HomeMy WebLinkAboutCC Resolution 8496 (Smith Ranch Rd)RESOLUTION NO. 8 4 9 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING RESOLUTION NO. 8484, AUTHORIZING THE SIGNING OF
AN AMENDED DEFERRED IMPROVEMENT AGREEMENT - SMITH
RANCH PARCEL 3 WITH ROGER SMITH AND MICHAEL SMITH FOR
COMPLIANCE WITH ED89-59 CONDITION (y)
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael,
a deferred improvement agreement with Roger Smith and Michael Smith for compliance with
ED89-59 Condition (y) in Smith Ranch, Parcel 3, a copy of which is hereby attached and by this
reference made a part hereof.
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 19th day of August, 1991, by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
JEE4NZM. LEONCI , City Clerk
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DEFERRED IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this r,t day of 14 &f.s , 19911
by and between City of San Rafael a municipal corporation in the County of Mann, State of
California, hereinafter called "City," and Roger Smith and Michael Smith, hereinafter called
"Developer. "
WHEREAS, Developer desires to develop that certain real property, located in
the City, described in Developer's project applications as Smith Ranch Parcel Three; and
WHEREAS, City by its approval of ED89-59 on May 7, 1990 has approved
Developer's project consisting of a 5,000 sq. ft. retail building and. a 25,579 sq. ft. office
building and dedication of a fire station site, subject to certain conditions requiring installation
of certain improvements which have not been completed; and
WHEREAS, Developer wishes to proceed with the project without prior
completion of certain such conditions.
NOW, THEREFORE, City and Developer agree as follows:
1. Developer shall satisfy the conditions as described below:
a. ED89-59 Condition (v). "The owners will participate with the City of San
Rafael and all property owners within the pond watershed to fund preparation and
implementation of a plan to maintain the City Pond. That participation shall be spread among
all the property owners on the basis of each owner's property as a percent of the total
watershed."
2. Satisfaction of this condition is deferred until the City determines in detail the action to be
taken to fulfill the condition.
3. It is the intention of the parties hereto that this agreement bind themselves and their
successors and for the obligations to run with the land.
Deferred Improvement Agreement
1
Dated: q//_//%
► , -z
Rog erg Smith
Dated: J/! y19/ -
Michael Smith -�
Dated: i �I ! CITY OF SAN RAFAEL
By: ��. w
Dorothy /LBreiner, Vice -Mayor
ATTEST:
APPROVED AS TO CONTENT:
Dated:_ /(p �(�'� JE M. LEONCIP , City Clerk
David Bernardi
Public Works Director
City of San Rafael
B91 C-7
Deferred Improvement Agreement
2
STATE OF CALIFORNIA
COUNTY OF Marin SS.
o On this 14 day of AUQUSt in the year
CL 1991
in before me, the undersigned, a Notary Public in
and for said Countyand State, personally appeared
Roqer Smith and Michael Smith
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person S whose name
s are subscribed to the within instrument and
acknowledged that they executed the
same.
Signature
yttic� L (C
� � � </ c.
Linda Monaco
Name (Typed or Printed)
Notary Public in and for said County and State
F2492 R 6/84
STATE OF CALIFORNIA )
-Y SS. -"
COUNTY OF MARIN )
WFP�fOFFICIAL SEAL
UNDA MONACO
indpW
OTARY PUBLIC CALfFJRtJIA
Office in MARIN County
ommission &*us Jan. 25, 1993 +
FOR NOTARY SEAL OR STAMP
On this 21ST day of AUGUST . 1991 . before. -me, JEANNE M.. LEONCINI , a
Notary Public in and for the said County and State, residing therein, duly
commissioned and sworn, personally appeared DOROTHY L. BREINER
personally known to me 4-or--proved-to.-me--do -the -bas#s-a€-sati5facto-ry---
evideFl-ce) to be the Vice Mayor of the City of San Rafael that executed the within
document and acknowledged to me that said. City of San Rafael did execute the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
JEANNE . .ONCI PSI , NOTARY PUBLIC in and for
said County and State
�- OrFICIA St
q't mow_^ JEANItE N1. LEONCINI, )
P�OTARY PUr31.JC CALIFORNIA
MARIN COUNTY
My Comm. Expires Nov. 29, 1991
1400 - 5th Ave., P.O. Box 60, San Rafael, fA 94915.0060