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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.