HomeMy WebLinkAboutReso - CC - 125-1990\
RESOLUTTON NO. L25-90
AUTHORIZING EXECUTION OF REAL PROPERTY CONTRACT AND
ACCEPTING DEED OF EASEMENT FOR WATER LINE
From: Nicholas and Katherine Pappageorge
Date: September 19, 1990 APN 025-L82-180
RESOLVED by the CITY COUNCTL of the City of
BurJ-ingame, Cal-if ornia that it does hereby accept that
certain Grant Deed of an easement for a water line executed
by the above persons on the date set forth above, and that
the s,*r.e be recorded in the office of the county F-ecorder of
the County of San Mateo,' Cal-ifornia.
BE IT FURTHER RESOLVED that the Mayor or this City
is hereby authorized to execute the real property contract
for said easement.
MAYOR
T, JUDITH A. MALFATTI, Clty Clerk of the City of
Burlingame, do hereby certify that the foregoing resolution
was introduced at a regular meeting of the City Council held
on the lst day o October 1990_, and wasf
adopted thereafter by the following vote:
(a
l.I(}ol.l6aSi
AYES:
NOES:
ABSENT:
hereby certify
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
this fo be cr full, true
HARRISON, LEMBI, OIMAHONY, PAGLIARO
NONE
BARTON
ond cr
lo be,
my c{fi
Dafed:
rrecl cerpy of the elccun:ent
tha criginl:l! of ryhici.: is on
if ourpon
filo in
L\i.
c erk of tire Cii.y of gerrfie
ITY CLERK
. trl
RESOLUTION NO. 125-90
AUTHORTZING EXECUTION OF REAL PROPERTY CONTRACT AND
ACCEPTING DEED OF EASEMENT FOR WATER LINE
From: Nicholas and Katherine Pappageorge
Date: September !9, 1990 APN 025-182-180
RESOLVED by the CITY COUNCTL ot the City of
Bur1i-ngame, Californj-a that it does hereby accept that
certain Grant Deed of an easement for a water line executed
by the above persons on the date set forth above, and that,
the same be recorded in the office of the County Recorder of
the County of San Mateo,' California.
BE IT FURTHER RESOLVED that the Mayor or this City
is hereby authorized to execute the real property contract
for said easement.
MAYOR
I, JUDITH A. MALFATTI, City Clerk of the City of
Burlingame, do hereby certify that the foregoing resolution
I^Ias introduced at a regular meeting of the city council herd
on the 1st o f October , 1990_, and was
adopted t,hereaf ter by the f ollowing vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
HARRfSON, LEMBI, O'MAHONY, PAGLIARO
NONE
BARTON
ITY CLERK
I
Burlingame,CaI i forni a
19 9o PARCEL NO. 025-182-180
Nicholas J. , and
Katherine Glafkides PaDDaqeorge ESCROW NO. 337004-rD
CITY OF BURL INGAI"IE
REAL PROPERTY CONTRACT
Document( s ) No.o25-182-L80 in the form of an Easement Deed has
been executed and
called "City" ).
delivered to the City of Burlingame (hereinafter
In consideration of which, and the other consideration hereinafter
set forth, it j-s mutual].y agreed as follows:
1. The parties have herein set forth the whole of their agree-
ment. The performance of this agreement constitutes the
entire consideration for said document(s).
2 The City sha1I:
A. Pay alL escrow and recording fees incurred in this
transaction, and if title insurance is desired by the
City, the premium charges therefor.
B Pay the undersigned grantor(s) the sumfor the interest therein as conveyed by
of S 1g,ooo-oo
document
execution
No. O25-
by
J
4
182-180 within thir ty (30) days aftergrantor(s) and acceptance by the City.
This transaction will be handled through an escrow with First
Amerj-can Title, 555 Marshall Street, Redwood City, California,
Escro$, No. 337004-TD
The parties agree that this acquj-sition is under threat of
eminent domain proceedings by the City.
