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HomeMy WebLinkAboutCC Resolution 7409 (Flood Control Zone 7)RESOLUTION NO. 7409 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF AN AGREEMENT TO ANNEX TO FLOOD CONTROL ZONE 7 THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The P4ayor and City Clerk are authorized to execute, on behalf of the City of San Rafael, an agreement with GOS Joint Venture and Los Galinas Development, Inc., to annex to Flood Control Zone 7, a copy of which is attached hereto and incorporated herein by this reference. I, JEANNE 12. LEONCINI, City Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 18th day of August, 1986, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILP4EDIBERS : None ABSENT: COUNCILMEMBERS: Russom JEAV�E'P'I. LEONerk X`IGiNA'I >yo9 BENEFIT OF CITY OF S.R. & COUNTY GOVT CODE 6103 J J U } L, U U O t.0 0 C) Ln W M U .J 7 J w o LL_ w ¢ Ln (_) :o L� t-0 `x Of o co r- l.Ll LJ C. Ln lam' J LZ ¢ �Q n a J a O cn U J W a- o L } LTJ �- S_ � -11 i'] rn � AOENCYKSHOWN 1`3b f ! G p !: 00 IIINo Fee GC6103A UV I OUU I RErCEIVEP N!AR 1 419Ro PLANNING 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. UV `. VUU( 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:-_ty 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 UV gkouuj of, and in favor of the CITY and enforceable by the CITY against OWNERS, their successors, assigns and grantees. Dated: L?//. -2 GOS JOINT VENTURE, a California LOS GALINAS DEVELOPMENT, general partnership INC., a corporation by a-- by Its Dated: August 22, 1986 Approve As To Form /City Attorney CITY OF SAN RAFAEL Playor Attest: At"'O'Lh City � Clerk . .. . I Acknowledgment - Corporation State of ... .. .......... ............ . . ..... . . ......... ... ......................... County of**�� .. ...... ............................................. ss. 2 �'' �'� r, On this... ............... day of .7 C in the year .... before me.... 900or INSERT THE t4AME U T ...... personally appeared...1 ..... . personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or=ecreta?ry or cr t m on behalf of the corporation therein name and acknowledged to me that the corporation executed it. NOT�— �UBUC - CALIFORNIA 107 P.; 'fa In MARIN County rJOU may 20, 1y I W — . W 'W V. E X H I B I T " A" 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, Safi Rafael, Marin County., California:",'filed for record December 15, 1983 in Volume 21 of PE.-rec.l. Maps, at Page 70, Marin County Records. Acknowledgment - Partnership State of ............. C6.......... ...VZ. -1; ' ss. -tTyWa--� Countyof ....... . . .. . ....... ............................................... o4 On day of ..... in the year .... before me ....... T (HERE 7-6R'T THE NAME Alb personally appeared ... .......... . personally -. •aJ QUALITY OF THE OF IC ERI 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 OFFICIAL seas CINDY BETTENCOURT NOTARY PUBUC - CAUFORNIA Principal Office in MARIN County My Cninb3ioa Expires May 20, 1 6 (SEAL) ATTORNEYS PR NTING SUPPLY FORM NO. 8 N ary Public for California CC 90Z:. (REV. 19821