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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�� .�: V :] 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