HomeMy WebLinkAboutResolution No. 6086RESOLUTION NO. 6086
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf of
the City of San Rafael, a contract, lease or agreement with
Ranch Road Annexation Property Owners and Marin County Local Agency
Formation Commission,
a copy of which is hereby attached and by this reference made a part
hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly intro-
duced and adopted at a regular meeting of the City Council of said
City held on Monday the twentieth day of April
1981 , by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEA113ERS : None
ABSENT: COUNCILMEMBERS: None
NNE M. LEONCINI, City Clerk
LOCAL AGENCY FORMATION COMMISSION OF MARIN COUNTY
RESOLUTION NO. 51-8
RESOLUTION MAKING DETERMINATIONS AND APPROVING ANNEXATION
WITH WAIVER OF NOTICE, HEARING, AND ELECTION
TO THE LAS GALLINAS VALLEY SANITARY DISTRICT
RANCH ROAD ANNEXATION
WHEREAS, a proposal for the annexation of certain territory to the
Las Gallinas Valley Sanitary District in the County of Marin has been filed with
the Executivc Officer of this Cemmission; and
WHEREAS, said proposal was made in the form of a petition submitted by
property owner, Richard H. Owens, requesting the initiation of annexation pro-
ceedings pursuant to the District Reorganization Act of 1965, Division 1
(commencing with Section 56000) of Title 6 of the Government Code; and
WHEREAS, said petition was signed by all owners of land within the
territory proposed to be annexed; and
WHEREAS, pursuant to Government Code Section 56261, when a resolution
of application is accompanied by written consent of all owners of land within
the territory proposed to be annexed, this Commission may make determinations
with respect to said annexation without notice and hearing.
NOW, THEREFORE, the Local Agency Formation Commission of the County of.
Marin DOES HEREBY RESOLVE, DETERiMINE AND ORDER as follows:
Section 1. Subject to the terms and conditions hereinafter
specified, the proposal made by petition is approved.
Section 2. The boundaries of the territory proposed to be annexed
shall be those set forth in Exhibit A, attached hereto and incorporated herein;
and said territory shall be designated as the Ranch Road Annexation.
Section 3. Said territory is found to be inhabited.
Section 4. Any resolution ordering the annexation approved by
this resolution shall provide that such annexation is ordered subject to the
following terms and conditions:
A. Las Gallinas Valley Sanitary District's terms and
conditions as set forth in Exhibit B, attached hereto
and incorporated herein.
B. That all affected property owners shall enter into a
binding agreement with the City of San Rafael and the
Marin Local Agency Formation Commission wherein annexa-
tion to the City will not be opposed by said property
owners when initiated by the City Council. Terms of said
agreement are specified in Exhibit C, attached hereto and
incorporated herein.
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Section 5. Waiver of certain Commission policies has been granted
by LAFCo in approving the Ranch Road Annexation proposal. Said waiver is given
in order to facilitate the correction of an emergency condition posing serious
health hazards to local residents. Said waiver further takes into account sup-
port for such approval provided by the City of San Rafael planning staff.
Following preparation of a specific area plan for Los Ranchitos, the City of San
Rafael could initiate annexation of this unincorporated island area in a compre-
hensive, rather than piecemeal, manner. Waiver of the dual annexation policy is
also based upon the fact that the site is not contiguous, and, therefore, not
legally annexable to the City.
Section 6. The Las Gallinas Valley Sanitary District is designated
as the conducting district for further proceedings, and the Board of Directors of
said District is hereby directed to initiate proceedings in compliance with this
resolution and is authorized to proceed without notice or hearing pursuant to
Government Code Section 56261.
Section 7. In accordance with applicable provisions contained in
the Marin Local Agency Formation Commission Environmental Guidelines and Procedures,
+I;n '!Tori-+ Local A -en:% Formation Commission, as the api3rokriate lead agC.ency has
conducted an initial study and has issued a Negative Declaration.
Section 8. The Executive Officer is hereby authorized and directed
to mail certified copies of the resolution in the manner prescribed by Section
56272 of the Government Code.
