HomeMy WebLinkAboutReso - CC - 012-2011RESOLUTION NO. 12-2011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
CONSENTING TO THE DE -ANNEXATION OF 1125 JACKLING DRIVE FROM THE
CITY OF BURLINGAME AND TO ITS ANNEXATION TO THE TOWN OF
HILLSBOROUGH, ON CERTAIN TERMS AND CONDITIONS, AND APPROVAL OF AN
AGREEMENT BETWEEN THE CITY OF BURLINGAME AND MAURISSA HEFFRAN
REGARDING SAID RE -ORGANIZATION
WHEREAS, Ms. Maurissa Heffran, ("PETITIONER") owns the real property located at
1125 Jackling Drive ("PROPERTY"), which property is more particularly described and depicted in
Exhibit "A" of the Agreement, attached hereto and incorporated herein as "Exhibit I"; and
WHEREAS, PROPERTY straddles the corporate boundary line between the City of
Burlingame ("CITY") and the Town of Hillsborough ("TOWN"); PETITIONER's residence is
located on that portion of PROPERTY located within the CITY but the entrance to PROPERTY is
located on that portion of the PROPERTY located within the TOWN; and
WHEREAS, PETITIONER has requested that CITY approve and consent to the de -
annexation of that the portion of PROPERTY located within CITY from CITY and to its annexation
to TOWN so that PROPERTY will be located within one municipal jurisdiction rather than two
different jurisdictions; and
WHEREAS, PETITIONER has agreed to pay CITY for processing this request, for
reimbursement to the City of lost tax revenue and for remaining assessments for the CITY's current
storm drain bonds as is detailed in the Agreement attached hereto as Exhibit 1 ; and
WHEREAS, the de -annexation of property from a municipality in San Mateo County is a
legislative act within the jurisdiction of the San Mateo County Local Agency Formation Commission
and said action is dependent upon CITY's non -opposition and consent to said de -annexation; and
WHEREAS, CITY finds that the de -annexation of PROPERTY from CITY and its
annexation to TOWN would further the logical formation of municipal boundary lines and ensure the
orderly delivery of municipal services; and
WHEREAS, based upon PETITIONER's promise to compensate CITY for financial
impacts of de -annexation of PROPERTY from CITY, as specified within the Agreement attached as
Exhibit 1, CITY has determined that it will consent to and is not opposed to PETITIONER's request
to de -annex that portion of PROPERTY from CITY and to annex that portion of PROPERTY to
TOWN;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
DOES HEREBY RESOLVE AS FOLLOWS:
1. The City Council of the City of Burlingame finds that all of the facts recited herein and in the
staff report are true and correct.
2. The City Council specifically finds that by consenting to the de -annexation of this property
from the City of Burlingame and to the annexation of the same property to the Town of
Hillsborough, the City does not in any way accept, agree, acknowledge or admit, and specifically
denies, Ms. Heffran's incorrect assertion that the City's safety services have not or cannot provide
safety response services to 1125 Jackling Drive.
3. The City Council of the City of Burlingame hereby consents and states its non -opposition to
the request of Ms. Maurissa Heffran to de -annex that portion of her property located at 1125
Jackling Drive from the City of Burlingame and to annex the same property to the Town of
Hillsborough, provided that Ms. Heffran executes the agreement attached in Exhibit 1, prior to
March 31, 2011.
4. The City Council of the City of Burlingame hereby approves, authorizes the Mayor to execute,
the agreement between the City and Ms. Maurissa Heffran regarding the de -annexation of her
property at 1125 Jackling Drive from the City of Burlingame and the annexation of the same
property to the Town of Hillsborough in the form attached and incorporated herein as Exhibit 1.
If Ms. Heffran fails to execute the agreement by March 31, 2011, the Burlingame City Council's
consent and non -opposition to the de -annexation of Ms. Heffran's property from the City of
Burlingame and its annexation to the Town of Hillsborough is automatically rescinded, is null
and void and is of no effect.
