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HomeMy WebLinkAboutCC Resolution 10379 (Second Steet Widening Project)SAN RAFAEL CITY COUNCIL RESOLUTION NO. 10379 RESOLUTION ACCEPTING A GRANT DEED FOR SECOND STREET WIDENING ALONG THE FAIR, ISAAC SITE FRONTAGE AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONVEYANCE WHEREAS; Lease Plan North America, Inc. owns property on Second Street at Lindaro Street and Lincoln Avenue which is leased by and under development for Fair Isaac and Company, Inc., and WHEREAS; a condition of development requires the dedication of property to the City of San Rafael fronting on Second Street as described in Exhibit A for the widening of Second Street, and WHEREAS; the public interest, convenience and welfare require the acceptance of the property by the City of San Rafael. NOW, THEREFORE IT IS HEREBY RESOLVED that Rod Gould, City Manager of the City of San Rafael, is hereby authorized to accept the grant deed for the property as described in Exhibit A and is directed to cause said conveyance to be duly recorded in the Office of the County Recorder, County of Marin, California, upon adoption of this resolution. I, JEANNE M. LEONCINI, City 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 members of said City Council held on the 15th day of MARCH , 1999 , by the following vote: AYES: COUNCIL MEMBERS: Heller, Miller, Phillips & Vice -Mayor Cohen NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Mayor Boro Jeanie M. Leoncim, City Clerk QCC2CMM® 111111111 111111111111 1 1 7 2 0 1 Recorded RECORDING REQUESTED BY Official Records �9J AND WHEN RECORDED, MAIL TOOf Marin JOAN C. THAYER c San Rafael Redevelopment Agency Recorder 1313 Fifth Avenue P.O. Box 151560 08:00AM 01 -Apr -1999 San Rafael, CA 94915 Attn: Ms. Katie Korzun REC FEE CONVERS .00 OD FEE 00 REC TRIALEC .00 FS Page 1 of 9 (Space Above Line for Recorder's Use) GRANT DEED THIS GRANT DEED is made as of March 22, 1999, by LEASE PLAN NORTH AMERICA, INC., an Illinois corporation ("Grantor"), in favor of the CITY OF SAN RAFAEL, a municipal corporation ("Grantee"), with reference to the following facts: A. Grantor owns certain real property in the City of San Rafael, Marin County, California, which is leased to Fair, Isaac and Company, Inc., a Delaware corporation ("FICO"). FICO is developing such real property pursuant to, among other things, that certain Development Agreement, recorded on April 9, 1998, as Instrument No. 98-023245 of the Official Records of Marin County, California (the "Development Agreement"), and that certain Resolution No. 10025 adopted by the San Rafael City Council on February 17, 1998 (the "Resolution"). B. Pursuant to the Development Agreement and certain conditions of approval attached to the Resolution, fee title to the real property in the City of San Rafael, Marin County, California, more particularly described on Exhibit A attached hereto and incorporated herein by reference (the "Property") must be conveyed to Grantee in fee for street and roadway purposes in order to widen Second Street and to construct certain public improvements thereon, all as more particularly described in the Development Agreement and the Resolution. C. The Development Agreement and the Resolution contemplate that conveyance of the Property would be accomplished by dedication on a final subdivision map. However, Grantee is ready to commence the widening of Second Street and the construction of the related public improvements, but the final subdivision map is not ready to be recorded. Accordingly, the parties desire to execute this Grant Deed to convey to Grantee fee title to the Property for street and roadway purposes and to satisfy the obligations under the Development Agreement and the Resolution to permit Grantee to proceed with the widening of Second Street and the construction of the related public improvements. 