HomeMy WebLinkAboutCC Resolution 9148 (Seismic Retrofit)RESOLUTION NO. 9148
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL AUTHORIZING CONVEYANCE OF TWO
TEMPORARY CONSTRUCTION EASEMENTS TO CAL -
TRANS FOR STATE'S PROPOSED SEISMIC RETRO-
FIT PROJECT AT THE CALIFORNIA PARK OVERHEAD
WHEREAS, the public interest, convenience, necessity and
welfare require that the two temporary construction easements hereinafter
mentioned be conveyed to the State of California to accommodate State's
proposed seismic retrofit project at the California Park Overhead; and
WHEREAS, in consideration of Caltrans' use of City's property, the
State will pay the City the total sum of $15,150 for said easements.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City
of San Rafael, California, that the Mayor and City Clerk are hereby authorized
to execute two Temporary Construction Easement Deeds and two
accompanying Right of Way Contracts, all of which are attached hereto and
incorporated herein by reference, for conveyance to the State of California to
accommodate State's proposed seismic retrofit project at the California Park
Overhead.
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 Council of said City on Monday, the 6th
day of June, 1994 by the following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Thayer, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
JE 9M. LEONCIN , City Clerk
DRIGINAI
M EA3EM-Enr7- AREAS
LOCATION MAP
C
apace above this line for Recorder's Use
CORPORATION I District County Route Post Mile Number
EASEMENT DEED I 4 Mrn 101 9.6 52508
GRANT to the State of California a TEMPORARY EASEMENT to terminate on
March 1, 1996 for construction ournoses and incidents thereto,
upon, over and across that certain real property in the Citv of
San Rafael County of Marin , State of California,
described as follows:
A strip of land, 25.00 feet in width, at right angles, lying
westerly of and contiguous to the westerly right of way line of the
existing State freeway, Route Mrn-101, established by Indenture
recorded October 3, 1957, in Book 1144, Page 414, Official Records of
Marin County. The termini of said strip being the northeasterly and
southwesterly lines of the railroad right of way of the former
Northwestern Pacific Railroad Company.
CONTAINING 2,405 square feet, more or less.
Form RW 6-1(Q) (New 4/93) R, W EnQCOPYJUN 01 1994
mKrinQ C'�
IN WITNESS WHEREOF, said corporation has caused its corporate name to
be hereunto subscribed and its corporate seal to be affixed hereto, this
20th day of June , 1994
CITY Oi1N
RAFAEL
By
ALBER B R4_
Byi1JEAN M.LEONCI
STATE OF CALIFORNIA
County of MARIN ISS.
Mayor
City Clerk
[CORPORATE SEAL]
PERSONAL ACKNOWLEDGMENT
On this the 20thday of June 19 94, before me, A. M. MARCOTTE , NOTARY PUBLIC ,
Name, Title of Officer-E.G., "Jane Doe, Notary Public"
personally appeared ALBERT J. BORO & JEANNE M. LEONCINI
Name(s) of Signer(s)
9 personally known to me
❑ pr-1ved 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 hisih /their authorized capacity(ies), and that by hisgher/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Ae_
(Notary Public's ign3iure in and for said County and State)
■ n t
OFFICIAL SEAL
A. M. MARCOTTE
m Notary PubIG-COlfwMa
MARIN COUNTY
My Commliglon Expires -
: November 17. 1995
(tor notary seal or stamp)
THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to Government Code
Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof.
IN WITNESS WHEREOF, 1 have hereunto set my hand
this day of _AAT • % 1094, 19_
JAMES W. VAN LOBEN SELS
/ Director of Transportation
By
W. �J . DOWD , CHIEF Attorney in Fact
R/W ACQUISITION SERVICES
'onn RW 6-1(Q) (New 4/93) JUN
0 1 �' �
19
Dist. County Rte.
4 MRN 101
P.M. R/W E.A.
9.6 101949
RIGHT OF WAY CONTRACT -- STATE HIGHWAY
Document No. 52508 in the form of a Temporary Construction
Easement covering the property particularly described therein has been
executed and delivered to MONICO CORRAL Right of Way Agent
for the State of California.
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
said document and shall relieve the State of all further obligation or
claims on this account, or on account of the location, grade or
construction of the proposed public improvement.
2. The State shall:
(A) Pay the undersigned grantor(s) the sum of $14,300.00 for the
property or interest conveyed by above document(s) when
title to said property vests in the State free and clear of
all liens, encumbrances, assessments, easements and leases
(recorded and/or unrecorded) and taxes, except:
a. Taxes for the tax year in which this escrow closes
shallbe cleared and paid in the manner required by
Section 5086 of the Revenue Taxation Code, if unpaid at
the close of escrow.
b. Covenants, conditions, restrictions, and reservations
of record, or contained in the above referenced
document.
