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HomeMy WebLinkAboutCC Resolution 6901 (Kerner Blvd Assessment District)RESOLUTION NO. 6901 RESOLUTION APPROVING SETTLEMENT AGREEMENT WITH RAY PIOMBO KERNER BOULEVARD ASSESSMENT DISTRICT The City Council of the City of San Rafael resolves: As a part of the proceedings for improvements in the Kerner Boulevard Assessment District, this Council approves that certain settlement agreement between the City of San Rafael and Ray Piombo dated August 20, 1984, and attached to this resolution. The Mayor is authorized to sign the agreement and the City Clerk is authorized to attest its execution. I, JEANNE M. LEONCINI, 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 20th day of August, 1984, by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave, Russorn & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEM$ERS: Breiner JE4WNE M. LEONCIN , City Clerk L 0;lel SETTLEMENT AGREEMENT This Agreement between the City of San Rafael ("City") and Raymond Piombo ("Piombo") concerns the Kerner Boulevard Assess- ment District ("District") in East San Rafael. Piombo owns land generally on the southeast side of that portion of Kerner Boulevard which is to be renamed "Grange Way," and which runs approximately 450 feet from Piombo Place to Francisco Boulevard ("the street"). Piombo has performed certain road, storm drainage and utility improvements in the street. By this agreement Piombo's property, just referred to, will be included in the District, the credits and payments for work pre- viously done by Piombo are fixed, the assessment on Piombo's property is fixed, and Piombo agrees to waive notice and hearing in that regard and to release any and all claims against the City concerning the Dis- trict and its improvements. 1. Piombo's property as described above and more particularly described below shall be included in the District. The total assess- ment on the parcels is agreed to be $350,000.00, to be spread among the six parcels on the basis of approximate net area as follows: Assessment Amount of Assessor's Diagram No. Assessment Parcel No. 42A $ 49,611.42 9-161-43 42B 51,596.35 9-161-44 42C 81,254.08 9-161-45 42D 98,944.25 9-161-46 42E 58,800.85 9-161-47 43 9,793.05 9-161-48 2. Piombo will promptly execute all documents necessary to transfer to P.G.& E. the utility improvements he has made in the street in exchange for a payment of $6,000.00 from the District. Piombo understands that without this provision, the City would not have entered into this agreement. 3. Piombo will receive a cash credit on his assessment from the District in the sum of $294,860.00 which will be paid in like manner as the cash credits for street right of way in the District. 4. Piombo hereby warrants he is the sole owner of the parcels listed in paragraph 1 above. Under Chapter 4 of Division 12 of the California Streets and Highways Code, Piombo hereby waives notice of the assessments shown in paragraph 1 above; waives hearing on those assessments; and the right to protest those assessments. Piombo hereby waives his right to pay all or any portion of those assessments in cash within 30 days of their being levied (Streets and Highways Code Section 8620). 5. Piombo, for himself and his successors in interest, his heirs and assigns, hereby forever releases the City from any and all claims, whether known to Piombo or unknown to him, whether presently existing or not, concerning the District, its proceedings and itsimprove- ments, and concerning the East San Rafael Wetlands Mitigation Plan. Piombo explicitly waives the right to maintain any lawsuit against the City for money damages regarding (or to challenge or restrain any aspect of) the District (including its proceedings and improve- ments) or the referenced Mitigation Plan even as to aspects thereof or claims which may only arise or become apparent in the future. This condition is an essential part of the consideration for this agreement, without which the City would not have entered into this agreement. In connection with the foregoing, Piombo, after consul- tation with counsel, waives his rights under California Civil Code Section 1542 which reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of execut- ing the release, which if known by him must have materially affected his settlement with the debtor." DATED: August L-1- 1984 c � Y D PIOMBO C, I Lawrence E. Mulryan, Mayor CITY OF SAN RAFAEL, a Municipal Corporation APPROVED AS TO FORM: City Attorney ATTEST: 4n�n!e M. Leoncini, City Clerk