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HomeMy WebLinkAboutOrdinance 1269 (Sale of Real Property)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. 1269 entitled: ORDINANCE PROVIDING FOR THE SALE OF REAL PROPERTY 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 15th day of Auaust. 1977 Published as re- quired by City Charter in the Indeaendent Journal a newspaper printed and published in the City of San Rafael and passed and adopted as an ordinance of said City at a regular meeting of the City Council of said City held on the 6th day of September, 19 77 ' by the following vote, to -wit: Ayes: Councilmen: Miskimen, Nixon and Vice -Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mulryan and Mayor Bettini WITNESS my hand and the official seal of the C',y of San Rafael this 8-4 day of 19 77 ISE M. LEONCINI, 'ity Clerk ORDINANCE NO. 1269 ORDINANCE PROVIDING FOR THE SALE OF REAL PROPERTY THE COUNCIL OF THE CITY OF SAN RAFAEL, CALIFORNIA, DO ORDAIN AS FOLLOWS: Section 1: It is hereby found, determined and ordained that a small irregular portion of land with a one car garage thereon situated at the end of Stevens Place, San Rafael, California, hereinafter re- ferred to as Parcel "A", is hereby declared surplus and that it would be in the best interests of the City of San Rafael, California, to sell all of the real property hereinafter described. 1.1 Description of Parcel "A". (Ptn. A.P. 14-011-14) That certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: BEGINNING at the Northeast corner of Lot 2; thence along the Easterly line of said Lot, South 09°04' West 7.94 feet; thence along a curve to the right whose radi8s is 20.16 feet, the centerline of which bears North 48 16'18" West, thru an angle of 11°24'28", an arc distance of 4.01 feet; thence on a compound curve to the right whose radi8s is 65.30 feet, the centerlinS of which bears North 37 21'51" West, thru an angle of 18 24125", an arc distance of 20.98 feet; thence along a curve to the left whose radiug is 39.74 feet, the centerlinS of which bears South 18 57125" East, thru an angle of 50 20120", an arc distance of 34.92 feet; thence on a compound curve to the left whose radius is 75 feet, the centerlinS of which bears South 69°17'45" East, thru an angle of 09 0013511, an arc distance of 11.79 feet; thence South 11°41'40" West 39.07 feet to a point in the Southerly line of Lot 2; thence along said Lot line, North 79°06' West 2.40 feet to the Southwesterly corner of said line; thence along the Westerly line of said Lot, North 09°04' East 101.45 feet to the Northwesterly corner of said Lob; thence along the Northerly line of said Lot, South 80 56' East 45 feet to the point of beginning. BEING a portion of Lot 2, Map of Stevens Tract, filed on April 7, 1909 in Map Book 3 at Page 11, Marin County Records. 1.2 Minimum bid for Parcel "A" is One Thousand Dollars ($1,000.00) Section 2: It is hereby found, determined and ordained that the land located at the corner of Fourth Street (A.K.A. Miracle Mile) and Ross Valley Drive, San Rafael, California, hereinafter referred to as Parcel "B", is no longer required by the City except for a sub -surface storm drainage easement which is reserved therefrom, and that it would be in the best interests of the City of San Rafael, California, to sell all of the real property hereinafter described. 2.1 Description of Parcel "B". (Ptn. A.P. 12-014-22). That certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: - 1 -- BEGINNING at a point in the Westerly line of lot 34, Map of San Rafael Heights, Sub. Two, filed July 20, 1911 in Map Book 4 at page 6, Marin County Records, said point being the Northwesterly corner of the parcel of land described in the deed from the City of San Rafael to San Rafael Methodist Church recorded May 28, 1948 in Book 585 of Official Records at page 238; 8hence along the Westerly line of said lot 34, North 07 05' East 30.50 feet; thence leaving paid line, South 78°48' East 81.00 feet; thence North 12 36' East 6.00 feet; thence due East 30.55 feet to a point in the Westerly boundary line of lot 32, as said lot is shown on the map above referred to; thence along said Westerly line South 120 36' West 45.00 feet to the Northeasterly corner of the parcel conveyed to San Rafael Methodist Church in the deed above referred to; 8hence along the Northerly line of said parcel, North 77 24' West 107.83 feet to the point of beginning. RESERVING THEREFROM an easement for storm drainage purposes which lies within a strip of land 30 feet in width lying 15 feet on each side of an existing 30" R.C.P. storm drain. 