HomeMy WebLinkAboutCC Resolution 8542 (The Gables Subdivision)RESOLUTION NO. 8542
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL APPROVING FINAL MAP OF CONDOPMIUM
SUBDIVISION ENTITLED "THE GABLES"
W nr.xzAS, the Planning Commission of the City of San Rafael, State of California, did on
November 4, 1991, in writing, recommend to the City Council of said City the approval of the final map of
'THE GABLES", consisting of three (3) sheets, hereinafter referred to; and
WHEREAS, it appears to said City Council and said City Council hereby finds and determines
said map is in conformity with the requirements of the Subdivision Ordinance, Title 15 of the San Rafael
Municipal Code, and that said City Council is satisfied with the plan of the condominium subdivision.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of San Rafael,
California, that the final map of said condominium subdivision, approved by the Planning Commission of
said City on November 4, 1991, and entitled, 'THE GABLES", be and the same is hereby approved, and that the
City Clerk of said City be and she is hereby authorized and directed to execute the certificate upon the face of
the map of the approval thereof and, upon the filing with the City Clerk of the agreement and bond (or deposit)
with the approval thereof all as required by Sections 15.20.060, 15.20.080, and 15.20.090 of said Subdivision
Ordinance, to transmit said map to the Clerk of the Board of Supervisors of Marin County.
IT IS FURTHER RESOLVED that that certain agreement entitled, "AGREEMENT (SUBDIVISION
IMPROVEMENTS) THE GABLES", being the agreement required by Section 15.20.080 of said ordinance, shall,
when executed and filed by or on behalf of the subdivider and approved by the City Attorney and City Manager
as provided in Section 15.20.060 of said ordinance, be executed on behalf of said City by the Mayor and City
Clerk, and said officers are hereby authorized and instructed so to do.
IT IS FURTHER RESOLVED that that certain covenant entitled "Covenant Running With the
Land" be executed on behalf of said City by the Mayor and City Clerk, and said officers are hereby authorized
and instructed so to do.
IT IS FURTHER RESOLVED that upon the execution, filing and approval of said agreement and
bond and the recordation of said final map, all in accordance with the requirements of said ordinance
pertaining to said agreement and bond and the recordation of said map, the City accepts the dedication of the
Easement for Access to Public Drainage Facilities (EAPDF), all as shown thereon for public use as such, and
the City does hereby remove any one (1) foot non -access strips on any public dedicated right-of-way adjacent
to this condominium subdivision.
I, JEANNE. M. LEONCIIIII, 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 November, 1991, by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Brei ner, Shippey, Thayer and Mayor Mul ryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
V_ - 0� � I2. -4, ,-# :k:
M. LEONCIIVI, City Clerk
ORIGINAL
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A G R E E M E N T
(SUBDIVISION IMPROVEMENTS)
THIS AGREEMENT is made this (�4 day of �C"m , 19-L,
and is entered into by and between the City of San Rafael, hereinafter
referred to as "City", and MUIR VALLEY LAND COMPANY
hereinafter referred to as "Subdivider" both of whom understand as
follows:
RECITALS:
Subdivider has presented to City for approval a final subdivi-
sion map (hereinafter called "Map" entitled
to THE GABLES It
The map has been filed with the City Clerk of City for presen-
tation to the City Council of the City for its approval, which map is
hereby referred to and incorporated herein;
. Subdivider has requested approval of the map prior to the
construction and completion of improvements, including all streets,
highways or public ways and public utility facilities which are a part
of, or appurtenant to, the subdivision (hereinafter called
"subdivision") designated in the map, all in accordance with, and as
required by, the plans and specifications for all or any of said im-
provements in, appurtenant to, or outside the limits of subdivision,
which plans and specifications are now on file in the office of the City
Engineer of City.
Council of said City on the 4th day of Novembex
199 1 , adopted its Resolution approving map, and has accepted the
dedications therein offered, or some thereof, on condition that
Subdivider first enter into and execute this agreement with City, and
meet the requirements of said resolution; and
This agreement is executed pursuant to the provisions of the
Subdivision Map Act of the State of California and Ordinance No. 546 (as
amended) of City.
