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HomeMy WebLinkAboutCC Resolution 4656RESOLUTION NO. 4656 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 Eugene F. Sthymmel - Scenic 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 and adopted at a regular meeting of the City Council of said City held on Monday the 21st day of January_ 19 73 by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. MARION A. GRADY City Clerk h�in59 iktl SCENIC RESTRICTION THIS SCENIC RESTRICTION entered into this -day of 1974, by and between EUGENE F. STHYMMEL, a married man, hereinafter referred to as "OWNER" and the CITY OF SAN RAFAEL, a municipal cor- poration, hereinafter referred to as "CITY": W I T N E S S E T H: WHEREAS, Owner possesses certain real property located within the City of San Rafael and County of Marin, ^which property ispre- sently undeveloped, contains unique and desirable aesthetic and en- vironmental features, and is generally described as follows: The westerly one -.half of the following real property situated in the County of Marin, State of California, described as follows: PARCEL ONE: BEGINNING at the northerly corner of Lot 60, as shown upon that certain map entitled, "Las Colindas Unit Three" recorded March 14, 1955 in Book 8 of Maps, at Page 44, Marin County Records; running thence alon ' boundary line of said maSouth o 4 1 g the Northeasterly Ea -feet to the Northeast corner of Lot5271 asshownson593said4map, said point being in the Northwesterly line of Wintergreen Terrace, as shown on said map; thence North 18° 16' East along the Northeasterly extension of said line, 100 feet thence North 710 44' West 593.948 feet and South 18 feet to the point of. beginning. 16' West 100 EXCEPTING THEREFROM, the followingcbscribed parcel: BEGINNING at the most Northerly corner of Lot 60 of Las Colindas Unit Three, recorded in Book 8 of Maps at page 44, Marin County Records, thence along the Northeasterly boundary of Las Colindas, Unit Three, South 710 44' 00" East 296.93 feet to the true point of beginning; thence continuing along the Northeasterly boundary of Las Colindas Unit Three, South 710 44' 00" East 296.97 feet to the Northeast corner of Lot 52, being a point on the West line of Wintergreen Terrace; thence along the Northerly ong- ation of the West line of Wintergreen Terrace, Nothr180 16' 00" East 100.00 feet; thence North 711 44' 00" West to a point which bears North 180 16' East 100 feet from the Point of beginning; thence South 180 16' West 100.00 and to the point of beginning. feet 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 1. has substantial public value as open space and the preservation Of such land in its undeveloped state constitutes an important physi- cal, social, aesthetic and economic asset to City; NOW, THEREFORE, the parties in consideration of the mutual cove- nants 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 96950) 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 above described land shall be preserved in its undeveloped state as open space. No structures shall be erected upon said land. NO trees, bushes, or other botanical features shall be removed except where necessary for fire protection. The natural topography of the land shall not be disturbed except to the extent legally required to prevent erosion which may damage the property of others. 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 Govern- ment Code Section 51295 shall apply. 4. This Scenic Restriction shall be effective commencing on the day of 1974, and shall remain in effect for a period of ten (10) years therefrom. Each year, on the anniversary date of this contract, a year shall be automatically added to the initial term, unless notice of non -renewal is given as provided in Section 51245 of the Government Code. 5. Owner shall not receive any payment from City in consideration Of the obligations imposed hereunder, inasmuch as the parties reco - nize and agree that the consideration for the g execution of the within contract is the substantial public benefit to be derived therefrom an the advantage which will accrue to Owner as a result of an d in the assessed value of said proertv p Y reduction due to the imposition of the 9 limitations on its use contained herein. 6. 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 Government Code, and subject to the provisions therein for payment of cancellation fee. 7. 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. 8. The within Scenic Restriction shall run with the land de- scribed herein and shall be binding upon the heirs, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed the within Scenic Restriction the day and year first above written. CITY OF SAN RAFAEL, a municipal corporation_ C. PAUL BETTINI, Mayor ATTEST: MARION A. GRADY, City Clerk EUGENE F. STHYMMEL, Owner STATE OF CALIFORNIA ) )SS COUNTY OF MARIN ) On this day of , 1974, 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: Notary Public in and for said County and State. 3.. STATE OF CALIFORNIA ) ) SS COUNTY OF MARIN ) On this day of 197 before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared EUGENE F. STHYMMEL 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 Ty official seal the day and year in this certificate first above written. My Commission Expires: 4. Notary Public in and for said County and State.