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Home My WebLink AboutCC Resolution 6963 (Kerner Blvd Assessment District)RESOLUTION NO. 6963 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING CONVEYANCE OF REAL PROPERTY AND AUTHORIZING EXECU- TION OF RIGHT OF WAY CONTRACT - KERNER BOULEVARD ASSESSMENT DISTRICT, SAN RAFAEL, CALIFORNIA WHEREAS, the public interest, convenience, necessity and welfare require that the real property hereinafter mentioned be accepted and used for the benefit of the public of the City of San Rafael, California; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael, California, does hereby accept that certain deed for and on behalf of the City of San Rafael and the real property described therein, all as more particularly described and set forth in the attachment hereto and incorporated herein by reference, and said deed is to be duly recorded in the Office of the County Recorder of the County of Marin, State of California, forthwith upon the adoption of this resolution and close of escrow. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute, on behalf of the City of San Rafael, the right of way contract with Franciscan Properties which specifically sets forth the terms and conditions of said conveyance. I, JEANNE M. LEONCINI, City 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 5th day of November, 1984, by the following vote, to wit: AYES: COUNCILMEMBERS:Frugoli, Nave, Russom and Acting Mayor Breiner NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:Mayor Alulryan JEA M. LEONCINI, Cit Clerk G6" Order No'. 127202 Escrow No. Loan No. Y,HEN RECORDED MAIL TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE .',iAIL TAX STATEMENTS TO: r� DOCUMENTARY TRANSFER TAX $ ....... 1\Qh;a...DQL................ sante as above ...... Computed on the consideration or valua of property conveyed; OR ...... Computed on the considetion or value less liens or encumbrances re alnt g at t e of sale, Si aturo of Doc Grant or A,yont d erinfning tax - Firm Name First American Tit e Company GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, FRA-N-CISCA-N PROPERTIES, a California limited partnership hereby GRANT(S) to CITY OF SAN RAFAEL, a Public Corporation the real property in the City of Sart Rafael Ccunty of Marin State of California, destinibed as SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF STATE OF CALIFORNIA I COUr:Trc, is --j.tZ lss. On OctOber 9th, 1984 1 before me, the undersigned, a Notary Public in and for Said C:a:_. r_rsonally appeared—EDWA.RD_ L DL?,jN i�� - •� " , v i"c" , to re !or Proved to me on the basis of the oath ofpersonally - ac:el-, v.-;;nesswho is personally known tome) to be the person whose name is subscribed to the within instrument, as a :•.:mess ti�-r:to,who being by me duly sworn, deposed and said: ' That h-ishe:esides in Pt�1RIP7 COUtITY that he/she was presFnt and saw ALFt' Z -D J. DALECIG AS THE PARTTTER OF 1:1RANCISCA24 PROPTIES -- 3 personally kncrxn :o hin; her to be the same person(s) described in and who _ _= =� +•-�� exc-coed the "'thin instrument, as a Party(ies) thereto, sign, seal and deir,er tr.e same and that _ t said party(ies) duly acknowledged in tf=_ Preserr_e of said ant that ha/ g ._° - ? same,ana sa,d affiant, she/they executed the Llri` r� 'rJ�I r-ttl' Fc tr:L,. affiant, thereupon at the party's(ies') request, subscr:b-d hs/her n ., '! : un y i'� �F� ..1'��. {!i 17fi;�.i IiI i�.'iflfiliY CO....�� zme as a witness thereto. `r..• Cz: ,Micsion Ex� Aug. i, VIEF F3 S -�- r~ �' C*�' 1'/ITN co• r j hand ppd oiiicia� r-�-�. .r-.-' �"t�+-?"rfi- ` U�-�''— �T - (This area for official notarial seal) Oared October /0 , 1984 1 STATE OF CALIFORNIA Iss C,W'47Y OF I r,n , �e!ore me, the un:=r:gned. a Notary Public in and for said State, per- ,-onalmj appeared ;,ersonally i':to-vn :o me (or proved to me on the basis of satisfactory e-.•,dence) to be V%e peers-on(s) whose name(s) is/are subscribed to the +-.thin instrument -,-.d acknowledged to me that he/she/they executed e same. YvITNESS my hand and official seal. S ,nature a California limizeu pa.Ltnership BY��.�/�..��G� BY: �r!