No preview available
HomeMy WebLinkAboutCA Sale of Yacht Harbor PropertyCity Clerk May 4. 1955 Mry Morton Ho Coivin Attorney at Law 103 Tunstead Avenue San Anselmo, California Dear Mr. Colvins Enclosed are certified copies of the following Leases: City of San Rafael to United States of America (Coast Ouard Lease) City of San Rafael to San Rafael Yacht Club These are mailed to you for delivery to your clients the purchasers of ""?ie. `Yaci).t ,arbor Yronerty in accordance with telephone conversation with ::r. ►iale�r City Attorney. WLM a rb Encl. Very truly yours y City Clerk I. =I '�%,115�7Fils too. ......... �.�' �.�_.�.......................w �C�� 00, Cn7'i.,161 b NOTICE INVITING SEALED IDID"S 'bR PROPOSALS FOR THE PURCHASE. OF MUNICIPALLY OWNED PROPERTY IN THE CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA By Order of the City Council of the City of San Rafael, California, NOTICE is hereby given that on Monday, the 22nd day of March, 1954, at the hour of eight o'clock p. m., at the Council Chambers of said City Council in the City Hall on "A" Street between Fourth and Fifth Streets, San Rafael, California, said City Council will publicly open, examine and de- clare all sealed bids or proposals for the purchase from said City of those certain lots or parcels of land in the City of San Rafael, and being more particularly de- scribed as follows. to wit: PARCEL ONE (Westerly Portion) B'SGINNING at tht point d7 intersection of the Easter yi line of Grand Avenue and !the outheily line of Third Street, running thence Southerly along the East- erly line of said Grand Avenue and its extension southerly 434.00 feet more or less to the Northerly line of the San Rafael Canal •gas de- scribed in deed from the San Ra- fael Development Company to the City of San Rafael recorded April 14, 1934 in Liber 213 of Official Records at page 315, thence along gaid line S 76' 30' 30" E 701.87 feet more or less to the Easterly line of Union Street if extented Southerly to its intersection with the Northerly line of said Canal "thence along said line N 15' 19' Ei, 354.3 feet more or less to 'the' -EG"atherly line of Third Street; ',hence Westerly a cng Raid line 774.00 feet more" or less to the point of beginning. SUBJECT to an Easement for 71,-; ni p f)'J:pQ$oS 07rTr R ::trio Of land 10 feet :n width lyir. , West- ter)y adjacent to and parallel with 'the Easterly line of the above de- scribed parcel. PARCEL TWO (Easterly Portion) BE'GrN,NLNG at a uoint in the Southerly litre of Third Street 4vhieh Eai(l lire wou,10 be utiassect- ed by the Easterly line of Uhioh Street if extended Southerly "across said Third Street: running thenee S 15' 19' W 354.3 feet along a con- tinuation of sala Easterly line -of Union Street to the Northerly litre of San Rafael Canal as described in that certain deed from S. K. Herzog Company and M. F. Coch- rane, et ux to the City of San Rafael and recorded March 10, 1920 in Vdlume 211 of Deeds at page 440, running thence along said line S 76, 30' 30" E 300.00 feet more or less to the Easterly line of .that certain parcel conveyed by deed from S. K. Herzog :anti Company. Alice 'Cochrane to the City of San Rafael recorded Augg- ust 27, 1943 in Liber 452 of Offi- cial Records at ape 107. thence along said line Nplo° 19' E 292.37 feet more or less to a point oil the Southerly line of Third Street, said point being the most Easterly corner of the parcel described secondly in the above lastly re- ferred to deed, thence Westerly along the said Southerly line of Third Street 301�00 feet more or less to the point df beginning. Said property'is not actually re- quired in the performance of a public function. No bid will be considered unless accompanied by Cash, -Cashier's or Certified Check in the.amount Of not less than one-half (''D ,of one percent (1%) of the bid pur- chase price. TERMS 'F SALE Said sale, if made, will be for cash or upon terms as is deter- mined by said City Council to. be the best upon the bids made. Each parcel may be bid upon ,and sold separately or the two parcels may. be bid upon and: sold �as one piece upon " a single bid. All expenses of whatsoever bind, or nature of any such sale shall be borne by purchaser, except the costs of required legal publications and ccsfz of the deal or deeds, if any. Said City Council reserves the the right to reject any or all bids. tS Byl order of the City Council. W. LYNN MORGAN, City ,Clerk. No. 1,10—Feb. w., Mr. 8, ±0511 NOTICE INVITING SEALED BIDS OR PROPOSALS FOR THE PURCHASE OF MUNICIPAaLY OWNED PROPERTY IN THE CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA By Order of the City Council of the City of San Rafael, California, NOTICE is hereby given that on Monday. the 22nd day of March, 1954, at the hour of eight o'clock p. in.. at the Council Chambers of said City Council in the City Hall on "A" Street between Fourth and Fifth Streets, San Rafael, California, said City Council will publicly open, examine and de- clare all sealed bids or proposals for the purchase from said City of those certain lots or parcels of land in tine City of San Rafael, and being more particularly de- scribed as follows, to wit: PARCEL ONE (Westerly Portion) BEGINNING at the point of intersection of the Easterly of Grand Avenue and the Southerly line of Third Street, running thence Southerly along the East- erly line of said Grand Avenue and its extension southerly 434.00 feet more or less to the Northerly line of the San Rafael Canal as de- scribed in deed from the San Ra- fael Development Company to the City of San Rafael recorded April 14, 1934 in Liber 213 of Official Records at page 315, thence along said line S 76' 30' 30" E 701.87 feet more or less to the Easterly line of Union Street if extended Southerly to its intersection with the Northerly line of said Canal, thence along said line N 15° 19' E 354.3 feet more or less to the Southerly line of Third Street, thence Westerly along said line 774.00 feet more or less to the point of beginning. SUBJECT to an Easement for Drainage purposes over a strip of land 10 feet in width lying West- terly adjacent to and parallel with the at line of the above de- scribed parcel. PARCEL TWO (Easterly Portion) BEGINNING at a point in the SFu;,,cAy 1!r'c al Llhizi S:eet which said line would be iritorsect- ed by the Easterly line of Union Street if extended Southerly across. said Third Street: running thence fS 15' 19' W 3b4.3 feet along a con- tinuation of sata Easterly line of Union Street to the Northerly line of San Rafael Canal as described in that certain deed from S. K. Herzog Company and M. F. Coch- rane, et ux to the City of San Rafael and recorded March 1% 1920 in Volume 211 of Deeds art page 440, running thence along said line S 76, 30' 30" E 300.00 feet more or less to the Easterly lint of that certain parcel conveyed by deed from S. K. Herzog mid Company, Alice Cochrane to the City of San Rafael recorded Aug- ust 27, 1943 in Liber 452 of Offi- cial Records at page 107, thence along said line N 15, 19' E 292.37 feet more or less to a point on the Southerly line of Third Street, said point being the most Easterly corner of the parcel described secondly in the above lastly re- ferred to deed, thence Westerly along the said Southerly line of Third Street 301.00 feet more or less to the point of beginning. Said property is not actually re- quired in the performance of a public function. No bid will be considered unless accompanied by Cash, Cashier's or Certified Check in the amount of not less than one-half (1,D of one percent (1%) of the bid pur- chase price. TERMS OF SALE Said sale, if made, will be for cash or upon terms as is deter- mined by said City Council to be the best upon the bids made. Each parcel may be bid upon and sold separately or the two parcels may be bid upon and sold as one piece upon a single bid. All expenses of whatsoever kind or nature of any such sale shall be borne by purchaser. except the costs of required legal publications and costs of the deed or deeds, if any. Said City Council reserves the the right to reject any or all bids. By order of the City Council. (SEAL) W. LYNN MORGAN, tic. 140—r eo. 24, .4u1'. 3, !K4 0 AGREEMENT FOR SALE AND PURCHASE OF REAL PROPERTY, OWNED BY THE CITY OF SAN RAFAEL, KNOWN AS THE SAN RAFAEL YACHT HARBOR �V f 4�$ a THIS AGREEMENT, made in duplicate this _ day of January, 1955, by and between CITY OF SAN RAFAEL, a Municipal Corporation, hereinafter called "City", and HARBOR DEVELOPMENT COMPANY, a California corporation, hereinafter called "Company", W I T N E S S E T H: That for and in consideration of the mutual undertakings of the parties hereto and upon the terms and conditions herein contained, City agrees to sell and convey to Company, and Company agrees to buy from City, the following described real property situate in the City of San Rafael, County of Marin, State of California, and described as follows, to wit: PARCEL ONE (Westerly Portion) BEGINNING at the point of intersection of the Easterly line of Grand Avenue and the Southerly line cof Third Street, running thence Southerly along the Easterly line of said Grand Avenue and its extension Southerly 434.00 feet more or less to the Northerly line of the San Rafael CanrLl as desc-,ribed in deed from the San Rafael Development Company to the City G of San Rafael recorded April 14, 1934 in Liber 213 of Official Records at page 315, thence along said line S 760 301 E 701.67 Feet more or less to the East- erly line of Union Street if extended Southerly to its intersection with the Northerly lire of said Canal, thence along; said line N 150 19' E 354.3 feet more or less to the Southerly lire of Third Street, thence Westerly along said line 774.00 feet more or less to the point of beginning. SUBJECT to an Easement for Drainage purposes over a strip of land 10 feet in width lying Westerly adjacent to and pare.11el with the Easterly line of the above described parcel. PARCEL TWO (Easterly Portion) BEGINNING at a point in the Southerly line of Third Street which said line would b/eintersected by the HAROLD JOS. HALEY CITY ATTORNEY CITY OF BAN nAFAEL 1010 B STREET l O SAN RAFAEL, CALIF. 1 TELEPHONE GLENWOOD 9-4388 Easterly line of Union Street if extended Southerly across said Third Street: running thence S 150 19► W 354.3 feet along a continuation of said Easterly line of Union Street to the Northerly line of San Rafael Canal as described in that certain deed from S. K. Herzog Company and M. F. Cochrane, et ux to the City of San Rafael and recorded March 10, 1920 in Volume 211 of Deeds at page 440, running thence �► along said line S 760 301 30" E 300.00 feet more or less to the Easterly line of that certain parcel conveyed by deed from S. K. Herzog and Company, Alice Cochrane to the Cit of San Rafael recorded August 27, 1943 in Liber 52 of Official Records at page 107, thence along said line N 150 191 E 292.37 feet more or less to a point on the Southerly line of To ,. ,,d Street, said point being the most Easterly corner of the parcel described secondly in the above lasl,l;T referred to deed, thence Westerly along the said Southerly line of Third Street 301,00 feet more or less to the point of beginning. The terms and conditions hereinabove referred to are as follows: 1. The total purchase price which shall be paid by Company to City for said property is the sum of ONE HUNDRED FIFTY THOUSAND FIVE HUNDRED 4150,500.00) DOLLARS( -cash, in lawful money of the United States of America, of which amount the sum of TEN THOUSAND ($10,000,00) DOLLARS has been deposited by Company with City., the balance thereof to be paid by Company to City in like cash on or before the expiration of one hundred and twenty (120 ) days froiw _. _.January ,1Ol-; :1955; ' �7;, C Y, 2. The sale and purchase of said property is, and sball, be, expressly made and taken subject to the provisions of existing leases covering the said property, or any portion thereof, or any building or structure thereon; subject, also, to municipal zoning restrictions; and subject, also, to ease- ments therein or thereon of record as of January-104-,1955;, the existing leases with respect to said property, or portions thereof, are the following: (a) lease between the City of San Rafael, as Lessor, and Flotilla No. 114., U. S. Coast Guard Auxiliary, a non-profit corporation, as Lessee, which is dated HAROLD JOS. HALEY CITY ATTORNEY 2 : CITY OF BAN RAFAEL 1010 B STREET SAN RAFAEL, CALIF. TELEPHONE GLENWOOD 3.4383 May 5, 1948; (b) lease between the City of San Rafael, as Lessor, and San Rafael Yacht Club, a non-profit corporation, as Lessee, dated July 21, 1947; 3. The total purchase price shall be net to City; the commission or compensation, if any, of David G. Cohn, real estate broker, or that of any broker or agent arising out of the sale and purchase of said property shall be wholly paid by Company, and City shall not be liable for any thereof; 4. In the event the title to said property shall not prove marketable and the City shall not perfect the same within ninety (90) days from and after the effective date of the ordinance, hereinafter referred to, providing for the sale of said property, the Company shall have the option of demanding and receiving back so much of the purchase price as shall have been paid to City and shall be released from all obligation hereunder; 5. Company shall not assign its rights and obligations hereunder in whole or in part without the written consent of City, and any and all attempted assignments, whether by opera- tion of law or otherwise, without such written authorization first had and obtained shall be wholly void and of no effect; 6. If the improvements on said property are destroyed or materially damaged between the date hereof and the consuma- tion of the sale and purchase of said property by the delivery of the deed herein provided for and the payment of the full purchase price, the rights and obligations of City and Company shall not be thereby affected in any way, except that the aforesaid purchase price shall be reduced by the amount of any insurance proceeds received by City on account of such damage or destruction; 7. The premiums for policies of insurance maintained HAROLD JOB. HALEY CITY ATTORNEY CITY OF BAN RAFAEL 1010 B STREET SAN RAFAEL, CALIF. TELEPHONE GLENWOOD 3.4333 3. by City upon the said property, or any portion thereof, shall, if the policies are acceptable to Company, be pro- rated from the date of the delivery of said deed and the full payment of the purchase price; and all berthing rentals paid to City, or accruing, prior to said last mentioned date shall belong to City; 8. Upon full performance by the Company of all terms and conditions herein set forth on its part to be performed, City shall deliver to Company a good and sufficient deed con- veying said property to Company in