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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 t -1Qfq �.� (,tjI\'UI_ij A i f?l_UUt� I Uf 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 1v 11 Cj w 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= C." O N N CD 0 cn 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.