PASSED AND ADOPTED by the Marin County Local Agency Formation Commission
on this 12th day of February 1981 by the following vote:
a
AYES: Commissioners Boessenecker, Giacomini, Violich., Wilhelm and Haehl
NOES: None
ABSENT: None
L i M. HAEHL, Chairpe n
Marin Local Agency Formation Commission
ATTEST:
a
WARREN K. NEON, Executive Officer
DATE: February 13, 1981
( EXHIBIT A
I -AS GALLINAS VALLEY SANITARY DISTRICT _. December 1980
Annexation 1981-1 RANCH ROAD ANNEXATION
Lands Adjacent to Ranch Road, Baytree Road, etc.
BEGINNING at the most southerly corner of Lot 6, as said lot is shown on the
"Map of Los Ranchitos Estates" recorded in Book 18 of Maps, at Page 29,
Official Records of Marin County, State of California, said corner also being
common to the parcel of land conveyed to Leroy I. Peterson, et ux, by deed
recorded in Book 1307, at Page 565, of said Official Records, said point also
being on the existing boundary of Las Gallinas Valley Sanitary District; thence
From said Point of Beginning, leaving said district boundary along the easterly
lines of the lands of Peterson (1307 O.R. 565), John B. Sorensen (described
in the deed recorded in Book 2408, at Page 479, of said Official Records) and
Phillip A. Bernauer (described in deed recorded in Book 1186, at Page 540, of
said Official Records) South 00° 45' 10" West 265.535 Feet to the center line of
a road, 50 feet wide, known as Glenside Way; thence along said center line of
Glenside Way, as described in the deeds to Bernauer (1186 O. R. 540) and
William H . Held, et ux (recorded in Book 2537, at Page 374, of said Official
Records), along a curve to the left, the center of which bears South 38° 5313011
East, with a radius of 60 Feet through an angle of 54° 08' 1011, an arc length of
56.69 feet; thence South 3° 01 1 40" East 174.28 feet; thence along a tangent
curve to the right with a radius of 40 Feet through an angle of 1230 09' 4017,
an arc length of 85.983 feet; thence along a reverse curve to the left with a
radius of 100 Feet through an angle of 30° 23' 3011, an arc length of 53.043
Feet; thence South 890 44' 30" West 40 Feet to the center of a 40
foot radius cul-de-sac; thence ,. leaving said center line,
South 89° 44' 30" West 40 feet to the cul-de-sac right-of-way
4.740.00
JAA 12/2/380
Page 1 of 4
line; thence along the southerly boundary of the lands of Held (2537 O. R. 374)
South 890 44' 30" West 9.475 feet, North 87° West 85.86 feet and
North 81 ° 33' West 103.33 feet to the easterly line of the parcel of land
conveyed to John F. Bowman, et ux, by deed recorded in Book 2481, at
Page 510, of said Official Records; thence along last said line South 60 17'
West 45.75 feet to the northeast corner of the parcel of land conveyed to
Douglas E. Dickie, et ux, by deed recorded in Book 777, at Page 505, of
said Official Records; thence along the easterly line of the lands of Dickie
(777 O. R. 505) and the easterly line of the parcel of land conveyed to
Douglas E. Dickie, et ux, by deed recorded in Book 1132, at Page 142,
of said Official Records, South 200 35' East 445.34 feet, more or less;
thence along the southerly line of the lands of Dickie (1132 O. R. 142)
North 830 42' 30" West 151.77 feet, more or less, to the easterly line
of the parcel of land conveyed to Diane L. Litchfield by deed recorded
in Book 1443, at Page 174, of said Official Records; thence along the
easterly, southerly and westerly lines of the land of Litchfield (1443 O. R. 174)
South 8° 47' East 142.03 feet, South 80 05' East 129.73 feet, North 800 59'
West 172.40 feet, North 850 27' West 71.556 feet and North 80 34' East 42.17
feet to the southerly line of the parcel of land conveyed to Edward W. Brandt,
et ux, by deed recorded in Book 772, at Page 53, of said Official Records;
thence along the southerly and westerly lines of the lands of Brandt ( 777 O. R. 53)
North 860 48130" West 137.28 feet, South 85° 19' 50" West 13.13 feet and
North 24° 42' West 262.62 feet to the southerly line of the parcel of
land conveyed to Robert D. Moore, Jr., by deed recorded in Book 1561,
4.740.00
JAA 12/23/80
Page 2 of 4
at Page 124, of said Official Records; thence along the southerly and
westerly lines of the lands of Moore (1561 O. R. 124) North 830 421 3011
West 59.71 Feet and North 200 241 30" West 320 Feet to the most southerly
corner of the parcel of land conveyed to Charles B. Emery, Jr., et ux,