5. The City Council of the City of Burlingame specifically states that its consent and non -
opposition to the request of Ms. Heffran to de -annex that portion of her property located at 1125
Jackling Drive from the City of Burlingame and to annex the same property to the Town of
Hillsborough is conditioned 1) upon Ms. Heffran's execution of the agreement attached and
incorporated herein as Exhibit I prior to March 31, 2011, and 2) upon the consent and agreement
of the Town of Hillsborough to annex Ms. Heffran's property to the Town. If the Town of
Hillborough opposes and does not consent to the annexation of Ms. Heffran's property, or if Ms.
Heffran does not execute the agreement attached as Exhibit 1 prior to March 31, 2011, the
Burlingame City Council's consent and non -opposition to the de -annexation of Ms. Heffran's
property from the City of Burlingame and its annexation to the Town of Hillsborough is
automatically rescinded, is null and void and is of no effect.
6. The City Clerk is directed to send certified copies of this Resolution and, subsequently, written
confirmation of Ms. Heffran's execution or non -execution of the agreement, to the San Mateo
County Local Formation Commission.
jjTerry Nagel, May
I, Mary Ellen Kearney, City Clerk of the City of Burlingame do hereby certify that the
foregoing Resolution was introduced at a regular meeting of the City Council on the 7`" day of
March, 2011, and was adopted thereafter by the following vote:
AYES: Councilmembers: BAYLOCK, KEIGHRAN, NAGEL
NOES: Councilmembers: BROWNRIGG, DEAL
ABSENT: Councilmembers: NONE
Mary len Kearn y, City Clerk
AGREEMENT BETWEEN
CITY OF BURLINGAME AND MAURISSA HEFFRAN
REGARDING DEANNEXATION OF 1125 JACKING DRIVE
FROM CITY OF BURLINGAME AND ANNEXATION
TO CITY OF HILLSBOROUGH
This Agreement is made and entered into this I I day of March, 2011, by and between
the CITY OF BURLINGAME (hereinafter "CITY"), and MAURISSA HEFFRAN (hereinafter
"PETITIONER").
RECITALS
WHEREAS, PETITIONER owns the real property located at 1125 Jackling Drive
("PROPERTY"), which property is more particularly described and depicted in Exhibit "A"
attached hereto and incorporated herein; and
WHEREAS, PROPERTY straddles the corporate limit boundary between the CITY and
the Town of Hillsborough; Petitioner's residence is located on that portion of PROPERTY located
within the CITY and the entrance to PROPERTY is located on that portion of the PROPERTY
located within the Town of Hillsborough; and
WHEREAS, PETITIONER has requested that the portion of PROPERTY located within
CITY be de -annexed from CITY and annexed to the Town of Hillsborough so that PROPERTY
will be located within one municipal jurisdiction rather than two different jurisdictions; and
WHEREAS, PETITIONER has agreed to pay CITY for the processing of this request, for
reimbursement to the City of lost tax revenue and to pay the remaining assessments on the property
for the CITY's current storm drain bonds; and
WHEREAS, de -annexation is a legislative act taken by the San Mateo County Local
-
--Agency Formation- Commissionandsaid action -is -dependent upon-C-ITY's non-oppositioirto-said --
de-annexation; and
WHEREAS, CITY finds that the de -annexation of PROPERTY from CITY and
annexation into Town of Hillsborough would further the logical formation of municipal boundary
lines to ensure the orderly delivery of municipal services; and
WHEREAS, based upon PETITIONER's promise to compensate CITY for financial
impacts of de -annexation of PROPERTY from CITY, as specified within this Agreement, CITY
has expressed in Resolution No. 12-2011 (attached as Exhibit `B"), its non -opposition to
PETITIONER's request to de -annex that portion of PROPERTY from CITY and annex that portion
of her PROPERTY into the Town of Hillsborough;
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AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. OBLIGATION OF PETITIONER.
