HomeMy WebLinkAboutPW 3301 Kerner Blvd Purchase AgreementCITY OF &Y Agenda Item No: 6 Meeting Date: 12/7/09 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public o Prepared by City Manager Approval: - etor ublie Works SUBJECT: RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF THE PROPERTY PURCHASE AGREEMENT WITH THE GILARDI 2006 TRUST FOR THE PURCHASE OF A PORTION OF PROPERTY LOCATED ON 3301 KERNER BOULEVARD FOR RIGHT OF WAY IMPROVEMENTS ASSOCIATED WITH THE HIGHWAY 580/101 CONNECTOR PROJECT FUNDED BY THE TRANSPORTATION AUTHORITY OF MARIN (TAM) AND ACCEPT GRANT DEED. RECOMMENDATION: Staff recommends that the City Council adopt Resolution. BACKGROUND: In connection with the Highway 580/101 Connector Project, the State of California's Department of Transportation and the City of San Rafael's Public Works prepared construction plans and specifications for competitive bid involving frontage improvements on Bellam Boulevard (Kerner to Francisco Blvd. East) and Francisco Blvd. East (Bellam to Vivian). This project will provide frontage improvements such as widening the sidewalk on the north side of Bellam Boulevard to 8'— 10' for public use. The project is funded by the Transportation Authority of Marin and construction is anticipated to commence in the Summer of 2010. Prior to commencement of the project and to accommodate the improvements, the City is required to acquire a narrow 4' wide strip of property on the north side of Bellam Boulevard, from Belvedere Street to Kerner Boulevard, from 3301 Kerner Boulevard owned by the Gilardi 2006 Trust. The purchase of the property is necessary to accommodate the proposed right-of-way improvements on Bellam Boulevard. Associated Right of Way Services, Inc. was hired by the City to appraise the value of the property in fee simple interest. FISCAL IMPACT: In the proposed Property Purchase Agreement, the city agrees to pay Gilardi 2006 Trust in the amount of thirty-seven thousand and six hundred dollars ($37,600.00) for the acquisition of the 651 square foot of property and all escrow, recording and title insurance charges, which is estimated to cost no more than FOR CITY C File No.: Council Meeting: Disposition: two thousand dollars ($2,1 2009/2010 account #11136. OPTIONS: The purchase will be funded by Miscellaneous Right of Way 1. Staff recommends adoption of the resolution approving the Purchase Agreement for the property and acceptance of the Grant Deed. 2. Council may reject staff recommendation and direct staff to delete the sidewalk widening on Bellam in the vicinity of 3301 Kerner Blvd. ACTION REQUIRED: Adopt Resolution Enclosures: (3): 1. Resolution 2. Copy of Property Purchase Agreement (Exhibit I to Resolution) 3. Copy of Grant Deed (Exhibit II to Resolution) RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF THE PROPERTY PURCHASE AGREEMENT WITH THE GILARDI 2006 TRUST FOR THE PURCHASE OF A PORTION OF PROPERTY LOCATED ON 3301 KERNER BOULEVARD FOR RIGHT OF WAY IMPROVEMENTS ASSOCIATED WITH THE HIGHWAY 580/101 CONNECTOR PROJECT FUNDED BY THE TRANSPORTATION AUTHORITY OF MARIN (TAM) AND ACCEPT GRANT DEED. WHEREAS, public interest, convenience and welfare require that the property hereinafter mentioned owned by the Gilardi 2006 Trust be purchased and used for the benefit of the public of the City of San Rafael, California; NOW, THE, BE IT RESOLVED by the Council of the City of San Rafael that the Mayor is authorized to execute the Property Purchase Agreement between the Gilardi 2006 Trust and the City of San Rafael, a copy of which is attached hereto, marked as Exhibit "I", and incorporated herein by this reference; and IT IS FURTHER RESOLVED by the City Council of the City of San Rafael to accept the Grant Deed from the Gilardi 2006 Trust to the City of San Rafael, a copy of which is attached hereto, marked as Exhibit "11", and incorporated herein by this reference. I, ESTHER C. BEIRNE, 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 Council of said City on the 7th day of December, 2009, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ESTHER C. BEIRNE, City Clerk File: 16.01.248 CITY OF SAN RAFAEL PROPERTY PURCHASE AGREEMENT This Agreement is entered into this _ day of December, 2009, by and between DENNIS A. GILARDI AND SUSAN JOHANN