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HomeMy WebLinkAboutCC Resolution 7974 (Merrydale Overcrossing Project)follows: RESOLUTION NO. 7974 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING PROPOSAL FROM ED DUNN FOR RIGHT OF WAY ACQUISITION SERVICES FOR THE MERRYDALE OVERCROSSING PROJECT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as The DIRECTOR OF PUBLIC WORKS is authorized to execute and accept, on behalf of the City of San Rafael, a proposal from Associated Business Services (Edward H. Dunn) for Right of Way Acquisi- tion services for the Merrydale Overcrossing Project, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 15th day of May, 1989, by the follow- ing vote, to wit: AYES: COUNCILMEMBERS:Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None %Zi.o � JEA ESM. LEONCIN City Clerk 19R� I P, 1 �kYiL If 7y SSOCIATED BUSINESS SERVIG_ Lloyd Strom, Assistant Director of Public Works City of San Rafael Public Works Department P.O.Box 60 RECEIVED San Rafael, CA 94915 MAY ? 1989 RE: Merrydale Overcrossing Project PUBLIC WORKS DEPT. CITY OF. BAN RAFAEL E _ Ditolot Art. dr. Moe Eng. Supt. P.W. Perk Supt. Sensor Erq. Awc. Eng. :.-- Trditc &e 1.Re Dear Lloyd, 4. Based on information provided at our initial meeting with' Jeff Peterson of Wilsey & Ham and subsequent review with Mr. Peterson, it now appears that there are additional requirements that will involve the Catholic Church Cemetery property and Civic Center Partners (David Sargent). This will bring the number of various right of way require- ments to 19 involving 9 different property owners. There will also be some coordination with PG&E related to trans- mission line adjustment and guying an the Catholic Church property/with PT&T related to a large box structure for access to a manhole on Civic Center Partners property. Assuming that the right of way requirements for the project do not change, and depending somewhat on the actions of others, I submit the following proposal for accomplishing the appraisal and acquisition portion of the Merrydale Overcrossing Project. The key to the project proceeding on time is the control of the necessary acquisition rights for each property. I believe this can be accomplished in a 10 to 12 week period after the appraisal has been completed and approved. The overall appraisal should be completed in a 3 to 4 week period and will be done by an M.A.I. designated appraiser. County review and approval will probably add 2 weeks more. This estimate is very concentrated acquisition pr,ogram and assumes the following: 1. All of the owners have local representatives. 2. In the event the necessary rights can not be negotiated, City of San Rafael will promptly initiate and eminent domain action. 3. That any further right of way requirement will not be considered as a part of the original 10 to 12 week estimate. 4. That the city will prepare all required documents and necessary changes from the drafts that I will provide. (Recommended as a control feature) 182 TAmAT VISTA ISR. SAN R AFi`AEL. CA 94901 (415) 453-4635 I f I suggest a right of way contract format where all the par- ticulars of each transaction can be set forth in contract form. This format should be reviewed with the City Attorney for approval as to form. The right of way contract would include a right of entry clause that would allow construction to take place after the documents are signed but prior to close of escrow. My recent experience with coordinating lenders subordination agreements through the title companies is that these requests sometime take as long as 3 months. In the case of the 10 temporary construction easements, depend- ing on State requirements, I would recommend a format which I will provide that can be accepted by the Director of Public Works without a board action for each individual document. This type of assignment will require coordination with the appraiser, the engineers, the construction foreman related to damage and time extensions of temporary construction ease- ments, the City and the County of Marin and the title company. Considering an estimate for my assignment in the Merrydale Overcrossing Project, I have estimated the time involved with appraisal, pre-acquisition activities (meetings, document preparation) acquisition activity;and possible pre -condemnation coordination with City Attorney. The estimate does not include any actual condemnation activity. My estimate then for completing this assignment is $26,500., which includes an estimated appraisal fee of $10,000. This estimate is based on my acquisition experience and the way that I recommend the appraisal and acquisition portion of the project proceed. However, I am quite willing to proceed in any manner that you may direct. I am prepared to start this assignment immediately and thank you for your consideration. Sincerely, Edward H Dunn ACCE D: CLTi OA SAN RAFAEL DAVID M. BERNARDI DIRECTOR OF PUBLIC WORKS May 15, 1981