In consideration of CITY's Resolution of non -opposition to PETITIONER's request for de -
annexation of PROPERTY from CITY and annexation of PROPERTY into the Town of
Hillsborough, PETITIONER shall pay the following amounts:
a. $5,000.00 to defray the cost of all City staff time involved in the processing of this
request. This amount shall be due and payable to CITY concurrently upon execution of this
Agreement.
b. $7,200.00 in real property taxes which shall be paid per,the following "phase out"
schedule if the Town of Hillsborough agrees: year 1=2,400; year 2=1,920; year 3=1,440; year
4=960; year 5=480: Total=7,200. If the Town of Hillsborough does not agree to this schedule or
amount, PETITIONER shall pay into escrow that amount necessary to make the total paid to
CITY for real property tax equal $7,200.00. This amount shall be paid in full to CITY ten (10 )
days prior to the San Mateo County LAFCo Board's consideration of the de -annexation request. If
PETITIONER fails to make payment, CITY's consent to the de -annexation will be automatically
rescinded.
C. $9,000.00 for future storm water property fee charges to defray CITY's stormwater
bond expenses related to PROPERTY. This amount shall be paid in full to CITY ten (10 ) days
prior to the San Mateo County LAFCo Board's consideration of the de -annexation request. If
PETITIONER fails to make payment, CITY's consent to the de -annexation will be automatically
rescinded.
PETITIONER understands, acknowledges and agrees to have San Mateo County LAFCo include
these obligations as conditions of approval of LAFCo's re -organization action.
2. OBLIGATION OF CITY.
In consideration of PETITIONER's payment and promise to pay to CITY the amounts
detailed in paragraph 1 of this Agreement, CITY shall not oppose PETITIONER's request to San
Mateo County LAFCo for the de -annexation of PROPERTY from CITY and the annexation to the
Town of Hillsborough. CITY's non -opposition is conditioned upon PETITIONER's payment to
CITY of amounts stated in section 1, above.
2
3. CONDITION PRECENDENT
City's obligations and PETITIONER's obligation l.b. and l.c., above, shall be excused and
this Agreement shall become null and void, except as to PETITIONER's obligation l.a., above, if
a) the Town of Hillsborough does not agree to annex PETITIONER's PROPERTY to the Town of
Hillsborough within ninety (90) days after execution of this Agreement and/or b) San Mateo
County LAFCo does not approve the de -annexation of PROPERTY from CITY and the annexation
of PROPERTY to the Town of Hillsborough within one hundred, eighty (180) days after the Town
of Hillsborough's approval of the annexation. PETITIONER's obligation La., above shall be
satisfied in full regardless of whether the de -annexation and annexation are approved or not.
4. TERMINATION.
This Agreement shall termination one hundred, eighty (180) days from the date of the
execution of this Agreement if no action has been taken by the San Mateo LAFCo by that time,
unless the parties have agreed to an extension of time in writing.
5. ASSIGNABILITY.
The parties agree the obligations stated herein are personal and that they shall not assign or
transfer any interest in this Agreement nor the performance of any of their respective obligations
hereunder, without the prior written consent of the other party, and any attempt to so assign this
Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
6. INDEMNIFICATION.
PETITIONER shall indemnify, release, defend and hold harmless CITY, its officers, agents,
employees, and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of
----any kind, including attomey's-fees-and-administrative costs, arisingoutof or resulting in any way, in --
whole or in part, from any acts or omissions, intentional or negligent, of PETITIONER or her
agents, contractors and employees in the performance of their duties and obligations under this
Agreement.
COMPLIANCE WITH ALL LAWS.
PETITIONER shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this
Agreement. PETITIONER shall release, defend, indemnify and hold harmless CITY, its officers,
agents and employees from any and all damages, liabilities, penalties, fines and all other
consequences from any noncompliance or violation of any laws, ordinances, codes or regulations.
8. NO TH RD PARTY BENEFICIARIES.
CITY and PETITIONER do not intend, by any provision of this Agreement, to create in any
third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
9. NOTICES.
All notices and other communications required or permitted to be given under this
Agreement, including any notice of change of address, shall be in writing and given by personal
delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the
parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or
if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as
follows:
TO CITY: Jim Nantell
City Manager
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
650-558-7204
TO PETITIONER: Ms. Maurissa Heffran
C0 iDx S l
130 a C(A gH�j10
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- 10. - ENTIRE- AGREEMENT---AMENDMENTS.—
The
AMENDMENTS.—
The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to
the subject matter of this Agreement. This written Agreement shall supersede any and all prior
agreements, oral or written, regarding the subject matter between the PETITIONER and CITY.