accordance with the terms hereof. Evidence of title to be in the form of a policy of title insurance issued through Marin Title Guaranty Company of San Rafael, California, to be furnished and paid for by Company; 9. The performance by the Company of all of the terms hereof is a condition precedent to the obligation of the City to perform the agreements on its part. In the event of the failure of Company to , comply with any of the covenants and agreements, or any part thereof, on its part entered into, the City, without notice to the Company, shall be relieved from all obligations in law or in equity hereunder, and the Company shall forfeit all rights under the terms hereof, and the City shall be entitled to the immediate possession of the said property in the event Company has been let into posses- sion; 10. The Company shall pay to City a reasonable attorneys fee in the event that suit be brought for the recovery of possession of the said property, or for the enforcement or breach of any of the terms hereof, or to clear from the record title of said property the terms hereof, or any lien created r suffered against said property by Company. Said attorneyis HAROLD JOS. HALEY CITY ATTORNEY CITY OF BAN RAFAEL 1010 0 STREET SAN RAFAEL, CALIF. TELEPHONE GLENWOOD 8-4383 fee shall be due and payable at the time of filing action; however, the amount thereof shall be fixed by the Court in which any such action is commenced; 11. In the event Company shall fail to pay to City the balance of said purchase price or complete the purchase of said property as herein provided, all sums paid to City under the terms hereof shall be retained by City, which amount shall be presumed to be the amount of damage sustained by City for such failure, or breach hereof, since, from tha nature of the case, it would be impracticable or extremely difficult to fix the actual damage; 12. In the event that the going into operation of any ordinance passed by the City Council of City on or about the date hereof be suspended by petition presented to said City Council under the provisions of Section 2 of Article V of the Charter of City, then the rights and obligations of Company and City hereunder shall remain in status quo as herein set forth pending the final determination of the proceedings under said Section of said Article and all applicable provisions of said Charter; and in the event that the performance of any act undertaken by City to be performed hereunder is, in the first instance, prevented by litigation initiated for that purpose, then the rights and obligations of Company and City hereunder shall remain in status quo as herein set forth pending the final determination of such litigation; 13• Except as hereinabove set forth, time is the essence of this transaction, but the time for any act required here- under may, for sufficient cause, be extended not longer than thirty (30) days by the City Council of City; 14. This agreement to be executed by Company and on behalf of City by officers thereof, thereunto duly authorized, HAROLD JOS. HALEYpon the passage by the City Council of City of an ordinance CITY ATTORNEY OF SAN RAFAEL ALBERT BUILDING 1010 B STREET SAN RAFAEL, CALIF. TELEPHONE S. R. 6400 providing for the sale of said. property to company upon the terms and conditions herein contained, approving this agreement and authorizing its execution on behalf of City, EXECUTED the day and year first above written for Company and for City by officers thereof, respectively, authorized so to do. HARBOR DEVELOPMENT COMPANY, a corporation BY__,ZjZ , A , 1,", .- - --- (Gorporate Seal) _ President AN� o ecretiary CITY OF SAN RAFAEL, a Municipal Corporation BY zf i (Corporate Seal) Mayor AND - -� City Cler'.- FileNo . ........... ...a..:'...%... ----- ------- _: - :.....� CouncH............................. HAROLD JOB. HALEY CITY ATTORNEY CITY OF !AN RAFAEL 1010 S STREET SAN RAFAEL. CALIF. TELEPHONE GLENwooO 3.4388 6. * Daily Collection Report * Department City Clerk Collected by W - L. Morgan DESCRIPTION AMOUNT Deposit on account of purchase ,)rice of Yacht Harbor property Check dated Dec 20, 1951+ on 90-658 by Harbor Development Company LO t000l.o( (Ten Thousand Dollars) V Vito ............... . ...... .... - — ----------- . L - ---- C- �. - -- -------- ---------------------------- SIGNED . ........... * ------- RECEIVED-4 City Tfessurer Tax Collector CS R 4-5 .r t, �. MissionCity of San Rafael CALIFORNIA GLENWOOD 4-1912 OFFICE: Deoexbor 0s VA iaawreble Mayor and Cites 0"30 l icily of IQ" saf"I rat drfersndim procoodime in the event the Or dinswe c mrl r L the *a3m of the lac."t l:arUw to challAfted bV a refemmIun patitic,ae L# f I thou -ht you -ALht like t0 haVs moans a41VAnM Aotift OO to 11* provislom an this km: jest. ►to ardinwwo pamOd Ly the Council shall go into offaact uat ors thirty (3u) � from tro tine of its rinkl ado-tt ion unless an uzlewy n wwurs is involved. TO qualifyo a refer id= po1f,3.tion mtat be -filed wltbin third (30) days a:,d =at .)a signed by qualified electors of the MY# dual IU :n>e ber to at least teen per omit of the entire vote aset at the i"t p�r�aadire gen a3 madaipal election* if filed, the ourdinaaoe it suspsaded frrm Fciw into operations and If not ant_"oV rspraLsci :.y the Coomoil ara3l be suLmItted to a vats cS thou people at the rwAt genial r=iaival election Or at n epeciail elects Cn aalloa for that parpoce. A majority vote rill ne rAoeuxa;ry to p"s the ordimwe. dome a petition i & circulatwis an arXiciavit caar"ning the felled raust be tilwi +dth the (:sty C.14>R s Copy of urAmrai m j a statment of not coxvs than two bmhRad wmis iivIaL oppwuntlb ro"0112 ataiO*t adoptical statmoont of intent to auc:urm mp"I; ad%Uwb of pert;,. zaki% Affidsvite Qowlail bas ton (lu) .UWs to r*VU to this party w'..th a Bird I arfldoVit• ;tale petitim mw►t corsiet of inuiviciuml verUfIr tee. L;m:h certi- ficate rauut cwry the 0PPmmTT"8Ut=mb am V7710umills swooft L;ont......... ?iomratls .gym and vity �;01=11 xpam or 290 1954 Y&Le . 2 — :agot and tl-e g2,6n&uu% on aaa Oartificate mwt L* wworn to Lwfcav a ' erific+sticn DgpuV or tw"W Public. The ,,w OL wjw Ptv:,sttu tho sajews at the refuxw* m ppxmdums p1 Ire` if � of you mash furUser dw%dI WO can P� a of the aArtrere WAS Ivo City ;tawer +,eul ,mut;ber of voter cant at the lsat L,,\*norsl nommicipal eimat9.aa (Apr.4..1 19r3) 'tea 3ya28 gates. ., fours to--=Ii.ry, a-vtitioa umt cart. -fa ,33 si,-mataUV80 File No .................." .............. _._.. Dis"mositicil 0 DES-,_ :ITT RECEIPT F012, PUR CH' 9` Ca., REAL ERCPERTY San Rafael, California December P0, 1954 RECEIVED FROM . . . . Harbor Development Company Address: . . . 202 Sir Francis Dra',e Blvd., San Anselmo, California TEN THOUSAND (�10,000.00) DOLLA7S as a deposit on account of -purchase price of the following described pro- perty, situated in . . . SAi�1'�AFAEL . . . County of . . MARIN, California; that certain property consisting of parcels One and Ti,,*o, knoT,rn as San Rafael Municipal Yacht Harbor, as per description attacLed, anC•vested in t'_^e name of City of San Rafael, The total .p��r•chase price is ONE '7UNyRED A"T; FIF""' I'L:GJSAi;.L, FIVE I.LT:cEL (w150, 500.00) DOLLARS: anw the balance of say; e is to be oai c. v;Itl.in . 120 days from date of ratification of this offer, 8.6 follows: All Cash. Subject to existing leases, zoning restrictions, and easements, as of r coed on this date. This is a net offer and no commission is ,to b-e paid to broker by sellers. AND IT TS iir7EEY AGREED: That in the event said buyer small fail to pay the balance of said purchase price or complete said �;urchase as herein provided, the amounts pair,. hereon shall be retained as liquidated and agreed damages. That the Marin Title Guaranty Company shall retain custody of th-e deposit herewith to secure the agreements container_ herein. That in the event the title to said property shall not prove marl�et- able' and said seller shall not perfect same within ninety (90) 6ays from this date, the buyer shall have the option of demanding anc' receiming back said deposit and shall be released from all obligation hereunder. That the evidence of title is to be in the form of a_ Policy of Title Insurance, issued through MARIN TI=: isT?ARAYTY COMPANY, and to be furnish- ed and paid for by the Purchaser. That if the improvements on said property are destroyer' or materially damaged beti;een the date hereof, and consummation or settlement of this purchase, this contract shall at buyer's election imme`iately become null and void, and Said deposit shall be returned to,said buyer on deTrand. That the insurance premiums, if policies are acceptable to Purchaser, and rents, shall be prorated from date of delivery of deed or final,con- tract of sale. Time is she essence of this contract, but tti_Q time for any act re quired hereunder may for sufficient cause be extended not lo- - .than ,.thirty days by the agent signing t,�is contract. l Estate ::_ oker By. . . . . . . . . . . . I agree to purchase the above described property on the terms and conditions herein stater:; and. I acknowledge receipt of a. co-r;;;, of form.. % C s e r We agree to sell the above describer, property on the terms and conditions herein stated. . . . . . . . . . . . . . Seller �re,cntcd at Council hleeting !:.-Id.. .,�....1r�.................._....... Seller Recorded in minutes ' :1...._- .._............ .,Page ................_ ...... _.,, PARCEL ONE (Westerly Portion) BEGINNING at the point of intersection of the Easterly line of Grand Avenue and the Southerly line of Third Street, running thence Southerly along the Easterly line of said Grand Avenue and its exten-- sion Southerly 434.0.0 feet more or less to the Northerly line of the San Rafael Canal as described in deed from the San Rafael Development Company to the City of San Rafael recorded April 14, 1934 in Liber 213 ^" of Official Records at page 315, thenft along said line S 76o 30' E 701.87 feet more or less to the Easterly line of Union Street if exten- ded Southerly to -its intersection with the Northerly line of said Canal, thence 'along said line N 15o'. 19' E 354.3-feet more or less to the Southerly. li--ne,of Third Street, thence Westerly along said line 774.00 feet more or less to the point of beginning.' SUBJECT to an Easement for Drainage purposes over a strip of land 10 feet in width lying Westerly adjacent to and parallel with the East- erly line of the above described parcel. PARCEL TWO (Easterly Portion) BEGINNING at a point in the Southerly line of Third Street which said line would intersected by the Easterly line of Union Street if extended Southerly across said. Third. Street: running thence S 150 19' W 354.3 feet .long a continuation of, said Easterly -line of Union Street to the Northerly line of San Rafael Canal as described in that certain deed -from S. K. Herzog Comp c:;; _ ;c•''-=r�r:e, ?t to the City of San Rafael and recorded Mai--_': 10, 1,�20 In Volume 111 0f Deeds at page 440, running thence =,.long s- i-I line S 7C11^C 'G' 0" E 300.00 feet more or less to the line of that cr-rtsin parcel conveyed by deed from S. K. Herzog and Company, Alice Cochrane to the City of San Rafael recorde- August 27, 194� in Liber 452 of Official Records at page 107, the . 3e a1on sr -id line N7 150 17-1 E 292.37 feet , more or less to a poi- = t on the . -�t orl­ , ine of Third Street, said point being the most Easterly corner -of the parcel de- s criptd.secondly. in the above lastly referred to deed, thence Wester- ly along the said Southerly line of Third .Street 301.00 feet more or less to the point of beginning. 711C He..................�?..�. �..... _ ..._..:...:� C ;-.-n-P 1�1,, -.,r3------------ San Rafael City Ordinance CHARTER OR.nrVawdlc ,.,., A N ORDINANCE PROVIDN FOR THE SALE OF MUNI PROPERTY IN THEDCITY O S`N RAFAEL, CALIFORNIA KNOWN AS S A N RAFAE YACHT HARBOR. WHEREAS, at times prior to December 20, 1954, the City Coun- cil of the City of San Rafael, Cali- fornia, did cause to be published a notice inviting sealed proposal for the purchase of the real property hereinafter describ- ed, and, prior to said date, did, by the employment of all reasonable means and methods, including the listing of said property with the ,Multiple Listing Division-Marin County Real Estate Board, a corp- oration, invite and solicit pro- posals for the purchase of said Property; and meet- ingWHEREASat its of December 6, 195g4, sal City Council did fix December 20, 1954, at the hour of 8:00 o'clock P. M. at the Council Chambers, City Hall, "A" Street, in said City, as the time and place for consider- ing and acting upon the proposals received for the purchase of said property; and WHEREAS, at the time and place so fixed, as aforesaid, to wit: at a regular adjourned meet- ing of said City Council on said 20th day of December, 1954, at the hour of 8:00 o'clock P. M. at said Council Chambers in said City Hall, said City Council did review and consider the proposals re- ceived for the purchase of said real property, and did then and there determine that the proposal of Harbor Development Company, a corporation, in the amount of One Hundred and Fifty Thou- sand Five Hundred ($150,500) Dollars, cash, in lawful money of the United States of America, and hereinafter set forth was n the terms and othe tbest proposal for the purchase of said real }property, and said City Coun- cil did determine to accept the proposal of said Harbor Develop- ment Company for the purchase of said property and to provide, by ordinance, for the sale thereof to said Harbor Development Com- pany, a corporation, (hereinafter ._ometimes called "Company") for said price and upon said terms and conditions, and WHEREAS, said real property is not used in the performance of any governmental function of the city and, in the judgment of the City Council, there Is no present or prospective need or use for said 9 property in an function of the CitygofeSan e G Ra- fael, (hereinafter- sometimes call- ed "City") ; OW F COUNCIL OF E THE,RCITY OF , SAN RAFAEL DO ORDAIN AS L FOLLOWS: SECTION 1. The City of San Rafael, California, by and through its City Council does hereby sell to Harbor Development Company, a corporation, all that certain real property situate in the City of s San Rafael, County of Marin, State of California, described as follows, to wit: PARCEL ONE BEG NNING at Portion ) nt of intersection of the Easterly line of Grand Avenue and the South- erly line of Third Street, run- ning thence Southerly along the Easterly line of said Grand Ave- nue and its extension Southerly 434.00 feet more or less to the Northerly line of the San Rafael Canal as described in deed from the San Rafael Development Company to the City of San Rafael recorded April 14, 1934 in Liber 213 of Official Records at said linepSg76 330�' E 701.87a 01 87thenceafee glonmore or less to the Easterly line of Union Street if extended South- erly to its intersection with the Northerly line of said Canal, thence along said line N 15° 19, E 354.3 feet more or less to the Southerly line of Third Street, thence Westerly along said line 774.00 feet more or less to the Point Of beginning. SUBJECT to an Easement for Drainage purposes over a strip of land 10 feet in width lying Westerly adjacent to and paral- lel with the Easterly line of the above described parcel. PARCEL TWO (Easterly G Portion) BEGINNING t�aiin h Southerly line of Thhiirdt Street which said line Would be inter- sected by the Easterly line of Union Street if extended South- erly across said Third Street; running thence S 15- 19' W 354.3 feet along a continuation of said Easterly line of Union Street to the Northerly line of San Rafael Canal as described in that certain deed from S. K. Herzog Company and M. F. Cochrane, et ux to the City of San Rafael and recorded March 10, 1920 in Volume 211 of Deeds at page 440, running thence along said line S 76° 30' 30" E 300.00 feet more or less to the Easterly line of that certain par- cel conveyed by deed from S. K. San Rafael City Ordinance Herzog and Company, Alice Cochrane to the City of San Rafael recorded August 27, 1943 in Liber 452 of Official Records at page 107, thence along said line N 15, 19' E 292.37 feet more or less to a point on the South- erly line of Third Street, said point being the most Easterly corner of the parcel described secondly in the above lastly re- ferred to deed, thence Westerly along the said Southerly line of Third Street 301.00 feet more or less to the point of beginning. upon the following terms and con- ditions, to wit: 1. The total purchase price which shall be paid by Company to City for said property is the sum of ONE HUNDRED FIFTY THOUSAND FIVE HUNDRED ($150,500.00) DOLLARS cash, in lawful money of the United States of America, of which amount the sum of TEN THOUSAND ($10,- 000.00) DOLLARS has been de- posited by Company with City, the balance thereof to be paid by Company to City in like cash on or before the expiration of one hundred and twenty (120) days from January 10, 1955. 