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
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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