HomeMy WebLinkAboutCC Resolution 9131 (Merrydale Overcrossing Project)FOLLOWS:
RESOLUTION NO. 9131
A RESOLUTION OF THE CITY OF SAN RAFAEL
AUTHORIZING THE SIGNING OF FIRST AMENDMENT TO
RIGHT OF WAY CONTRACT WITH SAN RAFAEL GABLES
HOMEOWNERS ASSOCIATION FOR THE CONVEYANCE AND
ACCEPTANCE OF A STORM DRAIN EASEMENT FOR THE
MERRYDALE OVERCROSSING PROJECT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS
The Mayor and the City Clerk are hereby authorized to
execute, on behalf of the City of San Rafael, the first Amendment to
Right of Way contract with San Rafael Gables Homeowners Association
for the conveyance and acceptance of a storm drain easement for the
Merrydale Overcrossing Project. A copy of said contract is hereby
attached and by this reference made a part of this resolution.
I, JEANNE. M. LEONCINI, 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
on Monday, the 4th day of April, 1994, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller & Mayor Boro
NOES: COUNCILMEMBERS: Thayer
ABSENT: COUNCILMEMBERS: None
DISQUALIFIED:
COUNCILMEMBERS: Zappetini (Due to conflict of interest)
JL . LEONCI , City Clerk
OR IV, INA[
MERRYDALE OVERCROSSING PROJECT
4 -MRN -101 I E.A. 131981 1 COOP NO 4-1216C
Muir Valley Land Co. I APN: 180-520-00
FIRST AMENDMENT TO RIGHT-OF-WAY CONTRACT
CITY OF SAN RAFAEL
THIS FIRST AMENDMENT TO CONTRACT IS MADE AND ENTERED
INTO as of the 1< day of aU ") , 199-4 by and between the CITY OF SAN
RAFAEL, a municipal corporation, hereinafter referred to as "CITY," and THE SAN RAFAEL
GABLES HOMEOWNERS ASSOCIATION, a California Non-profit Mutual Benefit Corporation,
hereinafter referred to as "HOMEOWNERS ASSOCIATION," as successor in interest to MUIR
VALLEY LAND COMPANY, a California Corporation, hereinafter referred to as "MUIR
VALLEY."
WHEREAS, MUIR VALLEY and CITY have heretofore entered into a Right of Way
Contract on January 6, 1992, for conveyance of a Storm Drain Easement (Project Parcel No. 21),
hereinafter referred to as "SDE," in connection with the Merrydale Overcrossing Project, which
Contract is by reference made a part hereof; and
WHEREAS, MUIR VALLEY granted fee simple title of a portion of their property to
be encumbered with the SDE to the HOMEOWNERS ASSOCIATION by that certain document
filed for record on August 13, 1993, under document number 93-065828, in the Office of the
Recorder, Marin County, California; and
WHEREAS, MUIR VALLEY as "Declarant" in that certain document entitled
"Declaration of Covenants, Conditions and Restrictions for The San Rafael Gables a
Condominium Project," filed for record on August 9, 1993, under document number 93-063518,
in the Office of the Recorder, Marin County, California, under Article 2.3 Easements and Use
Rights, Section D. "Power to Grant Easements," retained the power to grant and convey easements
on behalf of the HOMEOWNERS ASSOCIATION as their attorney-in-fact until such time that
"Declarant" sells or conveys all units of the development; and
WHEREAS, as of the date of this amendment MUIR VALLEY as "Declarant" holds
title to one or more units and therefore has the power and authority to grant the SDE to CITY on
behalf of HOMEOWNERS ASSOCIATION; and
10
WHEREAS, the parties desire to amend the contract to recognize the change in
vesting from MUIR VALLEY to HOMEOWNERS ASSOCIATION and add the following clause:
It is agreed and confirmed by the parties hereto that notwithstanding other
provisions in the Right of Way Contract, the right of possession and use of the
SDE to be acquired by the City, including the right to remove and dispose of
improvements, commenced on February 1, 1992, the date escrow was funded,
and that the amount shown in Paragraph 1(A) of the Right of Way Contract
above.
includes, but is not limited to, full payment for such possession and use,
including damages, if any, from said date.
NOW, therefore, it is mutually agreed to amend the Right of Way Contract as stated
EXCEPT as hereinabove amended, the Right of Way Contract shall continue in full
force and effect in all particulars.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their duly authorized agents on the day and year first written above.
OWNERS:
THE SAN RAFAEL GABLES
HOMEOWNE' ASSOCIATION,
a California N profit Mutual Benefit Corporation.
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CITY OF SAN RAFAEL
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ATTEST:
City Clerne M. Leon ini
Date: April 4, 1994 2