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HomeMy WebLinkAboutCC Resolution 9131 (Merrydale Overcrossing Project)FOLLOWS: RESOLUTION NO. 9131 A RESOLUTION OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF FIRST AMENDMENT TO RIGHT OF WAY CONTRACT WITH SAN RAFAEL GABLES HOMEOWNERS ASSOCIATION FOR THE CONVEYANCE AND ACCEPTANCE OF A STORM DRAIN EASEMENT FOR THE MERRYDALE OVERCROSSING PROJECT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS The Mayor and the City Clerk are hereby authorized to execute, on behalf of the City of San Rafael, the first Amendment to Right of Way contract with San Rafael Gables Homeowners Association for the conveyance and acceptance of a storm drain easement for the Merrydale Overcrossing Project. A copy of said contract is hereby attached and by this reference made a part of this resolution. 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 Council of said City on Monday, the 4th day of April, 1994, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller & Mayor Boro NOES: COUNCILMEMBERS: Thayer ABSENT: COUNCILMEMBERS: None DISQUALIFIED: COUNCILMEMBERS: Zappetini (Due to conflict of interest) JL . LEONCI , City Clerk OR IV, INA[ MERRYDALE OVERCROSSING PROJECT 4 -MRN -101 I E.A. 131981 1 COOP NO 4-1216C Muir Valley Land Co. I APN: 180-520-00 FIRST AMENDMENT TO RIGHT-OF-WAY CONTRACT CITY OF SAN RAFAEL THIS FIRST AMENDMENT TO CONTRACT IS MADE AND ENTERED INTO as of the 1< day of aU ") , 199-4 by and between the CITY OF SAN RAFAEL, a municipal corporation, hereinafter referred to as "CITY," and THE SAN RAFAEL GABLES HOMEOWNERS ASSOCIATION, a California Non-profit Mutual Benefit Corporation, hereinafter referred to as "HOMEOWNERS ASSOCIATION," as successor in interest to MUIR VALLEY LAND COMPANY, a California Corporation, hereinafter referred to as "MUIR VALLEY." WHEREAS, MUIR VALLEY and CITY have heretofore entered into a Right of Way Contract on January 6, 1992, for conveyance of a Storm Drain Easement (Project Parcel No. 21), hereinafter referred to as "SDE," in connection with the Merrydale Overcrossing Project, which Contract is by reference made a part hereof; and WHEREAS, MUIR VALLEY granted fee simple title of a portion of their property to be encumbered with the SDE to the HOMEOWNERS ASSOCIATION by that certain document filed for record on August 13, 1993, under document number 93-065828, in the Office of the Recorder, Marin County, California; and WHEREAS, MUIR VALLEY as "Declarant" in that certain document entitled "Declaration of Covenants, Conditions and Restrictions for The San Rafael Gables a Condominium Project," filed for record on August 9, 1993, under document number 93-063518, in the Office of the Recorder, Marin County, California, under Article 2.3 Easements and Use Rights, Section D. "Power to Grant Easements," retained the power to grant and convey easements on behalf of the HOMEOWNERS ASSOCIATION as their attorney-in-fact until such time that "Declarant" sells or conveys all units of the development; and WHEREAS, as of the date of this amendment MUIR VALLEY as "Declarant" holds title to one or more units and therefore has the power and authority to grant the SDE to CITY on behalf of HOMEOWNERS ASSOCIATION; and 10 WHEREAS, the parties desire to amend the contract to recognize the change in vesting from MUIR VALLEY to HOMEOWNERS ASSOCIATION and add the following clause: It is agreed and confirmed by the parties hereto that notwithstanding other provisions in the Right of Way Contract, the right of possession and use of the SDE to be acquired by the City, including the right to remove and dispose of improvements, commenced on February 1, 1992, the date escrow was funded, and that the amount shown in Paragraph 1(A) of the Right of Way Contract above. includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. NOW, therefore, it is mutually agreed to amend the Right of Way Contract as stated EXCEPT as hereinabove amended, the Right of Way Contract shall continue in full force and effect in all particulars. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly authorized agents on the day and year first written above. OWNERS: THE SAN RAFAEL GABLES HOMEOWNE' ASSOCIATION, a California N profit Mutual Benefit Corporation. LM Title 6 L"2& / I v�&�qS U �—> ck�— Muir Valley Land CoAilSany Date: c --L 1) q'f CITY OF SAN RAFAEL Myor 1 beft Soro ATTEST: City Clerne M. Leon ini Date: April 4, 1994 2