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NOW THEREFORE, for and in consideration of the approval of the
Map and of the acceptance of the dedications or some thereof, therein
offered, and in order to insure satisfactory performance by Subdivider's
obligations under said Subdivision Map Act and said ordinance, the
parties agree as follows:
1. Performance of Work.
Subdivider will do and perform, or cause to be done and
performed, at Subdivider's own expense, in a good and
workmanlike manner, and furnish all required materials, all
under the direction and to the satisfaction of the City
Engineer of City, all of the following work and improve-
ments as shown on the improvement plans dated
November 1990 ; said plans approved and signed by
the City Engineer on October 28. 1991 ; and Subdivider
will comply with all provisions of the San Rafael Municipal
Code, the Subdivision Map Act, and all conditions of ap-
proval of said subdivision map.
Subdivider shall construct and complete all of the improve-
ments, including all, but not limited to, streets, highways
or public ways and public utility facilities which are a
part of, or appurtenant to, the subdivision designated in
said map, all in accordance with, and as required by, said
improvement plans and specifications for all or any of said
improvements in, or appurtenant to, or outside the limits
of said subdivision, which improvement plans and specifica-
tions are now on file in the office of the City Engineer of
City, and Subdivider shall also do all other work and
furnish all other materials necessary in the opinion of the
City Engineer, and on his order, to complete the improve-
ments in accordance with said improvement plans and
specifications on file as hereinbefore specified, or with
any changes required or ordered by said Engineer, which in
his opinion are necessary or required to complete the work.
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2. Work; Places and Grades to be Fixed by Engineer.
All of said work is to be done at the places, of the
materials, in the manner, and at the grades, all as shown
upon the plans and specifications therefor, heretofore
approved by the City Engineer and which are now on file in
his office, and to the satisfaction of said City Engineer.
3. Work; Time for Commencement and Performance.
City hereby fixes the time for the commencement of said
work to be on the 4th day of November 1991 , and
for its completion to be within 720 calendar days
thereafter. At least fifteen calendar days prior to the
commencement of work hereunder, Subdivider shall notify
City Engineer in writing of the date fixed by Subdivider
for commencement thereof, so that City Engineer shall be
able to provide services of inspection.
4. Time of Essence - Extension.
Time is of the essence of this agreement; provided, that in
the event good cause is shown therefor, the City Council
may extend the time for completion of the improvements
hereunder. Any such extension may be granted without
notice to the Subdivider's surety, and extensions so
granted shall not relieve the surety's liability on the
bond to secure the faithful performance of this agreement.
The City Council shall be the sole and final judge as to
whether or not good cause has been shown to entitle
Subdivider to an extension.
5. Repairs and Replacement.
Subdivider shall replace, or have replaced, or repair, or
have repaired, as the case may be, all pipes and monuments
shown on the map which have been destroyed or damaged, and
Subdivider shall replace or have replaced, repair, or have
repaired, as the case may be, or pay to the owner, the
entire cost of replacement or repairs, of any and all
property damaged or destroyed by reason of any work done
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hereunder, whether such property be owned by the United
States or any agency thereof, or the State of California,
or any agency or political subdivision thereof, or by the
City or by any public or private corporation, or by any
person whomsoever, or by any combination of such owners.
Any such repair or replacement shall be to the satisfac-
tion, and subject to the approval, of the City Engineer.
6. Utility Deposits - Statement.
Subdivider shall file with the City Clerk, prior to the
commencement of any work to be performed within the area
delineated on the map, a written statement signed by
Subdivider, and each public utility corporation involved,
to the effect that Subdivider has made all deposits legally
required by such public utility corporation for the connec-
tion of any and all public utilities to be supplied by such
public utility corporation within the subdivision.
7. Permits; Compliance with Law.
Subdivider shall, at Subdivider's expense, obtain all
necessary permits and licenses for the construction of such
improvements, give all necessary notices and pay all fees
and taxes required by law.