��%/ /% � -ice'...,.,_ -• (This area for official notarial seal) 1002 (6/32) MAIL TAX STATEMENTS AS DIRECTED ABOVE EXHIBIT "A" All that certain real property situate in the City of San Rafael, County of Tvlarin, State of California, described as follows: Beginning at the most northerly corner of PARCEL 2, as shown upon that certain map entitled "Land Division of the Lands of Samuel W. Gardiner, San Rafael, California", recorded December 23, 1975 in Volume 12 of Parcel Maps at Page 14A, Marin County Records, at the intersection of the courses "North 38046'00" East, 439.71 feet" and "South 51114'00" East, 623.40 feet", as shown thereon (12 PM 14A) ; thence along the northwesterly boundary of said PARCEL 2 (12 PM 14A) South 37032'42" West 158.75 feet to the westerly terminus of the northeasterly boundary of the parcel described in deed from Samuel W. Gardiner to the City of San Rafael, a municipal corporation, recorded January 9, 1976 in Volume 2981 of Official Records at Page 493, Marin County Records; thence along said northeasterly boundary ( 2981 OR 493) South 52)27'18" East, 43.00 feet to the true point of beginning; thence continuing along said northeasterly boundary (2981 OR 493) South 52027'18" East, 22.00 feet; thence leaving said northeasterly boundary ( 2981 OR 493) North 37'32'42" East, 15.00 feet; thence North 52027'18" West, 22.00 feet; thence South 37032'42" I'lest, 15.00 feet to the true point of beginning. Containing 0.0076 acres more or less. RIGHT OF 'TAY CONTRACT CITY OF SAN RAFAEL This Contract made and entered into this day of , 198_ by and between FRANICISCAN PROPERTIES, a California limited Eartnership hereinafter called "Grantor(s)" and City of San Rafael, hereinafter called "City". A copy of Document 127202 P.LT in the form of a Grant Deed is attached hereto and by this refrence is made a part hereof. In consideration of which, and other considerations hereinafter set forth, it is mutually agreed to as follows: 1. City will pay Grantor(s) the sum of $110,592.00 for the property or interest therein, as conveyed in said Grant Deed, when property vests in the City free and clear of all liens, encumbrances, assessments, easements and leases (recorded or unrecorded) and taxes except: a. Current general and special City and county taxes, if any. b. Covenants, conditions, restrictions and reservation of record, if any. Co Easement or rights of way over said land for public or quasi public utility and street purposes, if any. RIGHT OF WAY CONTRACT - Cont. 2. City will pay all escrow and recording fees incurred in'this transaction including title insurance and documentary stamp tax if required. Said fees shall not include reconveyance fees, trustees fees or forwarding fees for any full or partial reconveyance of grantor(s) mortgage(s). 3. City is required, and Grantor authorizes City, to notify the mortgages and beneficiaries, if any, of this transaction. All moneys payable under this contract up to the total amount of unpaid principal and interest on notes secured by mortgages or deeds of trust, if any, together with penalty, if any, shall upon presentation of appropriate demands be payable through escrow to said mortgagees or beneficiaries. Grantor(s) shall be furnished with good and sufficient receipt showing said moneys have been credited against the indebtedness secured by such encumbrances. 4. Grantor warrants that there are no oral or written leases on all or any portion of said property exceeding a period of one month. Grantor agrees to hold City harmless against any and all claims by any tenant of Grantor for any period of time exceeding one month. 5. City shall have a period of sixty (60) days from and after execution of this contract by Grantor(s) to accept and execute the same and during said sixty (60) day period shall constitute an irrevocable offer by Grantors to enter into same with City. RIGHT OF WAY CONTRACT - Cont. The parties hereto have set forth the whole of their agreement herein. Performance of this agreement constitutes the entire consideration for said conveyance(s) and shall relieve the City of all further claims or obligations on this account. City of San Rafael M Grantor(s) FRANCISCAN PROPERTIES, a California limited partnership BY: BY: