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Home My WebLink AboutCC Resolution 11232 (Lands of Hofferman)RESOLUTION NO. 11232 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND RAY HOFFMAN III REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY, LANDS OF HOFFMAN, 50 FAIRWAY DRIVE, APN 16-021-14, TO THE CITY OF SAN RAFAEL THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, an agreement with Mr. Ray Hoffman, III regarding future proceedings for annexation of real property to the City of San Rafael, a copy of which is hereby attached and by this reference made a part hereof. 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 re alar meeting of the Council of said City on Monday, the 16th day of December, 2002, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None A4JE NE M. LEONC''INI, City Clerk File No.: 02.02.15 When recorded mail to: City of San Rafael Department of Public Works 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 Atteni r IN 88Uv�ernardi, Director RECORDER JAN 0 2 2003 aunty Of Marin JOAN C. THAYER 2003-0000284 REC FEE TOTAL TOALE TTENDERED CHANGE 1/2/200312:06ps . 00 .00 00 .00 .00 01:20PM 02 -Jan c003 20030102000283 wendy ASSESRH53P711 SPACE ABOVE THIS LINE FOR RECORDER'S USE (Note: Certified copy of Resolution #11232, adopted by San Rafael City Council 12/16/02attached) AGREEMENT REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY TO THE CITY OF SAN RAFAEL This Agreement is made and entered into this �4�11 day of CKfObe.(- , 2002, between the CITY OF SAN RAFAEL ("City") and RAY HOFFMAN III ("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. 02-21 attached hereto as Exhibit "B" and incorporated. 9 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. DATED: A Ee , 2002 DATED: DECEMBER 16 , 2002 ATTEST: J46nne Leoncini, City Clerk OWNER: RAY HOFFM II CITY OF SAN RAFAEL By: 'ALmeERT BORO, Mayof CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ' F"a r i n ss. on Tues., Dec. 10, 2002 before me, Nancv Hann_ Amin- Acct___ Date Name and Title of Officer (e.g.. "Jane Doe. Notary Publ.c'j personally appeared Ray Hoffman, III Name(s) of Signer(s) ❑ personally known to me X( proved to me on the basis of satisfactory evidence NANCY HANN C COMM. 01248639 1 ">m NOTARY PUBIIC•CA_;FORNIA ♦., - MARIN COUNTY 0 My Comm. Expires Feb.4, 2004 .4 I— — — — .,i to be the person whose name(af (Gare subscribed to the within instrument and acknowledged to me thaoshe/tl}eTlexecuted the same in / /their authorized capacity(yeS)- an that by�i(Js° iter/thefir signatur*T—on the instrument the person(a)'or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. ig..lure of Notary Pu 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 ppocu ent (Pe: bO Fairway Dr,; APN 16-021-14) Title or Type of Document: _._Agee re Future Proceed inos for Annexation of Real Property to City of San Rafael Document Date: Oct. 24, 2002 Number of Pages: -- Signer(s) Other Than Named Above: Albert Ji. Bo ro . Ma vo r . C i t v of San Ra fa.e-L Capacity(ies) Claimed by Signer Signer's Name: Ray Hoffman. III MICIN 111911111 ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — U Limited '_-1 General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator U Other: Owner Signer Is Representing: c. ;c-•`�. :T"v ': i��.�r. •� f7 - r -ac': --c---n �c---c--- c ic••-r- c-`•. � ._ ,�.• _�;;,�'..=%t.(_, :�,�.,:._r ._„_ ��.��_t�'S`.i;'-.r:-=1:%c;`t.:%C%�-'��•G�',;�_`';,�%c.��c,`.�C,�w„�/,`��.(�C;��/v'1--c:u.`�`--!J�w'L�`•4-�,•,r.: 0 1999 National Notary Association - 9350 De Soto Ave. P.O. Boz 2402 - Chatsworth. CA 91313-2402 - www nationalnotary org Prod No. 5907 Reorder! Call Toll -Free 1-800.876-8827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Marin On Fri., Dec. 27, 2002 beforeme, Nancy Hann, Notary Public Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public") personally appeared Albert J. Bo ro Name(s) of Signer(s) XXpersonally known to me - proved to me on the basis of satisfactory evidence NANCY HANN n COMM #124MO ux NOTARY PUBLIC-CA..;FORNIA MARIN COUNT' 0 l v Y v vMy Comm. Expires Feb. 4, 2004 