2. The sale and purchase of said property is expressly made and taken subject to the provisions of existing leases covering the said property, or any portion thereof, or any building or structure there- on; subject, also, to municipal zon- ing restrictions; and subject, also, to easements therein or thereon of record as of January 10, 1955; the existing leases with respect to said property, or portions thereof, are the following: (a) lease be- tween the City of San Rafael, as Lessor, and Flotilla No. 14, U. S. Coast Guard Auxiliary, a non-pro- fit corporation, as Lessee, which is dated May 5, 1948: (b) lease be- tween the City of San Rafael, as Lessor, and San Rafael Yacht Club, a non-profit corporation, as Lessee, dated July 21, 1947; 3. The total purchase price shall be net to City; the commission or compensation, if any, of David G. Cohn, real estate broker, or that of any broker or agent arising out of the sale and purchase of said property shall be wholly paid by Company, and City shall not be liable for any thereof; 4. In the event the title to said property shall not prove market- able and the City shall not per- fect the same within ninety (90) days from and after the effective date of this ordinance, the Com- pany shall have the option of de- manding and receiving back so much of the purchase price as shall have been paid to City and shall be released from all obliga- tion hereunder; 5. Company shall not assign its rights and obligations here- under in whole or in part without the written consent of City, and any and all attempted assign- ments, whether by operation of law or otherwise, without such written authorization first had and obtained shall be wholly void and of no effect; 6. If the improvements on said property are destroyed or ma- terially damaged between the date hereof and the consumation of the sale and purchase of said property by the delivery of the deed herein provided for and the payment of the full purchase price, the rights and obligations of City and Company shall not be thereby affected in any way, except that the aforesaid purchase price shall be reduced by the amount of any insurance proceeds received by City on account of such damage or destruction; 7. The premiums for policies of insurance maintained by the City upon the said property, or any portion thereof, shall, if the policies are acceptable to Com- pany, be prorated from the date of the delivery of said deed and the full payment of the purchase price; and all berthing rentals paid to City or accuring, prior to said last mentioned date shall be- long to City: 8. Upon full performance by the Company of all terms and conditions herein set forth on its part to be performed, City shall deliver to Company a food and sufficient deed conveying said property to Company in accord- ance with the terms hereof. Evi- dence o1 title to be in the form of a policy of title insurance is- sued through Marin Title Guar- anty Company of San Rafael, Cali- fornia, to be furnished and paid for by Company; 9. The performance by the Company of all of the terms here- of is a condition precedent to the obligation of the City to perform the agreements on its part. In the event of the failure of Com- pany to comply with any of the covenants and agreements, or any part thereof, on its part entered into, the City, without notice to the Company, shall be relieved from all obligations in law or in equity hereunder, and the Com- pany shall forfeit all rights under the terms hereof, and the City shall be entitled to the immediate possession of the said property in the event Company has been let San Rafael City Ordinance into possession; 10. The Company shall pay to City a reasonable attorney's fee in the event that suit be brought for the recovery of possession of the said property, or for the en- forcement or breach of any of the terms thereof, or to clear from the record title of said property the terms hereof, or any lien created or suffered against said property by Company. Said attorney's fee shall be due and payable at the time of filing action; however, the amount thereof shall be fixed by the Court in which any such ac- tion is commenced. 11. In the event Company shall fail to pay to City the balance of said purchase price or complete the purchase of said property as herein provided, all sums paid to City under the terms hereof shall be retained by City, which amount shall be presumed to be the amount of damage sustained by City for such failure or breach since, from the nature of the case, it would be impracticable or ex- tremely difficult to fix the actual damage; 12. In the event that the go- ing into operation of this ordin- ance be suspended by petition pre- sented to said City Council under the provisions of Section 2 of Article V of the Charter of City, then the rights and obligations of Company and City hereunder shall remain in status quo as here- in set forth pending the final determination of the proceedings tinder said Section of said Article and all applicable )provisions of said Charter; and in the event that the performance of any act undertaken by City to be per- formed hereunder is, in the first instance, prevented by litigation initiated for that purpose, then the rights and obligations of Com- pany and City hereunder shall re- main in status quo as herein set forth pending the final determin- ation of such litigation; 13. Except as hereinabove set forth, time is the essence of this transaction, but the time for any act required hereunder may, for sufficient cause, be extended not longer than thirty (30) days by the City Council of City. SECTION 2. It is hereby found and determined, as a fact, that said real property is not in use in, and is 'not actually required in, the performance of any govern- mental function of City, and that the sale thereof is for the public benefit. SECTION 3. The Mayor and City Clerk of City are hereby authorized and directed to make and execute for delivery to Com- pany, a deed granting and convey- ing to said Company the said property in accordance with the terms hereinabove set forth, and San Rafael City Ordinance the said officers are hereby author- ized and instructed to deposit said deed in an appropriate es- crow with said Marm Title Guar- anty Company with instructions to said title company that the said deed may be delivered and/or re- corded when Company has, with- in the time herein provided, faith- fully discharged all of the acts and things herein specified to be done or performed by Company, and Company has deposited in said escrow for the unconditional pay- ment to City the balance of the purchase price remaining unpaid. SECTION 4. That certain agree- ment entitled "AGREEMENT FOR SALE AND PURCHASE OF REAL PROPERTY, OWNED BY THE CITY OF SAN RAFAEL, KNOWN AS THE SAN RAFAEL YACHT HARBOR" on file in the office of the City Clerk of City and mark- ed as filed therein on the loth day of January, 1955, awaiting ex- ecution thereof on behalf of Com- pany and City, in which the above set forth terms and provisions for the sale of said real property are contained, is hereby approved; the Mayor and City Clerk are hereby authorized and instructed to ex- ecute said agreement on behalf of City, concurrently with its ex- ecution on behalf of Company, upon the passage of this ordin- ance by the City Council of City: said agreement is hereby referred to, and to the extent the same may be required by law, it is, by this reference, incorporated here- in and made a part hereof. SECTION 5. This ordinance shall be published once in full before its final passage in the INDEPENDENT -JOURNAL, a daily newspaper of general circu- lation, printed, published and cir- culated in said City, and shall be in full force and effect thirty (30) days from and after its final pass- age. /s/ EDWARD W. CULVER, ATTEST: Mayor. W. L. MORGAN, (Seal) City Clerk. The above and foregoing Char- ter Ordinance No. 599 was read and introduced at an adjourned regular meeting of the City Coun- cil of the City of San Rafael, held on Monday, the loth day of Jan- uary, 1955, and ordered passed to print by the following vote, to wit: AYES: Councilmen Aby, Good - ale, McInnis, Wood and Mayor Culver. NOES: Councilmen None. ABSENT: Councilmen None. and will come up for adoption as an ordinance of the City of San Rafael at a Meeting of the Coun- cil to be held on the 17th day of January, 1955. /s/ W. L. MORGAN, (Seal) City Clerk. No. 27—Jan. 12, 1955. E39 City of ,San Rafael Mission City of Marin'• C A L I F 0 R N I A GLENWOOD 4-1912 Mars, Esther Schwartz 11 Greenway Street San ?aelj California Dear Mrs. Schwartz: OFFICE: City Manager Returned herewith is your check in the amount of $5,000.00 which was submitted by you as a deposit on the purchase of the San Rafael Yacht Harbor. Bids were received from three individuals. The bid which was accepted by the Council was in the amount of $150,000 payable in 120 days. The other party bidding submitted two separate bids, one in the amount of $3.50,000 and the other in the amount of $154#500 payhble in two years and two and one -.half years respectively, Therefore s your bid was the lowest bid submitted. We wish to thank you for your interest in the purchases of the Yacht Harbor* (f� e1r,- /C � Sincerely., WILBER SHITH City der PileNil ............... � 7----------------_ ........ ;o�. s .......... .................. December 20, 1954 At 1. P.M. Subject Yacht Harbor Property Sale. Parcel One and Two. To: City Council of SanRafael, Darin County, Calif. Ge nt le men : I, Mrs. Esther Schwartz, 11 Greenway St., San Rafael, Calif. submit the following offer on the Yacht Harbor Properties in San Rafael (as per attached copy). It is my earnest desire to develop and improve this property so that it will be a credit to our community. Enclosed please find a check in the amount of Five Thousand Dollars as a deposit on the total purchase price of $130,500.00 Net. Deposit to be inafeased to 101 of purchase price within 10 days of acceptance of this offer. The balance of the purchase price is to be paid in cash to the seller within 90 days, providing seller can. furnish clear title within that time. If seller should require longer than 90 days to furnish clear title, balance of money will be paid at tirm that clear title is delivered to rw. In the event seller's title t o s- aid property shall prove to be unmerchantable and seller is unable or fails to perfect same within a reasonable time, I shall receive the return of all sums paid hereunder unless I wish t o accept t it le in s aid condit ion. The evidence of title shall be in the form of a Policy of Title Insurance which will be paid for by me. That damage or destruction of the improvements prior to consumm— ation of this sale shall at the option of myself render this contract null and void and my deposit shall be returned to rre on demand. The insurance (if policies are acceptable to me) income, and expenses shall be pro —rated as of the date of closing. Enc. Sincerely yours, Presented at Council Meeting held.✓. `'�`--•----I-l.l. (�..-/.............. �7 Recorded in minutes Vol ............................. Page ........... ...............,_... -------------------- ------------ YACHT HAM3011 PIRCK,,RTY P=:TIML C?1' (?;esterly Portion) II".GI'I" 1110 at the pof nt of intersection of the Easterly line of Grand Avenue and. the Southerly line of Third Street, runni.ngg, thence Southerly along the Easterly line of said Grand Avenue and its extension southerly 434.00 feet more or lass to the Northerly line of the San Wael Canal as described in deed from the San Rafael Development Cagx:a3r to the City of San Nafael recorded April 14, 1934 in Libor 213 of Official Records at page 315, thence along said line S 76030130" E 701.87 feet more or less to the Easterly line of Union Street if extended Southerly to its intersection with the Northerly line of said Canal, thence along; said line N 150191 E 354.3 feet more or less to the Southerly line of Third Street, thence 17esterly along said line 774.00 fe::t more or less to the point of beginning. SUBJ;:.CT to an Easermnt for Drainage purposes over a strip of land 10 feet in Width lying :lesterly adjacent to and parallel synth the Easterly line of the above described parcel. PA MEL 7.`0 (Easterly Portion) MGMING at a point in the Southerly line of Third Street Tihich said line mould be intersected by the Easterly line of Union Street if extended Southerly across said T-:ird Street; running thence S 150191 W 354.3 feet along a continuation of said Easterly line of Union Street to the Tdortherly line of San Wael Canal as described in that certain deed from S.K, Herzog Company and L. F. Cochrane, et ux to the City of San Rafael and recorded March 10, 1920 in Volume 211 of Deeds at page 440, running thence along said line S 76030130" E 300.00 feet more or less to the Easterly line of that certain parcel conveyed by deed from S. K. Herzog and Company, Alice Cochrane to the City of San 1%afael recorded August 27, 1943 in Libor 452 of Official Ilecords at pa.