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HomeMy WebLinkAboutCC Resolution 12198 (Lands of Kent)RESOLUTION NO. 12198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE LANDS OF KENT - 260 MARGARITA DRIVE, APN 016-012-61 AND A PORTION OF THE LANDS OF PELZ - 5 MORGAN LANE, APN 016-012-63 REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY TO THE CITY OF SAN RAFAEL BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, Stephen F. Kent and Marcia N. Kent are the owners of real property located at 260 Margarita Drive, APN 016-012-61 and Peter Pelz and Judi M. Pelz are the owners of real property located at 5 Morgan Lane, APN 016-012-63; and WHEREAS, Stephen F. Kent and Marcia N. Kent applied to the San Rafael Sanitation District to connect to the District Sewer Line; and WHEREAS, the property APN 016-012-61 and a portion of APN 016- 012-63 are not within the Sanitary District boundary and not within the City limits; and WHEREAS, in order to connect to the SRSD sewer line, it is necessary to ANNEX to the Sanitation District, which is subject to approval by the Marin Local Agency Formation Committee (LAFCO); and WHEREAS, LAFCO has approved the annexation subject to certain conditions as outlined in LAFCO Resolution No. 06-16; and WHEREAS, Stephen F. and Marcia N. Kent and Peter and Judi M. Pelz have agreed to these conditions as outlined in the Agreement entitled "Agreement Regarding Future Proceedings for Annexation of Real Property to the City of San Rafael". NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Rafael that the Mayor is authorized to sign this Agreement on behalf of the City of San Rafael, and the Public Works Director is directed to record such agreement with the County Recorder. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 201h day of February, 2007, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller and Phillips lVi . JE NE M. LEONCINI, City Clerk File No.: 02.02.15.01 When recorded mail to: City of San Rafael Department of Public Works 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 Attention: Andrew J. Preston, Director SPACE ABOVE THIS LINE FOR RECORDER'S USE AGREEMENT REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY TO THE CITY OF SAN RAFAEL This Agreement is made and entered into this 5 -Ph day of Fcloruw , 2007, between the CITY OF SAN RAFAEL ("City"), THE KENT 1994 FAMILY TRUST DATED MARCH 23, 1994, and PETER PELZ AND JUDI M. PELZ REVOCABLE TRUST DATED SEPTEMBER 14, 1994 (hereinafter collectively referred to as "Owner") and is based upon the following facts and circumstances: (a) Owner holds fee title to that certain real property ("the Property") as more particularly described in Exhibit "A" attached hereto; (b) Owner has initiated proceedings to connect to the public sewer and has applied for and received conditional approval for annexation to San Rafael Sanitation District pending Owner's execution of this Agreement. Application for annexation to San Rafael Sanitation District would normally require concurrent annexation to the City of San Rafael unless waived or deferred; and (c) The City has agreed to defer annexation of the Owner's property on the conditions set forth hereinafter in this agreement, and consistent with the pertinent provisions of LAFCO Resolution No. 06-16 attached hereto as Exhibit "B" and incorporated. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. Owner agrees on behalf of himself, his heirs, successors and assigns that in the event any future proceedings for annexation of Owner's property shall be initiated by the City, Owner shall neither directly nor indirectly oppose or protest such annexation. 2. Owner agrees that the obligations recited herein shall run with the Owner's property and that the property shall be held, conveyed, hypothecated, encumbered, leased, rented, used and occupied subject to the provisions of this Agreement and that the obligations undertaken by Owner hereunder shall be binding on all parties having or acquiring any right, title or interest in the property. OWNER: DATED: rte. , 2007 ffHE KENTh 994 FAMILY TRUST DATED MARCH 23, 1994 BY STEPHEN F. KENT, CO -TRUSTEE DATED: Feb, 5 , 2007 '� rE� KENT 94 AMILY TRUST TED MARCH 23, 1994 BY MARCIA N. KENT, CO -TRUSTEE DATED: 2 /� , 2007 PLTER PELZ AND JUDI M. PELZ REVOCABLE TRUST DATED SEPTEMBER 14, 1994 BY PETER PELZ, CO -TRUSTEE N DATED: 0.2, — l„2-,-, 2007. DATED: °'� , 2007 ATTEST: &. e7 anne Leoncini, City Clerk z,--- h- 4 A ,� VR' PELZ AND JUDI` M. PELZ CABLE TRUST DATED SEPTEMBER 14, 1994 BY JUDI M. PELZ, CO -TRUSTEE 9 CITY OF SAN RAFAEL By: / A B RT BOLO, Ma(yor ACKNOWLEDGMENT State of California County of MARIN On February 20, 2007 before me, Esther Colette Beirne, Notary Public (here insert name and title of the officer) personally appeared Albert J. Boro personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sh®A Oey executed the same in his/harAheir authorized capacity0es), and that by his/Meir signature(* on the instrument the person(s), or the entity upon behalf of which the person(-&) acted, executed the instrument. ESTHER camE BEIRNE WITNESS my hand and official seal. Commisslon#t423444 .m Notary PubUc - Caufomla 7 Marin County Signature S(�v�r' 6, µ' �}�� ���.