HomeMy WebLinkAboutCC Resolution 7099 (275 Channing Way)RESOLUTION NO. 7099
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
Victor Gavallos and Constantina Gavallos for below market rate
apartment units proposed at 275 Channing Way,
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 20th day of May ,
19 85 , by the following rote, to wit:
AYES: COUNCIL'.B'•BERS : Breiner, Frugoli , Nave, Russom & Mayor Alulryan
NOES : COU'•;CIL'1Ek=RS : None
ABSENT: COUNCILMElBERS : None
AgNE'71LEOANCINI, City Clerk
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AGENCY SHOWN
I°85 HAY 28 P11 3` 10
65022005
AGREEMENT AND RESTRICTIVE COVENANT
WHEN RECORDED, RETURN TO:
JEANNE M. LEONCINI, City
Clerk, CITY OF SAN RAFAEL
P.O. Box 60
San Rafael, CA 94915-0060
MI',RIN COUN i Y (;X1_IF0RN1A
_ This Agreement and Restrictive Covenant is entered
/ into this 20thday ofMay 1985, by and between
the City of San Rafael, a municipal corporation ("City"
hereafter) and Victor Gavallos and Constantina Gavallos,
("Owners" hereafter) and is based upon the following
facts:
(a) Owners hold title to that certain real property
("property" hereafter) situated in the City of San Rafael,
County of Marin, State of California, more particularly
described in Exhibit "A" attached hereto and incorporated
herein by reference.
(b) Pursuant to application of owners, City has
approved construction and development on the property by
Owners of thirty-two (32) residential units.
(c) In order to implement the housing element of its
General Plan and acting pursuant to the provisions of
Title 7, Division 1, Article 10.6 of the Government Code,
City has required as a condition to the approval of
Owners' development of the property that Owners designate
seven (7) of the thirty-two (32) residential units to be
developed by them as low income rental units for a period
of ten (10) years.
(d) This Agreement is intended to implement the
foregoing condition and to act as a restrictive covenant
on the property requiring that the same be administered
and occupied in accordance with said conditon.
NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN
THE PARTIES HERETO AS FOLLOWS:
1. For a period of ten (10) years from and after
1
A
85022005
the date of the issuance by City of a Certificate of
Occupancy for the residential units to be constructed on
the property, seven (7) of said residential units shall be
used solely as rental units to be rented to low income
households. "Low income households" shall be defined as
households, the occupants of which have an aggregate
income of less than eighty percent (800) of the San
Francisco Bay Area median income. The Housing Authority
of the County of Marin is hereby designated as the agency
which shall, from time to time, determine "low income" as
defined herein. The decision of the Housing Authority of
the County of Marin shall be final and binding upon the
parties hereto.
2. Prior to the issuance of a Certificate of
Occupancy for any of the residential units, Owners shall
file with the City of San Rafael a written statement in
which they designate the specific residential units which
shall be subject to the restrictions contained herein.
Said designation shall include two (2) one (1) bedroom
units designed for occupancy by two (2) person households
and five (5) studio units designed for occupancy of one
(1) person households. The units so designated by the
owners shall not be changed without the written consent of
the City of San Rafael.
3. The property described in Exhibit "A" hereto
shall be held, conveyed, mortgaged, encumbered, leased,
rented, used, occupied, sold and improved subject to the
restrictions contained herein. Said restrictions shall
constitute covenants which shall run with the land and
shall be binding upon Owners, their successors and
assigns, and all parties having or acquiring any right,
title or interest in or to ( including the right of occupancy)
any part of the property.
`a
r -
81022005
4. Upon the expiration of the restrictions
contained herein, City shall execute and cause to be
recorded such document or documents as may be necessary to
release the property of the restrictions contained herein.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement and Restrictive Covenant the day and year
first above written.
K
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ATTEST:'
—?—.d�—C Vler�
STATE OF CALIFORNIA )
ss.
COUNTY OF MARIN )
Victor Gavallos, wner
eQ1=tina,54vallos,
Owner
CITY OF SAN RAFAEL
Mayor
On this 22nd day of MAY , 1985, before me, JEANNE M. LEONCINI, a
Notary Public in and for the said County and State, residing therein, duly
commissioned and sworn, personally appeared LAWRENCE E. MULRYAN
personally known to me (.ar_-pLr-.ped-to-me-oa-the- basis-e#'-satas#a-c-te-ry-
ey+defl�-e-) 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 writt ri,-
OFFICIAL SEAL
JEANNE M. LEONCINI
c d NOTARY PUBLIC - CALIrORNIA
Principai Office in MARIN COUNTY
My Commission Expl res Oct, 27, 198'
JEAN 'M: LEONCINI, RY PUB C in and for , . , , , , , , , , , , . .
GENERAL ACKNOWLEDGMENT
State ofl � ,Q..����!i��� � 1
ss.
