HomeMy WebLinkAboutCC Resolution 4141RESOLUTION NO. 4141
A RESOLUTION AUTHORIZING THE SIGNING
OF A COVENANT
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 covenant with
IRVING W. SHAPIRO and CYNTHIA SHAPIRO ,
a copy of which is hereby attached and by this reference made a
part hereof.
I, MARION A. GRADY , 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
Council of said City held on Monday the 17th
day of January , 1972, by the following vote, to -wit:
AYES: COUNCILMEN: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
MARION A. GRADY, City C1 k
3098
RECORDED AT REQUEST OF
�q . PAST _ ►�
JAN 2 71972/
Official Records of Darin County, Calif.
a. Utldl cmyulo 2.fl
FEE RECORDER
• 610,3
COVENANT RUNNING WITH THE LAND
WHEREAS, IRVING W. SHAPIRO and CYNTHIA SHAPIRO (herein called
"Owners") are the owners of all that certain real property situated
in the City of San Rafael, County of Marin, State of California,
described as follows:
"Lot 222, as shown upon the map entitled,
'Twelveoak Hill Unit Six', filed in the office
of the County Recorder of the County of Marin
on August 31, 1965 in Map Book 13 at page 33.";
WHEREAS, the said real property is encumbered by that certain
easement for the purpose of installing, maintaining and repairing
a public storm drain and incidents thereto as granted to the City of
San Rafael, a municipal corporation, by instrument recorded May 18,
1966, in Book 2051 of Official Records, at Page 61, which easement
affects a strip of land ten (10) feet in width running generally
northerly and southerly through the western portion of the said de-
scribed property; and
WHEREAS, a storm drain has been installed within said easement;
and
WHEREAS, Owners have caused to be constructed a swimming pool
which inadvertently encroaches above a portion of the said easement
through which the said storm drain has been constructed; and
WHEREAS, the City of San Rafael requires that Owners do enter
into this Covenant Running With the Land to set forth the rights and
obligations of the parties with respect to the said encroachment;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
In consideration of receiving the approval of the City of San
Rafael for the construction of the existing swimming pool and the
encroachment thereof upon a portion of the easement granted the City
of San Rafael as defined herein, said Owners, their heirs, executors,
1.
administrators, successors, assigns and also the transferees and
grantees of said land, covenant and agree as follows:
1. The City of San Rafael, its successors, agents and employees
shall be, and hereby are, held harmless from any damage that may
arise by virtue of any leakage in the swimming pool thereby damaging
any portion of the easement granted the City of San Rafael and/or
pipes or storm drains installed therein which may cause damage to
any of the subject property described herein.
2. It is specifically agreed that the City of San Rafael has
the right to maintain and repair the storm drainage pipes installed
through the said easement and that the City of San Rafael is not re-
sponsible for any damage to the swimming pool, deck, or any other
part or portion of the subject property described herein which may
result from said maintenance of the drainage pipes installed on said
easement.
3. Owners further agree that the City of San Rafael, its suc-
cessors, agents and employees shall be and hereby are held harmless
and free from any damage that may occur to Owners' property by virtue
of the failure or leakage of the storm drainage pipes installed and
maintained by the City of San Rafael through the easement as herein-
above set forth.
It is the intent of the parties hereto that this Covenant shall
run with the land as set forth above and bind the heirs, executors,
administrators, successors, assigns, transferees and grantees of
Owners, and shall be enforceable in a court of law or a court of
equity.
Words used herein in the masculine gender include the feminine
and neuter; the singular number includes the plural and the plural
includes the singular.
2.
This Covenant shall inure to the benefit of the City of San
Rafael only, and shall not be enforceable by any other person or
entity.
IN WITNESS WHEREOF, the undersigned Owners have executed this
Covenant Running With the Land this day of December, 1971.
CITY OF SAN RAFAEL
17
By
C. PAUL BETTINI, Mayor
ATTEST:
MARION A. GR.ADY, City C
�C- ✓ � � t ` -�'L .� � tet, s�
CYN IA SHAPIRO
3.