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Home My WebLink AboutCC Resolution 13711 (Annex 249 Seaview Ave)RESOLUTION NO. 13711 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND VALENTINE AND CATHERINE MOROZOFF REGARDING FUTURE ANNEXATION OF REAL PROPERTY AT 249 SEAVIEW AVENUE, APN 014-042- 20, TO THE CITY OF SAN RAFAEL The City Council of the City of San Rafael resolves as follows: WHEREAS, Valentine and Catherine Morozoff are the owners of real property located at 249 Seaview Avenue, APN 014-042-20; and WHEREAS, Valentine and Catherine Morozoff applied to the San Rafael Sanitation District (SRSD) to connect to the District's wastewater/sewer line; and WHEREAS, the property APN 014-042-20 is not within the district service boundaries of SRSD boundary. In addition, this property is not within the corporate limits of the City of San Rafael, but it is located in an unincorporated area (Country Club) that is within the City's sphere of influence and area of urban service; and WHEREAS, in order to connect to the SRSD sewer line, it is necessary to annex to SRSD, which is subject to approval by the Marin Local Agency Formation Committee (LAFCO); and WHEREAS, on February 13, 2014, LAFCO has approved the annexation of this property to SRSD subject to certain conditions as outlined in LAFCO Resolution No. 14-01. WHEREAS, LAFCO's action included a waiver of the dual annexation policy, which would have required simultaneous annexation to the City of San Rafael. This action is consistent with San Rafael General Plan 2020 Policy LU -6 (Annexation), which recommends that annexation of developed, unincorporated areas such as Country Club be dependent on: a) resident interest; b) the cost/revenue implications of the provision of City services to the areas; and c) availability of City services; and WHEREAS, Valentine and Catherine Morozoff have agreed to these conditions as outlined in the Agreement entitled "Agreement Regarding Future Annexation of Real Property (APN 014-042-20) to the City of San Rafael," attached hereto as Attachment 1. NOW THEREFORE BE IT RESOLVED, by the Council of the City of San Rafael that the Mayor is authorized to sign this Agreement on behalf of the City of San Rafael, and the City Clerk is directed to record such Agreement with the County Recorder. 1, ESTHER C. BEIRNE, 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 San Rafael City Council held on the 21" day of April, 2014, by the following vote to wit: AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None ESTHER C. BEIRNE, City Clerk RECORD WITHOUT FEE, PER GC 27383 AND WHEN RECORDED, RETURN TO: City of San Rafael City Clerk, Room 209 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 Attention: Esther Beirne, City Clerk AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND VALENTINE AND CATHERINE MOROZOFF REGARDING FUTURE ANNEXATION OF REAL PROPERTY AT 249 SEA VIEW AVENUE, APN 014-042-20, TO THE CITY OF SAN RAFAEL (Lands of Valentine and Catherine Morozoff being Annexed to the San Rafael Sanitation District) This Agreement is made and entered into this ;.2,td day of MAY , 2014 between the CITY OF SAN RAFAEL ("CITY") and VALENTINE AND CATHERINE MOROZOFF ("OWNERS") and is based upon the following facts and circumstances: 1. OWNERS hold fee title to that certain real property ("Property") as more particularly described in Exhibit "A" attached hereto. 2. As a result of the filing of a Petition seeking annexation of the subject Property to the San Rafael Sanitation District, the Marin Local Agency Formation Commission has conducted proceedings and approved the requested annexation, pursuant to its Resolution No. 14-01 adopted on February 13, 2014. Application for such annexation to the San 1:afael Sanitation District would normally require concurrent annexation to the City of San Rafael unless waived or deferred. 3. The CITY has agreed to defer annexation of the OWNERS' Property on the conditions set forth hereinafter in this Agreement, and consistent with the pertinent provisions of LAFCO Resolution No. 14-01 attached hereto as Exhibit "B". NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. OWNERS agree on behalf of themselves, their heirs, and their successors, that in the event any future proceedings for annexation of OWNERS' Property shall be initiated by the CITY, OWNERS shall neither directly, nor indirectly oppose nor protest such annexation. 2. OWNERS agree that the obligations recited herein shall run with the OWNERS' Property and that the Property shall be held, conveyed, hypothecated, encumbered, leased, rented, used and occupied subject to the provisions of this Agreement and that the obligations undertaken by OWNERS hereunder shall be binding on all parties having or acquiring any right, title or interest in the Property. CITY PF SAN FAEL 11� AVY O. P ,LIPS, Mayor Dated: ATTEST: ESTHER C. ga APPROVED AS TO FORM: �1&-yr�tto�iey ROBERTF. OWNERS VALENTINE MOROZOFF Dated: 2 CATHERINE MOROZOFF Dated: ATTACH NOTARIZATIONS EXHIBIT "A" Legal Description APN 014-042-20 All that certain real property, situate in the County of Marin, State of California, being a portion of the Lands granted to Valentine Morozoff and Catherine Morozoff by Grant Deed recorded on October 24, 2008 by Document No. 2008-0048532, Marin County Records, and also being a portion of Rancho San Pedro, Santa Margarita, Y Las Gallinas, and is described as follows: BEGINNING on the west line of Seaview Avenue at the northeast comer of the tract of land conveyed by the San Rafael Development Company, a Corporation, to J.E. French, Jr., et ux, by deed dated January 4, 1936 and recorded in Volume 310 at page 63, Official Records at Marin County, California; 1. Thence along the west line of Seaview, North 240 41' West 119.87 feet; 2. Thence North 53° 45' West 118.34 feet; 3. Thence leaving Seaview Avenue along the northwesterly line of said lands of Morozoff, South 32' 36'50" West 122 feet, more or less to the existing Sanitation District boundary; 4. Thence leaving