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HomeMy WebLinkAboutResolution No. 6228RESOLUTION NO. 6228 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 Modification of Settlement Agreement Entered into g'etween FRED GRANGE and the CITY OF SAN RAFAEL dated August 6, 1981. 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 twenty-first day of p remb r 19 81 by the following vote, to wit: AYES: COUNCILMEMBERS : Breiner, Frugol i , Jensen, Miskimen and Mayor Mulryan NOES: COUNCILMEA/1BERS : None ABSENT: COUNCILMEMBERS : None ANNE M. LEONCINI, City Clerk b(W MODIFICA'.iION OF SETTLEMENT AGREEMEN'i ENTERED INTO BETWEEN FRED GRANGE AND THE CITY OF SAN RAFAEL DATED AUGUST 6, 1981 WHEREAS, by mutual agreement FRED GRANGE (hereinafter referred to as "landowner" and the CITY OF SAN RAFAEL ("City") entered into a Settlement Agreement dated August 6, 1981; and WHEREAS, since entering into that Agreement the parties mutually desire to modify that Agreement to provide for an under- standing and binding agreement relative to the following matters: 1. The determination of conditions reasonably related to a Certificate of Compliance, specifically determining exaction of property for levee purposes; 2. Assumption of the obligations for making improvements to the levee which is located on the property of landowner; and 3. Clarification of the time for performance of dedication and improvement requirements. FOR VALUABLE CONSIDERATION RECEIVED and in exchange for the mutual promises set forth below, the parties hereby agree as follows: 1. The City Council hereby declares and agrees that a 45' strip of property extending inward from +6 mean sea level (MSL) is all that is reasonably necessary and will be required for a levee, and levee maintenance, open space, or, if the City so desires, park purposes, on Assessor's Parcel Nos. 9-161-14, 42, and 9-290-01, 02, and 03. It is also acknowledged that said action may, upon further determination contribute to mitigation measures designed to minimize the significant impacts of any proposed development on these parcels. It is further acknowledged that the 45' dedication requirement is subject to a final determination of conditions which will be imposed for environmental mitigation dependant upon an assessment of the environmental effects, if any, which must be analyzed pursuant to the California Environmental Quality Act on this particular parcel. Thereafter, it :is also acknowledged that the City may impose any environmental mitigation measures authorized by CEQA and the guidelines promulgated by the Resources Agency in accordance with the following lawful considerations: kFff, Ii f� � f - 1 - (a) Future exactions and requirements, if any, shall be limited to that which is reasonably necessary to offset adverse environmental impacts of particular future proposed development on this parcel. (b) Any further exactions obtained will not be used for park purposes. (c) The 45' strip of property to be dedicated may be credited towards providing environmental mitigation and may be considered as a mitigation measure designed to contribute to off- setting adverse environmental impacts, if any, which might later be determined. (d) The application of any maximum lot coverage require- ments equire- ments imposed by the City will take into consideration the 45' strip of property which is to be dedicated and the landowner will receive a credit for said dedication. 2. Landowner agrees to convey, or cause to be conveyed, pursuant to grant deed, a strip of land in fee simple absolute extending along the perimeter of his property of exactly 45' inward from the +6 ISSL. This dedication shall be made at such time as a building permit is issued for the development of said property. 3. Landowner agrees to make any and all improvements for that portion of the levee which is located on his property. Said improvements shall be accomplished in the manner specified and at the direction of the City of San Rafael. 4. Staff shall execute a Certificate of Compliance for the above -referenced Assessor's Parcels upon execution of this Agreement by the parties. 5. The City agrees to process landowner's use permit application within 90 days from the termination of the 30 day public review period of the draft environmental document (EIR, Focused EIR or Negative Declaration). However, this provision shall be null and void if a complete application for a use permit is not tendered on or before August 6, 1982. - 2 r DATED: 1981 ATTEST: Jetpe M. Leoncini, City Clerk DATED: J 2�� ;� ( 1981 APPROVED AS TO FORM: William T. Bullard, Jr. Assistant City Att t y 12 A/1 CITY OF SAN RAFAEL ff awrence E. Mulryan, Mayor F e -fl ran �