by deed recorded in Book 996, at Page 224, of said Official Records;
thence along the southwesterly and northwesterly lines of the lands of
Emery (996 O. R. 224) North 17° 301 West 295.17 Feet and North 630 301
East 109.711 Feet to the most westerly corner of the parcel of land conveyed
to Stewart Emery by deed recorded in Book 3635, at Page 410, of said
Official Records; thence along the northerly boundary of the lands of
Emery (3635 O. R. 410) North 63° 301 East 139.43 Feet and North 890 451
East 228.92 Feet to the southerly terminus of the line that bears
North 4° 571 East 90.39 feet as said line is described in the deed to
Richard H. Owens, et ux, recorded in Book 2578, at Page 408, of said
Official Records; thence along the westerly and northerly boundary of
the lands of Owens (2578 O.R. 408) North 4° 571 East 90.39 Feet,
North 400 291 West 126.013 Feet, North 130 581 East 127.297 Feet,
North 340 341 East 91.31 feet and South 770 231 28" East 80.07 Feet to the
westerly line of the land conveyed to Robert J. Young, et ux, by deed
recorded in Book 2584, at Page 496, of said Official Records; thence
along last said line North 14° 30' East 214.088 Feet to the southwesterly
corner of the parcel of land conveyed to Ricardo A. Urrea, et ux, by
deed recorded in Book 3477, at Page 449, of said Official Records;
thence along the westerly and northerly boundary of the lands of Urrea
4.740.00
JAA 12/23/80
Page 3 of 4
f
(3477 O. R. 449) North 1 ° 091 40" East 146.531 Feet and North 750 54' East
80.333 Feet to the most southerly corner of the parcel of land conveyed to
Robert N. Nave, et ux, by deed recorded in Book 791, at Page 299, of
said Official Records; thence along the westerly line of the lands of Nave
(791 0. R. 299) North 25° 18' East 280.714 Feet to the southerly line of
the Old State Highway From San Rafael to Petaluma, now a County road
known as Ranchitos Road; thence along last said line South 830 021
East 261.051 Feet to a point of cusp, distant thereon North 830 021 West
166.851 Feet From a concrete monument at Engineer's Station 865 + 17.56,
said point being on the existing district boundary; thence southerly along
said boundary to the Point of Beginning.
4.740.00
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Page 4 of 4
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EXHIBIT B
LAS GALLINAS VALLEY SANITARY DISTRICT
The annexation shall be subject to the following terms and conditions:
(1) In the event that pursuant to rules, regulations or ordinances
of the District, as now or hereafter amended, the District shall
require any payment of a fixed or determinable amount of money,
either as a lump sum or in installments, or the acquisition,
transfer, use or right of use of all or any part of the existing
property, real or personal, of the District, such payment shall
be made to the District in the manner and at the time as provided
by the rules, regulations or ordinances of the District, as now
or hereafter amended, pursuant to which such payment is required.
(2) Upon and after the effective date of said annexation, the territory,
all inhabitants within such territory, and all persons entitled to
vote by reason of residing or owning land within the territory shall
be subject to the jurisdiction of the District; shall have the same
rights and duties as if the territory had been a part of the District
upon its original formation; shall be liable for the payment of
principal, interest and any other amounts which shall become due on
account of any outstanding or then authorized but thereafter issued
bonds, including revenue bonds, or other contracts or obligations
of the District; shall be subject to the levying or fixing and col-
lection of any and all taxes, assessments, service charges, rentals
or rates as may be necessary to provide for such payment; and shall
be subject to all of the rates, rules, regulations and ordinances
of the District, as now or hereafter amended.
(3) No right to capacity in any facilities or public improvements of
District, service, or priority of service shall arise because of
annexation. District shall, in its sole discretion, determine when
and if service can be provided, the priority of service and the
conditions upon which service may be made if District determines
service can be provided.
EXHIBIT C
A G R E E M E N T
THIS AGREEMENT made and entered into by and between PROPERTY OWNERS as
follows:
Name
Address
Parcel No.
