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PW Southern Heights Bridge Temporary Construction Easements 2020PARCEL NO.: 013-124-07 PROJECT: Southern Heights Boulevard Bridge Replacement OWNER: TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS AGREEMENT is made and entered into by and between an unmarried man (hereinafter called "Grantor"), and The City of San Rafael, a California municipal corporation (hereinafter called "City"), By way of this Agreement, Grantor grants to the City temporary construction easement rights for the purposes of facilitating bridge reconstruction, public street improvements and related purposes, in, on, over, under, through, along, and across that specific portion of Grantor's property located in the County of Marin, State of California, particularly described and depicted in Exhibits "A" and "B" attached hereto (the Temporary Construction Easement Area"). 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 the temporary construction easement rights granted herein and, except for default in the performance of the terms hereof, shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. City requires said temporary construction easement rights for bridge and road reconstruction purposes, a public use for which the City may exercise the power of eminent domain. Grantor is compelled to temporarily grant these rights, and the City is compelled to temporarily use these property rights. 3. Both Grantor and City recognize the expense, time, effort, and risk to both Grantor and City in determining the compensation for the temporary property rights by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation. 4. The City shall: (A) Pay the undersigned Grantor the sum of $2,500 as consideration in full for the temporary construction easement rights conveyed, for the loss, replacement and moving of any improvements, and for entering into this Agreement. Said sum shall be paid within thirty days of the date of City acceptance and execution of this Agreement. APN: 013-124-07 City of San Rafael/So. Heights Bridge/ Agreement for TCE Page 1 of 5 It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Agreement, the right of possession and use of the Temporary Construction Easement Area by the City, including the right to remove and dispose of improvements, shall commence on the date payment is received by owner or on January 2, 2021, whichever occurs later and shall terminate 24 months thereafter or on January 2, 2023, whichever occurs later. Grantor shall have use of the Temporary Construction Easement Area until City takes physical possession. In case of unpredictable delays in construction, upon written notification, the term of this temporary construction easement may be extended by an amendment to this Temporary Construction Easement Agreement. In such case, Grantor shall be compensated based on the fair market value at the time of the extension. Payment shall be made to Grantor for the extension prior to the expiration of the original period. The City shall notify the Grantor at telephone number ( 72 hours prior to the commencement of actual construction or by 10 days written notice, first class mail, delivery deemed completed on date of mailing. 6. Grantor warrants that they are the owner in fee simple of the property upon which the Temporary Construction Easement Area is located, and that they have the exclusive right to grant use of the Temporary Construction Easement Area. 7. Grantor warrants that there are no oral or written leases on all or any portion of the property to be encumbered with this temporary construction easement and Grantor further agrees to hold City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor. 8. In consideration of the City waiving the defects and imperfections in all matters of record title, Grantor covenants and agrees to indemnify and hold the City harmless from any and all claims that other parties may make or assert on the title to the premises. Grantor's obligation herein to indemnify the City shall not exceed the amount paid to Grantor under this contract. 9. City agrees to indemnify and holds harmless Grantor from any liability arising out of City operations under this Agreement. City further agrees to assume responsibility for any damages proximately caused by reason of City operations under this Agreement and City will, at its option, either repair or pay for such damage. 10. All work done under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner. All improvements shall be left in as good condition as found. 11. At no expense to the Grantor and at the time of construction, the City shall restore Grantor's property to a comparable or better condition as which existed prior to the City's project construction, to the extent reasonably practical. The existing fencing, entry gate, 3 -slate wooden bridge fence, landscaping, shrubs and/or irrigation lines shall all be protected in place during construction, but will be restored, if affected. The City and City's contractor shall at all times maintain the integrity of Grantor's gate and fence so as to prevent escape of Grantor's pet dogs. The City shall reconstruct the existing wooden APN: 013-124-07 City of San Rafael/So. Heights Bridge/ Agreement for TCE Page 2 of 5 deck access that connects the bridge to the Grantor's existing gate within the Temporary Construction Easement Area labeled as "Parcel 6" on Exhibit B. The portion of the wood deck access behind the gate on the Grantor's property shall remain "as is" and will not require the City's entry unless it shows signs of deterioration as determined by the City's licensed engineer and requires replacement. In such instance, the City, or the City's contractor shall provide not less than 24-hour advance notice of entry and the estimated duration of entry by phone or email to Grantor in order to permit Grantor to safely relocate Grantor's dogs and the City or the City's contractor shall reconstruct this portion of the deck, at no expense to Grantor. Phone: ( Temporary Construction Easement Area labeled as "Parcel 6-1" on Exhibit B requires tree limb pruning under the direction of a licensed arborist. All pruning shall be done from the existing City right of way, where feasible. It may become necessary to enter the Temporary Construction Easement Area for the purposes of tree pruning and job site clean up. Grantor understands and agrees that after completion of construction, all fencing if any and improvements on Grantor's property will remain the sole property of Grantor, and Grantor, will be solely responsible for the maintenance and repair of such improvements. The City's contractor shall properly secure the project site at all times using whatever means and methods are necessary, including but not limited to, security fencing, barricades, video cameras, etc. to prohibit public access through the site, with the exception of property owners whose properties front the bridge. The City's contractor shall provide walking access to adjacent properties at all times. The City's contractor shall maintain access to properties even after hours for the life of the construction. Temporary access ramps shall be installed to maintain access and shall be shown on the City's contractor's staging plan, if deemed necessary by the City's engineer. The City's contractor shall be responsible for designing working drawings, constructing and providing a safe and adequate continuous, accessible and safe path of travel around or through localized construction work zones and to each building, business and property utilized by the public. The City's contractor shall use temporary asphalt, aggregate base, wood/metal ramps, signs, cones, barricades, flashers, and flaggers to direct and channel the public during and after construction. All proposed closures of a pedestrian access path shall be submitted in writing to the City's engineer for review and approval. Advance warning shall be provided to the public should an access path be closed. All safe paths of travel shall be in compliance with applicable Americans with Disabilities Act Accessibility Guidelines (ADAAG), Americans with Disabilities Act (ADA) regulations and the California Manual on Uniform Traffic Control Devices (CAMUTCD). APN: 013-124-07 City of San Rafael/So. Heights Bridge/ Agreement for TCE Page 3 of 5 12. Permission is hereby granted City or its authorized agent to enter upon the Temporary Construction Easement Area for the purpose of facilitating bridge reconstruction, public street improvements and related purposes, and for completing the construction contract work described in Clause 11 of this Agreement. 13. Grantor hereby represents and warrants that during the period of Grantor's ownership of the property there have been no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the property. Grantor further represents and warrant that Grantor has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous wastes, on, from, or under the property which may have occurred prior to Grantor taking title to the property. The payment being made in this transaction reflects the fair -market value of the property without the presence of contamination. If the Temporary Construction Easement Area is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the City may elect to recover its clean-up costs from those who caused or contributed to the contamination. 14. Grantor agrees to provide all required supplemental forms necessary to complete this transaction, including a W-9 Form required for payment processing. 15. This Agreement may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and delivery be deemed an original, and all such counterparts together shall constitute one and the same document. 16. This Agreement is subject to and contingent upon approval and ratification by the City's Council. This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity. 17. This Agreement shall be binding upon and inure to the benefit of the heirs, devisees, executors, administrators, legal representatives, successors and assigns of the Grantor. 