HomeMy WebLinkAboutResolution No. 5136RESOLUTION NO. 5136
A RESOLUTION AUTHORIZING THE SIGNING OF A SUPPLEMENTAL
AGREEMENT WITH NORTHWESTERN PACIFIC RAILROAD COMPANY
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf
of the City of San Rafael a Supplemental Agreement with NORTHWESTERN
PACIFIC RAILROAD COMPANY covering that portion of a City sewer pipeline
over NORTHWESTERN PACIFIC RAILROAD COMPANY property (being a portion of
A.P. No. 13-012-17 - Supplements Lease Audit No. NWP-1065, Clerk's File
4-5-6). A copy of said Supplemental Agreement is hereby attached and by
this reference made a part hereof.
I, MARION A. GRADY, City 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 of said City held on
TUESDAY, the 6TH day of JULY, 1976, by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
MARION A. GRADY, City C rk
Lase NWP 1065
THIS SUPPLEMENTAL AGREEMENT, dated this day of
, 1976, by and between NORTHWESTERN PACIFIC
RAILROAD COMPANY, a corporation, herein called "Railroad,"
and CITY OF SAN RAFAEL, a municipal corporation of the State
of California, herein called "City";
RECITALS:
Railroad and City entered into that certain agreement
dated February 1, 1940, wherein City was permitted to con-
struct, reconstruct, maintain and operate that certain
sewer pipe line beneath Railroad's property at or near
San Rafael Station, in Marin County, California, at the
location indicated on the print attached thereto and made
a part thereof.
Railroad has sold a portion of its property beneath
which said pipe line is located and the parties desire to
modify said agreement to indicate the portion thereof
remaining beneath Railroad's property.
AGREEMENT:
As of February 20, 1975, the portion of said sewer pipe
line subject to said agreement of February 1, 1940, is as
illustrated on the print of Railroad's Drawing No. A-1309,
dated March 19, 1976, attached and made a part hereof, which
print is hereby substituted for the print attached to said
recited agreement.
The monetary consideration for City's use of said property
is hereby reduced to Ten Dollars ($10) per annum, payable annually
in advance.
Except as herein provided, all terms and conditions of said
agreement of February 1, 1940, scall continue in full force and
effect.
IN WITNESS WHEREOF, the parties Hereto have caused tk,is
mental agreement to be executed in duplicate the day and
year first herein written.
A r'ed as to tzrm:
G-
�_tti .
;y w i "'{, City Attorney
NORTHWESTERN PACIFIC RAILROAD COMPANY
3y
Title:
'ITY OF SAN AEL
By
Mayor
Glerk