HomeMy WebLinkAboutCC Resolution 13297 (Submarine High Voltage Direct Current Transmission)RESOLUTION NO. 13297
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A FIRST
AMENDMENT TO THE LEASE AGREEMENT WITH TRANS BAY CABLE,
LLC OF A PORTION OF SUBMERGED BAY LANDS HELD BY THE CITY
OF SAN RAFAEL AS GRANTED LANDS FROM THE STATE OF
CALIFORNIA FOR THE PURPOSE OF THE CONSTRUCTION,
INSTALLATION, OPERATION, MAINTENANCE AND USE OF A
SUBMARINE HIGH VOLTAGE DIRECT CURRENT TRANSMISSION LINE
WHEREAS, pursuant to the authority of Chapter 83, Statutes of 1923, the State of
California has granted to the City of San Rafael all the rights, title and interest to all marsh, tide
and submerged lands within the boundaries of the City, to be held in trust for the State of
California; and
WHEREAS, under said legislation, the City has the authority to lease said granted lands
or portion thereof, for limited periods, for purposes consistent with the public trust in which said
lands are held; and
WHEREAS, pursuant to such authority, on December 29, 2006, the City entered into a
Lease with Trans Bay Cable, LLC ("Lessee") of a portion of certain submerged lands located in
San Francisco and San Pablo Bays (the "Leased Lands"), all as more particularly set forth and
authorized in City Council Resolution No. 12176 adopted December 18, 2006 and incorporated
herein by this reference; and
WHEREAS, the Lease was recorded in the Recorder's Office of the County of Marin on
December 29, 2006 as Document Number 2006122900097; and
WHEREAS, the Lease authorized Lessee to construct on the Leased Lands one (1)
submarine cable not to exceed ten (10) inches in diameter, consisting of a power transmission
cable, a return cable and a fiber optic communication cable, on the further terms and conditions
set forth in the Lease (as further described in the Lease, the "Authorized Improvements"); and
WHEREAS, at the time the Lease was executed, the location of the Authorized
Improvements to be installed upon the Leased Lands was based upon projected coordinates
provided by Lessee (the "Projected Coordinates"), and
WHEREAS. the installation of the Authorized Improvements has been completed in
accordance with the terms and conditions of the Lease; and
WHEREAS, the City and Lessee no,,,), desire to amend and correct the Lease by
replacing the Projected Coordinates with as -built coordinates to reflect the actual location of the
Authorized Improvements installed upon the Leased Land. xNhich as -built coordinates have been
prepared at the request of Lessee by a person authorized to practice land surveying in California.
in accordance �,N ith the requirements of the Lease, and
WHEREAS, pursuant to Section 4(0)(5) of the Lease, the terms, covenants and
conditions of the Lease may be amended, revised or supplemented only by mutual written
agreement of the parties.
NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves and
authorizes the Mayor to execute, on behalf of the City of San Rafael, a "First Amendment to
Lease" with Trans Bay Cable LLC, in the form attached hereto as Attachment "I" and
incorporated herein by this reference.
I, ESTHER BEIRNF,, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of said City held on Mondav, the 5th day of March, 2012, by the following vote, to wit:
AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER BEIRNE, City Clerk
RECORDED AT THE REQUEST OF
ESTHER C. BEIRNE, City Clerk
AND WHEN RECORDED MAIL TO:
ESTHER C. BEIRNE, City Clerk
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
Document entitled to free recordation
pursuant to Government Code Section 27383
APN 184-010-17
County: Marin
SPACE ABOVE THIS LINE FOR RECORDER'S USE
FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE (this "Amendment") is by and between The CITY OF
SAN RAFAEL, hereinafter referred to as "Lessor", acting by and through the CITY COUNCIL OF THE
CITY OF SAN RAFAEL, pursuant to and in accordance with the provisions of the Charter and
ordinances of the City of San Rafael and the laws of the State of California, and TRANS BAY CABLE, a
Delaware limited liability company, hereinafter referred to as "Lessee" (Lessor and Lessee collectively,
the "Parties").
