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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