HomeMy WebLinkAboutResolution No. 5087RESOLUTION NO. 5087
A RESOLUTION AUTHORIZING THE SIGNING
OF A LEASE OR AGREEMENT
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 lease or agreement with
Milton Cerf and Adrienne Cerf (limiting office use in residential
building at 1744 Lincoln Avenue to 1,000 square feet).
A copy of which is hereby attached and by this reference made a part
hereof.
I, MARION A. GRADY, 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 19th _ day of January
19 76 , by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
MARION A. GRADY - City Cler
,�1JPflUl' AL
V,
COVENANTS AND RESTRICTIONS
WHEREAS, MILTON CERF and ADRIENNE CERF, his wife, are
owners of that certain real property located in the City of San
Rafael, County of Marin, State of California, described as follows:
and,
BEGINNING at a point on the northeasterly line of
Petaluma Avenue, now Lincoln Avenue, distant thereon
northwesterly 518.6 feet from the point of inter-
section of said northeasterly line of Petaluma Avenue,
now Lincoln Avenue, with the northwesterly line of
Myrtle Avenue, thence northwesterly along the north-
easterly line of Lincoln Avenue, 60.0 feet to a point,
thence north 63 degrees, 251 east 113.06 feet, more
or less, to the soutlriesterly line of the Right of
Way of the Northwestern Pacific Railroad Company,
thence southeasterly along said Right of Way 48.75
feet, more or less to a point dis ant along said
Right of Way lire 172.5 feet northwesterly from the
r.
northeast corner of the lot 1�ow or formerly o -,Arne
by :;,LSA ST G`,.Y_1AN, thence soutI-n,7csterly i n a si.rai_ght
1_isc,et0 i'1!e p01 rlt Of r�egii:ni ng,
WHEREAS, MILTON CERF and ADRIENNE CERF have heretofore
ppl�_ed for a use permit from the City of San Rafael, a municipal
corporation_, hereinafter referred to as "CITY," so as to permit
office use of said property; and,
Kiri j� ,J;i�.S, CI'T'Y is wi_11�..i g to allow O :7i ce use of said property
so long as on-site office use does not exceed 1,000 square feet of
i:loor area.
NOW, TI3ERFFORE, in consideration of the issua;.-ce of a use pe_�_mit,
MILTON CERF and ADRIENNE CERF covenant and agree, as rollocas :
1. That on-site office use of sai d property shall not F`coed
1,000 square feet of floor area.
2. That MILTON CERF and ADRIENNE CERF, his wife, their succes-
sors and assigns, shall limit the on-site office use of said property
to 1,000 square feet of floor area until said restriction is no longer
required by the Mi1111cipal Code of the City of San Rafael or the
subject use permit no longer be in existence. These covenants and
restrictions shall have no -further force or effect when the Planning
Director of the City of San Rafael, State of California, shall have
entered a notice in the official records of the County of Marin,
State of California stating that the covenants and restrictions
herein contained are no longer necessary.
3. Each of the paragraphs hereof are severable. Should any
paragraph, term or provision of this agreement be illegal, conflict
with any law of the State, or invalid for any reason, the validity
of the remaining portions or provisions hereof shall not be affected
thereby, and this agreement shall be construed as if not containing
the particular provision, or provisions, which are or may be held to
be invalid.
DATED: this 9th day of December 1Q75.
�n
MILTON CERF
l 114 e,
ADRIENNE CERF
State of California ) SS
County of Marin )
On this 9th day of December, 1975, before me, a Notary Public in and
for said County and State, personally appeared MILTON CERF and
ADRIENNE CERF, known to me to be the persons whose names are sub-
scribed to the within instrument and acknowledged to me that they
executed the same.
WITNESS MY HAND AND SEAL.
i
r:
Ift
Wi 'f
AS TO FORM;.
City At
NOTARY PUBLIC
7
My iCommi/ssion Expires (,( /517
C. PAUL BETTINI, Mayor
City of San Rafael
ATTEST:
City Clerk