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HomeMy WebLinkAboutReso - CC - 077-1974J&.5154A ft ECORD ED AT V01-6 68 °AGE209 OF BAN 15 3 12 MAWN CHURCH. F SAN MATED CC oFFiciaE REc� RESOLUTION NO. 77 - 74 ' t7 5 RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS MER AND AUTHORIZING EXECUTION AND RECORDING OF NOTICE OF COMPLETION - LANDS OF MELBA M. RILEY RESOLVED by the CITY COUNCIL, CITY OF BURLINGAME, that: WHEREAS, this City Council did, on the 20th day of December, 1971, enter into an agreement with MELBA. M. RILEY for the construction and/or installation of certain public improvements constructed in and for consideration of the approval by the City of Burlingame of the Parcel Map entitled "Division of 3.303 acre Parcel Lands,of Melba Pauline Moore & of O'Hara, Bk. 4659 O. R. PG. 298; to wit, a certain water main de- scribed therein; and WHEREAS, the Director of Public Works has certified that the public improvements hereinbefore described were, on the 15th day of December, 1974, completed in accordance with the terms and conditions of said agreement, and has recommended that said water main be accepted on behalf of the City of Burlingame, and has further recommended the filing of a Notice of Completion thereof: NOW, THEREFORE, IT IS HEREBY DETERMINED AND ka ORDERED as follows: 1. That said public improvements shall be, and the same al" hereby accepted by this City Council for and on behalf of the City of Burlingame. 2. That the Mayor be, and he is hereby, authorized and directed to execute said Notice of Competioq and the County Recorder shall be, and is hereby, authorized and directed to record said Notice of Completion. Indexed Mayo ff�� ��11 -1- VOLG 168 PAGE?09 I, HERBERT K. WHITE, 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 16 day of December 197 4, and adopted thereafter by the following vote: . AYES: COUNCILMEN: Amstrup-Crosby-Cusick-Harrison- Mangini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None City Clerk,T r Y ti�f "1 � 1 Z VOLF3768 PAa?lr) NOTICE OF COMPLETION CITY OF BURLINGAME, STATE OF CALIFORNIA NOTICE is hereby given by the undersigned, CITY OF BURLINGAME, having jurisdiction over the construction and installation of certain public improvements pursuant to the ordinances of said city: That said City of Burlingame did, on the 20th day of December, 1971, enter into an agreement with MELBA M. RILEY, for the construc- tion and/or installation of certain public improvements on lands of MELBA. M. RILEY described in the Parcel Map entitled "Division of 3. 303 Acre Parcel Lands of Melba Pauline Moore & of O'Hara, Bk. 4659 O. R. pg. 298, " to wit, the installation of an eight (8) inch water main in an easement described in said agreement; and That on the 15th day of December, 1974, the construction and/or installation of said public improvements hereinbefore described was actually completed in accordance with said agreement, and said public improvements were regularly accepted by the City" Council on the 16th day of December .1974)n behalf of said City of Burlingame; and That the title to said public improvements hereinbefore described is vested in the City of Burlingame, State of California. Dated: December e16. 1974 CITY OF BURLINGAME !� B,� 0. _- and01� a�o� C� �y C/rKk -1- ff�� q VOL67i18 PAGE211 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN MATEO ) On this 4lay of December, 1974, before me, the undersigned, a notary public in and for the State of California, with his principal office in the County of San Mateo, personally appeared WILLIAM CRO S BY, known to me to be the Mayor, and HERBERT WHITE, known to me to be the City Clerk, of the City of Burlingame, a municipal corporation and polical subdivision of the State of California, the municipal corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said municipal corporation therein named, and acknowledged to me that such municipal corporation executed the same. IN WITNESS WHEREOF I have subscribed my name and affixed my official seal hereto above written. the date in this certificate first 1VV-1'L-lny YU15llll. in