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Home My WebLink AboutCC Resolution 12552 (Release of Covenant Burdening Land)RESOLUTION NO. 12552 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CONFIRMING WAIVER OF TRAFFIC MITIGATION FEES AND AUTHORIZING RELEASE OF COVENANT BURDENING LAND THE CITY COUNCIL OF THE CITE' OF SAN RAFAEL R1SOLVES AS FOLLOWS: WHEREAS, in 1982, in connection with the approval for development of a new Burger King restaurant at 969 Francisco Boulevard East, Assessor's Parcel Nos. 8-101-74, 8-101-75, and 8-101-76 (previously A.P. Nos. 8-101-19, 8-101-20, and 8-101-32) ("the Property"), the City imposed a requirement for payment by the developer of traffic mitigation fees in the amount of $32,396.00; and WHEREAS, a "Covenant Burdening Land" was recorded against the Property to give record notice of the requirement for payment of the fees; and WHEREAS, in 1994, the property owner's representative, Mr. Stan Kubu, requested a waiver of the traffic mitigation fees based on evidence he presented that the P.M. peak hour trips for the restaurant were in fact less than the historic P.M. peak hour trips for the previous use; and WHEREAS, at a meeting held March 21, 1994, the City Council passed a motion to waive the entire $32,396.00 fee, and directed that a new covenant be recorded against the Property stating that additional traffic mitigation fees would still be imposed should the Property change hands and additional trips generated; and WHEREAS, despite the City Council's action on March 21, 1994, the original Covenant Burdening Land was not released and no new covenant was ever recorded against the Property; and WHEREAS, the property owner's representative, Mr. Kubu, has requested that the City implement the City Council's March 21, 1994 waiver by releasing the Covenant Burdening Land; and WHEREAS, the City Council finds that the Covenant Burdening Land should be released, and that because the requirement of new traffic mitigation fees upon change of use is codified in the San Rafael Municipal Code Chapter 3.32 and Resolution No. 11668, it is unnecessary to record a new covenant to that effect against the Property, as directed by the Council in 1994. NOW THEREFORE BE IT RESOLVED, that the City Council hereby affirms the waiver of the requirement for payment of traffic mitigation fees in the sum of $32,396.00 by the owner of the property at 969 Francisco Boulevard East, Assessor's Parcel Nos. 8-101-74; 8-101-75; and 8-101-76, and the Director of Public Works is hereby authorized to execute the "Release of r Traffic Mitigation Covenant Burdening Land" attached hereto as Attachment "1 ", and to record such document in the Official Records of the County of Marin forthwith. I, ESTHER C. BEIRNE, 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 San Rafael City Council held on the 18th day of August, 2008, by the following vote to wit: AYES: Councilmembers: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None wa EST-ERESTHER C. BEIRNE, City Clerk When Recorded Return to: City of San Rafael Esther C. Beime, City Clerk 1400 Fifth Avenue, Room #209 San Rafael, CA 94901 M FECG DERn' AUG 2 6 2008 A.P. Nos. 8-101-74, 8-101-75, 8-101-76 (formerly A.P. Nos. 8-101-19, 8-101-20, 8-101-32) RELEASE OF TRAFFIC MITIGATION COVENANT BURDENING LAND (Marin County Official Records document No. 82019291, recorded 5/14/1982) WHEREAS, in conjunction with City of San Rafael development approvals UP82-16 and ED82- 8, the developer, Edward W. Moews, previously recorded a "Covenant Burdening Land," burdening the land commonly known as 969 Francisco Boulevard East, San Rafael, California, more particularly described in Exhibit "A" attached hereto, and obligating the developer to pay Traffic Mitigation fees to the City of San Rafael in an amount not to exceed $32,396.00, as adjusted for inflation. WHEREAS, the