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
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BENEFIT OF
CITY OF S.R.
& COUNTY
GOVT CODE 6103
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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.
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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:-_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
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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