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Home My WebLink AboutCC Resolution 8458 (Merrydale Overcrossing)RESOLUTION NO. R4-tiR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF A CONTRACT FOR THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT FROM THE GREAT WESTERN BANS FOR THE MERRYDALE OVERCROSSING PROJECT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES AS FOLLOWS: The Mayor and the City Clerk are hereby authorized to execute, on behalf of the City of San Rafael, a Right of Way Contract with the Great Western Bank for the acquisition of a Temporary Construction Easement necessary to construct the Merrydale Overcrossing Project. A copy of said Contract is hereby attached and by this reference made a part of this resolution. I, JEANNE M. LEONCI NI, 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 1st day of July, 1991, by the following vote, to wit: AYES: COUNCILMEM 3ERS: Boro, Breiner, Shippey & Mayor Mulryan NOES: COUNCILMEMBERS: Thayer ABSENT: COUNCELMEMBERS: None J M. LEON INI, City Clerk ORIGINAL go' MERRYDALE OVERCROSSING PROJECT 4 -MRN -101 E.A. 115740 COOP NO 4-1216C Portion of Property APN 175-250-06 RIGHT-OF-WAY CONTRACT CITY OF SAN RAFAEL THIS CONTRACT IS MADE AND ENTERED INTO by and between the CITY OF SAN RAFAEL, a municipal corporation, hereinafter referred to as "CITY," and GREAT WESTERN BANK, A FEDERAL SAVINGS BANK AS SUCCESSOR IN INTEREST TO GREAT WESTERN SAVINGS AND LOAN ASSOCIATION, a California Corporation, hereinafter referred to as "OWNER'. WITNESSETH: RECITALS A. OWNER is the owner of that certain real property situate at 300 Las Gallinas Avenue in the City of San Rafael, County of Marin, State of California and commonly referred to as Assessor Parcel No. 175-250-06 and as more particularly described in the Preliminary Title Report No. 147804, dated January 15, 1991, a copy of which is attached hereto as Exhibit "A". B. CITY desires to acquire a temporary construction easement, Exhibit "B", Parcel No. 2, attached hereto and made a part hereof. C. OWNER is willing to provide said temporary construction easement and CITY agrees to purchase said temporary construction easement upon the terms and conditions hereinbelow. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows: 1. OWNER shall provide said temporary construction easement under the following terms and conditions: a) CITY shall pay the sum of ONE THOUSAND, ONE HUNDRED and NO/lOO DOLLARS ($1,100.00) payable upon acceptance of the temporary construction easement and as consideration for said easement and improvements and landscaping therein. b) CITY shall not record said temporary construction easement. COPY 2. OWNER agrees for the considerations herein to provide the temporary construction easement agreement to CITY and to permit and allow CITY, its agents and/or contractors to enter upon OWNER's property on a temporary basis. Said temporary construction easement shall be for the construction of the project and to conform the existing sidewalk and driveways to the grade of newly constructed roadway and all construction and storage of materials and equipment incidental thereto. OWNER understands and agrees that after completion of the work said improvements will be considered as OWNER's sole property and OWNER will be responsible for its maintenance and repair. This permission becomes valid upon acceptance of this CONTRACT by CITY and will expire on completion of the Merrydale Overcrossing Project or in no event later than January 1, 1994, whichever is sooner. 3. In the event that any landscaping (other than minor trimming) or related improvements are removed or permanently damaged by CITY, its contractor or assigns, within the area of the temporary construction easement, said landscaping and/or related improvements will be replaced "in-kind" by CITY at no cost to OWNER 4. The CITY will stage construction of the Merrydale Overcrossing Project so as to minimize disruption to the OWNER's ingress and egress at the two driveways located along the present alignment of Merrydale Road. The CITY agrees to instruct its contractor to keep one of the two driveways passable at all times. 