City Council determined on March 21, 1994 that the previously imposed traffic mitigation fees should be waived since the traffic generated by the development on the property was less than the historic use of the property, and directed recordation of an amended covenant reflecting additional fees in the event of future development generating additional traffic, which amended covenant was never recorded. WHEREAS, the City council has determined that an amended covenant is unnecessary since any future development will result in traffic mitigation fees pursuant to San Rafael Municipal Code Chapter 3.32 and Resolution No. 11668, and directed the Public Works Director to record a Release of the Covenant Burdening Land. THEREFORE, in consideration of the foregoing, I Andrew J. Preston, in my capacity as Director of Public Works for the City of San Rafael, do hereby release and discharge the developer or his or her successors -in -interest and any assigns, from any liability for the above-mentioned Covenant Burdening Land. This release extends only to fees imposed as a condition of the above -referenced development approvals and shall not extend to any new Traffic Mitigation fees imposed as a condition of any additional planning, zoning, or land development approvals. Executed this �2 /5T day of August, 2008, in San Rafael, California. CITY OF SAN RAFAEL A Municipal Corporatio ZAA0440e ANDREW J. P STON Public Works Director APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorney ATTEST: ESTHER C. BEIRNE, City Clerk r� EXHIBIT "A" All certain property situate in the City of San Rafael, County of Marin, State of California., described as follows: LOTS 27, 28, 29. 300 31, 32, 33 341 BLOCK B AND A PORTION OF LOTS 41, 42, 43, 44, 45, BLOCK A AND ALL THAT PORTION OF "VERDI AVENUE" AS SHOWN UP THAT CERTAIN {SAP ENTITLED, "ARTHUR C. DUNCAN'S REBUSDITIBION OF EAST PORTION OF BLOCK 12, AND 13 EAST SAN RAFAEL, "FILED DECEMBER 9, 1910 IN MAP BOOK 3 AT PAGE 63, MAKIN COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF LOT 27, BLOCK B (3MB63); THENCE SOUTH 35 18'00" WEST 254.68 FEET ALONG THE.EASTERLY LOT LINES OF LOTS 27 AND 45 (3MB63) TO A POINT ON THE.NORTHERLY LINE OF THE PARCEL OF LAND SET FORTH.AS PARCEL- ONE IN THAT CERTAIN INSTRUMENT RECORDED MAY 4, 1956 ISI BOOK 1096 AT PAGE 69, MARIN COUNTY RECORDS, SAID POINT ALSO BEING A POINT ON A 827 FOOT RADIUS CURVE WHOSE CENTER BEAR$ SOUTH 21 06'21" WEST; THENCE ALONG SAID 627 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 2 56'03" AN. ARC- LLNOTH OF 32.11 FEET TO A POINT OF TANGENCY; THENCE NORPH,.gl: 49142" WEST 80.66 FEET TO A FOUND 1" IRON PIPE, SAID POINT BEING ON THE CENTERLINE OF SAID VERDI STREET; THENCE NORTH 35 18'00" EAST 287.10 FEET ALONG SAID CENTERLINE; THENCE LEAVIN4 SAID CENTERLINE SOUTH 54 42100" EAST 10.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 30 (3MB63); THENCE NORTH 35 18'00" EAST 120.00 FEET ALONG THE WESTERLY LOT LINE OF SAID LOT 31; THENCE SOUTH 54 42100" EAST 98.00 FEET ALONG THE NORTHERLY LOT LINES OF SAID LOTS 31, 32, 33 AND 34 TO THE MOST EASTERLY CORNER OF SAID LOT 34; THENCE SOUTH 35 18'00" WEST 120.00 FEET ALONG THE EASTERLY LOT LINE OF SAID LOT 34 TO THE POINT OF BEGINNING. ACKNOWLEDGMENT State of California County of Marin on August 21, 2008 before me, Esther C. Beirne, Notary Public (insert name and title of the officer) personally appeared Andrew J. Preston who proved to me on the basis of satisfactory evidence to be the parson(s) whose name(s)6dare subscribed to the within instrument and er/ acknowled ed to me tha"she/they executed the same in heir signature(s) on the instrument the his t I&her/their authorized capacity(ies), and that bZ; person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. u"R C. Ism Commboon 1744M IF WITNESS my hand and official seal. "Wov P Cob"" MM C411torey Signature (Seal)