18. The Grantor agrees to fully disclose the existence of the Temporary Construction Easement and the City's project to any and all potential buyers in the event the Grantor should choose to sell the above described parcel during the term of the easement or after the acceptance of this Agreement. APN: 013-124-07 City of San Rafael/So. Heights Bridge/ Agreement for TCE Page 4 of 5 In Witness Whereof, the Parties have executed this agreement the day and year last signed and dated below. Date: 'T ho I CITY OF SAN RAFAEL ATTEST: By: J , /1/,,6t 444, . Lindsay Lara �1, City Clerk APPROVED AS TO FORM: By. l t$-LRobert F. Epstein City Attorney CITY'S MAILING ADDRESS: City of San Rafael Department of Public Works 111 Morphew Street San Rafael, CA 94901 Date: l L ✓ V — " Date: Date: f Z,/ ,07.4 ZD No Obligation Other Than Those Set Forth Herein Will Be Recognized APN: 013-124-07 City of San Rafael/So. Heights Bridge/ Agreement for TCE Page 5 of 5 EXHIBIT "A" APN 013-124-07 All that real property situate in the City of San Rafael, County of Marin, State of California, being a portion of the property described in the GRANT DEED to recorded February 5, 2013 in Book 2013 at Page 0008114, Official Records of Marin County, more particularly described as: PARCEL 6 Beginning at the northwest corner of PARCEL ONE of said GRANT DEED, being a point on the east right of way of Southern Heights Boulevard, which bears North 12°06'15 West, 74.83 feet from a 1/2" rebar with plastic cap stamped "RCE 15945"; thence leaving said east right of way along the southerly line of the land described in the TRUST TRANSFER DEED to dated May 1, 2014, recorded May 6, 2014 in Book at Page 0018110, Official Records County of Marin, North 74°34'45" East, 10.02 feet, thence leaving said southerly line South 12°06'15" East, 10.46 feet, thence South 77°53'45" West, 10.00 feet to the said east right of way line of Southern Heights Boulevard, thence along said east right of way North 12°06'15" West, 9.88 feet to said Point of Beginning. Containing 102 square feet, more or less. PARCEL 6-1 Beginning at the southwest corner of PARCEL ONE of said GRANT DEED being marked by a 1/2" rebar with plastic cap stamped "RCE 15945", also being a point on the east right of way of Southern Heights Boulevard, thence along said east right of way of Southern Heights Boulevard North 12°06'15" West, 54.95 feet, thence leaving said east right of way of Southern Heights Boulevard North 77°53'45" East, 10.00 feet, thence South 12°06'15" East, 49.07 feet to the northwesterly line of the land described in the GRANT DEED to Julie Lynn Shemano, trustee of the Julie Shemano Family Trust, dated October 22, 2014, recorded November 13, 2014 in Book 2014 at Page 0047268, Official Record of Marin County; thence along said northwesterly line South 47°27'45" West, 11.60 feet to said east right of way of Southern Heights Boulevard and the Point of Beginning. Containing 520 square feet, more or less. Bearings and distances shown are based on the California Coordinate System 1983 (2011), Epoch 2010.00, Zone 3. Divide distances shown by 0.99993 to obtain ground level distances. This real property description has been prepared at Mark Thomas, by me, or under my direction, in conformance with the Professional Land Surveyors Act. Q LAND SD�GF� SAMUEL R. MCINTYRE * No. 931September 21, 2018 sj. 3 �Q SAM'UfL R. MCINTYRE LS. 9313 qlF DF CAO � Date LEGEND O.R. OFFICIAL RECORDS COUNTY OF MARIN POB POINT OF BEGINNING TICE TEMPORARY CONSTRUCTION EASEMENT O FOUND MONUMENT AS NOTED o DIMENSION POINT ( ) RECORD DATA ® TICE AREA EXISTING RIGHT OF WAY PROPERTY LINE POB PARCEL 6 RN 0/3-114- doc --- TCE BOUNDARY FOUND BRASS TAG 1014-018110 STAMPED RCE 15945 — SOUTHERLY LINE ON ROD ARM BEARS r —1. EXISTING EASEMENT N88'37'19"E 0.73' 1 TICE FOR ENCROACHMENT REFERENCES FROM PROPERTY 1 PARCEL 6 PURPOSES PER (1) BOOK 13 OF SURVEYS CORNER 1 102 sf DOC 2013-0008114 AT PAGE 16 1 APIC• 01J-114-07 PARCE K 0' DOC 1013-0G{9114 0.18 oc rrSAMULANDECINTYRE (2) BOOK 17 OF MAPS AT PAGE 71 20.00 L1 (3) BOOK 20 OF SURVEYS r N AT PAGE 14 .. Z � L6 z N L wo W� LINE TABLE 4 L1 N74'3445 "E 10.02' L2 S12 06'15"E 10.46'^,, w L3 S775345"W 10.00' L4 N12 06'15"W 9.88' m cn LS " N12 06 15 W 54.95 APIC• 011-181-J7 = c � to _ L6 N77 5345 "E 10.00' va r— z L7 S12 06'15"E 49.08' v L8 S47 2745 "W 11.60' TCE PARCEL 6-1 0 520 sf AN 013- 2-01 DOC 1014-07168 0.51 x NORTHWESTERLY LINE PARCEL TWO DOC. 2013-008114 ---POB PARCEL 6-1 1 1 1/2" REBAR WITH 1 PLASTIC CAP STAMPED RCE 15945 IN LIEU OF 3/4" IRON PIPE & TAG RCE 15945. PER (3) 0 20 40 80 Feet SCALE 1" = 40' BEARINGS AND DISTANCES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983 (2011), EPOCH 2010.00, ZONE 3. DIVIDE DISTANCES SHOWN BY 0.99993 TO OBTAIN GROUND LEVEL DISTANCES. EXHIBIT B 16 U Temporary ■ ■ Construction Easement Me: 1" Parcel #6 OMAs �(SAN RAFAEL Scale: 1 = 40' APN 013-124-07 ` THE CITY WITH A MISSION Date Sep. 2018 In the City of San Rafael Drawn By MSW Checked By SRM Marin County, California PARCEL NO.: 012-282-40 PROJECT: Southern Heights Boulevard. Bridge Replacement OWNER: TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS AGREEMENT is made and entered into by and between dated July 5, 2001, and any amendments thereto (hereinafter called "Grantor"), and The City of San Rafael, a California municipal corporation (hereinafter called "City"), By way of this Agreement, Grantor grants to the City temporary construction easement rights for the purposes of facilitating bridge reconstruction, public street improvements and related purposes, in, on, over, under, through, along, and across that specific portion of Grantor's property located in the County of Marin, State of California, particularly described and depicted in Exhibits "A" and `B" attached hereto (the Temporary Construction Easement Area"). In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for the temporary construction easement rights granted herein and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement (the "Easement"). 2. City requires said temporary construction easement rights for bridge and road reconstruction purposes, a public use for which the City may exercise the power of eminent domain. 3. Both Grantor and City recognize the expense, time, effort, and risk to both Grantor and City in determining the compensation for the temporary property rights by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation. 4. The City shall: (A)Pay the undersigned Grantor the sum of $1,000 as consideration in full for the temporary construction easement rights conveyed, for the loss, replacement and moving of any improvements, and for entering into this Agreement. Said sum shall be paid within thirty days of the date of City acceptance and execution of this Agreement. 5. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Agreement, the right of possession and use of the Temporary Construction Easement Area by the City, including the right to remove and dispose of improvements, shall commence on January 2, 2021 and terminate on July 2, 2022 or at completion of construction, whichever comes first. For the purposes of this agreement, "completion of construction" is defined as acceptance of the project by the City Council. Grantor shall have use of the Temporary Construction Easement Area until City takes physical possession. The City shall notify the Grantor at telephone number ( 72 hours prior to the commencement of actual construction or by 10 days written notice, first class mail, delivery deemed completed on date of mailing. 6. Grantor warrants that they are the owner in fee simple of the property upon which the Temporary Construction Easement Area is located, and that they have the exclusive right to grant use of the Temporary Construction Easement Area. 7. Grantor warrants that there are no oral or written leases on all or any portion of the property to be encumbered with this temporary construction easement and Grantor further agrees to hold City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor. In consideration of the City waiving the defects and imperfections in all matters of record title, Grantor covenants and agrees to indemnify and hold the City harmless from any and all claims that other parties may make or assert on the title to the premises. Grantor's obligation herein to indemnify the City shall not exceed the amount paid to Grantor under this contract. 9. City agrees to indemnify, defend and hold Grantor harmless from any claims, demands, causes of action, damages, costs, expenses, losses or liabilities, in law or in equity, of every kind and nature whatsoever ("Claims") arising out of or related to the construction easement, including but not limited to any damage that results from the neighboring properties and carries over to the Grantor's property which is the subject of this Agreement. City further agrees to assume responsibility for any damages proximately caused by reason of City's operations under this Agreement and City will, at its option, either repair or pay for such damage. 10. All work done under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner. All improvements shall be left in as good condition as found. 11. At no expense to the Grantor and no later than the end of this Easement, City shall restore Grantor's property to a comparable condition as it existed prior to the City's project construction, to the extent reasonably practical. The City shall photograph the Easement Area before beginning work and share all photos with Grantor. Said restoration shall include the replacement or repair of features of the easement immediately at the end of the project, including, but not limited to, trees, fencing, landscaping, culverts, irrigation lines and any other features of the Easement. Grantor understands and agrees that after completion of construction, all fencing and improvements of other features repaired or replaced by City on Grantor's property will remain the sole property of Grantor and Grantor will be solely responsible for the maintenance and repair of such improvements, except as noted below. Notwithstanding the termination of the Easement, City shall be responsible for watering and other care of any tree replacements and other vegetation planted by the City for a period of two years after planting. The City shall take no action which will cause the drainage flow to exceed the current capacity of the water drainage system. 