Loading...
HomeMy WebLinkAboutCC Resolution 9148 (Seismic Retrofit)RESOLUTION NO. 9148 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING CONVEYANCE OF TWO TEMPORARY CONSTRUCTION EASEMENTS TO CAL - TRANS FOR STATE'S PROPOSED SEISMIC RETRO- FIT PROJECT AT THE CALIFORNIA PARK OVERHEAD WHEREAS, the public interest, convenience, necessity and welfare require that the two temporary construction easements hereinafter mentioned be conveyed to the State of California to accommodate State's proposed seismic retrofit project at the California Park Overhead; and WHEREAS, in consideration of Caltrans' use of City's property, the State will pay the City the total sum of $15,150 for said easements. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of San Rafael, California, that the Mayor and City Clerk are hereby authorized to execute two Temporary Construction Easement Deeds and two accompanying Right of Way Contracts, all of which are attached hereto and incorporated herein by reference, for conveyance to the State of California to accommodate State's proposed seismic retrofit project at the California Park Overhead. 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 Council of said City on Monday, the 6th day of June, 1994 by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen JE 9M. LEONCIN , City Clerk DRIGINAI M EA3EM-Enr7- AREAS LOCATION MAP C apace above this line for Recorder's Use CORPORATION I District County Route Post Mile Number EASEMENT DEED I 4 Mrn 101 9.6 52508 GRANT to the State of California a TEMPORARY EASEMENT to terminate on March 1, 1996 for construction ournoses and incidents thereto, upon, over and across that certain real property in the Citv of San Rafael County of Marin , State of California, described as follows: A strip of land, 25.00 feet in width, at right angles, lying westerly of and contiguous to the westerly right of way line of the existing State freeway, Route Mrn-101, established by Indenture recorded October 3, 1957, in Book 1144, Page 414, Official Records of Marin County. The termini of said strip being the northeasterly and southwesterly lines of the railroad right of way of the former Northwestern Pacific Railroad Company. CONTAINING 2,405 square feet, more or less. Form RW 6-1(Q) (New 4/93) R, W EnQCOPYJUN 01 1994 mKrinQ C'� IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto subscribed and its corporate seal to be affixed hereto, this 20th day of June , 1994 CITY Oi1N RAFAEL By ALBER B R4_ Byi1JEAN M.LEONCI STATE OF CALIFORNIA County of MARIN ISS. Mayor City Clerk [CORPORATE SEAL] PERSONAL ACKNOWLEDGMENT On this the 20thday of June 19 94, before me, A. M. MARCOTTE , NOTARY PUBLIC , Name, Title of Officer-E.G., "Jane Doe, Notary Public" personally appeared ALBERT J. BORO & JEANNE M. LEONCINI Name(s) of Signer(s) 9 personally known to me ❑ pr-1ved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisih /their authorized capacity(ies), and that by hisgher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Ae_ (Notary Public's ign3iure in and for said County and State) ■ n t OFFICIAL SEAL A. M. MARCOTTE m Notary PubIG-COlfwMa MARIN COUNTY My Commliglon Expires - : November 17. 1995 (tor notary seal or stamp) THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, 1 have hereunto set my hand this day of _AAT • % 1094, 19_ JAMES W. VAN LOBEN SELS / Director of Transportation By W. �J . DOWD , CHIEF Attorney in Fact R/W ACQUISITION SERVICES 'onn RW 6-1(Q) (New 4/93) JUN 0 1 �' � 19 Dist. County Rte. 4 MRN 101 P.M. R/W E.A. 9.6 101949 RIGHT OF WAY CONTRACT -- STATE HIGHWAY Document No. 52508 in the form of a Temporary Construction Easement covering the property particularly described therein has been executed and delivered to MONICO CORRAL Right of Way Agent for the State of California. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. The State shall: (A) Pay the undersigned grantor(s) the sum of $14,300.00 for the property or interest conveyed by above document(s) when title to said property vests in the State free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded) and taxes, except: a. Taxes for the tax year in which this escrow closes shallbe cleared and paid in the manner required by Section 5086 of the Revenue Taxation Code, if unpaid at the close of escrow. b. Covenants, conditions, restrictions, and reservations of record, or contained in the above referenced document. C. Easements or rights of way over said land for public or quasi -public utility or public street purposes, if any. (POSSESSION AND USE) (B) Pay all escrow and recording fees incurred in this transaction, and, if title insurance is desired by the State, the premium charged therefore. (C) Have the authority to deduct and pay from the amount shown in Clause 2(A) above, any amount necessary to satisfy any delinquent taxes due in any fiscal year except the fiscal year in which this escrow closes, together with penalties and interest thereon, and/or delinquent or nondelinquent assessments or bonds except those which title is to be taken subject to in accordance with the terms of this contract. 3. Any or all moneys payable under this contract, up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said trust deed(s) or mortgage(s) shall, upon demand(s) be made payable to the mortgagee(s) or beneficiary(s) entitled thereunder; said mortgagee(s) or beneficiary(s) to furnish grantor with good and sufficient receipt showing said moneys credited against the indebtedness secured by said mortgage(s) or deed(s) of trust. 4. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the State, including the right to remove and dispose of improvements, shall commence on Sent_. 1. 1994 or the close of escrow controlling this transaction, whichever occurs first, and that the amount shown in Clause 2(A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. 5. Grantor(s) warrant(s) that there are no oral or written leases on all or any portion of the property exceeding a period of one month and the grantor(s) further agree(s) to hold the State harmless and reimburse the State for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of grantor(s) for a period exceeding one month. 