HomeMy WebLinkAboutCC Resolution 11929 (Lands of Daphne/Bacciocco)RESOLUTION NO. 11929
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY AND BACCIOCCO
ENTERPRISES, LLC REGARDING FUTURE PROCEEDINGS FOR
ANNEXATION OF REAL PROPERTY, LANDS OF
DAPHNE/BACCIOCCO, 200 LUCAS VALLEY ROAD (APN 164-
270-03), TO THE CITY OF SAN RAFAEL
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, BACCIOCCO ENTERPRISES, LLC (a California limited
liability company, as to an undivided 50% interest), DAPIINE A. DAPHNE (Successor
Trustee of the Survivor's Trust u/t/a dated 3/24/87) and DAPHNE A. DAPHNE
(Successor Trustee of the Non-exempt Marital Trust u/t/a dated 3/24/87, as to an
undivided 26% interest), DAPHNE A. DAPHNE (Trustee u/t/a dated 12/7/95, as to an
undivided 6% interest), Laurel Daphne (as to an undivided 6% interest), O. Krestine
Daphne (as to an undivided 6% interest), and Nikke Daphne (as to an undivided 6%
interest) are THE OWNERS of real property located at 200 Lucas Valley Road, APN 164-
270-03; and
WHEREAS, THE OWNERS applied to the Las Gallinas Valley Sanitary
District to connect to the District Sewer Line; and
WHEREAS, the property APN 164-270-03 is not within the Sanitary
District boundary and not within the City limits; and
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WHEREAS, in order to connect to the LGVSD sewer line, it is necessary
to ANNEX to the Sanitary 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. 05-02; and
WHEREAS, THE OWNERS 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.
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 March, 2006, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JENANNE 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: Director of Public
Works
SPACE ABOVE THIS LINE FOR RECORDER'S USE
(NOTE: Certified copy of Resolution #11929, adopted by San Rafael City Council 3/20/06, attached.
AGREEMENT REGARDING FUTURE
PROCEEDINGS FOR ANNEXATION OF
REAL PROPERTY TO THE CITY OF SAN RAFAEL
jj
) This Agreement is made and entered into this 20TH day of MARCH
200,6 between the CITY OF SAN RAFAEL ("City") and BACCIOCCO
ENTERPRISES, LLC., a California limited liability company, as to an undivided
50% interest; DAPHNE A. DAPHNE, Successor Trustee of the Survivor's Trust
u/t/a dated 3/24/87 and DAPHNE A. DAPHNE, Successor Trustee of the Non-
exempt Marital Trust u/ t/ a dated 3/24/87, as to an undivided 26'//0 interest,
DAPHNE A. DAPHNE, Trustee u/ t/ a dated 12/7/95, as to an undivided 6%
interest, Laurel Daphne, as to an undivided 6% interest, O. Krestine Daphne, as
to an undivided 6% interest, and Nikke Daphne, as to an undivided 6% interest
(collectively) and is based upon the following facts and circumstances:
(a) Owners hold fee title to that certain real property ("the Property")
as more particularly described in Exhibit "A" (legal description and map)
attached hereto;
(b) As a result of a petition for the annexation of certain territory to the
Las Gallinas Valley Sanitary District having been filed with the Executive Officer
of the Marin Local Agency Formation Commission, the Commission has adopted
its Resolution No. 05-02 approving the annexation of the property referred to
above in Paragraph (a). A copy of the Commission resolution approving said
annexation is attached hereto as Exhibit "B" and incorporated.
(c) The above -referenced LAFCO resolution expressly provide that
proceedings for the annexation here involved shall not be completed until
applicants Grant and the City of San Rafael executes and records an agreement
by which the Grants agree that in the event that any future proceedings for the
annexation of the subject property to the City of San Rafael are initiated by the
City of San Rafael, the Grants or their successors in interest, shall not oppose or
protest such annexation.
(d) The City of San Rafael has agreed to defer annexation of the
Owners property on the conditions set forth hereinafter in this Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE
PARTIES HERETO AS FOLLOWS:
1. Owners agree on behalf of themselves and their heirs, successors
and assigns that in the event any future proceedings for annexation of Owners
property shall be initiated by the City of San Rafael, Owners shall neither directly
nor indirectly oppose or protest such annexation.
2. Owners further agree that the obligations recited herein shall run
with the Owners 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 Owners
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of �_RAdl3� 5
OnQ�. c*)t before me, I7 t T.. tt - , 1�-1-TARS
Dalt Name and Title f Officer (e.g., "Jane Doe. Notary Public I
personally appeared E b WA ;zD A + �.
Names. op, ianen.$)
personally known to me
„wvide;pee
EDITH Y. WAVERS
Comff"w # 161 t 27a
NotorY RM - C011iom40
Son Francisco CorxdY
ff.r, comm, E> Oct 0,
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bcaia 'if 4V)af71ster-j_
to be the person(j) whose name(t) is/afe--
subscribed to the within instrument and
acknowledged to me that helishalthey executed
the same in his/l'^'',tir,�T14e4c authorized
capacity(iea), and that by his/4e44;4r
signature(g) on the instrument the person(tp), or
the entity upon behalf of which the person()
acted, executed the instrument.
