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Home My WebLink AboutFin Conveyance of Open Space PropertyRecording Requested by: Marin County Open Space District WHEN RECORDED MAIL TO: Marin County Department of Public Works Real Estate Division P. O. Box 4186 San Rafael, CA 94903-4186 Attention: Terry Toner APN: 177-240-14 & 20 Recordi n fees exem t er Gov Code 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED The City of San Rafael, a municipal corporation, pursuant to Resolution No. 14481 attached hereto, Hereby Quitclaim(s) to The Marin County Open Space District, a public district of the State of California, all its right, title and interest in the real property located in the County of Marin, State of California, more particularly described in Exhibit A attached hereto and incorporated herein. This Quitclaim Deed is being accepted by the Board of Directors of the Marin County Open Space District as disclosed by the attached Certificate of Acceptance by its Board of Directors and attested thereto by the Secretary of the Board. [attach notarization] ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Marin On \V\ ~y-c..b 1 .. :2. ... J..OI'b before me, Lindsay Faye Lara, Notary Public I (insert name and title of the officer) personally appeared ('" 0.. Y'l Ph, \ \ \ P oS , who proved to me on the basis of satisfactory evidence to be the person(~ whose name(~ is/ar=e subscribed to the within instrument and acknowledged to me that he/s l'teftlley-executed the same in his/her/tReir authorized capacity(~), and that by his/herltIieir signature(-s7 on t he instrument the person(~, or the entity upon behalf of which the person fsTa cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __ 'tt....:;...,.,. __ . oe ___ ~ _____ _ (Seal) ~ ....c:I!; ~ LINDSAY fAYE LARA -~ t:A COMM. #2182818 z ~ISI: Nolaly Public • California ~ Z\~ ;yJI Malin Cou nty ... 1 -.&fIP'" MY Conm. ExDires Feb. IQ,2021 f RESOLUTION NO. 14481 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED TO RELINQUISH TO MARIN COUNTY OPEN SPACE DISTRICT THE CITY'S RIGHTS AND INTEREST IN TWO PARCELS JOINTLY OWNED BY THE CITY OF SAN RAFAEL AND MARIN COUNTY OPEN SPACE DISTRICT WHEREAS, in 1993, the City of San Rafael and Marin County Open Space District purchased approximately 43 acres of vacant land located in the County of Marin and referred to as Marin County Assessor Parcel Nos. 177-240-14 and 177-240-20 (the "Property"); and WHEREAS, the City of San Rafael and Marin County Open Space District each have a one half (112) interest in the Property; and WHEREAS, the Property is designated as open space and located in Unincorporated Marin in the Terra Linda-Sleepy Hollow Open Space Preserve and adjacent to the Ridgewood Fire Road; and WHEREAS, the City has no intention to annex the Property, to build on the Property, or sell the Property; and WHEREAS, there does not appear to be a benefit to the City that warrants pursuing annexation of the property; and WHEREAS, in order to relieve the City of administrative and cost burdens associated with retaining an interest in the Property, staff recommends relinquishing all rights and interest to Marin County Open Space District through a Quitclaim Deed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as follows : 1. The City Council hereby relinquishes to the Marin County Open Space District via Quitclaim Deed the City's one-half (112) interest and rights to the Property, composed of two'open space lots at the end of Ridgewood Road and adjacent to Ridgewood Fire Road in the Terra Linda Sleepy Hollow Open Space Preserve, Assessor Marcel Nos. 177-240-14 and 177-240-20. 2. The Mayor is hereby authorized, on behalf of the City, to execute the Quitclaim Deed in a form approved by the City Attorney. 3. The City Manager is hereby authorized to execute any other documents required to effectuate such conveyance. I, Lindsay Lara, 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 the City of San Rafael held on March 19,2018 by the following vote to wit: AYES : Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None LINDSAY LARA, City Clerk DESCRIPTION -All that certain Real Property situate in the County of Marin, State of California, described as follows: PARCEL ONE: BEGINNING at a post marked "T.M.2" at the Northwesterly corner of that certain tract of land which was conveyed by Henry A. DuBois, Jr., to The Mount Tamalpais Cemetery, by Deed dated July 6, 1880 and recorded in Book "u" of Deeds, at Page 554, Marin County Records, which said corner is Station 2 of the survey of the Rancho San Pedro Santa Margarita y Las Gallinas and~ears North 11° IS' East (along the boundary of said rancho survey) 70 