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HomeMy WebLinkAboutResolution No. 5910RESOLUTION NO. 5910 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF A DEFERRED ASSESSMENT DISTRICT AGREEMENT, PELICAN WAY INDUSTRIAL COMPLEX, 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, a deferred assessment district agreement with ROBERT O. VALENTINE, MADELINE VALENTINE and FRANK PERRY GREEN relative to future improvements in the Pelican Way Industrial Complex, San Rafael, California, a copy of which is attached hereto, marked Exhibit "A", 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 intruduced 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 & t.�ayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen J M. LEONCIN , City Clerk 0-n'q� llrilq-13NAL 010 DEFERRED ASSESSMENT DISTRICT AGREEMENT This is an agreement between ROBERT O. VALENTINE, MADELINE VALENTINE and FRANK PERRY GREENE ("the Owners"), and the CITY OF SAN RAFAEL, a municipal corporation of the State of California ("the City"). The Owners are the owners in fee simple absolute of the real property known as 1717 East Francisco Boulevard in the City of San Rafael, County of Marin, State of California, and more particularly described as "Lot A" and "Lot B" as shown upon that certain map entitled, "Parcel Map of Pelican Way Industrial Complex", filed for record on the 14-%k day of AUGUST' I�8O in Book 18 of Parcel Maps at Page 'j)G , Marin County Records. The Owners have heretofore applied to the City for the subdivision of said land into two separate parcels; and as a condition of said subdivision, the Owners were required to enter into a covenant running with the land relating to the future improvement of Kerner Blvd. and Pelican Way through an assessment district. The Owners were required to enter into a covenant to hold the City harmless from loss in the event of the failure of the dike located between the property and San Francisco Bay. NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties agree as follows: 1. If and when the City of San Rafael, at the discretion of the City Council, deems it appropriate to organize an assessment r -V TIT A BLOW 375- ��1 district to finance the acquisition and construction of Kerner Boulevard and Pelican Way through the lands referred to herein, in accordance with the Master Plan of the City of San Rafael (whether or not it extends beyond said property), all of said property will be included in the assessment district and shall be subject to being assessed on the basis of benefit to said property. 2. The Owners will support, in the manner hereinbelow specified, the formation of a special assessment district pursuant to the provisions of The Municipal Improvement Act of 1913. Specifically, the Owners: A. Hereby waive the provisions of Division 4 of the Streets and Highways Code of the State of California (the Special Assessment Investigation, Limitation and Majority Protest Act of 1931) in accordance with Section 2804 of the Streets and Highways Code. B. Agree that they will sign a petition for the special assessment proceedings, containing a similar waiver of said Division 4 of the Streets and Highways Code, at such time as the petition is presented to them. C. Agree that they will file no written protest to the special assessment proceedings on any ground, except that the special assessment on the subject property exceeds the benefit to said property. D. Agree that they will not attempt to hinder or obstruct formation of a special assessment district or the levy -2- E"'D '3751 uH 44? of special assessments on the property, by litigation or otherwise; that this agreement shall not be construed to prevent the Owners from participating fully in discussion, meetings and public hearings to protect the interest of the Owners viz -a -viz other benefiting property owners or public agencies. 3. Owners shall, concurrently with the execution of this agreement, provide City with a grant deed in fee for that portion of Kerner Boulevard and Pelican Way required for future street purposes as described in "Exhibit A" attached hereto and thereby made a part hereof. 4. In any application to the Real Estate Commissioner pursuant to Section 11010 of the Business and Professions Code, the Owners agree that they will disclose the existence of this agreement and furnish a copy of this agreement as an exhibit to the application. 5. In the event of the formation of said assessment district, the Owners shall be given credit for dedications and for any useable improvements constructed thereon at private expense as permitted by the provisions of Section 10209 of said Streets and Highways Code or by,any similar provisions of other statutes which would permit such a credit to be given. "Useable improvements", as used in this paragraph 5, shall include, but not be limited to, improvements constructed at private expense which are incorporated or to be incorporated within the improvements to be constructed by the assessment -3- KdID, 3751 r-,�:Af3 district. 6. The Owners hereby further covenant and agree that they shall indemnify and hold the City of San Rafael harmless from any and all claims or liabilities for bodily injury or property damage occurring upon Lot A and/or Lot B, as shown upon said parcel map, by reason of failure of the dike which forms the shoreline of San Francisco Bay in the immediate vicinity of said property. In the event that the Owners hereafter sell, convey or transfer title to or an undivided interest in or on any part of lots A and/or B as shown upon said parcel map hereinabove referred to, Owners may cause their successors in title or interest to execute an agreement to hold the City harmless of claims or liabilities as set forth in this paragraph, in which event upon execution of said agreement by City, Owners shall be released of all liability or claims for injuries or damage as set forth herein. In the event that the Owners have conveyed or transferred all of their interest in either Lot A or Lot B to successors in interest who have executed an agreement, approved by the City, to hold the City harmless as set forth in this paragraph, the City shall execute a document indicating that the Owners are released from any further liability arising from or in connection with this paragraph 6 with respect to the lot so transferred or conveyed. 7. Upon fulfillment of the obligations under this agreement by Owners, said Owners may request City to Furnish appropriate -4- BC,C? 3751 F�-444 release from the provisions of this agreement in recordable form. 8. The covenant and agreements hereinabove set forth are hereby stipulated to be for the direct benefit of the Owner's lands above described and are intended to be and shall continue to be covenants running with said land and shall be binding upon the legal representatives, successors and assigns of the undersigned owners. Either party may record this agreement with the County Recorder of the County of Marin. Dated: JV IJP' Q—, 19so. APPROVED AS TO FORM: City Attorn y ATTL•ST: }` City, Clerk h OWNERS:. C -- li' ROBERT O. VALENTINE 0-0-� �, ra-�- - MADELINE VALENTINE 4v� Id FRANK PERRY G EENE CITY: CITY,OF SAN RAFAEL, a municipal corporation -5- Mayor ecof, 3751 f,+rr 445 "Kerner Boulevard" and "Pelican Way" as shown upon that certain map entitled "Parcel Map of Pelican Way Industrial au G. Complex" filed for record on the 14TM day of 1aj80 in Book IS of Parcel Maps at page 3 � , Marin County Records. Exhibit "A" BOOK 3751 fl -c 446