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HomeMy WebLinkAboutCC Resolution 11633 (Terminate 515 Northgate Dr.)RESOLUTION NO. 11633 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A TERMINATION OF A COVENANT RUNNING WITH THE LAND OWNED BY THE SIERRA PACIFIC SYNOD OF THE EVANGELICAL LUTHERAN CHURCH IN AMERICA, AS SUCCESSOR IN INTEREST TO FAITH LUTHERAN CHURCH AND LOCATED AT 515 NORTHGATE DRIVE, SAN RAFAEL (APN#175-060-51 and 54) WHEREAS, the Sierra Pacific Synod of the Evangelical Lutheran Church in America (the "Synod"), as successor in interest to Faith Lutheran Church ("Church"), owns certain real property located at 515 Northgate Drive, at the corner of Northgate Drive and Los Ranchitos Road upon which a two story office building was developed in 1977; and WHEREAS, the zoning of the property was changed in 1974 to "Administrative - Professional"; and, WHEREAS, the Church and the City of San Rafael ("City") agreed that, though the "A- P" zoning of the property permitted residential uses, no residential uses should be allowed on the property and the Church and the City memorialized this agreement in a restrictive covenant running with the land, approved by Resolution of the City Council, copies of which are attached and incorporated herein; and, WHEREAS, on February 17, 2004, the City Council, upon recommendation of the Planning Commission and consistent with current General Plan policies, rezoned this property (APN 175-060-51 and 54) and the Synod -owned adjoining parcels (APNs 175- 060-52 and —53) to a revised PD District and approved the development by Elder Care Alliance of a 130 unit, 107,000 square foot assisted living facility (Alma Via of San Rafael); and, WHEREAS, the developer cannot complete construction financing arrangements unless and until this Covenant restricting residential uses on parcel APN 175-060-51 and 54 has been terminated by the City; and, WHEREAS, the Council finds that this restrictive covenant no longer serves any public purpose or necessity and that the development of an assisted living facility in the City will benefit the health and welfare of the citizens of San Rafael; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby affirms and declares: 1) That all of the facts recited above are true and correct. 2) That the City Council approves and authorizes the Mayor to execute the Termination of Covenant currently burdening property owned by the Sierra Pacific Synod of the Evangelical Lutheran Church in America, as successor in interest to Faith Lutheran Church, and located at 515 Northgate Road, APN 175-060-51 and 54; a copy of the Termination of Covenant is attached and incorporated herein. 3) That the City Clerk is directed forthwith to have the executed Termination of Covenant recorded with the Marin County Recorder's Office. 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 San Rafael City Council held on the 20th day of September, 2004, by the following vote to wit: AYES: Councilmembers : Cohen, Hel l er, Mi 11 er, Phi 11 i ps & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None JEANNE M. LEONCM, City Clerk When recorded, return to ELDER CARE ALLIANCE OF SAN RAFAEL 2361 East 29th Street Oakland, CA 94606 Attn: President/CEO TERMINATION OF COVENANT THIS TERMINATION OF COVENANT ("Termination Notice"), dated September 20, 2004, is made by the City of San Rafael. The City of San Rafael hereby terminates, releases and relinquishes that certain Covenant Running With the Land executed by Faith Lutheran Church, a California nonprofit corporation, recorded February 8, 1974 in Book 2763, Page 250 of the Official Records of Marin County, California, burdening the property located at 515 Northgate Drive, San Rafael, more particularly described as follows: Parcels 1 and 2, as shown upon that certain Parcel Map entitled "Parcel Map of Faith Evangelical Lutheran Church, a corporation (1130 O.R.515), San Rafael, Marin County, California", filed for record April 29, 1977 in Book 13 of Parcel Maps, at Page 90, Marin County Records, more particularly described as follows: Beginning at the Southwest corner of said Parcel 1; thence along the West boundary of said Parcels 1 and 2, North 15 .45'00" West a distance of 387.33 feet to the South right-of-way of Northgate Drive (formerly Del Presidio Boulevard) and the North boundary of said Parcel 2; thence, along said South right-of-way and North boundary, North 74.15'00" East a distance of 264.17 feet; thence around a 50.00 foot radius curve to the right, tangent to the previous course, through a central angle of 53.07'50" and an arc length of 46.365 feet to a point on the West right-of-way of Los Ranchitos Road and the East boundary of said Parcel 2; thence, along said West right-of-way and East boundary, South 15.45'00" East a distance of 367.33 feet to the Southeast Corner of said Parcel 1, thence, along the South boundary of said Parcel 1, South 74.15'00" West a distance of 304.17 feet to the Point of Beginning. IN WITNESS WHEREOF, the undersigned has executed this Termination of Covenant as set forth below. CITY OF SAN RAFAEL Dated: September 28 , 2004 By: 4-1-ti--� Mbert J.j;,oro, Mayor SPY r", 395.020 - Alma Via-Rels of Cov-9-16-04-revised2-CLEAN WRD CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Hari n On Tues., Sept. 28, 200'liefore me, Date personally appeared Albert J. Boro_ NANCY MANN _ Commission # 1464301 -: Notary Public - Colifallo Mo In County My Comm. Expires Feb 4.2006 ss. rdancy Hann, Notary Public Name and Title of Officer (e g., 'Jane Doe, Notary Public") Name(s) of Signer(s) —r XXpersonally known to me r 7 proved to me on the basis of