8. Superintendence by Subdivider.
Subdivider shall give personal superintendence to the work
on said improvement, or have a competent foreman or super-
intendent, satisfactory to the City Engineer, on the work
at all times during progress, with authority to act for
Subdivider.
9. Inspection by City Engineer.
All improvements required hereunder shall be inspected by
City Engineer. Subdivider shall at all times maintain
proper facilities, and provide safe access for inspection
by City Engineer, to all parts of the work, and to the
shops wherein the work is in preparation.
10. Contract Security.
Concurrently with the execution hereof, Subdivider shall
furnish:
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(1) a surety bond in amount equal to at least one hundred
percent of the contract price as security for the faithful
performance of this agreement; and (2) a separate surety
bond in an amount equal to at least fifty percent of the
contract price as security for the payment of all persons
performing labor and furnishing materials in connection
with this agreement. The surety on each of said bonds and
the form thereof shall be satisfactory to the City
Attorney.
11. Hold -Harmless Agreement.
Subdivider hereby agrees to, and shall, hold City, its
elective and appointive boards, commissions, officers,
agents and employees, harmless from any liability for
damage or claims for damage for personal injury, including
death, as well as from claims for property damage which may
arise from Subdivider's or Subdivider's contractors',
subcontractors', agents' or employees' operations under
this agreement, whether such operations be by Subdivider or
by any of Subdivider's contractors, subcontractors, or by
any one or more persons directly or indirectly employed by,
or acting as agent for, Subdivider or any of Subdivider's
contractors or subcontractors. Subdivider agrees to, and
shall, defend City and its elective and appointive boards,
commissions, officers, agents and employees from any suits
or actions at law or in equity for damages caused, or
alleged to have been caused, by reason of any of the
aforesaid operations; provided as follows:
a. That City does not, and shall not, waive any rights
against Subdivider which it may have by reason of the
aforesaid hold -harmless agreement, because of the
acceptance by City, or the deposit with City by
Subdivider, of any of the insurance policies described
in paragraph 12 hereof.
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b. That the aforesaid hold -harmless agreement by
Subdivider shall apply to all damages and claims for
damages of every kind suffered, or alleged to have been
suffered, by reason of any of the aforesaid operations
referred to in this paragraph, rekardless of whether or
not City has prepared, supplied or approved of, plans
and/or specifications for the subdivision, or regard-
less of whether or not such insurance policies shall
have been determined to be applicable to any of such
damages or claims for damages.
12. Subdivider's Insurance.
Subdivider shall not commence work under this agreement
until Subdivider shall have obtained all insurance required
under this paragraph, nor shall Subdivider allow any con-
tractor or subcontractor to commence work on his contract
or subcontract until all similar insurance required of the
contractor or subcontractor shall have been so obtained and
approved. All requirements herein provided shall appear
either in the body of the insurance policies or as endorse-
ments and shall specifically bind the insurance carrier.
a. Compensation Insurance.
Subdivider shall maintain, during the life of this
agreement, Worker's Compensation Insurance for all
Subdivider's employees employed at the site of improve-
ment, and in case any work is sublet, Subdivider shall
require any contractor or subcontractor similarly to
provide Worker's Compensation insurance for all con-
tractor's or subcontractor's employees, unless such
employees are covered by the protection afforded by
Subdivider. In case any class of employees engaged in
work under this agreement at the site of the project is
not protected under any Worker's Compensation law,
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Subdivider shall provide, and shall cause each contrac-
tor and sub -contractor to provide, adequate insurance
for the protection of employees not otherwise
protected. Subdivider hereby indemnifies City for any
damage resulting to it from failure of either
Subdivider or any contractor or subcontractor to take
out or maintain such insurance.
b. Public Liability and Property Damage Insurance.
Subdivider shall take out and maintain during the life
of this agreement such public liability and property
damage insurance as shall insure City, its elective and
appointive boards, commissions, officers, agents and
employees, Subdivider and any contractor or subcontrac-
tor performing work covered by this agreement from
claims for damages for personal injury, including
death, as well as from claims for property damage which
may arise from Subdivider's or any contractor's or
subcontractor's operations hereunder, whether such
operations be by Subdivider or any contractor or sub-
contractor, or by any one directly or indirectly
employed by either Subdivider or any contractor or
subcontractor, and the amounts of such insurance shall
be as follows:
(1) Public Liability Insurance.