No other agreement, promise or statement, written or oral, relating to the subject matter of this
Agreement, shall be valid or binding, except by way of a written amendment to this Agreement.
The terms and conditions of this Agreement shall not be altered or modified except by a written
amendment to this Agreement signed by the parties.
11. COSTS AND ATTORNEY'S FEES.
The prevailing parry in any action brought to enforce the terms and conditions of this
Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in connection with such action.
12. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF BURLINGAME
JF� ��l rz
Nantell, City Manager
IRWOXX977uE
City Attorney
PETITIONER
APPROVED
AS TO FORM:
Exhibit A
All that certain real property situate in the City of Hillsborough, County of San Mateo, State of California, described as
follows:
N�:i0I:111111111
Being a portion of Lot 12 in Block 57 as shown on that certain Map entitled "Map of Easton Addition to Burlingame No.
6, San Mateo Co., Cal.", filed in the.office of the County Recorder of San Mateo County on December 4, 1912 in Book
8 of Maps at Page 34 and more particularly described as follows:
T
All of said Lot 12 in Block 57 exce t the following described property:
Beginning at the most Westerly point of said Lot 12, which is also the intersection of the common boundary line of said
Lot 12 and Lot 13 of said Block 57 and the Southerly line of Easton Drive as shown on said map of Easton Addition to
Burlingame No. 6; thence along said Southerly line of Easton Drive North 80 degrees 14 East 99.51 feet to the
Northeasterly line of said Lot 12; thence along said Northeasterly line South 55 degrees 04' East 232.00 feet; thence
South 34 degrees 56' West 113.96 feet to the Southwesterly line of said Lot 12; thence along said Southwesterly line
North 58 degrees 44 West 153.06 feet to the Southeasterly line of said Lot 13; thence along said Southeasterly line
North 34 degrees 56' East 53.75 feet to the most Easterly corner of said Lot 13; thence along the common boundary
line of said Lots 12 and 13 North 55 degrees 04' West 150.00 feet to the point of beginning.
PARCEL Il:
All that certain real property situate in the Town of Hillsborough, County of San Mateo, State of California, described as
follows:
Beginning at a point in the Southeasterly line of the Subdivision designated Map of Easton Addition to Burlingame No.
6, filed in Book 8 of Maps at Page 34; it is intersected by the direct prolongation Southeasterly of the line dividing Lots
10 and 11, Block 57 of said Map above mentioned, said point of beginning also being the most Westerly corner of
lands conveyed to Diran A. Kurkjian and Versen C. Kurkjian, his wife, by Deed recorded July 21, 1945 in Book 1199 of
Official Records at Page 222; thence running along the Southeasterly line of said above mentioned Subdivision S. 25
degrees 36" W. 75.32 feet; more or less, to an angle point; thence S. 64 degrees 18'W. 129.57 feet and N. 58 degrees
44'W. 95.15 feet to the Easterly boundary of lands conveyed to Arthur J. Swanson and his wife, by Deed dated
October 4, 1941 and recorded October 6, 1941 in Book 980 of Official Records at Page 368; thence along said
Easterly boundary S. 5 degrees 48' 30" E. 72.61 feet to a point on the Northerly line of the 40 foot right of way
conveyed to the Town of Hillsborough, recorded in Book 564 of Official Records at Page 333; thence along said
Northerly line S. 70 degrees 11' 50" E.51.14 feet; thence continuing Southeasterly along the arc of a curve to the left
with a radius of 163.42 feet, an arc distance of 45 feet, more or less, to the end of said curve; thence continuing along
said Northerly line of said 40 foot road on the arc of a curve to the left with a radius of 142 feet an arc distance of 175
feet; more or less, to the end -of�said-curve; thence continuing -along said roadway N. 22 -degrees 35'3U! E. 43.73 feet; - -
thence along the arc of a curve to the right with a radius of 170 feet an arc distance of 27.30 feet to the most Southerly
corner of the above mentioned lands conveyed to Kurkjian; thence Northwesterly along the Southwesterly boundary of
said land 45 feet, more or less, to the point of beginning.
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