HomeMy WebLinkAboutResolution No. 4991RESOLUTION NO. 4991
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
PATRICK J. KIRRANE AND HIS WIFE MARY E. KIRRANE
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 RFGIIIAR meeting of the City Council of said
City held on MONDAY the 7TH _ day of JULY
19 75 , by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
MARION A. GRADY - City Clerk
(AGREEMENT WITH PATRICK J. KIRRANE AND MARY E. KIRRANE TO RESOLVE EXCHANGE
OF LAND AREAS AND OTHER VALUES AS REQUIRED BY THE STATE FOR RELINQUISHMENT
OF CERTAIN AREA WITHIN ALLARDT'S CANAL)
C.C. AGENDA ITEM NO. 27
AnDPVMCNT
THIS AGREEMENT, made and entered into this day of
1975, by and between the City of San Rafael, Marin County,
California, hereinafter called "City" and Patrick J. and Mary E. Kirrane,
hereinafter called "Kirrane".
WITNESSETH:
WHEREAS, a portion of the property located at 555 Francisco
Boulevard (1975 A.P. No. 14-152-17), owned by Patrick J. Kirrane and his
wife Mary E. Kirrane, and a portion of a structure thereon lie within an
area known as Allardt's Canal; and
WHEREAS, Kirrane desires to lease the property, located at 555
Francisco Boulevard, San Rafael, California, to a third party, and
WHEREAS, the City and Kirrane desire that the City ultimately
clarify title to that portion of the property located in the area designated
as part of Allardt's Canal;
WHEREAS, the State of California claims fee title to Allardt's
Canal and Kirrane disputes that claim and asserts that Kirrane owns fee
title; and
WHEREAS, the State of California has asserted the right to pro-
hibit use on the lands known as Allardt's Canal; and
WHEREAS, the State of California by passage of new legislation
has given the City power to rectify conflicts that arise out of existing
encroachments into Allardt's Canal; and
WHEREAS, as a condition of permanent remodeling and occupancy of
the existing structure, Kirrane must enter into negotiations with the City
to equitably resolve the existing encroachment into Allardt's Canal;
NOW THEREFORE, IT IS HEREBY AGREED AND UNDERSTOOD by and between
the parties hereto as follows:
- 1 -
C.C. AGENDA ITEM NO. 27
1. Within twenty-four (24) months of the issuance of the first
building permit for work at 555 Francisco Boulevard all site improvements
are to be completed by Kirrane.
2. City and Kirrane agree to diligently work together to reach
an agreement within 24 months for exchange of land areas and other values
in order to satisfy requirements of the State of California for relinquish-
ment of the Allardt's Canal area to Kirrane with clear title.
IN WITNESS WHEREOF, the parties hereunto subscribe their names
the day and year in this Agreement first above written.
"KIRRANE"
CITY OF SAN RAFAEL
By By
PATRICK J. KIRRANE C. PAUL BETTINI, Mayor
By ATTEST:
MARY E. KIRRANE
MARION A. GRADY, City Clerk
APPROVED:
HARRY A. CONNICK, City Attorney
�m
t