HomeMy WebLinkAboutCC Resolution 9908 (Corp Yard Title Dispute Settlement)CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLUTION NO. 9908
RESOLUTION AUTHORIZING MAYOR TO EXECUTE AGREEMENT
TO SETTLE A TITLE DISPUTE FOR CITY CORPORATION YARD AND
ADJACENT RAILROAD PROPERTY
WHEREAS, the City contends that it holds title to properties described as Trust
Termination Parcels described in Exhibit A to the attached settlement agreement, in trust for the
public, subject to State supervisory and reversionary interest; and
WHEREAS, it is in the best interest of the parties involved to resolve certain title
disputes by compromise settlement and to avoid costs, time requirements and uncertainties in
litigation.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Mayor is hereby
authorized to execute, on behalf of the City Council, and make amendments as deemed necessary
by legal counsel, the attached settlement agreement whereby the City will quitclaim its interest in
the Trust Termination Parcels described in Exhibit A to the agreement, and the San Rafael
Redevelopment Agency will pay the City of San Rafael the sum of Sixty One Thousand dollars
($61,000).
BE IT FURTHER RESOLVED, that the City Council of the City of San Rafael hereby
authorizes the Mayor to execute all additional documents necessary to implement the agreement
entered into under Resolution Number 9 9 0 8 , including the acceptance of quit claim deeds.
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
City Council held on the 2nd day of September, 1997, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Miller, Phillips & vice—Mayor Heller
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
JE AM. LEONA7City
Clerk
nmkorpyard\statleland l .res
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
STATE OF CALIFORNIA
State Lands Commission
Attn: Title Unit
100 Howe Avenue, Suite 100 -South
Sacramento, CA 95825-8202
STATE OF CALIFORNIA
OFFICIAL BUSINESS
Document entitled to free recordation
pursuant to Government Code Section 27383
A.P.N. #'S
SLC No.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
AGREEMENT FOR THE SETTLEMENT OF A TITLE DISPUTE
IN THE CITY OF SAN RAFAEL, COUNTY OF MARIN, BETWEEN THE
CITY OF SAN RAFAEL AND THE CALIFORNIA STATE LANDS COMMISSION
Instructions to the County Recorder of the County of Marin:
This document includes deeds of parties to the Agreement to other parties to it. Please
index this document as follows:
GRANTOR
GRANTEE
The City of San Rafael, as trustee The City of San Rafael
pursuant to Ch. 83, Stats. 1923,
as amended
State of California,
acting by and through
the State Lands Commission
The City of San Rafael
Agreement/Exhibit
in which Real
Property is
Described
Band C
(Trust Termination
Parcel One,
Trust Termination
Parcel Two, and Trust
Termination Parcel Three)
Band C
(Trust Termination
Parcel One,
Trust Termination
Parcel Two, and Trust
Termination Parcel Three)
COi'Y
The parties to this Agreement, dated Apri 1 1 , 1998, are the State of California,
acting by and through the State Lands Commission ("State"); the City of San Rafael ("City"), and the
City of San Rafael, as trustee pursuant to Chapter 83, Statutes of 1923, as amended (the "Trust
Grantee"). The State, the City, and the Trust Grantee will be referred to collectively in this Agreement
as "the Parties."
RECITALS
1. This Agreement concerns a parcel of real property in the City of San Rafael, County of Marin,
which is referred to throughout this Agreement as "Trust Termination Parcel One," and which is
described in Exhibit B, attached to this Agreement and incorporated by reference as a part of it.
2. This Agreement also concerns a parcel of real property in the City of San Rafael, County of
Marin, which is referred to throughout this Agreement as "Trust Termination Parcel Two," and which
is also described in Exhibit B.
3. This Agreement also concerns a parcel of real property in the City of San Rafael, County of
Marin, which is referred to throughout this Agreement as "Trust Termination Parcel Three," and which
is described in Exhibit C, attached to this Agreement and incorporated by reference as a part of it.