12901975 —1— NOW, THEREFORE, for valuable consideration, receipt of which is acknowledged, Grantor hereby grants to Grantee fee title to the Property for street and roadway purposes, subject to all matters of record. Grantee agrees that conveyance of fee title to the Property pursuant to this Grant Deed satisfies the obligations under the Development Agreement and the conditions of approval attached to the Resolution relating to dedication of the Property to Grantee in connection with the widening of Second Street and the construction of the related public improvements. Pursuant to California Government Code § 27281, a resolution of the San Rafael City Council accepting the conveyance of fee title to the Property is attached hereto as Exhibit B and incorporated herein by reference. GRANTOR: LEASE PLAN NORTH AMERICA, INC., an Illinois corporation ,David U.sUpley I t s V-ee-President STATE OF � /6 n 0 t S ) /� ) s s . County of Ono k ) On MQrCh c;?S , 1999, before me, IIG((c L • l cti,,leL/ , a Notary Public in Land for the State of -e&lif✓rnia.,_personAlly _ appeared D J+ -3h;QleLl , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the within instrument in his/her authorized capacity and that, by his/her signature on the within instrument, the person or entity upon behalf of whicr he/she acted executed the within instrument. WITNESS my hand and official seal. Signature , .(. 'IV J11d1f--, 12901975 -2- (Seal) "OFFICIAL SEAL" Felicia L. Wesley Notary Public, State of Illinois My Commission Exp. 01/28/2002 =ll�no,s EXHIBIT A Leqal Description of the Propertv 12901975 Date: March 17, 1999 File: 5.692.00 DESCRIPTION SECOND STREET DEDICATION All that certain real property, situate in the incorporated territory of the City of San Rafael, County of Marin, State of California, comprised of two parcels of land described as follows: Parcel 1 Being a portion of Parcel "One" of that parcel of land granted to Lease Plan America, Inc. in that certain grant deed recorded May 20, 1998, in Instrument No. 1998-0033514 of Official Records, Marin County Records, more particularly described as follows: BEGINNING at the intersection of the southern line of the city street known as Second Street, with the eastern line of the city street known as Lindaro Street; thence along the southern line of said Second Street, South 83°33'00" East, 429.96 feet; thence along the are of a tangent curve to the right, having a radius of 10.00 feet, through a central angle of 90'00'00", an arc length of 15.71 feet to a point on the western line of the city street known as Lincoln Avenue; thence along said western line, South 06°27'00" West, 32.00 feet; thence leaving said western line, North 83'33'00" West, 5.00 feet; thence North 06°27'00" East, 15.00 feet; thence along the arc of a tangent curve to the left, having a radius of 10.00 feet, through a central angle of 90°00'00", an arc length of 15.71 feet; thence along a line 17.00 (seventeen) feet distant from and measured at right angles to the southern line of said Second Street, North 83°33'00" West, 131.80 feet; thence along the arc of a tangent curve to the right, having a radius of 35.00 feet, through a central angle of 38°44'22", an arc length of 23.66 feet; thence along the arc of a reverse curve, having a radius of 15.00 feet, through a central angle of 38°44'22", an arc length of 10.14 feet; thence along a line 6.00 (six) feet distant from and measured at right angles to said southern line, North 83°33'00" West, 247.43 feet; \\Servec95nt\Data\W P60\S\Des\3.8-99.692 thence along the arc of a tangent curve to the left, having a radius of 10.00 feet, through a central angle of 89°4855", an arc length of 15.68 feet; thence South 06°38'05" West, 15.00 feet; thence North 83'21'55" West, 4.56 feet more or less to a point on the eastern line of said Lindaro Street; thence along said eastern line, North 06045'00" East, 