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Home My WebLink AboutCC Resolution 7147 (445 Francisco Blvd)RESOLUTION NO. 7147 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with George H. and Geraldine Dexter, Aqreement for Providing nf Improvements, 445 Francisco Boulevard East, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro- duced and adopted at a Regular meeting of the City Council of said City held on Monday the Fifth day of Auqust 19 85 , by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan NOES: COUNCILMEA,1BERS : None ABSENT: COUNCILMEMBERS: Frugoli NNE M. LEONCIN , City Clerk /q-7 445 Francisco Boulevard East AGREEMENT FOR PROVIDING OF IMPROVEMENTS THIS AGREEMENT FOR PROVIDING OF IMPROVEMENTS, hereinafter referred to as "AGREEMENT", entered into by and between the CITY OF SAN RAFAEL, a political subdivision, hereinafter referred to as "CITY", and GEORGE H. DEXTER and GERALDINE DEXTER, his wife, hereinafter referred to as "OWNER", is based upon the following facts and representations: A. OWNER has made application for a Building Permit to construct certain buildings and/or appurtenances on or adjacent to existing structures on that certain real property which is more particularly described on Exhibit "A", attached hereto and incorporated herein. B. As a condition to the issuance of such Building Permit, CITY requires OWNER to provide certain physical improvements on portions of property described on Lxhibit "A" fronting and contiguous to Francisco Boulevard, in accordance with a revised Site Desi n Plan submitted by OWNER. C. Because the improvements required of OWNER to be placed along Francisco Boulevard cannot be completed until widening of Francisco Boulevard, CITY requires this AGREEMENT to be executed and recorded so that it becomes an obligation of OWNER upon the terms and conditions set forth herein. D. To delineate the work of improvement to be accomplished by OWNER along Francisco Boulevard as required by CITY, there is attached hereto and incorporated herein, marked Exhibit "B", a "Site Plan - Service Area Addition to Dexter Toyota" prepared by Fredric C. Divine Associates, Architects, dated December 21, 1984 with revisions dated, respectively, March 13, 1985; April 30, 1985 and June 6, 1985, consisting of one (1) sheet. E. For the purposes of this AGREEMENT, OWNER shall include the successors, assigns and/or transferees of GEORGE- H. DEXTER and GERALDINE DEXTER, his wife. NOW, THEREFORE, the parties hereto agree: AGREEMENT FOR PROVIDING OF IMPROVEMENTS - 1 1. CITY shall issue a Building Permit to OWNER for the construction of a structure upon Exhibit "A" in accordance with the plans contained on Exhibit "B". 2. In consideration of the grant to OWNER of the Building Permit referred to above, OWNER agrees that at such time in the future ast -the CITY widens Francisco Boulevard, OWNER shall, con tern poraneously therewith, construct and provide improvements, at its sole cost, along the property owned by OWNER described on Exhibit "A" and contiguous to Francisco Boulevard, which improvements shall include all work of improvements and landscaping designed on Exhibit "B" and shown on or contiguous to the 16 foot front setback shown for future road expansion. 