HomeMy WebLinkAboutOrdinance 1306 (NWP Railroad Co.)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, City Clerk of the City of
San Rafael, and Ex -officio Clerk of the Council of said
City do hereby certify that the foregoing Charter Ordinance
No. 1306 entitled:
ORDINANCE PROVIDING FOR THE EXCHANGE (SALE) OF PUBLIC REAL
PROPERTY FOR (PURCHASE) OF LANDS OR RIGHTS THERETO HELD BY
NORTHWESTERN PACIFIC RAILROAD
is a true and correct copy of an ordinance of said City,
and was introduced at a regular meeting of the City Council
of the City of San Rafael, held on the 17th day of July, 1978.
However, Ordinance was never printed but was amended, reread
and reintroduced at a regular meeting of the City Council of
the City of San Rafael, held on the 20th day of November, 1978,
was published as required by City Charter in the Independent -
Journal, a newspaper printed and published in the City of San
Rafael and passed and adopted as an ordinance of said City
held on the 4th day of December, 1978 by the following vote,
to wit:
Ayes: Councilmen: Jensen, Miskimen, Mulryan, Nixon and
Mayor Bettini
Noes: Councilmen: None
Absent: Councilmen: None
WITNESS my hand and the official seal
of the City of San Rafael this 8th
day of December, 1978.
NNE M. LEONCIN ity Clerk
ORDINANCE NO. 1306
ORDINANCE PROVIDING FOR THE EXCHANGE
(SALE) OF PUBLIC REAL PROPERTY FOR
(PURCHASE) OF LANDS OR RIGHTS THERETO
HELD BY NORTHWESTERN PACIFIC RAILROAD
THE COUNCIL
OF THE CITY OF SAN RAFAEL, CALIFORNIA, DO ORDAIN AS
FOLLOWS:
SECTION 1.
Short Title - This Ordinance may be cited as "The
Exchange of City
Land for Rights in Land held by Northwestern Pacific
Railroad".
SECTION 2.
Authority - Subdivision 7 of Section 7 of Article VII
of the City of San Rafael Charter provides that the Council has the
power to sell public property by Ordinance.
SECTION 3.
Definition - As used in this Ordinance, the following
terms shall have
the meanings noted:
a) "City" means the City of San Rafael, Marin
County, California.
b) "Agency" means the San Rafael Redevelopment
Agency, San Rafael, Marin County, California.
c) "Company" means the Northwestern Pacific Rail-
road Company.
d) "Agreement" means that Agreement by and between
City, Agency and Company authorized by City and
Agency June 26, 1978, as more fully set forth
in "Agreement" attached hereto and by this re-
ference made a part hereof.
SECTION 4.
Purpose - To provide enabling legislation to allow
City to exchange certain unused City lands for lands
and interests in lands held by Company whereby City
will acquire necessary lands to extend West Fran-
cisco Boulevard westerly to Second Street as more
fully set forth in "Agreement" attached.
SECTION 5.
Terms of Sale (Exchange) - The "City", by and
through its City Council, does hereby exchange the
land referred to in "Agreement" to "Company", upon
the following terms and conditions:
a) Purchase Price. The purchase price shall be
the exchange of properties as set forth in the
"Agreement" attached.
b) Escrow. Within three (3) business days
(Saturday and Sunday not being business days)
from the date hereof, an escrow shall be
opened with ST. PAUL TITLE COMPANY, located
at Fourth and "C" Streets, in the City of
San Rafael, California, on the following
terms and conditions:
1) That all escrow charges, save and ex-
cept the usual charges, such as revenue
stamps, customarily payable by sellers
within the Marin County area are, if ap-
plicable, payable by acquiring party.
2) That all escrow instructions shall be
written on the current forms in use by
the St. Paul Title Company.
3) That the cost of any title insurance
policy or policies is to be borne by acquir-
ing party.
