22 Polk Street Motion authorizing acquisition of the property at 22 Polk Street from Saint James Episcopal Church for the purpose of constructing the Kennesaw Mountain to Chattahoochee River Trail - North & In-town Section in exchange for $7,500.00 with stipulations for the temporary construction easement and City construction of cost-to-cure items as part of the construction plans for the project. 1. In order to access the requested easement you must take down an existing fence which separates our property from the railroad right of way; the removal of this fence was not addressed in your original proposal and will be replaced as set forth in the next item; 2. As part of the project, you will replace the existing fence, and add to its length, to provide a fenced barrier between the proposed trail and our property, and between the proposed trail and the property of the First Presbyterian Church, a length from Polk Street to Kennesaw Avenue; the fence will be of the wrought iron design set forth in the plans you showed us and similar to the existing wrought iron fencing on the opposite side of the railroad tracks between Polk Street and Mill Street behind the shops and offices in downtown Marietta. 3. The length of time specified for the "TEMPORARY EASEMENT" set forth in your proposal is "limited to the period required for the construction of said project and upon completion and acceptance of same by the Department of Transportation from the contractor, said TEMPORARY EASEMENT will terminate;" we understand and confirm from our discussions with you that the expected duration of the work will be less than one year from beginning date; but if a longer period of time proves necessary, a review and re-issuance of this agreement granting this temporary easement will be considered by the parties on or after one year from the date our property is first accessed under this temporary easement. 4. Our property and parking areas - outside the area described in this temporary easement may not be used for the purpose of parking vehicles, leaving or storing tools or materials, marshaling work or work activities, etc., without separate written permission; that consent is not specified or implied in this agreement.

Committee

CITY COUNCIL

Introduced

May 7, 2013

Passed

May 8, 2013