Peter $ Poulo Caroe
23
Ranch Road
179-202-05
Earl $ Audrey Dodson
19
Ranch Road
179-202-06
Robert & Doris Nave
4
Ranch Road
179-201-07
Ricardo $ Mary Urrea
14
Ranch Road
179-201-08
Robert $ Vera Young
22
Ranch Road
179-201-09
Richard & Geraldine Owens
32
Ranch Road
179-261-05
Stewart Emery
42
Ranch Road
179-261-06
Douglas $ Zelma Dickie
69
Ranch Road
179-261-08,40
William & Sally Held
100
Glenside Way
179-261-14
Charles Frances Emery
46
Ranch Road
179-261-29
Edwin & Constance Dapello
48
Ranch Road
179-261-30
Mitchell Brown
55
Ranch Road
179-261-33
John & Beatrice Bowman
10
Baytree Road
179-261-34,35,36
Phillip $ Ann Bernauer
16
Baytree Road
179-261-39
Walter Chudyk
68
Ranch Road
179-261-47
Robert Moore (J. D. Edwards,
62
Ranch Road
179-261-48
Executor)
John B. Sorensen
20
Baytree Road
179-261-61
Leroy & Jeanne Peterson
27
Ranch Road
179-261-62
Edwin & Jean Brandt
199
Valley View Avenue
010-091-28
Diane Hess
200
Valley View Avenue
10-091-29
their heirs, successors and assignes, hereinafter collectively referred to as
"OWNERS", the MARIN COUNTY LOCAL AGENCY FORMATION COMMISSION, hereinafter referred
to as "LAFCo", and the CITY OF SAN RAFAEL, hereinafter referred to as "CITY";
W I T N E S S E T H:
FOR AND IN CONSIDERATION of the mutual promises hereinafter contained, the
parties hereto do hereby agree as follows:
1. Owners own all that certain real property situate in the County of
Marin, State of California, described in Exhibit A, attached hereto and incorpo-
rated herein.
2. This agreement shall be recorded in the office of the Marin County
Recorder by LAFCo, and the effective date shall be the date of recordation.
3. This agreement is hereby denominated by the parties as a covenant which
shall run with the land above described and shall be binding upon the transferees,
heirs, successors and assigns of owners.
4. Owners agree in the event of any transfer of the above described
property to furnish the transferee with a copy of this agreement.
S. LAFCo agrees to approve the annexation of the lands herein described
to the Las Gallinas Valley Sanitary District pursuant to said Commission's
Resolution No. 81-8 making determinations.
6. Owners consent to the annexation of the above described real property
to the City of San Rafael when said annexation is initiated by the City pursuant
to applicable provisions of the Municipal Organization Act of 1977.
IN WITNESS whereof the parties hereto have set their hand the day and year
first above written.
"OWNERS"
Owner's Name Date Owner's Name Date
"LAFCo"
BY
Chairperson aU te"
"CITY OF SAN RAFAEL"
Mayor ate
ATTEST:
Executive Officer
Date
4. Owners agree in the event of any transfer of the above described
property to furnish the transferee with a copy of this agreement.
5. LAFCo agrees to approve the annexation of the lands herein described
to the Las Gallinas Valley Sanitary District pursuant to said Commission's
Resolution No. 81-8 making determinations.
6. Dimers consent to the annexation of the above described real property
to the City of San Rafael when said annexation is initiated by the City pursuant
to applicable provisions of the Municipal Organization Act of 1977.
IN WITNESS whereof the parties hereto have set their hand the day and year
first above written.
\ ame
"OKNERS"
L11LV
J.
Z- z 2-
LAFCo"
Owner's Name
BY
Chairperson-- at
"CITY OF SAN R\FaEP
BY
Mayor Date
ATTEST:
Executive Officer
L • � F -� 1
n. Owners agree in the event of any transfer of the above described
property to furnish the transferee with a copy of this agreement.
5. LAFCo agrees to approve the annexation of the lands herein described
to the Las Gallinas Valley Sanitary District pursuant to said Commission's
Resolution No. 81-8 making determinations.
r 6.! Owners consent to the annexation of the above described real property
to the City of San Rafael when said annexation is initiated by the City pursuant
to applicable provisions of the Municipal Organization Act of 1977.
IN WITNESS whereof the parties hereto have set their hand the day and year
first above written.
Owner I s Name
l
"OWNERS"
Date
'' L.-kFCo"
Owner's Name Date
BY
Chairperson Yatd
"CITY OF S:1-\' RAFAEL"
BY
Mayor
ATT ST:
Executive Officer
Date
Date
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