-e 107, thence along said line N 15 ° 191 E,292.37 feet more or less to a point on tho Southerly line of Third Stre-°t, said point being the most Easterly corner of the pa. •cel described secondly in the above lastly referred to deed, thence Westerly along the said Southerly line of Third Street 301,00 feet more or less to the point of beginning. File No- ---------------- ` .-- City o S.. k.j., I "Mission City of Marin" CALIFORNIA TELEPHONE 800 OFFICru n Received from Lyn Morgan, City Clerk and Assessor, one check drawn on the Bank of California for $25,000.00 (to the City of San Rafael) File No......._. ..-..7 ---------------------------------------------------- December 20, 1954 The City Council of San Rafael Gentlemen; In accordance with our verbal discussion regarding the San Rafael Municipal Yacht Harbor and the adjoining property located at Third and Grand streets, totalling about Nine and One Quarter Acres (9.25 Acres), it is our intention to purchase this property for the sum of One Hundred and Fifty Four Thousand,;. -Five Huridred.Dollars ($154,500.00) which -we understood to be your asking price for the property our proposal would include the following conditions of sale: i.e. The purchase price of $154,500.00 to be paid in Two and One Half (4) years as follows: $259000.00 to be paid on or about January 1, 1955. $15,000.00 to be paid on or about January 19 1956. $14,500.00 to be paid on or about January 19 1957. The balance of $1009000.00 to be paid on or about July 1, 1957. No interest will be due on the principal outstanding. A Deed of Trust will be secured by the property above mentioned and the liability of the undersigned will be limited to the value of the property. All present leases and rentals of the property will be cancelled within 90 days of the signing of the formal contract of sale. New agreements will be negotiated by us at that time. If this preliminary agreement is deemed satisfactory we will embody the above terms into a formal contract of sale with a Deed of Trust transferring the property on or about January 19 1955. The attached check for $25,000.00 is to show our good faith and upon execution of the contract the check will apply to the first payment of the purchase price. We appreciate your cooperation and understanding in this matter and we sincerely hope that negotiations will be successfully completed. Yours truly, FLM/al FRANK L. MARTINELLI File No.................r........••....... _... ........r _------------- --...... n...,..._",C� Vol ......... ---•--•............. Page .... ........... .......�.--,.. December 12, 1954 The City Council of San Rafael Gentlemen: In accordance with our verbal discussion regarding the San Rafael Municipal Yacht Harbor and the adjoining property located at Third and Grand Streets, totalling about Nine and One quarter Acres (9e25 Acree):, it is out intention to purchase this property for the sum of One Hundred and Fifty Thousand Dollars ($1501000.00): Our proposal would include the following conditions of sales ioe., The purchase price of $1509000.00 to be paid in 2 years as follows: $259000e00 to be paid on or about January 1, 1955. $25,000.00 to be paid on or about January 1, 1956. The balance of #100,000.00 to be paid on or about 31 Dec. 1956. No interest will be due on the principal outstanding. A deed of trust will be secured by the property above mentioned and the liability of the undersigned Will be limited to the value of the property. All present leases and rentals of the property will be cancelled within 90 days of the signing of the formal contract of sale. New agreements will be negotiated by us at that time. If this preliminary agreement is deemed satisfactory we will embody the above terms into a formal contract of sale with a Deed of Trust trans— ferring the property on or about January 1, 1955. The attached check for $25,000.00 is to show our good faith and upon execution of the contract the check will apply to the first payment of the purchase price. We appreciate your cooperation and understanding in this matter and sincerely hope that negotiations will be successfully completed, FLM/al - Yours truly, FRANK L. MARTINELLI A-. 1 �COf jcd Ln rainutcs Vol.............................Page...................w.. . L: '- ............. ......................... DEPOSIT Rr_,%:EIPT FOR PURCHASE OF REAL eROPERTY San Rafael, California December 20, 1954 RECEIVED FROM . . . . . . Harbor Development Company Address: . . . 202 Sir Francis Drake Blvd., San Anselmo, California TEN THOUSAND ($10,000.00) DOLLARS as a deposit on account of ppurchase price of the following described pro- perty, situated in . . . SAN RxFAEL . . . County of . . MARIN, California' that certain property consisting of parcels One and Two, known as San Rafael Municipal Yacht Harbor, as per description attached, and vested in the name of City of San Rafael. The total purchase price is . . . ONE HUNDRED AND FIFTY THOUSAND, FIVE HUNDRED ($1509500.00) DOLLARS: and the balance of same is to be paid within . • . . 120 days from date of ratification of this offer, as follows: . . . . All Cash. Subject to existing leases, zoning restrictions, and easements, as of record on this date. This is a net offer and no commission is to be paid to broker by sellers. AND IT IS HEREBY AGREED: That in the event said buyer shall fail to pay the balance of said purchase price or complete said purchase as herein provided, the amounts paid hereon shall be retained as liquidated and agreed damakes. That the Marin Title Guaranty Company shall retain custody of the deposit herewith to secure the agreements contained herein. That in the event the title to said property shall not prove market- able and said seller shall not perfect same within ninety (90) days from this date, the buyer shall have the option of demanding and receiving back said deposit and shall be released from all obligation hereunder. That the evidence of title is to be in the from of a Policy of Title Insurance, issued through MARIN TITLE GUARANTY COMPANY, and to be furnish- ed and paid for by the Purchaser. That if the improvements on said property are destroyed or materially damaged between the date hereof, and consummation or settlement of this purchase, this contract shall at Buyer's election immediately become null and void, and said deposit shall be returned to said buyer on demand. That the insurance premiums, if policies are acceptable to Purchaser, and rents, shall be prorated from date of delivery of deed or final con- tract of sale. Time is the essence of this contract, but the time for any act re- quired hereunder may for sufficient cause be extended not longer than thirty days by the agent signing this contract. /s/ Dave G. Cohn 0 0 0 0 c 0 0 0 a 0 0 a a 0 0 0 0 0 0 a e 0 0 a l�r.l Estate Broker By• • • o e e • . . . e o I agree to purchase the above described property on the terms and conditions herein stated; and I acknowledge receipt of a copy of this form. Harbor Devele Co, 0 • 0 0 0 e e 0 0 0 0 . August Nachtman (illegible) 0 o r Pu• rc• ha • se • r e e • o 0 We agree to sell the above described property on the terms and conditions herein stated. 0 0 0 • • • • e • Seller 0 0 . 0 0 0 0 • 0 e . • e Seller PARCEL ONE (Westerly Portion) BEGINNING at the point of intersection of the Easterly line of Grand Avenue and the Southerly line of'Third Street, running thence Southerly along the Easterly line of said Grand Avenue and its exten- sion Southerly 434,00 feet more or less to the Northerly line of the San Rafael Canal as described in deed from the San Rafael Development Company to the City of San Rafael recorded April 14, 1934 in Liber 213 of Official Records at page �15, thence along said line S 760 30'' E 701.87 Feet more or less to the Easterly line of Union Street if exten- ded Southerly to its intersection with the Northerly line of said Canal, thence along said line N.150 191 E 354.3 feet more or less to the Southerly line of Third Street, thence Westerly along said line 774.00 feet more or less to the point of beginning. SUBJECT to an Easement for Drainage purposes over a strip of land 10 feet in width lying Westerly adjacent to and parallel with the East- erly line of the above described parcel. PARCEL TWO (Easterly Portion) BEGINNING at a point in the Southerly line of Third Street which said line would intersected by the Easterly line of Union Street if extended Southerly across said Third Streets running thence S i5o 19' W 354.3 feet along a continuation of said Easterly line of Union Street to the 'Northerly line of San Rafael Canal as described in that certain deed from S. K. Herzog Company and M. F, Cochrane, et ux to the City of San Rafael and recorded March 109 1920 in Volume 211 of Deeds at page 440, running thence along said line S 760 30' 30" t 300,00 feet more or less to the Easterly line of that certain parcel conveyed by deed from S. K. Herzog and Company, Alice Cochrane to the City of San Rafael recorded August 27, 1943 in Liber 452 of Official Records at page 107, thence along said line N 150 19' E 292.37 feet more or less to a point on the Southerly line of Third Street, said point being the most Easterly corner of the parcel described secondly in the above lastly referred to deed, thence Westerly along the said.Souther- ly lime of Third Street 301.00 feet more or less to the point of beginn- ing. Fols NRm I _ 7- DEPOSIT RrXEIPT FOR PURCHASE OF REAL k1AOPERTY San Rafael, California December 20, 1954 RECEIVED FROM e o • , . . Harbor Development Company Address: , . . 202 Sir Francis Drake Blvd., San Anselmo, California TEN THOUSi-LND ($10,000.00) DOLLARS as a deposit on account of purchase price of the following described pro- perty, situated in . . . Sti'a RaFAEL . . . County of . . ILiRIN, California; that certain property consisting; of parcels One and Two, known as San Rafael Municipal Yacht Harbor, as per description attached, and vested in the name of City of San Rafael. The total purchase price is . . . 0 ' Z 11UNDHED AND FIFTY THOUSAND, FIVE HUIIDRED ($150,500.00) DOLLARS: and the balance of same is to be paid within , , . , 120 days from date of ratification of this offer, as follows= . . . . All Cash. Subject to existing leases, zoning restrictions, and easements, as of record on this date, This is a net offer and no commission is to be paid to broker by sellers, AND IT IS HEREBY AGREED: That in the event said buyer shall fail to pay the balance of said purchase price or complete said purchase as herein provided, the amounts paid hereon shall be retained as liquidated and agreed damages. That the Marin Title Guaranty Company shall retain custody of the deposit herewith to secure the agreements contained herein, That in the event the title to said property shall not prove market- able and said seller shall not perfect sa�'�e within ninety (90) days from this date, the buyer shall have the opti:):'r of demanding and receiving back said deposit and shall be released from all obligation hereunder. That the evidence of title is to be in the from of a Policy of Title Insurance, issued through RI�RIN TITLE GUARANTY COMPANY, and to be furnish- ed and paid for by the Purchaser. That if the iuprovements on said property are destroyed or materially damaged between the date hereof, and consummation or settlement of this purchase, this contract shall at Buyc,_�'s election immediately become null and void, and said deposit shall be returned to said buyer on demand. That the insurance premiums, if policies are acceptable to Purchaser, and rents, shall be prorated from date of delivery of deed or final con- tract of sales Time is the essence of this contract, but the time for any act re- quired hereunder may for sufficient cause be extended not longer than thirty days by the agent signing this contract, /s/ Dave G. Cohn •. O o e 0•• 0 0 0• 0 0• 0 0 .` o 0 o n 0 0 0 ziea1 Estate Broker By. . o . . u c . e o o • I agree to purchase the above described property on the terms and conditions herein stated; and I acknowledge receipt of a copy of this form. Harbor Devel. Co. 0 o P a . o . a o o . O August Nachtman (illegible) 0 o a Pu. rc. ha . se . ro o . . 0 We agree to sell the above described property on the terms and conditions herein stated. 