HomeMy WebLinkAboutResolution No. 6228RESOLUTION NO. 6228
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf of
the City of San Rafael, a contract, lease or agreement with
Modification of Settlement Agreement Entered into g'etween FRED GRANGE and the
CITY OF SAN RAFAEL dated August 6, 1981.
a copy of which is hereby attached and by this reference made a part
hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly intro-
duced and adopted at a regular meeting of the City Council of said
City held on Monday the twenty-first day of p remb r
19 81 by the following vote, to wit:
AYES: COUNCILMEMBERS : Breiner, Frugol i , Jensen, Miskimen and Mayor Mulryan
NOES: COUNCILMEA/1BERS : None
ABSENT: COUNCILMEMBERS : None
ANNE M. LEONCINI, City Clerk
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MODIFICA'.iION OF SETTLEMENT AGREEMEN'i ENTERED
INTO BETWEEN FRED GRANGE AND THE CITY OF
SAN RAFAEL DATED AUGUST 6, 1981
WHEREAS, by mutual agreement FRED GRANGE (hereinafter
referred to as "landowner" and the CITY OF SAN RAFAEL ("City")
entered into a Settlement Agreement dated August 6, 1981; and
WHEREAS, since entering into that Agreement the parties
mutually desire to modify that Agreement to provide for an under-
standing and binding agreement relative to the following matters:
1. The determination of conditions reasonably related to
a Certificate of Compliance, specifically determining exaction of
property for levee purposes;
2. Assumption of the obligations for making improvements
to the levee which is located on the property of landowner; and
3. Clarification of the time for performance of dedication
and improvement requirements.
FOR VALUABLE CONSIDERATION RECEIVED and in exchange for
the mutual promises set forth below, the parties hereby agree as
follows:
1. The City Council hereby declares and agrees that a
45' strip of property extending inward from +6 mean sea level (MSL)
is all that is reasonably necessary and will be required for a
levee, and levee maintenance, open space, or, if the City so desires,
park purposes, on Assessor's Parcel Nos. 9-161-14, 42, and 9-290-01,
02, and 03. It is also acknowledged that said action may, upon
further determination contribute to mitigation measures designed to
minimize the significant impacts of any proposed development on
these parcels. It is further acknowledged that the 45' dedication
requirement is subject to a final determination of conditions which
will be imposed for environmental mitigation dependant upon an
assessment of the environmental effects, if any, which must be
analyzed pursuant to the California Environmental Quality Act on this
particular parcel. Thereafter, it :is also acknowledged that the City
may impose any environmental mitigation measures authorized by CEQA
and the guidelines promulgated by the Resources Agency in accordance
with the following lawful considerations:
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(a) Future exactions and requirements, if any, shall be
limited to that which is reasonably necessary to offset adverse
environmental impacts of particular future proposed development on
this parcel.
(b) Any further exactions obtained will not be used for
park purposes.
(c) The 45' strip of property to be dedicated may be
credited towards providing environmental mitigation and may be
considered as a mitigation measure designed to contribute to off-
setting adverse environmental impacts, if any, which might later be
determined.
(d) The application of any maximum lot coverage require-
ments
equire-
ments imposed by the City will take into consideration the 45' strip
of property which is to be dedicated and the landowner will receive
a credit for said dedication.
2. Landowner agrees to convey, or cause to be conveyed,
pursuant to grant deed, a strip of land in fee simple absolute
extending along the perimeter of his property of exactly 45' inward
from the +6 ISSL. This dedication shall be made at such time as a
building permit is issued for the development of said property.
3. Landowner agrees to make any and all improvements for
that portion of the levee which is located on his property. Said
improvements shall be accomplished in the manner specified and at
the direction of the City of San Rafael.
4. Staff shall execute a Certificate of Compliance for
the above -referenced Assessor's Parcels upon execution of this
Agreement by the parties.
5. The City agrees to process landowner's use permit
application within 90 days from the termination of the 30 day
public review period of the draft environmental document (EIR,
Focused EIR or Negative Declaration). However, this provision shall
be null and void if a complete application for a use permit is not
tendered on or before August 6, 1982.
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DATED: 1981
ATTEST:
Jetpe M. Leoncini, City Clerk
DATED: J 2�� ;� ( 1981
APPROVED AS TO FORM:
William T. Bullard, Jr.
Assistant City Att t
y
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CITY OF SAN RAFAEL
ff awrence E. Mulryan, Mayor
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