HomeMy WebLinkAboutReso - CC - 047-2008RESOLUTION 47-2008
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING CONVEYANCE OF REVOCABLE UTILITY EASEMENT OVER
PARKING LOT B-1 (CHAPIN AVENUE)
FOR UTILITY ACCESS TO 1427 CHAPIN AVENUE AND
AUTHORIZING CITY MANAGER
TO EXECUTE CONVEYANCE ON BEHALF OF THE CITY
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, the reconstruction of the main building at 1427 Chapin Avenue as a historic
structure is proceeding and the construction of a new building on the site is also moving forward;
and
WHEREAS, in order to provide electrical service to 1427 Chapin, the owners have to bring
the service from 1420 Burlingame Avenue; and
WHEREAS, this service could either be placed through Parking Lot B-1, which would
cause little disruption to the property or the neighborhood at a reasonable cost, or along Chapin
Avenue, which would be very costly and cause some disruption; and
WHEREAS, the granting of a revocable easement will make sense, and will be subject to
any future use that the City may wish to make of Parking Lot B-1; and
WHEREAS, the owners of 1427 Chapin will pay $1,000 for the staff costs of processing
this easement,
NOW, THEREFORE, IT IS ORDERED:
1. The Conveyance of a Revocable Easement for Vehicle Access in a form consistent with
and containing the terms of consideration and termination as provided in Exhibit A is approved.
2. With the approval of the City Attorney as to form, the City Manager is authorized to
execute the Conveyance on behalf of the City.
3. The City Clerk is authorized and requested to witness the signature of the City Manager,
and to record the executed Conveyance with a certified copy of this Resolution with the County
Recorder of the County of San Mateo.
MAYOR
I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the
foregoing resolution was introduced at a regular meeting of the City Council held on the 2nd day of
June 2008, and was adopted thereafter by the following vote:
AYES• COUNCILMEMBERS• BAYLOCK, DEAL, KEIGHRAN, NAGEL, WmHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
CITY CLERK
Recording Requested by:
Doris J. Mortensen, City Clerk
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
When Recorded Mail to:
Doris J. Mortensen, City Clerk
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
2008-081512
12:25pm 07/15/08 ES Fee: NO FEE
Count of pages 12
Recorded in Official Records
County of San Mateo
Warren Slocum
Assessor -County Clerk -Recorder
111111111111111111111111111111$ 1111111$ 11111111111111111111
* 2 0 0 8 0 0 8 1 5 1 2 A R*
THIS SPACE FOR RECORDER'S USE ONLY
JUL 2 3 20H
TITLE OF DOCUMENT:
CONVEYANCE OF REVOCABLE UTILITY EASEMENT
APN: 029-122-370 (City Parking Lot B-1)
Owner: CITY OF BURLINGAME
1�
When recorded mail to:
City Clerk
City of Burlingame
501 Primrose Road
Burlingame, California 94010
CONVEYANCE OF REVOCABLE UTILITY EASEMENT
The City of Burlingame, a California municipal corporation ('City) and Gray Peak Fork,
LLC, a California limited liability company ("Gray Peak") agree as follows:
RECITALS
A. The City is the owner of the real property commonly known as Parking Lot B-1 and
as more particularly described in Exhibit A hereto ("Lot B-1")
B. Gray Peak is the owner of the real property commonly known as 1427 Chapin
Avenue, Burlingame, California and as more particularly described in Exhibit B hereto ("1427
Chapin").
C. Gray Peak wishes to obtain an easement to install electrical utilities under and across
a portion of Lot B-1, and the City is willing to convey such a revocable easement on the terms
and conditions contained in this Conveyance.
AGREEMENT
1. Description. The City hereby conveys a non-exclusive easement pursuant to the terms
of this Conveyance to Gray Peak as generally shown in Exhibit C hereto and as more particularly
described in Exhibit D hereto (the `Basement Area') for the installation of underground
electrical utilities.
2. Easement Appurtenant to 1427 Chapin. This easement is appurtenant to 1427 Chapin.
3. Construction and Maintenance. Gray Peak shall install its underground electrical
utilities pursuant to permits issued by the City. All work shall be performed by licensed
contractors. Gray Peak shall indemnify, defend, and hold the City harmless from any claims
arising from the installation of the utilities, including any mechanic liens, stop notices, or similar
25766.00001\BGLrBI\1365741.1 I
demands for payment. Upon completion of the installation of the underground utilities, Gray
Peak shall restore the surface of the Easement Area and any other portion damaged during the
installation in accordance with the standards of the City. Thereafter, Gray Peak shall maintain
the underground utilities and surface area of the Easement Area in good working order and
repair.