C. Easements or rights of way over said land for public or
quasi -public utility or public street purposes, if any.
(POSSESSION AND USE)
(B) Pay all escrow and recording fees incurred in this
transaction, and, if title insurance is desired by the
State, the premium charged therefore.
(C) Have the authority to deduct and pay from the amount shown
in Clause 2(A) above, any amount necessary to satisfy any
delinquent taxes due in any fiscal year except the fiscal
year in which this escrow closes, together with penalties
and interest thereon, and/or delinquent or nondelinquent
assessments or bonds except those which title is to be taken
subject to in accordance with the terms of this contract.
3. Any or all moneys payable under this contract, up to and including the
total amount of unpaid principal and interest on note(s) secured by
mortgage(s) or deed(s) of trust, if any, and all other amounts due and
payable in accordance with the terms and conditions of said trust deed(s)
or mortgage(s) shall, upon demand(s) be made payable to the mortgagee(s) or
beneficiary(s) entitled thereunder; said mortgagee(s) or beneficiary(s) to
furnish grantor with good and sufficient receipt showing said moneys
credited against the indebtedness secured by said mortgage(s) or deed(s) of
trust.
4. It is agreed and confirmed by the parties hereto that notwithstanding
other provisions in this contract, the right of possession and use of the
subject property by the State, including the right to remove and dispose of
improvements, shall commence on Sent_. 1. 1994 or the close of escrow
controlling this transaction, whichever occurs first, and that the amount
shown in Clause 2(A) herein includes, but is not limited to, full payment
for such possession and use, including damages, if any, from said date.
5. Grantor(s) warrant(s) that there are no oral or written leases on all
or any portion of the property exceeding a period of one month and the
grantor(s) further agree(s) to hold the State harmless and reimburse the
State for any and all of its losses and expenses occasioned by reason of
any lease of said property held by any tenant of grantor(s) for a period
exceeding one month.
6. The undersigned grantor(s) hereby agree(s) and consent(s) to the
dismissal of any eminent domain action in the Superior Court wherein the
herein described land is included and also waive(s) any and all claims to
any money that may now be on deposit in said action.
7. This transaction will be handled through an internal escrow
with the Department of Transportation, Post Office Box 234401
Oakland, CA 94623-0440.
In Witness Whereof, the parties have executed this agreement the day
ant year first above written.
RECOMMENDED FOR APPROVAL
�7
By
MONIC¢ CORRikt'-"'
Right of Way Agent
B
BARBA J. WEBB
Senior Right of Way Agent
CITY OF SAN RAFAEL
2
lb�rt J ro; Ma or
Attest: �•
Je nne M. Leorlcini, ity Clerk
Grantor(s)
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By .- �rY .
RICHARD J.�MIIRPHY
Deputy Disirict Director - R/W
Cpace above this line for Recorder's Use
CORPORATION I District County Route Post Mile Number
EASEMENT DEED I 4 Mrn 101 9.6 51630
or
GRANT to the State of California a TEMPORARY EASEMENT to terminate on
March 1, 1996 for construction purposes and incidents thereto,
upon, over and across that certain real property in the Citv of
San Rafael County of Marin State of California,
described as follows:
A strip of land, 7.00 feet wide, at right angles, lying easterly
of and contiguous to the easterly right of way line of the 0.29 acre
parcel established by agreement recorded December 5, 1933 in Book 240,
Page 420, Official. Records of Marin County. The termini of said strip
being the southwesterly line of the former Northwestern Pacific
Railroad right of way and the southwesterly line of Anderson Drive.
CONTAINING 1,217 square feet, more or less.
Form RW 6-1(Q) (New 4/93)
R/ w En,,1nfPAri.... r'`.
JU11
N 0 T 1994
IN WITNESS WHEREOF, aid corporation has cause i.ts corporate name to
be hereunto subscribed and its corporate seal to be affixed hereto, this
20th day of Jiine , 1994
TY F AEL
By
v �
By
STATE OF CALIFORNIA
County of MARIN SS.
