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PW Southern Heights Bridge Temporary Construction EasementsCITY OF SAN RAFAEL, CALIFORNIA DEPARTMENT OF PUBLIC WORKS MEMORANDUM DATE: August 23, 2018 FILE NO. 16.01.266 TO: Jim Schutz, City Manager FROM: Bill Guerin, Public Works Directore6 SUBJECT: Southern Heights Bridge Replacement Project Just Compensation for Temporary Construction Easements Since December 2017, staff and the design team have worked to obtain environmental clearance at the federal level, coordinated with utility companies, and progressed the construction documents (i.e., plans) to the 65% level. After reviewing the plans and discussing with the design team how the bridge may be built, it has become necessary to procure seven temporary construction easements from adjacent property owners such that the prime contractor charged with building the bridge will have sufficient room to mobilize equipment due to lack of space within the narrow City right of way. The design team includes qualified real estate professionals who have obtained appraisals and comparables to determine the fair market value of the necessary easements as set forth below: Address Property Owner Initial TCE Offer Values 10 Meyer Road $1,000 Total Initial Offers $17,536 In order to move the project forward, the City is scheduling appointments with property owners for September 4, 2018 at which time the offers will be presented. To finalize the offer packages we request you sign Page 2 of the Valuation Summary Statement setting forth the "Just Compensation" for each offer, and return them to me. The proposed offers constitute a starting point, and the City will negotiate with property owners to come to an agreed upon amount for the City to secure temporary construction easements. It should be noted that this project is funded through the Caltrans Highway Bridge Program, and that the City will be reimbursed the costs associated with the temporary construction easements; no local match is required. The City Attorney's Office has retained Benjamin Stock, an eminent domain attorney, to peer review all real estate documents prepared by the design team. Mr. Stock has reviewed and approved the offer packages enclosed herein. C:\Users\huntery\AppData\Local\Microsoft.Windows'•Temporary Intemet Files'.Content.OutlookVF795S4V\2018-08-23 - Memoradum to Jim Schutz.doc HSR JEWELL ASSOCIATES August .2018 HAMNER, JEWELL & ASSOCIATES Government Real Estate Services Right of Way Acquisition - Relocation Assistance - Real Property Consulting Offices in Ventura, San Luis Obispo and Fresno Counties Writer's Telephone Number. (559) 412-8710 Writer's email address: gmoralesahamner-iewell.com Personally Delivered [Certified mail if cannot be personally delivered] Subject: City of San Rafael — Southern Heights Boulevard Bridge Replacement Project Acq. AN 012-282-17 ( Dear This is to formally present you with an offer on behalf of the City of Rafael to purchase a temporary construction easement on your property located at 10 Meyer Road, San Rafael, California. As you are aware, purchase by the City is necessary in conjunction with the proposed Southern Heights Boulevard Bridge Replacement Project. To ensure that fair market value is offered to you for the purchase of this easement, waiver valuation has been prepared. That valuation has taken into consideration the highest and best use of the affected property, the size of the land, any improvement located thereon, and all other factors that affect fair market value. On the attached Valuation Summary Statement, the total compensation figure of $1,000 represents the fair market value of the easement, as established by this recent independent valuation, and is the amount of the City's offer to you for the purchase of this easement. Your ongoing cooperation for access to the property for these inspections and assessments is appreciated. These inspections will be conducted at the City's expense. The City hereby offers to purchase the easement for the full amount offered, subject to you conveying the easement to City free and clear of all liens and encumbrances other than public utility easements and public rights of way. The City would pay all usual and necessary escrow, title, transfer, and recording fees associated with this purchase. Corporate and San Luis Obispo County Office 530 Paulding Circle, Suite A, Arroyo Grande, CA 93420 (805) 773-1459 Ventura County Office 4.176 Market Street, Suite 601, I`entura, CA 93003 (805) 658-8844 Central Valley Office 6051 N. Fresno Street, Suite 106, Fresno, CA 93710 (559) 412-8710 August_, 2018 Pane 2 of 2 We hope that you will find this offer acceptable and representative of just compensation and look forward to working with you to finalize this purchase. As the City's authorized representative, I would be happy to work with you and assist in finalizing an agreement in any way I can. If you have any questions regarding this offer, please contact me at (866) 585-1330. I look forward to your response. Sincerely, Gio Morales Right of Way Agent California Real Estate License #01492928 Enclosures: Valuation Summary Statement Agreement for TCE Waiver Valuation Pamphlet "When a Public Agency Acquires Your Property" Title VI Form cc w encl: Hunter Young, P.E. - City of San Rafael: hunter.young_na cityofsanrafael.org Dan Blomquist, P.E.- Mark Thomas: dblomquist@markthomas.com Julie Passalacqua, P.E.- Mark Thomas: dblomquist@markthomas.com Page 1 of 4 AP# 012-282-17 VALUATION SUMMARY STATEMENT I BASIC DATA PROJECT: ASSESSOR'S PARCEL NO. (AP#): OWNER: PROPERTY LOCATION: APPLICABLE ZONING: CURRENT USE OF SUBJECT PROPERTY HIGHEST AND BEST USE OF SUBJECT PROPERTY: DATE OF VALUATION: TOTAL PROPERTY AREA: PROPERTY TO BE ACQUIRED: Temporary Construction Easement: IMPROVEMENTS TO BE ACQUIRED BASIS OF VALUATION City of San Rafael — Southern Heights Boulevard Bridge Replacement Project 012-282-17 10 Meyer Road, San Rafael, California Rla-H — Low Density Single Family Residential Single Family Residential Present 3'28/18 inspection; updated comps 7/10/18 2.69 acres ALL [ 600 sq. ft. None PART [ X ] The market value for the property to be acquired is based upon a valuation done by a right of way agent, which was prepared in accordance with accepted valuation principles and procedures. Recent sales of comparable properties, income data, and depreciated replacement costs are utilized as appropriate. Full consideration is given to zoning, development potential, and the income that the subject property is capable of producing. There are three approaches to value: 1. The Market Approach for the subject property is based on the consideration of comparable sales which sold within a reasonable time prior to the date of valuation, at a range of $2.69 to $35.14 per square foot. The principal transactions used as comparable sales relied upon as the basis for supporting the determination of value are attached to this Valuation Summary Statement. 2. The Cost Approach is based in part on a replacement cost new of improvements, less depreciation. This approach was not utilized in this analysis since no structural improvements will be affected. 3. The Income Approach is based upon consideration of the income producing potential of the property. This approach was not utilized in this valuation process as it was deemed inapplicable to this specific case. Page 2 of 4 AP# 012-282-17 VALUATION Temporary Construction Easement: 600 sq. ft. @ $2.56 per sq. ft. x 10% per annum x 2 years = $308 Improvements: None Severance Damages: None Benefits: None Total Land Value: $ 308 Total Improvement Value: $ 0 Total Net llamagesBenefits: $ 0 $ 308 Total Just Compensation for this Acquisition: Nominal $1,000 ONE THOUSAND DOLLARS ($1,000) This summary of the basis of the amount offered as just compensation is presented in compliance with federal and state law and has been derived from a valuation prepared by a right of way agent, which includes supporting sales data and other documentation. City of San Rafael Approved for Purchase Offer and Acquisition: By: _ Date: Ji Sch tz Cit anager Att: Comparable Sale List Legal Descriptions and Plats of Property Rights to be Acquired Page 3 of 4 AP# 012-282-17 SUMMARY STATEMENT RELATING TO PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN Project: City of San Rafael — Southern Heights Boulevard Bridge Replacement AP#: 012-282-17 ( The City of San Rafael is proposing to replace the Southern Heights Boulevard Bridge. Your property, located at 10 Meyer Road, San Rafael, is within the project area and identified by your County Assessor as Parcel Number 012-282-17. Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the California Relocation Assistance and Real Property Acquisition Guidelines requires that each owner from whom the City purchases real property or an interest therein or each tenant owning improvements on said property be provided with a summary of the appraisal of the real property or interest therein, as well as the following information: 1. You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 2. The City will offer to purchase any remnant(s) considered by the City to be an uneconomic unit(s) which is/(are) owned by you or, if applicable, occupied by you as a tenant and which is/(are) contiguous to the land being conveyed. 3. All buildings, structures, and other improvements affixed to the land described in the referenced document(s) covering this transaction and owned by the grantor(s) herein or, if applicable, owned by you as a tenant, are being conveyed unless other disposition of these improvements has been made. The interests being acquired include 600 square feet of temporary construction easement as described in the attached Agreement. 4. The market value of the property being purchased is based upon a market valuation which is summarized on the attached Valuation Summary Statement and such amount: a. Represents the full amount of the valuation of just compensation for the property to be purchased; b. Is not less than the approved valuation of the fair market value of the property as improved; C. Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the public improvement for which the property is being acquired or by the likelihood that the property would be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and d. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the City. Paae 4 of 4 AP# 012-282-17 5. Pursuant to Civil Code of Procedure Section 1263.025, should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs of such an appraisal up to a maximum of $5,000 subject to the following conditions: a. You, not the City, must order the appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to your contract with an appraiser. b. The selected appraiser must be licensed with the California Office of Real Estate Appraisers (OREA). It is also recommended that such appraiser be experienced and qualified in the appraisal of easements if this offer is to purchase easements rather than the fee interest in your property. c. Within 30 days of your receipt of this offer, you must notify the City of your intent to obtain an independent appraisal. d. Appraisal cost reimbursement requests must be made in writing, and submitted to the City within 30 days of your receipt of the independent appraisal and no later than 120 days of your receipt of this offer. Copies of the contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concurrent with submission of the appraisal cost reimbursement request. The appraisal costs must be reasonable and justifiable. No person in the United States of America shall, on the grounds of race, color, national origin, sex, age, or disability be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination under any City programs or activities. If federal funding is being utilized in the project for which your property is being sought, notice is hereby provided that it is the policy of the City to assure full compliance with Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, and related statutes and regulations, in all programs and activities undertaken by the City. Any person who believes they have been subjected to unlawful discriminatory practice under Title VI has a right to file a formal complaint with the City. 7. The owner of a business conducted on a property to be acquired, or conducted on the remaining property which will be affected by the purchase of the required property, may be entitled to compensation for the loss of goodwill. Entitlement is contingent upon the business owners' ability to prove such loss in accordance with the provisions of Section 1263.510 and 1263.520 of the Code of Civil Procedure. 8. If you ultimately elect to reject this offer for the purchase of your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. Rev 6-2012 Comparable Sale Summary SEMPLE APPRAISALS, INC. Page 32 Address/AP# Land Sale Sale Description Area Date Price 1 Spring St. 7,471 s.f. 6/17 $170,000 Avg. 13.24% slope San Rafael Flag lot 5,700 sf usable AP4013-134-44 2 22 Leona Dr. 21,837 s.f. 4/17 $279,000 Avg. 44.51% slope San Rafael Finished lot AP# 180-251-04 3 94 Via Navarro Ave. 111,248 s.f. 2/18 $300,000 Avg. 63.64% slope Greenbrae 2.55 acres REO sale AP4070-331-20 4 Sonora Way 41,304 s.f. 6/18 $300,000 Avg. 38.05% slope Corte Madera AP4026-143-13 10/17 $160,000 5 Greenwood Ave. 135,471 s.f. 1/17 $399,000 Avg. 44.98%-45.82% San Rafael 3.11 acres slope AP4012-320-09, 10 Sold for open space 2 lots — bay views 6 Sea Way 16,501 s.f. 4/18 $580,000 Avg. 2% slope San Rafael Near bay, view Mt. Tam AP4009-041-03 4/15 $425,000 SEMPLE APPRAISALS, INC. Page 32 EXHIBIT "A" APN 012-282-17 All that real property situate in the City of San Rafael, County of Marin, State of California, being a portion of the property described in the Grant Deed to DON and his wife, as community property, recorded December 24,1987 in Book 1987 at Page 0081345, Official Record of Marin County, more particularly described as: Beginning at the northeast corner of said Grant Deed, also being the southeast corner of Lot 9 as shown on that MAP OF PICOLO VALLE recorded December 15, 1878, in BOOK 17 of MAPS at PAGE 71, Official Records of Marin County, thence along the west right of way line of Southern Heights Boulevard, South 12°11'25" East, 30.00 feet; thence leaving said right of way line, South 79°55'34" West, 20.01 feet; thence North 12°11'25" West, 30.00 feet to the north line of said Grant Deed, also being the south line of said Lot 9; thence along said north line North 79°55'35" East, 20.01 feet to the Point of Beginning. Containing 600 square feet or 0.01 acres, more or less. Bearings and distances shown are based on the California Coordinate System 1983 (2011), Epoch 2010.00, Zone 3. Divide distances shown by .99993 to obtain ground level distances. This real property description has been prepared at Mark Thomas, by me, or under my direction, in conformance with the Professional Land Surveyors Act. SAMUEL R. MCINTYRE LS. 9313 LAND v SAMUEL R. MCINTYRE * No. 9313 \\OF CAL�F�¢/ j un e. 4 , zDi8 Date LEGEND O.R. OFFICIAL RECORDS COUNTY OF MARIN POB POINT OF BEGINNING 1 TCE TEMPORARY CONSTRUCTION EASEMENT 1 o DIMENSION POINT 1 ( ) RECORD DATA LOT 7 1 ® TCE AREA EXISTING RIGHT OF WAY PROPERTY LINE 1 -- TCE BOUNDARY J 0 20 40 80 Feet SCALE 1"=40' REFERENCES — — 1 (1) BOOK 13 OF SURVEYS 1 (2) BOOK 17 OF MAPS 75 PLEASANT LANE 1 AT PAGE 71 APIC- 012-282-J70ac 1 (3) BOOK 20 OF SURVEYS 2014-0024764 20.00' AT PAGE 14 LOTR LINE TABLE L1 N79 5535'E 20.01 L2 N12'1125"W 30.00' L3 S79 5534 "W 20.01 L4 S12'11 '25'E 30.00' LAND O� SGF� SAMUEL R. MCINTYRE I POB 90 PLEASANT LANE NORTHEAST CORNER ,\ APN. 011-181-40 DOC.87-81345 1 Doc 1001-00609 ALSO BEING THE LOl9 SOUTHEAST CORNER 1 OF LOT 9 PER (2)� SOUTH LINE OF LOT 9 1 PER BOOK 17 OF MAPS AT PAGE 71 m r 0 116 5X711RV M011S BL IP APIC- 013-132-01 Doc 1014-0047268 0.510c L 20.0 2_�� L4 TCE L3 PARCEL 1 10YIUROAD 6DO sf AW- 012-182-17 0.01 ac * * Dac 87-8/345 J'J No. 9313 166 x qlF OF EASTERLY LINE PER BOOK O 87-81345 O.R. J."c 1412018 BEARINGS AND DISTANCES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983 (2011), EPOCH 2010.00, ZONE 3. DIVIDE DISTANCES SHOWN BY 0.99993 TO OBTAIN GROUND LEVEL DISTANCES. EXHIBIT B APIC013-12-0 U Temporary ■ ■ Construction Easement MARK THOMASq' Parcel #1 SAN RAFAEL Scale: 1" = 40' APN 012-282-17 THE CITY WITH AMISSION Date June 2018 In the City of San Rafael Drown By MSW Checked By SRM Marin County, California PARCEL NO.: 012-282-17 PROJECT: Southern Heights Boulevard. Bridge Replacement OWNER: TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS AGREEMENT is made and entered into by and between as community property (hereinafter called "Grantor"), and The City of San Rafael, a California municipal corporation (hereinafter called "City"), By way of this Agreement, Grantor grants to the City temporary construction easement rights for the purposes of facilitating bridge reconstruction, public street improvements and related purposes, in, on, over, under, through, along, and across that specific portion of Grantor's property located in the County of Merin, State of California, particularly described and depicted in Exhibits "A" and "B" attached hereto (the Temporary Construction Easement Area"). In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for the temporary construction easement rights granted herein and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. City requires said temporary construction easement rights for bridge and road reconstruction purposes, a public use for which the City may exercise the power of eminent domain. Grantor is compelled to temporarily grant these rights, and the City is compelled to temporarily use these property rights. 3. Both Grantor and City recognize the expense, time, effort, and risk to both Grantor and City in determining the compensation for the temporary property rights by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation. 4. The City shall: (A) Pay the undersigned Grantor the sum of $1,000 as consideration in full for the temporary construction easement rights conveyed, for the loss, replacement and moving of any improvements, and for entering into this Agreement. Said sum shall be paid within thirty days of the date of City acceptance and execution of this Agreement. APN: 012-282-17 City of San Rafael/ Agreement - TCE 8/17/18 Page I of It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Agreement, the right of possession and use of the Temporary Construction Easement Area by the City, including the right to remove and dispose of improvements, shall commence on 10-31-2018 and terminate on 10-31-2020. Grantor shall have use of the Temporary Construction Easement Area until City takes physical possession. In case of unpredictable delays in construction, upon written notification, the term of this temporary construction easement may be extended by an amendment to this Temporary Construction Easement Agreement. In such case, Grantor shall be compensated based on the fair market value at the time of the extension. Payment shall be made to Grantor for the extension prior to the expiration of the original period. The City shall notify the Grantor at telephone number ( 72 hours prior to the commencement of actual construction or by 10 days written notice, first class mail, delivery deemed completed on date of mailing. 6. Grantor warrants that they are the owner in fee simple of the property upon which the Temporary Construction Easement Area is located, and that they have the exclusive right to grant use of the Temporary Construction Easement Area. 7. Grantor warrants that there are no oral or written leases on all or any portion of the property to be encumbered with this temporary construction easement and Grantor further agrees to hold City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor. 8. In consideration of the City waiving the defects and imperfections in all matters of record title, Grantor covenants and agrees to indemnify and hold the City harmless from any and all claims that other parties may make or assert on the title to the premises. Grantor's obligation herein to indemnify the City shall not exceed the amount paid to Grantor under this contract. 9. City agrees to indemnify and holds harmless Grantor from any liability arising out of City operations under this Agreement. City further agrees to assume responsibility for any damages proximately caused by reason of City operations under this Agreement and City will, at its option, either repair or pay for such damage. 10. All work done under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner. All improvements shall be left in as good condition as found. 11. At no expense to the Grantor and at the time of construction, the City shall generally restore Grantor's property to a comparable or better condition as that which existed prior to the City's project construction, to the extent reasonably practical. Said restoration shall include the replacement of trees in accordance with project requirements in addition to fencing, landscaping, and/or irrigation lines, if affected. Grantor understands and agrees that after completion of construction, all fencing if any and improvements on Grantor's property will remain the sole property of Grantor and Grantor will be solely responsible for the maintenance and repair of such improvements. APN: 012-282-17 8/17/18 Page 2 of City of San Rafael/ Agreement - TCE 12. Permission is hereby granted City or its authorized agent to enter upon the Temporary Construction Easement Area for the purpose of facilitating bridge reconstruction, public street improvements and related purposes, and for completing the construction contract work described in Clause 11 of this Agreement. 13. Grantor hereby represents and warrants that during the period of Grantor's ownership of the property there have been no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the property. Grantor further represents and warrant that Grantor has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous wastes, on, from, or under the property which may have occurred prior to Grantor taking title to the property. The payment being made in this transaction reflects the fair -market value of the property without the presence of contamination. If the Temporary Construction Easement Area is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the City may elect to recover its clean-up costs from those who caused or contributed to the contamination. 14. Grantor agrees to provide all required supplemental forms necessary to complete this transaction, including a W-9 Form required for payment processing. 15. This Agreement may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and delivery be deemed an original, and all such counterparts together shall constitute one and the same document. 16. This Agreement is subject to and conditioned upon approval and ratification by the City's Council. This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity. 17. This Agreement shall be binding upon and inure to the benefit of the heirs, devisees, executors, administrators, legal representatives, successors and assigns of the Grantor. 