6. The undersigned grantor(s) hereby agree(s) and consent(s) to the dismissal of any eminent domain action in the Superior Court wherein the herein described land is included and also waive(s) any and all claims to any money that may now be on deposit in said action. 7. This transaction will be handled through an internal escrow with the Department of Transportation, Post Office Box 234401 Oakland, CA 94623-0440. In Witness Whereof, the parties have executed this agreement the day ant year first above written. RECOMMENDED FOR APPROVAL �7 By MONIC¢ CORRikt'-"' Right of Way Agent B BARBA J. WEBB Senior Right of Way Agent CITY OF SAN RAFAEL 2 lb�rt J ro; Ma or Attest: �• Je nne M. Leorlcini, ity Clerk Grantor(s) STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By .- �rY . RICHARD J.�MIIRPHY Deputy Disirict Director - R/W Cpace above this line for Recorder's Use CORPORATION I District County Route Post Mile Number EASEMENT DEED I 4 Mrn 101 9.6 51630 or GRANT to the State of California a TEMPORARY EASEMENT to terminate on March 1, 1996 for construction purposes and incidents thereto, upon, over and across that certain real property in the Citv of San Rafael County of Marin State of California, described as follows: A strip of land, 7.00 feet wide, at right angles, lying easterly of and contiguous to the easterly right of way line of the 0.29 acre parcel established by agreement recorded December 5, 1933 in Book 240, Page 420, Official. Records of Marin County. The termini of said strip being the southwesterly line of the former Northwestern Pacific Railroad right of way and the southwesterly line of Anderson Drive. CONTAINING 1,217 square feet, more or less. Form RW 6-1(Q) (New 4/93) R/ w En,,1nfPAri.... r'`. JU11 N 0 T 1994 IN WITNESS WHEREOF, aid corporation has cause i.ts corporate name to be hereunto subscribed and its corporate seal to be affixed hereto, this 20th day of Jiine , 1994 TY F AEL By v � By STATE OF CALIFORNIA County of MARIN SS. Mayor City Clerk [CORPORATE SEAL] PERSONAL ACKNOWLEDGMENT On this the 2lstday of June 19 94, before me, A. M. MARCOTTE, NOTARY PUBLIC Name, Title of Officer-E.G., "Jane Doe, Notary Public" personally appeared ALBERT J. BORO & JEANNE M. LEONCINI Name(s) of Signer(s) ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that hetshe/they executed the same in Naiher/their authorized capacity(ies), and that by hisiher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Com' f // /, (Notary Public's signature in and for said County and State) ..• tJrri�..ihri_ aier+i. A. M. MARCOTTE ' Notary PubOc-Californla MARIN COUNTY My Commission Explres , November 17, 1995 (for notary seal or stamp) THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 19_ By Director of Transportation Attorney in Fact Form RW 6-1(Q) (New 4/93) 1994 ERV X71 Engineering Co -,7 California 19 Dist. County Rte. P.M. R/W E.A. 4 MRN 101 9.6 101949 RIGHT OF WAY CONTRACT -- STATE HIGHWAY Document No. 51630 in the form of a Temporary Construction Easement covering the property particularly described therein has been executed and delivered to MONICO CORRAL Right of Way Agent for the State of California. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. The state shall: (A) Pay the undersigned grantor(s) the sum of $850.00 for the property or interest conveyed by above document(s) when title to said property vests in the State free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded) and taxes, except: a. Taxes for the tax year in which this escrow closes shallbe cleared and paid in the manner required by Section 5086 of the Revenue Taxation Code, if unpaid at the close of escrow. b. Covenants, conditions, restrictions, and reservations of record, or contained in the above referenced document. C. Easements or rights of way over said land for public or quasi -public utility or public street purposes, if any. i " (POSSESSION AND USE) (B) Pay all escrow and recording fees incurred in this transaction, and, if title insurance is desired by the State, the premium charged therefore. (C) Have the authority to deduct and pay from the amount shown in Clause 2(A) above, any amount necessary to satisfy any delinquent taxes due in any fiscal year except the fiscal year in which this escrow closes, together with penalties and interest thereon, and/or delinquent or nondelinquent assessments or bonds except those which title is to be taken subject to in accordance with the terms of this contract. 3. Any or all moneys payable under this contract, up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said trust deed(s) or mortgage(s) shall, upon demand(s) be made payable to the mortgagee(s) or beneficiary(s) entitled thereunder; said mortgagee(s) or beneficiary(s) to furnish grantor with good and sufficient receipt showing said moneys credited against the indebtedness secured by said mortgage(s) or deed(s) of trust. 4. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the State, including the right to remove and dispose of improvements, shall commence on vpt_1. 1994 or the close of escrow controlling this transaction, whichever occurs first, and that the amount shown in Clause 2(A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. 5. Grantor(s) warrant(s) that there are no oral or written leases on all or any portion of the property exceeding a period of one month and the grantor(s) further agree(s) to hold the State harmless and reimburse the State for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of grantor(s) for a period exceeding one month. 6. The undersigned grantor(s) hereby agree(s) and consent(s) to the dismissal of any eminent domain action in the Superior Court wherein the herein described land is included and also waive(s) any and all claims to any money that may now be on deposit in said action. 7. This transaction will be handled through an internal escrow with the Department of Transportation, Post Office Box 23440, Oakland, CA 94623- 0440. In Witness Whereof, the parties have executed this agreement the day and year first above written. FB F S RAFAEL eb t (� o , May�Ir Attest 4J bT. eanne eoncini 7 Grantor(s) Recomm d d for Appr 1: STATE OF CALIFORNIA DEPARTI T OF ¢MANSPORTATION By MdNIGO CORRAL Right of Way A entI W By RICHARD J .,' MIIRPHY Deputy Di6trict Director - R/W By 4 BARBARA WEBB i Senior Right f Way Agent