5. OWNER agrees it is not eligible to receive relocation assistance or benefits under the Uniform Relocation Assistance Act. 6. Any notice or demand which either the OWNER or CITY desire to serve upon the other may be served either personally or by depositing the notice or demand in the United States Post Office, postage prepaid, addressed as follows: OWNER: GREAT WESTERN BANK, A FEDERAL SAVINGS BANK Real Estate Department P.O. Box 1010 Northridge, CA 91328 Attn: Lease Administration CITY: City of San Rafael Department of Public Works P. O. Box 151560 San Rafael, CA 94915 7. Real Estate commissions shall not be paid by CITY or OWNER under this contract. 2 J 8. This CONTRACT contains all of the agreements of the parties hereto. No prior agreements or understanding pertaining to the Merrydale Overcrossing Project shall be effective for any purpose. No provision of this CONTRACT may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successors in interest. This CONTRACT shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. CITY warrants and represents that the Merrydale Overcrossing Project complies with all applicable laws, rules and regulations, including without limitation any zoning requirements. CITY shall release, indemnify and hold OWNER harmless from any claims or damages arising from or in connection with the construction of the Merrydale Overcrossing Project except for claims or damages resulting from the active negligence of the OWNER. 9. The parties have set forth the whole of their agreement herein. The performance of this CONTRACT constitutes the entire consideration for the conveyance to CITY of said interests in real property and shall relieve CITY of all further obligations or claims on this account or on account of the location, grade or construction of the proposed public improvement. OWNER or OWNER's representative, has examined the plans, showing the location and the proposed manner of construction of the CITY improvement for which the property interests referred to herein are conveyed. Said plans have been reviewed by OWNER or OWNER's representative, with a representative of CITY, and OWNER acknowledges that a full and complete explanation of the plans has been provided. UIIQI ►1 GREAT WESTERN BANK, A FEDERAL SAVINGS BANK BY: Af Title: .�� L.f /!��o�•G�� Title: �J Date: ,►,„.�. 1 ! , I =r M CITY CITY OF SAN RAFAEL Mayor ATTEST: Cler \ Date: S�d_ r' l 79 i j Approved as to torml ASST. CITY ATTORNEY L'.A Przhminary Report (Rev. 11/18/82) First American We ❑ 10 SOUTH KNOLL ROAD P.O. BOX 611 ❑ 350 BON AIR CENTER SUITE 200 ❑ 1701 NOVATO BOULEVARD • SUITE 304 -�Z 600 FIFTH AVENUE P.O. BOX 151289 C Company of • MILL VALLEY, CA 94942 • GREENBRAE, CA_94904 • NOVATO, CA 94947 • SAN RAFAEL, CA 94901 FOR E.SC RCW INQUIRIESS REPLY TO: Tay Kern, Escrow Officer PROPERTY ADDRESS: 300 Las Gallinas Ave. San Rafael, California Your No. Our Order No. 147804 TK SUPPLEMENTAL Marin • (415) 383-3343 • (415) 461-7570 • (415) 898-1665 • (415) 454-2312 In response to the above referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which maybe sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant'to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insur- ance, a Binder or Commitment should be requested. Dated as of January 15 .19 91 at 7:30 a.m. �— Title Officer The form of policy of title insurance contemplated by this report is: TO BE DETERMINED Title to said estate or interest at the date hereof is vested in: The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: EXHIEIT A , Affiliated with First American Title Insurance Company R' 25 ca o 4L_ 28 400 N�4° 0014611 R_ 535ljj..00 T cl)Z/10 58 32 Surv. Own. S T W Ck. C C —� Approved: I I LL.I %-I WI 01 NI �I M� 0 zi 68°3 POINT OF BEGINNING 4S 4 33" w S6 ° 3g 2T��33'F ' 1 R =756. 10' L = 26.05' Z� = 01° 58'28" cr- o\ N\ WILSEY & HAM 1035 E. HILLSDALE BLVD., FOSTER CITY, CALIF. 44404 • 349.2151 EXHIBIT B. FOR THE ACQUASITION OF TEMP CONSTRUCTION EASEMENT ALONG MERRYDALE ROAD IOWG. NO I 2 ISCALE I"=30' (DATE. 2-14-89 IBK NO