12. Permission is hereby granted City or its authorized agent to enter upon the Temporary Construction Easement Area for the purpose of facilitating bridge reconstruction, public street improvements and related purposes, and for completing the construction contract work described in Clause 11 and 13 of this Agreement. Permission is additionally granted to the City on the Grantor's property immediately adjacent to the Easement to complete the work described in Clause 14. All entry shall be from the bridge side of the property, except that City may request access from the home side of the property (Pleasant Lane) by an email request to Grantor, which request shall describe the nature of the access requested. 13. City shall ensure that its Contractor and other agents are responsible for controlling any erosion within the Easement during the time they are working on the property. Such responsibility may include hydroseeding, jute netting, and/or straw wattles, which help control soil disturbances resulting from construction activities. Temporary erosion and debris control construction fencing will also be installed on the boundary line of the Easement for the purpose of controlling, minimizing and mitigating the downhill flow of construction debris, trash and land erosion that may be caused by construction. Frequent inspection of the fencing will occur as part of project construction and any debris captured by the fencing within the Easement shall be removed. The City shall periodically photograph the work area to confirm the state of the Easement Area and share those photos with Grantor. City shall periodically inspect the slope within the Easement Area and if erosion due to construction activity impedes drainage devices and culverts within or adjacent to the Easement Area from Southern Heights Boulevard to Pleasant Lane, the City or its contractor will promptly clear those devices and culverts. City shall also require its contractor(s) to make Grantor an additional named insured on its general liability policy and confirm in writing with contractor(s), with a copy to Grantor, that the general liability policy does not have an erosion exclusion. The existing 12" diameter drainpipe that runs parallel along the westside of Southern Heights Boulevard will remain operational for conveying water downhill unless the construction activity requires replacement, as presently shown on the construction drawings for a portion of said pipe. If the construction process requires replacement of the existing drainpipe for any reason, there should be no lapse in time between removal and replacement of the drainpipe beyond a reasonable timeframe for replacing the pipe. 14. Grantor hereby represents and warrants that during the period of Grantor's ownership of the property there have been no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the property, except that the property has been littered with refuse thrown from the bridge. Although there is no inventory of those items, it includes a car battery, a mail box and broken bottles, among other items. City will clear any such refiise, at its own cost, which is on or immediately adjacent to the Easement Area. Grantor further represents and warrant that Grantor has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous wastes, on, from, or under the property which may have occurred prior to Grantor taking title to the property. The payment being made in this transaction reflects the fair -market value of the property without the presence of contamination. If the Temporary Construction Easement Area is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the City may elect to recover its clean-up costs from those who caused or contributed to the contamination. 15. Grantor shall be responsible for maintaining the defensible space for fire protection purposes at all times on the entire property, before, during, and after construction as required by the City's Fire Department. When the City's general contractor is provided a Notice to Proceed with onsite construction of the project, only then will the City's contractor also maintain the defensible space within the Easement area until construction is completed. Once the City deems the project acceptable, as defined by the City Council accepting the project, and issues a Notice of Completion to the County of Marin for recording purposes, the Grantor shall immediately reassume maintenance of the defensible space within the Easement regardless of whether or not the Easement period has expired. 16. Grantor agrees to provide all required supplemental forms necessary to complete this transaction, including a W-9 Form required for payment processing. 17. This Agreement may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and delivery be deemed an original, and all such counterparts together shall constitute one and the same document. 18. This Agreement is subject to and contingent upon approval and ratification by the City's Council. This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity. 19. This Agreement shall be binding upon and inure to the benefit of the heirs, devisees, executors, administrators, legal representatives, successors and assigns of the Grantor. 20. The Grantor agrees to fully disclose the existence of the Temporary Construction Easement and the City's project to any and all potential buyers in the event the Grantor should choose to sell the above described parcel during the term of the easement or after the acceptance of this Agreement. In Witness Whereof, the Parties have executed this agreement last signed and dated below. GRANTOR: dated July 5, 2001, and any amendments thereto By: CITY OF SAN RAFAEL By: ATTEST: By: S, IVaAV�- Lindsay Lara �Ir- City Clerk APPROVED AS TO FORM: By' . L-A Robert F. Epstein City Attorney CITY'S MAILING ADDRESS: City of San Rafael Department of Public Works 111 Morphew Street San Rafael, CA 94901 Date: /d /.w"740 Date: Date: /"?- '2-6 Date: f Z%9'�28 Zd No Obligation Other Than Those Set Forth Herein Will Be Recognized EXHIBIT "A" APN 012-282-40 All that real property situate in the City of San Rafael, County of Marin, State of California, being a portion of PARCEL ONE described in the TRUST TRANSFER DEED to under the dated July 5, 2001, and any amendments thereto, recorded September 24, 2001 in Book 2001 at Page 0061899, Official Records of Marin County, more particularly described as: Beginning at the northeast corner of the Grant Deed to and recorded December 24,1987 in Book 1987 at Page 0081345, Official Records of Marin County, also being the southeast corner of Lots 8 & 9 as shown on that MAP OF PICOLO VALLE recorded December 15, 1878, in BOOK 17 of MAPS at PAGE 71, Official Records of Marin County; thence along the southerly line of said Lot 9 South 79°55'35" West, 30.02 feet; thence leaving said southerly line North 12°06'15" West, 24.40 feet to the southwesterly line of Lot 8 as shown on said MAP OF PICOLO VALLE; thence along said southwesterly line South 61°48'30" East, 39.33 feet to the Point of Beginning. Containing 366 square feet. Bearings and distances shown are based on the California Coordinate System 1983 (2011), Epoch 2010.00, Zone 3. Divide distances shown by 0.99993 to obtain ground level distances. This real property description has been prepared at Mark Thomas, by me, or under my direction, in conformance with the Professional Land Surveyors Act. LAND SAMUEL R. MCINTYRE No. 9313 �� qTF O. 91�F September 21, 2018 SAMUEL R. MCINTYRE LS. 9313 Date LEGEND O.R. OFFICIAL RECORDS COUNTY OF MARIN POB POINT OF BEGINNING 'I TICE TEMPORARY CONSTRUCTION EASEMENT 1 1 o DIMENSION POINT 1 ( ) RECORD DATA 10T7 1 ® TCE AREA EXISTING RIGHT OF WAY PROPERTY LINE I --- TCE BOUNDARY SOUTH LINE 1 NOTE: SUBJECT TO A 5' WIDE PG&E EASEMENT PER BK.3635, PG.527 REFERENCES Construction Easement (1) BOOK 13 OF SURVEYS AT PAGE 16 �'� SAN RAFAEL (2) BOOK 17 OF MAPS AT PAGE 71 AP N 012-282-040 (3) BOOK 20 OF SURVEYS AT PAGE 14 In the City of San Rafael LOT 7 1 LINE TABLE 1 O.R. I Ll 579-55'35-W 30.02' 1 1 L2 N12 06'15"W 24.40' I 1 1 I L3 S61 48'30"E 39.33' 1 —� — — ' rn N EASEMENT PER BK 17 i APIC• 011-141-37 1 MAPS AT PAGE 71 Doc 1014-IX1141v 1 Co (A LOT 8 SOUTHWESTERLY LAND ?� LINE LOT 8 c� �o SG��� " � APIC- 011-182-V Doc 2001-01899 O.R. ff 17MAPSATPAtT71 LOT 9 n7Qflr 0 20 40 80 Feet SCALE 1" = 40' BEARINGS AND DISTANCES SHOWN ARE 1983 (2011), EPOCH 2010.00, ZONE 3. GROUND LEVEL DISTANCES. 30.00' o SOUTHERLY o NY� LINE LOT 9 L1 20.001 — TICE PARCEL 2 366 sf POB 89-81345 ALSO BEING THE APIC• 011-181-17 SOUTHEAST CORNER OF LOTS kU-Ni5 8 & 9 PER (2) BASED ON THE CALIFORNIA COORDINATE SYSTEM OF DIVIDE DISTANCES SHOWN BY 0.99993 TO OBTAIN EXHI81 T 8 U Temporary ■ ■ Construction Easement MARK TNONASParcel #2 �'� SAN RAFAEL Scale: 1" = 40' AP N 012-282-040 THE CITY WITH A MISSION Date Sep. 2018 In the City of San Rafael Drawn By MSW Marin County, California Checked B SRM PARCEL NO.: 012-282-44 PROJECT: Southern Heights Boulevard. Bridgc Replacement OWNER: dated January 25, 2016 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS AGREEMENT is made and entered into by and between dated January 25, 2016 (hereinafter called "Grantor"), and The City of San Rafael, a California municipal corporation (hereinafter called "City"), By way of this Agreement, Grantor grants to the City temporary construction easement rights for the purposes of facilitating bridge reconstruction, public street improvements and related purposes, in, on, over, under, through, along, and across that specific portion of Grantor's property located in the County of Marin, State of California, particularly described and depicted in Exhibits "A" and "B" attached hereto (the "Temporary Construction Easement Area"). 