30.95 feet to said POINT OF BEGINNING. Parcel 2 Being a portion of Parcel "Two" of those certain lands granted to Lease Plan America, Inc. in that certain grant deed recorded May 20, 1998, in Instrument No. 1998-0033514 of Official Records, Marin County Records, more particularly described as follows: BEGINNING at the intersection of the southern line of the city street known as Second Street, with the western line of the city street known as Lindaro Street; thence along said southern Line North 83'33'00" West, 123.00 feet; thence leaving said southern line, South 06°38'05" West, 6.00 feet; thence along a line 6.00 (six) feet distant from and measured at right angles to said "southern line, South 83033'00" East, 113.47 feet; thence along the arc of a tangent curve to the right, having a radius of 10.00 feet, through a central angle of 71 °31'41", an arc length of 12.48 feet more or less to a point on the western line of said Lindaro Street; thence along said western line, North 06°45'00" East, 12.83 feet to said TRUE POINT OF BEGINNING. END OF DESCRIPTION \\Server95N\Data\W P60\5Me3U- A-99.692 -- n PARCEL 1 SCALE I Is = 50' JOB #5.692.00 03/08/99 CSW CSW/STUBER-STROEH FAIRLSAAC 2 ENGINEERING GROUP, INC. S{- 2nd STREET DEDICATIO v CONSULTING ENGINEERS PARCEL 1 Ave., Novato, CA, 94945-3246 (RAFAEL ;AL,IFORNIA 790 DeLong t FAX (415) 892— MARIN COUNTY (415) 892-4763 c 1999 SAN cd ry a� PARCEL 1 SCALE I Is = 50' JOB #5.692.00 03/08/99 CSW CSW/STUBER-STROEH FAIRLSAAC 2 ENGINEERING GROUP, INC. S{- 2nd STREET DEDICATIO v CONSULTING ENGINEERS PARCEL 1 Ave., Novato, CA, 94945-3246 (RAFAEL ;AL,IFORNIA 790 DeLong t FAX (415) 892— MARIN COUNTY (415) 892-4763 c 1999 SAN I POINT OF BEGINNING PARCEL 2 LLJ W Cn z 0 U W PARCEL 1 LINDARO STREET S06.45'00'W 12.83' o o: N r :• Nt Om• O 3 O '4 _ II II rn O:•• � J n I7 ': W M : p N co :• cn S06'38'05'W 6.00' CSW SCALE 1 = 50 03/08/99 JOB #5.692.00 CSW/STUBER—STr\ c - St 2 ENGINEERING GROUP, INC. PAIR ISAAC CONSULTING ENGINEERS 2nd STREET DEDICATION 790 DeLong Ave., Novato, CA. 94945-3246 PARCEL 2 (415) 892-4763 FAX (415) 892-4502 © isee SAN RAFAEL MARIN COUNTY CALIFORNIA AA OC -7 7 EXHIBIT B Resolution Accepting Convevance of the Property 12901975 SAN RAFAEL CITY COUNCIL RESOLUTION NO. 10379 RESOLUTION ACCEPTING A GRANT DEED FOR SECOND STREET WIDENING ALONG THE FAIR, ISAAC SITE FRONTAGE AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONVEYANCE WHEREAS; Lease Plan North America, Inc. owns property on Second Street at Lindaro Street and Lincoln Avenue which is !eased by and under development for Fair Isaac and Company, Inc., and WHEREAS; a condition of development requires the dedication of property to the City of San Rafael fronting on Second Street as described in Exhibit A for the widening of Second Street, and WHEREAS; the public interest, convenience and welfare require the acceptance of the property by the City of San Rafael. NOW, THEREFORE IT IS HEREBY RESOLVED that Rod Gould, City Manager of the City of San Rafael, is hereby authorized to accept the grant deed for the property as described in Exhibit A and is directed to cause said conveyance to be duly recorded in the Office of the County Recorder, County of Marin, California, upon adoption of this resolution. I, JEANNE M. LEONCINI, City 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 members of said City Council held on the 15th day of MARCH , 99 , by the following vote: AYES: COUNCIL MEMBERS: Heller, Miller, Phillips & Vice -Mayor Cohen NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Mayor Boro Je a M. L oncini, City Clerk COPY "-h"°` RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO GRANT DEED PM&S Draft of 2/4/99 THIS GRANT DEED is made as of , 1999, by LEASE PLAN NORTH AMERICA, INC., an Illinois corporation ("Grantor"), in favor of the CITY OF SAN RAFAEL, a municipal corporation ("Grantee"), with reference