Water Main
PROJECT City Proj ect 245-Easement
September 19 ,
Page 2
5 It is understood and agreed that the CitY requires a
Permit to Enter, attached hereto, for a period of
approximately 6O working days. to complete construction
of the water 1ine.
6 The sum mentioned in clausenot limited to, the palrnent
Permit to Enter.
28 above includes, but is
for the Easement and the
7 The Permit to Enter, executed by the parties on
September 19 , 1990, is hereby incorporated by
reference into this contract.
It is understood and agreed that the city will use ajacking pit to construct a water main enclosed in a 2O-
inch steel casing from the street to approximately 25
feet from the back fence line at the top of stope (98t
+/-)- From that point to the creek, the City will hand
dig a trench so as to minimize any damage to tlrc 24
inch diameter oak tree located approximately 18 feet
from the water main and other o1d and valuable trees in
the area. (See plot plan prepared by Brian Kangas
Foulk for more details, attached hereto as Exhibit A
and incorporated by reference- ) The City wi].l not cut
roots over 3 inches j-n diameter without prior approval
from the Parks Department.
In the event any damage occurs from use of the jacking
pit and/or in the event the City cannot complete theproject with the jacking pit and must dig the trench,the City sha11 repair and replace all concrete, shrubs,trees and other foliage removed, sha1l replace any
fence removed in kind to assure uniformity withexisting fencesi and shalt repair and replace any other
damage or destruction arising from the construction ofthe water main.
In the event any damago or destruction occurs to theZ4-incil diameter oak tree or any other trees as adirect result of actj-ons by the City in the construc-tion or reconstruction of the water main, the City
shal1 pay Owner an amount determined by a LicensedArborist acceptable to both parties as compensation for
the J.oss of the oak tree or any other trees; costs ofthe Arboristrs services shall be paid by the City.
To minimize any possible erosion and damage to theproperty, the lo-inch PVC water main shall be encasedin a 2o-inch steel casing commencing at the street and
running al1 the way to approximately 25' from the fence
Iine located at the rear of the property at the top of
slope 98' +/-. The steel casing shaI1 have a 36-inch
minimum cover. Any repairing, replac.ing or reconstruc-
tion of the water main shall be encased in the 2o-inch
steel casing or appropriate engineering equivalent.
a
9
10.It is anticipated that the only opening in Ownerrsproperty in the encased main area will be the pothote
described on Exhibit A to verify alj.gnment of the watermain. The City sha1l repair and replace a].l damagearising from the pothole excavation.
The City sha1l protect the jacking pit during non-working trours and sha1I erect barricades and a fence ifpossible around the pit so as to minimize the risk ofinjury to people, especially children.
The City shalL pay Owner the amount set forth in theLiquidated Damages portion of Cityrs Contract with it'sContractor for each day any work within Owner'sproperty goes beyond 6O working days from the commence-ment of work within Owner's property, excepting delayscaused by weather, acts of God or conditions beyond thecontrol of the City or its Contractor.
The City sha1l be tj-ab1e for and sha1l pay any damagesarising from the laying, construction, reconstructing,repairing, replacj-ng, maintaining, using, and operatingof the water main, regardLess of why or how such damageoccurs (i.e. direct or indirect action or inaction bythe City or it's employees, agents or independentcontractors, faulty p.ipes or steel casing, faultyconstruction, earthquake, erosion, slow 1eak, suddenbreak of the pipe or steel casing, etc.). Such damageincludes but is not linited to delays in constructionof resj-dential improvements or any damage ordestruction to any person, property, structure,improvement, foundation, shrubs and trees. Claimssha11 be make in accordance with Section 91O et seq. ofthe Government Code.
The City shall maintai.n and check the water main on aregular basis. The City shal1 attempt to give Ownerprior notice as to when any inspections, maintenance,reconstruction, repaj-ring, rep].acing and other reviewsof the water main will occur. Owner agrees that a
commonly accessible locking arrangement wj-11 benecessary at gate onto property.