chains and 20 links from an artificial mound of stones on the summit of the hill known as "Red Hill" which said stone mound is the place of beginning of the final survey of said rancho; running thence along the boundary of said rancho, South 11° IS' Hest 1402.2 feet to an iron pipe; thence leaving said boundary line and crossing and subdividing the so-called '~ount Tamalpais Cemetery Tract", North 76° 44' East 970 feet to an iron pipe; and South 56° East 799.1 feet to an iron pipe set in the Easterly line of last mentioned tract and the Westerly line of the lands formerly owned by Alexander Forbes; thence along said line, North 34° East 1000 feet, more or less, to the boundary of the lands heretofore owned by Lucas; thence along the Southerly boundary of said Lucas Ranch; North 65° 3~' West 2,058.0 feet, more or less, to the point of beginning. EXCEPTING THEREFROM that certain portion thereof desc~ibed as follows: BEGI~ING at the east corner of that certain parcel of land described in the Deed from P. D. Apfelbaum, et ux, to Ellabee Development Corporation, recorded May 11, 1965 in Book 1939 of Official Records, at Page 36, Harin County Records; running thence along the Southeasterly boundary line of said Ellabee parcel, South 34° 08' 11" West 80.00 feet; thence leaving said Ellabee boundary line and running North 31 0 29' 31" ,.jest 128.35 feet to the Northeast boundary line of said Ellabee parcel; running thence along said Northeast boundary line, South 68 0 53' 02" East 120.00 feet to the point of beginning. PARCEL TWO: AN EAS~1ENT for the purpose of laying down, repairing, replacing and generally using a main water pipe or pipes over and along a strip or parcel of land 5 feet on each side of the following described line: BEGINNING at a stake South 34 0 West 11.5 feet and North 65° 30' West 871.2 feet from the Section m·onument known as "E5" thence South 34 0 t.jest 872 feet; thence South 65 0 Hest 100 feet, more or less, to Hillow Avenue; thence Southeasterly along said Hillow Avenu·e to the main entrance of the. tract known as "The Hount Tamalpais Cemetery Tract". BEING the same right of way reserved in the deed from Henry A. DuBois to the ~fount Tamalpais Cemetery, a corporation, recorded J~ly 8; 1880 in Book "U" of Deeds, at Page 554, Harin County Records. continued --EXHIBIT A 2. 1 -., " .. PARCEL THREE: Any Right, Title, or Interest, if any, in that certain street and utility easement across the following described parcel of land, as conveyed by Carlos R. Freitas, et aI, to Carl · A. Roy, et aI, by that certain Access Agreement recorded December 24, 1962 in Book 1643 of Official Records, at Page 52J. Marin County Records. A STRIP OF LAND 54 feet in width, lying 27 feet on each side of the following described center line: BEGINNING at a point on the Southerly boundary of the lands heretofore o\med by Lucas, ·which point lies North 65° 3D' 00" West 200.00 feet from the most Hesterly corner of the property conveyed to Thorinson Construction Corporation, by Deed recorded December 17, 1952 in Book 780 of Official Records, at Page 483, Marin County Records; thence leaving said Lucas Ranch boundary and proceeding North 60° DO' 00" East 59.50 feet; thence Easterly on a curve concave to the Southeast tangent to the preceding course having a radius of 200.00 feet, through a central angle of 56° 3D' 00" for a distance of 197.22 feet; thence South 62° 3D' 00" East 14 feet, more or less, to a point on the Northwesterly boundary of said Thorinson property (780 Book 483) which point lies North 34° 23' 00" East 128.41 feet, more or less, from the hereintofore mentioned most Westerly corner of the Thorinson property (780 Book 483) said point being the Westerly terminus of that certain easement conveyed by Alan M. Kay, et ux, to Carl A. Roy, et UX, by Deed recorded December 6, 1962 in Book 1637 of Official Records, at Page 387, Marin County Records. EXHIBIT A WHEN RECORDED RETURN TO: County of Marin Real Estate Division P.O. Box 4186, Civic Center Branch San Rafael, CA 94913-4186 Attention: Terry Toner AREA: Terra LAnda / Sleepy Hollow Ridge Open Space Preserve APN: 177-240-14 & 20 CERTIFICATE OF ACCEPTANCE OF GRANT OF INTEREST IN REAL PROPERTY THIS IS TO CERTIFY that the interest in real property conveyed by the attached Grant Deed dated _______ from The City of San Rafael, a municipal corporation to the Marin County Open Space District, a public district of the State of California, is hereby accepted by order of the Board of Directors of the Marin County Open Space District and the grantee consents to the recordation thereof by its duly authorized officer. Date _________ _ President, Board of Directors ATTEST: Secretary