18. The Grantor agrees to fully disclose the existence of the Temporary Construction Easement and the City's project to any and all potential buyers in the event the Grantor should choose to sell the above described parcel during the term of the easement or after the acceptance of this Agreement. APN: 012-282-17 City of San Rafael/ Agreement - TCE 8/17/18 Page 3of4 In Witness Whereof, the Parties have executed this agreement the day and year first above written. GRANTOR: as community property GRANTOR'S MAILING ADDRESS: CITY OF SAN RAFAEL By: Jim Schutz City Manager ATTEST: By: — Lindsay Lara City Clerk APPROVED AS TO FORM: Date: Date: Date: Date: By: Date: Robert F. Epstein City Attorney CITY'S MAILING ADDRESS: City of San Rafael Department of Public Works 111 Morphew Street San Rafael, CA 94901 No Obligation Other Than Those Set Forth Herein Will Be Recognized APN: 012-282-17 City of San Rafael/ HJA Agreement - TCE 8/17/18 Page 4of4 EXHIBIT "A" APN 012-282-17 All that real property situate in the City of San Rafael, County of Marin, State of California, being a portion of the property described in the Grant Deed to DON his wife, as community property, recorded December 24,1987 in Book 1987 at Page 0081345, Official Record of Marin County, more particularly described as: Beginning at the northeast corner of said Grant Deed, also being the southeast corner of Lot 9 as shown on that MAP OF PICOLO VALLE recorded December 15, 1878, in BOOK 17 of MAPS at PAGE 71, Official Records of Marin County, thence along the west right of way line of Southern Heights Boulevard, South 12°11'25" East, 30.00 feet; thence leaving said right of way line, South 79°55'34" West, 20.01 feet; thence North 12°11'25" West, 30.00 feet to the north line of said Grant Deed, also being the south line of said Lot 9; thence along said north line North 79°55'35" East, 20.01 feet to the Point of Beginning. Containing 600 square feet or 0.01 acres, more or less. Bearings and distances shown are based on the California Coordinate System 1983 (2011), Epoch 2010.00, Zone 3. Divide distances shown by .99993 to obtain ground level distances. This real property description has been prepared at Mark Thomas, by me, or under my direction, in conformance with the Professional Land Surveyors Act. 5�Q 'LAND SU� SAMUEL R. MCINTYRE * No. 9313 4 SAMUEL R. MCINTYRE LS. 9313 J un P- N- , Z018 Date LEGEND O.R. OFFICIAL RECORDS COUNTY OF MARIN POB POINT OF BEGINNING TCE TEMPORARY CONSTRUCTION EASEMENT o DIMENSION POINT ( ) RECORD DATA LOT 7 ® TCE AREA EXISTING RIGHT OF WAY PROPERTY LINE -- TCE BOUNDARY J REFERENCES 0 20 40 80 Feet 1 SCALE 1"=40' (A 0 c M z 122 (1) BOOK 13 OF SURVEYS � AT PAGE 71 75 PYEASANT LANE 1 APA." 012-282-J7 he (3) BOOK 20 OF SURVEYS 2014-0024764 20;p0' AT PAGE 14 LOT 8 LINE TABLE Ll N79 5535 "E 20.01' L2 N12'11'25"W 30.00' L3 57955'34"W 20.01 L4 S12'11'25"E 30.00' rLAND sG�G�s- SAMUEL R. MCINTYRE s�9�No. C A`3�o T LANENORTHEAST CORNOER� APN. 011-282-40 DOC.87-81345 ,� \ Ax 2001-00609 ALSO BEING THE 1 1019 SOUTHEAST CORNER OF LOT 9 PER (2) SOUTH LINE OF LOT 9 PER BOOK 17 OF MAPS AT PAGE 71 20.p0: n 101IEU ROAD APA! 012-182-17 Doc 87-81145 2.66 0c TCE — PARCEL 1 600 sf 0.01 ac 116 SMYONY99175 &!9 AN OU -12--01 Doc 2014-0047268 0.510c L L3 4 APN01,-1J2-00.1 ` EASTERLY LINE PER BOOK-/ 87-81345 O.R. 1 JVnQ� �`�'i201g BEARINGS AND DISTANCES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983 (2011), EPOCH 2010.00, ZONE 3. DIVIDE DISTANCES SHOWN BY 0.99993 TO OBTAIN GROUND LEVEL DISTANCES. EXHIBIT B U Temporary ■ ■ Construction Easement MARKTHOMAS Parcel #1 °` SAN RAFAEL Scale: 1" = 40' APN 012-282-17 THE CITY WITH A MISSION Date June 2018 In the City of San Rafael Drawn By MSW Marin County, California Checked By SRM HAMNER, JEWELL & ASSOCIATES H AMNER Government Real Estate Services Right of Way Acquisition Relocation Assistance — Real Property Consulting JEWELL Offices in Ventura, San Luis Obispo and Fresno Counties Writer's Telephone Number. (559) 412-8710 AssociATEs Writer's email address: gmorales(a) ham ner-iewell.com August , 2018 Personally Delivered [Certified mail if cannot be personally delivered] Subject: City of San Rafael -- Southern Heights Boulevard Bridge Replacement Project Acq. AN 013-132-01 ( Dear This is to formally present you with an offer on behalf of the City of Rafael to purchase a temporary construction easement on your property located at 116 Southern Heights, San Rafael, California. As you are aware, purchase by the City is necessary in conjunction with the proposed Southem Heights Boulevard Bridge Replacement Project. To ensure that fair market value is offered to you for the purchase of this easement, a waiver valuation has been prepared. That valuation has taken into consideration the highest and best use of the affected property, the size of the land, any improvement located thereon, and all other factors that affect fair market value. On the attached Valuation Summary Statement, the total compensation figure of $3,900 represents the fair market value of the easement, as established by this recent independent valuation, and is the amount of the City's offer to you for the purchase of this easement. Your ongoing cooperation for access to the property for these inspections and assessments is appreciated. These inspections will be conducted at the City's expense. The City hereby offers to purchase the easement for the full amount offered, subject to you conveying the easement to City free and clear of all liens and encumbrances other than public utility easements and public rights of way. The City would pay all usual and necessary escrow, title, transfer, and recording fees associated with this purchase. Corporate and San Luis Obispo County Office 530 Paulding Circle, Suite A, Arroyo Grande, CA 93420 (805) 773-1459 Ventura County Office 4476 Market Street, Suite 601, Ventura, CA 93003 (805) 658-8841 Central Valley Office 6051 N. Fresno Street, Suite 106, Fresno, CA 93710 (559) 412-8710 August_, 2018 Paae 2 of 2 We hope that you will find this offer acceptable and representative of just compensation and look forward to working with you to finalize this purchase. As the City's authorized representative, I would be happy to work with you and assist in finalizing an agreement in any way I can. If you have any questions regarding this offer, please contact me at (866) 585-1330. I look forward to your response. Sincerely, Gio Morales Right of Way Agent California Real Estate License #01492928 Enclosures: Valuation Summary Statement Agreement for TCE Waiver Valuation Pamphlet "When a Public Agency Acquires Your Property" Title VI Form cc w!encl: Hunter Young, P.E. - City of San Rafael: hunter.young_a,cityofsanrafae1.org Dan Blomquist, P.E.- Mark Thomas: dblomquistgmarkthomas.com Julie Passalacqua, P.E.- Mark Thomas: dblomquist@markthomas.com Page 1 of 4 AP# 013-132-01 VALUATION SUMMARY STATEMENT BASIC DATA PROJECT: ASSESSOR'S PARCEL NO. (AP#): OWNER: PROPERTY LOCATION: APPLICABLE ZONING: CURRENT USE OF SUBJECT PROPERTY HIGHEST AND BEST USE OF SUBJECT PROPERTY: DATE OF VALUATION: TOTAL PROPERTY AREA: PROPERTY TO BE ACQUIRED: Temporary Construction Easement: IMPROVEMENTS TO BE ACQUIRED: BASIS OF VALUATION City of San Rafael — Southern Heights Boulevard Bridge Replacement Project 013-132-01 116 Southern Heights, San Rafael, California R-20 Low Density Single Family Residential Single Family Residential Present 3/28/18 inspection; updated comps 7/10!18 1,821 square feet ALL [ ] PART [ X ] 1,821 sq. ft. None The market value for the property to be acquired is based upon a valuation done by a right of way agent, which was prepared in accordance with accepted valuation principles and procedures. Recent sales of comparable properties, income data, and depreciated replacement costs are utilized as, appropriate. Full consideration is given to zoning, development potential, and the income that the subject property is capable of producing. There are three approaches to value: The Market Approach for the subject property is based on the consideration of comparable sales which sold within a reasonable time prior to the date of valuation, at a range of $2.69 to $35.14 per square foot. The principal transactions used as comparable sales relied upon as the basis for supporting the determination of value are attached to this Valuation Summary Statement. The Cost Approach is based in part on a replacement cost new of improvements, less depreciation. This approach was not utilized in this analysis since no structural improvements will be affected. The Income Approach is based upon consideration of the income producing potential of the property. This approach was not utilized in this valuation process as it was deemed inapplicable to this specific case. Page 2 of 4 AP# 013-132-01 VALUATION Temporary Construction Easement: 1,821 sq. ft. @ $12.92 per sq. ft. x 10% per annum x 2 years = $3,860 Improvements: None Total Land Value: $3,860 Total Improvement Value: $ 0 Construction Contract Work: The City's contract will match the driveway approach to the grade of the new street and bridge elevation, resurface the entire asphalt driveway and reestablish the existing 3 -slate wooden bridge fence. If other landscaping impacts occur, contractor will replace in kind. Severance Damages: None Benefits: None Total Net Damages/Benefits: $ 0 $3,860 Total Just Compensation for this Acquisition: Rounded $3,900 THREE THOUSAND NINE HUNDRED DOLLARS ($3,900) This summary of the basis of the amount offered as just compensation is presented in compliance with federal and state law and has been derived from a valuation prepared by a right of way agent, which includes supporting sales data and other documentation. City of San Rafael Approved for Purchase Offer and Acquisition: By: _ Date: Ji S utz --- ---- Cit anager Att: Comparable Sale List Legal Descriptions and Plats of Property Rights to be Acquired Page 3 of 4 AP# 013-132-01 SUMMARY STATEMENT RELATING TO PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN Project: City of San Rafael — Southern Heights Boulevard Bridge Replacement AP#: 013-132-01 ( The City of San Rafael is proposing to replace the Southern Heights Boulevard Bridge. Your property, located at 116 Southern Heights Boulevard, San Rafael, is within the project area and identified by your County Assessor as Parcel Number 013-132-01. Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the California Relocation Assistance and Real Property Acquisition Guidelines requires that each owner from whom the City purchases real property or an interest therein or each tenant owning improvements on said property be provided with a summary of the appraisal of the real property or interest therein, as well as the following information: 1. You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 2. The City will offer to purchase any remnant(s) considered by the City to be an uneconomic unit(s) which is/(are) owned by you or, if applicable, occupied by you as a tenant and which is/'(are) contiguous to the land being conveyed. 3. All buildings, structures, and other improvements affixed to the land described in the referenced document(s) covering this transaction and owned by the grantor(s) herein or, if applicable, owned by you as a tenant, are being conveyed unless other disposition of these improvements has been made. The interests being acquired include 1,821 square feet of temporary construction easement as described in the attached Agreement. 4. The market value of the property being purchased is based upon a market valuation which is summarized on the attached Valuation Summary Statement and such amount: a. Represents the full amount of the valuation of just compensation for the property to be purchased; b. Is not less than the approved valuation of the fair market value of the property as improved; Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the public improvement for which the property is being acquired or by the likelihood that the property would be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and d. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the City. Page 4 of 4 AP# 013-132-01 5. Pursuant to Civil Code of Procedure Section 1263.025, should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs of such an appraisal up to a maximum of $5,000 subject to the following conditions: a. You, not the City, must order the appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to your contract with an appraiser. b. The selected appraiser must be licensed with the California Office of Real Estate Appraisers (OREA). It is also recommended that such appraiser be experienced and qualified in the appraisal of easements if this offer is to purchase easements rather than the fee interest in your property. c. Within 30 days of your receipt of this offer, you must notify the City of your intent to obtain an independent appraisal. d. Appraisal cost reimbursement requests must be made in writing, and submitted to the City within 30 days of your receipt of the independent appraisal and no later than 120 days of your receipt of this offer. Copies of the contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concurrent with submission of the appraisal cost reimbursement request. The appraisal costs must be reasonable and justifiable. 6. No person in the United States of America shall, on the grounds of race, color, national origin, sex, age, or disability be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination under any City programs or activities. If federal funding is being utilized in the project for which your property is being sought, notice is hereby provided that it is the policy of the City to assure frill compliance with Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, and related statutes and regulations, in all programs and activities undertaken by the City. Any person who believes they have been subjected to unlawful discriminatory practice under Title VI has a right to file a formal complaint with the City. 7. The owner of a business conducted on a property to be acquired, or conducted on the remaining property which will be affected by the purchase of the required property, may be entitled to compensation for the loss of goodwill. Entitlement is contingent upon the business owners' ability to prove such loss in accordance with the provisions of Section 1263.510 and 1263.520 of the Code of Civil Procedure. 8. If you ultimately elect to reject this offer for the purchase of your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. Rev 6-2012 Comparable Sale Summary SEMPLE APPRAISALS, INC. Page 32 Address/AP# Land Sale Sale Description Area Date Price I Spring St. 7,471 s.f. 6/17 $170,000 Avg. 13.24% slope San Rafael Flag lot 5,700 sf usable AP4013-134-44 2 22 Leona Dr. 21,837 s.f. 4/17 $279,000 Avg. 44.51% slope San Rafael Finished lot AP# 180-251-04 3 94 Via Navarro Ave. 111,248 s.f. 2/18 $300,000 Avg. 63.64% slope Greenbrae 2.55 acres REO sale AP4070-331-20 4 Sonora Way 41,304 s.f. 6/ 18 $300,000 Avg. 38.05% slope Corte Madera AP4026-143-13 10/17 $160,000 5 Greenwood Ave. 135,471 s.f. 1/17 $399,000 Avg. 44.98°/x-45.82% San Rafael 3.11 acres slope AP4012-320-091 10 Sold for open space 2 lots — bay views 6 Sea Way 16,501 s.f. 4./18 $580,000 Avg. 2% slope San Rafael Near bay, view Mt. Tam AP4009-041-03 4/15 $425,000 SEMPLE APPRAISALS, INC. Page 32 4affil-ts "21 APN 013-132-01 All that real property situate in the City of San Rafael, County of Marin, State of California, being a portion of the property described in the GRANT DEED to Julie dated October 22, 2014, recorded November 13, 2014 in Book 2014 at Page 0047268, Official Record of Marin County, more particularly described as: Beginning at a 1/2" Rebar with plastic cap stamped "RCE 15945" at the northwest corner of said GRANT DEED in lieu of a 3/4" iron pipe & tag "RCE 15945" as shown on that RECORD OF SURVEY recorded March 5,1985 in BOOK 20 OF Surveys AT PAGE 14, Official Records of Marin County, thence along the north line of said GRANT DEED also being the southerly line of the property described in the GRANT DEED to Arthur W. Feidler IV, an unmarried man, in Book 2013 at page 041588, North 47°27'45" East, 11.60 feet; thence South 12°06'03" East, 34.35 feet; thence North 77°50'00" East, 10.00 feet; thence South 12°06'15" East, 13.72 feet; thence North 77°53'45" East, 20.00 feet; thence South 12°06'15" East, 9.78 feet; thence South 32°53'45" West, 42.43 feet; thence South 12°06'15" East, 8.25 feet to a point on the south line of said GRANT DEED recorded November 13, 2014 in Book 2014 at page 0047268; thence along said south line South 67°56'45" West, 10.15 feet to the east right of way of Southern Heights Boulevard marked by 3/4" iron pipe & tag "RCE 15945" as shown on said RECORD OF SURVEY; thence leaving said south line, along said east right of way North 12°06'15" West, 91.97 feet to the Point of Beginning; Containing 1,821 square feet or 0.04 acres, more or less. Bearings and distances shown are based on the California Coordinate System 1983 (2011), Epoch 2010.00, Zone 3. Divide distances shown by 0.99993 to obtain ground level distances. This real property description has been prepared at Mark Thomas, by me, or under my direction, in conformance with the Professional Land Surveyors Act. SND gV.9 SAMUEL R. MCINTYRE * No. 9313 Lo �Q SAMb-6 R. MCINTYRE LS. 9313 IV>!o OF CALIF// jurp- lq' 2ote Date LEGEND 0. R. OFFICIAL RECORDS COUNTY OF MARIN POB POINT OF BEGINNING TICE TEMPORARY CONSTRUCTION EASEMENT 0 FOUND MONUMENT AS NOTED o DIMENSION POINT ( ) RECORD DATA ® TICE AREA EXISTING RIGHT OF WAY PROPERTY LINE --- TICE BOUNDARY 20.00 111 SOWYNN 0975 BLVD 1 AR 01J-124-07 1 Doc 2013-079114 7 1 1 1 BEARINGS AND DISTANCES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983 (2011), EPOCH 2010.00, ZONE 3. DIVIDE DISTANCES SHOWN BY 0.99993 TO OBTAIN GROUND LEVEL DISTANCES. L2 LINE TABLE Ll N47 27'45 "E 11.60' L2 POB L3 S12 06'15"E 13.72' FOUND 1/2" REBAR WITH N77 53'45 "E 20.00' L5 PLASTIC CAP STAMPED RCE L6 S12 06'15"E 8.25' 15945 IN LIEU OF 3/4" TCE IRON PIPE & TAG RCE PARCEL 7 REFERENCES 15945. PER (3) 1821 sf 0.04 ac (1) BOOK 13 OF SURVEYS AT PAGE 16 (2) BOOK 17 OF MAPS z AT PAGE 71 Z. N (3) BOOK 20 OF SURVEYS o U AT PAGE 14rn S�� � 75 PLEASANT LANE rr, 1'1� t° SAMUEL R. APN 012-282-31 = v MCINTYRE cn LP. No. 9313 qlF OF C p \F�� FOUND 3/4" IRON PIPE ANDS TAG RCE 15945 PER (3) BEARINGS AND DISTANCES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983 (2011), EPOCH 2010.00, ZONE 3. DIVIDE DISTANCES SHOWN BY 0.99993 TO OBTAIN GROUND LEVEL DISTANCES. L2 LINE TABLE Ll N47 27'45 "E 11.60' L2 N7750'00"E 10.00' L3 S12 06'15"E 13.72' L 4 N77 53'45 "E 20.00' L5 S12 06'15"E 9.78' L6 S12 06'15"E 8.25' L7 S67 5645"W 10.15' 116 SMION 1601115 BLVD APIC• 013-131-01 Doc 2014-017068 0.51 ac 4 TZlI�aQ, r rn T 108 SOYM&N L� HSOVIS 8bv \ APIC• 013-131-0 0 10 20 40 Feet SCALE 1" = 20' EXHIBIT B U Temporary ■ ■ Construction Easement MARK THOMAS Parcel #7 ��° SAN RAFAEL Scale: 1" = 20' APN 013-132-01 THE CITY WITH A MISSION Date June 2018 In the City of San Rafael Drawn By MSW Checked By SRM Marin County, California PARCEL NO.: 013-132-01 PROJECT: Southern Heights Boulevard. Bridge Replacement OWNER: TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS AGREEMENT is made and entered into by and between dated October 22, 2014 (hereinafter called "Grantor"), and The City of San Rafael, a California municipal corporation (hereinafter called "City"), By way of this Agreement, Grantor grants to the City temporary construction easement rights for the purposes of facilitating bridge reconstruction, public street improvements and related purposes, in, on, over, under, through, along, and across that specific portion of Grantor's property located in the County of Merin, State of California, particularly described and depicted in Exhibits "A" and "B" attached hereto (the Temporary Construction Easement Area"). In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for the temporary construction easement rights granted herein and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. City requires said temporary construction easement rights for bridge and road reconstruction purposes, a public use for which the City may exercise the power of eminent domain. Grantor is compelled to temporarily grant these rights, and the City is compelled to temporarily use these property rights. 3. Both Grantor and City recognize the expense, time, effort, and risk to both Grantor and City in determining the compensation for the temporary property rights by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation. 4. The City shall: (A) Pay the undersigned Grantor the sum of $3,900 as consideration in full for the temporary construction easement rights conveyed, for the loss, replacement and moving of any improvements, and for entering into this Agreement. Said sum shall be paid within thirty days of the date of City acceptance and execution of this Agreement. APN: 013-132-01 City of San Rafael/ HJA Agreement - TCG 8/17/2018 Page I of 5. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Agreement, the right of possession and use of the Temporary Construction Easement Area by the City, including the right to remove and dispose of improvements, shall commence on 10-31-2018 and terminate on 10-31-2020. Grantor shall have use of the Temporary Construction Easement Area until City takes physical possession. In case of unpredictable delays in construction, upon written notification, the term of this temporary construction easement may be extended by an amendment to this Temporary Construction Easement Agreement. In such case, Grantor shall be compensated based on the fair market value at the time of the extension. Payment shall be made to Grantor for the extension prior to the expiration of the original period. The City shall notify the Grantor at telephone number ( 72 hours prior to the commencement of actual construction or by 10 days written notice, first class mail, delivery deemed completed on date of mailing. 6. Grantor warrants that they are the owner in fee simple of the property upon which the Temporary Construction Easement Area is located, and that they have the exclusive right to grant use of the Temporary Construction Easement Area. 7. Grantor warrants that there are no oral or written leases on all or any portion of the property to be encumbered with this temporary construction easement and Grantor further agrees to hold City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor. 8. In consideration of the City waiving the defects and imperfections in all matters of record title, Grantor covenants and agrees to indemnify and hold the City harmless from any and all claims that other parties may make or assert on the title to the premises. Grantor's obligation herein to indemnify the City shall not exceed the amount paid to Grantor under this contract. 9. City agrees to indemnify and holds harmless Grantor from any liability arising out of City operations under this Agreement. City further agrees to assume responsibility for any damages proximately caused by reason of City operations under this Agreement and City will, at its option, either repair or pay for such damage. 