Mayor
City Clerk
[CORPORATE SEAL]
PERSONAL ACKNOWLEDGMENT
On this the 2lstday of June 19 94, before me, A. M. MARCOTTE, NOTARY PUBLIC
Name, Title of Officer-E.G., "Jane Doe, Notary Public"
personally appeared ALBERT J. BORO & JEANNE M. LEONCINI
Name(s) of Signer(s)
® personally known to me
❑ 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 hetshe/they executed
the same in Naiher/their authorized capacity(ies), and that by hisiher/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Com' f // /,
(Notary Public's signature in and for said County and State)
..• tJrri�..ihri_ aier+i.
A. M. MARCOTTE
' Notary PubOc-Californla
MARIN COUNTY
My Commission Explres
,
November 17, 1995
(for notary seal or stamp)
THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to Government Code
Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof.
IN WITNESS WHEREOF, I have hereunto set my hand
this day of , 19_
By
Director of Transportation
Attorney in Fact
Form RW 6-1(Q) (New 4/93) 1994
ERV X71 Engineering Co -,7
California
19
Dist. County Rte. P.M. R/W E.A.
4 MRN 101 9.6 101949
RIGHT OF WAY CONTRACT -- STATE HIGHWAY
Document No. 51630 in the form of a Temporary Construction
Easement covering the property particularly described therein has been
executed and delivered to MONICO CORRAL Right of Way Agent
for the State of California.
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
said document and shall relieve the State of all further obligation or
claims on this account, or on account of the location, grade or
construction of the proposed public improvement.
2. The state shall:
(A) Pay the undersigned grantor(s) the sum of $850.00 for the
property or interest conveyed by above document(s) when
title to said property vests in the State free and clear of
all liens, encumbrances, assessments, easements and leases
(recorded and/or unrecorded) and taxes, except:
a. Taxes for the tax year in which this escrow closes
shallbe cleared and paid in the manner required by
Section 5086 of the Revenue Taxation Code, if unpaid at
the close of escrow.
b. Covenants, conditions, restrictions, and reservations
of record, or contained in the above referenced
document.
C. Easements or rights of way over said land for public or
quasi -public utility or public street purposes, if any.
i "
(POSSESSION AND USE)
(B) Pay all escrow and recording fees incurred in this
transaction, and, if title insurance is desired by the
State, the premium charged therefore.
(C) Have the authority to deduct and pay from the amount shown
in Clause 2(A) above, any amount necessary to satisfy any
delinquent taxes due in any fiscal year except the fiscal
year in which this escrow closes, together with penalties
and interest thereon, and/or delinquent or nondelinquent
assessments or bonds except those which title is to be taken
subject to in accordance with the terms of this contract.
3. Any or all moneys payable under this contract, up to and including the
total amount of unpaid principal and interest on note(s) secured by
mortgage(s) or deed(s) of trust, if any, and all other amounts due and
payable in accordance with the terms and conditions of said trust deed(s)
or mortgage(s) shall, upon demand(s) be made payable to the mortgagee(s) or
beneficiary(s) entitled thereunder; said mortgagee(s) or beneficiary(s) to
furnish grantor with good and sufficient receipt showing said moneys
credited against the indebtedness secured by said mortgage(s) or deed(s) of
trust.
4. It is agreed and confirmed by the parties hereto that notwithstanding
other provisions in this contract, the right of possession and use of the
subject property by the State, including the right to remove and dispose of
improvements, shall commence on vpt_1. 1994 or the close of escrow
controlling this transaction, whichever occurs first, and that the amount
shown in Clause 2(A) herein includes, but is not limited to, full payment
for such possession and use, including damages, if any, from said date.
5. Grantor(s) warrant(s) that there are no oral or written leases on all
or any portion of the property exceeding a period of one month and the
grantor(s) further agree(s) to hold the State harmless and reimburse the
State for any and all of its losses and expenses occasioned by reason of
any lease of said property held by any tenant of grantor(s) for a period
exceeding one month.
6. The undersigned grantor(s) hereby agree(s) and consent(s) to the
dismissal of any eminent domain action in the Superior Court wherein the
herein described land is included and also waive(s) any and all claims to
any money that may now be on deposit in said action.
7. This transaction will be handled through an internal escrow with the
Department of Transportation, Post Office Box 23440, Oakland, CA 94623-
0440.
In Witness Whereof, the parties have executed this agreement the day
and year first above written.
FB
F S RAFAEL
eb t (� o , May�Ir
Attest 4J bT.
eanne eoncini
7
Grantor(s)
Recomm d d for Appr 1: STATE OF CALIFORNIA
DEPARTI T OF ¢MANSPORTATION
By
MdNIGO CORRAL
Right of Way A entI W By
RICHARD J .,' MIIRPHY
Deputy Di6trict Director - R/W
By 4
BARBARA WEBB i
Senior Right f Way Agent