In the event of any controversy, claim or disputerelating to this Contract or any breach thereof, theprevailing party shal1 be entitled to recover reasona-ble expenses, attorneys fees and costs.
This Contract may be assigned or transferred in wholeor in part by Owner without the consent of the City.
This Contract shal1 bind and i-nure to the benefit ofthe heirs, personal representatives, successors andassigns of the Owner.
11.
72.
13.
14.
15 -
16.
L7.
Page 3
Page 4
r_8.
r_9.
The terms and conditions of this Contract shall apply to allconstruction, reconstruction, repairing, replacing, maintain-ing, using and operating of the water Line whenever suchconstruction, reconstruction, etc. takes place by the City.
This Agreement shal1 be recorded wit}. the County Recorder ofthe County of San Mateo.
RECOMMENDED BY:
er THERINE S
t{rcnolas fl, PAPPCdEcI(GE v
Grantor( s )a.
CITY OF BURLINGAME
Mayor
STATE OF CALIFORNIA)
) SS.
COUNTY OF SAN MATEO)
on SePt ember 19, 1990 , before ffi€, Judith A. Malfatti,
a Notary Pub1j-c for the State of California, personally ap-
peared
known
N I CHOLAS
to me or proved to me on the basis of satis actory
evidence to be the person whose name j-s subscribed to the
within instrument, and acknorvledged that he (she or they)
JUOIIIi A" MAIIAIII
tot^rv pl8Ltc - oAlroem
s^r f, lto cq.rirY
tay Csrm trtr.t.Li. 15, l99t
executed it.
L
,\
\
LOT I 40 P
07'
10, PVC PIPE IN
20" STEEL CASING
(36" MIN covER)F-
?s (T
I
I
t o.n !'
{l{A "''
A C. PAD
rOCONCREIE PAD POT HOLE
TO \ERIry f")''l'v8.60'P3f_aucNuENl _- -/t-tsd'
CENTER WATER
UNE BETWEEN
HOUSES AT
THIS POINT
a CONCREIE PAD
a
a
a LA'TM IHousE # 2t I-."=rZ._LoT # 4L CRFEK CRoSSING
PIIE SHALL BE INSTAUTD 3'
gELow CREEK BoTToM.
TRENCH SHAL!. BE BACK
RLLED WTI-i SOIL-CEMIIIT
UP TO 12" BELOW nNlSrlED
GRADE.
GRAPH1C SCAI.E
(DtrErl
tl!ot- !0 tL
Auo 09, !990 - i.+tS{?
CONCRETE IIAIX
ul h CITY OF BURLINGAME
MERCY TO RIYERA WATER CONNECTION
WATER EASEMENT
BHam tanflas fulk
coilSuLttlt6
5{O PilCE AVEI{'E REIIVIIID CTTY, C'ILT.TILIIIITC ({t$ 365-04ra
9.r063
Exhibit A
Sheet 1
PI?OPERTY
LINI., TYP.
a
o
a
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x0llrEEis
\^a.._
\o
GNAPH1C SCAI^E \(J|\P.
