HomeMy WebLinkAboutResolution No. 5504RESOLUTION NO. 5504
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf of the
City of San Rafael a contract, lease or agreement with
Northwestern Pacific Railroad Company
and the San Rafael Redevelopment Agency
a copy of which is hereby attached and by this reference made a part hereof.
I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly introduced and
adopted at a special meeting of the City Council of said City held on
Monday the
following vote, to wit:
26th
day of June , 19 78 by the
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
J N . LEONCINI, City Clerk
1/78 -CC
01 Gill
-N A
A G R E E M E N T
THIS AGREEMENT is made as of the ZpV� day of June, 1972,
by and between the CITY OF SAN RA.FAEL, a Municipal Corporation, here-
inafter referred to as "City", the SRN RAFAEL FL DEVELOPtIENT AGENCY,
hereinafter referred to as "Agency", and the NORTHWESTERN PACIFIC
RAILROAD COMPANY, hereinafter referred to as "Company".
nvr'TrrAT. C
W1dEREAS, City, by easement, uses land ow-ned by Company for
City street purposes; and
WHEREAS, Agency desires to extend West Francisco Boulevard
to connect to Second Street at Agency's expense; and
KFEREAS, City desires to acquire ownership of Company's B
Street tea --,n track right-of-way for a future City street; and
WHEREAS, Company is desirous of obtaining title to the exist-
ing track area between Third and Fourth Streets oc-.ned by City; and
PJHEREAS, it is to the mutual benefit of City, Agency, and
Co:1rpany to make an exchange of land areas and land rights in order
to resolve land use conflicts and to pursue mutual goals;
THEREFORE, CITY, AGENCY, AND COMPA_N4Y AGREE AS FOLLO:i'S :
The City agrees to convey to Company fee title to the strip
of land approximately 60 feet by 300 feet underneath the Northwestern
Pacific main line between Third and Fourth Streets, San Rafael, and
more specifically described in Exhibit "A" attached hereto and by
this reference made a part hereof.
In exchange for the City's conveyance of the above described
pi_ciperty, the Company agrees to:
1. Convey to City all of its right, title and interest in
and to three parcels underlying Tamalpais Avenue, as more fully sct
forth in Exhibit "B" attached hereto and by this reference made a
part hereof. '
I.
2. Convey to City 19,344 square feet, more or less, of
right-of-way on three parcels south of Second Street, as described
in Exhibit "C" attached hereto and by this reference made a part
hereof, for the West Francisco Boulevard extension.
3. Convey to City all its right, title and interest to 4,800
square feet of fee owned land at the end of San Quentin dead track,
as more fully described in Exhibit "D" attached hereto and by this
reference made a part hereof.
4. Company further will convey to City all right, title and
interest to the entire former B Street line, as described in Exhibit
"D", between A Street and the San Quentin dead track, excluding there-
from, however, the main line right-of-way. The Company will -,.upon
application of the City, grant a roadway easement and crossing over
the main line right-of-way, and will support said crossing applica-
tion with the Public Utilities Commission. The City agrees to grant
the Company a right-of-way easement For entry to the Culvert Street
team track area.
5. Company shall retain the right to cperate on existing
trackage for such a period of time as required to serve the B Street
team trach: and/or Pacific tlater.ials. At such time as the Company is
relieved of the responsibility of providing railroad services to the
B Street team track and/or Pacific M•as.
terials, the Company shall remove
all tracks from the right-of-way and shall relinquish all its rights
over the right-of-way to the City.
6. The above transfers of property from the Company to the
City are subject to the Agency assuming and paying for charges inci-
dent to the installation of crossing protection when and where needed,
and the removal of 731 feet of track from the west leg of the wye
between Second Street and Lincoln Avenue west of Irwin Street, and
removal and disposal of 30 feet of open deck trestle at approximately
the same location.
7. Company assigns and transfers to City all its right,
title and interest to leases and rentals on property described in
2.
Exhibits "B", "C", and "D". City's right to said benefits shall
commence on the date escrow closes.
Company warrants that it is the lawful owner of the property
described in Exhibits "B", "C" and "D", and entitled to lease and/or
rent the property and that the rental property is free from all liens,
encumbrances, claims and set -offs.
Company further agrees to provide City with copies of any
agreements now existing with any of the tenants on the properties
described in Exhibits "B", "C" and "D".
8. (a) Within fifteen (15) days after the date this Agree-
ment is signed, the parties hereto shall open an escrow with St. Paul
Title Company, 1300 Fourth Street, San Rafael, California, and,each
party shall deposit with the escrow holder duly executed escrow in-
structions in form appropriate to consummate this Agreement. The
escrow instructions shall provide for the closing of escrow on or
before
1973.