and for the State of California, having his principal office in the County of San Mateo OFFIg1AL SEAL li.: M. LEFIRFELD .i NaTAVRY M115 -iG %ALIFORNIA Principal Office 4I S9N-MAjEO County My Commission ,=fres lay 17,1976 VOL6768 PAGE212 AGREEMENT FOR IMPROVEMENTS ON ACCEPTANCE OF FINAL PARCEL MAP LANDS OF MELBA M. RILEY THIS AGREEMENT, made and entered into this G'�� day of December, 1971,,by and between MELBA M. RILEY, (here- inafter referred to as "Subdivider"), First Party, and CITY OF BURLINGAME, a municipal corporation, (hereinafter referred to as "City"), Second Party: W I T N E S S E T H: This Agreement is based on the following premises: A. Subdivider has presented to City for approval a final parcel map being a resubdivision of lands in the City of Burlingame, County of San Mateo, State of California, particularly described in Exhibit "A" attached hereto, incor- porated herein, and made apart of this Agreement by reference. B. This Agreement is executed pursuant to the pro- visions of the Subdivision Map Act of the State of California and Chapter 26.24 of the Municipal Code of the City of Burlingame. NOW, THEREFORE, Subdivider, for and in considera- tion of the approval of said Final Parcel Map by said City, promises and agrees with City as follows: 1. Performance of Work. Subdivider will do and perform and cause to be done and performed in a good and workmanlike manner, under the direction and to the satisfac- tion of the City Engineer of City, all of the following work and improvements, described on Exhibit "B" attached hereto and incorporated herein, which Exhibit "B" consists of a general description of the water main and plans prepared by THEODORE TRONOFF entitled "Water Main Extension," dated December 8, 1971. 2. Work: Places and Grades to be fixed Engineer. All of said work is to be done at the places, of the materials, and in the manner, and to the grades shown upon the plans and specifications therefor to be approved by the City Engineer and filed in the office of the City Clerk of said City, and to the satisfaction of said City Engineer 3. Work: Time'for Commencement and Perfo City hereby fixes the time for commencement of said work to be on or before March 15, 1972, and for its completion to be April 15, 1972. At least fifteen (15) days prior to the com- mencement of work hereunder, Subdivider shall notify City Engineer in writing of the date fixed by it for commencement thereof, so that City Engineer shall be able to provide serv- ices of inspection thereof. 4. Repairs and Replacements. Subdivider shall replace, or have replaced, or repair, or have repaired, as the case maybe, or pay to the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any such work done, whether such property be owned by the United States or any agency thereof, or the State of California or any agency or political sub- division thereof, or by the City, or by any public or private corporation, or by any person whomsoever, or by any combina- tion of such owners, and Subdivider will furnish satisfactory evidence of being covered by property damage insurance in an amount and'with a carrier satisfactory to City. 2. 5. Incidental Expenses. All incidental expenses incurred by City for engineering services for.reviewing and checking plans and/or specifications and/or cost estimated, proposals, inspection of work and all other incidental ex- penses, shall be paid to City by Subdivider within .ten (10) days after billing by the City. 6. Bonds. Subdivider shall, upon the execution of this Agreement, deposit with the City Clerk of the City, a bond as security for the diligent completion of the work of improvement described in Paragraph 1 herein, in the amount of $15,000.00, together with"a Labor and Materials Bond in one half of that amount. 