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 the temporary construction easement rights granted herein and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement (the "Easement"). 2. City requires said temporary construction easement rights for bridge and road reconstruction purposes, a public use for which the City may exercise the power of eminent domain. I Both Grantor and City recognize the expense, time, effort, and risk to both Grantor and City in determining the compensation for the temporary property rights by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation. 4. The City shall: (A)Pay the undersigned Grantor the sum of $12,000 as consideration in full for the temporary construction easement rights conveyed, for the loss, replacement and moving of any improvements, and for entering into this Agreement. Said sum shall be paid within thirty days of the date of City acceptance and execution of this Agreement. APN: 012-282-44 City of San Rafael/So. Heights Bridge/ Agreement for TCE Page l of 5 5. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Agreement, the right of possession and use of the Temporary Construction Easement Area by the City, including the right to remove and dispose of improvements, shall commence on January 2,2021 and terminate on July 2, 2022 or at completion of construction, whichever comes first. For the purposes of this agreement, "completion of construction" is defined as acceptance of the project by the City Council. Grantor shall have use of the Temporary Construction Easement Area until City takes physical possession. The City shall notify the Grantor at telephone number ( 72 hours prior to the commencement of actual construction or by 10 days written notice, first class mail, delivery deemed completed on date of mailing. 6. Grantor warrants that they are the owner in fee simple of the property upon which the Temporary Construction Easement Area is located, and that they have the exclusive right to grant use of the Temporary Construction Easement Area. 7. Grantor warrants that there are no oral or written leases on all or any portion of the property to be encumbered with this temporary construction easement and Grantor further agrees to hold City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor. 8. In consideration of the City waiving the defects and imperfections in all matters of record title, Grantor covenants and agrees to indemnify and hold the City harmless from any and all claims that other parties may make or assert on the title to the premises. Grantor's obligation herein to indemnify the City shall not exceed the amount paid to Grantor under this contract. 9. City agrees to indemnify, defend and hold Grantor harmless from any claims, demands, causes of action, damages, costs, expenses, losses or liabilities, in law or in equity, of every kind and nature whatsoever ("Claims") arising out of or related to the construction easement, including but not limited to any damage that results from the neighboring properties and carries over to the Grantor's property which is the subject of this Agreement. City further agrees to assume responsibility for any damages proximately caused by reason of City's operations under this Agreement and City will, at its option, either repair or pay for such damage. 10. All work done under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner. All improvements shall be left in as good condition as found. 11. At no expense to the Grantor and no later than the end of this Easement, City shall restore Grantor's property to a comparable condition as it existed prior to the City's project construction, to the extent reasonably practical. The City shall photograph the Easement Area before beginning work and share all photos with Grantor. Said restoration shall include the replacement or repair of features of the easement immediately at the end of the project, including, but not limited to, trees, fencing, landscaping, culverts, irrigation lines and any other features of the Easement. Grantor understands and agrees that after completion of construction, all fencing and improvements of other features repaired or APN: 012-282-44 City of San Rafael/So. Heights Bridge/ Agreement for TCE Page 2 of 5 replaced by City on Grantor's property will remain the sole property of Grantor and Grantor will be solely responsible for the maintenance and repair of such improvements, except as noted below. Notwithstanding the termination of the Easement, City shall be responsible for watering and other care of any tree replacements and other vegetation planted by the City for a period of two years after planting. The City shall take no action which will cause the drainage flow to exceed the current capacity of the water drainage system. 12. Permission is hereby granted City or its authorized agent to enter upon the Temporary Construction Easement Area for the purpose of facilitating bridge reconstruction, public street improvements and related purposes, and for completing the construction contract work described in Clause 11 and 13 of this Agreement. Permission is additionally granted to the City on the Grantor's property immediately adjacent to the Easement to complete the work described in Clause 14. All entry shall be from the bridge side of the property, except that City may request access from the home side of the property (Pleasant Lane) by an email request to Grantor, which request shall describe the nature of the access requested. 13. City shall ensure that its Contractor and other agents are responsible for controlling any erosion within the Easement during the time they are working on the property. Such responsibility may include hydroseeding, jute netting, and/or straw wattles, which help control soil disturbances resulting from construction activities. Temporary erosion and debris control construction fencing will also be installed on the boundary line of the Easement for the purpose of controlling, minimizing and mitigating the downhill flow of construction debris, trash and land erosion that may be caused by construction. Frequent inspection of the fencing will occur as part of project construction and any debris captured by the fencing within the Easement shall be removed. The City shall periodically photograph the work area to confirm the state of the Easement Area and share those photos with Grantor. City shall periodically inspect the slope within the Easement Area and if erosion due to construction activity impedes drainage devices and culverts within or adjacent to the Easement Area from Southern Heights Boulevard to Pleasant Lane, the City or its contractor will promptly clear those devices and culverts. City shall also require its contractor(s) to make Grantor an additional named insured on its general liability policy and confirm in writing with contractor(s), with a copy to Grantor, that the general liability policy does not have an erosion exclusion. The existing 12" diameter drainpipe that runs parallel along the westside of Southern Heights Boulevard will remain operational for conveying water downhill unless the construction activity requires replacement, as presently shown on the construction drawings for a portion of said pipe. If the construction process requires replacement of the existing drainpipe for any reason, there should be no lapse in tithe between removal and replacement of the drainpipe beyond a reasonable timeframe for replacing the pipe. 14. Grantor hereby represents and warrants that during the period of Grantor's ownership of the property there have been no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the property, except that the property has been littered with refuse thrown from the bridge. Although there is no inventory of those items, it includes a car battery, a mail box and broken bottles, among other items. City will clear any such refuse, at its own cost, which is on or immediately adjacent to the Easement Area. Grantor further represents and warrant that Grantor has no knowledge of APN: 012-282114 City of San Rafael/So. Heights Bridge/ Agreement for TCE Page 3 of 5 any disposal, release, or threatened release of hazardous substances or hazardous wastes, on, from, or under the property which may have occurred prior to Grantor taking title to the property. The payment being made in this transaction reflects the fair -market value of the property without the presence of contamination. If the Temporary Construction Easement Area is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the City may elect to recover its clean-up costs from those who caused or contributed to the contamination. 15. Grantor shall be responsible for maintaining the defensible space for fire protection purposes at all times on the entire property, before, during, and after construction as required by the City's Fire Department. When the City's general contractor is provided a Notice to Proceed with onsite construction of the project, only then will the City's contractor maintain the defensible space within the Easement area until construction is completed. Once the City deems the project acceptable, as defined by the City Council accepting the project, and issues a Notice of Completion to the County of Marin for recording purposes, the Grantor shall immediately reassume maintenance of the defensible space within the Easement regardless of whether or not the Easement period has expired. 16. Grantor agrees to provide all required supplemental forms necessary to complete this transaction, including a W-9 Form required for payment processing. 17. This Agreement may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and delivery be deemed an original, and all such counterparts together shall constitute one and the same document. 18. This Agreement represents Grantor's settlement proposal and is expressly subject to and contingent upon approval and ratification by the City's Council. This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity. 19. This Agreement shall be binding upon and inure to the benefit of the heirs, devisees, executors, administrators, legal representatives, successors and assigns of the Grantor. 