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HomeMy WebLinkAboutResolution No. 5561RESOLUTION NO. 5561 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF AN AGREEMENT WITH JOSEPH AND SUSAN R. GRIPPI TO DEFER IMMEDIATE OBLIGATION TO CONSTRUCT FRONTAGE IMPROVEMENTS ON GRAND AVENUE, 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, an agreement which shall run with the land with Joseph and Susan R. Grippi to defer the immediate obligation to construct frontage improvements (curb, gutter, side- walk) at 1817 Grand Avenue until such time the City makes improvements on Grand Avenue, 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 introduced and adopted at a regular meeting'of the Council of said City held on the 6th day of November, 1978, by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None J M. LEONCINI', City Clerk G-'D 7T 4-1 .- I 11__�- �_,' �LY�N AL E X H I B I T "A" AGREEMENT TO DEFER IMMEDIATE OBLIGATION TO CONSTRUCT REQUIRED IMPROVEMENTS ADDRESS: 1817 GRAND AVENUE ASSESSOR'S PARCEL NUMBER: 11-075-03 THIS AGREEMENT is made and entered into at San Rafael, California, this 6th day of November , 1978 by and between JOSEPH GRIPPI AND SUSAN R. GRIPPI, hereinafter referred to as "OWNER"; and the City of San Rafael, a municipal corporation in the County of Marin, State of California, hereinafter referred to as "CITY". RECITALS The OWNER owns real properties in the City of San Rafael, County of Marin, State of California, more particularly described as Assessor's Parcel Number 11-075-03; OWNER by application for a Use Permit has received conditional appro--al from CITY, a condition of which approval requires OWNER to construct certain improvements of real property at the sole cost and expense of OWNER; said im- provements hereinafter referred to as "REQUIRED IMPROVEMENTS", consisting of but not limited to sidewalk, curb, gutter, and con- form paving; CITY has requested deferral of immediate construction of REQUIRED IMPROVEMENTS as the installation would necessitate construction of the CITY'S portion which is not presently a priority item nor for which there is funding available at this time; OWNER desires to covenant for his obligation to construct REQUIRED IMPROVE- MENTS by recording this document; ACKNOWLEDGING AND UNDERSTANDING THESE RECITALS AND IN CON- SIDERATION THEREOF CITY AND OWNER HEREBY DO MUTUALLY STIPULI,TE AND AGREE AS FOLLOWS: 1. OWNER has an immediate obligation to construct REQUIRED IMPROVEMENTS. 2. OWNER shall, upon execution of this covenant, record this covenant. - 1 - J FA .3. CITY shall accept OWNER'S recording of this covenant as interim discharge of OWNER'S immediate obligation to construct REQUIRED IMPROVEMENTS. 4. OWNER shall construct REQUIRED IMPROVEMENTS when CITY determines it is necessary and convenient to do so. 5. Both parties agree that this agreement touches and concerns OWNER'S property and shall run with the land and be binding upon all of OWNER'S successors in interest. IN WITNESS WHEREOF, the parties hereto have executed this covenant the day and year first above written. OWNER arm W,! - oi-- 7rt0TE 1� �H z:;;LMW SUSAN R. .. CITY OF SAN RAFAEL By Attest: Mayor City Clerk Approved as to Form: I --BUU4A , '-f - City Attorne STATE OF CALIFORNIA > COUNTY OF Marin ss. c a October 9th, 1978 E On- - — --. — — .. _ before me, the undersigned, a Notary Public in and for m said State, personally appeared Joseph Gri i and Susan R. Gri i P PP PP r= c A U u E — Q LL s s are -- known to me to be the person whose name subscribed to the within instrument and acknowledged to me they c that_ executed the same. 115{LEIL(CL:ii7:5:L1:LLI:I:LL::61LtlLLLI'L1LL!]ILLILLLLLIp 7 Ur).1CIAf_ SEAL — a � WITNESS my hand and o ial seal. $, it RUDY L. TULIPANI �a M fl/tt j� t,? ltlf,.f';'j; NOTARY PU9LIC - CALIFORNIA — COUNTY h1A E �� v �'; 1a9.y: .• b Signature ._.. OF RIN My Cwiltnl:.on ispl+c AuZusl 7. 1911 — �,G1YiJIC:::t::7707 RUDY L. TULIP ::77i:t::: It:i:J1i=71/ei3L!!_SJJi:ILIL Name (Typed or Printed) (This area for official notarial seal)