2 --... - . o . o . . . . . . o . o File A!e Seller . • V O o o u o a • . . Seller PARCEL ONE (Westerly Portion) LLGINNING at the point of intersection of the Easterly line of Grand Avenue and the Southerly line of Third Street9 running thence Southerly alonf- the Easterly line of said Grand Avenue and its exten- sion Southerly +34.00 feet more or less to the Northerly line of the San Rafael Canal as described in deed from the San Rafael Development Company -o the City of San Rafael recorded April 14y 1934 in Liber 213 of Official Records at page 3159 thence along said line S 76' 30' E 701.87 Feet more or less to the Easterly line of Union Street if exten- ded Southerly to its intersection with the Northerly line of said Canals thence a.lonC said line rr 1510 19' r 354.3 feet more or less to the Southerly line of Third Streets thence Westerly along said line 774.00 feet more or less to the point of beginning. SUBJECT to an Easement for Drainage purposes over a strip of land 10 feet in width lying Westerly adjacent to and parallel with the East- erly line of the above described parcel. PARCEL TWO (Easterly Portion) BEGII.MNG at a point in the Southerly line of Third Street which said line would intersected by the Easterly line of Union Street if extended Southerly across said Third Streets running thence S 15° 191 W 354-3 feet along a continuation of . said Easterly line of Union Street to the Northerly line of San Rafael Canal as described in that certain deed from S. K. Herzog Company and M. F. Cochranes et ux to the City of San Rafael and recorded I4arch 10, 1920 in Volume 211 of Deeds at page 10+09 running thence along said line S 760 30' 30" 0 300.00 feet more or less to the Easterly line of th-.t certain parcel conveyed by deed from S. h, Herzog and Company, Alice Cochrane to the City of San Rafael recorded August �79 1943 in Liber 452 of Official Records at page 107s thence along said line N 1510 19' E 292.37 feet more or less to a point on the Southerly line of Third Street9 said point being the most Easterly corner of the parcel described secondly in the above lastly referred to deeds tbence Westerly along the said Souther- ly line of Third Street 301.00 feet more or less to the point of beginn- ing„ F.;" �--------------- - " 7. ------------------------ ... PA RCEL ONE (West ^ y T'ortion) BEGINNING at the paint of intersection of the Easterly line of Grand Avenue and the Southerly line of Third Street, running thence Southerly along the Easterly line of said. Brand Avenue and its extension southerly 434.00 feet more or less to the Northerly line of the San Rafael Canal as described in deed from the San Rafael bevel.,_ - Company to the City of San Rafael recorded April 14# 1934 in Liber 213 of Official Records at page 315, thence along said line S 760 301 30" E 701.87 feet more or less to the Easterly 114e: of Union Street if extended Southerly to its intersection with the Northerly line of said Canal, thence along said line N 150 191 E 354.3 feet more or less to the Southerly line of Third Street, thence Westerly along said line 774-00 feet more or leas to the point of beginning. SUBJECT to an Easement for Drainage: purposes over a strip of land 10 feet in width lying Westerly adjacent to and parallel with the Easterly line of the above described parcel. PAFCIL TWO (Easterly Portion) BEGINNING at a point in the Southerly line of Third Street which said lime would be intersected by the Easterly line of Union Street if extended Southerly across said Third Street; running thence S 150 19t W 354.3 feet ales a continuation of said Easterly line$ of union Street to the Northerly line of San Rafael Canal as described in that certain dead from S. K. Herzog Company and V. F. Cochrane., eat ux to the City of San Rafael and recorded March 100 1920 in Volume 211 of heeds at page 440, running thence along said line S 76* 301 308 1 300.00 feet more or leas to the Easterly Line of that certain parcel conveyed by deed from S. K. Herzog and Company, Alice Cochrane to the City of San Rafael reworded August 27, 1943 in Libesr 452 of Official Records at page 1070 thence along said line R 150 19' 1 292.37 feet more or less to a point on the Southerly lines of Third Streets said point being the most masterly corner of the parcel described secondly in the above lastly referred to deed, thence Westerly along the said Southerly line of Third Street 301.00 feet more or less to the point of beginning. ���� ga............... ..' -- .............................. �. 7 ....................... I File Na . ............... -------------------------------- Dit� ---------------------------------- ------------------ } CiLtyof San Rafael "Mission City of Marin" C A L I F 0 R N I A GLENw000 4-1912 OFFICE: City Manager 18 May 1954 Frank Healion Kaenel-Healion Co. 1833 Fourth Street San Rafael, California Dear Mr. Healion: Your letter dated 3 May 1954 was presented to the City Council last night at its regular meetings You are hereby advised that the portion of the Yacht Harbor property in which you_rr client is interested will not be sold except and unless Parcel 1 (the Yacht Harbor proper) is first sold. Furthermore$ the Council$ at the mownt, does not desire to break up the Yacht Harbor property into small pieces. The Council feels that the party who buys Parcel 1 should have the .first opportunity of buying Parcel 2. The Council wishes to extend to you its thanks and appreciation for your communica- tion. WS:vc Sincerely, WILBER SMITH City Manager ......... .............__.. v.................... J MULTIPLE REALTORS OVER 22 YEARS IN MARIN EYED RIDMORD & CO. keaC ed to — �u3ura�zce — R.Ji.0.4.3 1011 A Street 866 Grant Ave. San Rafael "The Patio" California Novato, Calif. Glenwood 4-4353 Novato 490-J August 30, 1954 Honorable Mayor and City Council City Hall San Rafael, California SAN RAFAEL MUNICIPAL YACHT HARBOR PARCELS ONE AND TKO Gentlemen: On August 23rd your committee of realtors met to discuss the renewal of the above captioned properties with the Multiple Listing Division of the Marin County Real Estate Board. It was the recommendation of this committee that said listing be renewed for an additional period of ninety days under the same price, terms and conditions as set forth in the original listing. As a suggestion, the committee believed that under Paragraph 1, Page 2 of the original listing the word "minimumll might be deleted thus allowing the Council to consider and accept any bonafide offer under the sale price as outlined in Paragraph 1. It is our belief that the wording as now set forth obligates the Council to consider only an offer to purchase that ful- fills the minimum sale price, as contained in said paragraph. It is our sincere belief that this listing should be continued through the Multiple Listing Division and its ninety some offices so that the most action possible may be given to this property. The committee has had many inquiries from other members of the Multiple Listing Division and are well pleased with the action that the Yacht Harbor property is receiving. Should your Honorable Mayor and City Council approve the renewal of this listing agreement for an additional ninety days, a letter to this effect from the City Manager addressed to the Multiple Listing Division of the Marin County Real Estate Board will be sufficient. Yours very truly, MAYNARD REDMOND & CO. CDR:nc By C. D. Redmond ... �.........._i .......,:,;i �' 1:.. C `�V/ � 7.................. es a;ccor: ! i:l a�i Vol... ............ L .... / nu y I;c .............................a. 17.0; NO ........ • .......... _....... ..... — ------------ L--......-......................................... 140TARY 0 EXCHANGES 0 APPRAISALS 0 COMMERCIAL 0 INDUSTRIAL 0 LEASING 0 LOANS 0 RANCHES 0 ACREAGES 0 HOMES 0 LOTS E p Y ca:ltee�a AAWft 300 19% � ��ar and City fta San Dt9*420 Calum.4a U4 A Acwt Zan: your ccrdttea at r &Uorb -at to ab,"o 01�,Ov = t.ha tc�a�•rw�l 1kr'A Co at then -�Amed 3�'� U*a vith the �.tipU Uot:,L aiYSaLaa of a utrtsy Am, Louts Hoard, it ww the tjL cn ct t�hir osea d.fi�tso the tares mid ctx�dr�f qz � e �t �'od °t SIMW doWn uakw suie prim, aa*th irs � a1 U,st:zig. Ag a euL AoUq% ttw c,x,ttfs bOlUmd Uat lug. jUr old QL b. ddeW QW baratld,s cti'er � the � �rioc fafth "atu fho G't wctl toLo osfs3sr ter'c'e�0t a ao aw osti .t'121a the ad:� MU prim, au oaAW-ne�d I � �L hi3r• It ±a our oiw are belief that this Usum be Odd thm;P�' tbs 3RitUPU IjLS%LQQ Di vieltu and Ito arm saw SrMW oo that 1-10 Owt "UM ponibym ram, be &Ivan to Vda Lfir oeo�dliMa has WO Men PlMOW bad � jaqu pbw �'at *gar at thr Mulul, .'�! dim had fo+ar t�000fta�? th the "UM thad the Yacht Harbor MMrt r ig �. �Yalt' anti amity C UMLI a�sp�+ss, t.o rwosa't at tan ai aratrti for a*� addltivaaluLDOW dWNS a Lttar to thia effect frm Uw City 'AwW ' addrvand to tbs Mmlliple LLetL4e idvUiaa a r trA ;fin COMOIY ba l Xguts 3OUd talll be snit . ►DR= �h City AttorW i ty Clench ✓ Ywna Tay U%L4i MMUD t11MMr & oo, /Q% 0e u. tpoeed 4Y " Do ftfted V MULTIPLE REALTORS OVER 22 YEARS IN MARIN M89HRO HERB & Co. MealI'`eaC estate — Ampance 6 1011 A Street San Rafael California Glenwood 4-4353 Mr. Wilber Smith City Manager City of San Rafael California Dear Mr. Smith: 866 Grant Ave. "The Patio" Novato, Calif. Novato 490-1 August 12, 1954 We are enclosing herewith deposit receipt for purchase of real property covering an offer to purchase the Yacht Harbor and more particularly identified as Parcel One as set forth by the Multiple Listing Service, Listing #A-7773 and dated May 29, 1.954. Yours very truly, MAYNARD REEMOND & CO. By C. D. Redmond GDR.- nc 0 knclosure Fil: No .............. .. =2.77 ............... _...... _.............. . ............................... P40TARY 0 EXCHANGES 0 APPRAISALS • COMMERCIAL 0 INDUSTRIAL 0 LEASING a LOANS 0 RANCHES ACREAGES 0 HOMES 40 LOTS /l�liy � p 7� -90 I;v 7/1 I 18 May 1954 Frank Healion Rsenel- Heali.on Co. 1833 Fourth Street San Rafael, California Dear Mr. Healion, City Pfanager Four letter dated 3 t,%Y 1954 was presented to the City Council last night at its regular meeting. You are hereby advised that the portion of the Yacht Harbor property in Which your client Is interested will not be sold except and unless Parcel 1 (the Yacht 2arbor proper) is first sold. Furthermore, the Council, at the moment, does not desire to break up the Yacht Harbor property into small placers. The Council feels that the party Who buys Parcel 1 should. have the first opportunity of buying Parcel 2. The Council ivishes to extend to you its thanks and apnreci.ation for Your co:urunica- tion. WNS a vc Sincerely,, IWILBER SUM City Manager . ................ P .....7.............................. ;_., ----------------------------------- SAN RAFAEL LAND TITLE PAMPANY 1017 FOURTH STREET, SAN R. AL SCHEDULE "A11 YET TO BE ATTACHED. DESCRIPTION OF PROPERTY AGRF_.i::ALNT TO ACCOMPLISH (A) LISTING WITH aULTIPT LIS1I� O1TVISIOIv - - RIB CoREA L3TATF BOARD -I�_ -OF CITY Ou ITEAL PERM-AND, 3Lv^URINE OF A FURC RHI OR P,'� CH"ERS PORSATU R,,.,A Ltd '.',MF,RLASV The City Comail of the City of San Rafael# a municipal corporation, acting for and an behalf of said maleipal aoz^porations has fo=d and determled that it will be to the advantages welfare and best interest of the Jrublie to endeavor to asap lish the sale of cortain mmiai- pal.ly owned real property, hereinafter described, mpm the terms and conditions hereinafter set forth; and, WHERLASs in connection with the foregoing an A. at the request of said, City Council, the Marin Coiwty Real Hst,atc Boards Ins., submitted to said City Council, and. la e0operation with; its the names of oertain Of the members of said Marin CoUnty Real Estate Board: namely, ORME KAEI EL, =MOND MACTAVI,N, TIED FRLI►M0 JF-RRY XfOUX and CORWIN RED9011D# of which group the said CORWIN REDMOND 'has acted as Chairman and spokesman, as a Real Estate Committee to advise and 06USUlt with said Council with respoet to said proposed sale; and WMI", 5# it is tL- a purpose and intention of said City Council, said Board and said Committee,, that the listing of said property for the purposes of said axle shall be with the multiple listing division at said karin Cownty Real Estate ;Board, Zoos and shall not be a listing limited to any single agent# agency or broker; and WHL:REA5s VUder the rl 1*& and regulations of said Marla Cowty Real Estate Board, Inc., it Is requireds in order is meoure xv*h multiple listing of said real; property with its said asaiiiple listing divisions that thia agreement be made with an went, a` cnoy or broker holding membership an said Karin County Real Estate Board* Inc.1 and �8, UAnTARD 11RDMOND & CD. # acting by a through HAROLD JOS. HALEY '''///��. /� CITY ATTORNEY ALBERT BUILDING IN0 SAN AFAE1�O �Q' REMOND, is a member Of Or hold* me bersh.ip With sei.d Sarin 1010 B STREET Ewa vI member 7�J. SAN RAFAEL, CALIF. TELEPHONE S. R. 6400 . County Meal Estate Board, Inc.; NOW, THEREFORE, THIS AGREEMENT, WITNESSETH: For the sole and limited purpose of accomplishing the listing for sale of said real property with the Multiples Listing Division of said Merin County Real Estate Board, Inc., said City does hereby employ said MAYNARD REDMOND & CO., act- ing by and through said CORWIN REDMOND, as its agent, to sell the municipally owned real property hereinafter described. It is expressly understood and declared that said agent is a member of said1"Jarin County Real Estate Board, Inc., and it is further agreed that said agent shall refer this list- ing to said Board, to be by it referred to Stich of its members as it may deem advisable, but in all events said listing shall be referred to the members of said Board having established places of business in the City of Ban Rafael, and that said beard or its members may act as other or subagents in procuring, or attempt- ing to procure, a purchaser or purchasers of said real property In accordance with this agree went# and in the event a sale shall be made through any such sub -agent, all of the terms of this agreement shall apply to such transaction. Any such sale shall be subject to all of the terms and provisions of this agreements including the following: 1. The minimum, sale price for Parcel I hereinafter described shall be the sum of One Hundred Fifteen Thousand and, no/100 ($115,0OO*OO) Dollars, and the minimum sale price for Parcel II hereinafter described shall be the sum of Thirty-nine Thousand Five Hundred and no/IGOi (3g,5©©-00) Dollars, but, said Parcel IT shall not, and will not, be sold except and unless said Parcel I is first sold, or said Parcel II is sold concurrently with said Parcel I, provided, however, that offers for the purchase of said respective parcels may be received separately or together; HAROLD JOS. HALEY . it is expressly understood and agreed by said CITY ATTORNEY OF SAN RAFAEL ALBERT BUILDING A 1010 B STREET SAN RAFAEL, CALIF. TELEPHONE S. R. 6400 agent., said Board and any such sub -agent, that the sale, if any, of said parcels of real property, or either of them, as, if and when made, must and shall be rude under the Charter of said City, by an ordinance adopted by said City Council and, therefore, it is expressly agreed and made a condition hereof that neither said agents said Board nor any such sub -agent hasl or shall have, the power or authority to finally accept any offer or offers for the purchase of said parcels of real property, or either of them, or finally bind the City of San Rafael to any sale thereof, and that all such offers must and shall be subject to final acceptance by said City Councils and any such sale or sales must and shall be subject to final approval and consummation by said City Council, and that said City Council is not, and shall not be, bound to accept an offer of the mini- mum sale price or prices hereinabove specified, if, during the life of this agreement, a higher bona fide cash offer of pur- chase for said parcela, or either of them, is communicated, in writing, to said agent, or said Board, or any such sub -agent, prior to the final acceptance by said City Council of an offer for the purchase of said parcels, or either of them; nor -hall any compensation or commission hereunder be deemed to have accrued, or to have been earned, unless and until (a) An offer or offers of purchase of said parcels, or either of them, has been finally accepted by said City Council, and, the sale or sales resulting therefrom has been finally consummated and the purchase price therein pro- vided for has been fully paid; 3. The sale of said parcels of real property, or either of theca, shall be for cash, in lawful money of the United States of America; 4. This agreement and authority shall continue irrevocably for the full period of ninety (90) days from the date hereof, whereupon, and without further action by either HAROLD JOS. HALEY CITY ATTORNEY OF SAN RAFAEL 3. ALBERT BUILDING 2010 B STREET SAN RAFAEL, CALIF. TELEPHONES. R. 6400 party, it shall automatically crease and terminate, provided, however, that said City Council