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HomeMy WebLinkAboutCA Accept Grants of Easements in Real Property on behalf of the CityCITY Agenda Item No: 3.e Meeting Date: December 17, 2012 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: CITY ATTORNEY Prepared by: Lisa A. Goldfien Assistant City Attorn City Manager Approvai))i SUBJECT: A Resolution of the City Council of the City of San Rafael Authorizing the Mayor and City Manager, Individually, to Accept Grants of Interests in Real Property on Behalf of the City. RECOMMENDATION: Staff recommends that the City Council adopt the attached Resolution. BACKGROUND: Occasionally the City receives grants of real property, or easements over real property, for public purposes. This often occurs during construction of public works, when the City has need for temporary and permanent easements, or to purchase small pieces of private property to widen or realign City rights- of-way. In order for these real property conveyances to be recorded in the official records of the County, the City must formally "accept" them and provide evidence of such acceptance, in the form of a Resolution or a "Certificate of Acceptance", to the County Recorder. Historically, acceptance of such conveyances has occurred by action of the City Council; however, the Government Code allows the Council to delegate this task to an officer or agent of the City. ANALYSIS: The City Attorney's office has drafted the attached Resolution that would authorize either Mayor Phillips or City Manager Mackie, so long as they retain their current positions, to accept real property conveyances on behalf of the City, and to sign the required Certificate of Acceptance for purposes of recording. This Resolution would not preclude the possibility of staff seeking approval from the City Council for the acceptance of any particular donation or acquisition of an interest in real property-, however, it would allow execution of the necessary Certificate of Acceptance without specific Council action in many cases where time is of the essence, such as in public works projects. FOR CITY CLERK ONLY File No.: 4 J ®f - Council Meeting: 12.1 / 7 1 Disposition: a— SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 FISCAL IMPACT: This Resolution will have no direct fiscal impact on the City, but, by avoiding the necessity of City Council approval of the acceptance of real property conveyances, it may allow certain public works projects to proceed at a faster pace than would be permitted if specific Council action were required. OPTIONS: The City Council may: 1. Adopt the attached Resolution; or 2. Do not adopt the Resolution, and require the City Council to accept each conveyance of an interest in real property. ACTION REQUIRED: Adopt the attached Resolution. ATTACHMENT: Resolution Authorizing the Mayor and City Manager, Individually, to Accept Grants of Interests in Real Property on Behalf of the City. RESOLUTION NO. 13472 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR AND CITY MANAGER, INDIVIDUALLY, TO ACCEPT GRANTS OF INTERESTS IN REAL PROPERTY ON BEHALF OF THE CITY. WHEREAS, from time to time the City of San Rafael receives, for public purposes, deeds and other documents granting the City interests in or easements upon real property, which documents require recordation; and WHEREAS, California Government Code Section 27281 requires that in order for any such deed or similar document to be recorded, it must be accompanied by evidence of the City's acceptance of the document and consent to its recordation, which may be in the form of a duly executed "Certificate of Acceptance" attached to and recorded with the document; and WHEREAS, pursuant to Government Code Section 27281, the City Council may authorize one or more City officers or agents to sign such Certificates of Acceptance on behalf of the City of San Rafael. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Rafael that so long as they continue in their current office or position with the City, the following persons shall each be authorized, on behalf of the City of San Rafael, to accept deeds and similar documents granting to the City any interest in or easement upon real property, to execute Certificates of Acceptance thereof, and to record the same: I. Mayor Gary O. Phillips; or 2. City Manager Nancy Mackle. I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 17th day of December, 2012 by the following vote, to wit: AYES: Councilmembers: Connolly, Heller, McCullough and Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None ESTHER C. BORNE, 6ty tlerk CITY OF SAN RAFAEL INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OFA CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. 3.e DATE OF MEETING: December 17 2012 FROM: Lisa A. Goldfien DEPARTMENT: City Attorney's Office DATE: November 30 2012 TITLE OF DOCUMENT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR AND CITY MANAGER INDIVIDUALLY TO ACCEPT GRANTS OF INTERESTS IN REAL PROPERTY ON BEHALF OF THE CITY. Department Head (sign ure) *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY APPROVED AS TO FORM: AGENDA ITEM: City Manager (si nature) City Attorney (signature) NOT APPROVED