3. After notification given by CITY to OWNER that Francisco Boulevard has been widened and the improvements required of OWNER hereunder should be completed, OWNER shall have a period of ninety (90) calendar days thereafter within which to complete the same. 4. In the event that legal action is filed to interpret any provision of this AGREEMENT and/or to compel compliance with it, the prevailing party shall be entitled to recover, its attorney's fees and costs as determined reasonable by the Court. DATED this 5th day of August 1985. CITY OF SAN RAFAEL A Political Subdivision iJawrence E. Mulryan Its Mayor Attest: City Acler Appro e d as toy form: J 1 "GERALDINE DEXTER AGREEMENT FOR PROVIDING OF IMPROVEMENTS - 2 STATE OF CALIFORNIA ) ss. COUNTY OF MARIN ) On this 2nd day of OCTOBER _ , 1985, before me personally appeared LAWRENCE E. MULRYAN , known to me (or proved to me on the basis of satisfactory evidence) to be the MAYOR of the CITY OF SAN RAFAEL, a political subdivision, whose name is subscribed to the within instrument, and acknowledged to me that he executed the same on behalf of the City of San Rafael. CI-PCLOL SEAL J��- NN7 M. LEONCMI NOTARY P'. 9LIC - CAiIfO?h11A �•3i Principai O!ri;a in MARIN COUNTY '�•' MY Commission Expires Oa. 27, 1987 Nota llc in an�fothe State Of ^�sr -��-�----rte--ti-- �- California 1400 5th Ave., P. O. Bax 60, San Rafael, CA 94715.0060 STATE OF CALIFORNIA ) ss. COUNTY OF MARIN ) On this day of41DENT/ER t� c. Gr S� 1985, before me personally appeared GEORGE and GERALDINE DEXTER, his wife, P Y PP known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the ,with{n,in�strumgRt, kqd ackn24;ledged to me that they executed the same. OFFICIAL SEAL MICHELLE R. TREMBLEY - W`� NOTARY PUBLIC -CALIFORNIA "� ` PRINCIPAL OFFICE IN cQWBg�WY liotary MRu:bbiraiSSi&b E4Ad OfOd9. thV 'State of lIcuirucit a r • " , AGREEMENT FOR PROVIDING OF IMPROVEMENTS - 3 DCSC IPT10N Lands Described in 2656 - OR - 21G anc3 3149 - OR - 7.16 Marin Comty Records City of San Rafael Marin County California Beginning at the most southerly corner of lands described in book 2656 of Official Records at page 216; Marin County Records; said point also being on the northerly line of Francisco Boulevard; thence along the easterly line Nll°57'E (called N13°19'40"E) 348.86 feet, to the most easterly corner of said lands, thence along the northerly line N74053'W 305.79 feet (called N73°30'20"W 305.0 feet) to the easterly line of lands described in book 3149 of Official Records, at page 216; Marin County Records; said point also being the most northerly corner of lands described in book 2656 of Official Records, at page 216; Marin County Records; thence along said easterly line N11045'E 39.98 feet to the most easterly corner; thence leavirKj said corner and along the northerly line N751581W 49.98 feet (called N76°52'30"W 50.00 feet) to the most northerly corner; thence leaving said corner and along the westerly line S110451W 242.72 feet (called 242 feet more or less) to the westerly corner also being the northerly line of Francisco Boulevard; thence along the southerly line and the northerly line of said Boulevard S53015'E (called S530211E) 55.10 feet to the most westerly corner of lands described in book 2656 of Official Records, at page 216; Marin County Records; thence along the southerly line of said lands also being the northerly line of Francisco Boulevard S53°151E (called S51°52'21"E) 335.47 feet to the POINT Or BEGINNING. Containing an area of 2.298 Acres more or less. �v JOSEPH CROI No. 3775 1* EXHIBIT "A" q ,T1 11 v 1 9R ; " d' vv "t�Jry rnrc va• tci li �� c �, i ��•q �� ,�` � ri •'f'IMjMI PtK dMv 07'.7r*WA tr 3. 'f qQ.7) ='1' b a i t . tit• ♦ f js •�yd+ :; p vlcl,al. S+aLr+d of Y �•] ^�� J� ,��z . �� •':3??. k. }.••',y f''o�lecv r3sry �any135 rv`+d � e � a i In t a � •.s t � �t i n a- �� a 9 ItX r 9 ¢ � CCC � C ¢ ✓� . � �- S � 1� � •� ...11l k�-, 9 9 17 o y O $ 9 °C a i PiC 9 a¢ 4 k �,�kI , 244 46 -- UO LLJ c✓ ��tA � Cai �) N � 19 �.\ 1!1 1 � ' FI � �, ?• S % , a �o'tss Ai Apr st est IIt�IIIIIIIIIIIIlII I I ---