HomeMy WebLinkAboutResolution No. 5910RESOLUTION NO. 5910
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL AUTHORIZING THE SIGNING OF A
DEFERRED ASSESSMENT DISTRICT AGREEMENT,
PELICAN WAY INDUSTRIAL COMPLEX, SAN RAFAEL,
CALIFORNIA
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 deferred assessment district agreement
with ROBERT O. VALENTINE, MADELINE VALENTINE and FRANK PERRY GREEN
relative to future improvements in the Pelican Way Industrial
Complex, San Rafael, California, a copy of which is attached hereto,
marked Exhibit "A", and incorporated herein by this reference.
I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael,
California, hereby certify that the foregoing resolution was duly
and regularly intruduced and adopted at a regular meeting of the
Council of said City held on the 2nd day of June, 1980, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & t.�ayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
J M. LEONCIN , City Clerk
0-n'q�
llrilq-13NAL
010
DEFERRED ASSESSMENT DISTRICT AGREEMENT
This is an agreement between ROBERT O. VALENTINE, MADELINE
VALENTINE and FRANK PERRY GREENE ("the Owners"), and the CITY OF
SAN RAFAEL, a municipal corporation of the State of California
("the City").
The Owners are the owners in fee simple absolute of the
real property known as 1717 East Francisco Boulevard in the City
of San Rafael, County of Marin, State of California, and more
particularly described as "Lot A" and "Lot B" as shown upon that
certain map entitled, "Parcel Map of Pelican Way Industrial
Complex",
filed
for record
on the
14-%k
day
of AUGUST' I�8O
in Book
18 of
Parcel Maps
at Page
'j)G ,
Marin
County Records.
The Owners have heretofore applied to the City for the
subdivision of said land into two separate parcels; and as a
condition of said subdivision, the Owners were required to enter
into a covenant running with the land relating to the future
improvement of Kerner Blvd. and Pelican Way through an
assessment district.
The Owners were required to enter into a covenant to hold
the City harmless from loss in the event of the failure of the
dike located between the property and San Francisco Bay.
NOW, THEREFORE, in consideration of the mutual promises
hereinafter set forth, the parties agree as follows:
1. If and when the City of San Rafael, at the discretion of the
City Council, deems it appropriate to organize an assessment
r -V TIT A BLOW 375- ��1
district to finance the acquisition and construction of
Kerner Boulevard and Pelican Way through the lands referred
to herein, in accordance with the Master Plan of the City of
San Rafael (whether or not it extends beyond said property),
all of said property will be included in the assessment
district and shall be subject to being assessed on the basis
of benefit to said property.
2. The Owners will support, in the manner hereinbelow
specified, the formation of a special assessment district
pursuant to the provisions of The Municipal Improvement Act
of 1913. Specifically, the Owners:
A. Hereby waive the provisions of Division 4 of the Streets
and Highways Code of the State of California (the
Special Assessment Investigation, Limitation and
Majority Protest Act of 1931) in accordance with Section
2804 of the Streets and Highways Code.
B. Agree that they will sign a petition for the special
assessment proceedings, containing a similar waiver of
said Division 4 of the Streets and Highways Code, at
such time as the petition is presented to them.
C. Agree that they will file no written protest to the
special assessment proceedings on any ground, except
that the special assessment on the subject property
exceeds the benefit to said property.
D. Agree that they will not attempt to hinder or obstruct
formation of a special assessment district or the levy
-2-
E"'D '3751 uH 44?
of special assessments on the property, by litigation or
otherwise; that this agreement shall not be construed to
prevent the Owners from participating fully in
discussion, meetings and public hearings to protect the
interest of the Owners viz -a -viz other benefiting
property owners or public agencies.
3. Owners shall, concurrently with the execution of this
agreement, provide City with a grant deed in fee for that
portion of Kerner Boulevard and Pelican Way required for
future street purposes as described in "Exhibit A" attached
hereto and thereby made a part hereof.
4. In any application to the Real Estate Commissioner pursuant
to Section 11010 of the Business and Professions Code, the
Owners agree that they will disclose the existence of this
agreement and furnish a copy of this agreement as an exhibit
to the application.
5. In the event of the formation of said assessment district,
the Owners shall be given credit for dedications and for any
useable improvements constructed thereon at private expense
as permitted by the provisions of Section 10209 of said
Streets and Highways Code or by,any similar provisions of
other statutes which would permit such a credit to be given.
"Useable improvements", as used in this paragraph 5, shall
include, but not be limited to, improvements constructed at
private expense which are incorporated or to be incorporated
within the improvements to be constructed by the assessment
-3-
KdID, 3751 r-,�:Af3
district.
6. The Owners hereby further covenant and agree that they shall
indemnify and hold the City of San Rafael harmless from any
and all claims or liabilities for bodily injury or property
damage occurring upon Lot A and/or Lot B, as shown upon said
parcel map, by reason of failure of the dike which forms the
shoreline of San Francisco Bay in the immediate vicinity of
said property. In the event that the Owners hereafter sell,
convey or transfer title to or an undivided interest in or
on any part of lots A and/or B as shown upon said parcel map
hereinabove referred to, Owners may cause their successors
in title or interest to execute an agreement to hold the
City harmless of claims or liabilities as set forth in this
paragraph, in which event upon execution of said agreement
by City, Owners shall be released of all liability or claims
for injuries or damage as set forth herein. In the event
that the Owners have conveyed or transferred all of their
interest in either Lot A or Lot B to successors in interest
who have executed an agreement, approved by the City, to
hold the City harmless as set forth in this paragraph, the
City shall execute a document indicating that the Owners are
released from any further liability arising from or in
connection with this paragraph 6 with respect to the lot so
transferred or conveyed.
7. Upon fulfillment of the obligations under this agreement by
Owners, said Owners may request City to Furnish appropriate
-4-
BC,C? 3751 F�-444
release from the provisions of this agreement in recordable
form.
8. The covenant and agreements hereinabove set forth are hereby
stipulated to be for the direct benefit of the Owner's lands
above described and are intended to be and shall continue to
be covenants running with said land and shall be binding
upon the legal representatives, successors and assigns of
the undersigned owners. Either party may record this
agreement with the County Recorder of the County of Marin.
Dated: JV IJP' Q—, 19so.
APPROVED AS TO FORM:
City Attorn y
ATTL•ST: }`
City, Clerk
h
OWNERS:.
C --
li' ROBERT O. VALENTINE
0-0-� �, ra-�- -
MADELINE VALENTINE
4v� Id
FRANK PERRY G EENE
CITY:
CITY,OF SAN RAFAEL, a municipal
corporation
-5-
Mayor
ecof, 3751 f,+rr 445
"Kerner Boulevard" and "Pelican Way" as shown upon that
certain map entitled "Parcel Map of Pelican Way Industrial
au G.
Complex" filed for record on the 14TM day of 1aj80 in
Book IS of Parcel Maps at page 3 � , Marin County Records.
Exhibit "A"
BOOK 3751 fl -c 446