HomeMy WebLinkAboutReso - CC - 069-1973I
RESOLUTION NO. 69-73
ORDERING THE VACATION AND ABANDONMENT
OF PART OF PUBLIC UTILITIES EASEMENT
ACROSS LOTS 1, 2, 3, 4 AND 8,
VIEWLAND ESTATES, BURLINGAME, CALIFORNIA
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, said City Council did on the 6th day of August,
1973, adopt its certain Resolution No. 59-73, entitled,
"Resolution Declaring Intention to Vacate and Abandon Part of
Public Utilities Easement Across Lots 1, 2, 3, 4 and 8, Viewland
Estates, Burlingame, California", declaring its intention to
vacate, abandon and close a part of a certain public utilities
easement, which part is particularly described in Exhibit "A",,
attached hereto, incorporated herein and made a part of this
Resolution by reference; and
WHEREAS, said Resolution No. 59-73 recites that said
proceedings were being taken under and pursuant to the Public
Service Easements Vacation Law of the State of California, and
expressed the election of this Council to proceed under said
law; and
WHEREAS, said Resolution No. 59-73 was duly adopted,
published and posted in the time, manner and form provided by
law, all as appears in the Affidavit of Publication and the
Declaration of Posting on file on the office of the City Clerk of
said City; and
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WHEREAS, Notices of Easement Vacation were conspicuously
posted, in the manner required by law, along the lines of the
easement, and the part thereof, proposed to be vacated, which said
notices stated the time and place of hearing, and the adoption of
the said Resolution No. 59-73; and
WHEREAS, Monday, the 17th day of September, 1973, at the
hour of 8 o'clock P. M., at the Council Chambers of the City
Council in the City Hall, in the City of Burlingame, was fixed in
said Resolution No. 59-73 as the time and place when and where any
and all persons interested should appear and offer evidence in
connection with said vacation of said easement; and
WHEREAS, after hearing the evidence, the City Council
finds that said part of said public utilities easement herein -
above described is unnecessary for present or prospective public
use;
NOW, THEREFORE, IT IS HEREBY ORDERED that said part of
said public utilities easement, as hereinabove described, be,
and it is hereby vacated and abandoned.
MAYOR
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
17th day of September , 1973, and adopted thereafter
by the following vote:
AYES: COUNCILMEN: Amstrup-Crosby-Cusick-Mangini-Martin
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Norte
c-e%
CITY CLERK
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EXHIBIT "All
An easement for public utility purposes, ten
feet in width, said easement being described in that
certain deed conveyed by California Constructors, Inc.,
a corporation, to John H. Goodwin and Mary V. Goodwin,
his wife, recorded on February 13,.1948 in Volume 1442,
Official Records of San Mateo County, at page 448
.(14891-H), said easement also being delineated and des-
ignated on that certain map entitled "VIEWLAND ESTATES,
BURLINGAME, CALIFORNIA"., which map was filed for record
in the Office of the County Recorder of the County of
San Mateo, State of California, on December 20, 1968,
in Volume 68 of Maps at pages 30.and 31, said easement
lying five (5) feet eachside of,the.following described
centerline:
BEGINNING at a point which is distant North
45' 48' 50" West 17.00 feet, North 441 11' 10" East 75.00
feet and North 42" 02' 42" East.105.33 feet ,from the com-
Mon northerly corner of Lots 26 and 27, Block 5, as said.
lots and block are shown on that certain map entitled
"BURLINGAME MANOR MAP NO. 1, BURLINGAME, CALIFORNIA",
which map was filed for record in the office of the
County Recorder of the County of San Mateo on September
12, 1946 in Book 26 of Maps at pages 15.and 16; thence
from said POINT OF BEGINNING North 310 45' 20 West
.172.87 feet; thence North 156 51' 20" West 107.33 feet
to the point of intersection with the existing 10-foot
sanitary sewer easement described in that certain deed
'conveyed by California Constructors, Inc., a corporation,
`to the City of Burlingame dated August 28, 1947 and re-
corded September 10, 1947 in Book 1386, Official' Records
of San Mateo County, at page 286 (86301-G).
EXCEPTING THEREFROM that portion of the above -
described easement which lies within the sanitary sewer
easement described in the deed from CALIFORNIA
CONSTRUCTORS, INC., a corporation, to.the CITY OF
BURLINGAME, a municipal corporation, dated August 28,
1947, and recorded September 101 1947, in the office of
the County Recorder.of.San Mateo County in Book 1386 of
Official Records at page 286.
F.