HomeMy WebLinkAboutCC Resolution 9547 (Merrydale Overcrossing ROW Agr)RESOLUTION NO. 9 5 4 7
A RESOLUTION OF THE CITY OF SAN RAFAEL TO AMEND
THE RIGHT-OF-WAY CONTRACT BETWEEN MARIN
ASSOCIATION OF REALTORS, INC. AND THE CITY OF SAN
RAFAEL FOR THE MERRYDALE OVERCROSSING PROJECT
FOR A TEMPORARY CONSTRUCTION EASEMENT.
The City Council of the City of San Rafael resolves as follows:
WHEREAS, on July 17, 1991, Marin Association of Realtors, Inc. 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, Marin Association of Realtors, Inc. accepts the City of San Rafael's
offer of Two Hundred Fifty Dollars ($250.00).
NOW, THEREFORE, IT IS RESOLVED that the City of San Rafael shall
amend the Right -of -Way Contract with Marin Association of Realtors, Inc. 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"' day of February, 1996, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Phillips, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
JEAa— M. LEONCIN` I, City Clerk
0R1G1NA1,,-<Lv1
MERRYDALE OVERCROSSING PROJECT
4 -MRN -101 1 E.A. 131981 1 COOP NO 4-1216C
Marin Association of Realtors I APN: 155-200-09
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 MARIN ASSOCIATION OF REALTORS, INC., a
California non profit corporation, hereinafter referred to as "OWNER(S)."
WHEREAS, the parties have heretofore entered into a Right of Way Contract on June
17, 1991, and First Amendment to Right of Way Contract on October 18, 1993, for conveyance of
certain real property interests, including a Temporary Construction Easement (Project Parcel No.
6), hereinafter referred to as "TCE," in connection with the Merrydale Overcrossing Project, which
Contract and First Amendment are by reference made a part hereof; and
1996; and
and
WHEREAS, CITY desires to extend the expiration date of the TCE to December 31,
WHEREAS, the parties desire to amend the contract to extend the term of the TCE;
WHEREAS, OWNER accepts CITY'S offer of TWO HUNDRED FIFTY DOLLARS
($250.00) as full compensation for the extension and OWNER shall be fully compensated upon
approval and signature of this Amendment by both parties.
NOW, therefore, it is mutually agreed to amend Paragraph No. 3 of the Right of Way
Contract regarding the TCE and the First Amendment as follows: The date of "January 1, 1994" in
the above mentioned paragraph of the Right of Way 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 Right of Way Contract and First Amendment
shall continue in full force and effect in all particulars.
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.
OWNER:
MARIN ASSOCIATION OF REALTORS, INC.
a California non prof c ration
By
i
Title d2 01 c2Tia
Date: oe C. a, )I q 5 -
CITY OF SAN RAFAEL
ATTEST:
Clerk I
Date:
� r
7- O- V
�5' i1 Pa