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HomeMy WebLinkAboutPW Storm Water Pump Renovation 2009; Temp. Utility EasementRECORDING REQUESTED BY: City of San Rafael WHEN RECORDED MAIL TO: RECORD WIT HOUT FEE PER G.C.27383 ESTHER C. BEIRNE, City Clerk City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 20 1 1—OOE!4OG4 kevordeo Official Records County of Marin n_:HPRD N. BEN51IN As}essor Recorder County Clerk 12:d"Ium 6 -Nay- III REL RE 6.0 a Pag, 1 of 8 THIS SPACE FOR RECORDERS USE ONLY DOCUMENT TITLE AGREEMENT FOR TEMPORARY UTILITY EASEMENT WITH S.R. CORPORATE CENTER PHASE TWO L.L.C. FOR ALLOWING ACCESS TO CONNECT ELECTRICAL POWER TO THE CORPORATE CENTER PUMP STATION FOR A LIMITED AMOUNT OF TIME. THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ADDITIONAL RECORDING FEE APPLIES 4 4 -t - 1�'i2 -A o2 _) ti AGREEMENT FOR TEMPORARY UTILITY EASEMENT WITH S.R. CORPORATE CENTER PHASE TWO L.L.0 FOR ALL 0WING ACCESS TO CONNECT ELECTRICAL POYVER TO THE CORPORATE CENTER PUMP STATION FOR A LIMITED AMOUNT OF TIME. This Agreement is made and entered into this -10L-ibol/ by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and S.R. CORPORATION CENTER PHASE TWO L.L.0 (hereinafter "OWNER"). RECITALS WHEREAS the OWNER is the legal property owner of the property located at 788 Lincoln Avenue, San Rafael, known as Assessor Parcel No 013-021-50 and described in Exhibit "A", attached hereto ("OWNER's Parcel). WHEREAS the CITY owns the property adjacent to the OWNER's property located at 100 Francisco Blvd., San Rafael, described by Parcel No 013-021-45 (CITY'S Parcel"). WHEREAS the OWNER has an electrical service pole on OWNER's Parcel located within 15 feet of the CITY's property which is serviced by Pacific Gas and Electric Company (PG&E) and previously serviced the Corporate Center Storm Water Pump Station located on the CITY's property. WHEREAS the CITY operates the Corporate Center Storm Water Pump Station located on City's property. WHEREAS, the CITY is requesting a Temporary Utility Easement to allow Pacific Gas and Electric Company (PG&E) to provide temporary power to the Corporate Center Pump Station located on CITY's property via the existing power pole on said OWNER's parcel. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. The OWNER grants a Temporary Utility Easement to the CITY across OWNER's Parcel, as described in Exhibit "A" to allow PG&E to utilize the existing power pole on OWNER's Parcel in order to provide power to the CITY's property that services the Corporate Center Storm Water Pump Station. 2. The CITY intends to install a new permanent PG&E underground service from 2"d Street to CITY's property in order to bypassing the OWNER's parcel during the 18 month period of this agreement. Notwithstanding the forgoing, should OWNER commence construction on OWNER's Parcel within the eighteen month period contemplated by this agreement, both parties agree to use reasonable and diligent efforts to accommodate OWNER's construction schedule and timing so this Temporary Utility Easement will not materially interfere with OWNER's construction. 3. The CITY will contact and coordinate all power service hookup efforts with PG&E for temporary power and permanent service power to the Corporate Center Storm Water Pump Station all of which shall be at the CITY's sole cost and expense with no cost or expense to the OWNER. 4. The CITY shall contact the OWNER in writing when the temporary service is no longer needed and prior to PG&E removing the temporary service across the OWNER's Parcel. 5. The parties agree that time is of the essence as to each and every provision of this agreement. 6. The OWNER and CITY agree that this Agreement shall commence on the date first herein written and terminate 18 months thereafter unless an extension is agreed upon by both parties. 