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HomeMy WebLinkAboutCC Resolution 9546 (Merrydale Overcrossing ROW Agr)RESOLUTION NO. 9546 A RESOLUTION OF THE CITY OF SAN RAFAEL TO AMEND THE RIGHT-OF-WAY CONTRACT BETWEEN CONNECTICUT GENERAL LIFE INSURANCE COMPANY AND THE CITY OF SAN RAFAEL FOR THE MERRYDALE OVERCROSSING PROJECT FOR TWO TEMPORARY CONSTRUCTION EASEMENTS. The City Council of the City of San Rafael Resolves as follows: WHEREAS, on December 13, 1993, Connecticut General Life Insurance Company conveyed a Temporary Construction Easement to the City of San Rafael in connection with the Merrydale Overcrossing Project and entered into a Right -of -Way Contract; and, WHEREAS, the City of San Rafael heretofore amended the Contract on October 18, 1993, to extend the expiration date to December 31, 1995; and, WHEREAS, the City of San Rafael desires to extend the expiration date of the Temporary Construction Easement to December 31, 1996; and, WHEREAS, both parties of said Right -of -Way Contract desire to extend the term of the Temporary Construction Easement; and, WHEREAS, Connecticut General Life Insurance Company has been advised of its right to compensation as provided by State and Federal Law and has voluntarily chosen to waive its right to compensation and grant the extension regarding the Temporary Construction Easement as a donation. NOW, THEREFORE, IT IS RESOLVED that the City of San Rafael shall amend the Right -of -Way Contract with Connecticut General Life Insurance Company and authorize the Mayor to execute the second amendment to the Right -of -Way Contract. 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°i day of February, 1996, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen Ave I� . JE E M. LEONCtiINI, City Clerk ORIGINAL W" MERRYDALE OVERCROSSING PROJECT 4 -MRN -101 1 E.A. 131981 1 COOP NO 4-1216C Kingston Riverbank/Conn. Gen. I APN: 180-121-44, 57 & 58 155-200-11 & 13 SECOND AMENDMENT TO RIGHT-OF-WAY CONTRACT CITY OF SAN RAFAEL THIS SECOND AMENDMENT TO CONTRACT IS MADE AND ENTERED INTO by and between the CITY OF SAN RAFAEL, a municipal corporation, hereinafter referred to as "CITY," and CONNECTICUT GENERAL LIFE INSURANCE COMPANY, a Connecticut corporation, hereinafter referred to as "OWNER." WHEREAS, the predecessor in interest to the OWNER entered into a Right of Way Contract, hereinafter referred to as "Contract", on January 6, 1992, for conveyance of certain real property interests, including Temporary Construction Easements (Project Parcel Nos. 7 & 14), hereinafter referred to as "TCE," in connection with the Merrydale Overcrossing Project, which Contract is by reference made a part hereof; and WHEREAS, the parties have heretofore amended the Contract by that certain First Amendment to Right of Way Contract, hereinafter referred to as "First Amendment", on October 18, 1993, to extend the expiration date of the TCE to December 31, 1995; and 1996; and WHEREAS, CITY desires to extend the expiration date of the TCE to December 31, WHEREAS, the parties desire to further amend the Contract and First Amendment to extend the term of the TCE to December 31, 1996; and WHEREAS, OWNER has been advised of their right to compensation as provided by State and Federal Law and has voluntarily chosen to waive their right to compensation and grant the extension regarding the TCE as a donation. NOW, therefore, it is mutually agreed to amend Paragraph No. 3 of the Contract regarding the TCE and the First Amendment as follows: The date of "January 1, 1994" in the above mentioned paragraph of the Contract and the extension date of "December 31, 1995" in the First Amendment shall be amended in both documents to read "December 31. 1996". EXCEPT as hereinabove amended, the Contract and First Amendment shall continue in full force and effect in all particulars. Second Amendment to Right of v, ay Contract Page Two of Two IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly authorized agents on the day and year first written below. OWNERS: CONNECTICUT GENERAL LIFE INSURANCE COMPANY, a Connecticut Corporation. By: CIGNA Investments, Inc., a Delaware Corporation. By � v`n. Title V ,:';le"son Vir'2 Presid,::' t Date: Or �2'% '-�,LI 1 C1 q CITY OF SAN RAFAEL ATTEST: Clerk ` Date: 2