HomeMy WebLinkAboutCC Resolution 14700 (Southern Heights Bridge Replacement)RESOLUTION NO. 14700
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING
AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH THE PROPERTY
OWNER OF 75 PLEASANT LANE IN AN ADDITIONAL AMOUNT OF $3,000, FOR A
TOTAL NOT TO EXCEED AMOUNT OF $23,500
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WHEREAS, the Southern Heights Bridge is currently a one-lane timber
bridge located on a narrow two-lane roadway in San Rafael, situated among the trees in
a scenic way that adds valued character to the Southern Heights neighborhood; and
WHEREAS, the Southern Heights Bridge is structurally deficient, obsolete
and has been noted by the California Department of Transportation as needing
replacement; and
WHEREAS, the City has retained Mark Thomas and Company to design
the new bridge; and
WHEREAS, to construct the proposed bridge as currently designed, it is
necessary to amend the existing temporary construction easement by which the City’s
contractor may utilize private property for constructability purposes and by which PG&E
may install a temporary wood utility pole; and
WHEREAS, the replacement of the Southern Heights bridge, including
the costs associated with the procurement of temporary construction easements, is
fully funded by Caltrans’ Highway Bridge Program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL RESOLVES as follows:
1. The Council hereby approves and authorizes the City Manager to
execute an amendment to the temporary construction easement
agreement with the property owner of 75 Pleasant Lane in an
additional amount of $3,000, for a total not-to-exceed amount of
$23,500, in the form attached hereto as Exhibit 1 and incorporated
herein by reference, subject to final approval as to form by the City
Attorney.
2. The Director of Public Works is hereby authorized to take any and all
such actions and make changes as may be necessary to accomplish
the purpose of this resolution.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular
meeting of the Council of said City on the 15th day of July 2019, by the following vote, to
wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
____
LINDSAY LARA, City Clerk
PARCEL NO.: 012-282-37
PROJECT: Southern Heights Boulevard Bridge Replacement
OWNER:
AMENDMENT TO
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
This Amendment to Temporary Construction Easement Agreement is made and
entered this, -)-4 day, 2019, by and between as Trustee of the
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"),
Whereas, on April 23, 2019, Grantor and City entered into a "Temporary Construction
Easement Agreement" (the "Agreement") by which Grantor granted to City temporary
construction easement rights for the purposes of facilitating the Southern Heights Bridge
reconstruction, public street improvements and related purposes, in, on, over, under, through,
along, and across portions of Grantor's real property located in the County of Marin, State of
California, bearing Assessor's Parcel Number 012-282-37, and more particularly described and
depicted in Exhibits "A" and "B" attached to the Agreement (the Temporary Construction
Easement Area"); and
Whereas, City and Grantor now wish to amend the Agreement to grant City additional
temporary construction easement rights that City requires in connection with the Southern Heights
Bridge reconstruction project;
Now Therefore, the parties agree to amend the Agreement as follows:
1. In addition to all the temporary construction easement rights granted to City by the
Agreement, Grantor grants to the City and its agents (including Pacific Gas & Electric
Company) a temporary construction easement right in the Temporary Construction
Easement Area to install a Pacific Gas and Electric Company temporary wood pole and
line with such wires and cables suspended therefrom as required for the transmission and
distribution of electric energy, and for communication purposes for cable television or
phone lines, and all necessary and proper crossarms, guys, anchors, and other appliances
and fixtures for use in connection with said poles, wires and cables. Grantor is compelled
to temporarily grant these rights, and the City is compelled to temporarily use these
property rights.
2. In addition to the compensation payable by City to Grantor under section 4 of the
Agreement, City shall pay Grantor the additional sum of $3,000 as consideration in full for
the purposes of allowing City and its agents the rights to install the temporary facilities
described in Section 1 of this Amendment.
3. Except as specifically amended herein, the Temporary Construction Easement Agreement
between City and Grantor dated April 23, 2019 shall remain unchanged and in full effect.
APN: 012-282-37 City of San Rafael/ Trust/EIJA Agreement -- Td
6/19/2019 Page I of 2 Amendmrj
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In Witness Whereof, City and Grantor have executed this Amendment to
Temporary Construction Casement Agreement on the day and year first above written.
GRANTOR:
AS AMENDED AND RESTATED ON
MAY 13.2013
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GRANTOR'S MAILING ADDRESS:
CITY OF SAN RAFAEL
Date: l
By: h- Date: 7 h( ' If
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CI N Hager
ATTEST:
By: %3 NvwL for LL
Lindsay Lara
City Clerk
APPROVED AS TO FORM:
Date: D C
By: 02FE Date: Z-3 2,01,9
Robert F. Epstein
City Attorney
CITY'S MAILING ADDRESS:
City of San Rafael
Department of Public Works
1 I I Morphew Street
San Rafael, CA 94901
APN: 012-282-37 City of San Rafael/ "Inist/HJA Agreement — TC
6/19/2019 Page 2 of 2 Amendment