husband and wife as to an undivided one-half interest, as tenants in common, do hereby grant one-half (1/2) interest to the MARIN COUNTY OPEN SPACE DISTRICT, a Public District, and one-half (1/2) interest to the CITY OF SAN RAFAEL, a Municipal Corporation, all their right, title and interest in that certain real property situated in the City of San Rafael, County of Marin, State of California, described as follows: Bounded on the southeast by the northwesterly boundary of Highland Vista Unit 3 according to the map thereof filed in Book 13 of Maps at page 64, Marin County Records; Bounded on the northeast by the extension northwesterly of the northeasterly boundary of said Highland Vista Unit 3; Bounded on the northwest by the northwesterly line of the lands described in the deed from Rose Freitas Rose, et al, to Title Insurance and Trust Company recorded March 31, 1964 in Book 1796 of Official Records at page 613; Bounded on the southwest by the northeasterly line of the lands conveyed to the Marin Municipal Water District by a deed recorded December 11, 1967 in Book 2178 of Official Records at page 163. DATED10 MUELLER " NGEBO G LER HE Z X TE ELORE NOLTE STATE OF CALIFORNIA �A ss. COUNTY OF jMd.r.1 n n On this Z 2 day of A004 in the year 19$a' befp�orgg me, the undersigned, 4 Notary Public in and for said State, personally appeared personally known to me _ (or proved to me on the basis of satisfactory evidence) to be the person.Twhose name�S OFFICIAL SEAL - y are subscribed to the within instrument, and acknowledged to me that -J-'he,41 PHILIP BATES executed it. NOTARY PUBLIC -CALIFORNIA Principal Office in MARIN County ? WITNESS my hand and official seal My Commission Expires Jan 22. 1988 is ACKNOWLEDGMENT — General —Wolcott s Form 233CA—Rev 582 N ry Public in and for said State. (01982 WOLCOTTS. INC (ince class 8 2) 6 4 2 0 2 RECORDED AT REQUEST OF WEMN 111 1987 SEP 29 Ali & 00 When Recorded Return to: ~` aFr-Ic,A L RE, cURus County of Marin [SARIN COUNTY C>aI.IFORNIA Department of Public Works .►AirS ,! t�; EIUPd P. 0. Box 4186, Civic Center San Rafael, CA 94913-4186 Attn: Philip Bates GC6103 A. P. No. 10-341-15 apace above thi-6 Zine bon ReeondeA HORST MUELLER and INGEBORG MUELLER, husband and wife as to an undivided one-half interest and HEINZ NOLTE and HANNELORE NOLTE, husband and wife as to an undivided one-half interest, as tenants in common, do hereby grant one-half (1/2) interest to the MARIN COUNTY OPEN SPACE DISTRICT, a Public District, and one-half (1/2) interest to the CITY OF SAN RAFAEL, a Municipal Corporation, all their right, title and interest in that certain real property situated in the City of San Rafael, County of Marin, State of California, described as follows: Bounded on the southeast by the northwesterly boundary of Highland Vista Unit 3 according to the map thereof filed in Book 13 of Maps at page 64, Marin County Records; Bounded on the northeast by the extension northwesterly of the northeasterly boundary of said Highland Vista Unit 3; Bounded on the northwest by the northwesterly line of the lands described in the deed from Rose Freitas Rose, et al, to Title Insurance and Trust Company recorded March 31, 1964 in Book 1796 of Official Records at page 613; Bounded on the southwest by the northeasterly line of the lands conveyed to the Marin Municipal Water District by a deed recorded December 11, 1967 in Book 2178 of Official Records at page 163. DATED10 MUELLER " NGEBO G LER HE Z X TE ELORE NOLTE STATE OF CALIFORNIA �A ss. COUNTY OF jMd.r.1 n n On this Z 2 day of A004 in the year 19$a' befp�orgg me, the undersigned, 4 Notary Public in and for said State, personally appeared personally known to me _ (or proved to me on the basis of satisfactory evidence) to be the person.Twhose name�S OFFICIAL SEAL - y are subscribed to the within instrument, and acknowledged to me that -J-'he,41 PHILIP BATES executed it. NOTARY PUBLIC -CALIFORNIA Principal Office in MARIN County ? WITNESS my hand and official seal My Commission Expires Jan 22. 