HomeMy WebLinkAboutResolution No. 5561RESOLUTION NO. 5561
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL AUTHORIZING THE SIGNING OF AN
AGREEMENT WITH JOSEPH AND SUSAN R. GRIPPI
TO DEFER IMMEDIATE OBLIGATION TO CONSTRUCT
FRONTAGE IMPROVEMENTS ON GRAND AVENUE, 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 which shall run with
the land with Joseph and Susan R. Grippi to defer the immediate
obligation to construct frontage improvements (curb, gutter, side-
walk) at 1817 Grand Avenue until such time the City makes improvements
on Grand Avenue, 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 introduced and adopted at a regular meeting'of the
Council of said City held on the 6th day of November, 1978, by the
following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
J M. LEONCINI', City Clerk
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E X H I B I T "A"
AGREEMENT TO DEFER
IMMEDIATE OBLIGATION TO
CONSTRUCT REQUIRED IMPROVEMENTS
ADDRESS: 1817 GRAND AVENUE
ASSESSOR'S PARCEL NUMBER: 11-075-03
THIS AGREEMENT is made and entered into at San Rafael,
California, this 6th day of November
, 1978 by and
between JOSEPH GRIPPI AND SUSAN R. GRIPPI, hereinafter referred
to as "OWNER"; and the City of San Rafael, a municipal corporation
in the County of Marin, State of California, hereinafter referred
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 11-075-03; OWNER by application for a
Use Permit has received conditional appro--al 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 im-
provements hereinafter referred to as "REQUIRED IMPROVEMENTS",
consisting of but not limited to sidewalk, curb, gutter, and con-
form paving; CITY has requested deferral of immediate construction
of REQUIRED IMPROVEMENTS as the installation would necessitate
construction of the CITY'S portion which is not presently a priority
item nor for which there is funding available at this time; OWNER
desires to covenant for his obligation to construct REQUIRED IMPROVE-
MENTS by recording this document;
ACKNOWLEDGING AND UNDERSTANDING THESE RECITALS AND IN CON-
SIDERATION THEREOF CITY AND OWNER HEREBY DO MUTUALLY STIPULI,TE AND
AGREE AS FOLLOWS:
1. OWNER has an immediate obligation to construct REQUIRED
IMPROVEMENTS.
2. OWNER shall, upon execution of this covenant, record
this covenant.
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.3. 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.
5. 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.
OWNER
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SUSAN R. ..
CITY OF SAN RAFAEL
By
Attest:
Mayor
City Clerk
Approved as to Form:
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City Attorne
STATE OF CALIFORNIA
> COUNTY OF Marin ss.
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a October 9th, 1978
E On- - — --. — — .. _ before me, the undersigned, a Notary Public in and for
m said State, personally appeared
Joseph Gri i and Susan R. Gri i
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RUDY L. TULIPANI
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