4. Together, Trust Termination Parcel One, Trust Termination Parcel Two, and Trust Termination
Parcel Three will be referred to as the "Trust Termination Parcels." The Trust Termination Parcels are
shown for reference purposes in Exhibit A, attached to this Agreement and incorporated by reference
as a part of it.
5. Upon its admission to the United States of America on September 9,1850, the State of California,
by virtue of its sovereignty, received in trust title to all tide and submerged lands within the boundaries
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of the State of California for the purposes of commerce, navigation, and fisheries.
6. Pursuant to the provisions of Division 6 of the Public Resources Code, including Sections 6301
and 6307, the State Lands Commission is vested with all jurisdiction and authority as to all right, title,
and interest in tidelands and submerged lands held by the State of California in trust for the benefit of the
people of the State of California.
7. In its last natural condition, portions of the Trust Termination Parcels lay within the bed of San
Rafael Creek, its tributaries, or marshes, which waterways were subject to the ordinary tides from San
Francisco Bay.
8. The State of California, by virtue of the Arkansas Swamp Lands Act of September 28, 1850,
received title from the United States of America to certain swamp and overflowed lands located within
the State's boundaries.
9. Pursuant to the Arkansas Swamp Lands Act and State implementing statutes and sales, certain
lands along and within San Rafael Creek and its tributaries in the reach of the Trust Termination Parcels
were included within the perimeter description of Swamp and Overflowed Survey No. 1, patented on
November 12, 1868. The City is the successor in interest to the patent of Swamp and Overflowed Survey
No. 1 within the Trust Termination Parcels.
10. By Chapter 83, Statutes of 1923, the State of California granted in trust to the Trust Grantee all
tide and submerged land, whether filled or unfilled, within the boundaries of San Rafael as those
boundaries then existed. That statutory grant conveyed any and all remaining sovereign title interests of
the State of California in the Trust Termination Parcels, to be held by the Trust Grantee in trust subject
to the provisions of said statute and the common law public trust. The Trust Grantee has held title to such
lands pursuant to Chapter 83. Statutes of 1923, as amended, and pursuant to the common law public
trust since that time.
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11. After substantial title research, the State and the Trust Grantee contend that:
A. The Trust Termination Parcels are located within the perimeter descriptions Swamp and
Overflowed Survey No. 1;
B. Any portions of the Trust Termination Parcels included within the perimeter descriptions
of Swamp and Overflowed Survey No. 1 which were, prior to onsite and nearby diking, leveeing,
and filling, below the ordinary high water mark are subject to a sovereign interest held by the
State and Trust Grantee in those portions, despite their inclusion within the perimeter description
of a swamp and overflowed lands sale;
C. The public trust title interests of the State and the Trust Grantee in the Trust Termination
Parcels has not been terminated by the reclamation of the Trust Termination Parcels above the
ordinary tides; and
D. A portion of the Trust Termination Parcels, due to certain discrepancies and omissions
in the official survey of the township line between Townships 1 and 2 North, Range 6 West,
M.D.M., and the court's interpretation of those discrepancies and omissions in the case of Mahon
v. Richardson (1875) 50 Cal. 333, consists of unsold State-owned land.
12. The Trust Termination Parcels have been filled and reclaimed and removed from the public
channels, and are no longer available or useful or reasonably susceptible of use or required for public trust
purposes.
13. The rights, titles, and interests in the Trust Termination Parcels are subject to legal and factual
uncertainty.
14. It is in the best interests of the Parties to resolve uncertain interests within the Trust Termination
Parcels by compromise settlement.
15. In the interest of settlement, the State and Trust Grantee have conducted a study and evaluation
of the title evidence and the principles of law and the merits of the legal positions of the parties to the
Agreement.
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16. The Trust Termination Parcels have over the years been subject to substantial artificial influences
including, but not limited to, filling, and other improvements.
17. The consequent uncertainties as to the true location, character, and boundaries of the tide and
submerged lands within the Trust Termination Parcels and the existence of public trust interests are now
impeding development of the Trust Termination Parcels for either private or public use.