GILARDI, TRUSTEES, GILARDI 2006 TRUST DATED APRIL 10, 2006 ("GRANTOR") and the CITY OF SAN RAFAEL, a Charter City ("CITY"). WHEREAS, the CITY desires to acquire the real property described and depicted in Exhibits "A" and "B" attached hereto ("Property') in fee title in connection with the CITY's construction of improvements in the project known as Bellam Boulevard Sidewalk Improvements Project; and WHEREAS, GRANTOR is willing to convey the Property to the City in fee title in connection with the aforementioned CITY project; and WHEREAS, as more fully set forth in the Memorandum dated May 21, 2009, attached hereto as Exhibit "C", the CITY's Community Development Department has determined and represented to GRANTOR that the CITY's acquisition of the Property hereunder will not affect the legal nonconforming status under the City's zoning ordinance of (1) the existing 24,526 square -foot structure on the GRANTOR's parcel since it is an alteration that will not result in any increase in the already existing discrepancy of floor area ratio (FAR) limits or intensification of use on the parcel, or (2) the existing 75 parking spaces on the GRANTOR's parcel since it will only reduce the depth of one parking space by 1 foot (to 17 feet), a change which the CITY's Traffic Engineer has found will not impact the use of the space. NOW THEREFORE, the parties agree as follows: 1. Escrow. Stewart Title of California, with offices at 700 Irwin Street, Suite #203, San Rafael, is designated to conduct the escrow for the purchase of the Property. CITY shall pay all escrow, recording and title insurance charges, if any, incurred in this transaction. 2. CITY Payment. CITY shall pay the sum of Thirty Seven Thousand Six Hundred and NO/100 Dollars ($37,600.00) for fee title interest in the Property to Stewart Title of California for the account of the GRANTOR, conditioned upon the Property vesting in the CITY free and clear of all liens, leases, encumbrances (recorded or unrecorded), assessments and taxes except any exceptions to title which are acceptable to CITY as said exceptions are identified in the title report relating to the Property issued by California Land Title of Marin (Stewart Title of California's predecessor) dated June 9, 2008, and I EXHIBIT "P' any updates thereof. Clearing of any title exceptions not acceptable to CITY is the responsibility of GRANTOR. 3. Grant Deed. GRANTOR shall deposit into escrow a Grant Deed in a form satisfactory to CITY conveying fee title interest in the Property to CITY within ten (10) calendar days after CITY has deposited into escrow a copy of the executed Agreement and a check for the amount specified in Paragraph 2 for purchase of the Property. 4. Deductions to Satisfy Liens and Other Obligations; Reconveyances and Subordinations. CITY may authorize Stewart Title of California to deduct and pay from the amount shown in Paragraph 2 above any amount necessary to satisfy any liens, bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid non delinquent assessments, which may have become a lien at the close of escrow on the Property. Current taxes, if unpaid, shall be segregated and prorated as of the close of escrow and paid from the amount shown in Paragraph 2 above. Close of escrow for this transaction shall be contingent upon Stewart Title of California receiving deeds of partial reconveyance and/or Subordination Agreements from any deed of trust or mortgage holder trustees and beneficiaries as well as quitclaim deeds from any lessees in possession. GRANTOR agrees to cooperate and reasonably assist CITY in the securing of any partial reconveyances, Subordination Agreements or quitclaim deeds. 5. Mortaaae and Deed of Deed of Trust Pavments If this Property is secured by a mortgage(s) or deed(s) of trust, GRANTOR is responsible for payment of any demand under authority of said mortgage or deed of trust out of GRANTOR's proceeds necessary to obtain a partial reconveyance of said mortgage or deed of trust. Such amounts may include, but not be limited to, payments of unpaid principal and interest. 6. Escrow Instructions. GRANTOR hereby authorizes CITY to prepare and file escrow instructions in accordance with this Agreement on behalf of both parties. GRANTOR will be provided with a copy of CITY'S escrow instructions by Stewart Title of California prior to close of escrow. 