10. All work done under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner. All improvements shall be left in as good condition as found. 11. At no expense to the Grantor and at the time of construction, the City shall generally restore Grantor's property to a comparable or better condition as that which existed prior to the City's project construction, to the extent reasonably practical. The asphalt paved driveway, 3 -slate wooden bridge fence, landscaping and/or irrigation lines are to be protected in place during construction, but shall be restored, if affected. Grantor understands and agrees that after completion of construction, all fencing if any and improvements on Grantor's property will remain the sole property of Grantor and Grantor will be solely responsible for the maintenance and repair of such improvements. APN: 013-132-01 City of San Rafael/ HJA Agreement - TCE 8/1 Page 2 of 4 12. Permission is hereby granted City or its authorized agent to enter upon the Temporary Construction Easement Area for the purpose of facilitating bridge reconstruction, public street improvements and related purposes, and for completing the construction contract work described in Clause 11 of this Agreement. 13. Grantor hereby represents and warrants that during the period of Grantor's ownership of the property there have been no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the property. Grantor further represents and warrant that Grantor has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous wastes, on, from, or under the property which may have occurred prior to Grantor taking title to the property. The payment being made in this transaction reflects the fair -market value of the property without the presence of contamination. If the Temporary Construction Easement Area is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the City may elect to recover its clean-up costs from those who caused or contributed to the contamination. 14. Grantor agrees to provide all required supplemental forms necessary to complete this transaction, including a W-9 Form required for payment processing. 15. This Agreement may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and delivery be deemed an original, and all such counterparts together shall constitute one and the same document. 16. This Agreement is subject to and conditioned upon approval and ratification by the City's Council. This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity. 17. This Agreement shall be binding upon and inure to the benefit of the heirs, devisees, executors, administrators, legal representatives, successors and assigns of the Grantor. 18. The Grantor agrees to fully disclose the existence of the Temporary Construction Easement and the City's project to any and all potential buyers in the event the Grantor should choose to sell the above described parcel during the term of the easement or after the acceptance of this Agreement. APN: 013-132-01 City of San Rafael/ HJA Agreement - TCE 8/17/2018 Page 3of4 In Witness Whereof, the Parties have executed this agreement the day and year first above written. GRANTOR: dated October 22, 2014 CITY OF SAN RAFAEL By: Jim Schutz City Manager ATTEST: By: Lindsay Lara City Clerk APPROVED AS TO FORM: Robert F. Epstein City Attorney CITY'S MAILING ADDRESS: City of San Rafael Department of Public Works 111 Morphew Street San Rafael, CA 94901 Date: Date: Date: Date: No Obligation Other Than Those Set Forth Herein Will Be Recognized APN: 013-132-01 City of San Rafael/ Agreement - TCE 8/17/2018 Page 4 of EXHIBIT "A" APN 013-132-01 All that real property situate in the City of San Rafael, County of Marin, State of California, being a portion of the property described in the GRANT DEED to Julie dated October 22, 2014, recorded November 13, 2014 in Book 2014 at Page 0047268, Official Record of Marin County, more particularly described as: Beginning at a 1/2" Rebar with plastic cap stamped "RCE 15945" at the northwest corner of said GRANT DEED in lieu of a 3/4" iron pipe & tag "RCE 15945" as shown on that RECORD OF SURVEY recorded March 5,1985 in BOOK 20 OF Surveys AT PAGE 14, Official Records of Marin County, thence along the north line of said GRANT DEED also being the southerly line of the property described in the GRANT DEED to Arthur W. Feidler IV, an unmarried man, in Book 2013 at page 041588, North 47°27'45" East, 11.60 feet; thence South 12°06'03" East, 34.35 feet; thence North 77°50'00" East, 10.00 feet; thence South 12°06'15" East, 13.72 feet; thence North 77°53'45" East, 20.00 feet; thence South 12°06'15" East, 9.78 feet; thence South 32°53'45" West, 42.43 feet; thence South 12°06'15" East, 8.25 feet to a point on the south line of said GRANT DEED recorded November 13, 2014 in Book 2014 at page 0047268; thence along said south line South 67°56'45" West, 10.15 feet to the east right of way of Southern Heights Boulevard marked by 3/4" iron pipe & tag "RCE 15945" as shown on said RECORD OF SURVEY; thence leaving said south line, along said east right of way North 12°06'15" West, 91.97 feet to the Point of Beginning; Containing 1,821 square feet or 0.04 acres, more or less. Bearings and distances shown are based on the California Coordinate System 1983 (2011), Epoch 2010.00, Zone 3. Divide distances shown by 0.99993 to obtain ground level distances. This real property description has been prepared at Mark Thomas, by me, or under my direction, in conformance with the Professional Land Surveyors Act. tAND SU9G o v SAMUEL R. 9 MCINTYRE * No. 9313 dung— N' zol0 (P No. SAMb-6 R. -MC INTYRE LS. 9313 ODate FF CALF LEGEND LINE TABLE 0. R. OFFICIAL RECORDS COUNTY OF MARIN L1 N4727'45"E 11.60' POB POINT OF BEGINNING TCE TEMPORARY CONSTRUCTION EASEMENT L2 N77'50'00"E 10.00' 0 FOUND MONUMENT AS NOTED 121 SW711LBNHEM75 RPD o DIMENSION POINT k ADH' 013-114-01 L3 S12 06'15"E 13.72' ( ) RECORD DATA 0ac2013-dYX1114 L4 N7753'45"E 20.00' ® TCE AREA LS S12 06'15"E 9.78' EXISTING RIGHT OF WAY � PROPERTY LINE 0D, L6 S12 06'15"E 8.25' --- TCE BOUNDARY 20' L7 5675645"W 10.15' POB Ln FOUND 1/2" REBAR WITH t,, N PLASTIC CAP STAMPED RCE p 15945 IN LIEU OF 3/4" TCE QP 0 REFERENCES 15945. PER (3) 1821 sf 116 SONY%ffioIsaw 0.04 ac APIC 0IJ-131-01 (1) BOOK 13 OF SURVEYS L2 Dac2014-61441168 AT PAGE 16 r 0.51 ac (2) BOOK 17 OF MAPS z Q4 Z q AT PAGE 71 tv (3) BOOK 20 OF SURVEYS o w M AT PAGE 14 2 � � N 75 PLEASANT LkF SAMUEL R. ARM 012 -282 -JI) MCINTYRE /ryry� cn / C) 6$ *Tqj No. 9313\ SO��No1�E00��2 F of C NO v oac 2 r FOUND 3/4" IRON PIPE AND TAG RCE 15945 PER (3) L' 1�� AM ADN • 01' -1J2-03 BEARINGS AND DISTANCES SHOWN ARE BASED ON THE 0 10 20 40 Feet CALIFORNIA COORDINATE SYSTEM OF 1983 (2011), SCALE 1" = 20' EPOCH 2010.00, ZONE 3. DIVIDE DISTANCES SHOWN BY 0.99993 TO OBTAIN GROUND LEVEL DISTANCES. EXHIBIT B U Temporary ■ ■ Construction Easement MARKTHOMAS Parcel #7°� SAN RAFAEL Scale: 1" = 20' APN 013-132-01 THE CITY WITH A MISSION Date June 2018 In the City of San Rafael Drawn By MSW Marin County, California Checked By SRM H21,{�T HAMNER, JEWELL & ASSOCIATES �ER Government Real Estate Services Right of Way Acquisition - Relocation Assistance - Real Property JEWELL Consulting Offices in Ventura, San Luis Obispo and Fresno Counties ASSOCIATES Writer's Telephone Number. (559) 412-8710 Writers email address: gmoralesc@hamner-iewell.com August , 2018 Personally Delivered [Certified mail if cannot be personally delivered] Post Office Box 1179 Larkspur, CA 94977 Subject: City of San Rafael — Southern Heights Boulevard Bridge Replacement Project Acq. AN 013-124-07 ( Dear Mr. This is to formally present you with an offer on behalf of the City of Rafael to purchase a temporary construction easement on your property located at 122 Southern Heights Boulevard, San Rafael, California. As you are aware, purchase by the City is necessary in conjunction with the proposed Southern Heights Boulevard Bridge Replacement Project. To ensure that fair market value is offered to you for the purchase of this easement, a valuation has been prepared. That valuation has taken into consideration the highest and best use of the affected property, the size of the land, any improvement located thereon, and all other factors that affect fair market value. On the attached Valuation Summary Statement, the total compensation figure of $3,000 represents the fair market value of the easement, as established by this recent independent valuation, and is the amount of the City's offer to you for the purchase of this easement. Your ongoing cooperation for access to the property for these inspections and assessments is appreciated. These inspections will be conducted at the City's expense. The City hereby offers to purchase the easement for the full amount offered, subject to you conveying the easement to City free and clear of all liens and encumbrances other than public utility easements and public rights of way. The City would pay all usual and necessary escrow, title, transfer, and recording fees associated with this purchase. Corporate and San Luis Obispo County Office 530 Paulding Circle, Suite A, Arroyo Grande, CA 93420 (805) 773-1459 Ventura County Office 4476 Market Street, Suite 601, Ventura, CA 93003 (805) 658-8844 Central Valley Office 6051 N. Fresno Street, Suite 106, Fresno, CA 93710 (559) 412-8710 Arthur W. Feidler, IV August _, 2018 PaLye 2 of 2 We hope that you will find this offer acceptable and representative of just compensation and look forward to working with you to finalize this purchase. As the City's authorized representative, I would be happy to work with you and assist in finalizing an agreement in any way I can. If you have any questions regarding this offer, please contact me at (866) 585-1330. 1 look forward to your response. Sincerely, Gio Morales Right of Way Agent California Real Estate License #01492928 Enclosures: Valuation Summary Statement Agreement for TCE Waiver Valuation Pamphlet "When a Public Agency Acquires Your Property" Title VI Form cc w/encl: Hunter Young, P.E. - City of San Rafael: hunter.young_a,cityofsanrafaeI.org Dan Blomquist, P.E.- Mark Thomas: dblomquist@markthomas.com Julie Passalacqua, P.E.- Mark Thomas: dblomquist@markthomas.com Page 1 of 4 AP# 013-124-07 VALUATION SUMMARY STATEMENT BASIC DATA PROJECT: ASSESSOR'S PARCEL NO. (AP#): OWNER: PROPERTY LOCATION: APPLICABLE ZONING: CURRENT USE OF SUBJECT PROPERTY HIGHEST AND BEST USE OF SUBJECT PROPERTY: DATE OF VALUATION: TOTAL PROPERTY AREA: PROPERTY TO BE ACQUIRED: Temporary Construction Easement: IMPROVEMENTS TO BE ACQUIRED BASIS OF VALUATION City of San Rafael — Southern Heights Boulevard Bridge Replacement Project 013-124-07 122 Southern Heights Boulevard, San Rafael, CA R-7.5 Low Density Single Family Residential Single Family Residential Present 3/28/18 inspection; updated comps 7/10/18 0.195 acre ALL [ 722 sq. ft. None PART [ X ] The market value for the property to be acquired is based upon a valuation done by a right of way agent, which was prepared in accordance with accepted valuation principles and procedures. Recent sales of comparable properties, income data, and depreciated replacement costs are utilized as appropriate. Full consideration is given to zoning, development potential, and the income that the subject property is capable of producing. There are three approaches to value: 1. The Market Approach for the subject property is based on the consideration of comparable sales which sold within a reasonable time prior to the date of valuation, at a range of $2.69 to $35.14 per square foot. The principal transactions used as comparable sales relied upon as the basis for supporting the determination of value are attached to this Valuation Summary Statement. 2. The Cost Approach is based in part on a replacement cost new of improvements, less depreciation. This approach was not utilized in this analysis since no structural improvements will be affected. 3. The Income Approach is based upon consideration of the income producing potential of the property. This approach was not utilized in this valuation process as it was deemed inapplicable to this specific case. Page 2 of 4 AP# 013-124-07 VALUATION Temporary Construction Easement: 722 sq. ft. @ $20 per sq. ft. x 10% per annum x 2 years = $2.888 Improvements: None Total Land Value: Total Improvement Value: Construction Contract Work: The City's contractor will adjust the existing entry gate to match the grade of the new bridge and road elevation, reestablish gate fencing and the existing 3 -slate wooden bridge fence. The overhanging tree limbs will be pruned under the direction of a licensed arborist. If other landscaping impacts occur, the contractor will replace in like -kind. Severance Damages: None Benefits: None $2,888 $ 0 Total Net Damages/Benefits: $ 0 $2,888 Total Just Compensation for this Acquisition: Rounded $3,000 THREE THOUSAND DOLLARS ($3,000) This summary of the basis of the amount offered as just compensation is presented in compliance with federal and state law and has been derived from a valuation prepared by a right of way agent, which includes supporting sales data and other documentation. City of San Rafael Approved for Purchase Offer and Acquisition: By: I Date: Jim Sch tz City pager Att: Comparable Sale List Legal Descriptions and Plats of Property Rights to be Acquired Page 3 of 4 AP# 013-124-07 SUMMARY STATEMENT RELATING TO PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN Project: City of San Rafael — Southern Heights Boulevard Bridge Replacement AP#: 013-124-07 ( The City of San Rafael is proposing to replace the Southern Heights Boulevard Bridge. Your property, located at 122 Southern Heights Boulevard, San Rafael, is within the project area and identified by your County Assessor as Parcel Number 013-124-07. Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the California Relocation Assistance and Real Property Acquisition Guidelines requires that each owner from whom the City purchases real property or an interest therein or each tenant owning improvements on said property be provided with a summary of the appraisal of the real property or interest therein, as well as the following information: 1. You are entitled to receive frill payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 2. The City will offer to purchase any remnant(s) considered by the City to be an uneconomic unit(s) which is/(are) owned by you or, if applicable, occupied by you as a tenant and which is/(are) contiguous to the land being conveyed. 3. All buildings, structures, and other improvements affixed to the land described in the referenced document(s) covering this transaction and owned by the grantor(s) herein or, if applicable, owned by you as a tenant, are being conveyed unless other disposition of these improvements has been made. The interests being acquired include 722 square feet of temporary construction easement as described in the attached Agreement. 4. The market value of the property being purchased is based upon a market valuation which is summarized on the attached Valuation Summary Statement and such amount: a. Represents the full amount of the valuation of just compensation for the property to be purchased; b. Is not less than the approved valuation of the fair market value of the property as improved; C. Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the public improvement for which the property is being acquired or by the likelihood that the property would be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and d. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the City. Page 4 of 4 AP# 013-124-07 5. Pursuant to Civil Code of Procedure Section 1263.025, should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs of such an appraisal up to a maximum of $5,000 subject to the following conditions: a. You, not the City, must order the appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to your contract with an appraiser. b. The selected appraiser must be licensed with the California Office of Real Estate Appraisers (OREA). It is also recommended that such appraiser be experienced and qualified in the appraisal of easements if this offer is to purchase easements rather than the fee interest in your property. c. Within 30 days of your receipt of this offer, you must notify the City of your intent to obtain an independent appraisal. d. Appraisal cost reimbursement requests must be made in writing, and submitted to the City within 30 days of your receipt of the independent appraisal and no later than 120 days of your receipt of this offer. Copies of the contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concurrent with submission of the appraisal cost reimbursement request. The appraisal costs must be reasonable and justifiable. 6. No person in the United States of America shall, on the grounds of race, color, national origin, sex, age, or disability be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination under any City programs or activities. If federal funding is being utilized in the project for which your property is being sought, notice is hereby provided that it is the policy of the City to assure full compliance with Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, and related statutes and regulations, in all programs and activities undertaken by the City. Any person who believes they have been subjected to unlawful discriminatory practice under Title VI has a right to file a formal complaint with the City. 7. The owner of a business conducted on a property to be acquired, or conducted on the remaining property which will be affected by the purchase of the required property, may be entitled to compensation for the loss of goodwill. Entitlement is contingent upon the business owners' ability to prove such loss in accordance with the provisions of Section 1263.510 and 1263.520 of the Code of Civil Procedure. 8. If you ultimately elect to reject this offer for the purchase of your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. Rev 6-2012 Comparable Sale Summary SEMPLE APPRAISALS, INC. Page 32 Address/AP# Land Sale Sale Description Area Date Price I Spring St. 7,471 s.f. 6/17 $170,000 Avg. 13.24% slope San Rafael Flag lot 5,700 sf usable AP4013-134-44 2 22 Leona Dr. 21,837 s.f. 4/17 $279,000 Avg. 44.51 % slope San Rafael Finished lot AP# 180-251-04 3 94 Via Navarro Ave. 111,248 s.f. 2/18 $300,000 Avg. 63.64% slope Greenbrae 2.55 acres REO sale AP4070-331-20 4 Sonora Way 41,304 s.f. 6/18 $300,000 Avg. 38.05% slope Corte Madera AP4026-143-13 10/17 $160,000 5 Greenwood Ave. 135,471 s.f. 1/17 $399,000 Avg. 44.98%-45.82% San Rafael 3.11 acres slope AP4012-320-09, 10 Sold for open space 2 lots — bay views 6 Sea Way 16,501 s.f. 4/18 $580,000 Avg. 2% slope San Rafael Near bay, view Mt. Tam AP4009-041-03 4/15 $425,000 SEMPLE APPRAISALS, INC. Page 32 EXHIBIT "A" APN 013-124-07 All that real property situate in the City of San Rafael, County of Marin, State of California, being a portion of the property described in the GRANT DEED to an unmarried man, recorded February 5, 2013 in Book 2013 at Page 0008114, Official Records of Marin County, more particularly described as: A 10.00 foot strip of land lying easterly and parallel with the following described line: Beginning at the northwest corner of PARCEL ONE of said GRANT DEED, being a point on the east right of way of Southern Heights Boulevard, which bears South 88°37'19 West 0.73 feet from a Brass Tag stamped "RCE 15945" on rod arm; thence along said east right of way South 12°06'15" East, 74.83 feet to the southwest corner of PARCEL TWO of said GRANT DEED also being the northwest corner of the land described in the GRANT DEED to Julie Lynn Shemano, trustee of the Julie Shemano Family Trust, dated October 22, 2014, recorded November 13, 2014 in Book 2014 at Page 0047268, Official Record of Marin County, marked by a 1/2" rebar with plastic cap stamped "RCE 15945", also being The Point of Terminus. The easterly line of said 10.00 foot strip to be extended or shortened so as to terminate on the northerly and southerly lines of said GRANT DEED recorded February 5,2013. Containing 722 square feet or 0.02 acres, more or less. Bearings and distances shown are based on the California Coordinate System 1983 (2011), Epoch 2010.00, Zone 3. Divide distances shown by 0.99993 to obtain ground level distances. This real property description has been prepared at Mark Thomas, by me, or under my direction, in conformance with the Professional Land Surveyors Act. v SAMUEL R. 9 MCINTYRE * N0.9313 SAMUEL R. MCINTYRE LS. 9313 Jure IL+ ( 2018 Date LEGEND 0. R. OFFICIAL RECORDS COUNTY OF MARIN POB POINT OF BEGINNING POT POINT OF TERMINUS TICE TEMPORARY CONSTRUCTION EASEMENT 0 FOUND MONUMENT AS NOTED O DIMENSION POINT ( ) RECORD DATA ® TICE AREA EXISTING RIGHT PROPERTY LINE --- TCE BOUNDARY REFERENCES OF WAY POB FOUND BRASS TAG STAMPED RCE 15945 ON ROD ARM BEARS N88'37'19"E 0.73' FROM PROPERTY BOOK 13 OF SURVEYS CORNER AT PAGE 16 BOOK 17 OF MAPS AT PAGE 71 BOOK 20 OF SURVEYS 20.00 AT PAGE 14 LINE TABLE Ll N12 06'15"W 74.83' L2 N74 3445 "E 10.02' L,3 S47 27'45 "W 11.60' rLAND S�'PG\ SAMUEL R. MCINTYRE � a J�9TFNo.C31; Oj OF N 126 SWIHERN N660 81;v API(- OIJ-124-06PxEXISTING EASEMENT 1014-018110 f FOR ENCROACHMEN- it%iO.02 NLIG1/6 8L 19 U-114-07 2 AYE13-01'191118 acTCE ARCEL 6 722 sf 0.02 ac 75 ft[6WT LANE APN 012-282-31 3L)ne. BEARINGS AND DISTANCES SHOWN ARE BASED ON SYSTEM OF 1983 (2011), EPOCH 2010.00, ZONE 3. 0.99993 TO OBTAIN GROUND LEVEL DISTANCES. PURPOSES PER DOC 2013-0008114 116 .SWIYUN H00 9119 APIC' 0/3132-01 Doc 2014-0047269 0.51 ac '1 �--PARCEL TWO DOC. —POT 2013-008114 1 _ 1 1 /2" REBAR WITH PLASTIC CAP STAMPED 1- RCE 15945 IN LIEU OF 3/4" IRON PIPE & TAG RCE 15945. PER (3) 0 20 40 80 Feet SCALE 1" = 40' THE CALIFORNIA COORDINATE DIVIDE DISTANCES SHOWN BY EXHIBIT B U Temporary ■ ■ Construction Easement MARK THOMAS Parcel #6°' SAN RAFAEL Scale: 1" = 40' APN 013-124-07 THE CITY WITH A MISSION Date June 2018 In the City of San Rafael Drawn By MSW Checked By SRM Marin County, California PARCEL NO.: 013-124-07 PROJECT: Southern Heights Boulevard Bridge Replacement OWNER: TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS AGREEMENT is made and entered into by and between an unmarried man (hereinafter called "Grantor"), and The City of San Rafael, a California municipal corporation (hereinafter called "City"), By way of this Agreement, Grantor grants to the City temporary construction easement rights for the purposes of facilitating bridge reconstruction, public street improvements and related purposes, in, on, over, under, through, along, and across that specific portion of Grantor's property located in the County of Merin, State of California, particularly described and depicted in Exhibits "A" and "B" attached hereto (the Temporary Construction Easement Area"). In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for the temporary construction easement rights granted herein and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. City requires said temporary construction easement rights for bridge and road reconstruction purposes, a public use for which the City may exercise the power of eminent domain. Grantor is compelled to temporarily grant these rights, and the City is compelled to temporarily use these property rights. 