18. The public interest requires that the outstanding title problems be resolved and forever laid to rest
through agreement among the Parties.
19. The California Legislature has enacted Chapter 1742 of the Statutes of 1971 to provide for the
settlement of title and boundary problems in the City of San Rafael as to both privately held lands and
public lands held in a proprietary capacity, and to provide for the exchange of certain lands or interests
in lands which are currently located above the line of mean high tide and which are no longer necessary
or useful for commerce, navigation, and fisheries.
20. In Section 2 of said Chapter 1742, the Legislature found and declared that portions of the lands
within San Rafael Creek and Canal, as defined in that Chapter, have been improved in connection with
the development of San Rafael Creek and Canal and, in the process of such development, have been filled
and reclaimed, and are no longer necessary or useful for commerce, navigation, and fisheries.
21. Chapter 1742 further provides that when such lands have been filled, the Trust Grantee. upon
receipt of such consideration as is authorized in Chapter 1742, may by document, quitclaim or
conveyance, convey, release or quitclaim portions of such lands.
22. The State and the Trust Grantee have determined that the consideration provided by this
Agreement to be received by the State and the Trust Grantee acting in their trust capacities is equal to
or exceeds the value of any and all sovereign interests in the Trust Termination Parcels.
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23. The State and the Trust Grantee have determined that the potential sovereign interest, if any, in
the Trust Termination Parcels constitutes a relatively small parcel when considered in connection with
the reach and width of the entirety of the San Rafael Canal and the San Pablo Bay to which it is tributary.
24. The parties have, after extensive negotiation, decided that it is in the best interest of all concerned
to resolve this uncertainty by this Agreement, in which:
A. The Trust Grantee shall quitclaim to the City any and all sovereign interests in the Trust
Termination Parcels the Trust Grantee holds by virtue of Chapter 83, Statutes of 1923, as
amended;
B. The State shall quitclaim to the City any and all of the State's interests by virtue of its
sovereignty in the Trust Termination Parcels reserved to the State by Chapter 83, Statutes of
1923, as amended;
C. Upon recording of this Agreement, the public trust for commerce, navigation, and
fisheries, and the trusts imposed by Chapter 83, Statutes of 1923, shall be terminated in the Trust
Termination Parcels; and
D. The City shall contribute the sum of $61,000 to a fund administered by the Trust Grantee
for the acquisition of land in or along the present San Rafael Canal, which property shall become
subject to the common law public trust and to Chapter 83, Statutes of 1923, as amended. The
funds shall not be from non -tidelands sources or from existing tidelands title settlement funds.
25. This Agreement will permit the Trust Termination Parcels to be developed for private purposes,
and will provide the Trust Grantee with funds to purchase real property for the purposes enumerated in
Chapter 83, Statutes of 1923, as amended, and the common law public trust for commerce, navigation
and fisheries.
AGREEMENT
In consideration of the foregoing recitals and the mutual agreements contained herein, the
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parties do agree as follows:
1. Trust Grantee's Ouitclaim of Trust Termination Parcel One. Trust Termination Parcel
Two. and Trust Termination Parcel Three.
The City of San Rafael, acting as trustee pursuant to the terms of Chapter 83, Statutes of 1923,
as amended (Trust Grantee), hereby remises, releases, and quitclaims to the City of San Rafael Trust
Termination Parcel One described in Exhibit B, Trust Termination Parcel Two described in Exhibit B,
and Trust Termination Parcel Three described in Exhibit C.
2. State's Ouitclaim of Trust Termination Parcel One. Trust Termination Parcel Two. and
Trust Termination Parcel Three.
The State hereby remises, releases, and quitclaims to the City of San Rafael any and all of the
State's rights held by virtue of its sovereignty, or reserved to the State by Chapter 83, Statutes of 1923,
as amended, in Trust Termination Parcel One described in Exhibit B, Trust Termination Parcel Two
described in Exhibit B, and Trust Termination Parcel Three described in Exhibit C.