may sooner terminate the some If* upon a hearing before said City Council, after five (5) dayrs written notice given by said Council to said went and sold :°hoard of the time and place of such hearing, finds that the public interest and welfare requires the earlier termination hereof, aaand, in the latter event, the paartise shall agree upon a just and equitable compensation to be made for the services rendered hereunder prior to such earlier termination; City agrees to pay as compensation for securing a purchaser or purchasers of said real property hereunder the sum equal to ten percent (10%) of they first Ten Thousand and r O/100 ($10, 000, 00) Dollars of the purchase price and five per- cent (5'%) of the remainder of the purchase price in the event of a sale of said parcels of real property, or either of them by said agents or said °hoard, or any such aub-agent, or the City of Sara Rafael, while this contraaet is in forces or if sold within ninety (90) days after the termination of this contract to anyone with whom the said agent had negotiations during the term hereof, provided, said agent has notified said City Council, in writing, of such negotiations, giving the name and the address of the person or persons with whom such negotiations have been had by said agent, all within five (5) days following the termina- tion of this agreement; provided, .further, that said single commisd on or compensation herein. provided .for as, if and when the same becomes due and payable hereunder, shall be paid to said agent if, in fact, agent actually effects the sale of said parcels of real property, or either of thems and fih all be by him disbursed in accordance with the rules and regulations of said Maerin County Real Rstaa-te Roa3rd, Inc., or, shall be paid to said Botard if it, or any such sub -agent, or the City actually effecto such sale, and shall be by it, disbursed in accordance with its said rules and regulations. In the event a deposit is HAROLD JOS. HALEY {1 CITY ATTORNEY OF SAN RAFAEL T • ALBERT BUILDING 1010 B STREET SAN RAFAEL, CALIF. TELEPHONES. R. 6400 forfeited, one-half (112) of the same shall be paid to said agent, board or sub -agent as herainbefore provided for the payment of said compensation or commissions and the remaining one-half (112) shall be retained by the City, provided, how- ever, that the portion of any sum so forfeited which, under the terms hereof, becomespayable to said agent, Board and/or sub -argent, dlall not exceed the amount of the compensation or commission hereinbefore specified; 5. Evidence of good, merchantable title shall be in the fora of a polio of title insurance issued by a reputable title insurance company, to be secured and paid for by the purchaser or purchasers; and insurance, taxes, assess- ments and rents shall be prorated as of the date of closing of the particular transaction or transactions unless otherwise agreed in writing; 6. Said parcels, and each of them., if and when sold, shall be sold subject to any existing lease or leases covering the some. IT IS FURTHER AGREED than, in consideration of the terms and provisions hereof, the undersigned agent, and every sub -agent undertaking to perform under, or endeavoring to secure the benefits of,this agreement, agrees to use due diligence in procuring a purchaser or purchasers under the terms hereof, and immediately to refer this listing to the said MUltiple Listing Division of the said Marin County Real Estate Board, Inc. Attached hereto, hereby spoeifically referred to, and by this reference made a parr hereof, is a schedule marred "Schedule A" in which the said parcels of real property herein - above referred to are particularly described. WITNESS WHEREOF, the parties have executed this Agreement this �.____..... day of Mays 1954. CITY OF "Ali RAFAEL, a municipal HAROLD JOS. HALEY corporation, CITY ATTORNEY OF SAN RAFAEL ALBERT BUILDING 1010 B STREET -- •------�4-.- �.- .- MAYOR Q p��p SAN RAFAEL, CALIF. • MAYOR TELEPHONES. R. 6400 ■■ 77 T y CLERK REDMOVI) MAYVARD & CO. BY: APPROVED AND ACCEPTED: MARIN COUNTY REAL ESTATE BOARD, INC. BY: rilo Flo, ----------- ............ ............. HAROLD JOS. HALEY CITY ATTORNEY OF SAN RAFAEL 6. ALBERT BUILDING 1010 B STREET SAN RAFAEL, CALIF. TELEPHONES. R. 6400 Recd.Od&& Yadata#we ,L'eaded -.0 - Pn"may ly - -- y IVO&V p -- GEO. V. KAENEL 1833 FOURTH STREET 'l/L 7AWmrotlS Matik PHONE GL. 3-8273 Honorable City Council of San Rafael San Rafael California Gentlemen: coo I FRANK HEALION SAN RAFAEL, CALIF. May 3, 1Q54 A client of this office has requested us to present to you for your consideration an offer of 46000.00, cash, for that portion of land lying on the south of Third Street being the most 50 feet Southeastly corner of the marshland owned by the City of San Rafael. Map enclosed herewith and area outlined in red. This property is adjacent to the Mosquito Abatement District. We have a check in our possession to substantiate this offer. 4Respetfully yours, HEALION FH:hpf Kaenel-Healion Co. Enc WE MUM SHACT COMM Second and A Streets, San Rafael, California Phone GL. 3-7110 DEPOSIT RECEIPT Escrow No_________________ :pan Rafael Received from D,ariu County at3tract Company Address wan Rafael, California the purchaser, the sum of Five Hundred (� 500 • CCU) by check Dollars evidenced by cash [:], personal check E], certified check F_], cashier's check E], as deposit and part payment on the purchase of the property, situated in theft C, ; °T1 :mot t'^ �'� County of t!$rin , State of California, described as follows: being Uie mart 1-wst-erly portion of city owned property on Third *Ltreet adjar.,-anr, tr) thrd .obuuito V-%aatamraent District "ropertye Size of parcel %t fron;.aje on ':Ord fit by npyr 2 (.Or Jr, ria for less free and clear of encumbrance, unless otherwise noted, for the purchase price of k: iX TLOW A [' d�y,ry--`— ------------rrwir----------------------�w�.. dollars ($ 61000.O0 ) The balance of theptLrPase price is to be paid within thirty t 30� days from the date of acceptance hereof by seller, as follows: — AND IT IS HEREBY AGREED: (1) If purchaser fails to pay the balance of said purchase price, or to complete said purchase as herein provided, the amounts paid hereon, at the option of the seller, may be retained as consideration for the execution of this agreement by seller. (2) Evidence of title shall be a standard title insurance policy issued by MARIN COUNTY ABSTRACT COMPANY, and paid for by purchaser. Should title to said property prove defective under the standards established hereby and should seller be unable to perfect the same within three months after acceptance hereof by seller, or if the improvements on said property be destroyed or materially damaged prior to delivery of deed or agreement of sale, then at the election of and upon the demand of pur- chaser, said deposit and all other sums theretofore patd by purchaser forthwith shall be returned to purchaser, and this agreement shall be of no further effect, and seller thereupon shall become obligated to pay all expenses theretofore incurred in connection with search of title. (3) Taxes for the fiscal year ending June 30th subsequent to the date of delivery of deed or agreement of sale, premiums on insurance acceptable to purchaser, rents, interest and other expenses of said property shall be pro -rated as of the date of the delivery of deed or agreement of sale. Seller shall pay cost of revenue stamps and any expense connected with the removal of title defects. (4) This offer shall be deemed revoked unless the same shall have been accepted in writing within days after the above date, and written acceptance shall have been delivered to purchaser or to Broker within said period. In consid- eration of the efforts of said Broker to obtain acceptance hereof by seller, purchaser agrees not to revoke this offer during said period. (5) Assessments, if any, are to be paid by The Sol I e 'L_— _ (6) Possession of said property to be delivered to purchaser—_— 19 F-], on closing escrow F1, or ____ _____ days after closing escrow. (7) The property is sold subject to the approval of the seller. (8) This writing expresses the entire contract of the parties and there are no other understandings or representations, oral or written, which in any manner alter its terms. The Broker shall not be responsible for the failure of any party to comply with the terms of this contract. Time is of the essence of this contract, but Broker may, without notice, extend for a period of not to exceed one month the time for the performance of any act hereunder required to be performed, except the time for the accept- ance hereof by seller and date of possession. The undersigned purchaser offers and agrees to purchase the above described property on the terns and conditions above sttatetd,, anyd( acknowledges receipt of a copy hereof. 14liiJzHbi�.I"'�'F�3�i..l.�fi� �,,i,,• Real Estate Agent By Purchaser ACCEPTANCE The undersigned accepts the offer on the reverse side hereof and agrees to sell the property described thereon on the terms and conditions therein set forth and agrees to pay Broker therein named and employed by the undersigned to sell said property, as commission due at the time this transaction is closed and through the Escrow the sum of. — ...... — - --- -- - ----------------- -- - ---- ----------- — -- - — — — - - ----- - - -—------ — --- or one-half of the deposit in the event the same is forfeited by purchaser, provided such amount shall not exceed the full amount of said commission. - --------- — --- - ----- ----- --- — . 19 Seller Address Telephone .......... .... . FIIII Nil...................`�`.... - ............ CO:iel i'r COUNCIL MMINQ RE: ACTION""BY COUNCIL ORDERED FILE 011DFJW.-YYJTJWD T03 MOTION -ter � �r � �, �, oil ABY GOODALE MC INNIS WOOD MAYOR CULVER :21 AGENDA ITEM _ Y '• S .� ...... .- ...... .... ...�� .... ...r.r.�. ... �. -�... �'� a G�y,,�,�.�1��' �' �`� o �� G��O�� �� 5 �t ��.,,� �ioo, � d� .� � �� �-�- ��� ..., _.., . , , r COUNCIL WM., - ORDERED FILED ACTION* -';By C UNCir, ------------------ OMM-..UPMM TO: MOTIONs atyi GOODALE MC Ilc"lis WOOD MAYOR CULVER AGENDA ITEM L11 - reav- - r7li.-I L 41, AGM NU ITM COUNCIL MEEV"l __ ,�,��y,�-y RE ACTION':iBY COUNCIL ORDERED FILED ORDERU,REFERRED TO: MOTIONs ". A GOODALE MC INNIS WOOD MAYOR CULVER c: .s}1 ,ota AGENDA ITEM # AOEA ITS____.: r ME =mac/Ite COUNCIL MEET" i ju� 0 f 1 ACTION' -•BF COUNCIL ORDERED FILED ORDERED._.RE"J= TO s MOTION �Q ► V4 GOODALE MC INNIS WOOD MAYOR CULVER riyL. J AGEN15� ITEM # City Clerk April 219 1954 Mr. Harmon W. Bennett Top of La Lome, Berkeley 81, California Dear Mr. Bennetts At the meeting of the San Rafael City Council held Monday, April 19th, 19549 the council rejected all bids received to date to purchase the Municipal Yacht harbor Property. As you Will recall, the property will be listed through a committee of members of the County Real Estate Board. Enclosed is your Certified Check #4289 in the amount of $375.00 which accompanied your bid. Thank you for your offer and consideration. Very truly yours $ W . L e MORGAN City Clerk WLM/rb Enclo r1i2ttiC................�,-- .......................... C A L I F 0 R N I A GLENWOOD 4-1912 OFFICE:C ty Manager 19 April 1954 Mr, Corwin Redmond Redmond Maynard & Co. 1011 "A" Street San Rafael, Calif ornia Attentions Real Estate Committee appointed by the City Council Dear Mr. Redmonds This letter will provide you with written confirmation of the City Council's oral referral to the committee, the request that the committee recommend to the City Council a minimum listing price for the Municipal Yacht Harbor. In .connection with the referral of this request to the co=ittee, the Council also decided that the two parcels could be bid upon separately but that Parcel (2) Two (undeveloped portion), could not be sold unless Parcel (1) One was also sold& This letter will also provide you with written ctonfirmation of the Council's appointment of the following members of the Marin County Real Estate Board as members of the Real Estate Committees (gorge Kaenel, Desmond Mactavish, Ted r'ralze, Jerz7 Stone, and Corwin Redmond. This appointment was made at the 9 April 1954 Council meeting. In establishing; this committee, th© Council set forth the responsibility of the committee as extending; to all city —warned properties under consideration for sale# The City Council wishes to express to you and the Burin County Real Estate Board its thanks ana appreciation for your splendid and prompt cooperation, BLS S vC Yours very truly, 1WILBER SNMH City Manager File t7i7l:'it :'.!:N-,7.9 ---- •..................................... ...................... Sayi Rafte-I . Cuero A;=ii I-, ' '1954 -11-10 mro-aarcCo23 X�xyor ard 01-114, i�ound-2- Fan P:vTP.r--!. c;'*!-U.'c)Y-1--",-,-. CA eZ-A, le. --AC 11 - 10-cia-.1at for an Gval'zaIAO:! On 0-.*.-:,y of san yriow a -r-d a thorovigh Ib w ` ";-. Rafael 31 of avyox DO -Get, '.:O -'t t -.0- r M-CE cpw ;;02 At4c-�:- thz' -he at "tTa Ir. c z r- - y Z I tea{.:::) : r.. ar. 9 t, -:j d I3 Lf M.d. to CM-2 J"o, p. p File Ho . .................-2-7 ................... .............................................. -.— DEPOSIT RECEIPT F0A PURCHASE OF REAL PROPERTY 1Cv►!L Lc� ......., California......... • ......19_ v L- RECEIVED FROM__._____Armando Ettore_-Rubin .............................................. Address: ....Z050.. Fourth___Stre �t_,___San___Francsco-,�--_Calif ornia _ - Ta--- thouaand... aud--- x19/194ths--- ---- ........ DOLLARS as a deposit on account of purchase price of the following described property, situate in --- Cit_7r___of___aan__Raf_ael_ County of Marin, California: --- ab-out--- 1Q5Q--- f-o-o-t--- fr.ontzge... 1y: ng----a.].ang...Thirii__-Str_aat�East._.. of Grand Avenue with depth_ of about __ 300 feet on East end and a___bout 450 feet 6ii" ies-t...eHC1 known as Yacht Harbor, including a1 improvements hereon-- ------- The total purchase is..One--- hundr_ed__ten--- tho_us-and-.-and--- n.o/1.Q0-ths--- - --- -- - i1,10-.00fJtQQ)---Dollars; and the balance of same is to be paid within ------------------ 12.0---------------------------------------------- days from date hereof, as follows: ............................................................... -A1.1--Dash------- ---------•-----•---••---•.......-••........................................................... This offer subject to acceptancew th n__3___daya_a 't_� ___px�_e_nt_a_t_i.Qn....................... ................................................................................................................................................................................................................•-- AND IT IS HEREBY AGREED: 1st: That should the purchaser fail to pay the balance of said purchase price, or fail to complete the purchase, as herein provided, the amounts paid hereon may, at the option of the seller, be retained as the consideration for the execution of this agreement by the seller. 