(b) The escrow instructions shall further provide for
the dc -posit Icy the City, Agency, and Company, respectively, of such
instruments and funds necessary to close the escrow and consummate
this :;;reement in the manner set forth in this Agreement.
(c) The escrow instructions shall further provide that
:s
the Agency and Company shall each pay one-half (1/2) of the escrow
fees.
(d) Agency shall pay for the documentary transfer tax
on City's grant deed, for 'the cost of the policy of title insurance,
and the cost of preparing City's grant deed.
(e) Company shall pay for the documentary transfer tax
on --.ie grant deed of the property described in Exhibits "B", "C" and
"D", .for the cost of the policy of title insurance., and for the cost
of preparing Company's grant deeds for the properties described in
x-hibits "B", "C" and "D" .
(f) Any other costs of the escrow shall be apportioned
in the customary manner in the County in which the real property is
located.
0
(g) In the event the escrow should fail to close for
any reason whatsoever, the costs incurred through the escrow to the
scheduled closing date shall be borne by the party who is not pre-
pared to proceed to close in accordance with this Agreement. If
neither party is so prepared, said costs shall be divided equally
between the parties. ,
9. It is expressly agreed by the parties that the escrow
instructions shall be executed and delivered for the purpose of
enabling the escrow holder to complete the exchange of the real
property in accordance with the terms of this Agreement and that in
the event of any -conflict between the provisions of the escrow in-
structions and this Agreement, the provisions of this Agreement shall
be controlling. A copy of this Agreement shall be deposited with the
escrow holder, thereby constituting a part of the escrow instructions.
10. All communications, notices and demands of any kind which
either party may be required or desire to give, or to serve upon the
other part,, shall be made in writing and delivered by registered or
certified mail, postage prepaid, return receipt requested, to the
following addresses:
To Citv:
City Clerk
City of San Rafael
P. O. Box 60 z
San Rafael, CA 94902
To Agency:
Edward P. Ward, Associate Director
San Rafael Redevelopment Agency
P. O. Box 60
San Rafael, CA 94902
To Company:
Oscar L. Osness
Southern Pacific Building
One Market Plaza
San Francisco, CA 94105
Any such notice sent by mail shall be presumed to have been received
by the addressee forty-eight (48) hours after posting in the United
States mail. Either party may change its address by giving the other
parties written notice of its new address, as herein provided.
4.
IN WITNESS WHEREOF, the parties have hereunto set their
hands as of the day and year first above written.
CITY OF SAN PAFAEL
ATTEST:
By
1NE M. LEONC. PAUL BET iINI*, Mayor
SAN RAFAEL REDEVELOPMENT AGENCY
ATTEST:
M. LEON NI \ WILLIA14 J. BIELSER, Executive Direc.
Agency Secre tare
Approved as to Form:
✓/IEARrY A. 'P0I�1,?ICI:
City,,Attorey
NO2THWESTERN PACIFIC RAILROAD COY'?Ati_'
S.
V.
All that portion of Tamalpais Avenue as shown upon the
Map of the Townsite of the Town of San Rafael, made by
H. Austin Esq. filed October 14, 1873 Rack 1 Sheet 4
Marin County Records bounded on the North -by the Southerly
line of Fourth Street and bounded on the South by the
Northerly line of Third Street.
EXHIBIT A
DESCRIPTION: City of San Rafael - County of Marin - State of California
All of that certain Parcel of land situated in the Town of San Rafael
in Marin County State of California and bounden and described as follows
Bhginnink at a point on the Southerly line of Fourth Street distant
Westerly thereon Fifty (50) feet from the Westerly line of Tanalpais
Avenue as said Avenue is marked and shown upon the Plat of the Town
site of said Town filed in the office of the County Recorder of said
Marin County on the 14th day of October 1873 running thence Westerly
alon-`said line of Fourth Street Fifty (50) feet thence Southerly
parallel with said line of said Avenue as shown on said plat to the
i:artherly line of Third Street thence along said line of Third Street
Easterly Fifty (50) feet thence Northerly in a straight line to the
point of beginning.
4
EXHIBIT �,
That certain real property situated in the City of San
Rafael, County of Marin, State of California, described
as follows:
BEGINNING at a point on_the Southerly line of Fifth Street,
as shown upon the Map errtitled "Plat of the Townsite of the
Town of San Rafael" filed October 14, 1873 in the Office of
the County Recorder of Marin County, said point being the
Northeast corner of the parcel of land conveyed to San
Francisco and North Pacific Railway Company, a California
corporation, by Deed recorded June 11, 1906 in Book 99 of
Deeds at page 388; thence along said Southerly line, South
81015' East 50 feet+ to the Westerly line of Tamalpais Avenue,
as shown upon said Map; thence leaving said Southerly line
and along said Westerly line, South 11145'+ West 217 feet+
to the Northerly line of Fourth Street, as shown upon said
Map; thence leaving said Westerly line and along said Northerly
line, North 81°15' West line and along said Northerly line,
North 81°15' West 50 feet+ to the Southeast corner of the
parcel of land conveyed to Lillian Stapp, by Deed recorded
October 16, 1937 in Book 349 of Official Records at page 371;
thence leaving said Northerly line of Fourth Street, North
11°45'+ East to the point of beginning.
