HomeMy WebLinkAboutReso - CC - 052-2006RESOLUTION 52-2006
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING CONVEYANCE OF REVOCABLE EASEMENT OVER
PARKING LOT B-1 (CHAPIN AVENUE)
FOR VEHICLE 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 main building at 1427 Chapin Avenue is a historic structure that has been
used as a home and a garden center during its many years of existence, and is an excellent example
of fine brick construction; and
WHEREAS, the owners of 1427 Chapin wish to redevelop the property by saving and
renovating the main building and adding a complementary building to the southwest; and
WHEREAS, this effort will benefit the community and in particular, the Burlingame
Avenue area; and
WHEREAS, the City Planning Commission has received, considered, and approved a
negative declaration with regard to the proposed project and this proposed easement, and the City
Council has received and considered the negative declaration in adopting this resolution; and
WHEREAS, it is understood that pursuant to the negative declaration, the owners will be
retaining certain elements and reworking other elements of the interior as follows:
A. The following interior elements will be retained:
Front Room, right side of building
• Brick Fireplace
• Stained Glass Window
Front Room, left side of building
• Fireplace
• Brick elements at rear of room
Second Floor Front room, left side of building
• Fireplace
Double hung windows throughout including the sash and rippled glass
B. The following elements will either be retained or be replaced in kind throughout the
structure:
Baseboards
Cove ceilings
Doors, door casings, and trim
C. The marble floor tiles in the upstairs bathroom shall be relocated elsewhere in the
original building.
WHEREAS, in order to provide this project, the access to the parking area on 1427 Chapin
could come from a driveway along the western property line, which would diminish the street
presentation of the property as a centerpiece for Chapin Avenue; and
WHEREAS, it is possible to provide access to the parking area by using the existing
parking lot driveway for City Parking Lot B-1; and
WHEREAS, the owners of 1427 Chapin are willing to fairly share in the maintenance and
repair of Lot B-1 and to compensate the City for any lost parking spaces in order to make this
accommodation; and
WHEREAS, the proposed conveyance of a revocable easement over Lot B-1 would allow
the City to continue to fully use the parking lot and to change the use in the future on reasonable
notice to the owners of 1427 Chapin,
NOW, THEREFORE, IT IS ORDERED:
1. The negative declaration is accepted and approved.
2. 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 with
the further understanding that no demolition permit for work on the existing brick building shall
issue until such time as a plan in accordance with the retention and reworking elements described
above has been submitted to and approved by the City Planner and the City's Chief Building
Official.
3. With the approval of the City Attorney as to form, the City Manager is authorized to
execute the Conveyance on behalf of the City after the plan described in paragraph 1 has been
approved.
4. 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.
UU_..:
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 l 9thday of
June , 2006, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, COHEN, KEIGHRAN, NAGEL, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
CITY CLERK
Recording Requested by:
Doris J. Mortensen, City Clerk 2007-096036
City of Burlingame{]e�pg /[- 02:36pm 06/22/07 ES Fee: 43.00
501 Primrose Road 1R tl N & Count of pages 13 BG
Recorded in Official Records
Burlingame, CA 94010�� 1 1 2[IQt County of San Mateo
Warren Slocum
CITY'LE �c ` FI ssessor-County Clerk -Recorder
CITY (,, I 111111 III P11111111111
When Recorded Mail to: 2 0 0 7 0 0 9 6 0 3 6 A R
Doris J. Mortensen, City Clerk
City of Burlingame
501 Primrose Road
Burlineame, CA 94010 THIS SPACE FOR RECORDER'S USE ONLY
DOCUMENT TRANSFER TAX DUE $ 3.30
❑ COMPUTED ON FULL VALUE OF PROPERTY CONVEYED.
❑ COMPUTED ON FULL VALUELESS LIENS/ENCUMBRANCES
REMAININ THEREIN AT TIME OF SALE.