2nd: That the evidence of title shall be a Policy of Title Insurance issued through SAN RAFAEL LAND TITLE COM- PANY, to be furnished and paid for by the purchaser. Should the title to said property prove defective or unmerchant- able, and should the seller be unable to perfect the same within 90 days from the date hereof, all amounts paid hereon shall be returned to the purchaser, unless the purchaser elects to accept the title in said condition. 3rd: That should the improvements on said premises be destroyed or materially damaged prior to delivery of the Deed or Agreement of Sale to supersede this Deposit Receipt, all amounts then paid hereon shall be returned to the purchaser, unless the purchaser elects to complete the purchase regardless of the then condition of the improvements, in which case any insurance benefits shall be paid to purchaser 4th: That the taxes for the current fiscal year, interest and rents, shall be pro rated as of the date of closing of this tran- saction. Insurance shall be pro rated as above, at the option of the purchaser. 5th: That the deposit and all other payments called for herein, if made with other than lawful money of the United States of America, may be converted into cash immediately, unless otherwise provided for herein, and held subject to the terms of this deposit receipt. 6th: That the essence of this agreement is time. The undersigned real estate agent may, without notice, extend the time for an additional period of one month should said agent deem the extension is 1�7 7th: That the property is sold subject to the approval of seller. l _. ... ... :. Real Estat�nt. By.............................................. ..............................•------•-------------..... I agree to purchase the above described property on the terms and conditions herein stated, and hereby acknowledge that I have received a copy of this purchase agreement. 10 - 7 .. ..... - ....... .. ..�..... ' ' _. _..._......................................._ /- !------�---••-•----•--- ........... •..Gum-----...... Purchaser. :..n --------------------------------------------- -RAN RAFAEL LAND TITLE COMPANY 1017 Fourth Street, San Rafael — Phone GL. 4-4273 I agree to sell the --above- described property upon the terms and conditions herein stated, and agree to pay the above signed agent employed by me to sell said property as commission ......................._......per cent of the above purchase(, price, or one-half the amounts paid hereon in case same is forfeited by the purchaser, provided same shall not -exceed the -full amount of the commission. I hereby acknowledge -receipt of a copy of this agreement. ...................................................................................................... . Seller. .................................................................................................. Seller. City of ,San Rafael "Mission City of Marin" CALIFORNIA GLENWOOD 4-1912 OFFICE: City manager 9 April 1954 To the Honorable Mayor and City Council San Rafael, California Subject: Points discussed at a meeting of five (5) Realtors nominated by the Marin County Real Estate Board in response to City request for assistance on sale of Yacht Harbor. Gentlemen: 1. The five (5) realtors appointed by the Board are: Maynard Redmond, George Kaenel, Desmond Mactavish, Ted Fraize and Jerry Stone, 2. The following items constitute suggestions made by this group: (a) Council appoint one member of this group as chairman Who Will serve as the principal agent for the Council, (b) Property be placed on exclusive multiple listing through chairman with full commission going to the selling broker. Lister broker would receive no commission, (c) Appraisal: (1) Market value to be supplied by this committee which will draw on membership of the Marin Coun-V Real Estate Board for particularly qualified individuals. If this is not satisfactory, to the Council, an independent appraisal from appraisers selected by the Council. (2) There will be no charge for the appraisal since the Marin County Real Estate Board is receiving the multiple listing contract, (3) The market value submitted by the committee will contain a 5% commission. 3. The first offer received which meets the listed price and conditions of sale to be accepted. No final date for the submission of offers to be set. 4. The multiple listing notice of this property will be received by ninety-six (96) offices (including branch offices of the Marin County Real Estate Boards reaching approximately two hundred twenty (220) people. 1__1 at Coondi in minutest of...__.......................Pab ... . -._.. -.Cont.. . Hon. Mayor and City Cecil April 9' 19p4 Page - 2 r 5. Allen of Belvedere and Bredsgar of San Rafael are the only residents of Maxin County -rho have the designation "Member Appraisers'Institute' WS :-ve Respectfully submitted, i City Manager File No . .............. '_".._ ... ..... ............... .... Council Meeting ... _...... _........................... ®ispcsition ................. • ' Aso .4arin Couni Real floaurJ�nilqr ON THE GOLDEN SIDE OF THE GOLDEN GATE OFFICERS-1954 TELEPHONE GLENWOOD 4-07311 President 8 19 ,A" STREET A. N. NIPPER SAN RAFAEL, CALIFORNIA San Anselmo, Calif. Vice -President ARCHER FORSYTH April 7, 1954 Mill Valley Secretary Roy FARRINGTON JONES San Anselmo, Calif. Treasurer BLANCHE REDMOND San Rafael, Calif. Mr, Wilbur Smith Board of Directors City Manager C. H. ALLEN San Rafael, California San Anselmo, Calif. TED A. FRAIZE Dear Sir: San Rafael, Calif. JOHN F. WOODSON San Anselmo. Calif. The Marlin County Real Estate Board of Directors in executive session on Tuesday, April 6, 1954 appointed the following DrSMOND MACTAVISH San Rafael, Calif. (5) five Realtors located in San Rafael to serve for the City JERRY STONE of San Rafael in real estate matters if so approved by the San Rafael. Calif. San Rafael City Council. W. ROBERT MILLER Sausalho, Calif. George Kaenel- Kaenel Healion Realty Co. JACK MCCALLUM 1833 - 4th St, San Rafael Mill Valley, Calif. Jerry Stone - Jerry Stone Realty, 2228 - 4th St. KENNETH R. BALL San Rafael Director at Large San Rafael, Calif. ,Desmond Mactavish - 2048 - 4th St. San Rafael Executive Manager Maynard Redmond & Co. loll A St, San Rafael y DANIEL F. DGP.DY Del Monte Realty - Ted Fraize, 2042 - 4th St., San Rafael We sincerely hope that these Realtors meet with your approval and the Marin County Real Estate Board appreciates the opportunity to serve the Oity of San Rafael. Sincerely yours, Daniel F. Deedy, Exe Mgr, Marin County Real E ate Board /yoe k 7 Presented at Council i•.iectina Held.--.-- - --J --1-- 1•'S Recoro'ed in miliutes u............ r ...-,c(:S ail----------------------------------------- AShberry 3-4050-Res. LA. 4-1872 HARMON W. BENNETT, C. L. U. Realtor and Insurance Broker Top of La Loma, Berkeley 8 April 6, 1954 City Clerk City Hall San Rafael, California Dear Sir: 7 pO{'r �j,IGNA C O � g y T +4 o � / C l WJ •-. file Na.---------- ------------------ ---- Enclosed is certified check in the amount of $375.00 which represents the deposit of one-half of one percent on the bid 6f $75,000.00 which I was pleased to present to you last evening on behalf of my client, 11r. R. M. McKee. I shall assume that the Council is meeting at 8:00 P.M. Friday evening unless I should hear from you to the con- trary. - Thank you for your cooperation. b Enclosure Very 40UL�s, Harmon W. Bennett u.G , t/ "�' �------�""r--• to rN•tn 0 AShberry 3-4050-Res. LA. 4-1872 HARMON W. BENNETT, C. L. V Realtor and Insurance Broker Top of La Loma, Berkeley 8 Y JaFv c O a} uc April 5, 1954 7... _.................� I� ........... . ...... City Council of the City of San Rafael San Rafael California ". ....:;r:. 1fi&��i9+iilGy ............................ Bid is hereby made to purchase Parcel One (Western portion): Beginning at the point of intersection of the Easterly line of Grand Avenue and the Southerly line of Third Street, running thence Southerly along the Easterly line of said Grand Avenue and its extension southerly 434.00 feet more or less to the Northerly line of the San Rafael Canal as described in deed from the San Rafael Development Company to the City of San Rafael recorded April 14, 1934 in Liber 213 of Official Records at page 315, thence along said line S 760 30' 30" E 701.87 feet more or less to the Easterly line of Union Street if extended Southerly to its intersection with the Northerly line of said Canal, thence along said line N 150 19' E 354.3 feet more or less to the Southerly line of Third Street thence Westerly along said line 774.00 feet more or less to the point of the be- ginning. Subject to an Easement for Drainage purposes over a strip of land 10 feet in width lying Westerly adjacent to at parall wit' the Easter line of above described parcel; in the amount of ($ S000 o` ) . A deposit o.f one-half of 1;� of the bid purchase price is here- with enclosed. It is further agreed that wi thin three days of acceptance by the City the deposit will be increased to 10% of the net bid purchase price. It is further agreed that should the purchaser fail to pay the balance of the purchase price, or fail to complete the purchase, as herein provided, the amounts paid hereoh may, at the option of the seller, be retained as the consideration for the execution of this agreement by the seller._ The evidence of title shall be title insurance issued by a responsible title comparV to be furnished and paid for by the purchaser. Possession to be given upon date of transfer of title unless otherwise provided. It is understood that erected buildings upon leased areas are not included in the bid purchase price except for the inclusion of yacht master's building. It is understood that this offer is valid for fifteen (15) days from date, but that Mr. Harmon W. Bennett, my agent, may extend this time an additional fifteen (15) days if he deems it advisable. It is understood that full balance of the purchase price will be paid within sixty (60) days from date of acceptance. 2�� - /Dat e Q arch ser =re .. Council i,_. �_i :j ... .-l/�XY. ................. -.., Recorded in minutes Vol .....e-.....a----------- -e._Tube------------------- -. --- March 23, 1954 City Clerk Mr, Francis P, Jenkins 212 Mirada -Avenue San Rafael,, California Dear Mr, Jenkins Your letter and proposal to purchase Parcel No* 29 San Rafael Municipal Harbor property was presented at council Meeting held March 22, 1954, Enclosed in your letter was �:)150.00 in cash, being -:2- of One Per Cent of the amount of your bid according to Terms of Sale published in the local press. The action of the council was to reject the bids re— ceived and return the monies deposited with the bids to the respective bidders. Enclosed is City Treasurer's Check t#125 in the amount of $1.50.00 to refund the amount of your bid deposit. WLM/rb Encl. Very truly yours 9 W . L o MORGAN City Clerk F6E� P1�....................7 ....................... ----------------------------------- Py COUNCIL MEETIN' RE ACTION�BF COuulL ORDERED FILED ORDEREDAtEir IUM T 0 s MOVED SEC. AYES NOES 7 = 4 GOODALE MC INNIS WOOD MAYOR CULVER �4 �' 2 � I�Q � aeQ _ 7..................................... AGENDA ITEM # Daily Collection Report O Department City Clerk Collected by W. L. Morgan Date March 2-1, 1951+ DESCRIPTION AMOUNT .Oash Deposit presented with bid proposal purchase San Rafael Kunicipal Yacht Harbor Property by 150 0( Francis P. Jenkins 212 Mirada Avenue San Rafael (Notes Council rejected bids and ordered deposit refunded.) SIGNED I RECEIVED City Treasurer Tax Collector CSR 4-S TWO (Easterly Purtioa) BEGINNING at & oint in the b'ou'tL•erly line of Third Street which said line wolild be intersect-, ' ed by the Easterly line of Union' Street if extended Southerly across said Third Street: running thence S 15' 19' W 354.3 feet a:ong a con- tinuation of salci Easterly line of Union Street to the Northerly line of San Rafael Canal as described in that certain deed from S. K. Herzog Compeny and A F. Coch- rane, et ux to the City. of San Rafael and aecorded MaY•ch 10, 1920 in Volume 211 of Deeds tit page 440, running thence. -along said lisle S 761 30' 30" E 300.00 feet more or less to the Easterly lisle of that certain parcel conveyed by deed from S. K. Herzog anct Company. Alice Cochrane to the City of San Rafael recorded Aug- ust 27, 1943 in Liber 452 of Offi- cial Records at page 107. thence ❑long said line N 15' 19' E 292.31 feet more or less to a point on the Southerly line of Third Street, said point be:ng the most Easterly corner of the parcel described secondly in the above lastly re- ferred to deed, thence Westerly along the said Southerly line of Third Street 301.00 feet more or less to the point of beginning. Said property is not actually re- quired in the 'performance of a public function. No bid will be considered unless accompanied by Cash, Cashier's or Certified Check in the amount of not less than one-half l';_) of one percent of the bid pur- chase price. TERMS OP SALE Said sale, if made, will be for cash or upon terms as is deter- mined by said City Council to be the best upon the bids made. Each parcel may be bid upon and sold separately or the two parcels may he bid upbii and sold as one piece upon a single bid. All expenses of whatsoever kind or naturl of any such sale shall be borne bv, purchaser, except the costs of 'required legal publicatious and costs of the deed or deeds, if any. Said City Council rcrerves the the r+gitt to -reject apt?, ar :'I ?'_d (SE.tI.) W. LYNN MCIACkAN, City Clerk., No. 140=17e1.). 24, Alar. 3, 1954 City Council City of San Rafael California Gentlemen: March 22, 1954 You are hereby advised that I, Francis P, Jenkins desire to bid on Parcel #2 , being that parcel Beginning at a point in the Southerly line of third street which said line would be intersecting by the Easterly line of Union Street if extended Southerly across said Third Street eto. Said parcel belonging to the City of San Rafael. I wish to bid as follows: All cash within 90 (ninety) days subject to there being no easement of record extending through the center of property being bid upon. Amount bid $30,000*00 (Thirty -Thousand and No /100). Ve truly your Arancis p. J ins or his norainee P.Se Enclosed you will find �150,00(�One Hundred -Fifty and No/OO), being 2 of One% of amount bid as per notice inviting sealed bids or proposals for the purchase of municipally owned property in the City of San Rafael, Maria County, California i C: ------------- t�1�evli� ------------------------------ __tn_._�E_. ut vCli^iit _.��.••.•�_ R.eco=de3 in'.riir_n zs Vol..... ...... _.....?'aCe....�._...._. C�FfDRCt, W. REED �\ FRANK SILVA ! 