HomeMy WebLinkAboutResolution No. 5908RESOLUTION NO. 5908
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL AUTHORIZING THE SIGNING OF AN
AGREEMENT TO DEFER IMMEDIATE OBLIGATION TO
CONSTRUCT REQUIRED IMPROVEMENTS AT 619 LIN-
DARO STREET, SAN RAFAEL, CALIFORNIA
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 dated June 2, 1980
with THOMAS MERCURIO to defer immediate obligation to construct
required improvements at 619 Lindaro Street, San Rafael, California,
a copy of which is attached hereto, marked Exhibit "A", and incor-
porated 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 2nd day of June, 1980, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner,Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
J NE M. LEONCINI, City Clerk
ORI, GINA, L 04
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36343
AGREEMENT TO DEFER
IMMEDIATE OBLIGATION TO
CONSTRUCT REQUIRED IMPROVEMENTS
(ED 79-76)
ADDRESS: 619 LINDARO STREET
ASSESSOR'S PARCEL NUMBER: 13-061-50
RECORDED AT REQUEST OF
City of fan Rafael
Aj % IWII�: iPA�T M.
S EP 2 1980
Oiiicin] Records of Marin County, Calif.
FEE $ E�Q 0 h„RECORDER
-�U,y
eoor, 375. Fc?1
THIS AGREEMENT is made and entered into at San Rafael, California,
this 2nd day of June, 1980, by and between THOMAS MERCURIO, here-
inafter referred to as "OWNER"; and the City of San Rafael, a municipal
corporation in the County of Marin, State of California, hereinafter re-
ferred to as "CITY".
RECITALS
The OWNER owns real properties in the City of San Rafael, County
of Marin, State of California, more particularly described as Assessor's
Parcel Number 13-061-50; 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 improvements
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 owmers on both sides of said subject
road and area to be paved; OWNER has requested deferral of immediate con-
struction of REQUIRED IMPROVEMENTS until such time as the other owners
of real property located on Mariposa Road construct their portions of con-
fonn 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; OWNER desires to
covenant for his obligation to construct REQUIRED IMPROVEMENTS by record-
ing this document;
ECC'.: 3754 mer_ 6'1
ACKNOWLEDGING AND UNDERSTANDING THESE RECITALS AND IN CONSIDERATION
THEREOF CITY AND OWNER HEREBY DO MUTUALLY STIPULATE AND AGREE AS FOLLOWS:
1. OWNER has an immediate obligation to construct
REQUIRED IMPROVEMENTS.
2. OMER shall, upon execution of this covenant, record
this covenant.
s. CITY shall accept OWNER'S recording of this covenant
as interim discharge of OWNER'S immediate obligation
to construct REQUIRED IMPROVEMENTS.
4. OWNER shall construct REQUIRED IMPROVEMENTS when CITY
determines it is necessary and convenient to do so.
S. Both parties agree that this agreement touches and
concerns OWNER'S property and shall run with the land
and be binding upon all of OWNER'S successors in
interest.
IN WITNESS WHEREOF, the parties hereto have executed this
covenant the day and year first above written.
nwmFR
CITY OF SAN RAFAEL
TI-!OMAS MERCURIO �-
•�� ` Mayor
1 -.ate of California
County of Marin Attest:
On this pith day of August 1980, before me,
the undersigned Notary Public, personally appeared
11101VIAS MRMUCRIO f .
kmr:in to me to be the person whose name is City Clerk
aul)scribed to the within instrument.
In witness whereof, I hereunto set my hand_
-un official seal.
�Ilt,ary Deanna Ferguso )eLll
i .13-.:'• -_•' --,• :Cli7[f:lPPIC[tIl[!7:3?C!a
""LIIORNIA
Y (.Illi ��I•i 1)I- •':. illl•1
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:-1:. _:: 3!sii l:: u:1 .I2?J13:,11:l Je SI:7'1.;,: ! •1•P•.,•CCl11:A
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Approved as to Form:
IVB
Assistant City At-orney
f BOOK 3754 PNGr 6?3
STATE OF CALIFORNIA SSS.
COUNTY OF MARIN
�e1
On this day of III(It 'i,19 C"j before me, FDWARD 1'. WARD,
a Notary ublic in and for the County of Marin, State of California,
personally appeared
known to me to be the/V
of the City of SAN RAFAEL, and known to me
to be the person who executed the within instrument on behalf of said
agency or political subdivision, and acknowledged to me that such agency
or political subdivision executed the same.
01-RGIAL SEA'-
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NotarY 9 �'
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name
Boat1754 u,A'22
Notary Print EDWARD P. WARD
name
My commission expires May 6, 1983