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Home My WebLink AboutReso - CC - 102-2015RESOLUTION NO. 102-2015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR SUBSURFACE SEWER EASEMENT AT 1209 MILLS AVENUE The City Council of the City of Burlingame, California does resolve as follows: WHEREAS, in October 2014, the property owners of 1209 Mills Avenue submitted a planning application to remodel and construct a 2nd story addition to their single family house; and WHEREAS, upon review staff discovered that an existing 8 -inch sanitary sewer main in an unrecorded easement was located under the house which services 20 single family homes in the rear of the property and connects to the sewer main on Mills Avenue; and WHEREAS, the sewer main under the property was inspected and a sag in the pipe was discovered, and staff was concerned that the remodel of the property would exacerbate the deterioration of the pipeline; and WHEREAS, staff determined that the best solution to address the problem is to relocate the sewer main from underneath the house and realign it along the property line; and WHEREAS, a subsurface sewer easement agreement was developed for the benefit of the property owner and City. NOW, THEREFORE BE IT RESOLVED, DETERMINED AND ORDERED BY THE COUNCIL, AS FOLLOWS: 1. The City Manager be, and is hereby, authorized to execute said agreement for and on behalf of the City of Burlingame. 2. The City Clerk is hereby ordered and instructed to attest such signature. Terry -Nagel, Mayor Ahh tees hat() I, MEAGHAN HASSEL-SHEARER, City 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 Ph day of December, 2015, and was adopted thereafter by the following vote: AYES: Councilmembers: BROWNRIGG, KEIGHRAN, NAGEL, ORTIZ, ROOT NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Kitisak Larlarb and Kali Taylor 1209 Mills Avenue Burlingame, CA 94010 Documentary transfer taxis S -O-, agreement for maintenance for no consideration. COUNTY (1P SAN MATEO MAL PROPERTY CONVFYANCE TAX -0- NO CONSIDERATION AMOUNT OP TAX OUR NOW COMPITTE•D ON TOTAL VALUE OF THE CONSIDERATION: NO ENC UMBERANC ES; EASEMENT GRANTED TO PUBLIC ENTITY THE UNDERSIGNED DECLARANTS SIGNATURE AGREEMENT FOR SUBSURFACE SEWER EASEMENT Kitisak Larlarb and Kali Taylor, husband and wife, ("Owners") and the City of Burlingame ("City") enter into this Agreement for Subsurface Sewer Easement (this "Agreement") based on the following: RECITALS A. Owners own the residential real property and improvements commonly known as 1209 Mills Avenue, Burlingame, San Mateo County, California (the "Property"). The legal description of the Property is attached to this Agreement as Exhibit A. B. The City desires to install, construct, and maintain a sanitary sewer main (the "sewer main") beneath the surface of the Property. The sewer main will serve other properties and will connect to a sewer trunk line located beneath Mills Avenue. The sewer main will replace an existing main that is located beneath the house constructed on the Property. C. The City desires to acquire, and Owners desire to grant, a subsurface easement to accommodate the new sewer line, on the terms and conditions set forth herein. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT I . Effective Date: This Agreement shall be effective as of the date it is recorded with the San Mateo Recorder. 2. Grant of Easement. Owners hereby grant to City a subsurface sewer casement (the "Easement") under the Property within the area described in Exhibit B (the "Easement Area"). 3. Use of Easement. The Easement shall be for the sole purpose of constructing, maintaining, repairing, and replacing the sewer main. 4. Restrictions on Use of Easement by City. (a) City shall not install any other utilities within the Easement Area including, without limitation, storm sewer mains, water mains, teleconunLin ication or cable television lines, or telephone lines. a. All sewer pipes, equipment, fixtures and improvements shall be located beneath the surface of the Easement Area except that City may install, maintain, repair and replace two service manholes within the Easement Area as outlined in Exhibit B. City shall not install or construct any other improvements, equipment or fixtures at or above the surface of the Easement Area. b. This easement shall not include any mineral rights, oil and gas rights, water rights, or air rights above the surface of the Easement Area. C. City shall not assign any rights under this Agreement. No other public entity or public utility shalt have any right to use the Easement or the Easement Area. 5. Use of Easement Area by Owners. a. Except as specifically granted in this Agreement, Owners reserve all rights to use the Easement Area. Owners may construct, maintain, repair and replace structures, equipment, fixtures, and other improvements on the surface of the Easement Area (except at the location of the cleanout) including, without limitation, a patio, fire pit, Jacuzzi, pergola, landscaping, or other hardscape or softscape, provided that such improvements do not prevent access to the service manholes. The support for such improvements may penetrate beneath the surface of the Easement Area provided thatthey do not conflict with the location of the sewer main or compromise the soil structure or support for such mater. Inthe event that such subsurface penetrations cause damage to the sewer main, Owners shall remove such improvements and repair such damage at their expense, and the indemnity provisions set forth in paragraph 8 of this agreement shall be inapplicable as to costs or damages arising out of such damage to the sewer and related repair work. b. Prior to the installation of the sewer main, Owners shall make improvements to the foundation of the house adjacent to the Easement Area as reasonably required by the City Engineer in order to protect the Easement Area and will relocate their sewer lateral. 