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HomeMy WebLinkAboutResolution No. 5015RESOLUTION NO. 5015 A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael a lease or agreement with SHAMROCK MATERIALS, INC - LEER AND EVA J CECCOTTI A copy of which is hereby attached and by this reference made a part (RIGHT OF WAY CONTRACT AND ESCROW INSTRUCTIONS FOR LAND ACQUISITION AFFECTING hereof. PARCEL 17, AMENDED LAND ACQUISITION MAP - EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2) I, MARION A. GRADY, City 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 said City held on MONDAY the 25TH _ day of Atl(;UST 19 75 , by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None MARION A. GRADY - City Clerk 2Gsl�As . RIGHT OF WAY CONTRACT CITY OF SAN RAFAEL A document, in the form of a Grant Deed, covering the property described in that instrument, has been executed and delivered to Charles P, Semple, representative of the City of San Rafael, 1, The City shall: (A) Pay the undersigned grantor(s) the sum of $1,,300.00 for the property or interest therein, as conveyed by above document, when property vests in the City free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded) and taxes, except: . a. Current general and spec ial county and city taxes, if any. = Coir-enants, conditions, restrictions and res- ervations of record, if any. C. Easements or rights of way over said land for utility or street purposes, if any, (B) Pay all escrow and recording fees incurred in this transaction and, if title insurance is desired by the State, the premium charged therefor, and trans- fer tax, if required. Said escrow and recording charges shall not, however, include reconveyance fees, trustee's fees or forwarding fees for any full recon- veyance or full release of mortgage. 2. Any or. all monies payable under this contract, up to and including the total amount of unpaid prin- cipal and interest on note(s). secured by mortgage(s) or deed(s) of trust, if any, together with penalty Right of Way Contract Page Z penalty (if any) for payment in full in advance of maturity, shall, upon demand(s) be made payable to the mortgage(s) or beneficiary(s) -entitled there- under; said mortgagee(s) or beneficiary(s) to fur- nish grantor with good and sufficient receipt show- ing said monies credited against the indebtedness secured by said mortgage(s) or deed(s) of trust. IN WITNESS WHEREOF, the parties have executed this agree- ment on E GRANTOR " CHIT MAYOR U11Y CLERK SliamrocJF Materials, Inc: RENEE QURDISSO - Deputy City Clerk 7. Marin Title Guaranty Company 1300 Fourth Street San Rafael, California Gentlemen: There is transmitted to you herewith the following: The sunt of $1,366.50. AUGUST 1975 r a .......................................... �..... . DATE Re -Your No. 1057.82 -EJC Re: Acquisition from Lee R. Ceccotti & Wife and Shamrock Materials, Inc. TO BE DELIVERED OR DISBURSED upon recordation, subject to the exceptions and conditions of the standard form of title insurance policy, of a Deed to the City of San Pafael, a municipal corporation describing the lands set forth on the attached sheet, SUBJECT TO: County of Marin and City of San Rafael general and special taxes for the fiscal year 1975-76 now a lien but not due or payable.(AP 9-150-41 and other property) The subject property lies within the East San Rafael Drainage Assessment Dis- trict No. 2 as shown on the Diagram filed March 3, 1975 in Book 2 of AssessmentE at page 1, and by a notice of Assessment by the City of San Rafael, recorded March 3, 1975 in Book 2872 of Official Records at page 577. Amts. not available. Rights and easements for navigation, commerce and fisheries. Any easements or claims of easements based on prescription or by implied dedi- cation to the public over the land, or any part thereof, for access to the adjoining beach or body of water, or for recreational purposes. Easement, 20 feet wide, affecting the premises for Levee purposes granted to Sai Rafael Sanitation District recorded November 3, 1955 in Book 983 of Official Records at page 437. Easement, 25 feet wide, affecting the premises for ingress, egress and public utilities granted to Equitable Development Co., a limited partnership, recorded March 23, 1965 in Book 1922 of Official Records at page 413. Affects South- easterly 25 feet. Easeiient, 7.5 feet wide, granted to City of San Rafael for drainage purposes recorded April 16, 1965 in Book 1931 of Official Records at page 282. Affects Southeasterly 7.5 feet. --- C01,TTI�IUED ON REVERSE HEREOF --- THE DEMAND for delivery or disbursement of the above named items shall be in accordance with the 4'.-.111, vinr, ctntaniant Debit Credit Purchase � -S.ZF-Price $ i $ Pro -rata taxes Pro -rata insurance Title Insurance Prem. 9 Escrow fees 6 615 0 Recording Balance to close) herewith 1 3 6 6 5 0 TnTei c 1 3 5 5 5 0 1 3 Di 5131 .Authority to deliver shall be deemed to be Authority to Record. CITY OF .1 FAEL, Muni We acknowledge receipt of an executed copy C i poration of this Instruction and the items listed hereon. BY...................................................................... I layor MARIN TITLE- GUARANTY CWIPANY B................................... Date............................. Please mail oils item to .. EJC/dd 8-21-75 Attest .......... --------------------------------- REt:EE 6URDISSO - Deputy City Clerk City Clerk SUBJECT TO: Cont'd. 8. Easement, 15 feet wide, granted to City of San Rafael for Drainage ur oses recorded April 16 1965 in Book 1931 of Official Records at F P page 298. Affects �lortheasterly 15 feet. 9. Easements shown on the filed ?dap of the Ceccotti Tract. By resolution recorded September 13, 1971 in Book 2501 of Official Records at page 1191, Lade by the San Rafael City Council, the 35 foot easements along the Southwesterly and Northeasterly lines were abandoned as public easements. Dated: Aubust 9-5 , 1975. CITY OF SALT RAFAEL, a municipal ^ rporation By: Mayor Attest: RENEE BURDISSO - Deputy City Clerk Y GONZALF & OBERKAMPER CIVIL ENGINEERS, INC. April 14, 1975 Job No. 115-73 EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2 PONDING AREA LEE R. CECCOTTI, et al Beginning at the most northerly corner of Lot 3 as shown upon that certain map entitled "Map of Ceccotti Tract, San Rafael, California", recorded September 14, 1970 in Volume 14 of Maps at page 75, Marin County Records; thence along the northeasterly boundary of said Lot 3 (14 Maps 75) , South 52°27118" East, 88.83 feet to the True Point of Beginning; thence leaving said northeasterly boundary (14 Maps 75) southeasterly along a curve to the right, whose center bears South 5104910011 West, having a radius of 230. 00 feet through a central angle of 32 ° 3611311 an arc length of 130. 88 feet to a point on the northwesterly boundary of Parcel One of the deed from Francisco Company, a limited partnership to Raymond Piombo and Melvin Piombo, recorded May 15, 1972 in Book 2568 of Official Records at page 183, Marin County Records; thence along said northwesterly boundary (2568 0. R. 183) North 37°32'42" East, 65. 68 feet to the most northerly corner of said Parcel One (2568 0. R. 183) ; thence leaving said northwesterly boundar (2568 0. R. 183) , along said northeasterly boundary of said Lot 3 (14 Maps 75 North 52°27118" West, 111.17 feet to the True Point of Beginning. Ix - Containing Containing 0.0655 acres, more or less. BFL:reb