\8.,o
\o,(nrr'r)
t tncb - l0 tt
LCT +OL = O7'24'O4"
= 45.00'
= 5.81'
6htgo^6N1
-':i-Fpi
)oO
J
\- -JLae- -r
s r2.02,J5,, F.1u' -l_.-aEe;-.-:__ I4e.14
I
rPR OP,osJD - f
=-7=-----rr=467 I
N 17'09'10"'W ---Tot '-25L 0.00'
I '''LCT 41 PROPERTY LINEI
I A= 06'22'44"
R = 45.00'
L = 5.01'
Aug 09 1990 - 11d317
CITY OF' BURLINGAME
MERCY TO RTVERA WATER CONNECTION
Ef,am [angas fudk
coilsuLrtx0 Eil0IxEtis
s,io pRtct AVEME ngryIrID clTY, cilJr. 9.r{163
TELEPHENE (/tls) 355-04t4
Loil
ffir
Exh'ibit A
Sheet 2
\
.ll P\
t^-1
+1f i?'40' {l_ _tt -46.40'/
//
UTATER EASEUIENT
DEED OF EASEMENT FOR WATER LINE
NICHOLAS J. AND KATHERINE GLAFKIDES PAPPAGEORGE hETEbY gTANtS
to CITY OF BURLINGAME, a municipal corporation, Grantee, an easement
for waterline purposes over, under and across a portion of Lot 40,
Block 19, as shown on that certain map entitled "RAY PARK" filedApril 16, 1941 and recorded in Volume 23 of Maps at Pages 45-48, San
Mateo County Records, situate in the City of Burlingame, County of
San Mateo, State of California, and more particularly described as
follows:
BEGINNING, as shown on the attached p1at, at the Northerly
common corner of Lot 40 and Lot 4l- of Block 19 as shown on
sa.id map and running by bearings based on said map and bydistances measured in ground feet and decimals thereof;
thence,
(1) Easterly along a curve to the left, whose radius point
bears North L7o02' 40" West for 45.O0 feet, through acentral angle of 07"24' 04" and along an arc length of5.8L feet; thence,
(2) leaving said curve on a non-tangentEast 25.22 feet, over, under and
thence,
line South 13o 06 r 56"across said Lot 40;
4(3)South 17" 48'05" East
same; thence,
75.04 feet, over, under and across
(4) South 32"35'l-2" East 60.75 feet more or 1ess, over,
under and across same, to the Southeasterly line of saidLot 40, being also a Northwesterly line of the Lands ofSisters of Mercy as recorded in Book 101 of Official
Records at Page 352; thence,
(5) along last said ].ine South 54"58'30"(South 5427'OO" West per Book 101 ofat Page 352); thence,
(6) Ieaving said last line North 3235'12"over, under and across said Lot 40. to
between saj-d Lots 40 and 4L; thence,
West 10. O1 feetOfficial Records
West
the
44.tL
common
feet,
l ine
(7) along last said common line North L7"O2' 40" Westfeet to the Point of Beginning and containingsquare feet.
LL3.94
1, 038
TO HAVE AND TO HOLD the above-described easement for thepurposes of constructing, reconstrucling, repairing, replacing,maintaining and operating a waterline, approximately 98 feet of whj-chstarting at street right of way shall be encased in a rarger pipe,together with the right of ingress and egress over grantorst realproperty adjoini-ng'that hereinabove described. Said easement to bekept free and clear of a1I trees and all structures of any kind,except fences, shrubs, plants, planters, etc.
Grantee shal1 give Grantor prior, written notice of intent toenter Grantor's property for purposes of constructing, reconstruct-ing, repairing, replacing, maintaining and operating the waterline,except in emergency as determined by the City.
All construction, reconstruction, repairing, replacing,maintaining and operating of the water line sha1l be done in accor-
dANCE With thiS DEED OF EASEMENT ANd thE REAL PROPBRTY CONTRACT
bEtWEEN thE CITY OF BURLINGAI{E ANd KATHERINE GLAFKIDES PAPPAGEORGEand NICHOLAS J. PAPPAGEORGE recorded with this Deed of Easement.
This deed of dedication shaIl bind the heirs, successors andassigns of the parties hereto.
Dated:?-t1 -?a
NE GLA s
CHOLAS J APP
STATE OF CALIFORNIA)) ss-
couNTY oF SAN MATEO)
On September 19, 1990 _,. bef_ore ffi€, Judith A. Malfatti,a N te of Californj-a, personalty ap_peared NICH
,known t@ me on--thE-EEsi_s of satistactoryevidence to be the person whose name is subscribed to the
:i::il.utnstrument, and acknowredged that he (sne -or they)
a.
SAII MAITO
Cocn Erorrcs
c0uNlY
J.n. 16, I 993
JUDIItl A. AIII.fAIII
iotAnY PIBL|C. C4f,ORtrn