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HomeMy WebLinkAboutCC Resolution 11615 (178 Main Dr. Annexation)RESOLUTION NO. 11615 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND STAN URBAN REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY AT 178 MAIN DRIVE, APN 186-042-02, TO THE CITY OF SAN RAFAEL BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, Stan Urban is the owner of real property located at 178 Main Drive, APN 186-042-02; and WHEREAS, Stan Urban applied to the San Rafael Sanitation District to connect to the District Sewer Line; and WHEREAS, the property APN 186-042-02 is not within the Sanitary District boundary and not within the City limits; and WHEREAS, in order to comlect 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. 03-22; and WHEREAS, Stan Urban has 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". at ff�j nI I AL �� \\b 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 2nd day of August, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, 11i l l er, Phillips & flgor Boro NOES: COUNCILMEMBERS: done ABSENT: COUNCILMEMBERS: None JE E M. LEONCINI, City Clerk File No.: 02.02.1.01 When recorded mail to: City of San Rafael Department of Public Works 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 MARIN COUNTY RECORDER AUG 0 6 2004 Attention: Andy Preston, Director County Of Marin JOAN C. THAYER 2z B/6/2004.22:20pe C-006 TOTAL •00 NO FEE .00 TOTAL TENDERED DOM .00 02:5" 06 -Aug -2004 25408 In Thank You Have R Nice Day RPUBLIC ed By: SPACE ABOVE THIS LINE FOR RECORDER'S USE CNote; Certified copy of Resol utton #11615, adopted 6y, San Rafael City Council 8/2/E14, �ttachegj AGREEMENT REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY TO THE CITY OF SAN RAFAEL (Annexation of the Lands of Urban to the San Rafael Sanitation District) This Agreement is made and entered into this day of 2004 between the CITY OF SAN RAFAEL ("City") and STAN URBAN ("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) As a result of the filing of a Petition seeking annexation of the subject property to the San Rafael Sanitation District, the Marin Local Agency Formation Commission has conducted proceedings and approved the request annexation, pursuant to its Resolution No. 03-22 adopted on February 12, 2004, application for such annexation to the 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. 03-22 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: '2004 STAN URBAN /� �-�h AtJN C ft-� I S , t's:clQ. r CITY OF SAN RAFAEL DATED: J S , 2004 By: 1 : (f C V, �" - �� '-� 1 ALBERT BQ, Mayor ATTEST: Jeanne Leoncini, City Clerk W C', CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Zz', iI On t� J / '� before me, l�J:1 /V 6%,—/,,/, Date Na.'and Title of Officer (e g., "Jane Doe, Notary Public') personally appeared i� n f 'i !`�✓ Names) of Signer(s) Piq)ersonally known to me 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/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed -t instrument. WITN:Vl� rid and offi?Public eal. 4V1_ _ Signature otary OPTIONAL Though the into mation below is not required by law, it may prove valuable to persons relying on the document and could prevent rra, virrlani ramnvaf a.,r1 rAan­hrr,ent of this Corm to another document � Description of Attached Document i Title or Type of Document: , �II/]f'X�7 r� S� Document Date: " 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by gn r Signer's Name: o� �r l tty Individual C ❑ Corporate Officer — Title(s): ❑ Partner — Li Limited Genera r� ❑ Attorney -in -Fact l� ❑ Trustee r� ❑ Guardian or Conservator �.( ❑ Other: N Signer Is Representing: iA /12 t Number of Pages: X/ WWROM Top of thumb here C<j-,c-, 'ice c�C t-��.,-�,d-��.:. ver-- -- =rrr.�-�:,`r-•�:J,- - -r:'. - . _ . __ z,!: a. C•.'<.=__��. = - - -:. .rte-,:>_ Q 1999 National No._., , P.O Box 2402 • Chatsworth, CA 91313-2402 • www nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876.6827 r ,.:, • `;� DON BURKHARDT t D 4 COMM #1495403 NOTARY PL•eLIC-CALIFORNIA Q MAR,IV COUNTY 0 1 v My ComnvExpires June25, 2008 Piq)ersonally known to me 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/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed -t instrument. WITN:Vl� rid and offi?Public eal. 4V1_ _ Signature otary OPTIONAL Though the into mation below is not required by law, it may prove valuable to persons relying on the document and could prevent rra, virrlani ramnvaf a.,r1 rAan­hrr,ent of this Corm to another document � Description of Attached Document i Title or Type of Document: , �II/]f'X�7 r� S� Document Date: " 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by gn r Signer's Name: o� �r l tty Individual C ❑ Corporate Officer — Title(s): ❑ Partner — Li Limited Genera r� ❑ Attorney -in -Fact l� ❑ Trustee r� ❑ Guardian or Conservator �.