7. All notices required or permitted under this Agreement shall be in writing and given by personal delivery or by deposit in the United States mail, postage prepaid, addressed to the party to be notified as follows: CITY: Albert J. Boro, Mayor City of San Rafael 111 Morphew Street P.O. Box 151560 San Rafael, CA 94915-1560 OWNER: Dennis P. Fisco S. R. Corporate Center Phase Two, L.L.C. Seagate Properties Inc. 980 Fifth Street San Rafael, CA 94949 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL ALBERT J. BARO, Mayor SR CORPORTE CENTER PHASE TWO LLC By: Seagate SR Corporate Center LLC By: Seagate Second Street LLC By: Seagate Lindaro L C By: / Willis K. Polite Jr. 11-7 Managing Member Agreement • 2 ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorney File No. Agreement • 3 LEGAL DESCRIPTION EXHIBIT "A" Polley No. The land referred to herein is situated in the State of California, County of Marin, City of San Rafael, and is described as follows: PARCEL ONE: PARCEL 8 as shown upon that certain map entitled, "Final Map Being a Subdivision of the Lands of San Rafael Corporate Center, LLC (SN #2000-049730), City of San Rafael, County of Marin, Callfomla", filed for record on September 27, 2002, in Volume 2002 of Maps, at page 185, Marin County Records. EXCEPTING THEREFROM the Reservation of ail minerals and mineral rights, Interests and royalties, including, without limiting the generality thereof, all, gas and other hydrocarbon substances, as well as metallic or other solid minerals, in and under the property, however, Grantor or Its successors and assigns, shall not have the right for any purpose whatsoever to enter upon, Into, or through the surface of the property In connection therewith, as contained in the Deed from Southern Pacific Transportation Company, a Delaware corporation to San Rafael Redevelopment Agency, a body corporate and politic of the State of California, recorded October 30, 1997 as Recorder's Serial No. 97-062019, Marin County Records. PARCEL TWO: Easements for parking, private access, utility and drainage as shown and delineated on that certain map filed September 27, 2002 in Marin County Official Records In Book 2002 of Maps at Page 185. PARCEL THREE: NON-EXCLUSIVE EASEMENTS as described in Article 6 as set forth in that certain Declaration of Covenants, Conditions and Restrictions For San Rafael Corporate Center, recorded October 21, 2002 as Recorder's Serial No. 2002-0093220, Marin County Records APN: 013-021.50 CERTIFICATE OF ACCEPTANCE PURSUANT TO CALIFORNIA GOVERNEMENT CODE SECTION 27281 This is to certify that the interest in the real property conveyed by the document entitled: AGREEMENT FOR TEMPORARY UTILITY EASEMENT WITH SAN RAFAEL CORPORATE CENTER PHASE TWO L.L.C. FOR ALLOWING ACCESS TO CONNECT ELECTRICAL POWER TO THE CORPORATE CENTER PUMP STATION FOR A LIMITED AMOUNT OF TIME dated May. 14 .2011, is hereby accepted by the undersigned authorized officer on behalf of the City of San Rafael pursuant to authority conferred by Resolution No. 13025 adopted by the City Council of the City of San Rafael, and that the City of San Rafael consents to recordation of said document in the Office of the Recorder of Marin County, Sate of California. Date: A, ! 2011 BY:/V ` ' - < �'� Albert J. ro, Mayor City of San Rafael CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT •:-::-::-::�:•.`:•:-::,-:-,-,::-,::.'..Y':crcrc�.crcrc�.c�,�=n.�cs�:rc:r.�:cc:c>.cc,�csc=:cc:c��rcrcrcrc:c.c:crrVc:rc:csc:cc•.rcc-.crcrc•ac•cc�.c:c State of California County of On 2--) _�° (I before me, l>L, �3 _� AicC7,, VNraI'L, Date ' —`� ` Here Insert Name and Title of the Officer personally appeared 1< r0 Name(.) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ar6 subscribed to the within instrument and acknowledged to me that he/o/tbey executed the same in hisither/their authorized capacity(ies), and that by his/haTItbeir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. r_� DARCY L. STARR r I certify under PENALTY OF PERJURY under the laws 0 comm. #1889987 > of the State of California that the foregoing paragraph is Q NOTARY PUBUC-CAUFORNIq MARIN COUNTY 0 true and correct. v v MY Comm. Expires May 18x2014 -1 v v v WITNESS my and and official seal. Signature 2. � *,-L_ Place Notary Seal Above 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: A cuJ _ _ 1.6,Wr Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — Limited