HomeMy WebLinkAboutResolution No. 4973RESOLUTION N0. 4973
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
Covenant Running With the Land - Minor Subdivision,
Francisco Boulevard, Samuel W. Gardiner
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 2nd _ day of June ,
19 75
, by the
following
vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
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MARION A. GRADY - City Cle
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orris of Mann Cout, Calif.
COVENANT
FEE ��s _ RECORDER
Q.
THIS INDENTURE executed this day of 1975, by and between
SAMUEL W. GARDINER, owner, and the CITY OF SAN RAFAEL
THAT OWNER heretofore applied to CITY for a minor subdivision (lot
split) on a parcel of approximately 7.9 acres described as follows:
Marin County Assessor's Parcels 9-150-11
9-150-12
9-150-19
AND THAT OWNER'S application was rejected by the Planning Commission be-
cause of inadequate provision for a proposed road shown on the Master Plan of the
CITY as "Kerner Boulevard".
AND THAT the Planning Commission ruling was appealed to the City Council
and there heard on May 5, 1975, May 19, 1975, and was continued for further hearing
to June 2, 1975, for the purpose of preparing, executing and delivering this in-
strument as a means of assuring appropriate road development at a proper time.
AT the present time construction of Kerner Boulevard is restricted by
the controls possessed by the U.S. Corps of Engineers; however, it is anticipated
that in the foreseeable future proper permits will be procured and construction
will proceed under CITY control with all or part of the cost being spread over a
prescribed area, including the above described lands of OWNER.
NOW THEREFORE, in consideration for and to procure the granting of said
application, said land and all of it is impressed with a covenant running with the
land, as follows:
1. If and when the CITY OF SAN RAFAEL, in the discretion of the City
Council, deems it appropriate to organize an assessment district to finance the
construction of Kerner Boulevard through such lands (whether or not it extends
beyond) all of the said property shall be included in the assessment district
subject to being assessed by the Council on the basis of benefit.
2. The size and boundaries of the district shall be such as the City
Council shall determine and the right to protest or withdraw from such district
is waived. This will not constitute a waiver of the right to protest the spread
of the assessment on a benefit basis.
3. In the event the development of this road or of such district is
abandoned by resolution of the City Council or in the event such district is not
created by resolution of Council within ten (10) years from date, this indenture
shall then become void and shall terminate. ,
GIVEN under my hand and seal, the day and year first above written.
CITY OF SAN RAFAEL
By ',"'Mayor
, C�
C. PAUL BETTINI, Mayor
ATTEST:
00SA UEL W. G DINER,. caner
- 2 -
MARION A. GRADY,
City
Clerk
v
00SA UEL W. G DINER,. caner
- 2 -