7. Hazardous Wastes. GRANTOR hereby represents and warrants that during the period of GRANTOR'S ownership of the property, GRANTOR has no knowledge of any disposals, releases or threatened releases, hazardous substances or hazardous wastes 2 on, from, or under the Property. GRANTOR further represents and warrants that GRANTOR has no knowledge of any disposal release, or threatened release of hazardous substances or hazardous wastes, on, from, or under the Property which may have occurred prior to GRANTOR taking title to the Property. The acquisition price of the Property reflects the fair market value of the Property without the presence of contamination. If the Property being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal, State or local law or ordinance, CITY may elect to recover its cleanup cost from those who caused or contributed to the contamination. 8. Right of Possession. It is agreed and confirmed by the parties hereto that, notwithstanding the other provisions in this Agreement, the right of possession and use of the Property by the CITY, including the right to remove and dispose of improvements, shall commence on November 17, 2009 and that the amount shown in Paragraph 2 herein includes, but is not limited to, full payment for such possession and use, including interest and damages if any, from said date. 9. Binding on Successors and Assigns: This Agreement shall be binding on and inure to the benefit of the respective heirs, successors and assigns of the parties to this Agreement. 10. Lease Warranty and Quitclaim Deeds. GRANTOR warrants that there are no oral or written leases or subleases on all or any portion of the Property identified and depicted in Exhibits "A" and "B" exceeding a period of one (1) month at the time of signature of this Agreement and GRANTOR further agrees to hold the CITY harmless and reimburse CITY for any and all of the losses and expenses occasioned by reason of any lease or sublease of said Property held by any tenant of GRANTOR. 11. Approval of CITY. GRANTOR understands that following execution of this Agreement by GRANTOR, the Agreement is subject to the approval by the City Council of the City of San Rafael. 12. Authority to Sign. The signatories to this Agreement represent and warrant that they are authorized to enter into this Agreement, and that no other authorizations are required to implement this Agreement on behalf of GRANTOR. 91 13. Entire Agreement. The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for the Grant Deed and shall relieve the CITY of all further obligations or claims on this account or on account of the location, grade, construction or operation of the CITY improvements in connection with the project known as the Bellam Boulevard Sidewalk Improvements Project. 14. Counterpart Signatures. This Agreement may be executed in counterparts, each of which shall be an original, but all counterparts' signatures shall constitute one (1) agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written herein below. CITY OF SAN RAFAEL BY: ALBERT J. BORO, MAYOR ATTEST: ESTHER C. BEIRNE, CITY CLERK APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorney A! DENNIS A. GILARDI and SUSAN JOHANN GILARDI, TRUSTEES, GILARDI 2006 TRUST DATED APRIL10, 2006 BY: DE A. GIL , R BY: SUSAN JOHAN ILARDI, TRUSTEE EXHIBIT A A portion of Parcel 2 of that certain Parcel Map recorded in Book 18 of Parcel Maps, Page 82 Marin County Records, located in the city of San Rafael, County of Marin, State of California, described as follows: BEGINNING at the easterly terminus of the general southerly boundary line of said Parcel 2, shown on said Parcel Map as "N 70005'36" E 146.50' '; thence along said general southerly boundary line also being the northerly right of way line of Bellam Boulevard, the following two (2) courses: 1. South 70005'36" West, 146.50 feet to the beginning of a curve to the right having a radius of 20.00 feet, 2. thence along said curve through a central angle 61°59'11" an arc distance of 21.64 feet, said curve being subtended by a chord which bears North 78054'50" West, 20.60 feet; thence leaving said southerly boundary line North 76002'42" East, 5.67 feet; thence South 67007'03" East, 