1983-0517_A T & S F RAILWAY CO._I5_Agenda ItemAGENDA ITEM May 17, 1983
TO: Stephen B. Julian, City Manager
FROM: Pamela Hallan Gibson, Senior Administrative Assistant
SUBJECT: Agreement for Lease of Land for Landscaping Purposes
(AT&SF Railway)
SITUATION:
Attached is a standard agreement for leasing land supplied by AT&SF Railway.
This agreement will be used for the City's proposed lease of land for land-
scaping purposes. The City proposes to lease the railroad right-of-way from
Mission Street on the north to the southernmost edge of Mission Village
Shopping Center on the south. At a later time, if Council so wishes, the
City will expand its lease to Oso Road on the north and the railroad bridge
on the south. The width of the right-of-way is 50 feet along most of this
length, and slightly larger at certain points. The area to be landscaped
would be approximately 15 feet from the nearest rail on each side except
where it must, out of necessity, be closer. The Public Utilities Commission
requires landscaping to be a minimum of six feet from the nearest rail,
so there is some leeway.
Some of the language in the lease does not pertain to our situation. For
example, Article 5 addresses taxes, yet the railroad right-of-way is not
assessed. Article 7 discusses issues which pertain more to buildings. If
the City Attorney has no objection, we will leave these articles in and
write in the margin, "not applicable."
A preliminary landscape plan, schedule and budget are currently being
prepared and will be presented to Council on June 7th, In the meantime,
if Council basically agrees with the purpose of the lease, we can get it
signed knowing that it can be cancelled by either party on 30 days' notice.
FINANCIAL CONSIDERATIONS:
Although there is no cost associated with the lease, the cost of implementing
the landscape plan and maintaining the improvements have not yet been
determined.
ALTERNATE ACTIONS:
1. Approve the lease agreement in concept and authorize the City Manager
to continue negotiations with the railroad,' bringing back the final
lease for signatures at the time the landscape plan is submitted.
2. Alter the lease agreement.
3. Request further information.
Agenda Item - AT&SF Railway Lease -2- May 77, 7983
RECOMMENDATION:
By motion, approve the lease agreement in concept and authorize the City
Manager to continue negotiations with the railroad, bringing back the final
lease for signatures at the time the landscape plan is submitted.
Respectfully submitted,
Pamela Callan Gibson
Zra
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