HomeMy WebLinkAboutCC Resolution 3346-ARESOLUTION NO.3��� RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SUSTAINING APPEAL FROM THE PLANNING COMMIS- SION AND MODIFYING THE DECISION OF THE PLANNING COMMISSION. _ WHEREAS, BELL, BRAVERMAN & GONZALEZ, as owners and subdividers, have heretofore filed their tentative subdivision map with the City of San Rafael; and WHEREAS, said tentative map is dated September 1965 and is entitled 'Tentative Map, Marin Center, San Rafael, California", being job number 223-65 prepared by Carlos E. Gonzalez, Civil Engineer, San Rafael, California; and WHEREAS, said tentative map was approved by the Planning Commission of the City of San Rafael subject to the following conditions: 1. approved drainage system; and 2. sidewalk and curb and gutter along Frontage Road with conform paving to existing edge pavement; and WHEREAS, said owners and subdividers appealed the decision of said Planning Commission as to condition number 2 described above to the City Council of the City of San Rafael; and WHEREAS, it appears that a sidewalk and a curb and gutter along Frontage Road with conformed paving to the existing edge of the pavement is not necessary at this time although such may be necessary in the future; and WHEREAS, said owners and subdividers promised the City of San Rafael that they would install such sidewalks and curbs and gutters along the Frontage Road of said subdivision with conformed paving to the existing edge of the pavement if the contiguous property to the south of the parcel number 1 shown on the said tentative map ever puts sidewalks on or in front of such property -1- ORIGINAL and if the City of San Rafael ever requests the installation of said sidewalks, curbs, gutters and conformed paving; and WHEREAS, said owners and subdividers agreed to put said promize in a covenant running with the land, which covenant would run with said parcel 1; NOW, THEREFORE, IT IS RESOLVED that the appeal of said owners and subdividers is sustained and the decision of the Planning Commission with respect to said tentative map is modified so that said tentative map is approved subject to the following conditions: 1. approved drainage system; 2. said owners and subdividers enter into a covenant with the City of San Rafael that runs with the land that will obligate their heirs, executors, administrators, assigns and suc- cessors, and also the transferees and grantees of said parcel number 1 to install said sidewalks and curbs and gutters along the Frontage Road of said subdivision with conformed paving to the existing edge of the pavement if the contiguous property to the south of the parcel number 1 shown on the above referred to tentative map ever puts sidewalks on or in front of such property and if the City of San Rafael ever requests the installation of said sidewalks, curbs, gutters and conformed paving. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the City Council of the City of San Rafael, Marin County, State of California, at a regular meeting held on the 1st day of November, 1965, by the following vote, to wit: AYES Councilmen Aby, Baar, Barbier, Jensen and Mayor Bettini NOES None ABSENT None Clerk of 1