3. The Citv's Contribution of $61.000 to Fund Administered by the Trust Grantee.
The City will contribute $61,000 to the fund administered by the City of San Rafael, as trustee
pursuant to Chapter 83, Statutes of 1923, as amended, as agreed to by the State, as compensation for the
Trust Grantee's and State's interests within the Trust Termination Parcels. These funds may be spent
according to the provisions of Paragraphs 19 and 20 of this Agreement. The $61,000 contribution shall
not come from tidelands income or existing tidelands title settlement monies.
4. State Lands Commission Findings.
The State Lands Commission, by its approval and authorization of the execution of this
Agreement. and upon its recordation:
A. Finds and declares that, pursuant to and in accordance with Section 2 of Chapter
1742 of the Statutes of 1971, that the Trust Termination Parcels currently held as
proprietary lands by the City have been improved in connection with the development of
San Rafael Creek and its tributaries, and in the process of such development have been
filled and reclaimed, are no longer below the present line of mean high tide, and are no
longer necessary or useful for commerce, navigation, and fisheries, or for such uses or
trusts as are or have been imposed by the statutory grants of tide and submerged lands
found in Chapter 83, Statutes of 1923, as amended, and are hereby freed from such
statutory and common law trusts.
B. In accordance with Sections 5, 6, and 7 of Chapter 1742 of the Statutes of 1971,
approves this Agreement and the conveyances provided for herein and approves the
conveyance to the City of all of the sovereign right, title, and interest of the State and
Trust Grantee in the Trust Termination Parcels.
C. In accordance with Sections 5, 6, and 7 of Chapter 1742, Statutes of 1971,
approves the conveyance by the Trust Grantee to the City of all right, title, and interest
of the Trust Grantee held by virtue of Chapter 83, Statutes of 1923, as amended, in the
Trust Termination Parcels.
D. Further finds and declares that the consideration to be placed in an account and
to be held in trust by the Trust Grantee for the purchase of land pursuant to this
Agreement and the real property interests acquired hereunder have a value equivalent to
or exceeding the value of the interests of the State and Trust Grantee being conveyed to
the City in the Trust Termination Parcels and approves the adequacy of the consideration
as determined by the Trust Grantee and State with respect to the settlement provided for
herein, in accordance with Sections 5, 6 and 7 of Chapter 1742 of the Statutes of 1971.
E. Finds and declares that the provisions of Section 8.5, Chapter 1742, Statutes of
1971, shall not apply to the Trust Termination Parcels. The reason for this is that the
application of Section 8.5 would prevent the settlement of this title dispute which
settlement is in the public interest.
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5. No Chance in Ownershin.
The conveyances provided for in this Agreement are solely for the purposes of perfecting title to
real property and do not represent a change of ownership as that term is defined in section 62(b) of the
California Revenue and Taxation Code or any other applicable law. Additionally, no transfer tax shall be
charged, assessed, levied or collected from the private party as a result of the implementation of this
Agreement.
6. Effective Date of Agreement.
This Agreement will become effective upon its execution by all parties and its recordation.
7. Prohibition on Sale or Encumbrances.
Upon execution of this Agreement, neither the City, State nor the Trust Grantee shall sell,
transfer, assign. mortgage, pledge or hypothecate, whether by operation of law or otherwise, any of their
respective rights, title, or interests in or to the Trust Termination Parcels, until this Agreement has been
recorded or is void by the terms of the Agreement.
8. Escrow and Recordation.
An escrow shall be opened in the offices of Pacific Coast Title Company of Marin ("the Title
Company"). The parties agree to deposit the following documents in the escrow account:
A. Deposits by Parties:
(1) STATE shall deposit the following documents:
(a) A letter with the seal of the State Lands Commission embossed upon it stating
that the State Lands Commission approved this Agreement at its
August 26, 1997, meeting as item number C39, and that the Commission
authorized its execution on the Commission's behalf; and
(b) This Agreement, duly and properly executed by it.