County of
OFFICIALS AL
IVIP!F EO H. H/tLLlal N
NOTARY PUBLIC- CALIFORNIA
a r
COUNITY OF ;Z!iJ f
My Comm. Expires AU ;USt 22, 1986 r
On this the day of 14F, before
the undersigned Notary Public personally appeared
`�,�CJta t_ 0 Q�c,cQ
personally known to me
C proved to me on the basis of satisfactory evidence
to be the person s whose name(s) subscribed tc
within instrument, and acknowledged that Pxecutc
WITNESS my hand and official seal.
Notarv's Signature
W, `�`85U220Q5-
X501598?
DESCRIPTION
That certain real property situate in the City of San Rafael,
County of Marin, State of California, and described as
follows:
BEGINNING; at the Southwesterly corner of Lot 24, as shown upon
that certain map entitled, "Map of Marin Professional Center Unit
3," recorded November 1, 1960 in Book 10 of Maps at page 85,
Marin County Records; running thence along the exterior boundary
of the lands shown upon said map North 00 09' 00" West 169.94
feet; thence North 650 34' 36" East 57.36 feet; thence on a
curve to the left whose center bears North 650 34' 36" East
40.00 feet for a distance of 95.12 feet; thence on a curve to
the right with a radius of 20 feet for a distance of 24.62 feet;
thence North 89° 51' 00" East 223.43 feet; thence on a curve
to the left with a radius of 220.00 feet for a distance of
223.15 feet; thence North 31° 44' 06" East 179.91 feet; thence
North 58' 15' 54" West 40.00 feet; thence North 31° 44' 06" East
88.86 feet; thence North 58° 15' 54" Hest 141.63 feet to the
exterior boundary of the lands shown upon that certain map
entitled, "Map of Marin Professional Center Unit 2," recorded
November 1, 1960 in Book 10 of :Saps at page 84, Marin County
Records; running thence along said last named exterior boundary
South 40* 00' 00" West 63.37 feet; thence South 54° 30' 00"
West 151.72 feet; thence South 72° 30' 00" West 234.01 feet
to the Southwesterly corner of Lot 16 as shown upon said last
mentioned map; thence leaving said last mentioned exterior
boundary North 77° 34' West 314.17 feet to the intersection of
the calls set forth as "North 000 09' West 500.36 feet and
South 89° 51' West 619.79 feet" in the Deed from San Rafael Land
Title Company, a corporation, to Commonwealth Development Co.,
a limited partnership, recorded May 29, 1957 in Book 1118 of
Official Records at page 39, Marin County Records; running
thence along the exterior boundary of the lands described in said
Deed to Commonwealth Development Co., a limited partnership,
South 00° 09' East 500.36 feet; thence North 89° 51' East 151.3
feet, more or less, to the point of beginning.
s
14 c` �: 5
0 98
�26n ITEM #6
DESCRIPTION (May 20, 1985)
That certain real property situate in the City of San Rafael,
County of Marin, State of California, and described as
follows:
BEGINNING. at the Southwesterly corner of Lot 24, as shown upon
that certain map entitled, "map of Marin Professional Center Unit
3," recorded November 1, 1960 in Book 10 of Maps at page 85,
Marin County Records; running thence along the ,exterior boundary
of the lands shown upon said map North 0° 09' 00" West 169.94
feet; thence North 65' 34' 36" East 57.36 feet; thence on a
curve to the left whose center bears North 65° 34' 36" East
40.00 feet for a distance of 95.12 feet; thence on a curve to
the right with a radius of 20 feet for a distance of 24.62 feet;
thence North 89° 51' 00" East 223.43 feet; thence on a curve
to the left with a radius of 220.00 feet for a distance of
223.15 feet; thence North 31° 44' 06" East 179.91 feet; thence
North 58° 15' 54" West 40.00 feet; thence North 31° 44' 06" East
88.86 feet; thence North 58° 15' 54" [lest 141.63 feet to the
exterior boundary of the lands shown upon that certain map
entitled, "Map of Marin Professional Center Unit 2," recorded
November 1, 1960 in Book 10 of ;laps at page 84, Marin County
Records; running thence along said last named exterior boundary
South 40° 00' 00" West 63.37 feet; thence South 54° 30' 00"
West 151.72 feet; thence South 72° 30' 00" West 234.01 feet
to the Southwesterly corner of Lot 16 as shown upon said last
mentioned map; thence leaving said last mentioned exterior
boundary North 77° 34' West 314.17 feet to the intersection of
the calls set forth as "North 00° 09' West 500.36 feet and
South 89° 51' West 619.79 feet" in the Deed from San Rafael Land
Title Company, a corporation, to Commonwealth Development Co.,
a limited partnership, recorded clay 29, 1957 in Book 1118 of
Official Records at page 39, Marin County Records; running
thence along the exterior boundary or the lands described in said
Deed to Commonwealth Development Co., a limited partnership,
South 00° 091 East 500.36 feet; thence North 89° 51' East 151.3
feet, more or less, to the point of beginning.