satisfactory evidence to be the persorX whose name - (sf(� pFer subscribed to the within instrumen`f and acknowledged to me tha /�ef'/shegtj executed the same in ( i�/her/tllet authorized capacity(iegand- that byss/her/the? signature(sTon the instrument the person(4, or the entity upon behalf of which the person(sy acted, executed the instrument. WITNESS my hand and official seal. l4,1 _,..._. nature o� 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: Termination of Covenant, Faith Lutheran Church, 515 Northgate Dr. Document Date: -- Signer(s) Other Than Named Above: -- Capacity(ies) Claimed by Signer Signer's Name: Al bert J. Boro ❑ Individual ❑ Corporate Officer — Title(s): C7 Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact Number of Pages: -- Top of thumb here ❑ Trustee `( ❑ Guardian or Conservator XIXI Other: Mayor_ Signer Is Representing:. City . San Rafael d Q 1999 National Notary Associallon • 9350 De Soto Ave. P.D. Box 2402 • Chatsworth. CA 91313-2402 • www nationalnotaryorg Prod No 5907 Reorder; Call Toll -Free t -SC 0 B76-6827 COVENANT RUNNING WITH TFM L-40 The covenants contained herein are made in consideration of the following facts and circumstances: (a) Faith Lutheran Church, a California non-profit corporation, is the owner in fee simple of that certain real pro- perty situated in the City of San Rafael, Marin County, California, and more particularly described in Exhibit A attached hereto and incorporated herein. (b) Said real property is presently located in an R -1:B-1 (Residential) zoning District -as prescribed by the City of San.Rafael, and is under consideration for rezoning to an A=P (Administrative -Professional) Zoning :District, - --- (d) Certain residential uses. of.- the subject property . would be permitted under the 9-P(Adminis'tra.tve-Professional)_Zon, ing District,.but it is the desire of Faith Lutheran Church, con- curred in by the City of -San Rafael acting through its City Council, to preclude residential use irrespective of such zoning. IT IS THEREFORE COVENANTEE) as follows: 1. No residential structure shall be erected, placed or maintained on the real property described in Exbibit A attached hereto. 2. Said covenant is for the benefit of, and shall be enforceable by, the City of San Rafael and for the benefit of pro- perty owned by said City in the vicinity of the subject property. 3. The within covenant shall run with the land and shall be binding on the present owner and all persons and parties claiming r., r 5a.;a-1:A:125,. i 427 3 RtCORtO_U AT REQ�ijcST CdY of San Rawl AT11, � MIN. PAST td. REB 8-1974 Mdi b*- 14 ftp C=01;, UZ. FEF RLMRDEA �i Q03. MA2 (613 FAZ'!�"1_0 `, • under it until such time as such covenant in released and relin- quished by the City of San Rafael. Dated: November 19. 1973 FAITH LUTHERMN CHURCH, a California non-profit corporation by by State of Califo nia County. of 44=1r_ On -November 19 1973, -before me, the undersigned, a NOtarY1­PUb21CL-in -and �!tor �s aid, S.rate_;­-:person& I ly`appea�eod -Bellinger ,`known to* meth to' e- -be the azid Eleanor J. Baker sp.,known to me tp_- ..�e411gx of the C014wi4tio.rn..1 that- &xeicuteq t e within Instrument, --known to me to.bethe:,i?dsons.whb=exei-,uted-tbe-""-*-"- *ri thin Instrument on behalf of -Lhe-' corporation th6re'in­named, and acknowledged to ire that such corporation executed*the,within IrLstrument pursuant to itsbylawsor a resolution. -of its board of directors. WITNESS my hand and official seal. No or ttYeis e 0 Cal orn.a 01 an Rafael Ll GO AV. ;a251 DESCRIPTION All that certain real property situate in the City of San Rafael, County of Barin, State of California, described as followss Beginning at a point on the northerly line of the parcel conveyed by Manual T. Freitas, -et al, to Faith Evangelical Lutheran Church by deed recorded July 26th, 1957 in Bork 1134 of Official Records at page 515, Marin County Records, said point being distant thereon Borth 74. 15, East 234.05 feet from ttm northwesterly corner of said parcel and running thence south 15. 45' East 192.79 feet from Parcel A thence North 74. 151 East 314.01 � feet to a point in the easterly Lina of said parcel, thence ► along the easterly and northerly lines thereof North 15' 45' East 142.79 feett thana o. a curve to the left whose radius is 50.0 feet; tangent 9 the last preceding course through a central angle of 900 it distance of 78.54-feetr and thence South 74' 15' West 264.0 feet to the point of beginning. , Excepting therefrom -,.the -portion eonvsysd-'Eo'.C(Yi6 fy of 'Merin .by. deed recorded August 19 1960 in. Liber. 1391 of. Offici&I Rjjcordg at P,p _180, bei.ng._a .strip- of, land- nd jaclaht • to •the -4asterly •line of the above described..psrcel� _- EXHIBIT A (To Covenant Running aith the Land - Faith Lutheran Church) 1WT16ry *. A RESOLUTION AUTHORIZING THE SiGMINO OF A LEASE OR AGREEMENT TILE CITY COU14Cit. of THE CITY OF SAN WAIL MCREpY RESOLVES m -� folirn+s: Thm MAYOR and CITY CLERK are authorlred to execute. on behalf of the City of San Rafael a lease or avreeeamt. with Covenant ItUnnino vfth TTw CBnd - Fafth Lutherao Orirch A edgy of which is hereby attached and by this reference euda . part, hor*nf. . of M;1Jt.t." Ai: EItADt►,''C1ey_taark,o€ the CItj of Son &I, hereby cer�l,ty'that:.6ht.farogoina. reinl„L_lon was.duly and regularly_ Introdoced-and=adopted at . ---' lig - :neetlnq�af the " City Covell of said City held on � a the 1192 day of j , 19 74 by the following rota, to bit: AYES: COU*CIUtEN: J"ten, Hishlenn, Mulryan. Nixon and mor Battini. POES : Cd1.'l:C i LK£N: I6+o. ABSENT: COWICILMEN: horny, }i7X".,� l MR41(t! A. UptADY City Clark r