Albert Park Neighborhood Alliance v. City of San Rafael CA1/1

STATEMENT OF FACTS AND PROCEDURAL HISTORY

In May of 1937, Jacob and Annie Albert donated real property located in downtown San Rafael, now known as Albert Park, to the City by grant deed expressly to ―contribute to the welfare of the people of San Rafael, to increase the City‘s ownership of public parks and playgrounds,‖ and to ―afford the residents of said City a public park for recreational and playground uses.‖ The property was conveyed to the City subject to specified uses, restrictions, conditions and reservations: the property must remain part of the City‘s ―public parks system,‖ managed and controlled by the Parks Commission or an equivalent body or agency in the City; subject to reasonable regulations provided by the Parks Commission or other agency, the property ―shall be maintained in perpetuity for the free use and enjoyment‖ of the public; and, the commission or other agency in control of the property is vested with the power, ―in its absolute discretion, to rent the whole or any portion of said real property for compensation for periods not exceeding one (1) week in duration for such purposes as said commission may deem proper;‖ the land cannot be leased ―except as…