3. Both Grantor and City recognize the expense, time, effort, and risk to both Grantor and City in determining the compensation for the temporary property rights by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation. 4. The City shall: (A)Pay the undersigned Grantor the sum of $3,000 as consideration in full for the temporary construction easement rights conveyed, for the loss, replacement and moving of any improvements, and for entering into this Agreement. Said sum shall be paid within thirty days of the date of City acceptance and execution of this Agreement. APN: 013-124-07 City of San Rafael/ Agreement - TCE 8/17/2018 Page 1 of4 5. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Agreement, the right of possession and use of the Temporary Construction Easement Area by the City, including the right to remove and dispose of improvements, shall commence on 10-31-2018 and terminate on 10-31-2020. Grantor shall have use of the Temporary Construction Easement Area until City takes physical possession. In case of unpredictable delays in construction, upon written notification, the term of this temporary construction easement may be extended by an amendment to this Temporary Construction Easement Agreement. In such case, Grantor shall be compensated based on the fair market value at the time of the extension. Payment shall be made to Grantor for the extension prior to the expiration of the original period. The City shall notify the Grantor at telephone number ( 72 hours prior to the commencement of actual construction or by 10 days written notice, first class mail, delivery deemed completed on date of mailing. 6. Grantor warrants that they are the owner in fee simple of the property upon which the Temporary Construction Easement Area is located, and that they have the exclusive right to grant use of the Temporary Construction Easement Area. 7. Grantor warrants that there are no oral or written leases on all or any portion of the property to be encumbered with this temporary construction easement and Grantor further agrees to hold City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor. 8. In consideration of the City waiving the defects and imperfections in all matters of record title, Grantor covenants and agrees to indemnify and hold the City harmless from any and all claims that other parties may make or assert on the title to the premises. Grantor's obligation herein to indemnify the City shall not exceed the amount paid to Grantor under this contract. 9. City agrees to indemnify and holds harmless Grantor from any liability arising out of City operations under this Agreement. City further agrees to assume responsibility for any damages proximately caused by reason of City operations under this Agreement and City will, at its option, either repair or pay for such damage. 10. All work done under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner. All improvements shall be left in as good condition as found. 11. At no expense to the Grantor and at the time of construction, the City shall generally restore Grantor's property to a comparable or better condition as that which existed prior to the City's project construction, to the extent reasonably practical. The tree limbs that overhang onto the bridge will be pruned under the direction of a licensed arborist. Gate fencing, entry gate, pathway, 3 -slate wooden bridge fence, landscaping, shrubs and/or irrigation lines are to be protected in place during construction, but shall be restored, if affected. Grantor understands and agrees that after completion of construction, all fencing if any and improvements on Grantor's property will remain the sole property of Grantor and Grantor will be solely responsible for the maintenance and repair of such improvements. APN: 013-124-07 8 172018 Page 2 of 4 City of San Rafael/ HJA Agreement - TCE 12. Permission is hereby granted City or its authorized agent to enter upon the Temporary Construction Easement Area for the purpose of facilitating bridge reconstruction, public street improvements and related purposes, and for completing the construction contract work described in Clause 11 of this Agreement. 13. Grantor hereby represents and warrants that during the period of Grantor's ownership of the property there have been no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the property. Grantor further represents and warrant that Grantor has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous wastes, on, from, or under the property which may have occurred prior to Grantor taking title to the property. The payment being made in this transaction reflects the fair -market value of the property without the presence of contamination. If the Temporary Construction Easement Area is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the City may elect to recover its clean-up costs from those who caused or contributed to the contamination. 14. Grantor agrees to provide all required supplemental forms necessary to complete this transaction, including a W-9 Form required for payment processing. 15. This Agreement may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and delivery be deemed an original, and all such counterparts together shall constitute one and the same document. 16. This Agreement is subject to and conditioned upon approval and ratification by the City's Council. This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity. 17. This Agreement shall be binding upon and inure to the benefit of the heirs, devisees, executors, administrators, legal representatives, successors and assigns of the Grantor. 18. The Grantor agrees to fully disclose the existence of the Temporary Construction Easement and the City's project to any and all potential buyers in the event the Grantor should choose to sell the above described parcel during the term of the easement or after the acceptance of this Agreement. APN: 013-124-07 City of San Rafael/ HJA Agreement - TCE 8 17 2018 Page 3 of In Witness Whereof, the Parties have executed this agreement the day and year first above written. GRANTOR: CITY OF SAN RAFAEL By: Jim Schutz City Manager ATTEST: Date: Date: By: Date: Lindsay Lara City Clerk APPROVED AS TO FORM: By: _ _ _ Date: Robert F. Epstein City Attorney CITY'S MAILING ADDRESS: City of San Rafael Department of Public Works 1 I 1 Morphew Street San Rafael, CA 94901 No Obligation Other Than Those Set Forth Herein Will Be Recognized APN: 013-124-07 City of San Rafael/ HJA Agreement - TCE 8/17/2018 Page 4 of 4 EXHIBIT "A" APN 013-124-07 All that real property situate in the City of San Rafael, County of Marin, State of California, being a portion of the property described in the GRANT DEED to IV, an unmarried man, recorded February 5, 2013 in Book 2013 at Page 0008114, Official Records of Marin County, more particularly described as: A 10.00 foot strip of land lying easterly and parallel with the following described line: Beginning at the northwest corner of PARCEL ONE of said GRANT DEED, being a point on the east right of way of Southern Heights Boulevard, which bears South 88°37'19 West 0.73 feet from a Brass Tag stamped "RCE 15945" on rod arm; thence along said east right of way South 12°06'15" East, 74.83 feet to the southwest corner of PARCEL TWO of said GRANT DEED also being the northwest corner of the land described in the GRANT DEED to Julie Lynn Shemano, trustee of the Julie Shemano Family Trust, dated October 22, 2014, recorded November 13, 2014 in Book 2014 at Page 0047268, Official Record of Marin County, marked by a 1/2" rebar with plastic cap stamped "RCE 15945", also being The Point of Terminus. The easterly line of said 10.00 foot strip to be extended or shortened so as to terminate on the northerly and southerly lines of said GRANT DEED recorded February 5,2013. Containing 722 square feet or 0.02 acres, more or less. Bearings and distances shown are based on the California Coordinate System 1983 (2011), Epoch 2010.00, Zone 3. Divide distances shown by 0.99993 to obtain ground level distances. This real property description has been prepared at Mark Thomas, by me, or under my direction, in conformance with the Professional Land Surveyors Act. .tDU1ND SU9LF� v SAMUEL R. 9 MCINTYRE * No. 9313 SAMUEL R. MCINTYRE LS. 9313N9� OIle, CA30 J e 1 `+ 12018 Date LEGEND 0. R. OFFICIAL RECORDS COUNTY OF MARIN POB POINT OF BEGINNING POT POINT OF TERMINUS TICE TEMPORARY CONSTRUCTION EASEMENT 0 FOUND MONUMENT AS NOTED O DIMENSION POINT ( ) RECORD DATA ® TICE AREA EXISTING RIGHT PROPERTY LINE --- TCE BOUNDARY REFERENCES OF WAY POB FOUND BRASS TAG STAMPED RCE 15945 ON ROD ARM BEARS N88'37'19"E 0.73' FROM PROPERTY BOOK 13 OF SURVEYS CORNER AT PAGE 16 BOOK 17 OF MAPS AT PAGE 71 BOOK 20 OF SURVEYS 20'0 AT PAGE 14 LINE TABLE L1 N1206'15"W 74.83' L2 N74 34'45"E 10.02' LJ S47 27'45 "W 11.60' 125 SOUR&N MOVE &W APIC• 013-124-06DocEXISTING EASEMENT 1014-018110 `FOR ENCROACHMEN• PURPOSES PER DOC 2013-0008114 a L AND S 75 PLEASANT LANE Mto MC NT RE APIC' 012-182-37 = SAMLIE R.� L _ N T�1 * * a t.P No. 9313 ��� r— Z qlF OF C A� 3one, 1q,2oie BEARINGS AND DISTANCES SHOWN ARE BASED ON SYSTEM OF 1983 (2011), EPOCH 2010.00, ZONE 3 0.99993 TO OBTAIN GROUND LEVEL DISTANCES. '1 �-- PARCEL TWO DOC. POT 2013-008114 1 _ 1 1/2" REBAR WITH PLASTIC CAP STAMPED 1 -RCE 15945 IN LIEU OF I 3/4" IRON PIPE & TAG RCE 15945. PER (3) 0 20 40 80 _ Feet SCALE 1" = 40' THE CALIFORNIA COORDINATE DIVIDE DISTANCES SHOWN BY EXHIBIT B yrs U Temporary ■ ■ Construction Easement MARK THOMAS(a� Parcel #6 it SAN RAFAEL Scale: 1 " = 40' APN 013-124-07 THE CITY WITH A MISSION Date June 2018 In the City of San Rafael Drawn By MSW Marin County, California Checked By SRM {�T HAMNER, JEWELL & ASSOCIATES HA WE'R Government Real Estate Services Right of Way Acquisition - Relocation Assistance - Real Property EWELL Consulting Offices in Ventura, San Luis Obispo and Fresno Counties ASSOCIATES Writer's Telephone Number. (559) 412-8710 Writer's email address: gmorales(cDham ner-iewell.com August 32018 Personally Delivered [Certified mail if cannot be personally delivered] 126 Southern Heights Boulevard San Rafael, CA 94901 Subject: City of San Rafael — Southern Heights Boulevard Bridge Replacement Project Acq. AN 013-124-06 ( Dear Ms. This is to formally present you with an offer on behalf of the City of Rafael to purchase a temporary construction easement and a temporary access easement on your property located at 126 Southern Heights Boulevard, San Rafael, California. As you are aware, purchase by the City is necessary in conjunction with the proposed Southern Heights Boulevard Bridge Replacement Project. To ensure that fair market value is offered to you for the purchase of this easement, an independent valuation has been prepared. That valuation has taken into consideration the highest and best use of the affected property, the size of the land, any improvement located thereon, and all other factors that affect fair market value. On the attached Valuation Summary Statement, the total compensation figure of $2,800 represents the fair market value of the easement, as established by this recent independent valuation, and is the amount of the City's offer to you for the purchase of this easement. Your ongoing cooperation for access to the property for these inspections and assessments is appreciated. These inspections will be conducted at the City's expense. The City hereby offers to purchase the easement for the full amount offered, subject to you conveying the easement to City free and clear of all liens and encumbrances other than public utility easements and public rights of way. The City would pay all usual and necessary escrow, title, transfer, and recording fees associated with this purchase. Corporate and San Luis Obispo County Office 530 Paulding Circle, Suite A, Arroyo Grande, CA 93420 (805) 773-1459 Ventura County Office 4476 Market Street, Suite 601, Ventura, CA 93003 (805) 658-8844 Central Valley Office 6051 N. Fresno Street, Suite 106, Fresno, CA 93710 (559)412-8 710 Mary E. Turner, Trustee August _, 2018 Paae 2 of 2 We hope that you will find this offer acceptable and representative of just compensation and look forward to working with you to finalize this purchase. As the City's authorized representative, I would be happy to work with you and assist in finalizing an agreement in any way I can. If you have any questions regarding this offer, please contact me at (866) 585-1330. I look forward to your response. Sincerely, Gio Morales Right of Way Agent California Real Estate License 401492928 Enclosures: Valuation Summary Statement Agreement for TCE Waiver Valuation Pamphlet "When a Public Agency Acquires Your Property" Title VI Form cc w1`encl: Hunter Young, P.E. - City of San Rafael: hunter. young@c itvofsanrafael.org Dan Blomquist, P.E.- Mark Thomas: dblomquist a,markthomas.com Julie Passalacqua, P.E.- Mark Thomas: dblomquistgmarkthomas.com Page 1 of 4 AP# 013-124-06 VALUATION SUMMARY STATEMENT BASIC DATA PROJECT: ASSESSOR'S PARCEL NO. (AP#): OWNER: PROPERTY LOCATION: APPLICABLE ZONING: CURRENT USE OF SUBJECT PROPERTY: HIGHEST AND BEST USE OF SUBJECT PROPERTY: DATE OF VALUATION: TOTAL PROPERTY AREA: PROPERTY TO BE ACQUIRED: Temporary Construction Easement Temporary Access Easement IMPROVEMENTS TO BE ACQUIRED BASIS OF VALUATION City of San Rafael — Southern Heights Boulevard Bridge Replacement Project 013-124-06 126 Southern Heights Boulevard, San Rafael, CA R-7.5 Low Density Single Family Residential Single Family Residential Present 3!28!18 inspection; updated comps 7/10118 0.220 acre ALL [ 588 sq. ft. 368 sq. ft. None PART [ X ] The market value for the property to be acquired is based upon a valuation done by a right of way agent, which was prepared in accordance with accepted valuation principles and procedures. Recent sales of comparable properties, income data, and depreciated replacement costs are utilized as appropriate. Full consideration is given to zoning, development potential, and the income that the subject property is capable of producing. There are three approaches to value: 1. The Market Approach for the subject property is based on the consideration of comparable sales which sold within a reasonable time prior to the date of valuation, at a range of $2.69 to $35.14 per square foot. The principal transactions used as comparable sales relied upon as the basis for supporting the determination of value are attached to this Valuation Summary Statement. 2. The Cost Approach is based in part on a replacement cost new of improvements, less depreciation. This approach was not utilized in this analysis since no structural improvements will be affected. 3. The Income Approach is based upon consideration of the income producing potential of the property. This approach was not utilized in this valuation process as it was deemed inapplicable to this specific case. Page 2 of 4 AP# 013-124-06 VALUATION Temporary Construction Easement: 588 sq. ft. @ $20.83 per sq. ft. x 10% per annum x 2 years = $2,450 Temporary Access Easement: 368 sq. ft. @ $20.83 per sq. ft. x 10% per annum x 2 years x 25% for non-exclusive use -- $ 384 Total Land Value: $2,834 Improvements: None Total Improvement Value: $ 0 Construction Contract Work: The City's contractor will reestablish a small portion of the wooden fencing and entry pathway to match the grade of the new bride and road elevation. If other landscaping impacts occur, contractor to replace in like -kind. Severance Damages: None Benefits: None Total Net Damages/Benefits: $ 0 $2,834 Total Just Compensation for this Acquisition: Rounded $2,800 TWO THOUSAND EIGHT HUNDRED DOLLARS ($2,800) This summary of the basis of the amount offered as just compensation is presented in compliance with federal and state law and has been derived from a valuation prepared by a right of way agent, which includes supporting sales data and other documentation. City of San Rafael Approved for Purchase Offer and Acquisition: By: Date: g J m S utz C anager Att: Comparable Sale List Legal Descriptions and Plats of Property Rights to be Acquired Page 3 of 4 AP# 013-124-06 SUMMARY STATEMENT RELATING TO PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN Project: City of San Rafael — Southern Heights Boulevard Bridge Replacement AP#: 013-124-06 ( The City of San Rafael is proposing to replace the Southern Heights Boulevard Bridge. Your property, located at 126 Southern Heights Boulevard, San Rafael, is within the project area and identified by your County Assessor as Parcel Number 013-124-06. Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the California Relocation Assistance and Real Property Acquisition Guidelines requires that each owner from whom the City purchases real property or an interest therein or each tenant owning improvements on said property be provided with a summary of the appraisal of the real property or interest therein, as well as the following information: 1. You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 2. The City will offer to purchase any remnant(s) considered by the City to be an uneconomic unit(s) which is/(are) owned by you or, if applicable, occupied by you as a tenant and which is/(are) contiguous to the land being conveyed. 3. All buildings, structures, and other improvements affixed to the land described in the referenced document(s) covering this transaction and owned by the grantor(s) herein or, if applicable, owned by you as a tenant, are being conveyed unless other disposition of these improvements has been made. The interests being acquired include 588 square feet of temporary construction easement and 368 square feet of temporary access easement as described in the attached Agreement. 4. The market value of the property being purchased is based upon a market valuation which is summarized on the attached Valuation Summary Statement and such amount: a. Represents the full amount of the valuation of just compensation for the property to be purchased; b. Is not less than the approved valuation of the fair market value of the property as improved; Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the public improvement for which the property is being acquired or by the likelihood that the property would be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and d. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the City. Page 4 of 4 AP# 013-124-06 5. Pursuant to Civil Code of Procedure Section 1263.025, should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs of such an appraisal up to a maximum of $5,000 subject to the following conditions: a. You, not the City, must order the appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to your contract with an appraiser. b. The selected appraiser must be licensed with the California Office of Real Estate Appraisers (OREA). It is also recommended that such appraiser be experienced and qualified in the appraisal of easements if this offer is to purchase easements rather than the fee interest in your property. c. Within 30 days of your receipt of this offer, you must notify the City of your intent to obtain an independent appraisal. d. Appraisal cost reimbursement requests must be made in writing, and submitted to the City within 30 days of your receipt of the independent appraisal and no later than 120 days of your receipt of this offer. Copies of the contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concurrent with submission of the appraisal cost reimbursement request. The appraisal costs must be reasonable and justifiable. 6. No person in the United States of America shall, on the grounds of race, color, national origin, sex, age, or disability be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination under any City programs or activities. If federal funding is being utilized in the project for which your property is being sought, notice is hereby provided that it is the policy of the City to assure full compliance with Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, and related statutes and regulations, in all programs and activities undertaken by the City. Any person who believes they have been subjected to unlawful discriminatory practice under Title VI has a right to file a formal complaint with the City. 7. The owner of a business conducted on a property to be acquired, or conducted on the remaining property which will be affected by the purchase of the required property, may be entitled to compensation for the loss of goodwill. Entitlement is contingent upon the business owners' ability to prove such loss in accordance with the provisions of Section 1263.510 and 1263.520 of the Code of Civil Procedure. 