HomeMy WebLinkAboutResolution No. 6310 (637 Lindaro Street Improvements)RESOLUTION NO. 6310
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL AUTHORIZING EXECUTION OF AN AGREE-
MENT TO DEFER REQUIRED IMPROVEMENTS AT
637 LINDARO STREET
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY
RESOLVES as follows:
The Mayor and City Clerk are authorized to execute,
on behalf of the City of San Rafael, an agreement with RABL
to defer the obligation to construct required improvements
on Mariposa Road as a condition of environment and design
approval for 637 Lindaro Street, a copy of which is attached
hereto, and incorporated herein by this reference.
I, JEANNE M. LEONCINI, City 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 7th day of June, 1982, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen
& Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE E` -M. LEONCINI, City Clerk
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AGREEMENT TO DEFER
OBLIGATION TO
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CONSTRUCT REQUIRED IMPROVEMENTS
ADDRESS: 637 LINDARO STREET
ASSESSOR'S PARCEL NUMBER: 13-061-03
THIS AGREEMENT is made and entered into at San Rafael,
California, this 7th day of June, 1982, by and between
RABL , hereinafter referred to as "01,TNER" ; and
JC -he City of San Rafael, a Municipal Corporation in the County of
Marin, State of California, hereinafter referred to as "CITY".
' REC.ITALS
1. The OWNER owns real property in the City of San Rafael,
County of Marin, State of California, more partiularly described as --
Assessor's Parcel Number 13-061-03;
2. OWNER by application for an Environmental and Design
Approval has received conditional approval from CITY, a condition
of which approval requires OWNER to construct certain improvements
of real property at the sole cost and expense of OWNER; said improve-
ments hereinafter referred to as "REQUIRED IMPROVEMENTS", consisting
of but not limited to conform paving of Mariposa Road across the
full frontage of aforesaid parcel, only for OWNER'S proportionate
share of same, which proportion shall be the relationship of OWNER'S
property's frontage by lineal measurement to the total required to be
paved on said road and shall also include the proportionation among
oemers on both sides of said subject road and area to be paved;
,AWRENCE A. MAYER
ATTORNEY AT LAW
ALBERT BUILDING
R 1FAEL, CA 9301
,4151157 1%%f7
PAGE ONE.
ORIGINAL RETAINED AT COUNTY OF MARIN,
PER Tom Orovich.�
3. OWNER agrees to undertake construction of REQUIRED
IMPROVEMENTS when the other owners of real property located on
Mariposa Road construct their portions of conform paving of
Mariposa Road across the full frontage of'their respective parcels
or until such time as OWNER makes substantial use of Mariposa Road
for access to OWNER'S parcel, whichever occurs first;
4. OWNER is willing to covenant for his obligation to
construct REQUIRED IMPROVEMENTS by recording this document.
ACKNOWLEDGING AND UNDERSTANDING THESE RECITALS AND IN
CONSIDERATION THEREOF CITY AND OWNER HEREBY DO MUTUALLY STIPULATE
AND AGREE AS FOLLOWS:
1. OWNER has an obligation to construct REQUIRED
IMPROVEMENTS when either of the two events
described in Recital 3 hereof has occurred;
2. OWNER shall, upon execution of this covenant,
record this Agreement;
3. CITX,shall accept OWNER'S recording of this
Agreement as interim discharge of OWNER'S
obligation to construct REQUIRED IMPROVEMENTS;
4. Both parties agree that this agreement touches and
_ concerns OWNER' S „property_ and shall... run._wi.tli.
land and be binding upon all of OWNER's successors
in interest.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
OT.TIER ;F19e & . CITY OF SAN RAFAEL
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PAGE TWO.
LAWRENCE A. MAYER
ATTORNEY AT _Avj
ALBERTBUILDINS
,A% RAFAFL, CA 943-31
14151 457 1650
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Mayor
By
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y Clerk
APPROVED AS TO ORM:
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! 1,d /Ir-
Assistant C�ty Attorney