C=
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RESOLUTION A 0 999 05
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
Victor Gavallos and Constantina Gavallos for below market rate
apartment units proposed at 275 Channing Way,
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
City held on Monday
meeting of the City Council of said
the 20th day of May ,
19 85 , by the following vote, to wit:
AYES: C0UNCIL:LDIBERS:Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COL'NCIL`.[P.BERS : None
ABSENT: COUNCILMEMBERS:None
ANNE M. LEONIIN-l" ', it;-, Rkerk
•• ,A1,
COPY _7QQ9
AGREEMENT AND RESTRICTIVE COVENANT
This Agreement and Restrictive Covenant is entered
into this 20thday of May , 1985, by and between
the City of San Rafael, a municipal corporation ("City"
hereafter) and Victor Gavallos and Constantina Gavallos,
("Owners" hereafter) and is based upon the following
facts:
(a) Owners hold title to that certain real property
("property" hereafter) situated in the City of San Rafael,
County of Marin, State of California, more particularly
described in Exhibit "A" attached hereto and incorporated
herein by reference.
(b) Pursuant to application of owners, City has
approved construction and development on the property by
Owners of thirty-two (32) residential units.
(c) In order to implement the housing element of its
General Plan and acting pursuant to the provisions of
Title 7, Division 1, Article 10.6 of the Government Code,
City has required as a condition to the approval of
Owners' development of the property that Owners designate
seven (7) of the thirty-two (32) residential units to be
developed by them as low income rental units for a period
of ten (10) years.
(d) This Agreement is intended to implement the
foregoing condition and to act as a restrictive covenant
on the property requiring that the same be administered
and occupied in accordance with said conditon.
NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN
THE PARTIES HERETO AS FOLLOWS:
1. For a period of ten (10) years from and after
S'22�dS �/2z�K�
the date of the issuance by City of a Certificate of
Occupancy for the residential units to be constructed on
the property, seven (7) of said residential units shall be
used solely as rental units to be rented to low income
households. "Low income households" shall be defined as
households, the occupants of which have an aggregate
income of less than eighty percent (80%) of the San
Francisco Bay Area median income. The Housing Authority
of the County of Marin is hereby designated as the agency
which shall, from time to time, determine "low income" as
defined herein. The decision of the Housing Authority of
the County of Marin shall be final and binding upon the
parties hereto.
2. Prior to the issuance of a Certificate of
Occupancy for any of the residential units, Owners shall
file with the City of San Rafael a written statement in
which they designate the specific residential units which
shall be subject to the restrictions contained herein.
Said designation shall include two (2) one (1) bedroom
units designed for occupancy by two (2) person households
and five (5) studio units designed for occupancy of one
(1) person households. The units so designated by the
owners shall not be changed without the written consent of
the City of San Rafael.
3. The property described in Exhibit "A" hereto
shall be held, conveyed, mortgaged, encumbered, leased,
rented, used, occupied, sold and improved subject to the
restrictions contained herein. Said restrictions shall
constitute covenants which shall run with the land and
shall be binding'upon Owners, their successors and
assigns, and all parties having or acquiring any right,
title or interest in or to (including the right of occupancy)
any part of the property.
2
4. Upon the expiration of the restrictions
contained herein, City shall execute and cause to be
recorded such document or documents as may be necessary to
release the property of the restrictions contained herein.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement and Restrictive Covenant the day and year
first above written.
STATE OF CALIFORNIA )
) ss.
COUNTY OF MARIN )
On this 22nd day of MAY 1985, before me, JEANNE M. LEONCINI, a
Notary Public in and for the said County and State, residing therein, duly
commissioned and sworn, personally appeared LAWRENCE E. MULRYAN ,
personally known to me (-=_pro,14ad-to -me-ora -the - basis -ef-satis-faE#aa^-y-
ev de -lei) 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 writt
• OFFICIAL SEAL
JEANNE M. LEONCINI
�NOTARYPUBL
NOTARY PUBLIC - CAurcItNIA
Principai Office in MARIN COUNTY
My Commiszran Ez,-ires Oct. 27, 1987
JEAN M:LEONCINI, in and for
said ounty and State. 1400 Sib P 0, Bo, 60, Snn Rnlaot, CA 94915.0060
(GENERAL ACKNOWLEDGMENT
NO. 21
State of California On this the day of 19_, before me,
SS.
County of Marin
the undersigned Notary Public, personally appeared ,
Victor ,avallns
GENERAL ACKNOWLEDGMENT No 2
1110 1@2
On this the day of 19 before me,
SS.
the undersigned Notary Public, personally appeared ,
Cdnstantina Gavallos
❑ personally known to me ,
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) i s subscribed to the
within Instrument, and acknowledged that she executed it.