In an amount not less than1,000,000 for injuries,
including, but not limited to, death, to any one
person and, subject to the same limit for each
person, in an amount not less than 3,000,000 on
account of any one occurrence;
(2) Property Damage Insurance.
In an amount of not less than1,000,000for damage
to the property of each person on account of any
one occurrence.
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c. Cross -Liability Endorsement.
In the event that any of the aforesaid insurance
policies provided for in this paragraph 12 insures any
entity, person, board or commission other than those
mentioned in this paragraph, such, policy shall contain
a standard form of cross -liability endorsement, insur-
ing on such policy City, its elective and appointive
boards, commissions, officers, agents and employees,
Subdivider and any contractor or subcontractor perform-
ing work covered by this agreement.
13. Evidence of Insurance.
Subdivider shall furnish City concurrently with the execu-
tion hereof, with satisfactory evidence of the insurance
required, and evidence that each carrier is required to
give City at least ten days' prior notice of the cancella-
tion or reduction in coverage of any policy during the
effective period of this agreement.
14. Title to Improvements.
Title to, and ownership of, all improvements within ac-
cepted public rights of way and public easements
constructed hereunder by Subdivider shall vest absolutely
in City, upon completion and acceptance of such improve-
ments by City, as evidenced by the filing of the Notice of
Completion with the County Recorder.
15. Repair or Reconstruction of Defective Work.
Subdivider guarantees and warranties all work performed
under this agreement for a period of one (1) year after
final acceptance of the work. If within said one year
period, any structure or part of any structure furnished
and/or installed or constructed or caused to be installed
or constructed by Subdivider, or any of the work done under
this agreement, fails to fulfill any of the requirements of
this agreement or the specifications referred to herein,
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Subdivider shall without delay and without any cost to
City, repair or replace or reconstruct any defective or
otherwise unsatisfactory part or parts of the work or
structure. Should Subdivider fail to act promptly or in
accordance with this requirement, or should the exigencies
of the case require repairs or replacements to be made
before Subdivider can be notified, City may, at its option,
make the necessary repairs or replacements or perform the
necessary work and Subdivider shall pay to City the actual
cost of such repairs plus fifteen (15) percent.
16. Subdivider not Agent of City.
Neither Subdivider nor any of Subdivider's agents or con-
tractors are or shall be considered to be agents of City in
connection with the performance of Subdivider's obligations
under this agreement.
17. Cost of Engineering and Inspection.
Subdivider shall pay to the City all inspection costs as
required by Section 15.20.070 of the San Rafael Municipal
Code.
18. Notice of Breach and Default.
If Subdivider refuses or fails to obtain prosecution of the
work, or any severable part thereof, with such diligence as
will insure its completion within the time specified, or
any extensions thereof, or fails to obtain completion of
said work within such time, or if the Subdivider should be
adjudged a bankrupt, or Subdivider should make a general
assignment for the benefit of Subdivider's creditors, or if
a receiver should be appointed in the event of Subdivider's
insolvency, or if Subdivider, or any of Subdivider's con-
tractors, subcontractors, agents or employees, should
violate any of the provisions of this agreement, City
Engineer or City Council may serve written notice upon
Subdivider and Subdivider's surety declaring breach of this
agreement, or of any portion thereof, and default of
Subdivider.
19. Breach of Agreement; Performanc; of Suretv or City.
In the event of any such notice, Subdivider's surety shall
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have the duty to take over and complete the work and the
improvement herein specified; provided, however, that if
the surety, within five days after the serving upon it of
such notice of breach, does not give City written notice of
its intention to take over the performance of the contract,
and does not commence performance thereof within five days
after notice to City of such election, City may take over
the work and prosecute the same to completion, by contract
or by any other method City may deem advisable, for the
account and at the expense of Subdivider; and Subdivider
and Subdivider's surety shall be liable to City for any
excess cost or damages occasioned City thereby; and, in
such event, City, without liability for so doing, may take
possession of, and utilize in completing the work, such
materials, appliances, plant and other property belonging
to Subdivider as may be on the site of the work and neces-
sary therefor.