1.76 feet to the beginning of a curve to the left having a radius of 20.00 feet; thence along said curve through a central angle of 42047'21" an arc distance of 14.94 feet, said curve being subtended by a chord which bears South 88030'43" East, 14.59 feet; thence North 70005'36" East, 143.53 feet to the beginning of a curve to the left having a radius of 18.00 feet; thence along said curve through a central angle of 48049'08" an arc distance of 15.34 feet, said curve being subtended by a chord which bears North 45041'02" East, 14.88 feet to a point on said general southerly boundary line; thence North 63043'51" East, 3.95 feet to a point on said general southerly boundary line of said parcel, also being the beginning of a non -tangent curve to the right having a radius of 20.00 feet; thence along said curve through a central angle of 60°17'11" an arc distance of 21.04 feet, said curve being subtended by a chord which bears South 39°57'01" West, 20.09 feet to the POINT OF BEGINNING. Containing 649 square feet, more or less. Shown on Exhibit B attached hereto and made a part hereof. The Basis of Bearings of this description is identical to said Parcel Map recorded in Book 18 of Parcel Maps, Page 82 Marin County Records. ' MICHAEL E. BAIL . to')` LS 4738 . )I Sol n EXHIBIT "A" GRAPHIC SCALE0 20 1 �40 80� ` ( IN FEET) 1 \ I Inch - 40 IL LEGEND: \ (R) RADIAL BEARING \ PARCEL 2 98 PM 82 S8p t 35» R A=48'49'08' A=47'21" L=15.34 1=14.14.94' R=1.8.00 R=20.00' / Sgt 0>• h� 5� � 57.) 2l 0 i „ .4Z-t./N%p5 g6k Sp �PR�NGS m' \ ..o ' 053 BpS15 OF 6 Q A=61'59'11" L=21.64' �m \ R=20.00' MICHAEL E BANE' LS 4736 EXP. 9/30/2009 MM 1� m 0 A=60.17'11' L= 21.04' R=20.00' 1 / � 1 POINT OF BEGINNING EXHIBIT "B" DATE: May 21, 2009 Community Development Department INTER -DEPARTMENTAL MEMORANDUM TO: Nader Mansourian, Assistant Public Works Director FROM: Raffi Boloya� SUBJECT: 3301 Kerner Blvd— Implications of Reduced Land Area for a Lot with Legal Non -Conforming Floor Area The Planning Division has reviewed the potential implications of the Department of Public Works acquisition of approximately 650 sq ft of land area from the property at 3301 Kerner Blvd (APN 008-082-46). The acquisition is necessary for the completion of a pedestrian and mobility improvement project. BACKGROUND: The existing 40,407 square foot site hosts a 24,526-square=foot building (excluding 8,662 _Sq: ft garage which is not counted as floor area). The building was completed in November 1984 and predated the current floor area ratio (FAR) limits contained in the General Plan and Zoning, Ordinance. The existing FAR for the site is 0.61, which exceeds the current standard of 0.22 for office uses in this area of East San Rafael. Given that the building was built prior to the adoption of the current floor area ratio limits, the structure is considered legal, non -conforming in terms of FAR. The original building was built with 75 parking spaces. Under current regulations, a 24,526 sq ft office building would require 98 spaces (based on a 1/250 sq ft rate). The proposed reduction in land area would not reduce the number of spaces existing on the site, but would reduce the depth of one (that closet to Bellam Blvd) on-site parking space by approximately 1 foot to 17 feet in depth, where the current standards require 19 feet deep. ANALYSIS: Floor Area Ratio: The proposed acquisition of 650 sq feet would further reduce the land area for this site, thereby increasing the already legal non -conforming FAR for the site. The question is whether the reduction of the land area (and therefore corresponding increase in FAR) would affect the legal non conforming status of this structure and the development rights attached to the site, and if so, how. Section 14.16.270.0 of the Zoning Ordinance addresses the regulations pertaining to non conforming structures. Subsection 2 states "Alterations and additions may be made to a nonconforming structure provided that there shall be no increase in the discrepancy between existing conditions and the standards for the district." After a review of this section, the Planning Division finds: • The land area that would be lost from this site would of -way. be transferred the public right - EXHIBIT "C" Nader Mansourian: Re: 3301 Kerner Blvd May 