1988 is ACKNOWLEDGMENT — General —Wolcott s Form 233CA—Rev 582 N ry Public in and for said State. (01982 WOLCOTTS. INC (ince class 8 2) 87 64202 A.P. NO. 10-341-15 CERTIFICATE OF ACCEPTANCE OF GRANT OF INTEREST IN REAL PROPERTY THIS IS TO CERTIFY that the interest in real property conveyed by the Grant Deed dated May 22, 1987 from HORST MUELLER, INGEBORG MUELLER, HEINZ NOLTE and HANNELORE NOLTE to the MARIN COUNTY OPEN SPACE DISTRICT, a political subdivision of the State of California is hereby accepted by order of the Board of Directors of the Marin County Open Space District on q 7 and the grantee consents to the recordation thereof by its duly authorized officer. DATED , - c `% % Arent, Boa6of Directors Marin County n Space District ATTEST: aTA'IE OF CALIFORNIA COUNTY OF MARIN On this 9 4day of .198 —before me, a Notary blic in and f9j the said County and State, residing thcrein, dL4 commissioned and sworn, personallyappeared e- ald ,�i_.6e# /7 personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the Board of Directors, Marin County Open Space District that executed the within document and acknowledged to me that said Marin County Open Space District did execute the same. IN WITNESS WHEREOF,1 have hereunto set my hand and affixed my official seal the day and year in this Cieruficate first above written. .. - - 21M.,.C.g .. .. F OFFICIAL SEAL PHILIP BATES + • NOTARY PUBLIC -CALIFORNIA > Principal Office in MARIN County y My Commission Expires Jan. 22, 1988 . NOTARY PIALIC in and for said (runty and Stotc A.P. #10-341-15 PURCHASE AGREEMENT THIS AGREEMENT is made by and between HORST MUELLER, INGEBORG MUELLER, and HEINZ NOLTE and HANNELORE NOLTE, both parties as to an undivided one-half interest and as Tenants in Common, "OWNERS," and the MARIN COUNTY OPEN SPACE DISTRICT, a public district, and the CITY OF SAN RAFAEL, a municipal corporation, "DISTRICT/CITY." W I T N E S S E T H: OWNERS are the owners of that certain real property in the County of Marin, State of California, known as Assessor's Parcel Number 10-341-15 and as described in Exhibit "A" and depicted on Exhibit "B" which are attached and made a part hereof by reference; and DISTRICT/CITY desire to enter into this Purchase Agreement and OWNERS are willing to enter into said agreement for the consideration and the terms, special terms and conditions herein- after set forth. IT IS MUTUALLY UNDERSTOOD AND AGREED between OWNERS and DISTRICT/CITY as follows: 1. Property to be Purchased. OWNERS agree to sell and convey to DISTRICT/CITY the property described in Exhibit "A" and DISTRICT/CITY agree to purchase said property from OWNERS. 2. Purchase Price. The purchase price of the property described herein shall be the sum of FORTY-FIVE THOUSAND DOLLARS ($45,000.00) pay- able contemporaneously with delivery of a deed to DISTRICT/CITY. Title insurance, revenue stamps on conveyance, recording fees and other escrow costs shall be borne by DISTRICT/CITY. escrow. Taxes shall be prorated as of the date of closing of Evidence of title shall be in the form of a standard owners CLTA policy of title insurance issued by Western Title Insurance Company, Escrow Number 224607 ES. Real estate commissions will not be paid by OWNERS or by DISTRICT/CITY. 3. Condition of Title. OWNERS shall convey said property to DISTRICT/CITY subject to the terms and conditions provided hereby by Grant Deed, free and clear of all liens and encumbrances, taxes and assess- ments, penalties and costs, leases (recorded and unrecorded) ease- ments, rights of way, bonds, and any and all restrictions and reservations of record other than exceptions numbered 3, 4, and 5 in Preliminary Title Report Number 224607 ES, issued to DISTRICT/ CITY by Western Title Insurance Company. 4. Term of Agreement. A. DISTRICT/CITY will acknowledge this Purchase Agreement within ninety (90) days of the date hereinbelow written by OWNERS. B. If DISTRICT/CITY should not acknowledge this Purchase Agreement within the ninety (90) day period, then this agreement shall be terminated and will be of no force and/or effect, all without liability to either party, C. Upon acknowledgment by DISTRICT/CITY, OWNERS and DISTRICT/CITY agree that escrow will close within thirty (30) days of acknowledgment by DISTRICT/CITY. D. During this total time period of one hundred twenty (120) days, Paragraphs 4. A. and 4. C. of this agreement shall constitute an irrevocable offer by OWNERS to enter into this agreement with DISTRICT/CITY. 5. Special Terms of Agreement. DISTRICT/CITY agree to, at their expense, perform any and all necessary survey functions and to prepare all deeds and/or documents which will be required with this transaction. -2- r 16� . 