ITNESS my hand and off ial seal
-
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a e Notary Seal Above Signa' a of N.. ary 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 �� 12 E
Title or Type of Itg�cument: � M �flf`r ► ��/3 P�7 I&Y
•t'�2.b �s�� N`Css
Document Date: T-PrN - e_4, Nn Number of Pages:
Signer(s) Other Than Named Above: R'Q+-N E' _ _ AP )i-At4_= _
Capacity(ies) Claimed by Signer
Signer's Name: L�"D UT►MR.b �.�.�.�
Individual Top of thumb here
+✓Corporate Officer—Title(s):
Partner — Limited C General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
'i Signer Is Representing 14tt�,, ENnakpjk�-S ,
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0 1999 National Notary Association - 9350 be Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800.876-6827
J
CITY OF SAN RAFAEL
DATED: / '2005 BY
' I ALBERT .BbRO, Mayor
ATTEST:
eanne Leoncini, City Clerk
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
f4ARI N ss.
On Harch 28, 2006 before me, Esther Colette Bei rne, Notary Publ i c
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public')
personally appeared Albert:J. Boro
Name(s) of Signer(s)
[X personally known to me
❑ proved to me on the basis of satisfactory
evidence
ESTHER COLETfE BEIRNE
@my
Commission # 1423444
Notary Public - California
Marin County
Comm. Expires Jun 10, 20071
to be the person(-) whose namek4 is/are
subscribed to the within instrument and
acknowledged to me that he/ske4l;W executed
the same in his/kir/thole authorized
capacity(ies), and that by his/bE.Ut#esir
signature(z) on the instrument the personal, or
the entity upon behalf of which the person(4
acted, executed the instrument.
WITNESS my hand and official seal. ,171
J�sll C,(2,7a �
Signature of Notary 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: Agreement regardi nq future proceedings for Annexati o
of Real Property - Bacciocco / Daphne A. Daphne
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name: Albert J. Boro
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: City of San Rafael
Top of thumb here
0 1999 National Notary Association - 9350 De Solo Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827
CLTA Preliminary Report
Description:
Order No. �_ . -4-1640931-PH
EXHIBIT "A"
All that certain real property situate in the County of Marin, State of California,
described as follows:
BEGINNING at a point on the Westerly line of California State Highway 101, at the
Southeast corner of the parcel of land conveyed in the Deed from State of California to
Trustees of the Dixie School District of Marin County, California, dated November 1,
1950 and recorded January 5, 1951 in Book 677 of Official Records, at Page 324; thence
leaving said Highway line and running along the Southerly line of said parcel, North 69°
18' West 151.54 feet; thence North 5° 10' East to the Southerly line of that certain parcel
of land described in the Deed from Julia T. Sequeira, et al, to Barhugh Estates, Inc., a
corporation, recorded December 30, 1957 in Book 1162 of Official Records, at Page 599,
Marin County Records; running thence along said Southerly boundary line West 1060.0
feet; thence South 750 00' West 200.0 feet; thence South 59° 00' ifiiEest 500 feet; thence
North 30° 00' West 175.0 feet; thence Northwesterly in a straight line 186.0 feet, more or
less, to a point in the Eastern line of Las Gallinas Avenue, as shown upon the map of
Marinwood Unit 3A, recorded January 13, 1956 in Volume 9 of Maps, at Page 3, Marin
County Records; distant thereon 140.950 feet Northerly from the most Southern corner
of said Las Gallinas Avenue; thence along said last named line, South 15° 08'30" West
140.950 feet to said Southerly corner of Las Gallinas Avenue; thence along the exterior
boundary lines of that certain parcel of land described as Parcel One in the Deed from
Julia T. Sequeira, et al, to Barhugh Estates, Inc., a corporation, recorded June 29, 1956
in Book 1038 of Official Records, at Page 611, Marin County Records, South 740 51' 30"
East 110.0 feet to a point distant 15.0 feet, measured Westerly from the centerline of
existing Pacific Gas and Electric Gas main; thence running parallel to said gas main,
South 16° 08'30" West 120.0 feet; thence leaving said parallel line, South 74° 51' 30"
East 210.0 feet, South 44" 26' East 128.0 feet, North 74° 51' East 274.0 feet, North 37' 55'
East 81.0 feet, South 52° 47' East 361.0 feet, South 30° 30' East 215.0 feet, South 610 32'
West 382.0 feet, North 51° 24' West 216.0 feet and South 84° 26' West 657.0 feet, mbre or
less, to a point 15.0 feet Westerly from the center of said gas main; thence running
parallel to said gas main, South 200 40' West 430.0 feet; South 19° 56'20" East 287.79
feet, and South 20° 21'30" East 611.47 feet to the Northerly boundary line of Parcel 2 in
that certain parcel of land described in the Deed from Julia T. Sequeira, et al, to The