to be the persono' whose name( subscribed to the within instrument and acknowledged to me that 19/som-Abey-executed the same in19/her/their authorized capacityW, and that by &herttbeir signature(aron the instrument the person(sj, or the entity upon behalf of which the persov4e)- acted, executed the instrument. WITNESS my hand and official seal. gnafure of Notary kbllc 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 (Re: 50 Fairway Dr.,; APN 16-021-14) Title or Type of Document: Agree, re Future Proceedings for Annexation of {teal Property t6 City of San Rafael Document Date: Oct. 24, 2002 Number of Pages: -- Signer(s) Other Than Named Above: Ray Hoffman, III 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 U Other: Mayor Signer Is Representing: City of San Rafael MICULIM 1091111111 Top of thumb here C 1999 National Notary Association • 9350 De Soto Ave, P.O. Boz 2402 • Chatsworth, CA 91313-2402 • www nalionalnotary org Prod. No 5907 Reorder: Call Tall -Free 1-B00-676.6627 EXHIBIT "A" Sheet 1 of 2 ANNEXATION OF THE LANDS OF HOFFMANN TO SAN RAFAEL SANITATION DISTRICT (FILE #1212) BEGINNING at the most easterly corner of the lands of Hoffmann in that certain deed recorded December 14, 1990 recorded as Document No. 90-71189 Official Records of Marin County, said POINT OF BEGINNING being also on the boundary of the San Rafael Sanitation District; 1. Thence leaving the boundary of the San Rafael Sanitation District and running along the boundary of said Lands of Hoffmann (DN 90-71189) and along Fairway Drive North 620 49' West 41.00 feet; 2. Thence leaving Fairway Drive and running North 331 37' West 59.00 feet; 3. Thence South 441 10' West 209.40 feet; 4. 'Thence South 82° 19' West 165.27 feet; 5. Thence North 2° 57' West 185.86 feet; 6. Thence South 85* 46' East 100.00 feet; 7. Thence North 511 32' East 180.13 feet to the boundary of the San Rafael Saaitation District; 8. Thence running along the boundary of the San Rafael Sanitation District South 330 37' East 91.66 feet; 9. Thence North 561 23' East 20.00 feet; thence South 330 37' East 144.79 feet to the POINT OF BEGINNING. CONTAINING an area of 1.26 acres, more or less. Date: June 24, 2002 AV4VE8110��! haw and DPW Mapping No. 22/01 5945 P. 04 0 y� fir C10- jE k. ��`i�.� 6832 Hoffman Annex 6/24/02 0 SUBJECT PROPERTY Sheet 2 of 2 SAN RAFAEL SUMM�r q ` O / PT SAN PEDRO N I LOCATION MAP \ NOT TO SCALE /\ I / \ 0 100 210 , 48 FAIRWAY DR \ ` SCALE at FEET ' APN 16-021-54 I 46 FAIRWAY DR APN 16-021-49 II ' I _ I S33 -37'E I 310 HIGHLAND AVE��. = 91.661 APN 16-021-46 I �4�°,:::: `::: - >>5s'23 E 40 FAIRWAY DR 20.00 44 APN 16-021-43 � :..... --- - - 100,00 , �� EXISTING DISTRICT I :.....:.... .:::;:� BOUNDARY 80 FAIRWAY DR ;: LANDS OF HOFFMAN APN 16-021-52- 50 FAIRWAY DR '�- P.O.B. APN 16-021-1 4 ON 90-71189 AREA = 1.26 ACRE;::: •51, I / �_ _ - z :....::::::::;::::::::: 82. VW -1165.27 I 11 APN 16-021-53 ; I I 74 FAIRWAY DR ' 60 FAIRWAY DR o I APN 16-021-16 I APN 16-021-15 I I I ANNEXATION OF THE LANDS OF HOFFMAN TO W Z SAN RAFAEL SANITATION DISTRICT Q N FILE #1212 (co 0 6/24/2002 DPW MAPPING NO. 22/01 EXHIBIT "B" MARIN LOCAL AGENCY FORMATION COMMISSION RESOLUTION NO. 02-21 RESOLUTION MAILING DETERMINATIONS AND APPROVING ANNEXATION TO SAN RAFAEL SANITATION DISTRICT WITH WAIVER OF NOTICE, HEARING AND ELECTION "Annexation of the Lands of Hoffman to the San Rafael Sanitation District (File 1212)" 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 owner; 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 02-21 -2- July 11, 2002 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 1.26 acres, is found to be uninhabited, and is assigned the following distinctive short form designation: "Annexation of the Lands of Hoffman to San Rafael Sanitation District (File 1212)". 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 11th day of July, 2002 by the following vote: AYES: Commissioners Blanchfield, Chapman, Heller, Murray, Rodoni, Rose and Slavitz NOES: None ABSENT: Commissioner Kress JEFFRY BLANCHFIELD, Chairperson ATTEST: 7, 1 -,- G. 0 PETER V. BANNIN57;; xecOfficer