2.2 Minimum bid for Parcel "B" is Eight Hundred Dollars ($800.00). Section 3: The City of San Rafael, California, a municipal cor- poration, hereinafter referred to as "City", by and through its City Council, does hereby direct the real property described in Section 1.1 and Section 2.1 to be sold by sealed bid upon the following terms and conditions: 3.1 Notice of Invitation to Bid. Notice is hereby given that the City of San Rafael will receive bids for the purchase price of surplus real property hereinabove described as Parcel "A" and Parcel "B" in accordance with all the provisions of this ordinance. Each Bid shall be made out on the form to be obtained at the office of the City Treasurer, Room 204, City Hall, 1400 Fifth Avenue, San Rafael, California 94902, and shall be accompanied by cash, certified check or bidder's bond of ten percent (l0a) of the amount of the bid, made payable to the order of the City of San Rafael, Marin County, California; shall be sealed and filed with said City Clerk, Room 209, City Hall, San Rafael, California, on or before Noon of September 7, 1977. To qualify for consideration, each bid on its face shall be firm, unconditioned, responsive, fixed in one amount certain and not in the alternative. The City reserves the right to reject any or all bids or to waive any informality in a bid. 3.2 Purchase Price. The purchase price to be paid by Buyer to City shall be in cash, lawful money of the United States of America, payable upon close of escrow, at a sum not less than minimums hereinabove stated. 3.3 Escrow. Within three (3) business days (Saturdays and Sun- days not being business days) from the date of bid opening, an escrow shall be opened with MARIN TITLE GUARANTY COMPANY, - 2 -- 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 except the usual charges, such as revenue stamps, customarily payable by sellers within the Marin County area are, if applicable, payable solely by Buyer. 2) That all escrow instructions shall be written on the current forms in use by the Marin Title Guaranty Company. 3) That the cost of any title insurance policy or policies is to be borne by Buyer. 4) That the said escrow shall be closed on or be- fore 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. 3.4 Delivery of Possession. Buyer shall be given possession at the close of escrow. 3.5 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. 3.6 Condition of Title. Title shall be subject to covenants, conditions, restrictions, reservations, rights, right of way and easements, now of record, and to all of the provisions of this Agreement of Sale, and the property is sold in an "as is" condition. City makes no warranty expressed or implied. 3.7 Compliance with California Government Code. It is understood that the within sale is subject to the provisions of Govern- ment Code Section 54220 et seq. and that the within sale shall be made in compliance with said Code Sections. 3.8 Survey at Buyer's Expense. It shall be the responsibility of the Buyer to provide, at no expense to the City of San Rafael, a survey of the property acceptable to the City Engineer. Section 4: The Mayor of the City of San Rafael is authorized and directed to execute and to deliver Deeds of Conveyance in the name of the successful bidder necessary and proper to carry out the sale, upon the terms and conditions herein provided, upon receipt of the purchase price and other considerations, all as hereinabove set forth. Section 5: This ordinance shall be published once in full before - 3 - its final passage, in the Independent Journal, a newspaper of general circulation, printed, published and circulated in said City, and shall be in full force and effect thirty (30) days after its passage. ;FRED E. JENSEN, ice -Mayor ATTEST: JEANNE M. LEONCINI, City Clerk The above and foregoing Ordinance No. 1269 was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the 15th day of August , 1977, and ordered passed to print by the following votes, to wit: AYES: Miskimen, Nixon and Vice -Mayor Jensen NOES: None ABSENT: Mulryan and Mayor Bettini 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 6th day of September , 1977. JEANNE M. LEONCINI, City Clerk - 4 -