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HomeMy WebLinkAboutCC Resolution 4654RESOLUTION NO. 4654 c� 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 Covenant Running With The Land - Faith Lutheran Church 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 -je introduced and adopted at a regular meeting of the City Council of said City held on Monday the 21st day of January lg 74 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 Clerk 4 78 THIS Srq RE00RD/rv0 �DC QNf/RMS A ONC V ORIGIt A,[ RECORD -D AT REQUEST 01' Oa MIN. PAST m FEB 8-1974 Official Records of Matin esrn;1, ca:°, 0 0 0 FEE RDEP. COVENANT RUNNING WITH THE LAND The covenants contained herein are made in consideration Of the following facts and circumstances: (a) Faith Lutheran Church, a California non-profit corporation, is the owner in fee simple of that certain real pro- perty situated in the City of San Rafael, Marin County, California, and more particularly described in Exhibit A attached hereto and incorporated herein. (b) Said real property is presently located in an R -1:B-1 (Residential) Zoning District as prescribed by the Citv of San Rafael, and is under consideration for rezoning to an A -P + (Administrative -Professional) Zoning District. (d) Certain residential uses of the subject property would be permitted under the A -P (Administrative -Professional) Zon- ing District, but it is the desire of Faith Lutheran Church, con- curred in by the City of San Rafael acting through its City Council, to preclude residential use irrespective of such zoning. IT IS THEREFORE COVENANTED as follows: 1. No residential structure shall be erected, placed or maintained on the real property described in Exhibit A attached hereto. 2. Said covenant is for the benefit of, and shall be enforceable by, the City of San Rafael and for the benefit of pro- perty owned by said City in the vicinity of the subject property. 3. The within covenant shall run with the land and shall be L' :iiidillCj G31 C.hG present GWiler dl"lt_'L uli persons and Parties C1aiI'ui17y under it until such time as such covenant is released and relin- quished by the City of San Rafael. Dated: November 19 1973 FAITH LUTHERAN CHURCH, a California non-profit corporation by by i Cr .I.GL State of California ) rt �':tcrr's rr) SS. County of Mar1n_ ) On November 19 1973, before me, the undersigned, a Notary Public in and for said State, personally a Pastor Bliss W. Bellin er ppeared and known to me to be thee Eleanor J. Bakknown t er Presid nr , o me to bVige e the of the corporation that executed the Pr - int within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to its bylaws or a resoluti directors. n oof its boar, of WITNESS my hand and official seal. Mayor of the City of San Rafael Attest: City Clerk Not y.- ubli in nd for th'e St{ to o Cal' fornia DESCRIPTION All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: Beginning at a point on the northerly by Manual T. Freitas, et al, to Faith Evangelical putheranoChurch by deed recorded July 26th, 1957 in Book 11.30 of Official Records at page 515, Marin County Records, said point being distant s thereon North 740 15' East 234.05 feet from the northwesterly corner of said parcel and running thence south 15° 45' 192.79 feet from Parcel A thence North 740 15' East 314.01 East 1 feet to a point in the easterly line of said parcel, thence along the easterly and northerly lines thereof North 150 45' East 142.79 feet; thence on a curve to the left whose radius is 50.0 feet; tangent to the last preceding course through a central angle of 90° a distance of 78.54 feet; and thence South 740 15' West 264.0 feet to the point of beginning. Excepting therefrom the portion conveyed to County of Marin by deed recorded August 18, 1960 in Liber 1391 of Official Records at page 180, being a strip of land adjacent to the easterly line Of the above described parcel. EXHIBIT A (To Covenant Running with the Land - Faith Lutheran Church)