7. Guarantee. Subdivider shall guarantee such improvements for a period of one (1) year following the com- pletion by Owner and acceptance by City, against any defective work or labor done, or.defective materials furnished, in the performance of this Final Parcel Map Improvement Agreement by Subdivider. S. Utility Deposit - Statement. Subdivider shall file with the City Clerk,,prior to the commencement of any work to be performed within the area described by said map, a written statement signed by Subdivider or subdivider's agent or subcontractor and each public utility corporation involved, to the effect that Subdivider or Subdivider's agent or subcontractor has made the deposit legally required by such public utility -corporation for the connection of any and all public utilities to be supplied by such corporation within such subdivision. 9. Termination of Agreement: Grounds. If Sub- divider refuses or fails to obtain prosecution of the work, 3. or any severable part thereof, with such diligence as will insure its completion within the time specified, or any ex- tensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider shall be adjudged a bankrupt, or if she should make a general assignment for the benefit of her creditors, or if a receiver should be appointed in the event of her insolvency, or if she, or any contractor employed by her, should violate any of the provisions of this Agreement, the City Engineer of the City may serve written notice upon the Subdivider of its intention to terminate this contract, such notice to contain the reasons for such inten- tion to terminate this contract, and, unless within five (5) days after the serving of such notice, such violation shall have ceased and satisfactory arrangements for the correction thereof shall have been made, this Agreement may, at the option of the City, upon the expiration of said time, cease and terminate. 10. Termination of Agreement; Performance by City. in the event of 'any such termination, the City shall immedi- ately serve written notice thereof upon the Subdivider. The City may then take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of Subdivider, and the City may apply said bond, or any part thereof, to the cost of said work and improvements. in the event of any such termination, the Subdivider shall also be liable to the City for any excess cost or damage occasioned the City thereby; and, in any such event, the City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property 4. belonging to the Subdivider as may be on the site of the work and necessary therefor. 11. Notices. Any notice herein required to be given by Subdivider to City shall be given to the City Engineer of said City, addressed as follows: City Engineer, City of Burlingame City Hall 501 Primrose Burlingame, California 94010, and shall be delivered personally or shall be deposited in the United States Post Office in the City of Burlingame, registered mail, postage prepaid. Any notice herein required to be given to Sub- divider to City shall be signed by said City Engineer, served personally upon Subdivider, or deposit in the United States Post Office in the City of Burlingame, registered mail, postage prepaid and addressed as follows: MELBA M. RILEY 1554 Old Bayshore Highway Burlingame, California 94010, or as said address may be changed by notice in writing to City. 12. Rights and Remedies Cumulative. The foregoing provisions are in addition to, and not in limitation of, any other rights or remedies available to the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written. 'CITY OF BURLINGAME, a Municipal corporation ATTEST: By: City Clerk, City of Burlingame MELBA M. RILEY VSubdivider 5. PARCEL ONE. BEGINNING at the most Northerly corner of Lot 1, as shown on ;dap of ST•IALLCC1%3 INDUSTRIAL PARK, filed April i5, 1 57, Book 47 of Maps, Pale 15; TH_140E g, frosaid POET OR BIGINNING along the exterior boundary of said Lot 1 the following two courses: South 22" 02' 22" last 30.00 feet, North 670 57' 38" fast 20.00 feet, leavir..