'F A. . 6. OWNERS and DISTRICT/CITY agree that this Purchase Agree - went will be recorded in the County of Marin Recorder's Office. 7. DISTRICT/CITY and OWNERS have set forth the whole of their agreement herein. The performance of this Purchase Agree- ment constitutes the entire consideration for said real property acquisition and shall relieve the DISTRICT/CITY of all further obligations or claims on this account. 8. This Purchase Agreement shall run with the land and shall inure to the benefit of and be binding upon the successors and assigns of the OWNERS and DISTRICT/CITY. 9. OWNERS and DISTRICT/CITY agree that time is of the essence under this Purchase Agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed the day and year written below. HORST MUELLER Date 7 CIOT -007 rn INGORGLER Date tX NL LEE Date ,5- ��- 27 . I. NOLTE Date MARIN CO TY OPEN SPACE DISTRICT Pre er1'f,'o d of Directors / 6).5�_ ATTEST: i� Secret"a.ry" Date: CITY OF .SAN RAFAEL Mayor_"! Date. j. .`. APPROVE ' S T _FORM- -3- ORM- �-� �l - 3 - GARY '�1. RAG�IANTI, �ity Attorney b'1'A'I*K OF CALIFORNIA COUNTY OF MARIN § On this day of —Te4 Aa- , 198Z, before me, A111,0 242 .- '0_.,e,_, a Notary I.nblic in and foj }he said County and State, residing therein, duly commissicIncd and sworn, personally appeared "'ref &'i B c.. n , personally known to me (or proved to me on the basis of satisfactory evidence) to be the President of the Board of Directors, Marin County Open Space District that executed the within document and acknowledged to me that said Marin County Open Space District did execute the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this Certificate first above written. _ _ _ _ _ OFFICIAL SEAL PHILIP BATES oa NOTARY PUBLIC -CALIFORNIA , Principal Office in MARIN County , My Commission Expires Jan 22.19M NOTARY PUBLIC in and fnr said Connie and Slaw r. r r r r . STATE OF CALIFORNIA �, ss. COUNTY OF /�%'n On this A day of __J(_13�� in the year 1911 beforg me, thei undersigned,. a Notary Publ rt and for said,�tate personally appea personally known tc (or proved to me on the basis of satisfactory evidence) to be the personSwhose nary OFFICIAL SEAL , Qre subscribed to the within instrument, and acknowledged to me that t PHILIP BATES executed it. NOTARY PUBLIC -CALIFORNIA > Principal Office in MARIN County > w My Commission Expires Jan. 22. 198b , WITNESS my hand and official seal. Notary Public in and for said State. ACKNOWLEDGMENT—General—Walc011s Form 233CA—Rev 5.82 1982 WOLCOTTS. INC (price class 8 21 STATE OF CALIFORNIA SS. COUNTY OF MARIN On this 21st day of JULY , 1987, before me, JEANNE M. LEONCINI, a Notary Pu61ic in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared LAWRENCE E. MULRYAN personally known tome (or -proved - -tor -me -QtT-the -basis--of-s-nt+s+ectvry- -evfidence) to be the Mayor of the City of San Rafael that executed the within document and acknowledged to me that said City of San Rafael did execute the same. IN WITNESS WHEREOF, I have hereunto set my hand the day and year in this certificate first above JEANNE M, LFONCINI, NOTARY PUBLIC in and for said County and State. and affixed my official seal written _ 01"ICIAL SE i JI UNI'd= Al. LE' r101 Ak, I'. I:.LIC lam...ais:ir.❑ r-,.•moo-•�r �r��•.�csv c••��y�yot Id00 "if, i O. L„a :.0, 87 64201 THAT real property in the Coanty of Karin, State of Califorala, bounded as follows: Bounded on the southeast by the nortbMesterly boundary of Highland Vista Unit 3 according to the map thereof filed in book 13 of slaps at Maga 64, Marin County Records; Bounded on the northeast by the extension not sterly of the northeasterly boundary of said Highland Vista Unit 3= Bounded on the northw®et by the eorthaosterly line of the lands described in tlia deed Xrcxi hose mattes Rose, at al, to Title Insurance and Trust Company recorded March 31, 1964 In Book 1796 of 0ffLctat "30cords at pugs 613; Hounded on the soutbmest by the northeasterly line of the leads couwyed to the maria Municipal Yater District by a dead recorded December 11, 1967 in Book 2178 of Official Yaaords at page 163. XXXISIT "Wn s t i rcli 1�4 It Ac ca It 00-T I WN, 02 , IL ch Ile On 4 s t i rcli 1�4 It Ac ca WN, 02 , IL