Declaran sig ature (or agent) Firm game
CITY O B M(E ❑ UNINCORPORATED
ASSESSOR PARCEL #
TITLE OF DOCUMENT:
CONVEYANCE OF REVOCABLE EASEMENT FOR VEHICLE ACCESS
CITY PARKING LOT B-1 ON CHAPIN AVENUE IN BURLINGAME
LOT LETTERED "C" BLOCK 11, AS DESIGNATED ON THE MAP ENTITLED
"MAP NO. 2 OF THE PROPERTY OF THE BURLINGAME LAND CO. SAN
MATEO COUNTY CAL"
Owner: CITY OF BURLINGAME
501 PRIMROSE ROAD
BURLINGAME, CA 94010
When recorded mail to:
City Clerk
City of Burlingame
501 Primrose Road
Burlingame, California 94010
CONVEYANCE OF REVOCABLE EASEMENT FOR VEHICLE ACCESS
The City of Burlingame, a California municipal corporation ("City") and Gray Peak Fork,
LLC Series B, a Nevada limited liability company ("Gray Fork"), successor in interest to Gray
Peak, LLC, 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 C")
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 ("Garden
Center").
C. Gray Peak wishes to obtain vehicle access across Lot C to the Garden Center, and the
City is will 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 for use as a vehicle access between Chapin Avenue and the rear of
the Garden Center. This conveyance does not include any rights or privileges to park or store
any vehicles or any other materials on Lot C.
Center.
2. Easement Appurtenant to Garden Center. This easement is appurtenant to the Garden
3. Consideration. In consideration of this Conveyance, Gray Peak shall pay to the City
the sum of $3,306.00 per year, payable on December 1 of each year during the term of this
2 5 766.00001 \BGLIB 1\1 326714.1 1
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
indemnification obligation extends to and includes any claim arising from the termination of this
Conveyance pursuant to Paragraph 4 above.
8. 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.
9. This Easement shall be recorded in the official documents of the San Mateo County
Recorder.
Dated: 4 %5o -O%
CITY OF BURLINGAME
By.
w
City Manager
Dated: �I g l U 7 GRAYP FORK, LLC SERIES B
Its:
25766.0000 1 \BGLIB I\1326714.1 3
EXHIBIT A
DESCRIPTION OF CITY PARKING LOT B-1
(LOT C)
Lot lettered "C", 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.
EXHIBIT B
DESCRIPTION OF 1427 CHAPIN AVENUE
0.185 Acres more or less portion of Lot lettered "D", 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.
CHAPIN AVENUE 9B' -
R�W (INCL,
POC
51�
o EXISTING 19.00'
R=2,436.69' STREET EASE
0=0'28'58" — POB REC. 1-19-
L=20.53' , —� F:-7 — VOL 2526 PG.914
R=2,436,69'
�Q' 0=0'33'54" � L=24.03'
' O N
W
LVNI �N
cli C)
rn
� � N�
V,I
JPROPOSED 2 '
�ACCESS EASE _
N 44'30'01" E�20.52' I�
N W
N I -I
O N
N 000
< I
(I S 44'30'01 " W 44.52,1 -
o _
N
1 46.83'
PORTION OF "THE BURLINGAME LAND CO. MAP NO. 2"
REC. 2-20-1905 D MAPS 38 (COPIED 3 M 55)
1 /=30-
CAVANAGH ENGINEERING 5-3-06
708 CAROLAN AVE.
BURLINGAME, CA. 94010
(650) 579-1944 PLAT OF
0425 TERRY PROPOSED ACCESS EASEMENT EXHIBIT C
0425 terry eze.
06.0503
LEGAL DESCRIPTION OF
PROPOSED ACCESS EASEMENT
A portion of Lot "C" as shown on that map titled "Map No. 2 The Burlingame Land Company"
filed February 20, 1905 in Book D of Maps at Page 38 and copied into Book 3 of Maps at Page
55, more particularly described as follows:
Commencing at a point on the southeasterly line of Chapin Avenue, said point being the northerly
terminus of the.commou line between Lots C and D; thence along said common Be
S 450 29'59" E 19.01 feet to the line of the Street Easement recorded January 19, 1954 in
Volume 2526 at Page 1; thence northeasterly along said line on a curve to the right with. radius
2,436.69 feet, central angle 0° 28' 58", an arc length of 20.53 feet to the POINT OF
BEGINNING; thence continuing on the line of said Street Easement northeasterly along a curve
to the right with radius 2,436.69 feet, central angle 0° 33'54", an arc length of 24.03 feet; thence
leaving said Street Easement line S 45° 29'59" E 142.95 feet; thence S 44° 30' Ol" W 44.52 feet
to the common line between Lots "C" and "D"; thence along said common line N 45° 29' 59" W
24.00 feet; thence leaving said common line N 440 30'01" E 20..52 feet; thence N 45° 29'59" W
120.06 feet to the POINT OF BEGINNING.
