HomeMy WebLinkAboutCC Resolution 7592 (Purchase Open Space)RESOLUTION NO. 7592
RESOLUTION AUTHORIZING THE SIGNING OF A
LICENSE FOR SPECIFIED USE RELATIVE TO
THE PURCHASE OF OPEN SPACE LANDS AT THE
END OF RIDGEWOOD DRIVE
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES
as follows:
The Mayor and City Clerk, in conjunction with the Marin
County Open Space District, are authorized to execute, on behalf of
the City of San Rafael, a license with Horst and Ingeborg Mueller and
Heinz and Hannelore Nolte. Said license to be for a specific use
relative to the purchase of open space lands at the end of Ridgewood
Drive. A copy of said license is attached hereto and incorporated
herein by this reference.
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 17th day of August, 1987, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Q�I
JEA �.LEONC I Y\ City clerk
A.P.#10-341-15
Also affects A.P.#10-341-02 and 37
LICENSE
R E V I S E D
MARIN COUNTY OPEN SPACE DISTRICT, a public district, and the CITY
OF SAN RAFAEL, a municipal corporation, hereinafter referred to as "LICENSORS"
do hereby grant to HORST MUELLER, INGEBORG MUELLER, HEINZ NOLTE AND HANNELORE
NOLTE, hereinafter referred to as "LICENSEES" a license for the right to use
a portion of LICENSORS real property as described in EXhibit "A" attached hereto
and by reference made a part hereof, under the following terms and conditions.
1. LICENSE TERM - The term of this License shall be for twenty (20)
years and may be extended for a second term of twenty (20) years by LICENSEES
giving notice of intent to renew at least sixty (60) days prior to the date
of expiration. Subject to said notice of intent to renew, consent to renewal
by LICENSORS shall not be unreasonably withheld.
2. AREA - This License permits the use of an area fifteen (15) feet
in width along the most westerly boundary as described in Exhibit "A". Access
thereto shall be over LICENSORS property from the end of Ridgewood Drive to
said westerly boundary as described.
3. USE - The area may be used only for pedestian/equestrian purposes
and the delivery and storage of horse and garden supplies. Storage is on a
temporary basis and is defined as no more than a ten (10) day period.
4. ACCESS AND CANCELLATION - The aforementioned lands are to be
used as access to LICENSEES adjoining land described in Book 3313 at page 145,
Marin County Records (collectively).
LICENSEES are also individual owners of separate properties described
in Book 2317 at page 408 (MUELLER) and Book 2425 at page 401 (NOLTE) Marin
County Records (individual properties) that are adjaent to the lands described
in Book 3313 at page 145, Marin County Records (collectively).
In the event LICENSEES sell, convey or lease any interest in said
individual properties, then all right of use provided herein shall terminate
and cease to exist with regard to any and all successors and/or assigns of
either LICENSEE so conveying.
5. ENTRANCE AND LOCK - LICENSEES are permitted to place their personal
lock upon the gate that is to be constructed by LICENSORS in the near future.
�-10 �1-
6. LICENSEES' OBLIGATION - LICENSEES are required �.o maintain and
trim the existing acacia hedge along the most westerly boundary described in
Exhibit "A". Said trimming shall be performed no less than once a year to
insure that the hedge will riot reach a height or width of more than six (6)
feet.
LICENSEES are also required to cut, at least once a year by whatever
means, the grass or other vegetation upon the entire parcel of 'land described
in Exhibit "A".
Should LICENSEES -fail to perform the above obligations, LICENSORS
will notice LICENSEES by mail giving thirty (30) days notification to comply.
In 'the event the obligations of this paragraph are not performed within the
thirty (30) day notification period, this License will become cancelled by
recordation of cancellation notice with the Recorders Office of the County
of Marin,
7. LICENSEES shall indemnify, deFend and save harmless LICENSORS
from and against any and all liability, claim, cause of action, legal proceeding
or dispute arising from LICENSEES' use of the property described herein as
well as the obligations of LICENSEES described in paragraph si.c (6) hereinabove.
B. LICENSEES agree that nothing in this License shall be construed
to permit the installation of any, structure.
LICENSORS:
MARIN COs TY OPEN SPACE DISTRICT
Presiden o a� f Die tors
NJ
ATTEST:
Secretary
CITY OF SAN RAFAEL
STATE OF CALIFORNIA )
COUNTY OF MARIN ss.
LICENSEES:
,
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H01r'G r tri l`
ST MUELLER y
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ilne_,Gc(uc.
IqGEBOFtG MUEL R1
HETh1Z N(0
On this 17th day of AUGUST � 198 7, before me, JEANNE M. LEONCINI, a
Notary Pylic in and for the said County and State, residingg therein d ly
commissioned and sworn, personally appeared LAWRENCE E. MULRYON
personally known to me (or proved to me on the basis of satisfactory '
evidence) 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 fny hand and affixed my official seal
the day and year in this certificate first above written.
.vi.
JEANNE LH NC
. INI, N ARY PUBLIC in and for
said County and State.
OFFICIAL SEAL
JEANNE- M. LEONCINI
R.�t}•
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h1,JrAfiY PUBLIC - CAuroaNlA
Nm IP., Chic -in MArim COu14TY
My C •t o.1 C• it : Oct. 27, 1987
)400 -5th Avg. P
O. C" Gi" �:e f.'af-:.f, CA 94915 0050
THAT real property in the County of Marin, State of California,
bounded as follow:
Bounded on the southeast by the northwesterly boundary of
Highland Vista Unit 3 according to the map thereof filed in
Book 13 of daps at page 64, Darin County Records;
bounded on the northeast by the extension northwesterly of the
northeasterly boundary of said Highland Vista Unit 3j
lftoun,led on the norticwest by the northwesterly line of the lan3s
d®scribed Ln too deed Irc:i dose rraites Root, at al, to Title
Insurance and Trust Company recorded March 31, 1964 in 3ook
1796 of Of f La tal "Records at puha 613;
Bounded on the southwest by the northeasterly line of the lands
cow4*7ed to the Marin Municipal Water District by a dead
recorded December 11, 1967 Ln look 2178 of Official Records
at page 163.
EXHIBIT "A"
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