8. If you ultimately elect to reject this offer for the purchase of your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. Rev 6-2012 Comparable Sale Summary SEMPLE APPRAISALS, INC. Page 32 Address/AP# Land Sale Sale Description Area Date Price 1 Spring St. 7,471 s.f. 6/17 $170,000 Avg. 13.24% slope San Rafael Flag lot 5,700 sf usable AP4013-134-44 2 22 Leona Dr. 21,837 s.f. 4/17 $279,000 Avg. 44.51% slope San Rafael Finished lot AP# 180-251-04 3 94 Via Navarro Ave. 111,248 s.f. 2/18 $300,000 Avg. 63.64% slope Greenbrae 2.55 acres REO sale AP4070-331-20 4 Sonora Way 41,304 s.f. 6/18 $300,000 Avg. 38.05% slope Corte Madera AP4026-143-13 10/17 $160,000 5 Greenwood Ave. 135,471 s.f. 1/17 $399,000 Avg. 44.98°/x-45.82% San Rafael 3.11 acres slope AP4012-320-09, 10 Sold for open space 2 lots — bay views 6 Sea Way 16,501 s.f. 4/18 $580,000 Avg. 2% slope San Rafael Near bay, view Mt. Tam AP4009-041-03 4/15 $425,000 SEMPLE APPRAISALS, INC. Page 32 EXHIBIT "A" APN 013-124-06 All that real property situate in the City of San Rafael, County of Marin, State of California, being a portion of the property described in the TRUST TRANSFER DEED to Trustee of the 2014 FAMILY TRUST, recorded May 6, 2014 in Book 2014 at Page 0018110, Official Records of Marin County, more particularly described as PARCEL 5 and PARCEL 5-1: PARCEL 5 A 10.00 foot strip of land lying easterly and parallel with the following described line: Beginning at the northwest corner of PARCEL II as shown on said TRUST TRANSFER DEED marked by a Brass Tag stamped "RCE 15945" as shown on that RECORD OF SURVEY recorded September 30,1983 in BOOK 18 OF Surveys AT PAGE 72, Official Records of Marin County, also being a point on the east right of way of Southern Heights Boulevard; thence along said east right of way South 12°06'15" East, 56.67 feet to the southwest corner of said TRUST TRANSFER DEED also being the northwest corner of the land described in the GRANT DEED to Arthur W. Feidler, recorded February 5, 2013 in Book 2013 at Page 041588, Official Records of Marin County, also being the POINT OF TERMINUS, which bears South 88°37'19 West 0.73 feet from a Brass Tag stamped "RCE 15945" on rod arm. The easterly line of said 10.00 foot strip to be extended or shortened so as to terminate on the northerly and southerly lines of said TRUST TRANSFER DEED. Containing 588 square feet or 0.01 acres, more or less. PARCEL 5-1 A 5.00 foot strip of land, the centerline of which being described as follows: Commencing at the northwest corner of said PARCEL II as shown on TRUST TRANSFER DEED marked by a Brass Tag stamped "RCE 15945" as shown on that RECORD OF SURVEY recorded September 30,1983 in BOOK 18 OF Surveys AT PAGE 72, Official Records of Marin County, also being a point on the east right of way of Southern Heights Boulevard; thence leaving said east right of way North 52°06'21" East, 11.11 feet along the northerly line of said TRUST TRANSFER DEED; thence leaving said northerly line, South 12°06'15" East, 11.27 feet along the easterly line of a 10.00 foot strip described as PARCEL 5 per this description to the Point of Beginning; thence North 78°19'36" East, 18.11 feet; thence South 11°40'23" East, 20.18 feet; thence South 52°06'15" East, 35.23 feet to a point on the southerly line of said TRUST TRANSFER DEED, also being the Point of Terminus. The side lines of said 5.00 foot strip to be extended or shortened so as to terminate on the easterly line of said PARCEL 5 and the southerly line of said TRUST TRANSFER DEED. Containing 368 square feet or 0.01 acres, more or less. Bearings and distances shown are based on the California Coordinate System 1983 (2011), Epoch 2010.00, Zone 3. Divide distances shown by 0.99993 to obtain ground level distances. This real property description has been prepared at Mark Thomas, by me, or under my direction, in conformance with the Professional Land Surveyors Act. I SAMUEL R. MCINTYRE LS. 9313 /sip LAND so 9L� SAMUEL R. MCINTYRE No. 9313 T OF 1F�Q�` \\ CA0 June_ 1q , -LOIS Date LEGEND 0. R. OFFICIAL RECORDS COUNTY OF MARIN POB POINT OF BEGINNING TCE TEMPORARY CONSTRUCTION EASEMENT TPE TEMPORARY PEDESTRIAN EASEMENT O FOUND MONUMENT AS NOTED O DIMENSION POINT ( ) RECORD DATA ® TICE AREA ® TPE AREA EXISTING RIGHT OF WAY PROPERTY LINE --- TCE/TPE BOUNDARY --- TPE CENTERLINE POB PARCEL 5� FOUND BRASS TAG IN CONCRETE STAMPED RCE 15945 PER BOOK 18 OF TCE SURVEYS AT PAGE 72 PARCEL 5 588 sf REFERENCES 0.01 ac (1) BOOK 13 OF SURVEYS AT PAGE 16 (2) BOOK 17 OF MAPS AT PAGE 71 (3) BOOK 20 OF SURVEYS AT PAGE 14 LAND SU,p� SAMUEL R. MCINTYRE APN 01J-124-0 POB PARCEL 5-1� 01 _ T� N � w _ N c� C, v, C -v Lo m cn 10.02' L3 rZ �w L4 N78'19 36 "E 10.p0�_' 75 PLEASANT LANE APN- 011-181-31 LINE TABLE FROM PROPERTY CORNER 1 111 SONWRN&79/5 &W 0 10 20 40 APN. 013-1107 Feet OX 1013-008114 �un� 1L4 t 2-o1B SCALE 1"=20' BEARINGS AND DISTANCES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983 (2011), EPOCH 2010.00, ZONE 3. DIVIDE DISTANCES SHOWN BY 0.99993 TO OBTAIN GROUND LEVEL DISTANCES. EXHIBIT B U Temporary ■ ■ Construction Easement NARK THOMAS Parcel #5 & 5-1 ��' SAN RAFAEL Scale: 1 " = 20' APN 013-124-06 THE CITY WITH A MISSION Date June 2018 In the City of San Rafael Drawn By MSW Marin County, California Checked By SRM PARCEL NO.: 013-124-06 PROJECT: Southern Heights Boulevard. Bridge Replacement OWNER: TEMPORARY CONSTRUCTION EASEMENT AND TEMPORARY ACCESS EASEMENT AGREEMENT THIS AGREEMENT is made and entered into by and between (hereinafter called "Grantor"), and The City of San Rafael, a California municipal corporation (hereinafter called "City"), By way of this Agreement, Grantor grants to the City temporary construction easement and temporary access easement rights for the purposes of facilitating bridge reconstruction, public street improvements and related purposes, in, on, over, under, through, along, and across that specific portion of Grantor's property located in the County of Merin, State of California, particularly described and depicted in Exhibits "A" and "B" attached hereto (the Temporary Construction Easement and Temporary Access Easement Area"). 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 the temporary construction easement and temporary access easement rights granted herein and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. City requires said temporary construction easement and temporary access easement rights for bridge and road reconstruction purposes, a public use for which the City may exercise the power of eminent domain. Grantor is compelled to temporarily grant these rights, and the City is compelled to temporarily use these property rights. 3. Both Grantor and City recognize the expense, time, effort, and risk to both Grantor and City in determining the compensation for the temporary property rights by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation. 4. The City shall: (A)Pay the undersigned Grantor the sum of $2,800 as consideration in full for the temporary construction easement and temporary access easement rights conveyed, for the loss, replacement and moving of any improvements, and for entering into this Agreement. Said sum shall be paid within thirty days of the date of City acceptance and execution of this Agreement. APN: 013-124-06 City of San Rafael/ HJA Agreement - TCE 8/17/2018 Page 1 of 5. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Agreement, the right of possession and use of the Temporary Construction Easement and Temporary Access Easement Area by the City, including the right to remove and dispose of improvements, shall commence on 10-31-2018 and terminate on 10-31-2020. Grantor shall have use of the Temporary Construction Easement and Temporary Access Easement Area until City takes physical possession. In case of unpredictable delays in construction, upon written notification, the term of this temporary construction easement may be extended by an amendment to this Temporary Construction Easement Agreement. In such case, Grantor shall be compensated based on the fair market value at the time of the extension. Payment shall be made to Grantor for the extension prior to the expiration of the original period. The City shall notify the Grantor at telephone number ( 72 hours prior to the commencement of actual construction or by 10 days written notice, first class mail, delivery deemed completed on date of mailing. Grantor warrants that they are the owner in fee simple of the property upon which the Temporary Construction Easement and Temporary Access Easement Area is located, and that they have the exclusive right to grant use of the Temporary Construction Easement and Temporary Access Easement Area. 7. Grantor warrants that there are no oral or written leases on all or any portion of the property to be encumbered with this temporary construction easement and Grantor further agrees to hold City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor. In consideration of the City waiving the defects and imperfections in all matters of record title, Grantor covenants and agrees to indemnify and hold the City harmless from any and all claims that other parties may make or assert on the title to the premises. Grantor's obligation herein to indemnify the City shall not exceed the amount paid to Grantor under this contract. 9. City agrees to indemnify and holds harmless Grantor from any liability arising out of City operations under this Agreement. City further agrees to assume responsibility for any damages proximately caused by reason of City operations under this Agreement and City will, at its option, either repair or pay for such damage. 10. All work done under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner. All improvements shall be left in as good condition as found. 11. At no expense to the Grantor and at the time of construction, the City shall generally restore Grantor's property to a comparable or better condition as that which existed prior to the City's project construction, to the extent reasonably practical. Said restoration shall include the reestablishment of a small portion of wooden fencing, and the entry pathway to match the grade of the new bridge. All landscaped areas, remaining fencing, trees and shrubs and;'or irrigation lines are to be protected in place during construction, but shall be restored, if affected. Grantor understands and agrees that after completion of construction, all fencing if any and improvements on Grantor's property will remain the sole property of APN: 013-124-06 City of San Rafael/ Agreement - TCE 8/17/2018 Page 2 of Grantor and Grantor will be solely responsible for the maintenance and repair of such improvements. 12. Permission is hereby granted City or its authorized agent to enter upon the Temporary Construction Easement and Temporary Access Easement Area for the purpose of facilitating bridge reconstruction, public street improvements and related purposes, and for completing the construction contract work described in Clause 11 of this Agreement. 13. Grantor hereby represents and warrants that during the period of Grantor's ownership of the property there have been no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the property. Grantor further represents and warrant that Grantor has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous wastes, on, from, or under the property which may have occurred prior to Grantor taking title to the property. The payment being made in this transaction reflects the fair -market value of the property without the presence of contamination. If the Temporary Construction Easement and Temporary Access Easement Area is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the City may elect to recover its clean-up costs from those who caused or contributed to the contamination. 14. Grantor agrees to provide all required supplemental forms necessary to complete this transaction, including a W-9 Form required for payment processing. 15. This Agreement may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and delivery be deemed an original, and all such counterparts together shall constitute one and the same document. 16. This Agreement is subject to and conditioned upon approval and ratification by the City's Council. This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity. 17. This Agreement shall be binding upon and inure to the benefit of the heirs, devisees, executors, administrators, legal representatives, successors and assigns of the Grantor. 18. The Grantor agrees to fully disclose the existence of the Temporary Construction Easement and the City's project to any and all potential buyers in the event the Grantor should choose to sell the above described parcel during the term of the easement or after the acceptance of this Agreement. APN: 013-124-06 City of San Rafael/ HJA Agreement - TCE 8/17/2018 Page 3 of In Witness Whereof, the Parties have executed this agreement the day and year first above written. GRANTOR: CITY OF SAN RAFAEL Jim Schutz City Manager ATTEST: By: Lindsay Lara City Clerk APPROVED AS TO FORM: By: Robert F. Epstein City Attorney CITY'S MAILING ADDRESS: City of San Rafael Department of Public Works 111 Morphew Street San Rafael, CA 94901 Date: Date: Date: Date: No Obligation Other Than Those Set Forth Herein Will Be Recognized APN: 013-124-06 8/17/2018 City of San Rafael/ HJA Agreement - TCE Page 4 of 4 EXHIBIT "A" APN 013-124-06 All that real property situate in the City of San Rafael, County of Marin, State of California, being a portion of the property described in the TRUST TRANSFER DEED to FAMILY TRUST, recorded May 6, 2014 in Book 2014 at Page 0018110, Official Records of Marin County, more particularly described as PARCEL 5 and PARCEL 5-1: PARCEL 5 A 10.00 foot strip of land lying easterly and parallel with the following described line: Beginning at the northwest corner of PARCEL II as shown on said TRUST TRANSFER DEED marked by a Brass Tag stamped "RCE 15945" as shown on that RECORD OF SURVEY recorded September 30,1983 in BOOK 18 OF Surveys AT PAGE 72, Official Records of Marin County, also being a point on the east right of way of Southern Heights Boulevard; thence along said east right of way South 12°06'15" East, 56.67 feet to the southwest corner of said TRUST TRANSFER DEED also being the northwest corner of the land described in the GRANT DEED to Arthur W. Feidler, recorded February 5, 2013 in Book 2013 at Page 041588, Official Records of Marin County, also being the POINT OF TERMINUS, which bears South 88°37'19 West 0.73 feet from a Brass Tag stamped "RCE 15945" on rod arm. The easterly line of said 10.00 foot strip to be extended or shortened so as to terminate on the northerly and southerly lines of said TRUST TRANSFER DEED. Containing 588 square feet or 0.01 acres, more or less. PARCEL 5-1 A 5.00 foot strip of land, the centerline of which being described as follows: Commencing at the northwest corner of said PARCEL II as shown on TRUST TRANSFER DEED marked by a Brass Tag stamped "RCE 15945" as shown on that RECORD OF SURVEY recorded September 30,1983 in BOOK 18 OF Surveys AT PAGE 72, Official Records of Marin County, also being a point on the east right of way of Southern Heights Boulevard; thence leaving said east right of way North 52°06'21" East, 11.11 feet along the northerly line of said TRUST TRANSFER DEED; thence leaving said northerly line, South 12°06'15" East, 11.27 feet along the easterly line of a 10.00 foot strip described as PARCEL 5 per this description to the Point of Beginning; thence North 78°19'36" East, 18.11 feet; thence South 11°40'23" East, 20.18 feet; thence South 52°06'15" East, 35.23 feet to a point on the southerly line of said TRUST TRANSFER DEED, also being the Point of Terminus. The side lines of said 5.00 foot strip to be extended or shortened so as to terminate on the easterly line of said PARCEL 5 and the southerly line of said TRUST TRANSFER DEED. Containing 368 square feet or 0.01 acres, more or less. Bearings and distances shown are based on the California Coordinate System 1983 (2011), Epoch 2010.00, Zone 3. Divide distances shown by 0.99993 to obtain ground level distances. This real property description has been prepared at Mark Thomas, by me, or under my direction, in conformance with the Professional Land Surveyors Act. 2, 7 1 SAMUEL R. MCINTYRE LS. 9313 SND S�gLF\ SAMUEL R. 9 MCINTYRE * No. 9313 \�.Olp June_ 1'+ ,1-018 Date LEGEND 0. R. OFFICIAL RECORDS COUNTY OF MARIN POB POINT OF BEGINNING TCE TEMPORARY CONSTRUCTION EASEMENT TPE TEMPORARY PEDESTRIAN EASEMENT O FOUND MONUMENT AS NOTED O DIMENSION POINT ( ) RECORD DATA ® TICE AREA ® TPE AREA EXISTING RIGHT OF WAY PROPERTY LINE --- TCE/TPE BOUNDARY -- TPE CENTERLINE APN 05 -124 - POB PARCEL 5-1� 1 POB PARCEL 5 Ll FOUND BRASS TAG IN 11. 11 ' CONCRETE STAMPED RCE S74 34'45"W 15945 PER BOOK 18 OF TCE L3 SURVEYS AT PAGE 72 PARCEL 5 L4 N78'19'36 "E 588 sf L5 REFERENCES 0.01 ac z^ �z (1) BOOK 13 OF SURVEYS t" w AT PAGE 16 rn N (2) BOOK 17 OF N MAPS o U, g AT PAGE 71 c ``" (3) BOOK 20 OF SURVEYS N = AT PAGE 14 a3 0) Z n ` 10.00' 75 PEASANT LANE SAMUEL R. 011-182-31 MCINTYRE LINE TABLE FROM PROPERTY CORNER 1 111 SIXIIHLRN07/75 &W 44 0 10 20 40 AM 013-11447 ist," { Feet Doc 1013-008114 June- lei t ZOIS SCALE 1"=20' BEARINGS AND DISTANCES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983 (2011), EPOCH 2010.00, ZONE 3. DIVIDE DISTANCES SHOWN BY 0.99993 TO OBTAIN GROUND LEVEL DISTANCES. EXHIBIT B U Temporary ■ ■ Construction Easement MARK THOMAS Parcel #5 & 5-1 ��' SAN RAFAEL Scale: 1" = 20' APN 013-124-06 THE CITY WITH A MISSION Date June 2018 In the City of San Rafael Drawn By MSW Marin County, California Checked By SRM HAMNER, JEWELL & ASSOCIATES HONER Government Real Estate Services Right of Way Acquisition - Relocation Assistance - Real Property JEWELL Consulting Offices in Ventura, San Luis Obispo and Fresno Counties ASSOCIATES Writer's Telephone Number (559) 412-8710 Writer's email address: gmorales(a-hamner-iewell.com August , 2018 Personally Delivered [Certified mail if cannot be personally delivered] 65 Pleasant Lane San Rafael, CA 94901 Subject: City of San Rafael — Southern Heights Boulevard Bridge Replacement Project Acq. AN 012-282-36 ( Dear This is to formally present you with an offer on behalf of the City of Rafael to purchase a temporary construction easement on your property located at 65 Pleasant Lane, San Rafael, California. As you are aware, purchase by the City is necessary in conjunction with the proposed Southern Heights Boulevard Bridge Replacement Project. To ensure that fair market value is offered to you for the purchase of this easement, a waiver valuation has been prepared. That valuation has taken into consideration the highest and best use of the affected property, the size of the land, any improvement located thereon, and all other factors that affect fair market value. On the attached Valuation Summary Statement, the total compensation figure of $2,044 represents the fair market value of the easement, as established by this recent independent valuation, and is the amount of the City's offer to you for the purchase of this easement. Your ongoing cooperation for access to the property for these inspections and assessments is appreciated. These inspections will be conducted at the City's expense. The City hereby offers to purchase the easement for the full amount offered, subject to you conveying the easement to City free and clear of all liens and encumbrances other than public utility easements and public rights of way. The City would pay all usual and necessary escrow, title, transfer, and recording fees associated with this purchase. Corporate and San Luis Obispo County Office 530 Paulding Circle, Suite A, Arroyo Grande, CA 93420 (805) 773-1459 Ventura County Office 4.176 Market Street, Suite 601, Ventura, CA 93003 (805) 658-8844 Central Valley Office 6051 N. Fresno Street, Suite 106, Fresno, CA 93710 (559) 412-8710 Daniel J. Cooper and Sondra Putnam Cooper, Trustees August _, 2018 Paae 2 of 2 We hope that you will find this offer acceptable and representative of just compensation and look forward to working with you to finalize this purchase. As the City's authorized representative, I would be happy to work with you and assist in finalizing an agreement in any way I can. If you have any questions regarding this offer, please contact me at (866) 585-1330. I look forward to your response. Sincerely, Gio Morales Right of Way Agent California Real Estate License #01492928 Enclosures: Appraisal Summary Statement Agreement for Temporary Construction Easement Appraisal Report Pamphlet "When a Public Agency Acquires Your Property" Title VI Form cc w.'encl: Hunter Young, P.E. - City of San Rafael: hunter. young_@cityofsanrafael.org Dan Blomquist, P.E.- Mark Thomas: dblomquist n,markthomas.com Julie Passalacqua, P.E.- Mark Thomas: dblomquist@markthomas.com Page 1 of 4 AP# 012-282-36 APPRAISAL SUMMARY STATEMENT BASIC DATA PROJECT: ASSESSOR'S PARCEL NO. (AP#): OWNER: PROPERTY LOCATION: APPLICABLE ZONING: CURRENT USE OF SUBJECT PROPERTY HIGHEST AND BEST USE OF SUBJECT PROPERTY: DATE OF VALUATION: TOTAL PROPERTY AREA: PROPERTY TO BE ACQUIRED: Temporary Construction Easement: IMPROVEMENTS TO BE ACQUIRED BASIS OF APPRAISAL City of San Rafael — Southern Heights Boulevard Bridge Replacement Project 012-282-36 65 Pleasant Lane, San Rafael, California R10 — single family residential P/OS — parks/open space district Single family residential Present use July 2, 2018 33,234 sq. ft. ALL [ ] 2,403 sq. ft. None PART [ X ] The market value for the property to be acquired is based upon an appraisal done by a certified and state - licensed appraiser, which was prepared in accordance with accepted appraisal principles and procedures. Recent sales of comparable properties, income data, and depreciated replacement costs are utilized as appropriate. Full consideration is given to zoning, development potential, and the income that the subject property is capable of producing. There are three approaches to value: 1. The Market Approach for the subject property is based on the consideration of comparable sales which sold within a reasonable time prior to the date of valuation, at a range of $2.69 to $35.14 per square foot. The principal transactions used as comparable sales relied upon as the basis for supporting the determination of value are attached to this Appraisal Summary Statement. 2. The Cost Approach is based in part on a replacement cost new of improvements, less depreciation. This approach was not utilized in this analysis since no structural improvements will be affected. 3. The Income Approach is based upon consideration of the income producing potential of the property. This approach was not utilized in this valuation process as it was deemed inapplicable to this specific case. Page 2 of 4 AP# 012-282-36 VALUATION Tempo ary Construction Easement: 2,403 sq. ft. @ $4.253 per sq. ft. x 10% per annum x 2 years = (rounded) $2,044 Improvements: None Severance Damages: None Benefits: None Total Land Value: $2,044 Total Improvement Value: $ 0 Total Net Damages/Benefits: $ 0 Total Just Compensation for this Acquisition: $2,044 TWO THOUSAND FORTY-FOUR DOLLARS ($2,044) This summary of the basis of the amount offered as just compensation is presented in compliance with federal and state laws and has been derived from a formal appraisal prepared by a certified and state - licensed real estate appraiser, which includes supporting sales data and other documentation. The appraisal is hereby confirmed approved and accepted by this agency and a purchase offer based thereon is hereby approved and authorized. City of San Rafael Approved for Purchase Offer and Acquisition: By: _if'�t Date: 4 scqutz Ci eager IF Att: Comparable Sale List Legal Descriptions and Plats of Property Rights to be Acquired Page 3 of 4 AP# 012-282-36 SUMMARY STATEMENT RELATING TO PURCHASE OF REAL PROPERTY OR AN INTEREST THERF..IN Project: City of San Rafael - Southern Heights Boulevard Bridge Replacement AP#: 012-282-36 ( The City of San Rafael is proposing to replace the Southern Heights Boulevard Bridge. Your property, located at 65 Pleasant Lane, San Rafael, is within the project area and identified by your County Assessor as Parcel Number 012-282-36. Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the California Relocation Assistance and Real Property Acquisition Guidelines requires that each owner from whom the City purchases real property or an interest therein or each tenant owning improvements on said property be provided with a summary of the appraisal of the real property or interest therein, as well as the following information: 1. You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 2. The City will offer to purchase any remnant(s) considered by the City to be an uneconomic unit(s) which is/(are) owned by you or, if applicable, occupied by you as a tenant and which is/(are) contiguous to the land being conveyed. 3. All buildings, structures, and other improvements affixed to the land described in the referenced document(s) covering this transaction and owned by the grantor(s) herein or, if applicable, owned by you as a tenant, are being conveyed unless other disposition of these improvements has been made. The interests being acquired include 2,403 square feet in temporary construction easement as described in the attached agreement. 