4) That the said escrow shall be closed
on or before twenty-one (21) business days
following the day upon which an ordinance
in compliance with Article VII, Section 7,
Subdivision 7, of the San Rafael Charter,
is effective.
c) Delivery of Possession. Acquiring party
shall be given possession, subject to rights
of others, if any, at the close of escrow.
d) Compliance with San Rafael Charter. It is
understood that the within sale is subject to
Subdivision 7 of Section 7 of Article VII of
the San Rafael Charter, and it is agreed that
the within sale shall be made in compliance
with said Charter provisions.
e) Condition of Title. Title shall be subject
to covenants, conditions, restrictions, reser-
vations, rights, rights of way and easements
now of record and to all other provisions of
"Agreement" attached.
f) Description of Property. That certain real
property situate in the City of San Rafael,
County of Marin, State of California, described
as follows:
IWM
Exhibit "A" as more fully set forth in
attached "Agreement".
Exhibit "B" as more fully set forth in
attached "Agreement".
Exhibit "C" as more fully set forth in
attached "Agreement".
Exhibit "D" as more fully set forth in
attached "Agreement".
SECTION 6. Delegation of Authority - The Mayor of the City
of San Rafael is authorized and directed to ex-
ecute and deliver to St. Paul Title Company deeds
of conveyance, and other instructions in the name
of said City necessary and proper to carry out the
sale (exchange) as set forth in the attached
"Agreement".
SECTION 7. Effective Date - This ordinance shall be published
once in full before its final passage, in a news-
paper of general circulation, printed, published
and circulated in said City, and shall be in full
force and effect thirty (30) days after its passage.
C. PAVL BETT Ma
Attest:
J i M. LEON NI, City Clerk
The above and foregoing Ordinance No. 1306 was read and introduced
at a regular meeting of the City Council of the City of San Rafael,
held on the 17th day of July , 1978, and ordered passed to print
by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
However, Ordinance was never printed but was amended, reread and
reintroduced at a regular meeting of the City Council of the City of
San Rafael, held on the twentieth day of November, 1978, and ordered
passed to print by the following vote, to wit:
-3-
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
and will come up for adoption as an Ordinance of the City of San
Rafael at a regular meeting of the Council to be held on the fourth
day of December, 1978.
me
JEMNE M. LEONCINI, ity Cler
A G R E E M E N T
THIS AGREEMENT is made as of the 2-0 day of June, 19781
by and between the CITY OF SAN RAFAEL, a Municipal Corporation, here-
inafter referred to as "City", the SAN RAFAEL REDEVELOPMENT AGENCY,
hereinafter referred to as "Agency", and the NORTHWESTERN PACIFIC
RAILROAD COMPANY, hereinafter referred to as "Company".
RECITALS
WHEREAS, City, by easement, uses land owned by Company for
City street purposes; and
WHEREAS, Agency desires to extend West Francisco Boulevard
to connect to Second Street at Agency's expense; and
WHEREAS, City desires to acquire ownership of Company's B
Street team track right-of-way for a future City street; and
WHEREAS, Company is desirous of obtaining title to the exist-
ing track area between Third and Fourth Streets owned by City; and
WHEREAS, it is to the mutual benefit of City, Agency, and
Company to make an exchange of land areas and land rights in order
to resolve land use conflicts and to pursue mutual goals;
THEREFORE, CITY, AGENCY, AND COMPANY AGREE AS FOLLOWS:
The City agrees to convey to Company fee title to the strip
of land approximately 60 feet by 300 feet underneath the Northwestern
Pacific main line between Third and Fourth Streets, San Rafael, and
more specifically described in Exhibit "A" attached hereto and by
this reference made a part hereof.
In exchange for the City's conveyance of the above described
property, the Company agrees to:
1. Convey to City all of its right, title and interest in
and to three parcels underlying Tamalpais Avenue, as more fully set
forth in Exhibit "B" attached hereto and by this reference made a
part hereof.
1.
2. Convey to City 19,344 square feet, more or less, of
right-of-way on three parcels south of Second Street, as described
in Exhibit "C" attached hereto and by this reference made a part
hereof, for the West Francisco Boulevard extension.
3. Convey to City all its right, title and interest to 4,800
square feet of land at the end of San Quentin dead track, as more
fully described in Exhibit "D" attached hereto and by this reference
made a part hereof.