(2) CITY shall deposit the following documents:
(a) A certified copy of a resolution of its City Council approving this Agreement
and authorizing its execution on City's behalf,
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(b) This Agreement, duly and properly executed by it;
(c) Written approval as to the condition of title to the Trust Termination Parcels
as shown in a nro forma title commitment; and
(d) Deposit of $61,000 to escrow by cashier's check or other ready funds, made
out to the City of San Rafael, as trustee pursuant to Chapter 83, Statutes of 1923,
as amended.
(3) The Trust Grantee shall deposit:
(a) A certified copy of a resolution of its City Council approving this Agreement
and authorizing its execution on the Trust Grantee's behalf, and
(b) This Agreement, duly and properly executed by it.
9. Judicial confirmation.
Within ten (10) days of the executions by the Parties, the City shall give written notice to the Title
Company and to State and the Trust Grantee whether it intends to file an action in the Superior Court
of the County of Marin to secure a judicial determination of the validity of this Agreement. If the City
so elects, the Title Company shall not record this Agreement until (a) it has been fully executed, and (b)
judgment has been entered validating this Agreement. If the City fails to give notice of election to seek
judicial confirmation, the Title Company shall record this Agreement pursuant to Paragraph 11. If the
election is made, an action to confirm the validity of this Agreement shall be brought by the City within
30 days of the execution by all of them of this Agreement. Otherwise, the Agreement shall be recorded
by the Title Company according to Paragraph 11, and the City may subsequently, if it wishes, bring an
action to confirm the validity of this Agreement, provided that the City or its successors in interest bear
all costs, including State and Trust Grantee costs for attorneys, surveyors, and appraisers to assist in the
preparation and presentation of such action.
10. Anneal of Judgment.
Upon entry of any judgment confirming the validity of the settlement embodied in this Agreement
as provided in Paragraph 9, each party shall waive its right to appeal from the judgment. Any judgment
declaring the Agreement invalid may be appealed by any of the Parties.
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11. Recordation.
Upon the receipt of all the documents listed in Paragraph 8 of this Agreement and a certified copy
of a judgment approving this Agreement (if one was secured through a confirmation lawsuit), the Title
Company, if it has not received a written objection by a party hereto to the closing of escrow, shall notify
the parties of its intention to close escrow and to record this Agreement and any related documents and
shall set a date certain for such recordation and closing. At 8:00 a.m., or as early as possible on the date
chosen for the close of escrow, the Title Company shall record this Agreement in the Office of the County
Recorder for the County of Marin, California. The Title Company shall then deliver the $61,000.00
check to the Trust Grantee.
12. No admissions made.
This agreement is one of compromise. Accordingly, the parties agree that none of its provisions
constitutes, or shall be construed as, an admission concerning the boundaries, physical character, or
character of title to or interests in any waters or lands outside of the area of the Trust Termination
Parcels. The parties also agree that nothing contained in this Agreement shall be admissible in any
litigation other than litigation to enforce its provisions. If this Agreement does not become effective,
nothing in it shall be an admission concerning boundaries, physical character, or character of title to or
interests in the Trust Termination Parcels.
13. Acknowledgments.
In the execution of this Agreement, each party shall furnish such acknowledgments and
certifications as may be necessary to duly and properly record this Agreement in the Office of the
Recorder of the County of Marin, California.
14. Additional Documentation.
The parties shall execute, acknowledge. and deliver such additional documents and instruments
as may be necessary to carry out this Agreement.
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15. Headings.
The title headings of the sections of this Agreement are inserted for convenience only and shall
not be deemed to be part of this Agreement or considered in construing this Agreement.
16. Acceptance of Convevances and Consent to Recording.
By their execution of this Agreement, the Parties each authorize acceptance of and accept the
conveyances of each other party. Further, the parties consent to the recordation of this Agreement and
the conveyances in it by their execution below.
17. California Law.
This Agreement is to be deemed entered into in the State of California and shall be construed and
interpreted in accordance with the laws of the State of California.
18. Allocation of Costs and Exnenses.
The City shall bear any expenses and fees associated with the escrow and the recordation of this
Agreement. All other fees, costs, and expenses for any attorney, engineer, or other person employed or
retained by a party in connection with this Agreement shall be borne by that party.