21, 2009 Page 2 • The public right-of-way does not have development potential which would increase as a result of the additional land area. • The increase FAR does not change existing size of the structure, nor does it allow increased development potential on another property. • The primary purpose of a FAR is to regulate traffic intensity and transferring of the land area to the public right of way would not transfer the development potential to another private property. • Therefore, the change to the FAR by the city acquisition of this land area is found to be an alteration that would not result in any increase in the already existing discrepancy of FAR limits or intensification of use, and is therefore allowed. Consequently, if the structure were damaged in the future by natural disaster, the structure would be allowed to be rebuilt based on the lot size before the City acquisition and at the current FAR of 0.61 before the city acquisition as follows: Section 14.16.270.0.4 - A nonconforming structure damaged or destroyed to the extent of seventy-five percent (7591o) or less of the current market value may be repaired or replaced in its existing location, provided such restoration is started within a period of one (1) year and is diligently prosecuted to completion. Section 14.16.270.C.6 - All other nonconforming structures damaged or destroyed to the extent of more than seventy-five percent (75%) of the current market value may be repaired or replaced provided a use permit is obtained for such restoration within a period of one (1) year, restoration is diligently prosecuted to completion and the structure is made to conform to all regulations of the district in which it is located, or, to the original condition provided that a use permit is issued by the planning commission after finding that: a. The parking is consistent with Chapter 14. 18, Parking Standards, and the design is compatible with the neighborhood in which it is located. b. In the commercial, office, mixed-use or industrial districts, no intensification of use is proposed. However, the treatment of a legal nonconforming structure is different under the Zoning Ordinance when it is removed voluntarily. In such a case, any new structure on the site would have to comply with development regulations in effect at the time of replacement, regardless of the legal, non -conforming status. Thus, if the property owners here were to voluntarily remove and replace the building right now, they would be limited to the 0.22 FAR that is the standard for this zone. The result would be the same after the City's purchase of the 650 sq ft-- if the property owners were to voluntarily remove and rebuild the building on this site, they would be limited to the 0.22 FAR. This requirement is not unique to this particular case nor is it a result of the City acquisition. This is a standard requirement that would be required or imposed on any non-residential building in the City that does not comply with current development standards and is voluntarily removed and then proposed to be built. In summary, the diminution in lot size as a result of the City's purchase of 650 sq ft will not change the property owners' rights to rebuild, whether the building is removed involuntarily by accident or natural disaster, or voluntarily. Nader Mansourian: Re: 3301 Kerner Blvd May 21, 2009 Page 3 Parking: The City acquisition would not reduce the number of on site spaces, but would only reduce the depth of one space by 1 foot (to 17 feet). The City traffic Engineer has reviewed this and found that the reduction would not impact the use of the space. SUMMARY The building on this site is considered legal non -conforming in terms of both FAR and parking. Given that this is a City acquisition, the purpose of this memo is to identify that in case of natural disaster to damage to the structure, the property will not lose its legal non conforming rights and they would continue to be applied as if the 650 sq ft acquisition did not occur. RECORDING REQUESTED BY: Stewart Title of California. WHEN RECORDED MAIL TO AND MAIL TAX STATEMENTS TO: City of San Rafael P. O. Box 15160 San Rafael, CA 94915-1560 ORDER NO. 3602-161092 ESCROW NO. 4622-161092 APN. 8-08246 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED