The URL can be used to link to this page

Home My WebLink AboutCC Resolution 6965 (Kerner Blvd Assessment District)RESOLUTION NO. 6965 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 Horst and Irene Hanf, William H. and Ilse C. Poeschl and W.P. Partnership, a California General Partnership 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 JE . LEONCINI, ity Clerk 3 r1l W,101 6 �� _"j Orde:S'No. Escrow No. Loan_ No. WHEN RECORDED MAIL TO: City of San Rafael MAIL TAX STATEMENTS TO: Same as above A.P.#9-290-31 & 34 Code Area 8-017 & 8-018 SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $.. NONE , 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 Doclerant or Agent determining tax — Firm Noma First American Title Company GRANT ®EE® FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HORST HANF and IRENE HANF, husband and wife and WILLIAM H. POESCHL and ILSE C. POESCHL, husband and wife and W. P. PARTNERSHIP, A CALIFORNIA CORPORATION hereby GRANT(S) to CITY OF SAN RAFAEL the real property in the City of Sari Rafael County of Marin State of California, described as SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Dated October 31, 1984 I STATE OF CALIFORNIA / )as. COUNTY OF1 On 1 21 before me, the undersigned, a Notary Public In and for a id State, per- son ly'appeared c�_-�7` , �/��» _✓�f��.�/ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed W. P. PARTNERSHIP, a C'lnifornia general partnership �/V \ I the same. Bye I I WITNESS my hand andatticial seal. J ," Signature- %jLjZGli ��C�lf �nG f �= la 5 L all 1002 (6/82) MAIL TAX STATEMENTS AS DIRE E"y MW J* 11, to DESCRIPTION All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: PARCEL ONE SKINNING at the most Westerly corner of -the parcel described in deed from Title Insurance and Trust Company, a corporation, to Haskell Norman, recorded October 15, 1963 in Volume 1738 of Official Records, at Pae 650, Marin County Records, at the intersection of the courses "North 38 32' 42" West 266.67 feet" and "North 510 27' 18" East 1865 feet", as described in said deed (1738 OR 650); thence along the Northwesterly boundary of said deed (1.738 OR 650) North 500 14' 00" East 1147.00 feet; thence leaving said Northwesterly boundary (1738 OR 650) Southerly along a curve to the right, whose center bears South 500 14' 00" West, having a radius of 55.00 feet though a central angle of 1350 34' 23", an arc length of 130.14 feet; thence Southwesterly along a reverse curve to the left, whose center bears South 50 48' 23" West, having a radius of 45.00 feet through a central angle of 450 3,1' 23", an arc length of 35.79 feet; thence South 500 14' 00" West 503.59 feet; thence Southerly along a curve to the left, tangent to the poroceding course, having a radius of 25.00 feet through a central angle of 90 00' 00", an arc length of 39.27 feet; thence South 390 46' 00" East 616.83 feet to the Southeasterly boundary of said deed (1738 OR 650); thence South 370 32' 42" West 71,25 feet; thence leaving said Southeasterly boundary (1738 OR 650) North 39 46' 00" West 632.59 feet; thence Westerly along a curve to the left, tangent to the receding course, having a radius of 25.00 feet through central angle of 90 00' 00", an arc length of 39.27 feet; thence South 500 14' 00" West 372.00 feet; thence Southerly along a curve to the left, tangent to the preceding course, having a radius of 25.00 feet through a central angle of 900 00' 0011, an arc length of 39.27 feet to the Southwesterly boundary of said Deed (1738 OR 650); thence along said Southwesterly boundary (1.738 OR 650); North 390 46' 00" West 50.00 feet to the point of beginning. PARCEL TWO bLCINNING at the most Westerly corn( Title Insurance and Trust Company, a October 15, 1963 in Volume 1738 of County Records, at the intersection 266.67 feet" and "North 510 27' 18" dea=d (1738 OR 650) ; thence along tr (1738 OR 650) North 500 14' 00" E2 Nort}raesterly boundary (1738 OR 650) true point of beginning; thence East center bears South �90 46' 00" East, central angle of 90 00' 0011, an arc 14' 00" West 25.00 feet; thence Nortl point of beginning. r of the parcel described in deed from Corporation, to Haskell Norman, recorded Official Records, at Page 650, Marin of the courses "North 38 32' 42" West East 1865 feet", as described in said Northwesterly boundary of said deed st 397.00 feet; thence leaving said South 390 46' 00" East 25.00 feet to the erly along a curve to the right, whose having a radius of 25.00 feet through a length of 39.27 feet; thence South 500 390 46' 00" West 25.00 feet to the true RIGHT OF WAY CONTRACT CITY OF SAN RAFAEL This Contract made and entered into this 5th day of November , 198 4 by and between IiORST HANF AND IRENE HANF, husband and wife and WILLIAM fl POESCHL AND ILSE C. POESCHL, husband and wife and W.P. PARTNERSHIP a California General Partnership hereinafter called "Grantor(s)" and City of San Rafael, hereinafter called "City". A copy of Document 127213 RLT 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 $607,229.00 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 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 By U( Dorothy L. Breiner, Vice Mayor t. e s t B JeVne M. Leonbini, City Clerk Grantor(s) -L0 _ IREI\IE HANE �h •L.,..•rte r _ -ice WILLIAM H. POESCHL G� L ILSE C. POESCHL W. P . PAP.TL\ERSFIIP, a California general partnership BY: - V `'J 1 ADDENDUM TO RIGHT OF WAY CONTRACT This addendum is made to the Contract dated November 5, , 1984, among HORST HANF and IRENE HANF, husband and wife and WILLIAM H. POESCHL and ILSE C. POESCHL, husband and wife and HELMUT WENDLER and CHRISTA E. WENDLER, husband and wife ("Grantors") and City of San Rafael ("City"): 1. The City has decided to acquire the property for public use and the necessary steps to condemn the property will be instituted if this voluntary sale is not arranged. Accordingly, conveyance of the property under the Right of Way Contract is made under threat of condemnation. 2. The Wendlers have conveyed their interest in the property to W P Partnership, a general partnership, and will take the place of the Wendlers. 3. W P Partnership will be responsible for securing release of the deeds of trust securing the indebtedness to Wells Fargo with respect to th property conveyed. 1---) �� Horst Hanf Irene Hanf William H. Poeschl Ilse C. Poeschl W P Partnership B L Y ��.�c�Fr •gip ` " �• L` City of San Rafael By Dorothy Breiner, Vice Mayor