RECITALS
A. The Parties entered into that certain Lease Agreement dated December 29, 2006 (the
"Lease") for right of way use by Lessee of Lessor's submerged lands, granted to Lessor by the State of
California and held in trust by Lessor pursuant to Chapter 83 Statutes of 1923, which are located in the
San Rafael Bay portion of San Pablo and San Francisco Bays, within the city limits of the City of San
Rafael, County of Marin, as further described in Section 3 of the Lease (the "Leased Lands"), for the
construction thereon by Lessee of one (1) submarine cable not to exceed ten (10) inches in diameter,
consisting of a power transmission cable, a return cable and a fiber optic communication cable, on the
further terms and conditions set forth in the Lease (as further described in the Lease, the "Authorized
Improvements").
B. The Lease was recorded in the Recorder's Office of the County of Marin on December
29, 2006 as Document Number 2006122900097 (the "Official Records").
C. At the time the Lease was executed, the location of the Authorized Improvements to be
installed upon the Leased Lands was based upon projected coordinates provided by Lessee (the
"Projected Coordinates"). The installation of the Authorized Improvements was completed in accordance
with the terms and conditions of the Lease.
D. The Parties desire to amend the Lease to replace the Projected Coordinates with as -built
coordinates to reflect the actual location of the Authorized Improvements installed upon the Leased Land,
which have been prepared at the request of Lessee by a person authorized to practice land surveying in
California, in accordance with the requirements of the Lease.
E. Pursuant to Section 4(0)(5) of the Lease, the terms, covenants and conditions of the
Lease may be amended, revised or supplemented only by mutual written agreement of the parties.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration the Parties agree as follows:
Recitals. The above Recitals are incorporated herein by reference as if set forth at length.
2. Capitalized Terms. Capitalized terms used but not otherwise defined in this Amendment
shall have the respective meanings assigned to such terms in the Lease.
3. Amendment. The provisions of Section 3 of the Lease are hereby deleted in their entirety
and replaced with the legal description for the Leased Lands attached to this Amendment as Exhibit "A"
(the "Revised City of San Rafael Leased Lands Description").
4. Recordation. Each of the parties hereby agrees that a fully executed and acknowledged
original copy of this Amendment shall be recorded in the Official Records.
5. Miscellaneous. Except as provided in this Amendment, the Lease is unchanged, and all
terms and conditions of the Lease are and shall remain in full force and effect and shall be binding upon
the parties in accordance with its terms. In the event of any conflict between the provisions of this
Amendment and the Lease in existence prior to the effectiveness of this Amendment, the provisions of
this Amendment shall control.
CITY OF SAN RAFAEL. This Amendment shall become effective only when approved by the City
Council of the City of San Rafael and executed on behalf of Lessor by the Mayor of the City of San
Rafael and a duly executed copy has been delivered to Lessee.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date
hereafter affixed.
LESSEE:
TRANS BAY CABLE LLC
Name:iG _
Title: (.2.:F_C�
Date: 29
LESSOR:
CITY OF SA
RAF41,
By: ,
� �f
Name: La+ry 0:, Phi 11 i os
Title: Mayor
1
Date: 4 i -
ACKNOWLEDGEMENT:
This Amendment was authorized by the
City of San Rafael on:
March 5. 2012
(Month Day Year)
By City Council Resolution No: 13297
ATTEST:
ESTHER C. BEIRNE, City Clerk
APPROVED AS TO FORM:
ROBERT F. EPSTEIN, ity Attorney
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
State of California
County ofi��V
4 ..L 1 2_
On �m�6; � � f before me,
Date
personally appeared.��,�,'k
Here Insert arae !nd Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
7GRANGE
ALISA MARIE Commission * 1 certify under PENALTY OF PERJURY under the
Notary Public - laws of the State of California that the foregoing
San FranciscoCounty - paragraph is true and correct.
My Comm. Ex Fires Jan 6, 2015
WITNESS my hd official seal.