5yt Stiff r r r r r r r. ;� rr4..;r4 NAPANA �l' RESORT _ P. O. BOX 549 - VALL .� C—ALIF. PHONE VALLEJO 3-9645 March 22, 1954 J7---�............� ------------------------------------------ -------------------------- --------------- City Council, San Rafael, California. Gentlemen: In answer to your Invitation to Bid 140, dated February 24, March 3, 1954, on property owned by the City of San Rafael, we submit the following: BID:- Parcel 1 and Parcel 2.......... $639000.00 Attached is our Cashier's Check in the amount of $630.00. Upon acceptance of this bid, we will deposit $10,000.00 in the Title Company and will pay the balance in 60 days. Respectfully submitted, GEORGE W. REED & ASSOCIATES, 75 Fairway Drive, San Rafael. 00, ;2 y �� Presented at CoWid'i Meet n g he1O.': :: n Recorded in minutes Vol ------------------------- ----Page ...... --------- ------ - ...,. GFORGSW. REED FRANK SILVA .-'ia �`'t'�.I• � � .i�Il�h NAPA-v L' - ;;k P. O. Bl� 549 • VALL PHONE VALLEJO 3-9645 60 March 22, 1954 City Council, San Rafael, California. Gentlemen: RESORT F. In the event of the acceptance of our bid covering property described in your invitation to bid #140, we propose to proceed with the following improve- ments upon said property: Project #l:- Start immediately the reconstruction of berthing facilities at the harbor with a view towards attracting the most de- sirable class of boats. Project ;2:- Revamp and landscape harbor area with trees, shrubs and benches. Rearrange present kuildings and provide berth and building space for Sea Scouts. Project #3:- Plan and erect a restaurant with suit- able floats and parking for both water and land patronage. Project -#4:- Bulkhead, fill, plan and erect a 20 to 25 unit apartment building on marsh land, Parcel #2, facing the harbor. We estimate the above improvements will cost approximately $250,000.00 and will require five years to complete. Very truly yours, GEORGE W. REED & ASSOCIATES, .75 Fairway Drive, San Rafael. ✓`.. . -y7 ! A niE;f.� -----•----•.._.— Btr ---------------------------------------------------- 'Proco; tea at Council �i�eCtlllg ileiil-.__ v v s �1 Recorded in minutes Vol ----------------------------- Page-----•--------------•------..- . NOTICE INVITING SEALED BIDS OR PROPOSALS FOR THE PURCHASE OF MUNICIPALLY OWNED PROPERTY IN THE CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA By Order of the City Council of the City of San Rafael, California. NOTICE is hereby given that on Monday, the 22nd day of March, 1954, at the hour of eight o'clock of aid City Council in thenCit Hall on "A' Street between Fourth and Fifth Streets, San Rafael, California, said City Council will publicly open, examine and de- clare all sealed bids or proposals for the purchase from said City of those certain lots or parcels of Jand in the City of San Rafael, and being more particularly de- scribed as follows, to wit: PARCEL ONE (Westerly Portion) BEGINNING at the point of Intersection of the Easterly line of Grand Avenue and the Southerly line of Third Street, running thence Southerly along the East- erly line of said Grand Avenue and -its extension southerly 434.00 feet more or less to the Northerly line of the San Rafael Canal as de- scribed in deed from the San Ra- fael Development Company to the City of San Rafael recorded April -14, 1934 in Liber 213 of Official .Records at page 315, thence alongg said line S 76" 30' 30" E 701.87 'feet more or less to the Easterl, line of Union Street if extents Southerly to its intersection with the Northerly line of said Canal, thence along said line N 150 19' E 364.3 feet more or less to the Southerly line of Third Street, thence Westerly along said line 774.00 feet more or less to the point of beginning. SU13JECTT to an Easement for Drainage purpposes over a strip of land 10 feet in width lying )Nest- terly adjacent to and parallel with the Easterly line of the above de-, serlbed parcel. PARCEL TWO {F ::iiterl7 1; ortirm) BEGINNIN(x at a ,point in the Southerly line of Third Street which said line would be intersect- ed by the Easterly line of on Street if extended Southerly across said Third Street, running thence S 15' 1T W 354.3 feet along a con- tinuation of sale Easterly line of Union Street to the Northerly line of San Rafael Canal as described in that certain deed from S. K. Herzog Company and M. F. Coch- rane, et ux to the City of San Rafael and recorded March 10, 1920 in Volume 211 of Deeds at page 440, running thence along said line S 76' 30' 30" E 300.00 feet more or less to the Easterly line of that certain parcel conveyed by deed from S. K. Herzog a11d Company. Alice Cochrane to the City of San Rafael recorded Augg- ust 27, 1943 in Liber 452 of Offi- cial Records at page 107. thence along said line N 15' 19' E 292.37 feet more or less to a point on the Southerly line of Third Street, said point being the most Easterly corner of the parcel described secondly in the above lastly re- ferred to deed, thence Westerly along the said Southerly line of Third Street 301.00 feet more or less to the point of beginning* Said property is not actualFi re- quired in the performance of a public function. No bid will be considered unless accompanied by Cash, Cashier's or Certified Check in the amount of not less than one-half (,,§ ) of one percent (1%) of the bid pur- chase price. TERMS OF SALE Sald sale, if made, will be for cash or upon terms as is deter- mined by said City Council to be the best upon the bids made. Each parcel may be bid upon and sold separately or the two parcels may be bid upon and sold as one piece upon a single bid. All expenses of whatsoever kind or nature of any such sale shall be borne by purchaser, except the costs of required legal publications and costs of the deed or deeds, if auSaid City Council rerervcs the the right to reject any or all Lids By order of the C:ivy Cnulxll. rSZLA.L•) W. LYNN m--GRC_+_N, City Clerk. No. 140—Feb. 24, Mar. 3, 1954 ,I A V ! iy N M 7c:r O � W 6" S R Co a'a Ci y ���f f'yc -7 - J� �, � .� za;� 0./11, b � 1 --,/✓ !� ° /g �f �%?� echo Fi►� � o............................ `.7........... ClSri setiag ............... _........................ ................................................ i NOTICE INVITING SEAS 71) BIDS OR PROPOSALS F( rHE PURCHASE OF 114UNICL, __iI.Y OWNED PROPERTY IN THE CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA By Order of the City Council of the City of San Rafael, California, NOTICE is hereby given that on Monday, the 22nd day of March, 1954, at the hour of eight o'clock p. m., at the Council Chambers of said City Council in the City Hall on "A" Street between Fourth and Fifth Streets, San Rafael, California, said City Council will publicly open, examine and de- clare all sealed bids or proposals for the purchase from said City of those certain lots or parcels of )and in the City of San Rafael, and being more particularly de- scribed as follows, to wit: PARCEL ONE (Westerly Portion) BEGINNING at the point of intersection of the Easterly line of Grand Avenue -And the Southerly line of Third . Street, running thence Southerly along the East- erly line of said Grand Avenue and its extension southerly 434.00 feet more or less to the Northerly line of the San Rafael Canal as de- scribed in deed from the San Ra- fael Development Company to the City of San Rafael recorded April 14, 1934 in Liber 213 of Official Records at page 315, thence along said line S 76' 30' 30" E 701.87 feet more or less to the Easterly line of Union Street if extended Southerly to its intersection with the Northerly line of said Canal, thence along said line N 151 19' E 354.3 feet morb or less to the Southerly line of Third Street, thence Westerly along said line 774.00 feet more , or less to the point of beginning. SUBJECT to an Easement for Drainage purposes over a strip of land 10 feet iri width lying West- terly adjacent to and parallel with the Easterly line of the above de- scribed 'parcel. PARCEL TWO (Lasterly Portion) BEGINNING at a point in the Southerly line of Third Street which said line would be intersect- ed by the Easterly line of Union Street if extended Southerly across said Third Street: running thence 8 15° 19' W 354.3 feet along a con- tinuation of saia Easterly line of Union Street to the Northerly line of San Rafael Canal as described in that certain deed from S. K. Herzog Company and M. F. Coch- rane. et ux to the City of San Rafael and recorded March 10, 1920 in Volume 211 of Deeds at page 440, running thence along said line S 76, 30' 30" E 300.00 feet more or less to the Easterly line of that certain parcel conveyed by deed from S. K. Herzog and Company, Alice Cochrane to the City of San Rafael recorded Aug- ust 27, 1943 in Liber 452 of Offi- cial Records at page 107, thence along said line N 15, 19' E 292.37 feet more or less to a point on the Southerly line of Third Street, said point being the most Easterly corner of the parcel describer! secondly in the above lastly re- ferred to deed, thence Westerly along the said Southerly litre of Third Street 301.00 feet more or less to the point of beginning. Said property is not actually re- quired in the performance of a• public function. No bid will be considered unless accompanied by Cash, Cashier's or Certified Check in the amount of not less than one-half (';_) of one percent (1°/p) of the bid pur- chase price. TERMS OF SALE Said sale, if made, will be for cash or upon terms as is deter- mined by said City Council to be the best upon the bids made. Each parcel may be bid upon and sold separately or the two parcels may be bid upon and sold as one piece upon a single bid. All expenses of whatsoever kind or nature of any such sale shall be borne by purchaser, except the costs of required legal publications and costs of the deed or deeds, if any. Said. City Council reserves' the the right_ to reject any or all bids. 131i order of the :, ;; (SEAL) W. LYNTN Mor,&,N, City ClerK. No. 140—Feb. 24, Mar. 3, 1954' Afftbttui# of Publiration -CITY OF-SAN-RAFAEL ---------------------------------- Olate a NOTICE INVITING SEALED BIDS OR PROPOSALS FOR THE (90=tl PURCHASE OF AiUNICIPAIdLY OWNED PROPERTY IN THE CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA By Order of the City Council of the City o1 San Rafael, California, +NOTICE is hereby given that on Monday, the 22nd day of March, 1 1954• at the hour of eight o'clock p. m., at the Council Chambers of said City Council in the City Hall on "A" Street between Fourth and Fifth Streets, San Rafael. CaliforU said City Council will publicly; o6n, examine and de- clare all healed bids or proposals for the .purchase from said City of those certain lots or parcels of land in the City of San Rafael, and being more particularly de- scribed as follows, to wit: PARCEL ONE (Westerly Portion) BEGINNING at the point of Intersection of the Easterly line of Grand Avenue and the Southerly line of Third Street, running thence Southerly along the East- erly line of said Grand Avenue and its extension southerly 434.00 feet, more or less to the Northerly line Of the San Rafael Canal as de - ,scribed in deed from the San Ra- fael Development Company to the City of San Rafael recorded April H, 1934 in Litter 213 of Official Records at. page 315, thence along said line S 71. 30' 30" E 701.87 feet more or less to the Easterly line of Union Street if extended Southeriy to its intersection with the Northerly line of said Canal, thence along said line N 15' 19' E 354.3 feet moreor less to the Southerly line & Third Street, thence Westerly, along said lire 774.00 feet more or Tess to ,.the point of begtnnin*, - SUBJECT to an Easement for Drainage purposes over a stripp of land 10 feet in width lying iVest- terly adjacent to and parallel with the Easterly lisle at the above de- scribed parcel. ' PARCE ' . O (EaerBEGINNING M�int in Southerly line. rd St r which said line jae inters ed by the Eas Ine of U Street: if extend atherly ac s said Third Str funning thence S 15° 19' W 31; t alone a con- tinuation of sa _ Easterly line- of Union Street t.o tRe Northerly line of San Rafael Canal as described in that certain Afed from S. K. Herzog Company alit( h1. F,. ch- rane, et ux to tDe City an Rafael and recorded Ma 10, 19'20 in Volumai lal' of s at page 440. running thence,alOng said Itne S 76' 30, ,0" E.100.60 feet more Qr less to the Easterly line of that certdn parcel conveyed by (teed from 'I4. K. Herzog and C ny, ADD' Cochrane 'to the f;� of Sang Refaei recorded Aug- 719*'Its Litter 452 o1 Offi- gI Ards at page 107, thence at I d line N 15` 19' E 292.37 fe or less to a point on tAgI.66iitherly line of Third Street, saitl.,J�mt being the most Easterly corner of the parcel described secondly in the above lastly re- ferred to deed, thence Westerly along the said Southerly line of Third Street 301.00 feet more or less to the point of beginning. Said property is not actually re- quired in the performance of a public function. No bid will be considered unless accompanied by Cash, Cashier's or Certified Check in the amount ;of not less than one-half 0 ) of one percent (1 ro) of the bid pur- chase price. TERMS OF SALE Raid ealn if made. _will be for NOTICE INVITING SEALED BIDS OR PROPOSALS FOR THE PURCHASE OF MUNICIPALLY OWNED PROPERTY IN THE CITY OF SAN RAFAEL Burnita C. Din�'<;iddie ------------------------------------------------------------ having been duly sworn, deposes and says: That _she is and at all tines hereinafter mentioned has been a citizen of the United States, over twenty-one years of age, that -she has no interest whatsoever in the proceedings mentioned above, and _s_he is not a party thereto; and that she is, and at all times hereinafter mentioned has been the _Principal clerk to the printer -and ___ publisher --------------------------------------------------------- o f the INDEPENDENT -JOURNAL, a newspaper of general circulation, printed and published daily, except Sunday, in the City of San Rafael, Harin County, California, and has had charge of all the advertisements in said newspaper, and that the -____- NOTICE_INVITING SEALED BIDS OR PROPOSALS FOR -THE PURCHASE OF -MUNICIPALLY -OWNED -PROPERTY IN THE ------- --------------------------------------------- CITY OF SAN RAFAEL of which the annexed is a printed copy, has been printed ------ in the above named newspaper, commencing _ February_24, _1954 and ending _March 33_1954 ------ both days inclusive, and that said publication was made during said period as follows, to -wit: ---one ----------- insertions on the following named days of the publication. __ February_24z_1954 --_- -------------------------- -------------------------- -----�- -=�1.� - ---------- Subscribed and sivorn to before me this __third_ ------_--- dap/ of ------ March -------------- A. D. 19__54. Notary Public in and for the county of Marin, o State of California: a •. ,