( ❑ Other: N Signer Is Representing: iA /12 t Number of Pages: X/ WWROM Top of thumb here C<j-,c-, 'ice c�C t-��.,-�,d-��.:. ver-- -- =rrr.�-�:,`r-•�:J,- - -r:'. - . _ . __ z,!: a. C•.'<.=__��. = - - -:. .rte-,:>_ Q 1999 National No._., , P.O Box 2402 • Chatsworth, CA 91313-2402 • www nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876.6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Marin ss. on August 4, 2004 before me, Nancy Hann, Notary Public Date Name and Title of Officer (e g., "Jane Doe, Notary Publicl personally appeared Albert J. Boro Name(s) of Signers) R personally known to me ❑ proved to me on the basis of satisfactory evidence NANCY HANN Commission # 1464301 Notary Public - caHromla Marin County My Comm. Expires Feb 4, 2008 1 to be the personjs)lwhose nameW' is74re subscribed to the within instrumen)- and acknowledged to me that(l a/she/they executed the same in LQ/her/tFjeir authorized capacityoeg), and that by Sys'/herfWeir signature(sron the instrument the personSW, or the entity upon behalf of which the person�*- acted, executed the instrument. WITNESS my hand and (official seal. Signalur� 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 Agree. Re Future Procedings for Annexati n of Title or Type of Document: real property to CSR ?(Lands of Stan Urban Document Date: June 15, 2004 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Albert J. Boro ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator M Other: P1avor Signer Is Representing: City of San Rafael Stan Urban Number of Pages: -- Top of thumb here © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 - www nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-B00-876-6827 EXHIBIT A ANNEXATION Of The Lands of Urbanscapes to the San Rafael Sanitation District Mapping No. 11/03 Beginning at a point on the existing boundary of San Rafael Sanitation District of Marin County, said point also being on the existing boundary of the San Rafael City Limit Line, said point also being the most northerly corner of Lot 7, as shown on that certain parcel map entitled "Map of Bayside Acres, Sub'd No.2", recorded November 29, 1913 in Book 4 of Maps at page 61, Marin County Records; 1. thence along said Sanitation District boundary, also being said San Rafael City Limit Line, also being the property line of said Lot, S61°14'E, 26.84'; 2. thence S50'24'E, 524.10% 3. thence leaving said San Rafael City Limit Line S47'37'E, 26.61'; 4. thence S22'20'W, 49.70'; 5. thence S43°15'W, 50.00'; 6. thence S53'21'W, 49.96'; 7. thence S69'59' W, 49.60'; 8. thence S74'32'W, 49.90'; 9. thence S87'59'W, 78.42'; 10. thence leaving said Sanitation District boundary N30'55'W, 29.14'; 11. thence N62'22' W, 224.00'; 12. thence N65'38'E, 22.43'; 13. thence N51'ITE, 104.77'; 14. thence NI 0'00'E, 100.00'; 15. thence N 13'03' W, 217.8 7' to the Point of Beginning. Containing approximately 2.85 acres. January 6, 2004 Jay Hallberg, J.L. Engineering 1539 Fourth Street, San Rafael, CA 94901 Tel: (415) 457-6647 Fax: (415) 457-2517 EXHIBIT B MARIN LOCAL AGENCY FORMATION COMMISSION RESOLUTION NO. 03-22 RESOLUTION MAKING DETERMINATIONS AND APPROVING ANNEXATION TO SAN RAFAEL SANITATION DISTRICT WITH WAIVER OF NOTICE, HEARING AND ELECTION "Annexation of the Lands of Urban to the San Rafael Sanitation District (File 1251)" 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. 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: Resolution 03-22 -2- February 12, 2004 Proceedings for the annexation shall not be completed until the applicant and the City of San Rafael execute an agreement wherein: a. 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 b. 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 2.85 acres, is found to be uninhabited, and is assigned the following distinctive short form designation: "Annexation of the Lands of Urban to San Rafael Sanitation District (File 1251)." 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 reorganization proceedings in the manner prescribed by Section 57000 of the Government Code. PASSED AND ADOPTED by the Marin Local Agency Formation Commission on this 12th day of February, 2004 by the following vote: AYES: Cbmmissioners Adams, Blanchfield, Eklund, Rodoni, Rose and Slavitz NOES: None ABSENT: None JEFFRY BLANCHFIELD, Chairperson ATTEST: -P441, (7:) PETER V. BANNING, Exe ve Officer