Signature:
Place Notary Seat Above 1 Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
Individual
Partner -- Limited Generale
Number of Pages:
Signer's Name:
Corporate Officer — Title(s):
Individual
Partner — Limited General 7-r
< Attorney in Fact Attorney in Fact
X Trustee Trustee
Guardian or CGnservator Guardian or Conservator
Other: Other:
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S. ner Is Representing: g p g: Signer Is Representing:
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
E. BEIRNE
3
COMM, #1936401
NOTARY PUBLIC -CALIFORNIA fl
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who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)4Vare
subscribed to the within instrument and acknowledged
to me that (!�6)she/they executed the same in
i er/their authorized capacity(ies), and that by
J!5/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
Place Notary Seat Above Signature Iff Notary Public
OPTIONAL
Though the information below is not required by law. it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer— Title(s):
Individual
Partner — Limited General
Attornev In Fact
Number of Pages:
Signer's Name:
Corporate Officer— Title(s):
Individual
Partner — Limited General
Attorney in Fact
Trustee Trustee
Guardian or Conservator Guardian or Conser;ator
Other: Other:
Signer Is Representing: Signer Is Representing:
State of California
H 14 AJ
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County of
FF
Onbefore me,
i
to
Date
is r
Here Insert Name and Ttloof the Officer
personally appeared
Name(s) of Signer(e)
E. BEIRNE
3
COMM, #1936401
NOTARY PUBLIC -CALIFORNIA fl
MARN CCU"
My COMM Expires June 10, 2015 11
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)4Vare
subscribed to the within instrument and acknowledged
to me that (!�6)she/they executed the same in
i er/their authorized capacity(ies), and that by
J!5/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
Place Notary Seat Above Signature Iff Notary Public
OPTIONAL
Though the information below is not required by law. it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer— Title(s):
Individual
Partner — Limited General
Attornev In Fact
Number of Pages:
Signer's Name:
Corporate Officer— Title(s):
Individual
Partner — Limited General
Attorney in Fact
Trustee Trustee
Guardian or Conservator Guardian or Conser;ator
Other: Other:
Signer Is Representing: Signer Is Representing:
EXHIBIT A
REVISED CITY OF SAN RAFEL LEASED LANDS DESCRIPTION,
[Attached]
RBF CONSULTING
500 Ygnacio Valley Road, Suite 270
Walnut Creek, California 94596
Date: 10/21/2011
JN: 35-101146.001
LEGAL DESCRIPTION
All that submerged land in San Pablo Bay, San Pablo Strait and San Francisco Bay
located within the City Limits of the City of San Rafael in the County of Marin, State of
California, a strip of land 11.00 feet in width, the centerline of which described as
follows:
BEGINNING at a point on the southerly city limit line of the City of San Rafael, said
point also being described as having CCS83 (Epoch 2004.0), Zone 3 coordinates of
Northing 2170091.09 feet and Easting 5999369.71 feet; thence northerly along said
centerline through the following sixteen (16) angle points:
#
Northing
Easting
1
2170142.60
5999370.77
2
2170345.28
5999357.71
3
2171187.82
5999365.56
4
2172996.49
5999394.51
5
2173874.92
5999412.25
6
2174736.02
5999417.69
7
2174935.91
5999480.38
8
2175146.68
5999579.03
9
2175981.72
5999929.87
10
2176275.84
6000053.19
11
2177337.27
6000285.30
12
2177605.86
6000347.78
13
2179171.32
6000687.96
14
2180393.85
6000861.98
15
2181209.54
6000982.35
16
2181969.23
6001096.97
To the POINT OF TERMINUS.
H:1PDATA',,351C1 146,Adrnin"egals1! 140egGG2 San Rafaei.doc Pace 1 of 2
Said strip of land shall be lengthened or shortened so as to terminate southerly in the
southerly city limit line of the City of San Rafael and terminate northerly in the northerly
city limit line of the City of San Rafael.
EXCEPTING THEREFROM any portions lying within the jurisdictional limits and control
of California State Lands.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of record.
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