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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 Attachments