General _ ; _ , , El Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — Limited General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here ©2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Tall -Free 1-800-876-6827 ACKNOWLEDGMENT State of California County of Marin On May 4, 2011 before me, Esther C. Beirne, Notary Public (insert name and title of the officer) personally appeared Albert J. Boro who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)&are subscribed to the within instrument and acknowledged to me tha�Fi'ee she/they executed the same in 6 s her/their authorized capacity(ies), and that byo/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 �' -P (Seal) ESTHER C. BEIRNE Commission # 1 744802 Z ..m .. Notary Public - California Z Marin County MV Comm. Dpires An. 10, 2011 PUBLIC WORKS DEPT ,ITY OF SAN RAFAEL March 21, 2011 Kevin McGowan Assistant Public Works Director City of San Rafael P.O. Box 151560 San Rafael, CA. 94915-1560 Re: San Rafael Corporate Center Pump Station Temporary Utility Easement Dear Kevin; Per your letter of March 14, 2011 to Mr. Dennis Fisco, please find attached three executed Temporary Utility Easements for the pump station located adjacent to the San Rafael Corporate Center on Lincoln Ave. Please note that the signature block has been revised to reflect the appropriate ownership and execution entities. Upon full execution please return one original to us for our records. Sincerely, Willis K. Polite Jr. cc: Dennis Fisco w/o enclosure 980 FIFTH AVENUE • SAN RAFAEL, CALIFORNIA 94901 (415) 455-0300 • FAX (415) 453-2892 CITY OF SAN RAFAEL, CALIFORNIA DEPARTMENT OF PUBLIC WORKS MEMORANDUM PRIVILEGED & CONFIDENTIAL DATE: March 26, 2011 FILE NO:08.06.60 TO: Eric Davis, Deputy City Attorney FROM: Kevin McGowan, Assistant Public Works Director j04 . RE: Corporate Center Storm Water Pump Station Temporary Utility Agreement Attached are three copies of the agreement between the City and S.R. Corporation Center Phase Two L.L.C. As you may recall, this agreement allows the City to obtain electrical power to the referenced pump station via a temporary utility easement from the adjacent property. Please review the documentation attached, sign on behalf of the City Attorney's office and forward to the City Clerk's office for signature by the Mayor and the Clerk. Please return to us at least two copies of the agreement. We will forward a copy to Seagate Properties Inc. which manages the adjacent property. Public Works will be requesting PG&E to install and energize the short power line to the station following the execution of the agreement. In addition in the next 18 months DPW will be pursuing the installation of a permanent underground service from Second Street. Attachments (3) C: Nader Mansourian Z:\08 Drainage\08.06 Pump Stations\08.06.60 Corporate Ctr Stmwtr Pump Station Renov\Council & Agreements\Seagate\03261 I Eric Davis - Agreement Signatures.doc RECEIVED MAR 2 1 2011 CITY ATTORNEY PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Cornpletion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services aLyreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on draft agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; (J '' ► «�-^' `"�1`' ►moi 11'r�?'• ��i bonds, and insurance certificates and�- �-�- endorsements. 4 JS1� 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. 6 City Clerk City Clerk attests signatures, retains original i agreement and forwards copies to the contracting department. To be completed by Contracting Department: 1 Project Manager: �y-�,ti /`�%� �rrxi,cr��,� Project Name: Agendrzed for City Council Meeting of (if necessary): If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis. 1 RECORDING REQUESTED BY: City of San Rafael WHEN RECORDED MAIL TO:X/L— u� ESTHER C. BEIRNE, City Clerk City of San Rafael �L P.O. Box 151560 San Rafael, CA 94915-1560 t TF S-0 PA DOCUMENT TITLE AGREEMENT FOR TEMPORARY UTILITY EASEMENT WITH S.R. CORPORATE CENTER PHASE TWO L.L.C. FOR ALLOWING ACCESS TO CONNECT ELECTRICAL POWER TO THE CORPORATE CENTER PUMP STATION FOR A LIMITED AMOUNT OF