Containing 3,937 square feet, more or less.
This description was prepared by: .
QROFESSIpp�
17
Charles L. avanagh ^ 200
No. 20858
RCE 20858 * Exp. 9-30.07
KAVANAGH ENGINEERING I %HIBIT D
708 CAROLAN AVE. (65o) 579-1944
BURLINGAME, CA. 94010-2711 - - _
CONVEYANCE OF REVOCABLE EASEMENT FOR VEHICLE
ACCESS DATED 4/4/07
STATE OF California
COUNTY OF San Mateo
On April 4, 2007 before me, Jackie Ronson r\ o 6, y P. l- (. ,
(Name of Notary Publi
personally appeared Fred C. Bertetta, Jr.
personally known to me (or 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 instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
,l
?9 nature of Notary Public)
(notary)(07-02)
NONSON
C M1M#632 8
0T TYN
iANOCNSAMATECOUNTY
MY CON
ic EXP. AN. 18, 2010 6
(This area for notarial sea])
State of California
County of San Mateo
On April 30, 2007, before me, Doris J. Mortensen Cit Clerk
NAME AND TITLE OF OFFICE
personally appeared James Nantell
NAME(S) OF SIGNERS)
N personally known to me — OR - ❑ 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 instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
RESOLUTION 52-2006
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING CONVEYANCE OF REVOCABLE EASEMENT OVER
PARKING LOT B-1(CHAPIN AVENUE)
FOR VEHICLE 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 main building at 1427 Chapin Avenue is a historic structure that has been
used as a home and a garden center during its many years of existence, and is an excellent example
of fine brick construction; and
WHEREAS, the owners of 1427 Chapin wish to redevelop the property by saving and
renovating the main building and adding a complementary building to the southwest; and
WHEREAS, this effort will benefit the community and in particular, the Burlingame
Avenue area; and
WHEREAS, the City Planning Commission has received, considered, and approved a
negative declaration with regard to the proposed project and this proposed easement, and the City
Council has received and considered the negative declaration in adopting this resolution; and
WHEREAS, it is understood that pursuant to the negative declaration, the owners will be
retaining certain elements and reworking other elements of the interior as follows:
A. The following interior elements will be retained:
Front Room, right side of building
• Brick Fireplace
• Stained Glass Window
Front Room, left side of building
• Fireplace
• Brick elements at rear of room
Second Floor Front room, left side of building
• Fireplace
Double hung windows throughout including the sash and rippled glass
B. The following elements will either be retained or be replaced in kind throughout the
structure:
Baseboards
Cove ceilings
Doors, door casings, and trim
C. The marble floor tiles in the upstairs bathroom shall be relocated elsewhere in the
original building.
WHEREAS, in order to provide this project, the access to the parking area on 1427 Chapin
could come from a driveway along the western property line, which would diminish the street
presentation of the property as a centerpiece for Chapin Avenue; and
WHEREAS, it is possible to provide access to the parking area by using the existing
parking lot driveway for City Parking Lot B-1; and
WHEREAS, the owners of 1427 Chapin are willing to fairly share in the maintenance and
repair of Lot B -I and to compensate the City for any lost parking spaces in order to make this
accommodation; and
WHEREAS, the proposed conveyance of a revocable easement over Lot B-1 would allow
the City to continue to fully use the parking lot and to change the use in the future on reasonable
notice to the owners of 1427 Chapin,
NOW, THEREFORE, IT IS ORDERED:
1. The negative declaration is accepted and approved.
2. 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 with
the further understanding that no demolition permit for work on the existing brick building shall
issue until such time as a plan in accordance with the retention and reworking elements described
above has been submitted to and approved by the City Planner and the City's Chief Building
Official.
3. With the approval of the City Attorney as to form, the City Manager is authorized to
execute the Conveyance on behalf of the City after the plan described in paragraph 1 has been
approved.
4. 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 7 9tbday of
June , 2006, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, COHEN, KEIGHRAN, NAGEL, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
CITY CLERK
I hereby certify this to be a full, true
arjc' correct copy of the cl it
pug -ports to b^, h origa-1111 Dc :which i9
or. file in my c.`_ ice.
Dated:
City Cleric
City of Burlingame
i
3