4. The market value of the property being purchased is based upon a market value appraisal which is summarized on the attached Appraisal Summary Statement and such amount: a. Represents the full amount of the appraisal of just compensation for the property to be purchased; b. Is not less than the approved appraisal of the fair market value of the property as improved; C. Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the public improvement for which the property is being acquired or by the likelihood that the property would be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and d. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the City. Page 4 of 4 AP# 012-282-36 5. Pursuant to Civil Code of Procedure Section 1263.025, should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs of such an appraisal up to a maximum of $5,000 subject to the following conditions: a. You, not the City, must order the appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to your contract with an appraiser. b. The selected appraiser must be licensed with the California Office of Real Estate Appraisers (OREA). It is also recommended that such appraiser be experienced and qualified in the appraisal of easements if this offer is to purchase easements rather than the fee interest in your property. c. Within 30 days of your receipt of this offer, you must notify the City of your intent to obtain an independent appraisal. d. Appraisal cost reimbursement requests must be made in writing, and submitted to the City within 30 days of your receipt of the independent appraisal and no later than 120 days of your receipt of this offer. Copies of the contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concurrent with submission of the appraisal cost reimbursement request. The appraisal costs must be reasonable and justifiable. 6. No person in the United States of America shall, on the grounds of race, color, national origin, sex, age, or disability be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination under any City programs or activities. If federal funding is being utilized in the project for which your property is being sought, notice is hereby provided that it is the policy of the City to assure full compliance with Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, and related statutes and regulations, in all programs and activities undertaken by the City. Any person who believes they have been subjected to unlawful discriminatory practice under Title VI has a right to file a formal complaint with the City. 7. The owner of a business conducted on a property to be acquired, or conducted on the remaining property which will be affected by the purchase of the required property, may be entitled to compensation for the loss of goodwill. Entitlement is contingent upon the business owners' ability to prove such loss in accordance with the provisions of Section 1263.510 and 1263.520 of the Code of Civil Procedure. 8. If you ultimately elect to reject this offer for the purchase of your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. Rev. 8-28-12 Comparable Sale Summary SEMPLE APPRAISALS, INC. Page 32 Address/AP# Land Sale Sale Description Area Date Price 1 Spring St. 7,471 s.f 6/17 $170,000 Avg. 13.24% slope San Rafael Flag lot 5,700 sf usable AP4013-134-44 2 22 Leona Dr. 21,837 s.f. 4/17 $279,000 Avg. 44.51% slope San Rafael Finished lot AP# 180-251-04 3 94 Via Navarro Ave. 111,248 s.f. 2/18 $300,000 Avg. 63.64% slope Greenbrae 2.55 acres REO sale AP4070-331-20 4 Sonora Way 41,304 s.f. 6/18 $300,000 Avg. 38.05% slope Corte Madera AP4026-143-13 10/17 $160,000 5 Greenwood Ave. 135,471 s.f. 1/17 $399,000 Avg. 44.98%-45.82% San Rafael 3.11 acres slope AP4012-320-09, 10 Sold for open space 2 lots — bay views 6 Sea Way 16,501 s.f. 4/18 $580,000 Avg. 2% slope San Rafael Near bay, view Mt. Tam AP4009-041-03 4/15 $425,000 SEMPLE APPRAISALS, INC. Page 32 EXHIBIT "A" APN 012-282-36 All that real property situate in the City of San Rafael, County of Marin, State of California, being a portion of the property described in the TRUST TRANSFER DEED to recorded JUNE 13, 2016 in Book 2016 at Page 0025941, Official Records of Marin County, more particularly described as: Beginning at the southeast corner of Lot 7 as shown on that MAP OF PICOLO VALLE recorded December 15,1878, in BOOK 17 of MAPS at PAGE 71, Official Records of Marin County, also being the northeast corner of Lot 8 as shown on said MAP OF PICOLO VALLE; thence along the southerly line of said Lot 7 South 83°36'17" West, 20.10 feet; thence leaving said southerly line North 12°06'15" West, 123.70 feet to the northerly line of said Lot 7; thence along said northerly line North 79°55'35" East, 14.62 feet to the west right of way of Southern Heights Boulevard; thence leaving said northerly line, along said west right of way the following two courses: 1. South 21°50'47" East, 31.83 feet 2. South 12°06'15" East, 124.99 feet to the Point of Beginning. Containing 2,403 square feet or 0.06 acres, more or less. Bearings and distances shown are based on the California Coordinate System 1983 (2011), Epoch 2010.00, Zone 3. Divide distances shown by 0.99993 to obtain ground level distances. This real property description has been prepared at Mark Thomas, by me, or under my direction, in conformance with the Pr essional Land Surveyors Act. SAMUEL R. MCINTYRE LS. 9313 SND SVA`\ F SAMUEL R. MCINTYRE No. 9313 \rFOF cAL�F°Q� June. I q 12015 Date LEGEND O.R. OFFICIAL RECORDS COUNTY OF MARIN POB POINT OF BEGINNING TCE TEMPORARY CONSTRUCTION EASEMENT o DIMENSION POINT ( ) RECORD DATA ® TICE AREA INS0'IINLRNHLIGII75&W EXISTING RIGHT OF WAY APIC- 011-131-320oc PROPERTY LINE 10GJ-021J68OR. --- TCE BOUNDARY - - - TIE NORTH LINE LOT 7 REFERENCES (1) BOOK 13 OF SURVEYS AT PAGE 16 (2) BOOK 17 OF MAPS AT PAGE 71 (3) BOOK 20 OF SURVEYS AT PAGE 14 LINE TABLE L-1 S21 50'47"E 31.83' L2 N79 5535"E 14.62' L3 S8336'17"W 20.10' rLAND SU�G�s- SAMUEL R. MCINTYRE JI. No. 9313 �Q 137.99 131•g6 TCE I PARCEL 4 2403 sf I 0.06 ac. I I NON DEVELOPMENT EASEMENT PER BK. I MAPS AT PAGE 71 I 65 PLfADNT LANE I APN. 011-182-36 I Dw 1016-0715941 OR I 8X. 17 MAPS AT PACE 71 LOT 7 I 0.73 aG 17 WESTERLY LINE PER BOOK 2450, PAGE 222 20.00 1 hF—L 1 NYV/MZ Z Cil �� ko csJ 20•p0' I 157.99 L3� 1POB SOUTHEAST CORNER OF LOT 7 ALSO BEING THE NORTHEAST CORNER OF LOT 8. PER (2) 1 qlF OF C p`\Eo�� I 1 75 PIfASMT LANE 11 APIC• 011-181-37 Dnc 1 Juv� 1� /201 1014-0714764 1 10T8 BEARINGS AND DISTANCES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983 (2011), EPOCH 2010.00, ZONE 3. DIVIDE DISTANCES SHOWN BY 0.99993 TO OBTAIN GROUND LEVEL DISTANCES. 126 07110 HEWIS & W APN.013-124-OS 0 20 40 e0 Feet SCALE 1 " = 40' EXHIBITIB U Temporary ■ ■ Construction Easement MARK THOMAS�n� Parcel #4 SAN RAFAEL Scale: 1" = 40' APN 012-282-36 THE CITY WITH A MISSION Date June 2018 In the City of San Rafael Drawn By MSW Checked By SRM Marin County, California PARCEL NO.: 012-282-36 PROJECT: Southern Heights Boulevard. Bridge Replacement OWNER: TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS AGREEMENT is made and entered into by and between dated January 25, 2016 (hereinafter called "Grantor"), and The City of San Rafael, a California municipal corporation (hereinafter called "City"), By way of this Agreement, Grantor grants to the City temporary construction easement rights for the purposes of facilitating bridge reconstruction, public street improvements and related purposes, in, on, over, under, through, along, and across that specific portion of Grantor's property located in the County of Merin, State of California, particularly described and depicted in Exhibits `'A" and "B" attached hereto (the Temporary Construction Easement Area"). In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for the temporary construction easement rights granted herein and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. City requires said temporary construction easement rights for bridge and road reconstruction purposes, a public use for which the City may exercise the power of eminent domain. Grantor is compelled to temporarily grant these rights, and the City is compelled to temporarily use these property rights. 3. Both Grantor and City recognize the expense, time, effort, and risk to both Grantor and City in determining the compensation for the temporary property rights by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation. 4. The City shall: (A) Pay the undersigned Grantor the sum of $2,044 as consideration in full for the temporary construction easement rights conveyed, for the loss, replacement and moving of any improvements, and for entering into this Agreement. Said sum shall be paid within thirty days of the date of City acceptance and execution of this Agreement. APN: 012-282-36 8/17/2018 Page 1 of 4 City of San HJA Agreement - TCE 5. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Agreement, the right of possession and use of the Temporary Construction Easement Area by the City, including the right to remove and dispose of improvements, shall commence on 10-31-2018 and terminate on 10-31-2020. Grantor shall have use of the Temporary Construction Easement Area until City takes physical possession. In case of unpredictable delays in construction, upon written notification, the term of this temporary construction easement may be extended by an amendment to this Temporary Construction Easement Agreement. In such case, Grantor shall be compensated based on the fair market value at the time of the extension. Payment shall be made to Grantor for the extension prior to the expiration of the original period. The City shall notify the Grantor at telephone number ( 72 hours prior to the commencement of actual construction or by 10 days written notice, first class mail, delivery deemed completed on date of mailing. 6. Grantor warrants that they are the owner in fee simple of the property upon which the Temporary Construction Easement Area is located, and that they have the exclusive right to grant use of the Temporary Construction Easement Area. 7. Grantor warrants that there are no oral or written leases on all or any portion of the property to be or with this temporary construction easement and Grantor further agrees to hold City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor. 8. In consideration of the City waiving the defects and imperfections in all matters of record title, Grantor covenants and agrees to indemnify and hold the City harmless from any and all claims that other parties may make or assert on the title to the premises. Grantor's obligation herein to indemnify the City shall not exceed the amount paid to Grantor under this contract. 9. City agrees to indemnify and holds harmless Grantor from any liability arising out of City operations under this Agreement. City further agrees to assume responsibility for any damages proximately caused by reason of City operations under this Agreement and City will, at its option, either repair or pay for such damage. 10. All work done under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner. All improvements shall be left in as good condition as found. 11. At no expense to the Grantor and at the time of construction, the City shall generally restore Grantor's property to a comparable or better condition as that which existed prior to the City's project construction, to the extent reasonably practical. Said restoration shall include the replacement of trees in accordance with project requirements in addition to fencing, landscaping and/or irrigation lines if affected. Grantor understands and agrees that after completion of construction, all fencing if any and improvements on Grantor's property will remain the sole property of Grantor and Grantor will be solely responsible for the maintenance and repair of such improvements. APN: 012-282-36 8/17/2018 Page 2 of 4 City of San Rafael/ HJA Agreement - TCE 12. Permission is hereby granted City or its authorized agent to enter upon the Temporary Construction Easement Area for the purpose of facilitating bridge reconstruction, public street improvements and related purposes, and for completing the construction contract work described in Clause 11 of this Agreement. 13. Grantor hereby represents and warrants that during the period of Grantor's ownership of the property there have been no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the property. Grantor further represents and warrant that Grantor has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous wastes, on, from, or under the property which may have occurred prior to Grantor taking title to the property. The payment being made in this transaction reflects the fair -market value of the property without the presence of contamination. If the Temporary Construction Easement Area is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the City may elect to recover its clean-up costs from those who caused or contributed to the contamination. 14. Grantor agrees to provide all required supplemental forms necessary to complete this transaction, including a W-9 Form required for payment processing. 15. This Agreement may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and delivery be deemed an original, and all such counterparts together shall constitute one and the same document. 16. This Agreement is subject to and conditioned upon approval and ratification by the City's Council. This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity. 17. This Agreement shall be binding upon and inure to the benefit of the heirs, devisees, executors, administrators, legal representatives, successors and assigns of the Grantor. 18. The Grantor agrees to fully disclose the existence of the Temporary Construction Easement and the City's project to any and all potential buyers in the event the Grantor should choose to sell the above described parcel during the term of the easement or after the acceptance of this Agreement. APN: 012-282-36 City of San HJA Agreement - TCE 8 Page 3 of 4 In Witness Whereof, the Parties have executed this agreement the day and year first above written. GRANTOR: CITY OF SAN RAFAEL By: Jim Schutz City Manager ATTEST: By: Lindsay Lara City Clerk APPROVED AS TO FORM: Date: Date: By: Date: Robert F. Epstein City Attorney CITY'S MAILING ADDRESS: City of San Rafael Department of Public Works 111 Morphew Street San Rafael, CA 94901 No Obligation Other Than Those Set Forth Herein Will Be Recognized APN: 012-282-36 City of San Rafael/ HJA Agreement - TCE 8/17/2018 Page 4of4 EXHIBIT "A" APN 012-282-36 All that real property situate in the City of San Rafael, County of Marin, State of California, being a portion of the property described in the TRUST TRANSFER DEED to recorded JUNE 13, 2016 in Book 2016 at Page 0025941, Official Records of Marin County, more particularly described as: Beginning at the southeast corner of Lot 7 as shown on that MAP OF PICOLO VALLE recorded December 15,1878, in BOOK 17 of MAPS at PAGE 71, Official Records of Marin County, also being the northeast corner of Lot 8 as shown on said MAP OF PICOLO VALLE; thence along the southerly line of said Lot 7 South 83°36'17" West, 20.10 feet; thence leaving said southerly line North 12°06'15" West, 123.70 feet to the northerly line of said Lot 7; thence along said northerly line North 79°55'35" East, 14.62 feet to the west right of way of Southern Heights Boulevard; thence leaving said northerly line, along said west right of way the following two courses: 1. South 21°50'47" East, 31.83 feet 2. South 12°06'15" East, 124.99 feet to the Point of Beginning. Containing 2,403 square feet or 0.06 acres, more or less. Bearings and distances shown are based on the California Coordinate System 1983 (2011), Epoch 2010.00, Zone 3. Divide distances shown by 0.99993 to obtain ground level distances. This real property description has been prepared at Mark Thomas, by me, or under my direction, in conformance with the Pr essional Land Surveyors Act. SZ77/� ` SAMUEL R. MCINTYRE LS. 9313 0 SAMUEL R. 9 MCINTYRE * No. 9313 \rFOF June I L' , Zols Date LEGEND O.R. OFFICIAL RECORDS COUNTY OF MARIN POB POINT OF BEGINNING TCE TEMPORARY CONSTRUCTION EASEMENT o DIMENSION POINT ( ) RECORD DATA ® TCE AREA 131 SaIRDW 0075 RW EXISTING RIGHT OF WAY ARM 011-2it-32Poc PROPERTY LINE 201J-02118 OR --- TCE BOUNDARY - - - TIE NORTH LINE LOT 7 REFERENCES (1) BOOK 13 OF SURVEYS AT PAGE 16 (2) BOOK 17 OF MAPS AT PAGE 71 (3) BOOK 20 OF SURVEYS AT PAGE 14 LINE TABLE Ll 521 50'47"E 31.83' L2 N79 5535'E 14.62' L3 S83 36'17"W 20.10' L 137.99 131.96' TCE PARCEL 4 I 2403 sf 1 0.06 ac. Z Y/1 1 NON DEVELOPMENT 1 EASEMENT PER BK. 17 I MAPS AT PAGE 71Qn 1 65 PLfAV#T LANE I kw- 012-282-36 1 Doc 1016-0025941 OR OX. 17 MAPS AT PAIS 71 1 LOT 1 2p.0p, i 0.73 0C WESTERLY LINE PER BOOK 2450, PAGE 222 20.00 1 1T --L 1 1 157.99 L3j �Q LAND S� 11 SOUTHEAST CORNER OF SAMUEL R. I LOT 7 ALSO BEING THE MCINTYRE I NORTHEAST CORNER OF �c I LOT 8. PER (2) JI. No. 9313 � qlF OF C A`\ 11 75 PLEASANT LANE APIC- 012-282-37 Doc 1 Zo 1� 2014-0024764 LOT 8 BEARINGS AND DISTANCES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983 (2011), EPOCH 2010.00, ZONE 3. DIVIDE DISTANCES SHOWN BY 0.99993 TO OBTAIN GROUND LEVEL DISTANCES. 126 SODDIEBN 0WIS &W APIC- 013-124-05 1,7D b 0 20 40 80 Feet SCALE 1"=40' EXHIBIT B U Temporary ■ ■ Construction Easement MARK THOMAS Parcel #4°" SAN RAFAEL Scale: 1" = 40' APN 012-282-36 THE CITY wrrH A MISSION Date June 2018 In the City of San Rafael i Drawn By MSW Checked By SRM Marin County, California {�7 HAMNER, JEWELL & ASSOCIATES HA WER Government Real Estate Services Right of Way Acquisition Relocation Assistance — Real Property Consulting JEWELL Offices in Ventura, San Luis Obispo and Fresno Counties Writer's Telephone Number. (559) 412-8710 ssocuns Writer's email address: gmorales(abham ner-iewell.corn August , 2018 Personally Delivered [Certified mail if cannot be personally delivered] 201 Mariners View Street La Canada Flintridge, CA 91011 Subject: City of San Rafael — Southern Heights Boulevard Bridge Replacement Project Acq. AN 012-282-37 ( Dear Mr. This is to formally present you with an offer on behalf of the City of Rafael to purchase a temporary construction easement on your property located in San Rafael, California. As you are aware, purchase by the City is necessary in conjunction with the proposed Southern Heights Boulevard Bridge Replacement Project. To ensure that fair market value is offered to you for the purchase of this easement, an independent appraisal has been made. That appraisal has taken into consideration the highest and best use of the affected property, the size of the land, any improvement located thereon, and all other factors that affect fair market value. On the attached Appraisal Summary Statement, the total compensation figure of $3,792 represents the fair market value of the easement, as established by this recent independent appraisal, and is the amount of the City's offer to you for the purchase of this easement. Your ongoing cooperation for access to the property for these inspections and assessments is appreciated. These inspections will be conducted at the City's expense. The City hereby offers to purchase the easement for the full amount offered, subject to you conveying the easement to City free and clear of all liens and encumbrances other than public utility easements and public rights of way. The City would pay all usual and necessary escrow, title, transfer, and recording fees associated with this purchase. Corporate and San Luis Obispo County Office 530 Paulding Circle, Suite A, Arroyo Grande, CA 93420 (805) 773-1459 Ventura County Office 1476 Market Street, Suite 601, Ventura, CA 93003 (805) 658-8844 Central Valley Office 6051 N. Fresno Street, Suite 106, Fresno, CA 93710 (559) 412-8710 Laurence P. Lubka, Trustee August , 2018 Paee 2 of 2 We hope that you will find this offer acceptable and representative of just compensation and look forward to working with you to finalize this purchase. As the City's authorized representative, I would be happy to work with you and assist in finalizing an agreement in any way I can. If you have any questions regarding this offer, please contact me at (559) 412-8710. 1 look forward to your response. Sincerely, Gio Morales Right of Way Agent California Real Estate License 401492928 Enclosures: Appraisal Summary Statement Agreement for TCE Appraisal Pamphlet "When a Public Agency Acquires Your Property" Title VI Form cc w/encl: Hunter Young, P.E. - City of San Rafael: hunter. young2c ityofsanrafael. org Dan Blomquist, P.E.- Mark Thomas: dblomquistgmarkthomas.com Julie Passalacqua, P.E.- Mark Thomas: dblomquist@markthomas.com Pate 1 of 4 AP# 012-282-37 APP1tAISAL SUMMARY STATEMENT BASIC DATA PROJECT: ASSESSOR'S PARCEL NO. (AP#) OWNER: PROPERTY LOCATION: APPLICABLE ZONING: CURRENT USE OF SUBJECT PROPERTY: HIGHEST AND BEST USE OF SUBJECT PROPERTY: DATE OF VALUATION: TOTAL PROPERTY AREA: PROPERTY TO BE ACQUIRED: Temporary Construction Easement: IMPROVEMENTS TO BE ACQUIRED: BASIS OF APPRAISAL City of San Rafael — Southern Heights Boulevard Bridge Replacement Project 012-282-37 75 Pleasant Lane, San Rafael, CA R10 -Single family residential P/OS-Parks/open space district Single family residence Present Use July 2, 2018 42,700 sq. ft. ALL [ ] PART [ X ] 6,910 sq. ft. None The market value for the property to be acquired is based upon an appraisal done by a certified and state - licensed appraiser, which was prepared in accordance with accepted appraisal principles and procedures. Recent sales of comparable properties, income data, and depreciated replacement costs are utilized as appropriate. Full consideration is given to zoning, development potential, and the income that the subject property is capable of producing. There are three approaches to value: 1. The Market Approach for the subject property is based on the consideration of comparable sales which sold within a reasonable time prior to the date of valuation, at a range of $2.69 to $35.14 per square foot. The principal transactions used as comparable sales relied upon as the basis for supporting the determination of value are attached to this Appraisal Summary Statement. 2. The Cost Approach is based in part on a replacement cost new of improvements, less depreciation. This approach was not utilized in this analysis since no structural improvements will be affected. The Income Approach is based upon consideration of the income producing potential of the property. This approach was not utilized in this valuation process as it was deemed inapplicable to this specific case. Page 2 of 4 AP# 012-282-37 VALUATION Temporary Construction Easement: 6,910 sq. ft. @ $2.744 per sq. ft. x 10%' per annum x 2 years = $3,792 Improvements: None Severance Damages: Benefits: Total Land Value: Total Improvement Value: $0 $0 Total Net Damages/Benefits: Total Just Compensation for this Acquisition: $3,792 $ 0 $ 0 $3,792 THREE THOUSAND SEVEN HUNDRED NINETY-TWO DOLLARS ($3,792) This summary of the basis of the amount offered as just compensation is presented in compliance with federal and state laws and has been derived from a formal appraisal prepared by a certified and state - licensed real estate appraiser, which includes supporting sales data and other documentation. The appraisal is hereby confirmed approved and accepted by this agency and a purchase offer based thereon is hereby approved and authorized. City of San Rafael Approved for Purchase Offer and Acquisition: By: Date Jim Schu z City ager Att: Comparable Sale List Legal Descriptions and Plats of Property Rights to be Acquired Page 3 of 4 AP# 012-282-37 SUMMARY STATEMENT RELATING TO PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN Project: City of San Rafael - Southern Heights Boulevard Bridge Replacement AP#: 012-282-37 ( The City of San Rafael is proposing to replace the Southern Heights Boulevard Bridge. Your property, located at 75 Pleasant Lane in San Rafael, is within the project area and identified by your County Assessor as Parcel Number 012-282-37. Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the California Relocation Assistance and Real Property Acquisition Guidelines requires that each owner from whom the City purchases real property or an interest therein or each tenant owning improvements on said property be provided with a summary of the appraisal of the real property or interest therein, as well as the following information: 1. You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 2. The City will offer to purchase any remnant(s) considered by the City to be an uneconomic unit(s) which is/(are) owned by you or, if applicable, occupied by you as a tenant and which is/(are) contiguous to the land being conveyed. 3. All buildings, structures, and other improvements affixed to the land described in the referenced document(s) covering this transaction and owned by the grantor(s) herein or, if applicable, owned by you as a tenant, are being conveyed unless other disposition of these improvements has been made. The interests being acquired include 6,910 square feet in temporary construction easement as described in the attached agreement. 4. The market value of the property being purchased is based upon a market value appraisal which is summarized on the attached Appraisal Summary Statement and such amount: a. Represents the full amount of the appraisal of just compensation for the property to be purchased; b. Is not less than the approved appraisal of the fair market value of the property as improved; C. Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the public improvement for which the property is being acquired or by the likelihood that the property would be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and d. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the City. Page 4 of 4 AP# 012-282-37 5. Pursuant to Civil Code of Procedure Section 1263.025, should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs of such an appraisal up to a maximum of $5,000 subject to the following conditions: a. You, not the City, must order the appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to your contract with an appraiser. b. The selected appraiser must be licensed with the California Office of Real Estate Appraisers (OREA). It is also recommended that such appraiser be experienced and qualified in the appraisal of easements if this offer is to purchase easements rather than the fee interest in your property. c. Within 30 days of your receipt of this offer, you must notify the City of your intent to obtain an independent appraisal. d. Appraisal cost reimbursement requests must be made in writing, and submitted to the City within 30 days of your receipt of the independent appraisal and no later than 120 days of your receipt of this offer. Copies of the contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concurrent with submission of the appraisal cost reimbursement request. The appraisal costs must be reasonable and justifiable. 6. No person in the United States of America shall, on the grounds of race, color, national origin, sex, age, or disability be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination under any City programs or activities. If federal funding is being utilized in the project for which your property is being sought, notice is hereby provided that it is the policy of the City to assure full compliance with Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, and related statutes and regulations, in all programs and activities undertaken by the City. Any person who believes they have been subjected to unlawful discriminatory practice under Title VI has a right to file a formal complaint with the City. 7. The owner of a business conducted on a property to be acquired, or conducted on the remaining property which will be affected by the purchase of the required property, may be entitled to compensation for the loss of goodwill. Entitlement is contingent upon the business owners' ability to prove such loss in accordance with the provisions of Section 1263.510 and 1263.520 of the Code of Civil Procedure. 8. If you ultimately elect to reject this offer for the purchase of your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. Rev. 8-28-12 Comparable Sale Summary SEMPLE APPRAISALS, INC. Page 32 Address/AP# Land Sale Sale Description Area Date Price 1 Spring St. 7,471 s.f. 6/17 $170,000 Avg. 13.24% slope San Rafael Flag lot 5,700 sf usable AP4013-134-44 2 22 Leona Dr. 21,837 s.f. 4/17 $279,000 Avg. 44.51 % slope San Rafael Finished lot AP4180-251-04 3 94 Via Navarro Ave. 111,248 s.f. 2/18 $300,000 Avg. 63.64% slope Greenbrae 2.55 acres REO sale AP4070-331-20 4 Sonora Way 41,304 s.f. 6/18 $300,000 Avg. 38.05% slope Corte Madera AP4026-143-13 10/17 $160,000 5 Greenwood Ave. 135,471 s.f. 1/17 $399,000 Avg. 44.98%-45.82% San Rafael 3.11 acres slope AP#012-320-09, 10 Sold for open space 2 lots -- bay views 6 Sea Way 16,501 s.f. 4/18 $580,000 Avg. 2% slope San Rafael Near bay, view Mt. Tam AP4009-041-03 4/15 $425,000 SEMPLE APPRAISALS, INC. Page 32 EXHIBIT "A" APN 012-282-37 All that real property situate in the City of San Rafael, County of Marin, State of California, being a portion of the property described in the GRANT DEED to dated November 21,1997 as amended and restated on May 13, 2013, recorded June 16, 2014 in Book 2014 at Page 0024764, Official Record of Marin County, more particularly described as: Beginning at the southeast corner of said GRANT DEED, also being the southeast corner of Lot 8 & 9 as shown on that MAP OF PICOLO VALLE recorded December 15,1878, in BOOK 17 of MAPS at PAGE 71, Official Records of Marin County, thence along southwesterly line, North 61°46'53" West, 26.23 feet; thence leaving said southwesterly line, North 12°06'15" West, 94.37 feet; thence North 78°52'37" West, 91.45 feet; thence North 11°07'23" East, 20.00 feet; thence South 78°52'37" East, 82.87 feet; thence North 12°06'15" West, 134.74 feet to the north line of said GRANT DEED, also being the south line of said Lot 9; thence along said north line North 83°36'17" East, 20.10 feet to the west right of way line of Southern Heights Boulevard, thence South 12°06'15" West, 265.85 feet along said west right of way line to the Point of Beginning. Containing 6,910 square feet or 0.16 acres, more or less. Bearings and distances shown are based on the California Coordinate System 1983 (2011), Epoch 2010.00, Zone 3. Divide distances shown by .99993 to obtain ground level distances. This real property description has been prepared at Mark Thomas, by me, or under my direction, in conformance with the Professional Land Surveyors Act. 65-�- SAMUEL R. MCINTYRE LS. 9313 SAMUEL R. 9 MCINTYRE No.9313 \Q \� op C A\-\F'o June. ILA /2-01B Date LEGEND O.R. OFFICIAL RECORDS COUNTY OF MARIN 65P1fASANTLdF o DIMENSION POINT AR. 012-282-J6 ( ) RECORD DATA Doc Z-0415880.9 � ® TICE AREA LOT L3 EXISTING RIGHT OF WAY PROPERTY LINE157.99' SOUTH LINE --- TCE BOUNDARY L 7 OT 14 SAMUEL R. MCINTYRE sj9l�No. C31 \ �/ OF A� .lune- N1 2,018 SOUTHWESTERLY LINE LOT 8 LINE TABLE L1 N61 '46'53"W 26.23' L2 N11 07'23"E 20.00' L3 N83 ;36'17"E 20.10' IO zZ 20.00, O 0) N C 90 P1fASANT LANE APA!• 012-282-40 0 20 40 80 Air M1-00'16 OR Feet ff 179APSATPAW 71 POB SCALE 1" = 40' LOTS NORTHEAST CORNER BEARINGS AND DISTANCES SHOWN ARE BASED ON THE DOC.87-81345 ALSO BEING CALIFORNIA COORDINATE SYSTEM OF 1983 (2011), THE SOUTHEAST CORNER EPOCH 2010.00, ZONE 3. DIVIDE DISTANCES SHOWN BY OF LOTS 8 & 9 PER (2) 0.99993 TO OBTAIN GROUND LEVEL DISTANCES. EXHIBIT B U Temporary ■ ■ Construction Easement MARK THONAS��a� Parcel #3 SAN RAFAEL Scale: 1" = 40' APN 012-282-37 THE CITY WITH AMISSION Date June 2018 In the City of San Rafael Drawn By MSW Checked By SRM Marin County, California PARCEL NO.: 012-282-37 PROJECT: Southern Heights Boulevard Bridge Replacement OWNER: TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS AGREEMENT is made and entered into by and between dated November 21,1997 as amended and restated on May 13, 2013 (hereinafter called "Grantor"), and The City of San Rafael, a California municipal corporation (hereinafter called "City"), By way of this Agreement, Grantor grants to the City temporary construction easement rights for the purposes of facilitating bridge reconstruction, public street improvements and related purposes, in, on, over, under, through, along, and across that specific portion of Grantor's property located in the County of Merin, State of California, particularly described and depicted in Exhibits "A" and "B" attached hereto (the Temporary Construction Easement Area"). In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for the temporary construction easement rights granted herein and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. City requires said temporary construction easement rights for bridge and road reconstruction purposes, a public use for which the City may exercise the power of eminent domain. Grantor is compelled to temporarily grant these rights, and the City is compelled to temporarily use these property rights. 3. Both Grantor and City recognize the expense, time, effort, and risk to both Grantor and City in determining the compensation for the temporary property rights by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation. 4. The City shall: (A) Pay the undersigned Grantor the sum of $3,792 as consideration in full for the temporary construction easement rights conveyed, for the loss, replacement and moving of any improvements, and for entering into this Agreement. Said sum shall be paid within thirty days of the date of City acceptance and execution of this Agreement. APN: 012-282-37 City of San Rafael/ Trust/HJA Agreement - TCE 8/17/2018 Page 1 of It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Agreement, the right of possession and use of the Temporary Construction Easement Area by the City, including the right to remove and dispose of improvements, shall commence on October 31, 2018 and terminate on October 31, 2020. Grantor shall have use of the Temporary Construction Easement Area until City takes physical possession. In case of unpredictable delays in construction, upon written notification, the term of this temporary construction easement may be extended by an amendment to this Temporary Construction Easement Agreement. In such case, Grantor shall be compensated based on the fair market value at the time of the extension. Payment shall be made to Grantor for the extension prior to the expiration of the original period. The City shall notify the Grantor at telephone number ( 72 hours prior to the commencement of actual construction or by 10 days written notice, first class mail, delivery deemed completed on date of mailing. 6. Grantor warrants that they are the owner in fee simple of the property upon which the Temporary Construction Easement Area is located, and that they have the exclusive right to grant use of the Temporary Construction Easement Area. 7. Grantor warrants that there are no oral or written leases on all or any portion of the property to be encumbered with this temporary construction easement and Grantor further agrees to hold City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor. 8. In consideration of the City waiving the defects and imperfections in all matters of record title, Grantor covenants and agrees to indemnify and hold the City harmless from any and all claims that other parties may make or assert on the title to the premises. Grantor's obligation herein to indemnify the City shall not exceed the amount paid to Grantor under this contract. 9. City agrees to indemnify and holds harmless Grantor from any liability arising out of City operations under this Agreement. City further agrees to assume responsibility for any damages proximately caused by reason of City operations under this Agreement and City will, at its option, either repair or pay for such damage. 10. All work done under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner. All improvements shall be left in as good condition as found. 11. At no expense to the Grantor and at the time of construction, the City shall generally restore Grantor's property to a comparable or better condition as that which existed prior to the City's project construction, to the extent reasonably practical. Said restoration shall include the replacement of trees in accordance with project requirements in addition to fencing, landscaping and/or irrigation lines, if affected. Grantor understands and agrees that after completion of construction, all fencing and improvements on Grantor's property will remain the sole property of Grantor and Grantor will be solely responsible for the maintenance and repair of such improvements. APN: 012-282-37 City of San Rafael/ HJA Agreement - TCE 8/17/2018 Page 2of4 12. Permission is hereby granted City or its authorized agent to enter upon the Temporary Construction Easement Area for the purpose of facilitating bridge reconstruction, public street improvements and related purposes, and for completing the construction contract work described in Clause 11 of this Agreement. 13. Grantor hereby represents and warrants that during the period of Grantor's ownership of the property there have been no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the property. Grantor further represents and warrant that Grantor has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous wastes, on, from, or under the property which may have occurred prior to Grantor taking title to the property. The payment being made in this transaction reflects the fair -market value of the property without the presence of contamination. If the Temporary Construction Easement Area is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the City may elect to recover its clean-up costs from those who caused or contributed to the contamination. 14. Grantor agrees to provide all required supplemental forms necessary to complete this transaction, including a W-9 Form required for payment processing. 15. This Agreement may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and delivery be deemed an original, and all such counterparts together shall constitute one and the same document. 16. This Agreement is subject to and conditioned upon approval and ratification by the City's Council. This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity. 17. This Agreement shall be binding upon and inure to the benefit of the heirs, devisees, executors, administrators, legal representatives, successors and assigns of the Grantor. 18. The Grantor agrees to frilly disclose the existence of the Temporary Construction Easement and the City's project to any and all potential buyers in the event the Grantor should choose to sell the above described parcel during the term of the easement or after the acceptance of this Agreement. APN: 012-282-37 City of San Rafael/ HJA Agreement - TCE 8/17/2018 Page 3of4 In Witness Whereof, the Parties have executed this agreement the day and year first above written. GRANTOR: CITY OF SAN RAFAEL By: Jim Schutz City Manager ATTEST: as Lindsay Lara City Clerk APPROVED AS TO FORM: Date: Date: Date: By: _ __ Date: Robert F. Epstein City Attorney CITY'S MAILING ADDRESS: City of San Rafael Department of Public Works 111 Morphew Street San Rafael, CA 94901 No Obligation Other Than Those Set Forth Herein Will Be Recognized APN: 012-282-37 City of San Rafael/ HJA Agreement - TCE 8/17/2018 Page 4of4 EXHIBIT "A" APN 012-282-37 All that real property situate in the City of San Rafael, County of Marin, State of California, being a portion of the property described in the GRANT DEED to dated November 21,1997 as amended and restated on May 13, 2013, recorded June 16, 2014 in Book 2014 at Page 0024764, Official Record of Marin County, more particularly described as: Beginning at the southeast corner of said GRANT DEED, also being the southeast corner of Lot 8 & 9 as shown on that MAP OF PICOLO VALLE recorded December 15,1878, in BOOK 17 of MAPS at PAGE 71, Official Records of Marin County, thence along southwesterly line, North 61°46'53" West, 26.23 feet; thence leaving said southwesterly line, North 12°06'15" West, 94.37 feet; thence North 78°52'37" West, 91.45 feet; thence North 11°07'23" East, 20.00 feet; thence South 78°52'37" East, 82.87 feet; thence North 12°06'15" West, 134.74 feet to the north line of said GRANT DEED, also being the south line of said Lot 9; thence along said north line North 83°36'17" East, 20.10 feet to the west right of way line of Southern Heights Boulevard, thence South 12°06'15" West, 265.85 feet along said west right of way line to the Point of Beginning. Containing 6,910 square feet or 0.16 acres, more or less. Bearings and distances shown are based on the California Coordinate System 1983 (2011), Epoch 2010.00, Zone 3. Divide distances shown by .99993 to obtain ground level distances. This real property description has been prepared at Mark Thomas, by me, or under my direction, in conformance with the Professional Land Surveyors Act. �:- xll-� SAMUEL R. MCINTYRE LS. 9313 ,LAND SUR�'F� v SAMUEL R. 9 MCINTYRE * No. 9313 IZ4Q June- 1`A , zo18 Date LEGEND 0. R. OFFICIAL RECORDS COUNTY OF MARIN o DIMENSION POINT 65PLE012-28-J6 AN 012-181-.i6 1 ( ) RECORD DATA Doc 96-04158809 1 ® TCE AREA LOT L3 EXISTING RIGHT OF WAY PROPERTY LINE 157'99 SOUTH LINE --- TICE BOUNDARY WIDE PG&E EASEMENT APIC• 011-181-31 PER BK.3635, PG.527 0. R. Doc 1014-0014764 U`-✓ I Blf. 17 MAPS AT PA6F 71 V I LOT 8 REFERENCES NON 1.00 x 4" ) (1) BOOK 13 OF SURVEYS I DEVELOPMENT S7,9 4 AT PAGE 16 I EASEMEPER NT 17 � 3jpif 82 87' J (2) BOOK 17 OF MAPS I MAPS . AT PAGE 71 PAGE 71 (3) BOOK 20 OF SURVEYS I T N28523 �W AT PAGE 14 CE 97.45' PARCEL 3 LAND s� 6910 sf 0.16 ac 0 00' SAMUEL R. MCINTYRE �fgTF OF 931 A13 NN- OF P :-/hle- 3L'nf-N1WIS SOUTHWESTERLY LINE LOT 8 LINE TABLE L-1 N61 '46'53"W 26.23' L2 N11 07'23"E 20.00' L3 N83 36'17"E 20.10' 2• x.98, zZ 90 PLEASANT LANE ARM 011-182-40 0 20 40 80 1x 1D01-M'184g OR Feet ff 17NAPSATPA0171 POB SCALE 1"=40' LOTS NORTHEAST CORNER BEARINGS AND DISTANCES SHOWN ARE BASED ON THE DOC.87-81345 ALSO BEING CALIFORNIA COORDINATE SYSTEM OF 1983 (2011), THE SOUTHEAST CORNER EPOCH 2010.00, ZONE 3. DIVIDE DISTANCES SHOWN BY OF LOTS 8 & 9 PER (2) 0.99993 TO OBTAIN GROUND LEVEL DISTANCES. EXHIBIT B U Temporary ■ ■ Construction Easement MARK THOMAS Parcel #3 �'� SAN RAFAEL Scale: 1" = 40' APN 012-282-37 THE CITY WITH AMISSION Date June 2018 In the City of San Rafael Drawn By MSW Checked By SRM Marin County, California JFI* ,� HAMNER, JEWELL & ASSOCIATES A.MNER Government Real Estate Services Right of Way Acquisition Relocation Assistance Real Property Consulting JEWELL Offices in Ventura, San Luis Obispo and Fresno Counties Writer's Telephone Number. (559) 412-8710 SSoCN�S Writer's email address: gmorales(cDham ner-iewell.com August , 2018 Personally Delivered [Certified mail if cannot be personally delivered] 90 Pleasant Lane San Rafael, CA 94901 Subject: City of San Rafael — Southern Heights Boulevard Bridge Replacement Project Acq. AP# 012-282-40 ( Dear Ms. This is to formally present you with an offer on behalf of the City of Rafael to purchase a temporary construction easement on your property located at 90 Pleasant Lane, San Rafael, California. As you are aware, purchase by the City is necessary in conjunction with the proposed Southern Heights Boulevard Bridge Replacement Project. To ensure that fair market value is offered to you for the purchase of this easement, an independent appraisal has been made. That appraisal has taken into consideration the highest and best use of the affected property, the size of the land, any improvement located thereon, and all other factors that affect fair market value. On the attached Appraisal Summary Statement, the total compensation figure of $1,000 represents the fair market value of the easement, as established by this recent independent appraisal, and is the amount of the City's offer to you for the purchase of this easement. Your ongoing cooperation for access to the property for these inspections and assessments is appreciated. These inspections will be conducted at the City's expense. The City hereby offers to purchase the easement for the full amount offered, subject to you conveying the easement to City free and clear of all liens and encumbrances other than public utility easements and public rights of way. The City would pay all usual and necessary escrow, title, transfer, and recording fees associated with this purchase. Corporate and San Luis Obispo County Office 530 Paulding Circle, Suite A, Arroyo Grande, CA 93420 (805) 773-1459 Ventura County Office 4.176 Market Sheet, Suite 601. Ventura, CA 93003 (805) 658-8844 Central Valley Office 6051 N. Fresno Street, Suite 106, Fresno, CA 93710 (559) 412-8710 Nita B. Lederman, Trustee August _, 2018 Page 2 of 2 We hope that you will find this offer acceptable and representative of just compensation and look forward to working with you to finalize this purchase. As the City's authorized representative, I would be happy to work with you and assist in finalizing an agreement in any way I can. If you have any questions regarding this offer, please contact me at (866) 585-1330. 1 look forward to your response. Sincerely, Gio Morales Right of Way Agent California Real Estate License 901492928 Enclosures: Appraisal Summary Statement Agreement for TCE Appraisal Pamphlet "When a Public Agency Acquires Your Property" Title VI Form cc Wencl: Hunter Young, P.E. - City of San Rafael: hunter. young n,cityofsanrafae1.org Dan Blomquist, P.E.- Mark Thomas: dblomquist@markthomas.com Julie Passalacqua, P.E.