20. Notices.
All notices herein required shall be in writing, and
delivered in person or sent by registered mail, postage
prepaid.
Notices required to be given to City shall be addressed as
follows:
CITY OF SAN RAFAEL, C/O CITY ENGINEER, CITY HALL, SAN
RAFAEL, CALIFORNIA.
Notices required to be given to Subdivider and/or
Subdivider's surety shall be addressed as follows:
MUIR VALLEY LAND COMPANY
2228 Union Street, Third Floor, San Francisco; CA 94123
provided that any party or the surety may change such
address by notice in writing to the other party, and there-
after notices shall be addressed and transmitted to the new
address.
21. Warranty that Plans and Specifications are Adequate.
Subdivider warrants that the plans and specifications above
described are adequate to accomplish all of the improvement
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work contemplated by this agreement in a good and workman-
like manner. and in accordance with accepted construction
practices. Should said plans, specifications, and/or work
contemplated by this agreement at any time within a period
of one year after final acceptance of the work performed
hereunder prove to be inadequate in any respect, then
Subdivider does agree to,make such changes as are necessary
to said plans and specifications and accomplish said work
in a good, workmanlike manner, and in accordance with
accepted construction practices.
22. Attorney's Fees and Expenses of Litigation.
Should City be required to institute legal action to compel
performance of this agreement, Subdivider agrees to pay all
reasonable attorney's fees, costs of suit, and all other
expenses of litigation incurred by City in connection
therewith.
23. "As Built Plans".
A complete improvement and grading plan "as built" shall be
filed with the City Engineer upon completion of the said
work and improvements.
CITY OF SAN RAFAEL
(Seal) Y
Mayor
(If the Subdivider executing
this agreement is a corporation,
a certified copy of the By -Laws
or Resolution of the Board of
Directors authorizing officers
of said corporation to execute
this agreement shall be annexed
hereto.)
AP OVED S TOAV14��
SUF IENCY:
City Engineer
By
ity C,1 e k
SUBDIVIDER
MUIR VALLEY LAND COMPANY,
a California Corpor ion
Shbd-iv.&aer /1
M9.M.A!,
APPROVED AS TO?orney
: (Mayor's and Subdivider's
Signatures must be 'Notarized)
City
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STATE OF CALIFORNIA — Iss
COUNTY OF Sa,14
Or, per `� f �9� / before me, the u ersigned, Notary Public in and for
said Stat , personally appeared
/� �/ �` V • A
') s , nd
��t r dP �/ / / 2 personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons who executed the within instrument an
President and ' S a r E r' - Secretary, on behalf of
/til u r r 1/a lie j/ Lir h <yl ce-'-fl I/
the corporation therein named, and OFFICIAL acknowledged to me that
9 �,,.,, L SEAL ■
suchcorporation executed thewithin Instrument pursuant to its DS
NOTARY BCCWCAOLIOFORNIA ,
by-laws or a lution of its board of directors. City and County of SAN FRANCISCO
My Commission Expires Jan. 25, 1993
WITNES my hand and official seal. I . . . . . . . . . . . . . . . . . .
$IgnatUr �. S
SLATE OF CALIFORNIA )
SS.
COUNTY OF MARIN )
(This area for official notarial seal)
On this 9th day of NOVEMBER , 1991, before me, JEANNE M. LEONCINI, a
Notary Plu'57iC in and for the said County and State, residing therein, duly
commissioned and sworn, personally appeared LAWRENCE E. MULRYAN
personally known to me(or-_prioyt@4_t_G-MEL _gR_the _basa3_04_.a{j_S_4Fteey_
ev44efne-e) to be the 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 it this certificate first above written.
OFFICIAL SEAL
JEANNE M. LEONCINI
,^ • Q NOTARY PUSUC CALIFORNIA
JEANNE EONCINI, N01�ARY PUB 1C in and for • k;p WIARINcouNTY ,
.a My Comm. Expires Nov. 29, 1991 ,
said County and State.