20. The Grantor agrees to fully disclose the existence of the Temporary Construction Easement and the City's project to any and all potential buyers in the event the Grantor should choose to sell the above described parcel during the term of the easement or after the acceptance of this Agreement. APN: 012-282-41 City of San Rafael/So. Heights Bridge/ Agreement for TCE Page 4 of 5 In Witness Whereof, the Parties have executed this agreement last signed and dated below. dated January 25, 2016 CITY O SAN RAF L By: _. _. Date: ii�i Sc utz Ct anager ATTEST: By: O/V✓�/V Lindsay Lara f�r City Clerk APPROVED AS TO FORM: By. Robert F. Epstein City Attorney CITY'S MAILING ADDRESS: City of San Rafael Department of Public Works 111 Morphew Street San Rafael, CA 94901 Date: Date: 12JP /ZIP 2 ) No Obligation Other Than Those Set Forth Herein Will Be Recognized APN: 012-282-44 City of San Rafael/So. Heights Bridge/ Agreement for TCI; Page 5 of 5 PARCEL NO.: 012-282-37 PROJECT: Southern Heights Boulevard Bridge Replacement OWNER: TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS AGREEMENT is made and entered into by and between 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"), By way of this Agreement, Grantor grants to the City temporary construction easement rights for the purposes of facilitating bridge reconstruction, public street improvements and related purposes, in, on, over, under, through, along, and across that specific portion of Grantor's property located in the County of Marin, State of California, particularly described and depicted in Exhibits "A" and "B" attached hereto (the Temporary Construction Easement Area"). In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for the temporary construction easement rights granted herein and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement (the "Easement"). City requires said temporary construction easement rights for bridge and road reconstruction purposes and 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 communion 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; all a public use for which the City may exercise the power of eminent domain. 3. Both Grantor and City recognize the expense, time, effort, and risk to both Grantor and City in determining the compensation for the temporary property rights by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation. 4. The City shall: (A)Pay the undersigned Grantor the sum of $20,000 as consideration in full for the temporary construction easement rights conveyed, for the loss, replacement and moving of any improvements, and for entering into this Agreement. Said sum shall be paid within thirty days of the date of City acceptance and execution of this Agreement. APN: 012-282-37 City of San Rafael/So. Heights Bridge/ Agreement for TCE Page 1 of 5 5. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Agreement, the right of possession and use of the Temporary Construction Easement Area by the City, including the right to remove and dispose of improvements, shall commence on January 2, 2021 and terminate on July 2, 2022 or at completion of construction, whichever comes first. For the purposes of this agreement, "completion of construction" is defined as acceptance of the project by the City Council. Grantor shall have use of the Temporary Construction Easement Area until City takes physical possession. The City shall notify the Grantor at telephone number ( 72 hours prior to the commencement of actual construction or by 10 days written notice, first class mail, delivery deemed completed on date of mailing. 6. Grantor warrants that they are the owner in fee simple of the property upon which the Temporary Construction Easement Area is located, and that they have the exclusive right to grant use of the Temporary Construction Easement Area. 7. Grantor warrants that there are no oral or written leases on all or any portion of the property to be encumbered with this temporary construction easement and Grantor further agrees to hold City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor. 8. In consideration of the City waiving the defects and imperfections in all matters of record title, Grantor covenants and agrees to indemnify and hold the City harmless from any and all claims that other parties may make or assert on the title to the premises. Grantor's obligation herein to indemnify the City shall not exceed the amount paid to Grantor under this contract. 9. City agrees to indemnify, defend and hold Grantor harmless from any claims, demands, causes of action, damages, costs, expenses, losses or liabilities, in law or in equity, of every kind and nature whatsoever ("Claims") arising out of or related to the construction easement, including but not limited to any damage that results from the neighboring properties and carries over to the Grantor's property which is the subject of this Agreement. City further agrees to assume responsibility for any damages proximately caused by reason of City's operations under this Agreement and City will, at its option, either repair or pay for such damage. 10. All work done under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner. All improvements shall be left in as good condition as found. 11. At no expense to the Grantor and no later than the end of this Easement, City shall restore Grantor's property to a comparable condition as it existed prior to the City's project construction, to the extent reasonably practical. The City shall photograph the Easement Area before beginning work and share all photos with Grantor. Said restoration shall include the replacement or repair of features of the easement immediately at the end of the project, including, but not limited to, trees, fencing, landscaping, culverts, irrigation lines and any other features of the Easement. Grantor understands and agrees that after completion of construction, all fencing and improvements of other features repaired or APN: 012-282-37 City of San Rafael/So. Heights Bridge/ Agreement for TCE Page 2 of 5 replaced by City on Grantor's property will remain the sole property of Grantor and Grantor will be solely responsible for the maintenance and repair of such improvements, except as noted below. Notwithstanding the termination of the Easement, City shall be responsible for watering and other care of any tree replacements and other vegetation planted by the City for a period of two years after planting. The City shall take no action which will cause the drainage flow to exceed the current capacity of the water drainage system. 12. Permission is hereby granted City or its authorized agent to enter upon the Temporary Construction Easement Area for the purpose of facilitating bridge reconstruction, public street improvements and related purposes, and for completing the construction contract work described in Clause 11 and 13 of this Agreement. Permission is additionally granted to the City on the Grantor's property immediately adjacent to the Easement to complete the work described in Clause 14. All entry shall be from the bridge side of the property, except that City may request access from the home side of the property (Pleasant Lane) by an email request to Grantor, which request shall describe the nature of the access requested. 13. City shall ensure that its Contractor and other agents are responsible for controlling any erosion within the Easement during the time they are working on the property. Such responsibility may include hydroseeding, jute netting, and/or straw wattles, which help control soil disturbances resulting from construction activities. Temporary erosion and debris control construction fencing will also be installed on the boundary line of the Easement for the purpose of controlling, minimizing and mitigating the downhill flow of construction debris, trash and land erosion that may be caused by construction. Frequent inspection of the fencing will occur as part of project construction and any debris captured by the fencing within the Easement shall be removed. The City shall periodically photograph the work area to confirm the state of the Easement Area and share those photos with Grantor. City shall periodically inspect the slope within the Easement Area and if erosion due to construction activity impedes drainage devices and culverts within or adjacent to the Easement Area from Southern Heights Boulevard to Pleasant Lane, the City or its contractor will promptly clear those devices and culverts. City shall also require its contractor(s) to snake Grantor an additional named insured on its general liability policy and confirm in writing with contractor(s), with a copy to Grantor, that the general liability policy does not have an erosion exclusion. The existing 12" diameter drainpipe that runs parallel along the westside of Southern Heights Boulevard will remain operational for conveying water downhill unless the construction activity requires replacement, as presently shown on the construction drawings for a portion of said pipe. If the construction process requires replacement of the existing drainpipe for any reason, there should be no lapse in time between removal and replacement of the drainpipe beyond a reasonable timeframe for replacing the pipe. 14. Grantor hereby represents and warrants that during the period of Grantor's ownership of the property there have been no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the property, except that the property has been littered with refuse thrown from the bridge. Although there is no inventory of those items, it includes a car battery, a snail box and broken bottles, among other items. City will clear any such refuse, at its own cost, which is on or immediately adjacent to the Easement Area. Grantor further represents and warrant that Grantor has no knowledge of APN: 012-282-37 City of San RafaeVSo. Heights Bridge/ Agreement for TCE Page 3 of 5 any disposal, release, or threatened release of hazardous substances or hazardous wastes, on, from, or under the property which may have occurred prior to Grantor taking title to the property. The payment being made in this transaction reflects the fair -market value of the property without the presence of contamination. If the Temporary Construction Easement Area is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the City may elect to recover its clean-up costs from those who caused or contributed to the contamination. 