to the following facts: A. Grantor owns certain real property in the City of San Rafael, Marin County, California, which is leased to Fair, Isaac and Company, Inc., a Delaware corporation ("FICO"). FICO is developing such real property pursuant to, among other things, that certain Development Agreement, recorded on April 9, 1998, as Instrument No. 98-023245 of the Official Records of Marin County, California (the "Development Agreement"), and that certain Resolution No. 10025 adopted by the San Rafael City Council on February 17, 1998 (the "Resolution"). B. Pursuant to the Development Agreement and certain conditions of approval attached to the Resolution, fee title to the real property in the City of San Rafael, Marin County, California, more particularly described on Exhibit A attached hereto and incorporated herein by reference (the "Property") must be conveyed to Grantee in fee for street and roadway purposes in order to widen Second Street and to construct certain public improvements thereon, all as more particularly described in the Development Agreement and the Resolution. C. The Development Agreement and the Resolution contemplate that conveyance of the Property would be accomplished by dedication on a final subdivision map. However, Grantee is ready to commence the widening of Second Street and the construction of the related public improvements, but the final subdivision map is not ready to be recorded. Accordingly, the parties desire to execute this Grant Deed to convey to Grantee fee title to the Property for street and roadway purposes and to satisfy the obligations under the Development Agreement and the Resolution to permit Grantee to proceed with the widening of Second Street and the construction of the related public improvements. 12901975 -1 - Date: March 8, 1999 File: 5.692.00 DESCRIPTION CONSTRUCTION EASEMENT FOR SECOND STREET WIDENING All that certain real property, situate in the incorporated territory of the City of San Rafael, County of Marin, State of California, comprised of two parcels of land described as follows: Parcel 1 Being a portion of Parcel "One" of that parcel of land granted to Lease Plan America, Inc. in that certain grant deed recorded May 20, 1998, in Instrument No. 1998-0033514 of Oficial Records, Marin County Records, more particularly described as follows: BEGINNING at the intersection of the southern line of the city street known as Second Street, with the eastern line of the city street known as Lindaro Street; thence along the southern line of said Second Street, South 83 033'00" East, 429.96 feet; thence along the arc of a tangent curve to the right, having a radius of 10.00 feet, through a central angle of 90°00'00", an arc length of 15.71 feet to a point on the western line of the city street known as Lincoln Avenue; thence along said western line, South 06°27'00" West, 32.00 feet; thence leaving said western line, North 83'33'00" West, 5.00 feet; thence North 06°27'00" East, 15.00 feet; thence along the arc of a tangent curve to the left, having a radius of 10.00 feet, through a central angle of 90°00'00", an arc length of 15.71 feet; thence along a line 17.00 (seventeen) feet distant from and measured at right angles to the southern line of said Second Street, North 83'33'00" West, 131.80 feet; thence along the arc of a tangent curve to the right, having a radius of 35.00 feet, through a central a I -of 38'44'22", an arc length of 23.66 feet; thence along the arc of a reverse curve, having a radius of 15.00 feet, through a central angle of 38°44'22", an arc length of 10.14 feet; %\Savet95m\D,ukwa6oXspa\21-&99 692 Date: March 8, 1999 File: 5.692.00 DESCRIPTION CONSTRUCTION EASEMENT FOR SECOND STREET WIDENING All that certain real property, situate in the incorporated territory of the City of San Rafael, County of Marin, State of California, comprised of two parcels of