��� d® MYComm.ExplresJunto "We7f �iu�. ����� ,,W. ��M�p, ���,i�,.,,�^u�^ �o�i° yiiiiNl6� 6iY �W� �„�w�u�' (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 1` Y-1 r) On F7rbnkUA 1�I before me, �tQ lel C HQ {�'j Ntb '� lX� i ( G O.Ap ""� Mame and Title of Ofiiaer (e.g_., ane Notary Public") personally appeared pCfer I C-�. Z. aj-d J Ud I_ M Names) of Signer(s) EWNE J. MALFAM Coanvnbslon * I 11111111110 Notay Ftp - CaWamio My Comm. Expkes Aup 7, 201 I III mh u,illli lliWl� �IIi,�iV � I, iV "„i i I, ❑ personally known to me -JZ,(or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) Aare subscribed to the within instrument and acknowledged to me that l�he/they executed the same in hh / r/their authorized capacity(ies), and that bye?1 lltheir signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above • P�l.r. yf.ry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document , Title or Type of Document: Q PYOg_&C �D` d Of- Document � t I Document Date: F 2 ,.Nu-_mbber of Pages- i Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ............. V V Individual V...I Corporate Officer — Tftle(s): Partner — V:: I Limited ❑ General Attorney in Fact Trustee Top of thumb here V.....'I V I Guardian or Conservator Other: -_- Tklj,S; . Signer's Name: L] Individual I Corporate Officer — Tttle(s): L] Partner — i : Limited i General J Attorney in Fact i Trustee u. i Guardian or Conservator ,Other: CO— r='►J +r --e We Top of thumb hero Signer Is Representing. Z'� Signe p q: P — j� r Is Re resentin KU o„-IJUd-1 M. j t M. �c� o ca b4e. T _ ._w. t— ata 1164 4 ,t2 8N Net on N utary A ,r,rt a .lia;!uv • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA '91313-2402 Item 5907 Reorder Call Toll -Free 1-800-876-6827 EN EXHIBIT "A" ANNEXATON OF THE LANDS OF KENT AND PELZ TO SAN RAFAEL SANITATION DISTRICT LAFCO FILE NO. 1276 MAPPING NO. 06 - All that certain real property, situate in portion of Rancho San Pedro, Santa Margarita Y Las Gallinas in the County of Marin, State of California, described as follows: BEGINNING at the Southwesterly corner of Parcel I as same as laid down and delineated on that certain parcel map entitled, "Lands of Finley", filed July 22, 1996 in Volume 23 of Parcel Maps at Page 44, Marin County Records; said point also being a point on the San Rafael Sanitation District Boundary; 1. Thence along said Sanitation District boundary South 85'00'00" East 454.70 feet; 2, .-Thence South -.0_1!00'0V' East 138.7 feet;, 3. Thence North 85'00'00" West 163.65 feet; 4. Thence South 89'03'01" West 77.79 feet; 5. Thence South 72'03'21" West 56.73 feet; 6. Thence South 40'15'00" West 10 1. 66 feet to the easterly right-of-way line of Margarita Drive; 7. Thence leaving said Sanitation District boundary and proceeding along the easterly right-of-way line of Margarita Drive North 9'16'00" West 56.25 feet; 8. Thence North 19025'00" West 160.87 to point on said Sanitation District boundary; 9. Thence continuing along the easterly right-of-way line of Margarita Drive and said District Boundary North 31°21'00" West 62.26 feet to the point of beginning. Containing 1.50 acres, more or less. Prepared by: ILS Associates, Inc. 4 ng L. Schwartz R.C.E. 18221 6/28/2006 Job No. 7900 EXHIBIT "B" MARIN LOCAL AGENCY FORMATION COMMISSION RESOLUTION NO. 06-16 RESOLUTION MAKING DETERMINATIONS AND APPROVING ANNEXATION TO SAN RAFAEL SANITATION DISTRICT WITH WAIVER OF NOTICE, HEARING AND ELECTION "Annexation of the Lands of Kent & Pelz to the San Rafael Sanitation District (File 1276)" WHEREAS, a proposal for the annexation of certain territory to the San Rafael Sanitation District in the County of Marin has been filed with the Executive Officer of this Local Agency Formation Commission pursuant to Title 5, Division 3, commencing with Section 56000 of the Government Code; and WHEREAS, said proposal was made in the form of a petition filed by the property owners; and WHEREAS, said petition was accompanied by written consent signed by all owners of land within the territory proposed to be annexed; and WHEREAS, pursuant to Government Code Section 56663, when a petition is accompanied by written consent signed by all owners of land within the territory proposed to be