4. Consideration. In consideration of this Conveyance, Gray Peak shall pay to the City
the sum of $1,000.
5. Term of Conveyance. This Conveyance shall terminate and Gray Peak shall cease use
of the conveyed easement as follows:
a. Upon written notice by the City that the Easement Area is needed for redevelopment
or other purposes by the City. Such notice shall be given at least one hundred eighty days before
the date stated for termination in the notice. Gray Peak agrees and understands that the
termination shall not be subject to any hearing, review, or proceeding of any kind; or
b. Upon failure of Gray Peak to cure any default under this Conveyance after sixty (60)
days written notice of the City has been given of such a default. Gray Peak understands and
agrees that upon any termination of this easement, Gray Peak is solely responsible, at its sole
cost, for obtaining any approvals or permits and undertaking such construction as may be
necessary to provide an alternative location for its electrical utilities.
6. Conveyance Runs with the Land. This Conveyance shall run with the land and bind
and inure to the benefit of and shall be binding on the respective heirs, personal representatives,
successors, and assigns of the parties hereto.
7. Taxation. The following notice is provided pursuant to Revenue & Taxation Code
Section 107.6: Lot B-1 is owned by the City, and the City is exempt from real property and
personal property taxes. However, this Conveyance may create a possessory interest by Gray
Peak subject to property taxation, and Gray Peak may be subject to the payment of property
taxes levied on that interest by the State of California or the County of San Mateo. Gray Peak
shall be responsible for the payment of any such property taxes.
8. Indemnification. Gray Peak agrees to indemnify and hold harmless the City, its
officers and employees against claim for any injury or damages asserted by any person against
the City, its officers or employees, resulting from the exercise of the rights conveyed under this
Conveyance by Gray Peak, or any of Gray Peak's successors, assigns, tenants, or invitees. This
2
indemnification obligation extends to and includes any claim arising from the termination of this
Conveyance pursuant to Paragraph 5 above.
9. Entire Agreement. This Conveyance constitutes the entire agreement between the
parties and no terms, conditions, understandings, or agreements purporting to modify or vary this
Conveyance, unless hereafter made in writing and signed by the party to be bound, shall be
binding on either party with regard to this Conveyance.
10. Recordation. This Conveyance shall be recorded in the official documents of the
San Mateo County Recorder.
Dated:
Dated:
6/j4/ k
6112 /DU
25766.00001\BGLiBl\1365741.1 3
OF BURLINGAME
10
P AK FORK, LLC
By: , �JZ6jp ER/rE l!
Its: yiCE ®f�ES/DF��
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DESCRIPTION OF CITY PARIUNG LOT B-1
(LOT LETTERED "C'I
Lot lettered "C" and the southerly 20 feet of Lot lettered `B", Block 11, as designated on
the map entitled "MAP NO.2 OF THE PROPERTY OF THE BURLINGAME LAND CO. SAN
MATEO COUNTY CAL.", which map was filed in the office of the Recorder of the County of
San Mateo, State of California on February 20, 1905 in Book "D" of Maps at page 38 and a copy
entered in Book 3 of Maps at page 55.
LEGAL DESCRIPTION OF 1427 CHAPIN AVENUE
Parcel DE as shown on Parcel Map 06-04, Lands of Gray Peak Fork, LLC, as filed in
Book 77 of Parcel Maps at Pages 64-65, San Mateo County Records.
25766.00001 \BGLI3 1\1365741.1
EXHIBIT C
PLAT OF EASEMENT AREA
0
(CHAPIN
LOT C
J
APN 029-122-370
Y LANDS OF CITY OF BURLINGAME
LO wl
(INCLUDES SOUTHERLY 20' OF LOT B)
co I3 CITY PARKING LOT B-1
W d0
Cqn' `a
N�
N U
a
<4 NO N
C! f O P -Z i
in ZZ I C
I !d :5 — (
of Lo
04
.N- N'
r S 51_48'02" W 47.36'
S 47'48'37" W 55.08' (55.04')
EAST PTN LOT
APN 029-122-240
LANDS OF WULITZER
1432
1436
ENGINEERING
AN AVE.
CA. 94010
-1944
9
AVE.) /'--
LLLJw
13 LOT B l;
M
o (NORTHERLY PORTION)
ZI Lo
L APN 029-122-350 LO
LANDS OF KARP
_ Z� W
SOUTHERLY 20' "LOT B E-4 a'
S 48'05'36" W 47.02' I Oa
zo
!n
S 48'05'36 W 110.00'
PROPOSED 5' WIDE
UTILITY EASEMENT
LQ
0 0
WEST PTN LOT 2 0
3 APN 029-122-230
LANDS OF MALOUF y
Z
MALOUF'S FA
/,CE OF
U28 RVRL GAY An
(BURLINGAME AVE.) W roy1
� No. 20858 �
Exp. 9-30-09
' CIVIL
0425 BR TERRY OF ChUF(i
05-14-08
EXHIBIT C
PLAT OF EASEMENT AREA
SK -13
LEGAL DESCRIPTION OF EASEMENT AREA
25766.00001\BGLMI\1365741.1 7
0425 terry eze util.
