HomeMy WebLinkAboutResolution No. 5021RESOLUTION NO. 5021
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
Charles Olson (s75-3 Two -Lot Subdivision, Pt. San Pedro Road )
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 25th _ day of August
19 75 , by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
MARION A. GRADY - City Clery
AGREEMENT FOR ANNEXATION OF PROPERTY
ANL' PPROVAL OF SUBDIVISION MAr
THIS AGREEMENT is made and entered into this day
of August, 1975 by and between the CITY OF SAN RAFAEL, Marin County,
California, hereinafter called "City" and CHARLES OLSON, hereinafter
called "Olson", with reference to the following facts:
1. Charles Olson is the owner of certain real property
assessor's parcel number 17-181-08, 26, 37 and 38 located on
Point San Pedro Road, ("the property") which property is presently
situated approximately 90% solely in the County of Marin and
than 10% in the City limits of the City of San Rafael.
2. Olson has applied for and received from the County of
Marin approval of a subdivision map of the property; the County of
Marin will not record this map, however, without approval of it by
the City of San Rafael. The Planning Commission of the City has
conditioned its final approval of the subdivision map upon the
prior annexation to the City of the portion of the property not
presently within the City.
3. Olson has filed an appeal of this decision of the
City Planning Commission with the City Council.
4. Olson is willing to take whatever steps are neces-
sary to annex all of the property to the City. However, he is
unable to sell the property until a subdivision map is recorded.
And, if annexation must precede the approval from the City Planning
Commission, it will render of no effect the subdivision map already
approved by the County of Marin.
5. The City Council has adopted a resolution ordering
the approval of the subdivision map submitted by Olson provided
he withdraws his appeal of the Planning Commission decision, and
provided he agrees to take within thirty (30) days after the re-
cordation of the subdivision map all steps necessary on his part
to commence the process of annexation to the City of the portion
of the property not presently within the City boundaries.
THEREFORE, City and Olson agree as follows:
1. Olson agrees to withdraw his appeal of the Planning
Commission determination that his obtaining approval. of his sub-
division map is conditioned on annexation of all the property to
the City; and
2. City agrees that the subdivision. map filed by Olson
shall be approved immediately by the Planning Commission; and
3. Olson agrees to take within thirty (30) days after
recordation of the subdivision map all steps necessary on his
part to commence the process of annexation to the City of the
portion of the property not presently within the City boundaries,
and further that he will not terminate his efforts to accomplish
the annexation of his property.
4. Olson agrees to post a bond with the City Treasurer
in the amount of Ten Thousand Dollars ($10,000.00) to guarantee
his performance of this Agreement within thirty (30) days after
recordation of the subdivision map. City agrees to release the
bond upon annexation of the property or ninety (90) days after
Olson has taken all the steps necessary to complete the process
of annexation to the City, whichever should occur first.
5. In the event the application for annexation is
granted, Olson consents, contracts, and agrees that said property
so annexed shall be taxed to pay any indebtedness or liability of
the said City of San Rafael contracted prior to or existing at the
time of said annexation, at the same time and in the same manner
and to the same extent as other property already constituting a
portion of the said City of San Rafael.
6. City agrees that Olson may assign all rights secured
under this contract to a buyer or buyers, subject to assignee's
assumption of all obligations of Olson under the terms of this
contract.
Attest:
MARION A. GRADY, City Clerk
Approved as to Form
HARRY A. CONNICK, City Attorney
CITY OF SAN RAFAEL
By
C. PAUL BETTINI, .Mayor
- 2 -
CHARLES O.T.,SON