EXHIBIT 6
That certain real property situate in the City of San -Rafael,
County of Marin, State of California, described as follows: -
BEGINNING at a point on the Northerly line of Fifth Street, as
shown upon the Map entitled "Plat of the Townsite of the'.Town _.=y
of San Rafael", filed October 14, 1873 in the Office of: -the
County Recorder of Marin County, said point being the:Southeasterly_
corner of the parcel, of land conveyed to Marin County Abstract
Company, a corporation, by Deed recorded May 12, 1937 in Book. 339._
of Official Records at page 351; thence Along said Northerly line,
South 811 15' East 50 feet to the Westerly line of Tanalpais
Avenue, as shown upon said Map; thence leaving said Northerly
line and along said Westerly lire, North 111 45' East 254 feet to
the Southerly line of Mission Street as shown upon said !sap;
thence leaving said Westerly line and along said Southerly lire,
North 791 00' nest 50 feet to the Northeasterly corner of the
parcel of land conveyed to Ann Clancy, et al, by Deed recorded
April 22 1937 in Book 338 of Official Records at page 166; thence
leaving said Southerly line and along, the Easterly lire cf,said
Clancy parcel, South 111 45' WestI29 feet to the Southeasterly
corner of said Clancy parcel, said point being the Northeasterly
corner of said Marin County Abstract parcel; thence along the
masterly line of said Marin County Abstract parcel, South 111 451
West 126.33 feet to the point of beginning.
EXHIBIT B
PARCEL ONE:
Beginning at the northwesterly corner of "Parcel 3" of that
property conveyed by the N.W.P.R.R. to the State of California as
recorded on N.W.P.R.R. deed X4134;
Thence N 510 52' 21" W ±, along the westerly boundary of
Francisco Blvd., 130';
Thence S 32° 14' 18.6" E, 124.9841;
Thence S 34° 17' 47.5" E ±, 353.91' ± to a point on the
westerly right-of-way line of Irwin Street;
Thence along said right-of-way, N 080 03' 54" E 50'± to
its intersection with the property line of the State of California
as described in the aforementioned document;
Thence, along said property line, N 400 23' 08" W, 126.021;
Thence, along a non tangent curve to the right, whose center
bears N 59° 28' 47" E, with a radius of 1762' through a central
angle of 6° 18' 47" to the point of beginning.
Having an area of 12539.6 sq. ft. (.29 acres) .
EXHIBIT
PARCEL TWO:
Beginning at the most southeasterly corner of that land
described as Parcel '3 in those lands conveyed to the State of
California from the N.W.P.R.R. in 1970 as shown on N.W.P.R.R.
deed '4134;
W 270';
Thence S 400 23' 08" E 485' to the
"True Point of Beginning".
Thence, from said "True point of beginning" N 40' 23' 08"
Thence S 49° 36' 52" W 291;
Thence, along a non tangent curve to the left, said curve
having a radius of 1567' and an arc length of 271.55' and a central
angle of 9° 56' 29" whose center bears N 48° 27' 17" E, returning
to the "True Point of Beginning".
Having an area of 4982.4 sq. ft. ( .11 acres) .
EXHIBIT C
PARCEL THREE:
Beginning at the intersection of the northerly right-of-way
of
Francisco Boulevard with_the
westerly right-of-way
of the State
of
California (State Highway 101
- South), said point
also referred
to as Caltrans right-of-way point No. 92;
Thence, on a northerly curve to the right, said curve having
a radius of 394.49' and central angle of 190 42' 3511, a distance of
135.70 feet to a point, said point also referred to as Caltrans
right-of-way point No. 93;
Thence, S 11° 41' 35" W along a line 105.14'± to its inter-
section with the northerly right-of-way line of Francisco Boulevard;
Thence, S 510 52' 21" E along said right-of-way 501± to the
point of beginning.
Having an area of 1821.59 square feet.
EXHIBIT G
All the land situated in the City of San Rafael, County of Harin, Stat0
of California, described as follows:
PARCEL ONE
That portion of the full width of the 60 foot strip of land referred tc
in a Commissioner's Report i
and San Ouentin Railroad Company to Condemn Certain Lands, n reference to a Petition of the San R fae7
I-;arain County
Court Case No. 144, a copy of which was recorded June 21, 1869 in Book
"I" of Deeds at page 1, Marin County Records.
i•IHICH 60 foot strip of land is also described in the Deed to T-torthweste
Pacific Railroad Company, a California corporation, recorded August 10,
1933 in Book 267 of Official Records at page 202.