TIME. TI4IS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ADDITIONAL RECORDING FEE APPLIES AGREEMENT FOR TEMPORARY UTILITY EASEMENT WITH S.R. CORPORATE CENTER PHASE TWO L.L.0 FOR ALLOWING ACCESS TO CONNECT ELECTRICAL POWER TO THE CORPORATE CENTER PUMP STATION FOR A LIMITED AMOUNT OF TIME. This Agreement is made and entered into this S 11bc I/ by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and S.R. CORPORATION CENTER PHASE TWO L.L.0 (hereinafter "OWNER"). RECITALS WHEREAS the OWNER is the legal property owner of the property located at 788 Lincoln Avenue, San Rafael, known as Assessor Parcel No 013-021-50 and described in Exhibit "A", attached hereto ("OWNER's Parcel). WHEREAS the CITY owns the property adjacent to the OWNER's property located at 100 Francisco Blvd., San Rafael, described by Parcel No 013-021-45 (CITY'S Parcel"). WHEREAS the OWNER has an electrical service pole on OWNER's Parcel located within 15 feet of the CITY's property which is serviced by Pacific Gas and Electric Company (PG&E) and previously serviced the Corporate Center Storm Water Pump Station located on the CITY's property. WHEREAS the CITY operates the Corporate Center Storni Water Pump Station located on City's property. WHEREAS, the CITY is requesting a Temporary Utility Easement to allow Pacific Gas and Electric Company (PG&E) to provide temporary power to the Corporate Center Pump Station located on CITY's property via the existing power pole on said OWNER's parcel. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. The OWNER grants a Temporary Utility Easement to the CITY across OWNER's Parcel, as described in Exhibit "A" to allow PG&E to utilize the existing power pole on OWNER's Parcel in order to provide power to the CITY's property that services the Corporate Center Storm Water Pump Station. 2. The CITY intends to install a new permanent PG&E underground service from 2nd Street to CITY's property in order to bypassing the OWNER's parcel during the 18 month period of this agreement. Notwithstanding the forgoing, should OWNER commence construction on OWNER's Parcel within the eighteen month period contemplated by this agreement, both parties agree to use reasonable and diligent efforts to accommodate OWNER's construction schedule and timing so this Temporary Utility Easement will not materially interfere with OWNER's construction. 3. The CITY will contact and coordinate all power service hookup efforts with PG&E for temporary power and permanent service power to the Corporate Center Storm Water Pump Station all of which shall be at the CITY's sole cost and expense with no cost or expense to the OWNER. 4. The CITY shall contact the OWNER in writing when the temporary service is no longer needed and prior to PG&E removing the temporary service across the OWNER's Parcel. 5. The parties agree that time is of the essence as to each and every provision of this agreement. 6. The OWNER and CITY agree that this Agreement shall commence on the date first herein written and terminate 18 months thereafter unless an extension is agreed upon by both parties. 7. All notices required or permitted under this Agreement shall be in writing and given by personal delivery or by deposit in the United States mail, postage prepaid, addressed to the party to be notified as follows: CITY: Albert J. Boro, Mayor City of San Rafael 111 Morphew Street P.O. Box 151560 San Rafael, CA 94915-1560 OWNER: Dennis P. Fisco S. R. Corporate Center Phase Two, L.L.C. Seagate Properties Inc. 980 Fifth Street San Rafael, CA 94949 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL SR CORPORTE CENTER PHASE TWO LLC By: Seagate SR Corporate Center LLC By: Seagate Second Street LLC !'Q,,,,._ By: Seagate Lindaro LL V / , .1 ' ALBERT J. BO , Mayor By: Willis K. Polite Jr. Managing Member Agreement • 2 ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorney File No. Agreement • 3 Policy No. LEGAL DESCRIPTION EXHIBIT "A" The land referred to herein is situated In the State of Califomia, County of Marin, City of San Rafael, and is described as follows: PARCEL ONE: PARCEL 8 as shown upon that certain map