HomeMy WebLinkAboutCC Resolution 7714 (Flood Control Zone 7)follows:
RESOLUTION NO. 7714
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL AUTHORIZING EXECUTION OF AN AGREEMENT
RESCINDING THE PREVIOUS AGREEMENT TO ANNEX TO
FLOOD CONTROL ZONE 7
The City Council of the City of San Rafael hereby resolves as
The Mayor and City Clerk are authorized to execute, on behalf
of the City of San Rafael, an agreement with GOS Joint Venture and Los
Gal inas Development, Inc., to rescind a previous "Agreement to Annex
to Flood Control Zone" dated August 22, 1986. A copy of the proposed
agreement is attached hereto and incorporated herein by this
reference. The City Clerk is hereby directed to cause said agreement
to be duly recorded in the office of the County Recorder of the County
of Marin, State of California, forthwith upon the adoption 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 18th day of April, 1988, by the following vote, to
wit:
AYES: COUNCILMEMBERS•Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
JEAN `i�-. LEO C�Cityerk
ORIEmINA[ 77-1'4Z
88 2 0 8 2 6 RECORDED AT REQUEST OF
FIRST AMERICAN
ti Nzik
After recording, mail to: n R£e�DCa, l9E8 APR 22 AM $: 00
Jeanne M. Leoncini Cit Clerk G'��T�O LrS MARIIN COUN ICIA RE OROS
Y OUI�TY CAL lFORidfA
City of San Rafael JAMES J_ DSL SON
P.O. Box 60
San Rafael, CA 94915-0060
RESCISSION OF AGREEMENT TO ANNEX TO FLOOD CONTROL ZONE
This Agreement, by and between GOS JOINT VENTURE, a
California general partnership and LOS GALINAS DEVELOPMENT, INC.,
a corporation, hereinafter referred to jointly and severally as
"OWNERS," and the CITY OF SAN RAFAEL, a California municipal
corporation, hereinafter referred to as "CITY."
WITNESSETH:
WHEREAS, OWNERS and CITY by previous agreement dated August
22, 1986, ("Previous Agreement"), agreed that in consideration of
CITY granting project approvals, OWNERS agreed to take steps
necessary to annex to Marin County Flood Control District Zone 7,
("District"), upon District's commitment to accept flood control
maintenance following further execution of a joint powers
agreement between the CITY and the County of Marin regarding the
division of specified maintenance responsibilities; and
WHEREAS, the County of Marin is no longer desirous of
requiring annexation to the District of that property described
on Exhibit "A", attached hereto; and
WHEREAS, both the CITY and OWNERS are desirous of rescinding
the Previous Agreement.
NOW, THEREFORE, in consideration of the mutual benefits
contained herein, the parties hereby agree as follows:
1. OWNERS and CITY hereby agree to execute this agreement
which shall rescind the Previous Agreement, copy attached.
2. The parties agree that this agreement shall extinguish
all terms and conditions contained in the Previous Agreement and
that the Previous Agreement shall be void and of no further force
nor effect and therefore shall not run with the land.
3. The parties agree that this agreement shall be recorded
in order to remove the existing encumbrance on title to OWNERS'
property.
Dated: April 18 , 1988
GOS JOINT VENTURE, a California
General Partnership
By C -
Dated:
SLATE OF CALIFORNIA )
COUNTY OF MARIN ) ss.
LOS GALINAS DEVELOPMENT, INC.,
a corporation
Byc-�c� a �
CITY OF SAN RAFAEL
Lawrence E. Mulryan
Mayor of City of San Rafael
On thisth day of APRIL , 1983, 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 (er-preved- to- me-wrttp-- basis vfi-s-arttstact6Py-
ev44ency) 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 CINI NOTA Y PUBLIC in and for 1E1'.!��'E a". LE(1?�CIP'� '
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"V �''� NOTARY PUC' ;-7 - C: LiFORNA
said County and State. �',jn S
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STATE OF CALIFOFR r ] n Iss.
COUNTY OF —. •__d— . — -- ___ — 1
April 21, 1988 before me, the undersigned, a Notary Public in and for
said State, personally appeared _Joe She)COL1_ — — — __ — __ _ _ _ aV'XX
personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons who executed the within instrument as- —
Pfa;Ja AX__ — _ ..— _ — Secretary, on behalf of LOS Ga 1 i na s
Development, Inc_
the corporation therein named, and acknowledged to me that
such corporation executed the within instrument pursuant to its
by-laws or a resolution of its board of directors.
WITNESS py t,*nd an official seal.'
o .
Signature. __ — — ow— _ (This area for official notarial seal)
STATE OF CALIFORNIA ss.
COUNTY OF _ Marin
On April_ 21 , 1988 before me. the undersigned. a Notary Public in and for
Joe Shekou
said State, personally appeared
personally known to me for proved to me on the basis of satis-
factory evidence) to be the person that executed the within
instrument as General partners)
on behalf of GOS Joint Venture
, the partnership
therein named and acknowledged to me that the partnership
executed it.
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WITNESS M'4and, ial seat:Signature
(This area for official notarial seal)
E X H I B I T " A"
DESCRIPTION
All that certain real property situate partly in the City of San Rafael, and Partly in the
County of Marin, State of California, described as follows:
PARCEL A, as shown upon that certain map entitled, "Parcel Map, Civic Center North, Sarr
Rafael, Marin County, California", filed for record December 15, 1983 in Volume 21 of Parcel
Maps, at Page 70, Marin County Records
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BENEFIT OF
CITY OF S.R.
