HomeMy WebLinkAboutResolution No. 5041RESOLUTION NO. 5041_
A RESOLUTION AUTHORIZING THE SIGNING
OF A LEASE OR AGREEMENT
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 lease or agreement with
CHARLES NAPIER AND SONJA NAPIER for Scpnir Restriction
A copy of which 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
n adjourned of the Cit Council of said
and adopted at a I 9 y
City held on Monday the 22nd _ day of Septnmbe ,
19 75, by the following vote, to wit:
AYES: COUNCILMEN: JENSEN, MISKINEN, MULRYAN, NIXON AND MAYOR BETTINI
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
Ci./LLc�7�.J
MARION A. GRADY - City Cler
o ORIGINAL
SCENIC RESTRICTION
THIS SCENIC RESTRICTION entered into this day of
1975, by and between CHARLES NAPIER AND SONJA NAPIER, hereinafter referred to
as "OWNER" and the CITY OF SAN RAFAEL, a municipal corporation, hereinafter re-
ferred to as "CITY":
WITNESSETH:
WHEREAS, Owner possesses certain real property located within the City
of San Rafael and County of Marin, which property is presently undeveloped, con-
tains unique and desirable aesthetic and environmental features, and is generally
described in Exhibit "A" attached hereto and made a part hereof; and
WHEREAS, both Owner and City desire to limit the use of said property
to open space or uses to discourage premature and unnecessary conversion of
such land to urban use, recognizing that such land has substantial public value
as open space and the preservation of such land in its undeveloped state consti-
tutes an important physical, social aesthetic and economic asset to City;
NOW, THEREFORE, the parties in consideration of the mutual convenants
and conditions set forth herein and the substantial public benefits to be derived
therefrom, do hereby agree as follows:
1. The within contract is made and entered into pursuant to Chapter 12
(commencing with 56950) of Div. 7 of Title 1 of the Government Code and is
subject to all of the provisions thereof .
2. During the term of this contract the property described in Exhibit "A"
shall be preserved in its undeveloped state as open space. Further:
a. No improvements of any kind shall be constructed upon the
land save and except (i) a fence, rustic in character which
shall not restrict or impair the movement of wildlife; (ii) a
tool shed not to exceed 80 feet in floor area; (iii) a water
pump and water lines; and (iv) such construction as may be
desirable to protect against landslide or land subsidence.
b. The owners of the land shall not extract any natural resources
from the land and shall not cut any timber, trees or other
natural growth except as required in the construction of the
limited improvements permitted on the land.
c. No use shall be made of the land which will materially im-
pair, restrict, disturb or interfere with the natural state of
the wildlife that inhabit the land.
3. If any action in eminent domain for the condemnation of any land
described herein is hereafter filed, or any portion of the property is acquired in
lieu of condemnation, the provisions of Government Code Section 51295 shall
apply .
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4. This Scenic Restriction shall be effective commencing on the first
day the Napiers shall obtain title to said land and shall remain in effect .in
perpetuity.
5. The City hereby waives the requirements of a parcel map on the trans-
fer of the property from the Kingston Trio to Owner and the deed of scenic restrictions
from Owner to the City. This prerogative of the City is granted by Government Code
Section 66428.
6. Owner shall not receive any payment from the City in consideration of
the obligations imposed hereunder, inasmuch as the parties recognize and agree
that the consideration for the execution of the within contract is the substantial
public benefit to be derived therefrom and the aclvantage which will accrue to Owner
as a result of any reduction in the assessed value of said property due to the imposi-
tion of the limitations on its use contained herein.
7. This contract may not be terminated or cancelled by either party except
in the manner provided in Sections 51281, 51282, 51283 and 51283.3 of the Govern-
ment Code, and subject to the provisions therein for payment of cancellation fee.
8. Nothing contained herein shall be deemed to authorize members of the
public to enter upon or use the within land without the owners lawful consent.
9. The within Scenic Restriction shall run with the land described herein
and shall be binding upon the heirs, successors and assigns of the parties hereto.
IN VNITNESS WHEREOF, the parties hereto have executed the within Scenic
Restriction the day and year first above written.
CITY OF SAN RAFAEL, a municipal
corporation
By,
ATTEST:
C. PAUL BETTINI, Mayor
CHARLES NAPIER
MARION A. GRADY, City Clerk SONJA NAPIER
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STATE OF CALIFORNIA )
)SS
COUNTY OF MARIN )
On this day of
, 1975, before me, a Notary Public
in and for the said County and State, residing therein, duly commissioned and
sworn, personally appeared C. PAUL BETTINI, known to me to be the Mayor of
the City of San Rafael that executed the within instrument and acknowledged to
me that said City of San Rafael did execute the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
My Commission Expires:
STATE OF CALIFORNIA )
)SS
COUNTY OF MARIN )
On this day of
Notary Public in and for said County
and State.
, 1975, before me, a Notary Public
in and for the said County and State, residing therein, duly commissioned and
sworn, personally appeared CHARLES NAPIER known to me to be the person whose
name is subscribed to the within instrument, and acknowledged that he executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
My Commission Expires:
Notary Public in and for said County
and State
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STATE OF CALIFORNIA )
)SS
COUNTY OF MA RIN )
On this day of 1975, before me, a Notary Public
in and for the said County and State, residing therein, duly commissioned and
sworn, personally appeared SONJA NAPIER known to me to be the person whose
name is subscribed to the within instrument, and acknowledged that she executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
My Commission Expires:
Notary Public in and for said County
and State
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