The URL can be used to link to this page

Home My WebLink AboutCC Resolution 6964 (Kerner Blvd Assessment District)RESOLUTION NO. 6964 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 Thomas De V. Cagwin, David J. Dorward, Robert J. Crowell and Fritz J. Vaslev 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 Mulryan JEA _"M-.. LEONCINI , ity Clerk Z31 Cider No. 127209 Escrow No . Loan No. '°:HEN RECORDED MAIL TO: .1AIL TAX STATEMENTS TO: same as above SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $..........riONE DUE...-- ...... Computed on the consideration or value of property conveyed; OR ...... Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Doclarant or Agent datonnining tax — Firm Name First American Title Company GRANT ®EE® FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THOMAS DE V. CAGWIN, a married man and DAVID J. DORWARD, a married man and ROBERT J. CROWELL, a married man and FRITZ J. VASLEV, a single man hereby GRANT(S) to CITY OF SAN RAFAEL, a Public Corporation :!.a real property in the City of San Rafael :;aunty of Marin State of California, described as ,SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 3ted Oc =ober J�,�84 'TATE OF CAL.IFQ IA jss :O'JIJTY OF_! i11'L1L ) In r �' ✓r (� cn. l r fore n le, the undersigned, a Notary Public in and for said State, per - X) appeared111 —. L uCvrJ . ►��- • � � . �1 G sl -Ur )ersonally known to me (or proved to me on the basis of satisfactory ividence) to be the person(s) whose name(G) is/are subscribed to the vithin Instrument and acknowledged to me that he/she/they executed he same. �f,1 • n,l , TIIOtiPS SDEI . '�AG6azN DAVID J ,/DORWARIYI / f Robert J. Crowell r - `r .IITNESS my hand and official seal. t%OFF: of AL SCAL CARE g %t � `o2 (1 �+ r,SY, Thi .q� (or official notarial seal) I F.I. _ f'(i =U .LiC,-CA�_Ir �rb 1��1 1 JI nature � '--•- • r� 1 h�yat•. a1 �� =� 1'I Y 41NN Gntmty. 1% 1002 (6/82) s ` N1A11 TC, uF.ti.T a of T.c:_ r r EXHIBIT "A" All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: Beginning at the most westerly corner of the parcel described in deed from Quin J. Ongaro, et ux, to Thomas De V. Cagwin, et al, recorded January 29, 1971 in Volume 2433 of Official Records at page 275, Marin County Records, at the intersection of the courses "North 38032'42" West, 200 feet" and I`Torth 51027'18" East, 600 feet," as described in said deed (2433 O.R. 275); thence along the northwesterly boundary of said deed (2433 O.R. 275) North 50°14'00" East, 422.00 feet to the true point of beginning; thence along said northwesterly boundary (2433 O.R. 275) North 50°14'00" East, 70.00 feet; thence leaving said northwesterly boundary (2433 O.R. 275) South 39046'00" East, 200.00 feet to the southeasterly boundary of said deed (2433 O.R. 275); thence along said southeasterly boundary (2433 O.R. 275) South 50014'00" West, 70.00 feet; thence leaving said southeasterly boundary (2433 O.R. 275) North 39°46'00" West, 200.00 feet to the true point of beginning. Containing 0.3214 acres more or less. EXHIBIT "A" All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: Beginning at the most northerly corner of LOT 2, as shown upon that certain map entitled "Map of Ceccotti Tract, . San Rafael, California", recorded September 14, 1970 in Volume 14 of Record Maps at Page 75, Marin County Records, at the intersection of the courses "North 38046' East, . 256.25 feet" and "North 51014' West, 125.967 feet", as shown thereon (14 RM 75) ; thence along the northeasterly boundary of said LOT 2 (14 RM 75) the following courses and distances: South 52027'18" East, 125.97 feet, and thence southeasterly along a curve to the left, tangent to the preceding course, having a radius of 516.75 feet through a central angle of 8°14'12", an arc length of 74.29 feet; thence leaving said northeasterly boundary (14 RM 75) along the south- easterly boundary of said LOT 2:(14 RM 75) South 37°32'42" (Vest, 258.03 feet; thence leaving said southeasterly boundary (14 RM 75), along the southwesterly boundary of said LOT 2 (14 RM 75) northwesterly along a curve to the right, whose center bears North 32°02'58" East, having a radius of 773.00 feet through a central angle of 2013'49" an arc length of 30.09 feet; thence leaving said southwesterly boundary (14 RM 75) North 37°32' 42" East, 195.31 feet; thence northerly along a curve to the left, tangent to the preceding course, having a radius of 25.00 feet through a central angle of 91053'27", an arc length of 40.10 feet; thence northwesterly along a reverse curve to the right, whose center bears North 35°39'15" East, having a radius of 551.75 feet through a central angle of 1053'27". an arc length of 18.21 feet; thence North 52"27118" Vest, 125. 97 feet to the northwesterly boundary of said LOT 2 (14 RM 75) ; thence along said northwesterly boundary (14 RM 75) North 37°32'42" East, 35.00 feet to the point of beginning. Containing 0.3174 acres more or less. I RIGHT OF WAY CONTRACT CITY OF SAN RAFAFL This Contract made and entered into this day of , 198^ by and between TDOMAS DE V CAGWIN a married _man and DAVID J. DOMIARD, a married man and ROBERT J. CROS•:ELL, a married man and FRITZ J. VASIIEV a singJ& man hereinafter called "Grantor(s)" and City of San Rafael, hereinafter called "City". A copy of Document 127102 RI.T 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 $112,000.00 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. C. 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 i,e 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 an} period of time exceeding one month. 5. City shall have a period of sixty (60) days from and afterCexe- tion 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 SPAY 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 BY: BY: C-� DAVID J. QbR'WARD O;'.�- FRITZ J. ASLEV