SAID PORTION is bounded on the I -lest by the E sterly line ofthe Depot
site (on the Westerly line of "A" Street), referred to insaid Report
and Deed, and bounded Easterly by the Easterly line of Lindaro Street,
as said Street is described in:the Ouitclaim Deed executed b
y the of San Rafael, recorded September 16, 1938 in Book 369 of Official
City
Records at page 348. .
PARCEL TWO
BEGINNING at a point on the Easterly line of the Depot grounds of the
Northwestern Pacific Railroad Company at "B" Street, said point being
South 060 25' I -lest_ 220._4 feet from the Southerly line of Second Street;
and South 830 15' East- feet�rom tTie easterly line of B Str et -
thence South 37° 25' East 98.6 feet, South 060 45' West 6.6 feet and
South 83° 15' East 6.5 feet to a fence on the Northerly lien of the
Railroad; thence along said fence, South 370 42' East 69.7 feet,
South 421 03' East 81.8 feet, South 460 12' East -50.2 feet,
South 521 07' East 54.1 feet, South 54° East 51 feet; thence leaving
said fence, North 540 31' West 361.2 feet and North 061 45' East 91.1
feet to the point of beginning.
EXCEPTING TIIEREFROM (a) the portion conveyed to Marin Produce Co., Inc.,
a California corporation, by Deed recorded September 22, 1950 in Book
662 of Official Records at page 239; and (b) the portion conveyed to
Marin Products Co., Inc., a California corporation, by Deed recorded
February 1, 1957 in Book 1090 of Official Records at page 575.
EXHIBIT D
DESCRIPTIO::
PARCEL ONE
City of San Rafael - County of Marin - State of California
The portion of the full width of the sixty foot strip of land described
in the Quitclaim Deed from the trustees of the creditors and stockholder
of San Rafael and San Quentin Railroad Company, a defunct corporation, t
Northwestern Pacific Railroad Company, a corporation, recorded August 10
1933 in Book 267 of Official Records at page 202, that lies between the
Easterly line of LindaroStreet as said Street is described in the Deed
executed by City of San Rafael, a municipal corporation, recorded
September 16, 1938 in 369 OR 348 and in the Deed from Northwestern
Pacific Railroad Company, a corporation, recorded May 20, 1942 in 429 OF
115, Southeasterly to the Easterly line of Irwin Street,*as said street
is described in the Deed to the City of San Rafael, recorded February 3,
1900 in Book 61 of Deeds at page 78, Harin County Records.
PARCEL TWO
The land that is bounded on the Northwest by the land described in the
Deed to San Francisco and North Pacific Railway Company, a California
corporation, recorded September 24, 1891 in Book 18 of Deeds at page 13(
bounded on the Southeast by the Northwesterly line of Irwin Street, as
said street is described in the Deed to the City of San Rafael recorded
February 3, 1900 in Book 61 of Deeds at page 78; bounded on the South-
west by the Northeasterly line of the 60 foot strip described in the
Deed to Northwestern Pacific Railroad Company, a corporation, recorded
August 10, 1933 in hook 267 of Official Records at page 202; and boundec
on the Northeast by the Southwesterly lines of the following Deeds
executed by Northwestern Pacific Railroad Company, a California
corporation:
a) To : F. Lloyd Grandi,
P
.ecorded : April 30, 1947
Book : 552 of Official
et al
Records at page 2
b) To
: La Terra, Inc., a
California
corporation
Recorded
: July 11, 1962
Book
: 1589 of Official
Records at
page 510
c) To
: La Terra, Inc., a
California
corporation
Recorded
: June 15, 1961
Book
: 1470 of Official -Records
at
page 378
d) To
: La Terra, Inc., a
California
corporation
-Recorded
: May 27, 1959
Book
: 1282 of Official
Records at
page 384
EXHIBIT 0
DESCRIPTIM : City of San Rafael - County of. ,`sarin - State of California
The Dortion of the full width of the 60 foot wide strip of land
described in the Quitclaim Deed from the TrustQes of the creditors and
stockholders of San Rafael and San Quentin Railroad Company, -a defunct
corporation, to Northwestern -Pacific Railroad Company, a corporation,
recorded August 10, 1933 in Book 267 of Official Records at page 207,
that lies between the Easterly line of Irwin Street, as said Street is
described in the Deed to the City of San Rafael, recorded February 3,
1900 in Book 61 of Deeds at page 78, and the Northwesterly line of
Parce-1 Two of the land described in the Deed from Northwestern Pacific
Railroad Company, a corporation, to Marin Title Guaranty Company, a
corporation, recorded I -lay 23, 1946 in Book 516 of Official Records at
paEe 4612 1;arin County Records.
EXHIBIT D