1400- 5th Ave., P.O. Box 60, San Rafael, CA 94915-0060
RECORDING REQUESTED BY
AFTER RECORDING MAIL TO:
MR. HARVEY O. RICH
T'lU 1K VA1,Jjh Y LES-tI ll COMPANY
2228 UNION S'I'RRVT- RTI RT,
SAN VRANrTsco CA 94123
T SPACE ABOVE THIS LINE FOR RECORDER'S USE
COVENANT RUNNING WITH THE LAND,
THIS COVENANT RUNNING WITH THE LAND is made and entered into
by and between Muir Valley Land Co., a California corporation
(hereinafter referred to as "Owner") and the City of San Rafael,
a municipal corporation (hereinafter referred to as "City"),
based on the following circumstances:
(a) Owner is the holder of record title to that certain
real property described in Exhibit A attached hereto and incorpo-
rated herein, and is the sponsor of a 47 -unit condominium project
which is proposed for construction on such property.
(b) City holds the relevant zoning and building authority
relating to said real property and proposed project, and has
granted approval of a final subdivision map for the same.
(c) This covenant running with the lind is intended to
allow commencement of construction upon said property, but sub-
ject to the limitations hereinafter specified.
IT IS THEREFORE AGREED that, in consideration of and in
conjunction with development approvals received by Owner from the
City, the Owner hereby covenants and warrants as follows:
COPY
1. No part of the property or units described in Exhibit A
hereto, nor any interest therein, shall be sold or conveyed un-
less and until City executes and records in the Office of the
Marin County Recorder a release in the form set forth in Exhibit
B attached hereto and incorporated herein. Provided, however,
that nothing contained herein shall prevent Owner, at any time,
from selling or conveying the entire property described in Exhib-
it A as a whole.
2. Said release shall be executed and recorded by City at
such time as City determines, in the reasonable exercise of its
discretion, that a mutually acceptable plan has been agreed to
for the installation of all storm drainage facilities as provided
in the tentative subdivision map and the conditions of approval
thereof have been met as the same relate to said lots and proper-
ty.
3. Each of the provisions hereof shall bind the respective
parties and their successors and assigns, and shall run with the
land for the maximum period allowed by the laws of the State of
California, or until the release heretofore described shall have
been executed and recor-deed,,% ,,whichever occurs first.
Dated as of OG`�t - L% , 1991.
MUIR VALL LAND CO., a CITY OF SAN RAFAEL
Californ) corporation _
by
Its �/1 Mayor '
ATTEST:
pproved as to forly*erk -
ASST. CITY ATTORNEY
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_ ) )
STATE OF CALIFORNIA )ss.
COUNTY OF
/�c-% 6�r- �/ / i 9 l
m .
On � .before me, theersigned, a Notary Public in and for
said State, p ' `- sonally appeared /� ///L/J//��� 4s e 17'7 and
e r I!
m� r i�! / personally known to me (or proved to me on the
a c basis of satisfactory evidence) to be the persons who executed the within instrument as it
CL
a E President andi' '—� su re Secretary, on behalf of f
�p U
o the corporation therein named, and acknowledged to me that
O vi such corporation executed the within instrument pursuant to itsCAP
OFFICIAL SEAL
0 r!IW-AN O. MOODS
) by-laws or a resolution of its board of directors. •` ,iI','! F`;; =! IC -CALIFORNIA
N Ci'y =1d CaurtY of SAN FRANCISCO
m WITH my nd and official seal. My Commission Expires Jan. 25, 1993
CM0
� Sign ` e (This area for official notarial seal)
S1ATE OF CALIFORNIA
ss.
COUNTY OF MARIN
On this 4th day of NOVEMBER 1991, before me, JEANNE M. LEONCINI, a
Notary PuIc in and for the said County and State, residing therein, duly
commissioned and sworn, personally appeared LAWRENCE E. MULRYAN
personally known to me {trr- rro eetl--to--m&-clf}-the -baFY
_e-v44sric-e-) to be the 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.