County of Marin, a political subdivision, recorded July 14, 1961 in Book 1479 of Official
Records, at Page 578, Marin County Records; running thence along said Northerly
boundary line on a curve to the right whose center bears South 33° 57' 01" West with a
radius of 4057.00 feet through an angle of 2° 52' 50" a distance of 203.97 feet; thence
South 63° 3447" East 103.53 feet, South 39° 53'37" East 103.63 feet; thence on a curve
to the right with a radius of 4057.00 feet, whose center bears South 290 41'44" West
through an angle of 3° 37' 16" a distance of 256.40 feet to a point that bears North 430
19' East 57.00 feet from Engineer's Station 67+52.80 feet; thence South 511, 11' East
398.43 feet, South 140 40' 07" East 58.97 feet, South 39° 08' 53" East 372.97 feet to a
concrete monument on the Northerly boundary of heretofore mentioned Lucas Valley
Road; thence along said Northerly line North 59° 56' West 347.63 feet; thence on a curve
- continued -
CLIA Preliminary Report
Order No. 2, j4 -1840931 -PH
to the left with a radius of 50 feet for a distance of 96.69 feet to the intersection with the
Westerly line of the California State Highway 101; thence along said highway fine North
90 15' 50" East 287.5 feet, North 11 ° 05' 50" East 498.26 feet, North 20° 01' 55" West
286.53 feet, North 27° 04'36" East 472.78 feet, North 9° 13' East 413.71 feet, North 01, 51'
31" East 469.74 feet, North 50 10' East 210.00 feet, North 14° 23'48" East 405.25 feet and
North 5° 12' East to the point of beginning.
EXCEPTING THEREFROM that portion described in two parcels in the Deed from Julia
T. Segueira, et al, to D. M. Christensen Construction Company, Inc., a California
corporation, recorded January 9, 1964 in Book 1768 of Official Records, at Page 62,
Marin County Records.
EXHIBIT "B"
IARRIN LOCAL AGENCY FORh4 TION COtAR�HSSION
RESOLUTION NO. 05-02
RESOLUTION MAKING DETER.P�IINAzT'IONS AND APPROVING ANNEXATION
TO LAS GALLI!:NAS VA=LLEY SI NTFAR`y DISTRICT
1, STM WA TVER OF NOTICE, HEARING AND ELECTION
A_nnexatiort of the Lands of Daphsne-Bacciocco to Las Gallinas Valley Sanitary District
(File # 1265)"
WHEREAS, a proposal for the annexation of certain territory to the Las Gallinas
Valley Sanitary 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 56WO of
the Government Code; and
WHEREAS, said proposal was made in the form of a petition filed by the
property owner; and
WHEREAS, pursuant to Government Code Section 56663, when a resolution is
accompanied by written consent signed by all owners of land within the territory
proposed to be annexed, this Conurtission may snake deters-drotion 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, Las Gallinas
Valley Sanitary District, has consented in writing to a waiver of protest proceedings,
this Commission may snake deterrninations with respect to said application w-itb waiver
of protest proceedings; and
IEREAs.S, the Executive Officer has reviewed the application and prepared a
report, including a recommendation thereon, the application and report having been
presented to and considered by this Commission.
NOW THEREFORE, the Marin Local Agency Formation DOES HEREBY
RESOLVE, DETERh4D14E AND ORDER as follows:
Section 1. The Commission certifies that it has reviewed and considered the
Environmental Impact Report prepared for this project by the County of ldlar;n.
Resolution 05-02 -2- May 12, 2005
Section 2. The Co_mn-fission finds that changes or alterations to the project and
mitigation measures to lessen environmental effects to less than significant levels as
identified in the Oakmew Final Environmental Impact Report are within the responsibility
of the County of Marin and not LAFCO. The County of Marin, acting as lead agency,
has adopted a mitigation monitoring and reporting plan in which the County, staff is
responsible for compliance and is empowered to sanction non-compliance.
Section 3. 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. 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 4. The territory includes 28.5 acres, is found to be uninhabited, and is
assigned the following distinctive short form designation: "Annexation of the Lands of
Daphne-Bacciocco to Las Gallinas Valley Sanitary District (File 1265)".
. Section 5. The proposal is consistent with the adopted sphere of influence for Las
Gallinas Valley Sanitary District.
Section 6. The Executive Officer is hereby authorized to complete reorganization
proceedings in the manner prescribed by Section 57000 of the Government Code.
Resolution 05-02
-3-
May 12, 2005
PASSED AND ADOPTED by the Marin Local Agency Formation Coirz- n ssion
on this 121h day of May 20D05 by the following vote:
AYES: commissioners Adams, Asbo, Blanchfield, Rodoni., McGlashan and Slavitz
NOES: None
ABSENT: commissioner Heller
I
ATTEST:
4_ze
L •may
PETER ` - BANNING, Ex e Officer
r
JEFFRY BLANCHFIELD, Chairperson