- Mark Thomas: dblomquist a,markthomas.com Page 1 of 4 AP# 012-282-40 APPRAISAL SUMMARY STATEMENT BASIC DATA PROJECT: ASSESSOR'S PARCEL NO. (AP#): OWNER: PROPERTY LOCATION: APPLICABLE ZONING: CURRENT USE OF SUBJECT PROPERTY: HIGHEST AND BEST USE OF SUBJECT PROPERTY: DATE OF VALUATION: TOTAL PROPERTY AREA: PROPERTY TO BE ACQUIRED: Temporary Construction Easement: IMPROVEMENTS TO BE ACQUIRED BASIS OF APPRAISAL City of San Rafael -- Southern Heights Boulevard Bridge Replacement Project 012-282-40 90 Pleasant Lane, San Rafael, California R10 -single family residential P/OS-parks/open space district Single family resident Present use July 2, 2018 31,800 sq. ft. ALL [ ] PART [ X ] 163 sq. ft. None The market value for the property to be acquired is based upon an appraisal done by a certified and state - licensed appraiser, which was prepared in accordance with accepted appraisal principles and procedures. Recent sales of comparable properties, income data, and depreciated replacement costs are utilized as appropriate. Full consideration is given to zoning, development potential, and the income that the subject property is capable of producing. There are three approaches to value: 1. The Market Approach for the subject property is based on the consideration of comparable sales which sold within a reasonable time prior to the date of valuation, at a range of $2.69 to $35.14. The principal transactions used as comparable sales relied upon as the basis for supporting the determination of value are attached to this Appraisal Summary Statement. 2. The Cost Approach is based in part on a replacement cost new of improvements, less depreciation. This approach was not utilized in this analysis since no structural improvements will be affected. 3. The Income Approach is based upon consideration of the income producing potential of the property. This approach was not utilized in this valuation process as it was deemed inapplicable to this specific case. Paine 2 of 4 AP# 012-282-40 VALUATION Temporary Construction Easement: 163 sq. ft. @ $9.386 per sq. ft. x 10% per annum x 2 years =- (rounded) $306 Improvements: None Severance Damages: None Benefits: None Total Land Value: $ 306 Total Improvement Value: $ Total Net Damages/Benefits: $ 0 $ 306 Total Just Compensation for this Acquisition: (Nominal) $1,000 ONE THOUSAND DOLLARS ($1,000) This summary of the basis of the amount offered as just compensation is presented in compliance with federal and state laws and has been derived from a formal appraisal prepared by a certified and state - licensed real estate appraiser, which includes supporting sales data and other documentation. The appraisal is hereby confirmed approved and accepted by this agency and a purchase offer based thereon is hereby approved and authorized. City of San Rafael Approved for Purchase Offer and Acquisition: By:N-'r-04:rDate: JiSchu Cit, ager Att: Comparable Sale List Legal Descriptions and Plats of Property Rights to be Acquired Page 3 of 4 AP# 012-282-40 SUMMARY STATEMENT RELATING TO PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN Project: City of San Rafael - Southern Heights Boulevard Bridge Replacement AP#: 012-282-40 ( The City of San Rafael is proposing to replace the Southern Heights Boulevard Bridge. Your property, located at 90 Pleasant Lane, San Rafael, is within the project area and identified by your County Assessor as Parcel Number 012-282-40. Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the California Relocation Assistance and Real Property Acquisition Guidelines requires that each owner from whom the City purchases real property or an interest therein or each tenant owning improvements on said property be provided with a summary of the appraisal of the real property or interest therein, as well as the following information: 1. You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 2. The City will offer to purchase any remnant(s) considered by the City to be an uneconomic unit(s) which is/(are) owned by you or, if applicable, occupied by you as a tenant and which is/(are) contiguous to the land being conveyed. All buildings, structures, and other improvements affixed to the land described in the referenced document(s) covering this transaction and owned by the grantor(s) herein or, if applicable, owned by you as a tenant, are being conveyed unless other disposition of these improvements has been made. The interests being acquired include 163 square feet in temporary construction easement as described in the attached agreement. 4. The market value of the property being purchased is based upon a market value appraisal which is summarized on the attached Appraisal Summary Statement and such amount: a. Represents the full amount of the appraisal of just compensation for the property to be purchased; b. Is not less than the approved appraisal of the fair market value of the property as improved; C. Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the public improvement for which the property is being acquired or by the likelihood that the property would be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and d. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the City. Pie 4 of 4 AP# 012-282-40 5. Pursuant to Civil Code of Procedure Section 1263.025, should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs of such an appraisal up to a maximum of $5,000 subject to the following conditions: a. You, not the City, must order the appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to your contract with an appraiser. b. The selected appraiser must be licensed with the California Office of Real Estate Appraisers (OREA). It is also recommended that such appraiser be experienced and qualified in the appraisal of easements if this offer is to purchase easements rather than the fee interest in your property. c. Within 30 days of your receipt of this offer, you must notify the City of your intent to obtain an independent appraisal. d. Appraisal cost reimbursement requests must be made in writing, and submitted to the City within 30 days of your receipt of the independent appraisal and no later than 120 days of your receipt of this offer. Copies of the contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concurrent with submission of the appraisal cost reimbursement request. The appraisal costs must be reasonable and justifiable. 6. No person in the United States of America shall, on the grounds of race, color, national origin, sex, age, or disability be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination under any City programs or activities. If federal funding is being utilized in the project for which your property is being sought, notice is hereby provided that it is the policy of the City to assure full compliance with Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, and related statutes and regulations, in all programs and activities undertaken by the City. Any person who believes they have been subjected to unlawful discriminatory practice under Title VI has a right to file a formal complaint with the City. 7. The owner of a business conducted on a property to be acquired, or conducted on the remaining property which will be affected by the purchase of the required property, may be entitled to compensation for the loss of goodwill. Entitlement is contingent upon the business owners' ability to prove such loss in accordance with the provisions of Section 1263.510 and 1263.520 of the Code of Civil Procedure. 8. If you ultimately elect to reject this offer for the purchase of your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. Rev. 8-28-12 Comparable Sale Summary SEMPLE APPRAISALS, INC. Page 32 Address/AP# Land Sale Sale Description Area Date Price 1 Spring St. 7,471 s.f. 6/17 $170,000 Avg. 13.24% slope San Rafael Flag lot 5,700 sf usable AP4013-134-44 2 22 Leona Dr. 21,837 s.f. 4/17 $279,000 Avg. 44.51% slope San Rafael Finished lot AP# 180-251-04 3 94 Via Navarro Ave. 111,248 s.f. 2/18 $300,000 Avg. 63.64% slope Greenbrae 2.55 acres REO sale AP4070-331-20 4 Sonora Way 41,304 s.f. 6/18 $300,000 Avg. 38.05% slope Corte Madera AP4026-143-13 10/17 $160,000 5 Greenwood Ave. 135,471 s.f. 1/17 $399,000 Avg. 44.98%-45.82% San Rafael 3.11 acres slope AP4012-320-09, 10 Sold for open space 2 lots — bay views 6 Sea Way 16,501 s.f. 4/18 $580,000 Avg. 2% slope San Rafael Near bay, view Mt. Tam AP4009-041-03 4/15 $425,000 SEMPLE APPRAISALS, INC. Page 32 EXHIBIT "A" APN 012-282-40 All that real property situate in the City of San Rafael, County of Marin, State of California, being a portion of PARCEL ONE described in the TRUST TRANSFER DEED to Trustee, or her successors in trust, under the dated July 5,2001, and any amendments thereto, recorded September 24, 2001 in Book 2001 at Page 0061899, Official Records of Marin County, more particularly described as: Beginning at the northeast corner of the Grant Deed to DON LANDER DAGLOW and MARTA GALVAN DAGLOW, recorded December 24,1987 in Book 1987 at Page 0081345, Official Records of Marin County, also being the southeast corner of Lots 8 & 9 as shown on that MAP OF PICOLO VALLE recorded December 15, 1878, in BOOK 17 of MAPS at PAGE 71, Official Records of Marin County; thence along the southerly line of said Lot 9 South 79°55'35" West, 20.01' feet; thence leaving said southerly line North 12°06'15" West, 16.27 feet to the southwesterly line of Lot 8 as shown on said MAP OF PICOLO VALLE; thence along said southwesterly line South 61°46'53" East, 26.23 feet to the Point of Beginning. Containing 163 square feet. Bearings and distances shown are based on the California Coordinate System 1983 (2011), Epoch 2010.00, Zone 3. Divide distances shown by 0.99993 to obtain ground level distances. This real property description has been prepared at Mark Thomas, by me, or under my direction, in conformance with the Professional Land Surveyors Act. SAMUEL R. MCINTYRE LS. 9313 SND SVA\ F \�@ X09 SAMUEL R. MCINTYRE No. 9313 OF ,1,,vke_ lLA , Za i2) Date LEGEND O.R. OFFICIAL RECORDS COUNTY OF MARIN POB POINT OF BEGINNING TICE TEMPORARY CONSTRUCTION EASEMENT o DIMENSION POINT ( ) RECORD DATA ® TICE AREA EXISTING RIGHT OF WAY PROPERTY LINE --- TCE BOUNDARY NOTE: SUBJECT TO A 5' WIDE PG&E EASEMENT PER BK.3635, PG.527 REFERENCES r 1 1 LOT 7 1 C3 c M z / SOUTH LINE) , LOT 7 1 1 LINE TABLE r O.R. r L-1 S79 55'35 "W 20.01' r t L2 N12 06'15"W 16.27' 1 r 1 1 L3 S61 4653"E 26.23' 1 1 � 1 1 (1) BOOK 13 OF SURVEYS AT PAGE 16 (2) BOOK 17 OF MAPS AT PAGE 71 (3) BOOK 20 OF SURVEYS Doc 2071-0f'l&49 O.R. AT PAGE 14 NON DEVELOPMENT-,.,75PLfASANTL4NE 1 EASEMENT PER BK 17 A/W. 012-282-N 1 MAPS AT PAGE 71 / / Doc 2014-0724164 r 1OT 8 20.00, SOUTHWESTERLY ` LINE LOT 8 20•p0 1 TCE 1 PARCEL 2 1 163 sf SOUTHERLY N LINE LOT 9 L1 POB NORTHEAST CORNER OF DOC. 89-81345 ALSO BEING THE SOUTHEAST CORNER OF LOTS 8&9PER (2) BEARINGS AND DISTANCES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983 (2011), EPOCH 2010.00, ZONE 3. DIVIDE DISTANCES SHOWN BY 0.99993 TO OBTAIN GROUND LEVEL DISTANCES. EXHIBIT B U Temporary ■ ■ Construction Easement MARKTHOMAS Parcel #2 ��> SAN RAFAEL Scale: 1" = 40' AP N 012-282-40 THE CITY W TH A MISSION Date June 2018 In the City of San Rafael Drawn By MSW Checked By SRM Marin County, California LAND MCINTYRE 90 LANE APA!- 012-282-40 �c Doc 2071-0f'l&49 O.R. sl No. 9313 qlF N. //,NAPS AT PALS Il OF Ch LOT 9 0.19 ac. i -one, �`� Z 8 , 0 20 40 80 10 N£ITR ROAD Feet AW- 011-282-17 SCALE 1" = 40' Doc 87-81345 20.00, SOUTHWESTERLY ` LINE LOT 8 20•p0 1 TCE 1 PARCEL 2 1 163 sf SOUTHERLY N LINE LOT 9 L1 POB NORTHEAST CORNER OF DOC. 89-81345 ALSO BEING THE SOUTHEAST CORNER OF LOTS 8&9PER (2) BEARINGS AND DISTANCES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983 (2011), EPOCH 2010.00, ZONE 3. DIVIDE DISTANCES SHOWN BY 0.99993 TO OBTAIN GROUND LEVEL DISTANCES. EXHIBIT B U Temporary ■ ■ Construction Easement MARKTHOMAS Parcel #2 ��> SAN RAFAEL Scale: 1" = 40' AP N 012-282-40 THE CITY W TH A MISSION Date June 2018 In the City of San Rafael Drawn By MSW Checked By SRM Marin County, California PARCEL NO.: 012-282-40 PROJECT: Southern Heights Boulevard. Bridge Replacement OWNER: TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS AGREEMENT is made and entered into by and between Trust, dated July 5, 2001, and any amendments thereto (hereinafter called "Grantor"), and The City of San Rafael, a California municipal corporation (hereinafter called "City"), By way of this Agreement, Grantor grants to the City temporary construction easement rights for the purposes of facilitating bridge reconstruction, public street improvements and related purposes, in, on, over, under, through, along, and across that specific portion of Grantor's property located in the County of Merin, State of California, particularly described and depicted in Exhibits "A" and "B" attached hereto (the Temporary Construction Easement Area"). 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 the temporary construction easement rights granted herein and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. City requires said temporary construction easement rights for bridge and road reconstruction purposes, a public use for which the City may exercise the power of eminent domain. Grantor is compelled to temporarily grant these rights, and the City is compelled to temporarily use these property rights. 3. Both Grantor and City recognize the expense, time, effort, and risk to both Grantor and City in determining the compensation for the temporary property rights by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation. 4. The City shall: (A)Pay the undersigned Grantor the sum of $1,000 as consideration in full for the temporary construction easement rights conveyed, for the loss, replacement and moving of any improvements, and for entering into this Agreement. Said sum shall be paid within thirty days of the date of City acceptance and execution of this Agreement. APN: 012-282-40 City of San Rafael/ HJA Agreement - TCE 8/17/2018 Page 1 of It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Agreement, the right of possession and use of the Temporary Construction Easement Area by the City, including the right to remove and dispose of improvements, shall commence on 10-31-2018 and terminate on 10-31-2020. Grantor shall have use of the Temporary Construction Easement Area until City takes physical possession. In case of unpredictable delays in construction, upon written notification, the term of this temporary construction easement may be extended by an amendment to this Temporary Construction Easement Agreement. In such case, Grantor shall be compensated based on the fair market value at the time of the extension. Payment shall be made to Grantor for the extension prior to the expiration of the original period. The City shall notify the Grantor at telephone number ( 72 hours prior to the commencement of actual construction or by 10 days written notice, first class mail, delivery deemed completed on date of mailing. 6. Grantor warrants that they are the owner in fee simple of the property upon which the Temporary Construction Easement Area is located, and that they have the exclusive right to grant use of the Temporary Construction Easement Area. 7. Grantor warrants that there are no oral or written leases on all or any portion of the property to be encumbered with this temporary construction easement and Grantor further agrees to hold City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor. 8. In consideration of the City waiving the defects and imperfections in all matters of record title, Grantor covenants and agrees to indemnify and hold the City harmless from any and all claims that other parties may make or assert on the title to the premises. Grantor's obligation herein to indemnify the City shall not exceed the amount paid to Grantor under this contract. 9. City agrees to indemnify and holds harmless Grantor from any liability arising out of City operations under this Agreement. City further agrees to assume responsibility for any damages proximately caused by reason of City operations under this Agreement and City will, at its option, either repair or pay for such damage. 10. All work done under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner. All improvements shall be left in as good condition as found. 11. At no expense to the Grantor and at the time of construction, the City shall generally restore Grantor's property to a comparable or better condition as that which existed prior to the City's project construction, to the extent reasonably practical. Said restoration shall include the replacement of trees in accordance with project requirements in addition to fencing, landscaping and/or irrigation improvements, if affected. Grantor understands and agrees that after completion of construction, all fencing if any and improvements on Grantor's property will remain the sole property of Grantor and Grantor will be solely responsible for the maintenance and repair of such improvements. APN: 012-282-40 City of San Rafael Agreement - TCE 8/17/2018 Page 2 of 12. Permission is hereby granted City or its authorized agent to enter upon the Temporary Construction Easement Area for the purpose of facilitating bridge reconstruction, public street improvements and related purposes, and for completing the construction contract work described in Clause 11 of this Agreement. 13. Grantor hereby represents and warrants that during the period of Grantor's ownership of the property there have been no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the property. Grantor further represents and warrant that Grantor has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous wastes, on, from, or under the property which may have occurred prior to Grantor taking title to the property. The payment being made in this transaction reflects the fair -market value of the property without the presence of contamination. If the Temporary Construction Easement Area is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the City may elect to recover its clean-up costs from those who caused or contributed to the contamination. 14. Grantor agrees to provide all required supplemental forms necessary to complete this transaction, including a W-9 Form required for payment processing. 15. This Agreement may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and delivery be deemed an original, and all such counterparts together shall constitute one and the same document. 16. This Agreement is subject to and conditioned upon approval and ratification by the City's Council. This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity. 17. This Agreement shall be binding upon and inure to the benefit of the heirs, devisees, executors, administrators, legal representatives, successors and assigns of the Grantor. 18. The Grantor agrees to fully disclose the existence of the Temporary Construction Easement and the City's project to any and all potential buyers in the event the Grantor should choose to sell the above described parcel during the term of the easement or after the acceptance of this Agreement. APN: 012-282-40 City of San Rafael/ HJA Agreement - TCE 8/17/2018 Page 3 of In Witness Whereof, the Parties have executed this agreement the day and year first above written. GRANTOR: dated July 5, 2001, and any amendments thereto CITY OF SAN RAFAEL Date: Jim Schutz City Manager ATTEST: By: Date: Lindsay Lara City Clerk APPROVED AS TO FORM: By: Date: Robert F. Epstein City Attorney CITY'S MAILING ADDRESS: City of San Rafael Department of Public Works 111 Morphew Street San Rafael, CA 94901 No Obligation Other Than Those Set Forth Herein Will Be Recognized APN: 012-282-40 8/17/2018 Page 4 of City of San Rafael/ HJA Agreement - TCE EXHIBIT "A" APN 012-282-40 All that real property situate in the City of San Rafael, County of Marin, State of California, being a portion of PARCEL ONE described in the TRUST TRANSFER DEED to Trustee, or her successors in trust, under the dated July 5,2001, and any amendments thereto, recorded September 24, 2001 in Book 2001 at Page 0061899, Official Records of Marin County, more particularly described as: Beginning at the northeast corner of the Grant Deed to DON LANDER DAGLOW and MARTA GALVAN DAGLOW, recorded December 24,1987 in Book 1987 at Page 0081345, Official Records of Marin County, also being the southeast corner of Lots 8 & 9 as shown on that MAP OF PICOLO VALLE recorded December 15, 1878, in BOOK 17 of MAPS at PAGE 71, Official Records of Marin County; thence along the southerly line of said Lot 9 South 79°55'35" West, 20.01' feet; thence leaving said southerly line North 12°06'15" West, 16.27 feet to the southwesterly line of Lot 8 as shown on said MAP OF PICOLO VALLE; thence along said southwesterly line South 61°46'53" East, 26.23 feet to the Point of Beginning. Containing 163 square feet. Bearings and distances shown are based on the California Coordinate System 1983 (2011), Epoch 2010.00, Zone 3. Divide distances shown by 0.99993 to obtain ground level distances. This real property description has been prepared at Mark Thomas, by me, or under my direction, in conformance with the Professional Land Surveyors Act. env SAMUEL R. MCINTYRE LS. 9313 jo SND SV,9 9 SAMUEL R. MCINTYRE * No. 9313 \�FOF J 0V�e_ 1`A , Zo 1b Date LEGEND O.R. OFFICIAL RECORDS COUNTY POB POINT OF BEGINNING TICE TEMPORARY CONSTRUCTION o DIMENSION POINT ( ) RECORD DATA ® TICE AREA EXISTING RIGHT PROPERTY LINE --- TCE BOUNDARY OF MARIN 1 EASEMENT 1 No 1 c LOT 7 1 m z OF WAY I NOTE: SUBJECT TO A 5' WIDE PG&E EASEMENT PER BK.3635, PG.527 REFERENCES (1) BOOK 13 OF SURVEYS N AT PAGE 16 (2) BOOK 17 OF MAPS , AT PAGE 71 (3) BOOK 20 OF SURVEYS Ln AT PAGE 14 NON DEVELOPMENT rn SOUTH LINE 1 N LOT 7 1 -� 1 Ln LINE TABLE 1 , 0. R.UZI cn ^ Q v 1 L-1 S79 55'35 "W 20.01' 1 0 t '"' 1 L2 N12 0615W 16.27 1 1 Ln 1 L3 S61 4653"E 26.23' 1 LINE T� , 61 20 1 SAMUEL R. 90 PL£ASANI LANE 1 MCINTYRE AJ . 011-282-40 1 �c Doc 2071-0061899 O.R. No. 9313 ��� 9( 17 NAPS AT PALT 71 4 OF Ch LOT 9 079m. Jones t� ZotB 0 20 40 80 10 A(EU ROAD Feet AR' 012-282-17 SCALE 1" = 40' Doc 87-81AS SOUTHERLY LINE LOT 9 _ L1 20.001 TCE PARCEL 2 163 sf POB NORTHEAST CORNER OF DOC. 89-81345 ALSO BEING THE SOUTHEAST CORNER OF LOTS 8&9PER (2) BEARINGS AND DISTANCES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983 (2011), EPOCH 2010.00, ZONE 3. DIVIDE DISTANCES SHOWN BY 0.99993 TO OBTAIN GROUND LEVEL DISTANCES. EXHIBIT B U Temporary ■ ■ Construction Easement MARK THOMAS Parcel #p2 ��a SAN RAFAEL Scale: 1 " = 40' APN 012-282-40 THE CITY WITH A MISSION Date June 2018 In the City of San Rafael Drawn By MSW Checked By SRM Marin County, California CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Hunter Young Extension: 3408 Contractor Name: Varied -Offers to purchase temporary construction easements Contractor's Contact: Contact's Email: o, nere to enter text. ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor JI hers i� ❑ enter a date. b. Email contract (in Word) & attachments to City Click here t+ City Attorney Atty c/o Laraine.Gittens@cityofsanrafael.org a. Review, revise, and comment on draft agreement enter a date ❑ 2 8/23/2018 ® LG and return to Project Manager 8/23/2018 ® LG b. Confirm insurance requirements, create Job on N/A PINS, send PINS insurance notice to contractor 3 Project Manager Forward three (3) originals of final agreement to ❑ contractor for their signature enter a date. 4 Project Manager When necessary, * contractor -signed agreement ❑ N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or ❑ Public Works Contract > $125,000 Date of Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed agreement / 7 City Attorney Review and approve insurance in PINS and bonds (for Public Works Contracts) Agreement executed by Council authorized official Attest signatures, retains original agreement and 8 City Manager / Mayor City Clerk 2� 9 forwards copies to Project Manager c p 2