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Home My WebLink AboutResolution No. 5555CA -7� -7 RESOLUTION NO. 5555 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 COVENANT WITH HAROLD HOLTZINGER AND SARA HOLTZINGER (Re: Property Adjacent to 50 Elda Drive - AP #175-082-21) a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday the eighteenth following vote, to wit: day of September , 1978 by the AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini rl A. J ANNE M. LEONCINI, City Clerk 1/78 -CC - - z THIS COVENANT is made, executed and delivered by Harold and Sara Holtzinger, and is based upon the following facts and circumstances: 'Y A) Harold and Sara Holtzinger are the owners in fee simple of certain real property situated within the City of San Rafael, Marin County, California, and more particularly described in Exhibit "A" attached hereto and incorporated herein. B) Harold and Sara Holtzinger have heretofore apflied to the City of San Rafael for abandonment of a 1' non -access strip fronting on Elda Drive and relating to the aforesaid real property. C) In connection therewith, Harold and Sara Holtzinger wish to enter into the within covenant in order to provide for each of the restrictions and limitations hereinafter stated. D) Other owners of real property located in the immediate vicinity of the property owned by Harold and Sara Holtzinger are particularly interested in the terms and provisions hereof, and the real property owned by such persons as described in Exhibit "B" attached hereto and incorporated herein. IT IS THEREFORE COVENANTED AND AGREED that the real property owned by Harold and Sara Holtzinger and described in Exhibit "C" hereto shall here- after be restricted and limited in perpetuity as follows: 1. No building or structure of any kind shall be erected or maintained thereon, except that the underground utility lines and facilities shall not be prohibited hereby. 2. Said real property shall not be used for the dumping or placing of any unsightly or offensive materials. 3. No sign, billboard or advertising structure or advertisement of any kind shall be erected, displayed or maintained upon said real property, except appropriate signs prohibiting trespass and the like. 4. No trees or shrubs shall be removed or destroyed on said real property, except that the same may be trimmed and pruned as may be reasonable for their proper maintenance. �iillix 1G i.l�l: ��1�1 YM�i: ►I\��i�elG �I�I� 1. 4Vi�1 1. The future subdivision of the 1.69 acre homesite is prohibited; and 2. Einvornmental and design review is required for any and all con- struction of this parcel. All of the covenants and provisions herein contained shall run with and bind said real property described in Exhibit "A" hereto, and shall inure to the benefit of and be enforceable by the City of San Rafael, a municipal corporation, and each of the others of the real property described in Exhibit "B" attached hereto, and their respective heirs, executors, administrators, successors and assigns. This covenant shall in no way grant to the public or any other person or persons the right to enter upon said real property for any purpose, nor shall it preclude right of grantor to erect suitable fences to enforce the right of exclusion. Dated:/ ATTEST: M. LEONCINI, ity Clerk STATE OF CALIFORNIA ss. COUNTY OF ......MARIN....................... ex ��r:.• :7 +-•. •: ', y; OFFICIAL SEAL GILGEU E. HAYES NOTARY l'UnLIC C4LIFORNIA •, r••J' _t, COUNTY OF MARIN m '. •` 61y Cenunls;lon Exphes July 4, 1981 ::{isa:�{7ttr:{scrt::::7ta:c7{tsras{a{{s{a{{{{tats{ea{0 HAROLD HOLTZINGER ,9%RA HOLTZINGER CITY OF SBFT RAFAEL: Mayor On this .........2 501 day of ....UPTEXUR... in the year one thousand nine hundred and ................. before me, .. GILBERT.....