THE UNDERSIGNED GRANTOR(s) DECLARE(s): DOCUMENTARY TRANSFER TAX is: CITY TAX ❑ Monument Preservation Fee is: O computed on full value of property conveyed, or ❑ computed on full value less value of liens or encumbrances remaining at time of sale. ❑ Unincorporated area: O City of San Rafael, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Dennis A. Gilardi and Susan Johann Gilardi, Trustees, Gilardi 2006 Trust dated April 10, 2006 hereby GRANT(S) to City of San Rafael the following described real property in the, County of Marin, State of California: See "Exhibit "A" and Exhibit `B" attached hereto and made a part hereof WITNESS my hand and official seal. Signature�— MAIL TAX STATEMENTS AS DIRECTED ABOVE (Seal) EXHIBIT "II" A portion of Parcel 2 of that certain Parcel Map recorded in Book 18 of Parcel Maps, Page 82 Marin County Records, located in the city of San Rafael, County of Marin, State of California, described as follows: BEGINNING at the easterly terminus of the general southerly boundary line of said Parcel 2, shown on said Parcel Map as "N 70005'36" E 146.50' "; thence along said general southerly boundary line also being the northerly right of way line of Bellam Boulevard, the following two (2) courses: 1. South 70°05'36" West, 146.50 feet to the beginning of a curve to the right having a radius of 20.00 feet, 2. thence along said curve through a central angle 61059'11" an arc distance of 21.64 feet, said curve being subtended by a chord which bears North 78°54'50" West, 20.60 feet; thence leaving said southerly boundary line North 76°02'42" East, 5.67 feet; thence South 67007'03" East, 1.76 feet to the beginning of a curve to the left having a radius of 20.00 feet; thence along said curve through a central angle of 42°47'21" an arc distance of 14.94 feet, said curve being subtended by a chord which bears South 88°30'43" East, 14.59 feet; thence North 70°05'36" East, 143.53 feet to the beginning of a curve to the left having a radius of 18.00 feet; thence along said curve through a central angle of 48049'08" an arc distance of 15.34 feet, said curve being subtended by a chord which bears North 45041'02" East, 14.88 feet to a point on said general southerly boundary line; thence North 63043'51" East, 3.95 feet to a point on said general southerly boundary line of said parcel, also being the beginning of a non -tangent curve to the right having a radius of 20.00 feet; thence along said curve through a central angle of 60017'11" an arc distance of 21.04 feet, said curve being subtended by a chord which bears South 39°57'01" West, 20.09 feet to the POINT OF BEGINNING. Containing 649 square feet, more or less. Shown on Exhibit B attached hereto and made a part hereof. The Basis of Bearings of this description is identical to said Parcel Map recorded in Book 18 of Parcel Maps, Page 82 Marin County Records. y(MKMEL E. BAIL �09 LS 4738 EXP. (�`Za 919�+�oi tri. ,.,. EXHIBIT "A" GRAPHIC SCALE 0 20 40 80 IN FEET \ f inch = 40 ft. LEGEND: \ (R) RADIAL BEARING \ PARCEL 2 18 PM 82 380 i 6=48'49'08" A=42'47'21" L=15.34•.^ L= R=18.0 S6j�2.03" R=20.0020.00 ' 0 0'�b��g PN g2i s)F ji3Ocj 366 96 i PRVNGS .o `S�p 053 BpS1S Of G pA=61'59'11" L=21.64'`' �m \ R=20.00• �NI gLV MICHAEL E BAILE` LS 4736 EXP. 9/30/2009 mm A=60.17'11" L=21.04' R=20.00' POINT OF BEGINNING EXHIBIT `B" 11/06/2009 16:01 FAX 415 485 9109 CITY ATTORNEY/SAN RAFAEL RECORDING REQUESTED, ARID WHEN RECORDED, RETURN TO: ESTHER C. BEIRNE, City Clerk City of San Rafael 1400 Fifth Avenue F. O. Box 151560 San Rafael, CA 94915-1560 SPACE ABOVE THIS LINE FOR RECORDER'S USE CERTIFICATE OF ACCEPTANCE The City of San Rafael hereby accepts the Grant Deed from Dennis A. Gilardi and Susan Johann Gilardi, Trustees, Gilardi 2006 Trust Dated April 10, 2006, owners of property at 3301 Kerner Boulevard, San Rafael, California 94901 (APN 008-082-46) dated A copy of the Grant Deed is attached hereto and incorporated herein. a 067 Resolution No. authorizing the Mayor and City Clerk to execute the Certificate of Acceptance, was adopted by the City Council on 2009. DATED: ATTEST: ESTHER C. BEMNE, City Clerk CITY OF SAN RAFAEL ALBERT J. BORO, Mayor U:\A11.Files\Abandonment- Land Acquisition- Easement\Highway 580-101 HOV Lane Gap Closure-Gira—rdi 2008 -Tr dit ~