4. Company further will convey to City all its right, title
and interest to the entire former B Street line, as described in
Exhibit "D" , between a point approximately 170' west of Irwin Street
and the San Quentin dead track, excluding therefrom, however, the main
line right-of-way. The Company will, upon application of the City,
grant a roadway easement and crossing over the main line right-of-way,
and will support said crossing application with the Public Utilities
Commission. The City agrees to grant the Company a right-of-way easement
for entry to the Culver Street team track area.
5. Company shall retain the right to operate on existing
trackage on balance of Parcel D for such a period of time as
required to serve the B Street team track and/or Pacific Materials.
At such time as the Company is relieved of the responsibility of
providing railroad services to the B Street team track and/or
Pacific Materials, the Company shall remove all tracks from the
right-of-way and shall relinquish all its rights over the right-of-
way to the City by quitclaim deed. V
6. The above transfer of property from the Company to the
City are subject to the Agency assuming and paying for all charges
incident to the installation of the crossing and any crossing
protection when and where needed, and the removal of 731 feet of
track from the west leg of the wye between Second Street and Lincoln
Avenue west of Irwin Street, and removal and disposal of 30 feet
of open deck trestle at approximately the same location.
7. Company assigns and transfers to City all its right,
title and interest to leases and rentals on property described in
2.
Exhibit "D" east of Pacific Materials as described in Section
4 hereof. City's right to said benefits shall commence on the
date escrow closes.
Company further agrees to provide City with copies of
any agreements now existing with any of the tenants on the properties
described in Exhibit "D" east of Pacific Materials.
8. (a) Within one hundred fifty (150) days after the
date this Agreement is signed., the parties hereto shall open an escrow
with St. Paul Title Company, 1300 Fourth Street, San Rafael,
California, and each party shall deposit with the escrow holder
duly executed escrow instructions in form appropriate to consummate
this Agreement. The escrow instructions shall provide for the closing
of escrow on or before December 15, 1978.
(b) The escrow instructions shall further provide
for the deposit by the City, Agency, and Company, respectively, of
such instruments and funds necessary to close the escrow and consu=ate
this Agreement in the manner set forth in this Agreement.
(c) The escrow instructions shall further provide
that the Agency and Company shall each pay one-half (1/2) of the
escrow fees.
(d) Agency shall pay for the documentary transfer
tax on City's grant deed, and the cost of preparing City's grant
deed.
(e) Company shall pay for the documentary transfer
tax on the deed of the property described in Exhibits "B", "C" and
"D", and for the cost of preparing Company's deeds for the properties
described in Exhibits "B", "C" and "D".
(f) Any other costs of the escrow shall be apportions
in the customary manner in the County in which the real property is
located.
3.
(g) In the event the escrow should fail to close for
any reason whatsoever, the costs incurred through the escrow to
the scheduled closing date shall be borne by the party who is not
prepared to proceed to close in accordance with this Agreement.
If neither party is so prepared, said costs shall be divided equally
between the parties.
9. It is expressly agreed by the parties that the escrow
instructions shall be executed and delivered for the purpose of
enabling the escrow holder to complete the exchange of the real
property in accordance with the terms of this Agreement and that in
the event of any conflict between the provisions of the escrow in-
structions and this Agreement, the provisions of this Agreement shall
be controlling. A copy of this Agreement shall be deposited with the
escrow holder, thereby constituting a part of the escrow instructions.
10. All communications, notices and demands of any kind which
either party may be required or desire to give, or to serve upon the
other party, shall be made in writing and delivered by registered or
certified mail, postage prepaid, return receipt requested, to the
following addresses:
To City:
City Clerk
City of San Rafael
P. O. Box 60
San Rafael, CA 94902
To Agency:
Edward P. Ward, Associate Director
San Rafael Redevelopment Agency
P. O. Box 60
San Rafael, CA 94902
To Company:
General Manager, Real Estate, NWPRR Co.
Southern Pacific Building
One Market Plaza
San Francisco, CA 94105
Any such notice sent by mail shall be presumed to have been received
by the adressee forty-eight (48) hours after posting in the United
States mail. Either party may change its address by giving the other
parties written notice of its new address, as herein provided.
4.
IN WITNESS WHEREOF, the parties have hereunto set their
hands as of the day and year first above written.