-.....HAY.B.5............. . a Notary Public, State of California, duly commissioned and sworn, personally appeared..HAROLD AND SARA.... HOLT.Z.ING.E.R known to me to be the person S... whose name&...ar.a. subscribed to the within instrument and acknowledged to me that ..the. y. executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the. -CALIF 0RN•ACounty of ... MARIN........... the day and year in this certificate -first -above -written This document is only a general form which may be proper for use in simple transactions and in no way acts, or is intended to act, as a substitute for the advice of an attorney The publisher does not make any worrnnty, either express or implied as to the legal validity of any provision or the suitability of these forms to any specific transaction. Cowdery's Form No. 32—Acknowledgement—General (C, C. Sec. 1190x) -2- GILBERT--E: `DYE`S My commission expires JULY 4,..•.19 8,1 EXHIBIT "A11 ALL THE LAND SITUATED IN THE CITY OF SAN RAFAEL, COUNTY OF VAPIN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS= BEGI\NIING AT THE MnST *EETERLY CnRNER OF LOT 61 AS SHO*N ON THE "MAP OF TERRA LINDA UNIT 20, IN THE CITY OF SAN RAFAEL, CALIFORNIA" FILED SEPTEMBER 26, 1x63 IN VAP J06K 12 AT PAGE :•2; THENCE ALONG THE EXTERIOR SOVNDARV OF SAID NAP, SOUTH 050_iol-non EAST 00.2C' FEET, NORTH C.20-401-00" EAST 11A.00 FEET; THENCE EASTERLY ALONG A CURVE CONCAVE TO THE NORTH- WEST, TANGENT TO THE PRECEOING CrURSE, `4AVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANOI.E OF 000-0(11-00" A DISTANCE OF ?1.42 FEET; THENCE SOUTH 070-201-00" EAST 24f.00 FEET. SOUTH 520-401-00" NEST 252.00 FEET, THENCE NORTH 650-401-00" NEST 4^0.00 FEET, NORTH 120-42'-32" EAST 220.04 FEET AND NORTH 440-"01-00" EAST 100.00 FEET TO THE MOST EASTERLY CORNER OF LOT 45 OF SAID TERRA LINDA LiNIT 20 (12 M 12); THENCE LEAVING SAID EXTERIOR BOUNDARY, SOUTH 260-231-5111 EAST 12�.�5 FEET TO A POINT ON THE BOUNDARY LINE OF THE PARCEL CONVEYED TO ALAMEDA HOMES CORPORATION BY nEEO RECORDED .DUNE 11, 1 -qt;? 1v gnOK 1695 OF C)FF IC IAL RECnRDS AT PAGE 7'4; THENCE ALONG SAID B01.INnARY LINE, SOUTH 120-001-00" EAST 193.00 FEET TO THE POINT OF BEGINNING. Ex) IBIT IIPII LoTs 4K, 46. 47, 43, 4'4, 50, 51 , '�2, 55, 56, 57, �A, 59, 60 AND 61 AS EN"+NN ON THF MAP ENT ITI_ED "VAP OF T, PRA LINDA [:NIT 20 IN THE CITY OF SEP TEMSE R � 2� IN MAP SOl K 12 AT AN nAFAEL, CALIFORNIA" FILED Q � AND 7Q + '12, �1ARIN GnVNTY RECORDS, AND ALSO LOTS 75, 96, 7, S . P..OE 1 h I N THE I.E. nELINI, TEATEO ON THE MAP ENTITLED KAP OF ERRA LINDA UNIT L RA,FA I�ALIFOaNIAn FILED FnR RECORD IP, BOOK 1c. OF RcCoRD (.ITV OF SAN M;.FF AT PAGE j4, kiApIN CO'JNTv RECORDS. EXHIBIT "C" A,.i. THE LAND. SITLIATFO IN THE CITY OF SAN RAFAEL, COUNTY OF '•SARIN, STATE OF ':ALIFOR NIA, DESCPIFIE() AF. FOLLOWS: A6 SHOWN ON TF+C II I•,�P ItiNIVG AT THE MOST NESTERLY CORNER OF LOT 61 rAOWNfT" FILED Cr TERRA LI'nA UNIT 20,IN THE CITY OF SAN 'RAFAEL, SEPTEMBER :F', 1Q63 IN '.'AP B00K 12 AT PAGE 32; THENCE ALONG THE EXTERIOR 0_ 01_00" EAeT ?9.29 FEET, NoRTI-I ,:l2°-401-00" BCU` 7jARY OF SA ID MAP MOUTH r75 CONCAVE _ EAST 118.00 FEET; THENCE EASTERLY ALONGHAVIRVNG A RADIUBOF`fZOF.00NFEET, *EET, TANGENT TO THE PRECEDING COUPE, THROUGH A CENTRAL ANGLE OF QED-OOI—O01I A C`ISTANCE OF3MEaT ZE2TOOTHENCE FEET, SOIJT41 070-201_00" EAST 240.00 FEET, So LITH -9,20-4-)'-00"5 NORTH -401-00" �YEST 400.00 FEET, NORTH 120-421--12" EAST THENCE 65G 2c'!i.O4 EAST 3 0.00 FEET TO THE EASTERLY FEET AND NORTH 1440-001-00" THENCE LEAVING COQNFR OF LOT 45 OF SAID TERRA LINDA [.'NIT 20 412 M '32), SAID EXTERIOR BOUNDARY, SOUTH 260-231-51" EAST 125-'S FEET TO A POINT OF THE PARCEL CONVEYED To LADA EASMES T ON THE BOUNDARY LINE SOUTH 120 714; THENCE ALONG SAID BOUNDARY LINE, FEET TO THE POINT OF BEGINNING. EXCLOTING THAT PARCEL DESCRI9£D AS FOLLOWS : HEI;J'IhING AT THE MOST NESTERLY CORNER OF LOT 61 AS SHO*N ON THE "MAP OF TIERRA IINCA 'UNIT 20, IN THE CITY OF SAN RAFAEL. CALIFORNIA" FILED SEP- TEwICyER 26, 1961 IN MAP BOOK 12 AT PAGE 1-2, THENCE ALONG THE EXTERIOR pr.i,INOARV OF SAID MAP SOUTH 10? -3017() EAST FEET14THENCEFEET, SOUTHTHENCE 240-20AVING DEBT SAID BOUNDARY FORTH 7O -25 NEBT 27F1. 7 4`.',5.00 FEET, THENCE SOUTH 650-401 EAST 255.00 FEET, THENCE NORTH 52.0-401 EAST 14c.00 FEET, THENCE NORTH ZOO -501 EAST 145.00 FETT, THENCE NORTH O r20-401 EAST 62.00 FEET TO A POINT ON THEWESTERLY LJINOOPEETDATOENCE, THENCE ALONG SAID WESTERLY LINE bRTH 07E 20 ' VESTLEAVING SAID LINE ON A CURVE OF RADIUS OFARC•0EN 0FET,TH TjE RADIUS TO THE CENTER BEARING SOUTH 92E—40IAlD ST sotiTHWESTERLY TO A POINT OF TANGENCY, THENCE NORTH g20-401 EAST 11FEET 6.00 FEET TO THE POINT OF BEGINNING.