HomeMy WebLinkAboutCC Resolution 9544 (Merrydale Overcrossing ROW Agr)RESOLUTION NO. 9544
A RESOLUTION OF THE CITY OF SAN RAFAEL TO AMEND
THE RIGHT-OF-WAY CONTRACT BETWEEN EDM
INVESTMENTS AND THE CITY OF SAN RAFAEL FOR TWO
TEMPORARY CONSTRUCTION EASEMENTS FOR THE
MERRYDALE OVERCROSSING PROJECT IN AN AMOUNT OF
$5,000.
The City Council of the City of San Rafael Resolves as follows:
WHEREAS, on December 13, 1993, EDM Investments conveyed a Temporary
Construction Easement to the City of San Rafael in connection with the Merrydale
Overcrossing Project and entered into an Easement Agreement; and,
WHEREAS, the City of San Rafael desires to extend the expiration date of the
Temporary Construction Easement to August 1, 1996, as provided for in the Agreement;
and,
WHEREAS, both parties of said Easement Agreement desire to extend the term
of the Temporary Construction Easement.
NOW, THEREFORE, IT IS RESOLVED that the City of San Rafael shall
amend the Easement Agreement with EDM Investments and authorize the Mayor to
execute the Agreement.
I, JEANNE M. LEONCINI, 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 held on Monday, the 5"' day of February, 1996, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Phillips, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
JE M. LEO�ICilerk
ORIGINAL asN"
?RRYDALE OVERCROSSING PROJECT
4 -MRN -101 I E.A. 131981 1 COOP NO 4-1216C
EDM Investments, et. al. I APN: 175-250-14
FIRST EXTENSION TO EASEMENT AGREEMENT
CITY OF SAN RAFAEL
THIS FIRST EXTENSION TO AGREEMENT IS MADE AND ENTERED INTO by and
between the CITY OF SAN RAFAEL, a municipal corporation, hereinafter referred to as "CITY," and EDM
INVESTMENTS, a California Corporation, hereinafter referred to as "OWNER", and NORTHGATE III
PARTNERS, A California Joint Venture.
WHEREAS, the parties have heretofore entered into an Easement Agreement, hereinafter referred to as
"Agreement", on December 13, 1993, for conveyance of certain real property interests, particularly Temporary
Construction Easements (Project Parcel Nos. 1 and 10), hereinafter referred to as "TCE," in connection with the
Merrydale Overcrossing Project, which Agreement is by reference made a part hereof; and
WHEREAS, CITY desires to extend the expiration date of the TCE six (6) months, as provided in the
Agreement, to August 1, 1996; and
WHEREAS, the parties hereto desire to extend the term of the TCE as stated herein; and
ation_ as nrauideri in said
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NOW, therefore, it is mutually agreed that the expiration date of the TCE shall be extended six (6) months
to expire on August 1. 1996 as provided in the Agreement.
EXCEPT as hereinabove stated, the Agreement shall continue in full force and effect in all particulars.
IN WITNESS WHEREOF, the parties hereto have caused this Extension to be executed by their duly
authorized agents on the day and year first written below.
OWNER
CITY OF SAN RAFAEL
EDM Investments,
a California Co ion.
4or
By
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ATTEST:
Clerk �'
Date: cq/c
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