entitled, "Final Map Being a Subdivision of the Lands of San Rafael Corporate Center, LLC (SN #2000.049730), City of San Rafael, County of Marin, Callfomia", filed for record on September 27, 2002, in Volume 2002 of Maps, at page 185, Marin County Records. EXCEPTING THEREFROM the Reservation of ail minerals and mineral rights, Interests and royalties, including, without limiting the generality thereof, all, gas and other hydrocarbon substances, as well as metallic or other solid minerals, in and under the property, however, Grantor or Its successors and assigns, shall not have the right for any purpose whatsoever to enter upon, Into, or through the surface of the property in connection therewith, as contained in the Deed from Southern Padfic Transportation Company, a Delaware corporation to San Rafael Redevelopment Agency, a body corporate and politic of the State of California, recorded October 30, 1997 as Recorder's Serial No. 97-062019, Marin County Records. PARCEL TWO: Easements for parking, private access, utility and drainage as shown and delineated on that certain map Fled September 27, 2002 in Marin County Offidal Records in Book 2002 of Maps at Page 185. PARCEL THREE: NON-EXCLUSIVE EASEMENTS as described in Article 6 as set forth in that certain Declaration of Covenants, Conditions and Restridlons For San Rafael Corporate Center, recorded October 21, 2002 as Recorder's Serial No. 2002-0093220, Marin County Records APN: 013-021.50 CERTIFICATE OF ACCEPTANCE PURSUANT TO CALIFORNIA GOVERNEMENT CODE SECTION 27281 This is to certify that the interest in the real property conveyed by the document entitled: AGREEMENT FOR TEMPORARY UTILITY EASEMENT WITH SAN RAFAEL CORPORATE CENTER PHASE TWO L.L.C. FOR ALLOWING ACCESS TO CONNECT ELECTRICAL POWER TO THE CORPORATE CENTER PUMP STATION FOR A LIMITED AMOUNT OF TIME dated May, �4 , 2011, is hereby accepted by the undersigned authorized officer on behalf of the City of San Rafael pursuant to authority conferred by Resolution No. 13025 adopted by the City Council of the City of San Rafael, and that the City of San Rafael consents to recordation of said document in the Office of the Recorder of Marin County, Sate of California. Date: A77 2011 BY:i� Albert J. Boro, Mayor City of San Rafael CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California _ , County of `tom\��� On Nl �c�\ before me, l )fr�L`�,Z, Date Here Inserr ame and Title of the Officer cam\\ personally appeared rJame(s of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arfT subscribed to the within instrument and acknowledged to me that he/s1a� executed the same in his/ber/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. r DARCY L. STARR D I certify under PENALTY OF PERJURY under the laws 0 COMM. #1889987 of the State of California that the foregoing paragraph is NOTARY PUBLIC -CALIFORNIA Q MARIN COUNTY 0 true and correct. My Comm. Expires May 18, 2014 4 1 WITNESS my h�d and official) seal. Signature -� Place Notary Seal Above \ 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 T n Title or Type of Document�,,� Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — Limited General ❑ Attorney in Fact - ❑ Trustee Top of thumb here ❑ Guardian or Conservator [ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — Limited General [I Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 02007 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313.2402• www.Nationa]Notaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 ACKNOWLEDGMENT State of California County of Marin On May 4, 2011 before me, Esther C. Beirne, Notary Public (insert name and title of the officer) personally appeared Albert J. Boro who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)If are subscribed to the within instrument and acknowledged to me that le he/they executed the same in lPi /her/their authorized capacity(ies), and that byis er/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. Emissi n B 174 � Commission # 1744802 WITNESS my hand and official seal. d Notary Public - California zZ Marin County MyComm. ETtes Jun 10, 2011 Signature C - �?-e,F``-e • (Seal)