land described as follows: Parcel 1 Being a portion of Parcel "One" of that parcel of land granted to Lease Plan America, Inc. in that certain grant deed recorded May 20, 1998, in Instrument No. 1998-0033514 of Official Records, Marin County Records, more particularly described as follows: BEGINNING at the intersection of the southern line of the city street known as Second Street, with the eastern line of the city street known as Lindaro Street; thence along the southern line of said Second Street, South 83'33'00" East, 429.96 feet; thence along the arc of a tangent curve to the right, having a radius of 10.00 feet, through a central angle of 90°00'00", an arc length of 15.71 feet to a point on the western line of the city street known as Lincoln Avenue; thence along said western line, South 06°27'00" West, 32.00 feet; thence leaving said western line, North 83 °33'00" West, 5.00 feet; thence North 06°27'00" East, 15.00 feet; thence along the arc of a tangent curve to the left, having a radius of 10.00 feet, through a central angle of 90°00'00", an arc length of 15.71 feet; thence along a line 17.00 (seventeen) feet distant from and measured at right angles to the southern line of said Second Street, North 83'33'00" West, 131.80 feet; thence along the arc of a tangent curve to the right, having a radius of 35.00 feet, through a central ale-of 38°44'22", an arc length of 23.66 feet; thence along the arc of a reverse curve, having a radius of 15.00 feet, through a central angle of 38°44'22", an arc length of 10.14 feet; k'Sava95nt\Mta%W P6o\SDn\•�-&99.692 thence along a line 6.00 (six) feet distant from and measured at right angles to said southern line, North 83'33'00" West, 247.43 feet; thence along the arc of a tangent curve to the left, having a radius of 10.00 feet, through a central angle of 89°48'55", an arc length of 15.68 feet; .thence South 06°38'05" West, 15.00 feet; thence North 83'21'55" West, 4.56 feet more or less to a point on the eastern line of said Lindaro Street; thence along said eastern line, North 06°45'00" East, 30.95 feet to said POINT OF BEGINNING. Parcel 2 Being a portion of Parcel "Two" of those certain lands granted to Lease Plan America, Inc. in that certain grant deed recorded May 20, 1998, in Instrument No. 1998-0033514 of Official Records, Marin County Records, more particularly described as follows: BEGINNING at the intersection of the southern line of the city street known as Second Street, with the western line of the city street known as Lindaro Street; thence along said southern Line North 83'33'00" West, 123.00 feet; thence leaving said southern line, South 06°38'05" West, 6.00 feet; thence along a line 6.00 (six) feet distant from and measured at right angles to said southern line, South 83 °33'00" East, 113.47 feet; thence along the arc of a tangent curve to the right, having a radius of 10.00 feet, through a central angle of 71 °31'41 ", an arc length of 12.48 feet more or less to a point on the western line of said Lindaro Street; thence along said western line, North 06045'00" East, 12.83 feet to said TRUE POINT OF BEGINNING. END OF DESCRIPTION k�Sff%w95nr Dav\wa60=es'3-&99.67: �/v od' �Sp 2>00 O o F PARCEL 1 CSw SCALE 1" = 50' CSW/STUBER-STROEH 03/08/99 JOB #5.692.00 [St]2ENGINEERING GROUP, INC. FAIR ISAAC CONSULTING ENGINEERS 2nd STREET EASEMENT 790 DeLong Ave., Novato, CA. 94945-3246 PARCEL 1' (415) 892-4763 FAX (415) 892-4502 0 1999 SAN RAFAEL MARIN COUNTY CALIFORNIA POINT OF- BEGINNING FBEGINNING PARCEL 2 W W z O U W PARCEL 1 LINDARO STREET S06'45'OOw 12.83' o o :• N : II p F � 1 f�^� eoW O C 2 • : � M � �I T C L � W J 6038'osw CIS SCALE 1" 50' 1J 03/08/99 JOB #5.s92.00 [st] ENGINEERING GROUP, INC. PAIR ISAAC CONSULTING ENGINEERS 21ld STREET EASEMENT 790 DeLong Ave.. Novato, CA. 94945-3246 ]PARCEL 2 (415) 892-4763 FAX (415) 892-4502 a 1999 SAN RAFAEL MARIN COUNTY CALIFORNIA