said westerly line along the Sanitation District boundary in a southeasterly direction 165 feet more or less to the southerly line of said lands of Morozoff; 5. Thence along said southerly line North 58' 51' East 158 feet, more or less to the POINT OF BEGINNING. Containing approximately 0.67 acres, more or less. EXHIBIT "B" MARIN LOCAL AGENCY FORMATION COMMISSION RESOLUTION NO. 14-01 RESOLUTION MAKING DETERMINATIONS AND APPROVING ANNEXATION TO SAN RAFAEL SANITATION DISTRICT WITH WAIVER OF NOTICE, HEARING AND ELECTION "Sea View Avenue / Mission Avenue No. l Annexation to San Rafael Sanitation District (File #1316)" WHEREAS, Catherine and Valentine Morozoff have filed a validated landowner petition with the Marin Local Agency Formation Commission, hereinafter referred to as "Commission," pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000; and WHEREAS, the proposal seeks Commission approval to annex approximately 0.67 acres of unincorporated land to the San Rafael Sanitation District and represents an entire lot located at 249 Sea View Avenue and identified by the County of Marin Assessor's Office as 014-042-20; and WHEREAS, the Commission's Executive Officer has reviewed the proposal and prepared a report with recommendations; and WHEREAS, the Executive Officer's report and recommendations on the proposal have been presented to the Commission in the manner provided by law; and WHEREAS, the Commission heard and fully considered all the evidence presented at a public meeting held on the proposal on February 13, 2014; WHEREAS, the Commission considered all the factors required by law under Government Code Section 56668 and adopted local policies and procedures. NOW, THEREFORE, THE COMMISSION DOES HEREBY RESOLVE, DETERMINE, AND ORDER as follows: 1. The Commissions determinations on the proposal incorporate the information and analysis provided in the Executive Officer's written report. 1IPage 2. The Commission serves as lead agency under the California Environmental Quality Act and finds the proposal is an exempt project under Public Resources Code Section 15319. 3. The proposal is APPROVED with the following amendment: a) The affected territory is expanded to include approximately 0.33 acres of additional unincorporated land comprising all of the public right-of-way on Sea View Avenue that is immediate adjacent to 249 Sea View Avenue. 4. The proposal approval is CONDITIONED on the following terms being satisfied within one calendar year - or February 13, 2015 - unless a prior written request for a time extension is received and approved by the Commission a) Completion of the 30 -day reconsideration period provided under Government Code Section 56895. b) An indemnification agreement signed by the applicants in a form provided by Commission Counsel. c) An agreement signed and recorded by the applicants consenting to the annexation of the affected territory to the City of San Rafael if and when an application is initiated. The agreement shall run with the affected territory and in a form provided by Commission Counsel and in consultation with the City of San Rafael. d) Submittal of a final map and geographic description of the affected territory as amended by the Commission conforming to the requirements of the State Board of Equalization. 5. The proposal is assigned the following distinctive short-term designation: Sea View Avenue/Mission Avenue No. 1 Annexation to San Rafael Sanitation District 6. The affected territory less the added public right-of-way is depicted in the draft map and description provided in Exhibits "A" and "B". 7. The affected territory is uninhabited as defined in Government Code Section 56046. 8. The Commission waives conducting authority proceedings under Government Code Section 56663. 21Page 9. The San Rafael Sanitation District utilizes the regular assessment roll of the County of Marin. 10. Upoii effective date of the proposal, the affected territory will be subject to all previously authorized charges, fees, assessments, and taxes that were lawfully enacted by the San Rafael Sanitation District. The affected territory will also be subject to all of the rates, rules, regulations, and ordinances of the San Rafael Sanitation District. 11. The effective date shall be the date of recordation of the Certificate of Completion. The foregoing resolution was duly and regularly adopted by the Commission at a public meeting held on February 13, 2014, by the following vote: AYES: NOES: ABSENT: ATTEST: KEENS SIMONDS, Executive Officer JEFFRY BLANCHFIELD, Chairperson 3 1 P a g e ACKNOWLEDGMENT State of California County of Marin On IYA Y —'4-- 0 / L4 before me, E. Beirne, Notary Public (insert name and title of the officer) personally appeared f4,q14j-j,1.S I who proved tome on the basis of satisfactory evidence to be the person(s) whose name( sjji)re a suDscribed to the within instrument and acknowledged to m e thoob/she/they executed the same in (hWher/their authorized capacity(ies), and that by( qiher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the pers on(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature K!5? ' &.,Z- - (Seal) E. BEIRNE tt COMM. #1036401 NOTARY PUBLIC -CALIFORNIA '9 WIN COUNTY 0 MY Comm, Expiros June 10 2015 j j State of California County of Marin On H0,0 -2 2, 20/14 before me, E. Beirne, Notary Public (insert name and title of the officer) personally appeared ,,// (insert He,& Z * (?t4l -rI46WE /%4o2 2 0 FP who proved to me on the basis of satisfactory evidence to be the oe"r-s-6n-(-s)>hoseCrfa-nfe'-Ol) ism subscribed to the within instrument and acknowledged to rn e that he/she/ff9y exec-uTe-crThe same in his/her/e authorized capacity(ies), and that by his/heretfi6y signature(s) on the instrument the person( -s , or the entity upon behalf of which the Pers on(s)-66ted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. rw. E. BEIRN�EE�> 0 COMM- 91936401 WITNESS my hand and official seal. IL NOTARY PUBLIC-CAUFORNIA IMAAIN COUNTY 0 1 MY COMM. Expires June f0, 2015 1 Signature (Seal)