CITY OF SAN RAFAEL
ATTEST:
"k�� /� ���Xw(4kl Ia
By
JE$�bXiE M. LEONCIIJI,C-ity Cler C. PAUL BETTINI, Mayor
SAN RAFAEL REDEVELOPMENT AGENCY
ATTEST:
By
JE4XNE M. LEONCINI WILLIAM J. BIELSER, Executive Direct
Agency Secretary
Approved as to Form:
MARRY. ICK
City Aey
F
14ORTHWESTERN PACIFIC RAILROAD COMPANY
By
5.
Rc,;GA Es, ate
All that portion of Tamalpais Avenue as shown upon the
Map of the Townsite of the Town of San Rafael, made by
H. Austin Esq. filed October 14, 1873 Rack 1 Sheet 4
Marin County Records bounded on the North by the Southerly
line of Fourth Street and bounded on the South by the
Northerly line of Third Street.
EXHIBIT A
DESCRIPTION: City of San Rafael - County of Marin - State of California
All of that certain Parcel of land situated in the Town of San Rafael
in Barin County State of California and bounded and described as follows:
B -i -ginning at a point on the Southerly line of Fourth Street distant
Vlesterly thereon Fifty (50) feet from the Westerly line of Tamillpais
Avenue as said Avenue is marked and shown upon the Plat of the Tbwn
site of said Town filed in the office of the County Recorder of said
i:arin County on the 14th day of October 1873 running thence Westerly
alonb said line of Fourth Street Fifty (50) feet thence Southerly
parallel with said line of said Avenue as shown on said plat to the
11fortherly line of Third Street thence along said line of Third Street
Easterly Fifty (50) feet thence Northerly in a straight line to the
point of beginning.
EXHIBIT
That certain real property situated in the City of San Rafael,
County of Marin, State of California, described as follows:
BEGINNING at a point on the Southerly line of Fifth Street, as
shown upon the Map entitled "Plat of the Townsite of the Town
of San Rafael" filed October 14, 1873 in the office of the
County Recorder of Marin County, said point being the Northeast
corner of the parcel of land conveyed to San Francisco and North
Pacific Railway Company, a California corporation, by Deed re-
corded June 11, 1906 in Book 99 of Deeds at page 388; thence
along said Southerly line, South 81°15' East 50 feet_+ to the
Westerly line of Tamalpais Avenue, as shown upon said Map;
thence leaving said Southerly line and along said Westerly
line, South 11145'+ West 217 feet+ to the Northerly line of
Fourth Street, as shown upon said Map; thence leaving said
Westerly line and along said Northerly line, North 81015' West
50 feet+ to the Southeast corner of the parcel of land conveyed
to Lillian Stapp, by Deed recorded October 16, 1937 in Book 349
of Official Records at page 371; thence leaving said Northerly
line of Fourth Street, North 11°45'+ East to the point of beginning.
EXHIBIT B
That certain real property situate in the City of San -.Rafael, _
County of Marin; State of California, described as follows:-
BEGIP:NING at a point on the Northerly line of -Fifth Street, as
shown upon the Map entitled "Plat of the Townsite of the'Town-
of San Rafael", filed October 14, 1873 in the Office of: -the
County Recorder of Marin County, said point being theSoutheasterly-
corner of the parcel of land conveyed to Marin County Abstract
Company, a corporation, by Deed recorded May 12, 1937 in Book 339.y -
of Official Records at page 351; thence Along said Northerly line,
South 810 15' East 50 feet to the Westerly line of Tanalpais
Avenue, as shown upon said Map; thence leaving said Northerly
line and along said Westerly lire, North 110 45' East 254 feet to
the Southerly line of Mission Street as shown upon said Map;
thence leaving said Westerly line and along said Southerly lire,
North 790 00' 'nest 50 feet to the Northeasterly corner of the
parcel of land conveyed to Ann Clancy, et al, by Deed recorded
April 29 1937 in Book 338 of Official Records at page 186; thence
leaving said Southerly line and along, the Easterly lire cf,said
Clancy parcel, South 111 45' ?lest 129 feet to the Southeasterly
corner of said Clancy parcel, said point being the Northeasterly
corner of said Marin County Abstract parcel; thence along the
Easterly line of said Marin County Abstract parcel, South 110 45'
West 126.33 feet to the point of beginning.
