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Home My WebLink AboutCC Resolution 14609 (Surplus Property Conveyance)1 RESOLUTION NO. 14609 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE CONVEYANCE OF SURPLUS CITY PROPERTY TO THE STATE OF CALIFORNIA IN CONNECTION WITH THE WIDENING OF THE NORTHBOUND U.S. 101/EASTBOUND I-580 FREEWAY OFF-RAMP WHEREAS, the State of California, through its Department of Transportation (hereafter “Caltrans”) is undertaking a project to widen the freeway off -ramp at the intersection of Northbound U.S. Highway 101 and Eastbound Interstate Highway 580 in San Rafael (the “offramp widening”); and WHEREAS, the City of San Rafael owns a parcel of unimproved real property directly adjacent to the Caltrans right-of-way where the freeway will be widened (the “Property”), which Property is more particularly described in the “Quitclaim Deed” attached hereto as Exhibit 1; and WHEREAS, Caltrans has requested that the City execute the Quitclaim Deed to convey the City’s interest in the Property to Caltrans, to become part of the off-ramp widening; and WHEREAS, the information presented by City staff indicates, and the City Council finds, that the Property is approximately 3,000 square feet in size and is not needed by the City for municipal purposes; and WHEREAS, Article III, section 5 of the Charter of the City of San Rafael provides that the City has the right and power to dispose of public property for the public benefit; and WHEREAS, the City Council finds that the off-ramp widening project will benefit the public health, safety and welfare of the residents of San Rafael and Marin County by enhancing the flow of freeway traffic, and that it is in the best interests of the City to donate the Property to Caltrans without payment of monetary compensation; and WHEREAS, pursuant to Government Code sections 54221-54222.3, due to its small size, the Property is considered to be “exempt surplus property” and may be conveyed by the City without complying with the requirement that it be offered for sale or lease to housing, parks and recreation, school, or other qualified agencies prior to disposition by the City; NOW THEREFORE, be it resolved by the City Council as follows: 1.The Mayor is authorized to execute the Quitclaim Deed in Exhibit 1, Caltrans’ form of “Acknowledgement for Donations”, and all other documents required to effectuate the conveyance of the Property to Caltrans. 2.The City Council waives any claim for monetary compensation for donation of the Property to Caltrans. I, LINDSAY LARA, City Clerk of the City of San Rafael, hereby certify that this Resolution was duly and regularly introduced and adopted at a regular meeting of said City Council held on the 3rd day of December 2018 by the following vote, to wit: 2 AYES: COUNCILMEMBERS: Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bushey ____________________________ LINDSAY LARA, City Clerk RECORDING REQUESTED BY STATE OF CALIFORNIA - - - - - - - - - - - - - - - - - - - - - - - - WHEN RECORDED RETURN TO DEPARTMENT OF TRANSPORTATION PO BOX 23440, MS-11A OAKLAND, CA 94623-0440 Attn: Jerome Brunstein Space above this line for Recorder’s Use Transfer Tax Not Applicable: R & T Code 11922 STATE BUSINESS: Free This is to certify that this document is presented for recordation by the State of California under Government Code 27383 and is necessary to complete the chain of title of the State to property acquired by the State of California. DISTRICT DIRECTOR BY MARK L. WEAVER Deputy District Director Right of Way and Land Surveys D4_Quitclaim_Deed_Corp_FullAcq_Rev_2015-11-13 02 - DRAFT-Bellam - D4_Quitclaim_Deed_111918.docx QUITCLAIM DEED District County Route Postmile Number 04 MRN 101 580 9.8/9.8 4.4/4.7 63736 The City of San Rafael, a municipal corporation, hereinafter called GRANTOR, hereby releases and quitclaims to the State of California, Department of Transportation, hereinafter called STATE, all right, title and interest in and to all that real property in City of San Rafael, County of Marin, State of California, described as follows: See Exhibit A, attached. Number 63736 D4_Quitclaim_Deed_Corp_FullAcq_Rev_2015-11-13 02 - DRAFT-Bellam - D4_Quitclaim_Deed_111918.docx This quitclaim deed is made for the purposes of a freeway and the undersigned hereby releases and relinquishes to the STATE any and all abutter’s rights, including access rights, appurtenant to the remaining property in which the undersigned has some right, title or interest, in and to the freeway. Dated:City of San Rafael GARY O. PHILLIPS Mayor This is to certify that the State of California, acting by and through the Department of Transportation (according to Section 27281 of the Government Code), accepts for public purposes the real property described in this deed and consents to its recordation. Dated LAURIE BERMAN Director of Transportation By MARK L. WEAVER, Attorney in Fact Deputy District Director Right of Way and Land Surveys Number 63736 D4_Quitclaim_Deed_Corp_FullAcq_Rev_2015-11-13 02 - DRAFT-Bellam - D4_Quitclaim_Deed_111918.docx 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 SS County of On before me,, Here insert Name and Title of the Officer personally appeared , who 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 the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, 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 (Seal) STATE OF CALIFORNIA · DEPARTMENT OF TRANSPORTATION EXHIBIT ACKNOWLEDGEMENT FOR DONATIONS 17-EX-8 (6/2002) (Form #) Project Intersection Improvements including signing,striping modification, retaining wall and traffic signal modifications. File No.04-0Q270 Parcels Parcel Two of the Grant Deed to the City of San Rafael recorded March 26, 1981 as 81012917 in Marin County as shown on the attached Exhibit A Federal Project No. N/A Limits In Marin County NB US 101 / EB I-580 Off Ramp to Bellam Blvd. in San Rafael. The City of San Rafael (City) does hereby acknowledge that City have been fully informed of our rights under Federal law to receive just compensation for the transfer of fee title of our property, Parcel Two on the Grant Deed to the City of San Rafael recorded March 26, 1981 as 81012917 in Marin County as shown on the attached Exhibit A and shown on the map attached hereto as Exhibit B and made a part hereof, and that City have also been informed of our right to have an appraisal made of said property along with an offer of just compensation. However, City does hereby waive these rights and agree to donate said fee title to the State of California, Department of Transportation (State) for the freeway project for the Transportation Authority of Marin (TAM) sponsored project at NB US 101/EB I-580 Off Ramp at Bellam Blvd. in San Rafael. It is understood that TAM and the State shall have right of possession and use of the property upon approval of this Acknowledgement For Donations by the City through City Council Resolution authorizing the execution of the Quitclaim Deed to the State of California, Department of Transportation. This acknowledgement is signed by us freely and without coercion of any kind. Name Mr. Gary O. Phillips Title:Mayor – City of San Rafael Signed Date: _______________________