08.0603
EXHIBIT D
LEGAL DESCRIPTION OF EASEMENT AREA
A portion of Lot "C" and a portion of the southerly 20 feet of Lot "B", Block 11, as shown on
that map titled MAP NO. 2 OF THE PROPERTY OF THE BURLINGAME LAND COMPANY
SAN MATEO COUNTY CAL. filed February 20, 1905 in Book D of Maps at Page 38 and
copied into Book 3 of Maps at Page 55. The easement is 5 feet wide with a centerline described
as follows:
Commencing at the southeasterly corner of said Lot B; thence along the easterly side line of said
Lot B N 42° 50' 51" W 8.82 feet to the POINT OF BEGINNING; thence leaving said side line
running parallel to the southerly line of said Lot B 848005'36"W 47.02 feet to the westerly
side line of said Lot B, said point bearing N 44° 05' 43" W 8.83 feet from the southeasterly
comer of said Lot B, said point also being on the common side line between said Lots B and C;
thence across said Lot C S 51° 48' 02" W 47.36 feet to the easterly side line of said Lot C and the
common side line with Parcel DE as shown on that Parcel Map 06-04 filed 6-7-2007 in Book 77
of Parcel Maps at Pages 64 - 65, said point bearing N 45° 29' 59" W 12.06 feet from the
southwesterly corner of said Lot C, and said point being the POINT OF TERMINUS. The east
end of the easement connects to a 5 foot wide easement with a centerline bearing S 860 13' 09" E.
The west end of the easement ends along the common line between Lot C and Parcel DE.
This description was prepared by:.
e@K_/ No. 20858
arles
Chvanagh p * Exp. 9-30-09
RCE 20858 3 .-Z oc>6
SK -14
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of CAC c%
On Z 3(.t cl/'z (L before mer T- 1r�ct �4 t t -i
� para t �' Here Insert Nema entl Tills of the cer
personally appeared V -z DC. V.F iU �
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
G. J. LLEWELLYNinstrument the person(s), or the entity upon behalf of
CoM LL WELLY7 IMF -
NOTARY which the person(s) acted, executed the instrument.
N SNA EO 06267
My Comm. Ea. Nov.20, 20101 1 certify under PENALTY OF PERJURY under the laws
of the State of California that the fore goi g paragraph is
true and correct.
WITNESS
Place Notary Seal Above _ .=' � I l//`Signature of Nota
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservat
❑ Other:
Signer Is
Number of
_ ❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
I thumb here ❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
®2007 National Notary Associabon • 9350 Do Soto Ave., P.O. Box 2402 • Chats dh, CA 91313-2402• w NafionalNotaryorg Item 45907 Reorder: Call Toll -Free 1-800.876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN MATEO
On June 16, 2008 before me, Ana Maria Silva Notary Public
DATE NAME, TITLE OF OFFICER
personally appeared, James Nantell-------------- --------who proved to me on the
basis of satisfactory evidence to be the personXwho a name Is/4 subscribed to the
within instrument and acknowledged to me tha he xecuted the same in
his/ authorized capacitykie , and that y is/ signature�srj on the
Instrument the person, orthe entity upon behalf of w Ic the person�s�Jacted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
,Ma MW 91W1
earn W a IA'lM
G�/ > Im�ioCAW*
� 4/n1, a Jra ee% (SEAL)oft"aft'iml 1
NOTARY PUBLIe SIGNATURE
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT Conveyance of Revocable Utility Easement
(1427 Chapin Avenue)
DATE OF DOCUMENT June 16, 2008 NUMBER OF PAGES
Six (6)
SIGNER(S) OTHER THAN NAMED ABOVE Fred Beretta, III (notarized elsewhere)
AN MATEO COUNTY
,SSESSOR-COUNTY CLERK -RECORDER
1ARREN SLOCUM
55 COUNTY CENTER
;EDWOOD CITY, CA 94063
finalization 2008044248
)7/15/2008 12:25pm
)35 040
tem Title
ES
asement
Document ID Amount
DOC# 2008-081512 0.00
Fime Recorded 12:25 pm
Fotal 40.00
Payment Type Amount
No Fee 40.00
Amount Due 0.00
THANKYOU
PLEASE RETAIN THIS RECEIPT
FOR YOUR RECORDS