6. Scheduling of Repairs and Maintenance. Except in emergency situations, City shall give a minhnum of 48 hours' notice of any maintenance and repairs to be performed within the Easement Area. Inemergency situations, City shall give Owners as much notice as is reasonably practical under the circumstances. All maintenance and repairs shall be performed in a manner that is the least disruptive feasible to Owners and the improvements on the Property. Notice shall be provided by telephone and email. Owners shall provide contact information to City and may provide different or additional contact information to the Director of Public Works for City as necessary. 7. Termination of Easement. This Easement shall run with the land and shall continue until terminated as provided herein. The Easement shall beterminated (a) by mutual agreement or (b) it the sewer main is removed from the Easement Area. 8. Indemnity Obligations. City shall indemnify, defend, and hold Owners harmless from any losses, claims, damage, or loss of use arising from City's use of the Easement and Easement Area, including, but not limited to, damage to improvements or landscaping located on the Property and leaks from the sewer main, unless such losses or damage arose from the negligence of Owners or their agents or the construction of subsurface penetrations within the Easement Area that damage or compromise the structural integrity of the sewer main or the surrounding soils. 9. Enforcement, This Agreement shall be governed by the laws of the State of California. Any action to interpret or enforce the terns of this Agreement or the parties' rights pursuant to the Easement shall be filed in San Mateo Superior Court. The prevailing party shall be entitled to recover its;'their attorney fees and costs, including expert fees, in addition to any other recovery. 10. Successors and Assigns. This Agreement and the Easement granted herein shall be binding on and inure to the benefit of each party's successors and assigns. H. Recordation. Owners shall record this Easement with the San Mateo Recorder and shall provide a copy of the recorded Easement to City. 12. Modifications. This Agreement represents the entire agreement of the parties with respect to its subject matter and supersedes any prior agreements and casements, express, implied, prescriptive, or dedicated. This Agreement may be modified only by a writing signed by all parties and recorded by Owners. SO AGREED Date: Kitisak Larlarb (Owner) Date: Kali Taylor (Owner) CITY OF BURLINGAME Date: Lisa K. Goldman, City Manager APPROVED AS TO FORM: Kathleen Kane, City Attorney ATTEST: Meaghan Hassel -Shearer, City Clerk Exhibit A LEGAL DESCRIPTION Real property in the City of Burlingame, County of San Mateo, State of California, described as follows: LOT 19, BLOCK 3, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP OF BURLINGAME GROVE, SAN MATEO COUNTY, CALIFORNIA (BEING A PART OF BURI BURI RANCHO)", FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON JULY 16, 1906, IN BOOK B OF MAPS, AT PAGE(S) 30, AND A COPY ENTERED IN BOOK 4 OF MAPS, AT PAGE 46. JPN: 026-007-073-23A APN: 026-073-230 EXHIBIT "B" LEGAL DESCRIPTION SANITARY SEWER EASEMENT THAT REAL PROPERTY LOCATED IN THE CITY OF BURLINGAME, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A SANITARY SEWER EASEMENT, 9.00 FEET WIDE, FOR THE INSTALLATION AND MAINTENANCE OF A SANITARY SEWER SYSTEM, INCLUDING THE RIGHT TO ENTER FOR SAID INSTALLATION AND MAINTENANCE OVER THE FOLLOWING DESCRIBED PROPERTY: BEING A PORTION OF LOT 19, BLOCK 3, AS SHOWN ON THAT CERTAIN MAP ENTITLED "MAP OF BURLINGAME GROVE, SAN MATEO COUNTY, CALIFORNIA (BEING A PART OF BURT BUR[ RANCHO)", FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON JULY 19, 1906, IN BOOK B OF MAPS, AT PAGE 30, AND A COPY ENTERED IN BOOK 4 OF MAPS, AT PAGE 46, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEAST LINE OF MILLS AVENUE AT THE SOUTHWEST CORNER OF LOT 19, BLOCK 3, AS SHOWN ON THE SAID MAP OF BURLINGAME GROVE (4 M 46); THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF LOT 19 SOUTH 53015'00" EAST 73.48 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE SOUTH 83015'00" EAST 30.40 FEET; THENCE SOUTH 53015'00" EAST 25.19 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 19; THENCE NORTHEASTERLY ALONG THE SAID SOUTHEASTERLY LINE NORTH 36045'00" EAST 9.00 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE NORTH 53015'00"" WEST 27.60 FEET; THENCE NORTH 83°15'00"" WEST 30.40 FEET; THENCE NORTH 53°15'00" WEST 71.07 FEET TO A POINT ON THE NORTHWESTERLY LINE OF LOT 19; THENCE SOUTHWESTERLY ALONG THE SAID NORTHWESTERLY LINE SOUTH 36045'00" WEST 9.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,162 SQUARE FEET, MORE OR LESS ATTACHED HERETO IS A PLAT ENTITLED EXHIBIT "C" WHICH BY THIS REFERENCE IS MADE A PART HEREOF. PREPARED BY: L.L5- ARRYL ALLEN LEXANDER PLS 5071i LICENSE EXPIRES 6-30-2017 ALEMINDER & SSOCIATES INC. 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