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HomeMy WebLinkAboutCC Resolution 13579 (Maria Freitas Park Deed Restriction)RESOLUTION NO. 13579 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED RESTRICTION FOR MARIA FREITAS PARK IN COMPLIANCE WITH MANDATES FOR FUNDING UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002. WHEREAS, the City of San Rafael entered into contract with the State of California to receive grant funding for park and recreation facility improvements under the CALIFORNIA CLEAN WATER, CLEAN AIR SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002; and WHEREAS, the City may apply for reimbursement of costs of the Freitas Park Renovation Project, Phase 2 up to $202,339; and WHEREAS, the California State Parks and Recreation Department, Office of Grants and Local Services, in order to ensure that property improved or acquired with grant monies are used for purposes consistent with the grant, the City must record a Deed Restriction.; and WHEREAS, said Deed Restriction must remain in full force and effect, binding the City for twenty years; and WHEREAS, said Deed Restriction shall be irrevocable; and WHEREAS, said deed restriction shall establish a right of entry to State agents or employees; and WHEREAS, said deed restriction provides the State with remedies should the City be in violation; WHEREAS, the City of San Rafael has determined that the restrictions do not impact the status of Freitas Park as a City -owned public recreation facility now or over the term of the deed restriction. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: To authorize the City Manager to execute a Deed Restriction for Maria Freitas Park in compliance with mandates for funding under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. I, Esther C. Beirne, 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 the City of San Rafael, held on Monday, the 5th of August, 2013, by the following vote, to wit: AYES: Councilmembers: Colin, Connolly & Vice -Mayor Heller NOES: Councilmembers: None ABSENT: Councilmembers: McCullough & Mayor Phillips Esther C. Beirne, City Clerk