HomeMy WebLinkAboutResolution No. 5140RESOLUTION NO. 5140
A RESOLUTION AUTHORIZING THE SIGNING OF A HOLD
HARMLESS COVENANT WITH SAMUEL W. GARDINER FOR
DEVELOPMENT OF PROPERTY IN EAST SAN RAFAEL PRIOR
TO COMPLETION OF A PROTECTIVE LEVEE
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 Hold Harmless Covenant with Samuel W. Gardiner
for any damage to his property or improvements in East San Rafael from
flood waters prior to completion of a protective levee or from claims as
a result of his elevating and improving his property. A copy of said HOLD
HARMLESS COVENANT is hereby attached and by this reference made a part
hereof.
I, MARION A. GRADY, 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 City Council of said City held on
TUESDAY, the 6TH day of JULY, 1976, by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
MARION A. GRADY, City Cle
.,I I
10 P I
,—C. AGENDA ITEM N0. 5
t' () V f': N A N T
THIS INDENTURE, executed this 1� day of
19-16, by and butw�c:n SAMUEL W. GARDINER ("Owner") n the CITY OF
SAN IZAPAU'l,
WITNESSETH:
OWNER heretofore applied to City for a minor subdivision
(lot split) on a parcel of approximately 7.9 acres.
OWNER desires to out certain improvements on property known
as Lot Number 1 as shown on Map recorded in Marin County Recorders
Book 12 at Page 14 and recorded on December 23, 1975, and to do that
he must fill said property to an elevation acceptable to the City
Engineer and agree to hold the City harmless for any damage that
might occur prior to the completion of East Sari Rafael, northeast
of Highway 17,1evee.
OWNER would further hold the City harmless from all cliiims
of damages of whatever nature occurring to property at a lower ele,-
,
vation as a result of the increased elevatign and/or improvements
placed on Owner's property.
NOW '1'll;REFORE, in consideration for, and to procure the
necessary permits, said Parcel Number 1 Ore impressed with a covenant
running with the land as follows:
The .property is subject to the following agreements in
order to absolve the City of San Rafael of any responsibility or
arty liability that could arise from the approval of improvement
l�l,lns Anti the issuance of permits prior to the construction of a
pye)tenc:t.ive IL -vee.
1. OwrtL_r ay.re.us
ted indemnify,
defend, anti
hold the City
of Sian Rafael harinl.ess for
any damage to
his lot or
improvements
(T(J111 t I(A111 W,0.01:-, 1jriUr to
completion of
they protective
levee as
,al,IIt 1)'!L'L1 lir 1. Ite: C' 11_y 1';I1,1 1 I102('1: .
C.C. AGf_NDA IRM N0. 5
OWIIt, r t ut t.h0r .ikjrev s t () iiicit.! nniEy, defend, and hold
the ('j Ly u1. :,.Jlr NO'LC3t-!1 harmless from c1ain►5 arising as a result of
owner's u l uv,a t i ny and improving the above-described Marcel Number �
IN WITNESS WHEREOF, Owner teas executed this Covenant as
or thu day ani year first hereinabovt: written.
.9 U L W --GARDIRkW Owner
CITY OF SAN RAI'AEL
C. PAUL BETTINI, Mayor
Attests
MA100P A. GRADYI, City C16 -IN
,r
Approved as to Form:
�2=-- — L ---
FI'nRRY -1ONNICK, City Attorney