EXHIBIT g
FMY
EXHIBIT "C"
All those certain pieces or parcels of land situate,
lying and being in the City of San Rafael, County of Marin,
State of California, described as follows:
PARCEL N0. 1
Beginning at a point in the southwesterly line of
Francisco Boulevard that is the northwesterly corner of land
described as Parcel 3 in deed dated July 22, 1969, from North-
western Pacific Railroad Company to State of California; thence
North 51052121" West along said southwesterly line 130 feet;
thence South 32014'18.6" East 124.984 feet; thence South 34017'
47.5" East 353.91 feet to a point in the westerly line of Irwin
Street; thence North 8003'54" East along last said line 50 feet
to a point in the westerly line of said Parcel 3; thence along
last said westerly line North 40023'08" West 126.02 feet to a
point and northerly on a curve to the right having a radius of
1762 feet, through a central angle of 6°18147" (tangent to said
curve at last mentioned point bears North 30031'13" West) an arc
distance of 194.14 feet to the point of beginning, containing an
area of 0.29 of an acre, more or less.
PARCEL N0. 2
Commencing at a point in the westerly line of Irwin Street
that is the most southerly corner of land described as Parcel 3
in deed dated July 22, 1969, from Northwestern Pacific Railroad
- Page 1 of 3 -
EXHIBIT "C"
Company to State of California; thence South 40023108" East along
the southeasterly prolongation of that certain course described
in last said deed as having a bearing and distance of "North
40°23'08" West 126.02 feet," and the southwesterly line of land
described as Parcel 2 in said deed, 485 feet to the True Point
of Beginning of the parcel of land to be described; thence
North 40123'08" West along said southwesterly line, 270 feet;
thence South 49036'52" West 29 feet to a point; thence south-
easterly on a curve to the left having a radius of 1567 feet,
through a central angle of 9056129" (tangent to said curve at
last mentioned point bears South 41°32143" East) an arc distance
of 271.89 feet to the True Point of Beginning, containing an
area of 0.11 of an acre, more or less.
PARCEL N0. 3
Beginning at the point of intersection of the northeasterly
line of Francisco Boulevard with the westerly right of way line
of the State of California (State Highway 101 -South), said point
being referred to as Caltrans right of way point No. 92; thence
northerly along said westerly right of way line on a curve to
the right having a radius of 394.49 feet and a central angle of
19042'35" (tangent to said curve at said point of beginning
bears North 17031'30" West) an arc distance of 135.70 feet to a
point referred to as Caltrans right of way No. 93; thence South
11041'35" West 105.14 feet to a point in said northeasterly line;
thence South 51052121" East along last said line 50 feet to the
- Page 2 of 3 -
EXHIBIT "C"
point of beginning, containing an area of 1829 square feet, more
or less.
- Page 3 of 3 -
EXHIBIT "G"
All the land situated in the City of San Rafael, County of ifarin, Sta0
of California, described as follows:
PARCEL ONE
That portion of the full width of the 60 foot strip of land referred tc
in a Commissioner's Report in reference to a Petition of the San Rafael
and San Ouentin Railroad Company to Condemn Certain Lands, Marin Count
Court Case No. 144, a copy of which was recorded June 21, 1869 in Book.
"I" of Deeds at page 1, Marin County Records.
NHICH 60 foot strip of land is also described in the Deed to Northweste
Pacific Railroad Company, a California corporation, recorded August 10,
1933 in Book 267 of Official Records at page 202.
SAID PORTION is bounded on the West by the Easterly line of the Depot
site (on the Westerly line of "A" Street), referred to insaid Deport
and Deed, and bounded Easterly by the Easterly line of Lindaro Street,
as said Street is described in :the Ouitclaim Deed executed by the City
of San Rafael, recorded September 16, 1938 in Book 369 of Official
Records at page 348.