annexed, this Commission may make determination with respect to said annexation without notice and hearing; and WHEREAS, pursuant to Government Code Section 56663(c), the affected territory is uninhabited; all the owners of land within the affected territory have given their written consent; and the affected local agency that will gain territory, San Rafael Sanitation District, has consented in writing to a waiver of conducting authority proceedings, this Commission may make determination with respect to said application with waiver of conducting authority proceedings; and WHEREAS, the Executive Officer has reviewed the proposal and prepared a report, including a recommendation thereon, the proposal and report having been presented to and considered by this Commission. Resolution 06-16 -2- August 10, 2006 NOW THEREFORE, the Marin Local Agency Formation DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: Section 1. The boundaries, as set forth in the proposal, are hereby approved as submitted and are as described in Exhibit "A" and "B" attached hereto subject to the following condition: A. Approved map and legal description to be provided by the applicant. B. Proceedings for the annexation shall not be completed until the property owner and the City of San Rafael execute and record an agreement wherein: 1. The property owner agrees on behalf of himself, his heirs, successors and assigns that, in the event any future proceedings for the annexation of the property to the City of San Rafael shall be initiated by the City, the owner shall neither directly nor indirectly oppose or protest such annexation; and 2. That the owner agrees that his obligations under the agreement shall run with the property and that the property shall be held, conveyed, hypothecated, encumbered, leased, rented, used and occupied subject to the provisions of the agreement and that the obligations undertaken by the owner shall be binding on all parties having or acquiring any right, title, or interest in the property. Section 2. The territory includes 1.5 acre, is found to be uninhabited, and is assigned the following distinctive short form designation: "Annexation of the Lands of Kent & Pelz to San Rafael Sanitation District (File 1276)". Section 3. The proposal is consistent with the adopted sphere of influence for San Rafael Sanitation District. Section 4. The Executive Officer is hereby authorized to complete annexation proceedings in the manner prescribed by Section 57000 of the Government Code. Resolution 06-16 M August 10, 2006 PASSED AND ADOPTED by the Marin Local Agency Formation Commission on this 10th day of August, 2006 by the following vote: AYES: Commissioners Blanchfield, Asbo, Heller, Rodoni, McGlashan, Slavitz, Kinsey NOES: None ABSENT: None JEFFRY BLANCHFIELD, Chairperson ATTEST: PETER V. BANNING, Ex17, ve Officer EXHIBIT "A" ANNEXATON OF THE LANDS OF KENT AND PELZ TO SAN RAFAEL SANITATION DISTRICT LAFCO FILE NO. 1276 MAPPING NO. 06 - All that certain real property, situate in portion of Rancho San Pedro, Santa Margarita Y Las Gallinas in the County of Marin, State of California, described as follows: BEGINNING at the Southwesterly corner of Parcel 1 as same as laid down and delineated on that certain parcel map entitled, "Lands of Finley", filed July 22, 1996 in Volume 23 of Parcel Maps at Page 44, Marin County Records; said point also being a point on the San Rafael Sanitation District Boundary; 1. Thence along said Sanitation District boundary South 85°00'00" East 454.70 feet; -2. Thence. South 0.1 °00' 0.W' East 138.7 feet; 3. Thence North 85°00'00" West 163.65 feet; 4. Thence South 89°03'01" West 77.79 feet; 5. Thence South 72°03'21" West 56.73 feet; 6. Thence South 40'15'00" West 101.66 feet to the easterly right-of-way line of Margarita Drive; 7. Thence leaving said Sanitation District boundary and proceeding along the easterly right-of-way line of Margarita Drive North 9°16'00" West 56.25 feet; 8. Thence North 19°25'00" West 160.87 to point on said Sanitation District boundary; 9. Thence continuing along the easterly right-of-way line of Margarita Drive and said District Boundary North 3 V21'00" West 62.26 feet to the point of beginning. Containing 1.50 acres, more or less. Prepared by: ILS Associates, Inc. ' ng L. Schwartz R.C.E. 18221 6/28/2006 Job No. 7900 A�rESS 1`43. 18221 rn END. 30-07 N r' 0 �o "n vo H Yea ©o "Y S Y o) Co Q WfiW� W ,o° l�C-i -) jaeti po ry 56.25'\`� 160.87 , ' - ! 6 �-�-� a N0976 00 W Q62.2"W N1 AROTA� _ 40 f N�1 r21 RaW ' _____- MAR - o m o � tih =0 � qo 51 vo o) Co Q WfiW� W ,o° l�C-i -) jaeti po ry 56.25'\`� 160.87 , ' - ! 6 �-�-� a N0976 00 W Q62.2"W N1 AROTA� _ 40 f N�1 r21 RaW ' _____- MAR - o m o � tih =0 � qo 51