HomeMy WebLinkAboutCC Resolution 9546 (Merrydale Overcrossing ROW Agr)RESOLUTION NO. 9546
A RESOLUTION OF THE CITY OF SAN RAFAEL TO AMEND
THE RIGHT-OF-WAY CONTRACT BETWEEN CONNECTICUT
GENERAL LIFE INSURANCE COMPANY AND THE CITY OF
SAN RAFAEL FOR THE MERRYDALE OVERCROSSING
PROJECT FOR TWO TEMPORARY CONSTRUCTION
EASEMENTS.
The City Council of the City of San Rafael Resolves as follows:
WHEREAS, on December 13, 1993, Connecticut General Life Insurance
Company conveyed a Temporary Construction Easement to the City of San Rafael in
connection with the Merrydale Overcrossing Project and entered into a Right -of -Way
Contract; and,
WHEREAS, the City of San Rafael heretofore amended the Contract on October
18, 1993, to extend the expiration date to December 31, 1995; and,
WHEREAS, the City of San Rafael desires to extend the expiration date of the
Temporary Construction Easement to December 31, 1996; and,
WHEREAS, both parties of said Right -of -Way Contract desire to extend the term
of the Temporary Construction Easement; and,
WHEREAS, Connecticut General Life Insurance Company has been advised of
its right to compensation as provided by State and Federal Law and has voluntarily
chosen to waive its right to compensation and grant the extension regarding the
Temporary Construction Easement as a donation.
NOW, THEREFORE, IT IS RESOLVED that the City of San Rafael shall
amend the Right -of -Way Contract with Connecticut General Life Insurance Company
and authorize the Mayor to execute the second amendment to the Right -of -Way Contract.
I, JEANNE M. LEONCINI, 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 held on Monday, the 5°i day of February, 1996, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Phillips, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
Ave I� .
JE E M. LEONCtiINI, City Clerk
ORIGINAL W"
MERRYDALE OVERCROSSING PROJECT
4 -MRN -101 1 E.A. 131981 1 COOP NO 4-1216C
Kingston Riverbank/Conn. Gen. I APN: 180-121-44, 57 & 58
155-200-11 & 13
SECOND AMENDMENT TO RIGHT-OF-WAY CONTRACT
CITY OF SAN RAFAEL
THIS SECOND AMENDMENT TO CONTRACT IS MADE AND
ENTERED INTO by and between the CITY OF SAN RAFAEL, a municipal corporation,
hereinafter referred to as "CITY," and CONNECTICUT GENERAL LIFE INSURANCE
COMPANY, a Connecticut corporation, hereinafter referred to as "OWNER."
WHEREAS, the predecessor in interest to the OWNER entered into a Right of Way
Contract, hereinafter referred to as "Contract", on January 6, 1992, for conveyance of certain real
property interests, including Temporary Construction Easements (Project Parcel Nos. 7 & 14),
hereinafter referred to as "TCE," in connection with the Merrydale Overcrossing Project, which
Contract is by reference made a part hereof; and
WHEREAS, the parties have heretofore amended the Contract by that certain First
Amendment to Right of Way Contract, hereinafter referred to as "First Amendment", on October
18, 1993, to extend the expiration date of the TCE to December 31, 1995; and
1996; and
WHEREAS, CITY desires to extend the expiration date of the TCE to December 31,
WHEREAS, the parties desire to further amend the Contract and First Amendment to
extend the term of the TCE to December 31, 1996; and
WHEREAS, OWNER has been advised of their right to compensation as provided by
State and Federal Law and has voluntarily chosen to waive their right to compensation and grant
the extension regarding the TCE as a donation.
NOW, therefore, it is mutually agreed to amend Paragraph No. 3 of the Contract
regarding the TCE and the First Amendment as follows: The date of "January 1, 1994" in the
above mentioned paragraph of the Contract and the extension date of "December 31, 1995" in the
First Amendment shall be amended in both documents to read "December 31. 1996".
EXCEPT as hereinabove amended, the Contract and First Amendment shall continue
in full force and effect in all particulars.
Second Amendment to Right of v, ay Contract
Page Two of Two
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their duly authorized agents on the day and year first written below.
OWNERS:
CONNECTICUT GENERAL LIFE INSURANCE COMPANY,
a Connecticut Corporation.
By: CIGNA Investments, Inc., a Delaware Corporation.
By � v`n.
Title V ,:';le"son Vir'2 Presid,::' t
Date: Or �2'% '-�,LI 1 C1 q
CITY OF SAN RAFAEL
ATTEST:
Clerk `
Date:
2