19. Use of Funds by Trust Grantee.
Trust Grantee and State have established an account for depositing the $61,000.00 generated by
this Agreement. The Trust Grantee and State hereby agree that the funds deposited in the account
established by them shall be held in trust subject to all provisions of Chapter 83 of the Statutes of 1923,
as amended, as well as the common law public trust, and shall be used only for the purchase of lands
which are in their present condition useful or susceptible to use for public trust purposes.
20. Purchase of Parcels by Trust Grantee.
The Trust Grantee and the State further agree that any lands purchased with the funds deposited
in the account established by them shall take on the legal character of tide and submerged lands held in
trust subject to the provisions of Chapter 83 of the Statutes of 1923, as amended, as well as the common
12
law trust for commerce, navigation, and fisheries.
21. Advice of Counsel.
In entering into this Agreement, the parties represent that they have relied upon the legal advice
of their attorneys who are the attorneys of their choice. The parties further represent that the terms of
this Agreement have been completely read by and explained to them by their attorneys, and that they fully
understand and voluntarily accept those terms.
22. Construction.
Each party and counsel for each party has reviewed and revised this Agreement, and accordingly,
the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting
party shall not be employed in the interpretation of this Agreement.
23. No Effect Upon Other Government Jurisdiction.
This Agreement has no effect whatsoever on the regulatory, environmental, or other jurisdiction
of any federal, state, local, or other government entity.
24. No Admission or Effect If Agreement Not Recorded.
If this Agreement is not recorded by July 10, 1998, (unless extending in writing by the Parties)
the Agreement will have no force of effect, and no party will have any rights, duties, claims, or obligation
under it.
25. Entire Aareement.
This Agreement contains the entire agreement between the parties with regard to the matters set
forth. This Agreement may be amended or modified only by an Agreement in writing executed in the
same manner as this Agreement, with the exception of an Agreement to extend the date by which it is to
be frilly executed.
26. Releases.
The parties and each of them release and forever discharge each other, and the past and present
officers, commission members, directors, employees (as the case may be) of each other from any and all
claims, demands, obligations, and causes of action of whatever nature, whether known or unknown,
which arise out of or in any way relate to the matters resolved in this Agreement. In this connection, the
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parties expressly waive any right they may have under the provisions of California Civil Code section
1542, which reads as follows:
"A general release does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor."
To witness this Agreement, the parties have executed this Agreement as of the day and year
set forth opposite each signature below:
DATED: '1998 STATE LANDS COMMISSION
APPROVED AS TO FORM
DATED: , 1998
DANIEL E. LUNGREN
Attorney General of the
State of California
go
JOSEPH C. RUSCONI
Deputy Attorney General
am
14
ROBERT C. HIGHT
Executive Officer
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
Marin ss.
On April 1, 1998 before me, Nancy Eurman, Notary Public
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared Albert J. Boro
Name(s) of Signer(s)
Upersonally known to me
proved to me on the basis of satisfactory
evidence
to be the person(-} whose name(t) is/am-
subscribed to the within instrument and
acknowledged to me that he/slie/thilay executed
the same in his/filar/tftair- authorized
capacity(ies), and that by his/her/their
signature( on the instrument the personN, or
the entity upon behalf of which the person(* -
acted, executed the instrument.
WI NESS my hand and official seal.
Place Notary Sea Above Signature of 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: Agree. for the Settlement of a Title Dispute w/
Calif. State Lands Commission
Document Date: April 1, 1998 Number of Pages: Twenty-one (21)
Signer(s) Other Than Named Above: Robert C. Hight, Joseph C. Rusconi , and Pete
Wilson
Capacity(ies) CI med by Si ner
Signer's Name: Mbert J. %oro WRIM
::1 Individual
__1 Corporate Officer — Title(s): Top of thumb here
::1 Partner — .. Limited _ General
:1 Attorney in Fact
Trustee
Guardian or Conservator
X Other: Mayor of City of San Rafael and Mayor of
City of San Rafael as trustee
Signer Is Representing: City of San Rafael
1997 Nationa. Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call To I•Free 1-800-876-6827
r
NANCY EURMAN D
d
COMM. #1066576 T
NOTARY PUBLIC -CALIFORNIA 0
QMARIN
COUNTY .t
My Comm. Expires Feb. 4, 2000
to be the person(-} whose name(t) is/am-
subscribed to the within instrument and
acknowledged to me that he/slie/thilay executed
the same in his/filar/tftair- authorized
capacity(ies), and that by his/her/their
signature( on the instrument the personN, or
the entity upon behalf of which the person(* -
acted, executed the instrument.