15. Grantor shall be responsible for maintaining the defensible space for fire protection purposes at all times on the entire property, before, during, and after construction as required by the City's Fire Department. When the City's general contractor is provided a Notice to Proceed with onsite construction of the project, only then will the City's contractor also maintain the defensible space within the Easement area until construction is completed. Once the City deems the project acceptable, as defined by the City Council accepting the project, and issues a Notice of Completion to the County of Marin for recording purposes, the Grantor shall immediately reassume maintenance of the defensible space within the Easement regardless of whether or not the Easement period has expired. 16. Grantor agrees to provide all required supplemental forms necessary to complete this transaction, including a W-9 Form required for payment processing. 17. This Agreement may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and delivery be deemed an original, and all such counterparts together shall constitute one and the same document. 18. This Agreement represents Grantor's settlement proposal and is expressly subject to and contingent upon approval and ratification by the City's Council. This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity. 19. This Agreement shall be binding upon and inure to the benefit of the heirs, devisees, executors, administrators, legal representatives, successors and assigns of the Grantor. 20. The Grantor agrees to fully disclose the existence of the Temporary Construction Easement and the City's project to any and all potential buyers in the event the Grantor should choose to sell the above described parcel during the term of the easement or after the acceptance of this Agreement. APN: 012-282-37 City of San Rafael/So. Heights Bridge/ Agreement for TCE Page 4 of 5 In Witness Whereof, the Parties have executed this agreement last signed and dated below. GRANTOR: dated November 21, 1997 as amended and restated on May 13, 2013 Date: / Z�U, ZZ Date: D /5,4att Date: L 1/ Q /2j a No Obligation Other Than Those Set Forth Herein Will Be Recognized APN: 012-282-37 City of San RafaeUSo. Heights Bridge/ Agreement for TCE Page 5 of 5 PARCEL NO.: 013-124-06 PROJECT: Southern Heights Boulevard. Bridge Replacement OWNER: TEMPORARY CONSTRUCTION EASEMENT AND TEMPORARY PEDESTRIAN EASEMENT AGREEMENT THIS AGREEMENT is made and entered into by and between (hereinafter called "Grantor"), and The City of San Rafael, a California municipal corporation (hereinafter called "City"), By way of this Agreement, Grantor grants to the City temporary construction easement and temporary pedestrian easement rights for the purposes of facilitating bridge reconstruction, public street improvements and related purposes, in, on, over, under, through, along, and across that specific portion of Grantor's property located in the County of Marin, State of California, particularly described and depicted in Exhibits "A" and `B" attached hereto (the Temporary Construction Easement and Temporary Pedestrian Easement Area"). 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 the temporary construction easement and temporary pedestrian easement rights granted herein and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. City requires said temporary construction easement and temporary pedestrian easement rights for bridge and road reconstruction purposes, a public use for which the City may exercise the power of eminent domain. Grantor is compelled to temporarily grant these rights, and the City is compelled to temporarily use these property rights. 3. Both Grantor and City recognize the expense, time, effort, and risk to both Grantor and City in determining the compensation for the temporary property rights by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation. 4. The City shall: (A) Pay the undersigned Grantor the sum of $2,800 as consideration in full for the temporary construction easement and temporary pedestrian easement rights conveyed, for the loss, replacement and moving of any improvements, and for entering into this Agreement. Said sum shall be paid within thirty days of the date of City acceptance and execution of this Agreement. APN: 013-124-06 City of San RafaeVSo. Heights Bridge/ Agreement for TCE Page 1 of 5 It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Agreement, the right of possession and use of the Temporary Construction Easement and Temporary Pedestrian Easement Area by the City, including the right to remove and dispose of improvements, shall commence on the date payment is received by owner or on January 2, 2021, whichever occurs later and shall terminate 24 months thereafter or on January 2, 2023, whichever occurs later. Grantor shall have use of the Temporary Construction Easement and Temporary Pedestrian Easement Area until City takes physical possession. In case of unpredictable delays in construction, upon written notification, the term of this temporary construction easement may be extended by an amendment to this Temporary Construction Easement Agreement. In such case, Grantor shall be compensated based on the fair market value at the time of the extension. Payment shall be made to Grantor for the extension prior to the expiration of the original period. The City shall notify the Grantor at telephone number ( 72 hours prior to the commencement of actual construction or by 10 days written notice, first class mail, delivery deemed completed on date of mailing. 6. Grantor warrants that they are the owner in fee simple of the property upon which the Temporary Construction Easement and Temporary Pedestrian Easement Area is located, and that they have the exclusive right to grant use of the Temporary Construction Easement and Temporary Pedestrian Easement Area. 7. Grantor warrants that there are no oral or written leases on all or any portion of the property to be encumbered with this temporary construction easement and Grantor further agrees to hold City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor. 8. In consideration of the City waiving the defects and imperfections in all matters of record title, Grantor covenants and agrees to indemnify and hold the City harmless from any and all claims that other parties may make or assert on the title to the premises. Grantor's obligation herein to indemnify the City shall not exceed the amount paid to Grantor under this contract. 9. City agrees to indemnify and holds harmless Grantor from any liability arising out of City operations under this Agreement. City further agrees to assume responsibility for any damages proximately caused by reason of City operations under this Agreement and City will, at its option, either repair or pay for such damage. 10. All work done under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner. All improvements shall be left in as good condition as found. 11. At no expense to the Grantor and at the time of construction, the City shall generally restore Grantor's property to a comparable condition as it existed prior to the City's project construction, to the extent reasonably practical. Said restoration shall include the reestablishment of a small portion of wooden fencing, and the entry pathway to match the grade of the new bridge. All landscaped areas, remaining fencing, trees and shrubs and/or irrigation lines are to be protected in place during construction, but shall be restored, if APN: 013-124-06 City of San Rafael/So. Heights Bridge/ Agreement for Page 2 of 5 affected. Grantor understands and agrees that after completion of construction, all fencing if any and improvements on Grantor's property will remain the sole property of Grantor and Grantor will be solely responsible for the maintenance and repair of such improvements. The City's contractor shall properly secure the project site at all times using whatever means and methods are necessary, including but not limited to, security fencing, barricades, video cameras, etc. to prohibit public access through the site, with the exception of property owners whose properties front the bridge. The City's contractor shall provide walking access to adjacent properties at all times. The City's contractor shall maintain access to properties even after hours for the life of the construction. Temporary access ramps shall be installed to maintain access and shall be shown on the City's contractor's staging plan, if deemed necessary by the City's engineer. The City's contractor shall be responsible for designing working drawings, constructing and providing a safe and adequate continuous, accessible and safe path of travel around or through localized construction work zones and to each building, business and property utilized by the public. The City's contractor shall use temporary asphalt, aggregate base, wood/metal ramps, signs, cones, barricades, flashers, and flaggers to direct and channel the public during and after construction. All proposed closures of a pedestrian access path shall be submitted in writing to the City's engineer for review and approval. Advance warning shall be provided to the public should an access path be closed. All safe paths of travel shall be in compliance with applicable Americans with Disabilities Act Accessibility Guidelines (ADAAG), Americans with Disabilities Act (ADA) regulations and the California Manual on Uniform Traffic Control Devices (CAMUTCD). 