WITNESS my hand and official seal.
Notary's Signature
NATIONAL NOTARY ASSOCIATION - 23012 Ventura BNd. - P.O. Boa 4825 - Woodland HAIa, CA a
�!DUcb987
�- DESCRIPTION
That certain real property situate in the City of San Rafael,
County of Marin, State of California, and described as
follows:
BEGINNING at the Southwesterly corner of Lot 24, as shown upon
that certain map entitled, "Map of Marin Professional Center Unit
3," recorded November 1, 1960 in Book 10 of Maps at page 85,
Marin County Records; running thence akong the exterior boundary
of the lands shown upon said map North 00 09' 00" West 169.94
feet; thence North 650 34' 36" East 57.36 feet; tYence on a
curve to the left whose center bears North 65° 34' 36" East
40.00 feet for a distance of 95.12 feet; thence on a curve to
the right with a radius of 20 feet for a distance of 24.62 feet;
thence North 89° 51' 00" East 223.43 feet; thence on a curve
to the left with a radius of 220.00 feet for a distance of
223.15 feet; thence North 31° 44' 06" East 179.91 feet; thence
North 580 15' 54" West 40.00 feet; thence North 31° 44' 06" East
88.86 feet; thence North 58° 15' 54" West 141.63 feet to the
exterior boundary of the lands shown upon that certain map
entitled, "Map of Marin Professional Center Unit 2," recorded
November 1, 1960 in Book 10 of Naps at page 84, Marin County
Records; running thence along said last named exterior boundary
South 40' 00' 00" West 63.37 feet; thence South 54° 30' 00"
West 151.72 feet; thence South 72° 30' 00" West 234.01 feet
to the Southwesterly corner of Lot 16 as shown upon said last
mentioned map; thence leaving said last mentioned exterior
boundary North 77° 34' West 314.17 feet to the intersection of
the calls set forth as "North 00° 09' West 500.36 feet and
South 89° 51' West 619.79 feet" in t -he Deed from San Rafael Land
Title Company, a corporation, to Commonwealth Development Co.,
a limited partnership, recorded `Say 29, 1957 in Book 1118 of
Official Records at page 39, Marin County Records; running
thence along the exterior boundary of the lands described in said
Deed to Commonwealth Development Co., a limited partnership,
South 00° 09' East 500.36 feet; thence North 890 51' East 151.3
feet, more or less, to the point of beginning.
A y-
Sr "C ADDENDUM
1 #6
DESCRIPTION (May 20, 1985)
That certain real property situate in the City of San Rafael,
County of Marin, State of California, and described 3s
follows:
BEGINNING. at the Southwesterly corner of Lot 24, as shown upon
that certain map entitled, ""tap of Marin Professional Center Unit
3," recorded *"ovember 1, 1960 in Book 10 of IMaps at page 85,
Marin County Records; running thence dons; the exterior boundary
of the lands shown upon said map North 0° 09' 00" Wast 169.94
feet; thence North 650 34' 36" East 57.36 feet; thence on a
curve to the left whose center bears North 650 34' 36" East
40.00 feet for a distance of 95.12 feet; thence on a curve to
the right with a radius of 20 feet for a distance of 24.62 feet;
thence north 89° 51' 00" East 223.43 feet_; thence on a curve
to the left with a radius of 220.00 feet For a distance of
223.15 feet; thence Horth 31° 44' 06" East 179.91 feet; thence
North 58' 15' 54" West 40.00 feet; thence North 31° 44' 06" East
88.86 feet; thence North 58° 15' 54" F7est 141.63 feet to the
exterior boundary of the lands shown upon that certain leap
entitled, "Mzp of iSarin Professional Center Unit 2," recorded
November 1, 1960 in Book 10 of Raps at page 84, Marin County
Records; running thence along said last named exterior boundary
South 400 00' 00" ;nest 63.37 feet; thence South 54° 30' 00"
West 151.72 feet; thence South 72° 30' 00" West 234.01 feet
to the Southwesterly corner of Lot 16 as shown upon said last
mentioned map; thence leaving said last mentioned exterior
boundary North 77° 34' West 314.17 feet to the intersection of
the calls set forth as "North 00° 09' West 500.36 feet and
South 89° 51' West 619.79 feet" in ttie Deed from San Rafael band
Title Company, a corporation, to Commonwealth Development Co.,
a limited partnership, recorded t4ay 29, 1957 in Book 1118 of
Official. Records at page 39, t•{arin County Records; running
t:,ence along the exterior boundary of the lands described in said
Deed to Commonwealth Development Co., a limited partnership,
South 00° 09' East 500.36 feet; thence North 89° 51' East 151.3
feet, more or less, to the point of beginning.