WI NESS my hand and official seal.
Place Notary Sea Above Signature of 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: Agree. for the Settlement of a Title Dispute w/
Calif. State Lands Commission
Document Date: April 1, 1998 Number of Pages: Twenty-one (21)
Signer(s) Other Than Named Above: Robert C. Hight, Joseph C. Rusconi , and Pete
Wilson
Capacity(ies) CI med by Si ner
Signer's Name: Mbert J. %oro WRIM
::1 Individual
__1 Corporate Officer — Title(s): Top of thumb here
::1 Partner — .. Limited _ General
:1 Attorney in Fact
Trustee
Guardian or Conservator
X Other: Mayor of City of San Rafael and Mayor of
City of San Rafael as trustee
Signer Is Representing: City of San Rafael
1997 Nationa. Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call To I•Free 1-800-876-6827
IN APPROVAL WHEREOF, I, PETE WILSON, Governor of the State of California, have set
my hand and caused the seal of the State of California to be hereunto affixed pursuant to section
6107 of the Public Resources Code of the State of California. Given under my hand at the City of
Sacramento, this day of one thousand nine hundred and
ninety-eight.
PETE WILSON, Governor
STATE OF CALIFORNIA
ATTEST:
Title:
3-5
BILL JONES
SECRETARY OF STATE
SECOND TRUST TERMIVAWN
A • .,,..- ...._
California State Lands Commission
EXHIBITA
SETTLEMENT PLAT
W24199
City of San Rafael
City of San Rafael, Marin County, California
kmo 8/26/97
N
EXHIBIT B
TRUST TERMINATION PARCELS ONE & TWO
DESCRIPTION
1 13488 -TE
All that certain real property situate in the City of San Rafael County of Marin,
State of California, described as follows:
PARCEL ONE:
BEGINNING at a point in the Southerly line of Second Street, distant 496.5 feet
Easterly from the point of intersection of the said Southerly line of Second Street
with the Easterly line of Lindaro Street; thence running Easterly along said line of
Second Street 140.1 feet to the Southerly line of the San Rafael and San Quentin
Turnpike or Toll Road, now known as Francisco Boulevard; thence Southerly and
Easterly along said line of said Turnpike 90 feet; thence leaving said Turnpike and
running South 14° 59' West 153.5 feet; thence North 38° 4' West 278.3 feet to
point of beginning.
EXCEPTING therefrom all that portion thereof lying within the lines of Lincoln
Avenue.
PARCEL TWO:
BEGINNING at the point of intersection of the Southerly line of Second Street with
the Easterly line of Petaluma Avenue (now known as Lincoln Avenue); thence
Easterly along the Southerly line of Second street 6/10 of a foot to the most
Westerly corner of that certain lot or parcel of land which was conveyed by
John W. MacKay and James L. Flood to the City of San Rafael, by Deed dated
June 5, 1893 and recorded June 10, 1893 in Book 26 of Deeds at Page 238,
Marin County Records; thence along the Southwesterly line of said lot, South 38°
04' East 278.3 feet to the most Southerly corner of said lot; thence along the
Easterly line of said lot, North 14° 59' East 153.5 feet to the Southerly line of the
Toll Road; thence Easterly along the Southerly line of the Toll Road 6.6 feet to the
Westerly bank of the said tidal canal, South 11 ° 43' West 289 feet; thence
continuing along said Westerly bank on the arc of a circle having a radius of 441 .7
feet, 462.3 feet to the said Easterly line of Petaluma Avenue; thence Notherly
along the said Easterly line of Petaluma Avenue 702.8 feet to the point of
beginning.