& COUNTY
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86 49807
RECEIVED
MAR1e19N3
PLANNIN
AGREEMENT TO ANNEX TO FLOOD CONTROL ZONE
This is an agreement by GOS JOINT VENTURE, a California
general partnership, and LOS GALINAS DEVELOPMENT, INC., a corpor-
ation, hereinafter referred to jointly and severally as "OWNERS,"
and the City of San Rafael, a municipal corporation, hereinafter
referred to as "CITY."
W I T N E S S E T H:
WHEREAS, OWNERS propose to develop the property described on
Exhibit "A" attached hereto, which property is adjacent to Marin
County Flood Control Zone 7; and
WHEREAS, the CITY upon approving said development has here-
tofore imposed certain conditions thereon relating to, among
other things, said Marin County Flood Control Zone 7.
NOW, THEREFORE, in consideration of the mutual benefits
contained herein, the public benefit to be realized thereby, and
the ability of OWNERS to proceed to develop their property, the
parties hereby agree:
1. OWNERS hereby agree to to take such steps as may be
necessary to annex to Marin County Flood Control Zone 7 the prop-
erty described on Exhibit "A" attached hereto.
ORIGINAL
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2. Said annexation shall occur only if and when Marin
County Flood Control Zone 7 commits to accept flood control main-
tenance and operation of the proposed retention pond and levies
referred to in the conditions of approvals, and only after the
CITY and the County of Marin have developed and executed a joint
powers agreement outlining the intentions of both agencies to:
(a) Expand the flood control zone to include all or
part of the watershed of the south fork of Las Gallinas Creek;
(b) Make the Zone responsible for maintenance of pub-
licly dedicated drainage/flood control facilities such as levees,
pump stations, major culverts, natural drainageways, etc.;
(c) Make the Zone share in the cost for periodic
dredging of the south fork of Las Gallinas Creek because dredging
increases hydrologic capac-Ay of the Creek, for non -navigational
flood control purposes;
(d) Develop a Sphere of Influence for the Zone;
(e) Impose requirements for annexation to the Zone
upon issuance of CITY or County Permits; and
(f) Establish joint City -County priority setting pro-
cedure for adoption of the Zone budget and multi-year capital
improvement program.
3. This agreement shall run with the land described on
Exhibit A, and shall, in any event, without regard to technical
classification or designation, legal or otherwise, be binding to
the fullest extent permitted by law and equity for the benefit
00 4suur
of, and in favor of the CITY and enforceable by the CITY against
OWNERS, their successors, assigns and grantees.
Dated: —kzL'z'2
j, 1986
GOS JOINT VENTURE, a California
general partnership
by 1— e A_Jolil�
Dated: August 22, 1986
Approve As To Form
Ci
City Attorney
LOS GALINAS DEVELOPMENT,
INC., a corporation
by
Its a Im
CITY OF SAN RAFAEL
Play( r
Attest:
Acknowledgment - Corporation
State of ........ .. ...... ... ........ ... . . .....
.......................
-�: ) ss.
Countyof ....... ...... . .. ................................................
day of . me On this... ............in the year .... 1196 ....,before rr cool-+
I
CL. .... . personally appeared .... T 5#161L.112-0 ...................... IHER INS 1
9.4 car .... . ...... personally
OF THE OF;1EW;W'
known to me (or proved to me on the basis of
satisfactory evidence) to be the person who executed
the within instrument as president (orde=cretar)y or
on behalf of the corporation therein named and
am
acknowledged to me that the corporation executed it.
dNOY VIC I I CNI.Wun I
NOTARY Pusuc - CAUFORNIA
hvKW Office In MARIN County
Cmik" EKpku May X IL
(SEAL)
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86 49007
E X H I B I T " A"
DESCRIPTION
All that certain real property situate partly in the City of San Rafael., and Partly in thi
County of Marin, State of California, described as follows:
PARCEL A, as shown upon that certain map entitled, "Parcel Map, Civic Center North., sa]
Rafael, Marin County, California", f1led for record December 15., 1983 in Volume 21 of Paree
Maps, at Page 70, Marin County Records.
Acknowledgment - Partnership
. ........ . ....
State of ............. ...... 4�q.4" .7. Z ... �; .. . ..............
County of .. ss.
................................
....
.—ITJ��-... ......... I .&
On day ofV...".....Iin the year .... 19 . jktx04.y4
. ........ before me
............. 0--17"y
Vmli
'e, HERE= ERI THE NAME
personally appeared S& k. ".I`............ . personally
AND QUALITY OF THE O ER)
known to me (or proved to me on the basis of
satisfactory evidence) to be the person that executed
this instrument, on behalf of the partnership and
ackowledged to me that the partnership executed it.
OFFi:=
CINDY BETTENCOURT
NOTARY PUBUC - CAUFORNIA
Principal Office in MARIN County
MY Cw=*9iDa Expires May 20, 1986
(SEAL)
.......... ..........
ATTORNEYS PRINTING SUPPLY FORM NO. 8 N ary Public for California
CC 11900. (REV. 1982)