HomeMy WebLinkAboutCC Resolution 12370 (Lands of Forgan)RESOLUTION NO. 12370
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND
JEFFREY AND NATHALIE FORGAN RE FUTURE
PROCEEDINGS FOR ANNEXATION OF THE LANDS OF
FORGAN AT 130 DEER PARK AVENUE, APN 016-041-02, TO THE
CITY OF SAN RAFAEL
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, Jeffrey Forgan and Nathalie Forgan are the owners of real
property located at 130 Deer Park Avenue, APN 016-041-02; and
WHEREAS, Jeffrey Forgan and Nathalie Forgan applied to the San Rafael
Sanitation District to connect to the District Sewer Line; and
WHEREAS, the property APN 016-041-02 is 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. 06-03; and
WHEREAS, Jeffrey Forgan and Nathalie Forgan 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 15th day of October, 2007, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
A4
JEANT� M. LEONCINI, City Clerk
File No.: 02.02.15.01
IV
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'3f;CORDIIIVG I�EAt�
+ 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
2007-00G 1 722
Recorded I REC FEE 0.00
Official Records I
County of I
Marin I
JOAN C. THAYER I
Assessor—Recorder I
I
I
02:14PM 24—Oct-2007 I Page 1 of 10
HECEIVE-L,
QV 1. 2007
PUBLIC WORKS DEPT
CITY OF SAN RAFAEL
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 .2 1 day of
ScPi c= r�BF� , 2007, between the CITY OF SAN RAFAEL ("City") and
JEFFREY,,FORGAN and NATHALIE FORGAN ("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. 06-03 attached hereto as Exhibit
"B" and incorporated.
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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: s- , 2007
J EFiGAN %
Marin County
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DATED: -�3 , 2007
ATTEST:
Je r Leoncini, City Clerk
NATHALIE FbRJ
CITY OF SAN RAFAEL
B
y A' BYRT BORO, Mlyor
2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
c� State of California ?j
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County of
On : �LV2 , c -i. �� 2a'C' 7 before me, �L1
Date Name and Title of Officer (e.g,'Ane Doe. Notary Public- 1�
personally appeared Je rpA `-1 rZ-IF,(-Argy A,,Jp NkTYAe,145
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Name(s) of Signer(s)
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to me on the basis of satisfactory
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to be the perso (s)) whose nam`ti.�J' i are `?
subscribed to th within instrument and
acknowledged to me that he/sh the xecuted
the same in his/he heir authorized
capacit (es _ and that by his/he eir
signature)son the instrument the person or
the entity upon behalf of which the persor((s 3
acted, executed the instrument.
WITNESS my hand and official seal.
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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. t�
Description of Attached Document
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Title or Type of Document: i�GI:ec-n,,Fwr
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Number of Pages: , 'D
Document Date:
S gner(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signers Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
<<; ❑ Other:
Signer Is Representing:
1
S 1999 Nal onal Notary Association - 9350 De Soto Ave., P.0 Boz 2402 - Chatsworth CA 91313-2402 - www.Naltonaholary.org Prod No. 5907
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Reorder: Call Toll Free 1.800.876.6827
ACKNOWLEDGMENT
State of California
County of MARIN
On October 23, 2007 before me, Esther C. Beirne, Notary Public
(here insert name and title of the officer)
personally appeared Albert Boro
11
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s,CisIlare subscribed to the within instrument and
acknowledged to me that/she/they executed the same in&/her/their authorized
capacity(ies), and that by01 /her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
ESTHER C. BE1RNE
WITNESS my hand and official seal. COmmUMM I 1744402
Notary PubNc - California
Matin County
MvCtmrn. E+mirtJv� )A,ROI��
Signature'
(Seal)
EXHIBIT "A"
FORGAN ANNEXATION
TO
SAN RAFAEL SANITATION DISTRICT
Mapping No.
BEGINNING at a point on the boundary of the San Rafael Sanitation District, said point
being also the most southeasterly corner of the lands granted to Jeffrey Forgan and
Nathalie Forgan in that certain Grant Deed recorded May 21, 1999 as, Document Number
1999-0039345; running thence from said POINT OF BEGINNING along said boundary
of Forgan North 78° 40' West 255.9 feet to the easterly line of Deer Park Avenue; ;
thence along the easterly line of Deer Park Avenue North 1° 41' East 100.0 feet; thence
leaving Deer Park Avenue North 570 49' East 230.4 feet, more or less, to the southerly
line of Summit Avenue; thence southeasterly along the southerly line of Summit Avenue
on a curve with a radius of 333.0 feet the center of which bears North 44° 22' East
through an angle of 90 32' an arc length of 54.91 feet; thence running South 55° 10' East
37.17' to the most northeasterly comer of Forgan; thence leaving said line of Summit
Avenue and running South 51 14' West 217.7 feet, more or less, to the POINT OF
BEGINNING.
Containing approximately 1 acre.
Date:
C
7351.annex.doc
11/23/2005
EXHIBIT "B"
MARIN LOCAL AGENCY FORMATION COMMISSION
RESOLUTION NO. 06-03
RESOLUTION MAKING DETERMINATIONS AND APPROVING ANNEXATION
TO SAN RAFAEL SANITATION DISTRICT
WITH WAIVER OF NOTICE, HEARING AND ELECTION
"Annexation of the Lands of Forgan to the San Rafael Sanitation District (File 1272)"
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 06-03 -2- March 9, 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 1.0 acre, is found to be uninhabited, and is
assigned the following distinctive short form designation: "Annexation of the Lands of
Forgan to San Rafael Sanitation District (File 1272)".
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 06-03 -3- March 9, 2006
PASSED AND ADOPTED by the Marin Local Agency Formation Commission on
this 91h day of March, 2006 by the following vote:
AYES: Commissioners Adams, Blanchfield, Heller, Rodoni and Slavitz
NOES: None
ABSENT: Commissioners Asbo and McGlashan
JEFFRY BLANCHFIELD, Chairperson
ATTEST:
PETER V. BANNING, Exec. ' e Officer