EXCEPTING therefrom all that portion thereof as contained in the Deed from the
City of San Rafael, a municipal corporation, to Pacific Gas and Electric Company, a
California Corporation, recorded October 18, 1961 in Book 1507 of Official
Records at Page 381, and re-recorded November 29, 1961 in Book 1519 of Official
Records at Page 608, Marin County Records.
ALSO EXCEPTING therefrom all that portion described as follows:
A STRIP of land, 10 feet in width, lying Southeasterly of and contiguous to the
Southeasterly boundary of that certain parcel of land described in the Deed from
the City of San Rafael, a municipal corporation, to Pacific Gas and Electric
Company, a California Corporation, recorded October 18, 1961 in Book 1507 of
Official Records at Page 381 and re-recorded November 29,1961 in Book 1519 of
Official Records at Page 608, Marin County Records.
ALSO EXCEPTING therefrom all that portion thereof lying within the lines of Lincoln
Avenue.
ALSO EXCEPTING therefrom any portion of the above described parcel lying
Easterly of the following described line:
COMMENCING at the point of intersection of the Southerly line of Second Street
with the Easterly line of Petaluma Avenue (now known as Lincoln Avenue); thence
Easterly along the Southerly line of Second Street 6/10 of a foot to the most
Westerly corner of that certain lot or parcel of land which was conveyed by
John W. MacKay and James, L. Flood to the City of San Rafael, by Deed dated
June 5, 1893 and recorded June 10, 1893 in Book 26 of Deeds at Page 238,
Marin County Records; thence along the Southwesterly line of said lot, South 38°
04' East 278.3 feet to the most Southerly corner of said lot; thence along the
Easterly line of said lot, North 14° 59' East 153.5 feet to the Southerly line of the
Toll Road; thence Easterly along the Southerly line of the Toll Road 6.6 feet to the
true point of beginning of the herein described line; thence South 11 ° 43' West
289 feet; thence on the arc of a circle having a radius of 441.7 feet, 462.3 feet to
the said Easterly line of Petaluma Avenue and the end of the herein described line.
END OF DESCRIPTION
APN 13-021-19
Reviewed by the Boundary Staff of the State Lands Commission 1/20/98.
2.
Date: August 22, 1997
File: 4.1015.00
EXHIBIT C
TRUST TERMINATION PARCEL THREE
DESCRIPTION
Beginning at a point on the easterly line of the parcel granted to the San Francisco
and North Pacific Railway Company and the North Pacific Coast Railroad Company
September 24, 1891, in Book 18 of Deeds, Page 130, Marin County Records, said
point also being the southwest corner of the parcel conveyed to Rice Supply, Inc. by
grant recorded July 1, 1952, in Book 750 Official Records, Page 378, Marin County
Records;
thence along said easterly line (18 Deeds 130), along a curve to the right, whose
radius point bears North 57°41'40" West 595.85 feet, through a central angle of
17°22'43", an arc length of 180.73 feet to the northeasterly line of Lincoln Avenue;
thence along said northeasterly line, on a curve to the right, whose radius point bears
North 43"42'03", East 473.00 feet, through a central angle of 0')'02'18", an arc length
of 25.08 feet;
thence leaving said northeasterly line of Lincoln Avenue, along a curve to the left,
whose radius point bears North 40°07'11" West 570.85 feet, through a central angle
of 08'45'01", an arc length of 87.18 feet;
thence North 48°52'11" West 25.00 feet;
thence along a curve to the left, whose radius point bears North 48'52'11 " West
545.85 feet, through a central angle of 08°49'29", an arc length of 84.07 feet;
thence South 57°41'40" East 50.00 feet to the Point of Beginning.
Containing 0.15 acres
Bearings are based on California Coordinate Grid System Zone
END OF DESCRIPTION
F (DATA\ W PGO\a1D E5\8-19-97 015