OFFICIAL SEAL �
JEANNE M. LEONCINI �
rte'
NOTARY PUSUC-CALIFORNIA
JEANNEd4nErNC1N1A,N*O ARY PUBLIC lin and for ` 'q xpIcou�T2
My Comm. Expiros Nov 29 ,1991
said County and State.
1400 - 5th Ave., P.O. Eos 60, San Rwael, CA 94915-111,+60
DESCRIPTION
All that certain real property situate in the City of San Rafael,
County of Marin, State of California, described as follows:
PARCEL ONE:
PARCEL 2, as shown upon that certain Parcel Map entitled "Parcel
Map of Civic Center Plaza, Being a lot line adjustment between
Parcel 1 & 2 in 81-56890, San Rafael, California", filed for
record September 21, 1984 in Volume 22 of Parcel Maps, at Page
34, Marin County Records.
PARCEL TWO:
A non-exclusive easement as created in that certain Easement Deed
recorded October 11, 1989 as Instrument No. 89 59520, Marin Coun-
ty Records, for pedestrian and vehicular access, ingress and
egress to and from Civic Center Drive; utility purposes, includ-
ing without limitation, underground storm, and sanitary sewer
systems, underground domestic water systems, underground natural
gas systems, underground electrical systems, irrigation water
systems, fire protection, water systems, underground telephone
and cable television systems, construction, reconstruction, re-
placement, removal, alteration, maintenance and use of improve-
ments, pipelines, transmission lines and appurtenances necessary
or desirable in connection with provision of utilities over the
following described parcel:
Beginning at a point formed by the intersection of the two cours-
es of "North 280 20' 28" West 356.08 feet" and "South 77° 13' 00'
west 791.11 feet" in the exterior boundary line of Parcel B, as
shown upon that certain parcel map entitled, "Parcel Map of Prop-
erty Line Adjustment Between Lands of Equitec/Tiburon and Lands
of Scettrini", filed for record June 14, 1982 in Volume 20 of
Parcel Maps at Page 51, Marin County Records; thence along said
exterior boundary line, North 770 13' 00' East 466.12 feet;
thence leaving said exterior boundary line, North 120 47' 00"
West 86.00 feet to a point on the common boundary line of Parcels
A & B, as shown upon said parcel map; thence along said common
boundary line, South 770 13' 00" West 490.06 feet to a point on
said exterior boundary line, thence along said exterior boundary
line, South 280 20' 28" East 89.27 feet to the point of begin-
ning.
PARCEL: THREE:
A non-exclusive easement over and across the Office Easement
Parcel for the purposes and upon the terms and conditions as set
forth in that certain Bridge Easement and Maintenance Agreement,
recorded October 11, 1989 as Instrument No. 89 59521, Marin Coun-
ty Records.
Exhibit A
RECORDING REQUESTED BY
AFTER RECORDING MAIL TO:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
RELEASE OF COVENANT RUNNING WITH THE LAND
Whereas, a Covenant Running With The Land was recorded in
the Office of the Marin County Recorder on
1991, in Book of Official Records beginning at Page
relating to the real property described in Exhibit A attached
hereto and incorporated herein, and
01
Whereas, the parties to said Covenant Running With The Land
were Muir Valley Land Co., a California corporation (hereinafter
referred to as "Owner") and the City of San Rafael, a municipal
corporation (hereinafter referred to as "City"), and
Whereas, City has determined, in the reasonable exercise of
its discretion, that a satisfactory plan has been agreed to for
installation of all storm drainage facilities as referred to in
said Covenant Running With The Land; now, therefore,
Exhibit B
City hereby releases Owner and the real property described
in Exhibit A hereto from any further obligation under the afore-
said Covenant Running With The Land, and the same shall be deemed
extinguished and of no further force or effect as of the date
hereof.
Dated:
CITY OF SAN RAFAEL
by
Mayor
ATTEST:
City Clerk
Approved and agreed as set forth above
MUIR VALLEY LAND CO., a California corporation
by
Its
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