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The Fuller Avenue Park project received an additional $66,000, increasing the expenditure approved by the city to more than $500,000.
The money will go toward the installation of a fence separating the railroad tracks from the park.
The project consists of a 1.65-acre neighborhood strip park on the north side of Fuller Avenue between Bird Avenue and Prevost Street. Prior funds were used for the installation of landscaping and irrigation, a bocce ball court, a horseshoe pit, drinking fountains and seating. The park is scheduled to open in February.
In addition to the $66,000, the city council also reviewed and authorized at the Dec. 6 San Jose City Council meeting a lease agreement for the land where the park fence is to be installed.
This lease will enable the city to use the 29,057 square feet of land owned by Peninsula Corridor Joint Powers Board as a buffer between the park and the railroad tracks and allow the installation of a 6-foot tall chain link fence for pedestrian safety.
The Peninsula Corridor Joint Powers Board will lease the property adjacent to the park to San Jose on a month-to-month basis. The board is made up of members from the San Mateo County Transit District, the city and county of San Francisco, and the Santa Clara Valley Transportation Authority.
The lease agreement will include two amendments that the city has agreed upon. The first strips Peninsula Corridor Joint Powers Board of any liability it would have had for any damages, injuries and costs arising from the city's use of the property as a buffer.
The second amendment applies to a federal law that would require the board to be responsible for obtaining replacement land if at some point the board decided to take the land back. The land also has to be deemed parkland for this provision to apply, which it is not, said David Sykes, assistant director of public works.
"The railroad was concerned about having to replace the land and didn't want to address the issue," Sykes said, "So the city amended this portion of the lease and will take responsibility for it."
The city will maintain the buffer area but the area will not be part of the improved area of the park.
"Although people will be able to access this buffer between the improved area and the fence, they will be able to see a distinction," Sykes said.
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