PARCEL T140
BEGII11•IIlIG at a point on the Easterly line of the Depot grounds of the
Northwestern Pacific Railroad Company at "B" Street, said point being
South 061 25' West 220._4 feet from the Southerly line of Second Street;
and South 830 151 ' East -30fl feet--Erom tTfe easterly line of B Str^et
thence South 37° 25' East 98.6 feet, South 060 45' West 6.6 feet and
South 83° 15' East 6.5 feet to a fence on the Northerly lien of the
Railroad; thence along said fence, South 37° 42' East 69.7 feet,
South 421 03' East 81.8 feet, South 460 12' East -50.2 feet,
South 520 07' East 54.1 feet, South 540 East 51 feet; thence leaving
said fence, North 540 31' I -lest 361.2 feet and North 061 45' East 91.1
feet to the point of beginning.
EXCEPTING THEREFROM (a) the portion conveyed to Marin Produce Co., Inc.,
a California corporation, by Deed recorded September 22, 1950 in Book
662 of Official Records at page 239; and (b) the portion conveyed to
Marin Products Co., Inc., a California corporation, by Deed recorded
February 1, 1957 in Book 1090 of Official Records at page 575.
EXHIBIT 0
1 C t of I.9arin - State of California
DESCRIPTIOII: City of San Rafae - oun y
PARCEL ONE
The portion of the full width of the sixty foot strip of land described
in the Quitclaim Deed from the trustees of the creditors and stockholders
of San Rafael and San Quentin Railroad Company, a defunct corporation, to
Northwestern Pacific Railroad Company, a corporation, recorded August 10,
1933 in Book 267 of Official Records at page 202, that lies between the
Easterly line of LindaroStreet as said Street is described in the Deed
executed by City of San Rafael, a municipal corporation, recorded
September 16, 1938 in 369 OR 348 and in the Deed from Northwestern
Pacific Railroad Company, a corporation, recorded May 20, 1942 in 429 OR
115, Southeasterly to the Easterly line of Irwin Street, as said street
is described in the Deed to the City of San Rafael, recorded February 3,
1900 in Book 61 of Deeds at page 78, Marin County Records.
PARCEL TWO
The land that is bounded on the Northwest by the land described in the
Deed to San Francisco and North Pacific Railway Company, a California
corporation, recorded September 24, 1891 in Book 18 of Deeds at page 130,
bounded on the Southeast by the Northwesterly line of Irwin Street, as
said street is described in the Deed to the City of San Rafael recorded
February 3, 1900 in Book 61 of Deeds at page 78; bounded on the South-
west by the Northeasterly line of the 60 foot strip described in the
Deed to Northwestern Pacific Railroad Company, a corporation, recorded
August 10, 1933 in nook 267 of Official Records at page 202; and bounded
on the Northeast by the Southwesterly lines of the following Deeds
executed by Northwestern Pacific Railroad Company, a California
corporation:
a) To
Recorded
Book
b) To
Recorded
Book
c) To
Recorded
Book
d) To
-Recorded
Book
: F. Lloyd Grandi,
: April 303, 1947
: 552 of Official
et al
Records at page 2
La Terra, Inc., a California corporation
July 11, 1962
1589 of Official Records at page 510
La Terra, Inc., a California corporation
June 15, 1961
1470 of Official -Records at page 378
: La Terra, Inc., a
: May 27, 1959
: 1282 of Official
EXHIBIT 0
California corporation
Records at page 384
DESCRIPTION: City of San Rafael - County of ,iarin - State of California
The portion of the full width of the 60 foot wide strip of lard
dr!scribed in the Quitclain Deed from the Trustees of the creditors and
stockholders of San Rafael and San Quentin Railroad Company, -a defunct
corporation, to Northwestern•Pacific Railroad Company, a corporation,
recorded August 10, 1933 in Book 267 of Official Records at page 207,
that lies between the Easterly line of Irwin Street, as said Street is
described in the Deed to the City of San Rafael, recorded February 3,
1900 in Book 61 of Deeds at page 78, and the Northwesterly line of
Parce`1 Two of the land described in the Deed from 'northwestern Pacific
Railroad Company, a corporation, to Marin Title Guaranty Company, a
corporation, recorded May 23, 1946 in Book 516 of Official Records at
page 461, Marin County Records.
EXHIBIT D