� said boundary of Lot 1, along the Southeasterly boundary line of the lands of Ielba Pauline Moore North 670 57' 38" East 2;4.21 feet to a point in the Northeasterly line of SwZmp and Cverflowed Lands Survey No. 12, as patented to A.T. Easton by the State of California by instrument recorded June 12, 1°62, Book 1 of ? P g 5b, said line being also the 3outheesterly line a �en,.s 3 e 7 S�.i , of Tidelands Survey No. 66 and No. 16 as said Tidelands 'riere patented by W.C. :arsons, by instrument recorded December 24, 1877, BOOR 1 Of Patents, :a.ge 606; THENCE along said Northeasterly line North 140 34' 39" West (North i4° 45' Test, Patent) 571.84 feet to the most asterly corner of the 195.8.0 acre parcel described in _Deed from A.I. Easton to D.C. Mills, recorded June.1, 1863, Book 3 of Deeds, Page 530, Records of San i3te0 County; TIENCE along the Southeasterly line of said 1g5.89 acre parcel South 350 20' 38" ;Jest 458.13 feet to the most Northerly corner of the lands of O'Hara; THEI.CE along the Northeasterly line of said lands South 220 021 22" East 270.22 feet to.the Point of Beginning. PARCEL T1.10 BEGID:.ING at the point of intersection of the Easterly line of Old Bays' -ore -_ heay 125.00 feet -aide, as.comreycd�by A.M. Easton, et ux, t0 the State of California by Deed recorded ;,u;ast 8, 1925, Book 182, ,Official Records, Pa Se 1197, Records of San ;: teo County, with the line formerly divid_n3 the lands of _aston from the lands Of Mills Estate, Incorporc -led, 'Ld point being also the most �.=sterly corner Of the 'Land conveyed t0 .. hard C'Tiara, et ux, by Deed recorded November 25, 'L�4(i, BOO'_•C 1749, Cf=icia' Records, Pag 077, Records Of San iate0 County; TY. T:v_. i- ... Sa;... Cil;i C. B_==•Il. G along aforesaid dividing line, said line nein;, a_zc the T•iorth'.•lesterly line Of Bald 'lands Of O'Hara, North 35' 20' 33 =ESL feet to the most .L'est...ly corner of t.:e lands of e Pauline ne -e; `HZIjjC4 n.^ h line e � may: 'l Melba aa_1.... ::oo..., ._:..•,.� alo..� the 1�.... between th lands of ;.elb:. Pauline ::oore and the lands of Richard C'_.-ra, et ux, South 220 02' 22" East 47.49 feet to a point at _ right angle diatanb Southeasterly 40.00 feet frcm afCresaid line dividing the lands Of Easton from the lands Of Bills Estate, Incorporated; Tr':E_vCE leaving said line bete,een the lands Of :"eib3 7aulilne i,,core and e lands of 01111ara at a right anJ,le South 670 57' 3811 •::eSt 27.83 feet to a point in the line parallel ,.ith and at right argyles distant Southcasterly 25.00 feet from aforesaid line fo:^merly diviiin3 the lands of Easton from the .lands of mills Estate, Incorporated; T:.-iiCE along said parallel line South 350 20' 3oWest 307.10 feet to _ point in the Easterly line Of the existing Bayshore i .�'n •.:� '!;.CO feev ide 'HEN.--CE ^21 `i'• sai.� Easterly e North 220 C•'21 o u ,. 1..�.%I- -�, 1, fin 22" West 21.^` feet to a point in afore•saidyline formerly dividing t^ lands of Easr,or. from the lands of. '•iills Estate, Incorporated; THENCE along said dividing line North 35.°. 20' 33" Zest 24.34 feet to the Foint of Beginning. _ cx: r oiT A IEM-12 D I f, B 'GENERAL DESCRIPTION - IMPROVEMENT EXTENSION OF B" WATER MAIN LANDS OF MELBA PAULINE MOORE BAYSHORE HIGHWAY & BURLWAY ROAD ,r BURLINGAME, CALIFORNIA The eight inch water main shall be of asbestos cement pipe with trenching and blocking to be as per the standards and requirements of the City of Burlingame. The location of said water main is described as follows; BEGINNING at the existing 8" Gate Valve on Bayshore Highway (approxirriately 220' northwesterly of the centerline of Burlway Road). The water main shall extend northwest of said gate valve a distance of approx- imately 5'; thence turning North it shall continue within the 25' Access to Public Utility Easement acquired from O'Hara, a distance of approximately 350'; thence northeast into the 20 foot public utility easement witl;in the Lands ' of Melba Pauline Moore, a distance of approximately 16 feet; thence southeast in the 20 foot Public Utility Easement with the lands of Melba Pauline Moore and through the McClenahan Easement to the existing 8" water main on Burlway Road, a distance of approximately 425 feet. I Note: For graphical location, see Drawing No. W-1 "Water Main Extension", By Theodore V. Tronoff, Civil Engineer &.Surveyor, Inc., Survey I`40- 01/5825. ��C 1 071 C17Y &i GINZS4 , MTV O'S' TkT TR Y T'If1 e M .