12. Permission is hereby granted City or its authorized agent to enter upon the Temporary Construction Easement and Temporary Pedestrian Easement Area for the purpose of facilitating bridge reconstruction, public street improvements and related purposes, and for completing the construction contract work described in Clause 11 of this Agreement. 13. Grantor hereby represents and warrants that during the period of Grantor's ownership of the property there have been no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the property. Grantor further represents and warrant that Grantor has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous wastes, on, from, or under the property which may have occurred prior to Grantor taking title to the property. The payment being made in this transaction reflects the fair -market value of the property without the presence of contamination. If the Temporary Construction Easement and Temporary Pedestrian Easement Area is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the City may elect to recover its clean-up costs from those who caused or contributed to the contamination. 14. Grantor agrees to provide all required supplemental forms necessary to complete this transaction, including a W-9 Form required for payment processing. APN: 013-124-06 City of San RafaeUSo. Heights Bridge/ Agreement for TCE Page 3 of 5 15. This Agreement may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and delivery be deemed an original, and all such counterparts together shall constitute one and the same document. 16. This Agreement is subject to and conditioned upon approval and ratification by the City's Council. This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity. 17. This Agreement shall be binding upon and inure to the benefit of the heirs, devisees, executors, administrators, legal representatives, successors and assigns of the Grantor. 18. The Grantor agrees to fully disclose the existence of the Temporary Construction Easement and the City's project to any and all potential buyers in the event the Grantor should choose to sell the above described parcel during the term of the easement or after the acceptance of this Agreement. APN: 013-124-06 City of San RafaeUSo. Heights Bridge/ Agreement for TCE Page 4 of 5 In Witness Whereof, the Parties have executed this agreement last signed and dated below. CITY OF SAN RAFAEL Date: ,f?/ 1 / a By: Date: Jim chu z Cit a ager ATTEST: By: X. AlaAA�. ^ Lindsay Lara •1/-V�1I City Clerk APPROVED AS TO FORM: By: PL,__ Obert F. Epstein City Attorney CITY'S MAILING ADDRESS: City of San Rafael Department of Public Works 111 Morphew Street San Rafael, CA 94901 Date: A; - D Date: No Obligation Other Than Those Set Forth Herein Will Be Recognized APN: 013-124-06 City of San RafaeUSo. Heights Bridge/ Agreement for TCE Page 5 of 5 1�1;113�iiL•VI APN 013-124-06 All that real property situate in the City of San Rafael, County of Marin, State of California, being a portion of the property described in the TRUST TRANSFER DEED to recorded May 6, 2014 in Book 2014 at Page 0018110, Official Records of Marin County, more particularly described as PARCEL 5 and PARCEL 5-1: PARCEL 5 A 10.00 foot strip of land lying easterly and parallel with the following described line: Beginning at the northwest corner of PARCEL II as shown on said TRUST TRANSFER DEED marked by a Brass Tag stamped "RCE 15945" as shown on that RECORD OF SURVEY recorded September 30,1983 in BOOK 18 OF Surveys AT PAGE 72, Official Records of Marin County, also being a point on the east right of way of Southern Heights Boulevard; thence along said east right of way South 12°06'15" East, 56.67 feet to the southwest corner of said TRUST TRANSFER DEED also being the northwest corner of the land described in the GRANT DEED to Arthur W. Feidler, recorded February 5, 2013 in Book 2013 at Page 041588, Official Records of Marin County, also being the POINT OF TERMINUS, which bears South 88°37'19 West 0.73 feet from a Brass Tag stamped "RCE 15945" on rod arm. The easterly line of said 10.00 foot strip to be extended or shortened so as to terminate on the northerly and southerly lines of said TRUST TRANSFER DEED. Containing 588 square feet or 0.01 acres, more or less. PARCEL 5-1 A 5.00 foot strip of land, the centerline of which being described as follows: Commencing at the northwest corner of said PARCEL II as shown on TRUST TRANSFER DEED marked by a Brass Tag stamped "RCE 15945" as shown on that RECORD OF SURVEY recorded September 30,1983 in BOOK 18 OF Surveys AT PAGE 72, Official Records of Marin County, also being a point on the east right of way of Southern Heights Boulevard; thence leaving said east right of way North 52°06'21" East, 11.11 feet along the northerly line of said TRUST TRANSFER DEED; thence leaving said northerly line, South 12°06'15" East, 11.27 feet along the easterly line of a 10.00 foot strip described as PARCEL 5 per this description to the Point of Beginning; thence North 78°19'36" East, 18.11 feet; thence South 11°40'23" East, 20.18 feet; thence South 52°06'15" East, 35.23 feet to a point on the southerly line of said TRUST TRANSFER DEED, also being the Point of Terminus. The side lines of said 5.00 foot strip to be extended or shortened so as to terminate on the easterly line of said PARCEL 5 and the southerly line of said TRUST TRANSFER DEED. Containing 368 square feet or 0.01 acres, more or less. Bearings and distances shown are based on the California Coordinate System 1983 (2011), Epoch 2010.00, Zone 3. Divide distances shown by 0.99993 to obtain ground level distances. This real property description has been prepared at Mark Thomas, by me, or under my direction, in conformance with the Professional Land Surveyors Act. SAMUEL R. MCINTYRE LS. 9313 SND SU19GF� SAMUEL R. 9 MCINTYRE * No. 9313 OF \\ CA // June, Iq ,-Lata Date LEGEND O.R. OFFICIAL RECORDS COUNTY OF MARIN POB POINT OF BEGINNING TCE TEMPORARY CONSTRUCTION EASEMENT TPE TEMPORARY PEDESTRIAN EASEMENT O FOUND MONUMENT AS NOTED O DIMENSION POINT ( ) RECORD DATA ® TCE AREA ® TPE AREA EXISTING RIGHT OF WAY PROPERTY LINE --- TCE/TPE BOUNDARY --- TPE CENTERLINE POB PARCEL 5� FOUND BRASS TAG IN CONCRETE STAMPED RCE 15945 PER BOOK 18 OF TICE — SURVEYS AT PAGE 72 PARCEL 5 588 sf REFERENCES 0.01 ac (1) BOOK 13 OF SURVEYS L1 AT PAGE 16 (2) BOOK 17 OF MAPS M �-- �w AT PAGE 71 (3) BOOK 20 OF SURVEYS L5 AT PAGE 14 rLAND SG�G�� SAMUEL R. MCINTYRE APIC• OU-124- POB 1 X114 -Of POB PARCEL 5-1� Ln w N C) -- L1 C -� N til � N oa 70 U3 rZ M �-- �w S12 06'15"E 11.27' 10.00_' APIC• 011-187-J7 LINE TABLE APIC 013-124-07 Doc 2013-008114 EXHIBIT B U Temporary ■ ■ Construction Easement MARK THOMAS Parcel #5 & 5-1 ��"� SAN RAFAEL Scale: 1" = 20' APN 013-124-06 THE CITY WITH AMISSION Date June 2018 In the City of San Rafael Drawn By MSW Marin County, California Checked By SRM P� RAF,q� 2 0 /Tr WITH p,�� CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Hunter Young Extension: 3408 Contractor Name: Temporary Construction Easements Contractor's Contact: N/A Contact's Email: N/A ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City 8/10/2020 ❑x HY Attorney c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement 8/24/2020 ❑X LG and return to Project Manager b. Confirm insurance requirements, create Job on 8/24/2020 © LG (N/A) PINS, send PINS insurance notice to contractor 3 Department Director Approval of final agreement form to send to Click or tap ❑ BG contractor to enter a Forward three (3) originals of final agreement to date. 4 Project Manager ❑ HY contractor for their signature 5 Project Manager When necessary, contractor -signed agreement' N/A agendized for City Council approval * *City Council approval required for Professional Services ❑ HY Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 PRINT Project Manager Date of City Council approval CONTINUE ROUTING PROCESS WITH HARD COPY 6 Forward signed original agreements to City ❑ HY Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS, and bonds r, /,I f LG (for Public Works Contracts) `t 9 City Manager/ Mayor Agreement executed by City Council authorized official Attest signatures, retains original agreement and 10 City Clerk forwards copies to Project Manager �� �0 �- PARCEL NO.: 012-282-17 PROJECT: Southern Heights Boulevard. Bridge Replacement OWNER: TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS AGREEMENT is made and entered into by and between his wife, as community property (hereinafter called "Grantor"), and The City of San Rafael, a California municipal corporation (hereinafter called "City"), By way of this Agreement, Grantor grants to the City temporary construction easement rights for the purposes of facilitating bridge reconstruction, public street improvements and related purposes, in, on, over, under, through, along, and across that specific portion of Grantor's property located in the County of Marin, State of California, particularly described and depicted in Exhibits "A" and `B" attached hereto (the Temporary Construction Easement Area"). 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 the temporary construction easement rights granted herein and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement (the "Easement"). 2. City requires said temporary construction easement rights for bridge and road reconstruction purposes, a public use for which the City may exercise the power of eminent domain. Grantor is compelled to temporarily grant these rights, and the City is compelled to temporarily use these property rights. 3. Both Grantor and City recognize the expense, time, effort, and risk to both Grantor and City in determining the compensation for the temporary property rights by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation. 4. The City shall: (A) Pay the undersigned Grantor the sum of $1,000 as consideration in full for the temporary construction easement rights conveyed, for the loss, replacement and moving of any improvements, and for entering into this Agreement. Said sum shall be paid within thirty days of the date of City acceptance and execution of this Agreement. 5. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this Agreement, the right of possession and use of the Temporary Construction Easement Area by the City, including the right to remove and dispose of APN: 012-282-17 City of San Rafael/So. Heights Bridge/ Agreement for TCE Page 1 of 5 improvements, shall commence on the date payment is received by owner or on July 1, 2021, whichever occurs later and shall terminate 18 months thereafter or on January 1, 2023, whichever occurs later. Grantor shall have use of the Temporary Construction Easement Area until City takes physical possession. In case of unpredictable delays in construction, upon written notification, the term of this temporary construction easement may be extended by an amendment to this Temporary Construction Easement Agreement. In such case, Grantor shall be compensated based on the fair market value at the time of the extension. Payment shall be made to Grantor for the extension prior to the expiration of the original period. The City shall notify the Grantor at telephone number ( 72 hours prior to the commencement of actual construction or by 10 days written notice, first class mail, delivery deemed completed on date of mailing. 6. Grantor warrants that they are the owner in fee simple of the property upon which the Temporary Construction Easement Area is located, and that they have the exclusive right to grant use of the Temporary Construction Easement Area. 7. Grantor warrants that there are no oral or written leases on all or any portion of the property to be encumbered with this temporary construction easement and Grantor further agrees to hold City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor. 8. In consideration of the City waiving the defects and imperfections in all matters of record title, Grantor covenants and agrees to indemnify and hold the City harmless from any and all claims that other parties may make or assert on the title to the premises. Grantor's obligation herein to indemnify the City shall not exceed the amount paid to Grantor under this contract. 9. City agrees to indemnify, defend and hold Grantor harmless from any claims, demands, causes of action, damages, costs, expenses, , losses or liabilities, in law or in equity, of every kind and nature whatsoever ("Claims") arising out of or related to the construction easement which is the subject of this Agreement. City further agrees to assume responsibility for any damages proximately caused by reason of City's operations under this Agreement and City will, at its option, either repair or pay for such damage. 10. All work done under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner. All improvements shall be left in as good condition as found. 11. At no expense to the Grantor and no later than the end of this Easement, City shall restore Grantor's property to a comparable condition as it existed prior to the City's project construction, to the extent reasonably practical. The City shall photograph the Easement Area before beginning work and share all photos with Grantor. Said restoration shall include the replacement or repair of fencing, landscaping, culverts, and irrigation lines (if any). Specifically, the City will remove the three standing eucalyptus APN: 012-282-17 City of San Rafael/So. Heights Bridge/ Agreement for TCE Page 2 of 5 trees and one fallen large eucalyptus tree identified on the diagram attached as Exhibit "C". It is understood that the large, fallen eucalyptus tree has damaged or directly impacted the survivability of the other trees which were struck at the time the eucalyptus tree fell. If the Grantor and City both agree, additional trees may be removed to ensure the safety of all parties. It is understood that the exact number of trees damaged or directly impacted by the fallen eucalyptus tree is unknown. The City will not remove additional trees unless both the City and Grantor are in agreement as to such. Trees that are removed shall have their stumps and root structure left in place to provide slope stability to the greatest extent feasible. Grantor understands and agrees that after completion of construction, all fencing and improvements or other features repaired or replaced by the City on Grantor's property will remain the sole property of Grantor and Grantor will be solely responsible for the maintenance and repair of such improvements. The City shall not plant new trees on Grantor's property nor will the City maintain or irrigate any trees on the Grantor's property during or following construction. The City shall take no action which will causes the drainage flow to exceed the current capacity of the water drainage system. 12. Permission is hereby granted City or its authorized agent to enter upon the Temporary Construction Easement Area for the purpose of facilitating bridge reconstruction, public street improvements and related purposes, and for completing the construction contract work described in Clause 11, 13 and 14 of this Agreement. All entry shall be from the bridge side of the property. 13. City shall ensure that its Contractor and other agents are responsible for controlling any erosion on the Easement during the time they are working on the property and for a reasonable time thereafter. Such responsibility shall include plantings and debris fences which control soil disturbances resulting from construction activities. The City shall periodically photograph the work area to confirm the state of the Easement Area and share those photos with Grantor. City shall periodically inspect the slope within the Easement Area and if erosion has filled drainage devices and culverts, it will promptly clear those devices and culverts. City shall also require its contractor(s) to make Grantor an additional named insured on its general liability policy and confirm in writing with contractor(s) that the general liability policy does not have an erosion exclusion. 14. Grantor hereby represents and warrants that during the period of Grantor's ownership of the property there have been no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the property, except that the property has been littered with refuse thrown from the street. Although there is no inventory of those items, it may include broken bottles, among other items. City will clear any such refuse, at its own cost, which is on or immediately adjacent to the Easement Area. Grantor further represents and warrant that Grantor has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous wastes, on, from, or under the property which may have occurred prior to Grantor taking title to the property. APN: 012-282-17 City of San Rafael/So. Heights Bridge/ Agreement for TCE Page 3 of 5 15. The payment being made in this transaction reflects the fair -market value of the property without the presence of contamination. If the Temporary Construction Easement Area is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the City may elect to recover its clean-up costs from those who caused or contributed to the contamination. Grantor agrees to provide all required supplemental forms necessary to complete this transaction, including a W-9 Form required for payment processing. 16. This Agreement may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and delivery be deemed an original, and all such counterparts together shall constitute one and the same document. 17. This Agreement is subject to and conditioned upon approval and ratification by the City's Council. This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity. 18. This Agreement shall be binding upon and inure to the benefit of the heirs, devisees, executors, administrators, legal representatives, successors and assigns of the Grantor. 19. The Grantor agrees to fully disclose the existence of the Temporary Construction Easement and the City's project to any and all potential buyers in the event the Grantor should choose to sell the above described parcel during the term of the easement or after the acceptance of this Agreement. APN: 012-282-17 City of San RafaeUSo. Heights Bridge/ Agreement for TCE Page 4 of 5 In Witness Whereof, the Parties have executed this agreement last signed and dated below. GRANTOR: CITY OFAN RAFAEL '1 By: Date: Jirb Schutz Ci anager ATTEST: By: 'f- ' V�-Gx—i� Date: lid 6 �� Lindsay Lara r City Clerk APPROVED AS TO FORM: By: Date: 1 /WZ-j bo7,Rober F. Epstein City Attorney CITY'S MAILING ADDRESS: City of San Rafael Department of Public Works 111 Morphew Street San Rafael, CA 94901 No Obligation Other Than Those Set Forth Herein Will Be Recognized APN: 012-282-17 City of San RafaeUSo. Heights Bridge/ Agreement for TCE Page 5 of 5 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Hunter Young Extension: 3408 Contractor Name: Temporary Construction Easements Contractor's Contact: N/A Contact's Email: N/A ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT a. Email PINS Introductory Notice to Contractor DATE Check/Initial 1 Project Manager Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City 8/10/2020 ❑X HY Attorney c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement 8/24/2020 ❑x LG and return to Project Manager b. Confirm insurance requirements, create Job on 8/24/2020 ©LG (N/A) PINS, send PINS insurance notice to contractor 3 Department Director Approval of final agreement form to send to t lick or tap ❑ BG contractor to enter a date. 4 Project Manager Forward three (3) originals of final agreement to ❑ HY contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval *City Council approval required for Professional Services ❑ HY Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Date of City Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City ❑ HY Attorney with printed copy of this routing form 4- 7 City Attorney Review and approve hard copy of signed/4Z) agreement 8 City Attorney Review and approve insurance in PINS, and bonds l/0 /2b21 "11G (for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized f �� official 10 City Clerk Attest signatures, retains original agreement and l D�� forwards copies to Project Manager