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HomeMy WebLinkAboutReso - CC - 045-1964RESOLUTION NO. 45 -64 AUTHORIZING AND DIRECTING EXECUTION OF ACCEPTANCE OF REVOCABLE PERMIT ISSUED BY THE PUBLIC UTILITIES COMMISSION OF THE CITY AND COUNTY OF SAN FRANCISCO FOR THE WIDENING, IMPROVING, LANDSCAPING AND USE OF A PORTION OF THE FORMER MUNICIPAL RAILWAY RIGHT-OF- WAY ADJOINING CALIFORNIA DRIVE RESOLVED, by the City Council of the City of Burlingame, California, that: 1. That certain revocable permit issued by the San Francis- co eater Department under authorization of the Public Utilities Commission of the City and County of San Francisco as set forth in its Resolution No. 23671 dated February 25, 1964, and all of the terms and conditions of said revocable permit, a copy of which is attached hereto, incorporated herein, and made a part hereof as if fully set forth in this resolution be, and the same is hereby, accepted. Said revocable permit authorizes the widening of California Drive to a maximum of fifteen (15) feet and the use of an adjoining thirty-five (35) feet for landscaping and off-street parking. 2. The City Manager be, and he is hereby, authorized by and on behalf of the City of Burlingame and its City Council to execute an acceptance of said revocable permit. Y May I, Herbert K. White, City Clerk, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 16th day of March , 1964 and adopted thereafter by the following vote: Ayes: Councilmen:Crosby-Diederichsen-George-Johnson-Martin. Noes: Councilmen: None Absent Councilmen: None Herbert K. White - City Clerk � 1�_ N__.. SAN FRANCISCO WATER DEPARTMENT REVOCABLE PERMIT Pursuant to resolution of the Public Utilities Commission, permit is hereby granted to CITY OF BURLINGAME hereinafter called the "permittee" to occupy and utilize the following described property or prem- ises of the City and County of San Francisco, hereinafter called the "City" under jurisdiction of the Water Department, to -wit: A portion of the former Municipal Railway right of way being portion of Parcel No. 24 as described in deed from Market Street Railway Company to the City and County of San Francisco dated and recorded September 29, 1944 in Volume 1161 of Official Records San Mateo County at page 1, said portion being 50 feet in width and extending from the southeasterly line of Oak Grove Avenue to the northwesterly line of North Lane, City of Burlingame, a distance of 1,665 feet: for the purpose of widening the adjoining California Drive 15 feet, in- cluding landscaping and off-street parking privileges on the remaining 35 feet; all as shown on San Francisco Water Departmentts drawing 0-901, attached hereto and made a part hereof. This permit is granted subject to the following conditions: 1. This permit shall not become effective until receipt by the Water Department of a copy of this permit with properly signed endorsement accepting the permit subject to the conditions contained herein. 2. This grant of permission does not constitute a deed or grant of an easement by the City, is not trans- ferable or assignable, and is revocable at any time at the will of the Public Utilities Commission. 3. The use of said property by said permittee shall be limited solely to the purposes set forth by this per- mit and no structures of any kind, except those expressly permitted, shall be erected or placed thereon. 4. Neither the City, nor any Commission, Board or officer thereof shall be held responsible or liable for damage to any property of the permittee installed or located on the properties covered by this per. mit from any cause whatsoever. 5. The permittee shall at all times keep the City's lands in good and sightly condition, so far as the same may be affected by the permittee's operations hereunder. 6. The permittee shall, on receipt of notice so to do and within such reasonable time limit as may be fixed by said notice, alter or remove at the expense of said permittee any property or structures covered by this permit to such extent as may be necessary to avoid interference with any pipe, pipe lines, power lines or other structures now or hereafter to be constructed by the City, or with any operations of the City or with any use by the City of the land affected hereby or, if so agreed by the General Manager and Chief Engineer of the San Francisco Water Department and the permittee, the permittee may pay to the City -the amount of any expense to which the City may be put as a result of such interference. XER6 XERO '' (XERO� XERO 7. The permittee shall be responsible and liable for any and all damage to structures or property, or for injury or death to persons, due directly or indirectly to said permittee's occupation and use of the City's lands herein described, and shall promptly pay any just claim therefor and the permittee shall hold the City free and harmless from liens of every kind and nature, and from claims for damages of any kind whatsoever. 8. In the event that the permittee shall abandon the use of said property for a period of one year, or shall fail or neglect or refuse to comply with any of the conditions herein contained or, in the event that this permission be revoked, then all rights of the permittee hereunder shall forthwith cease and determine. 9• City of Burlingame shall assume all taxes and assessments, weed control, maintenance and upkeep on the entire 50 foot width of right of way permitted hereunder. 10. The rights granted herein are for street widening purposes and no underground utilities shall be installed therein without the approval of the Public Utilities Commission of the City and County of San Francisco. 11. This permit shall be revoked only to dedicate the strip of land to higher and better use. 12. The widening of California Drive shall be limited to a maximum of 15 feet as shown on City of Burlingame's drawing entitled "California Drive Proposed Widening Oak Grove to North Lane," dated December 17, 1963 and numbered B-1939. APPROVED: Manager of Utilities Bureau of Accounts Authorized by Public Utilities Commission under Resolution No. SAN FRANCISCo WATER DEPARTMENT by Ct ` Acting General Manager and C of Engineer Permit accepted as to all terns and conditions this day of 19_ Secretary Permittee by --- AJOJ ". - Oa3X PUBLIC UTILITIES COMMISSION CITY AND COUNTY OF SAN FRANCISCO RESOLUTION No. RESOLVED, That this Commission hereby authorizes issuance of Water Department Revocable Permit covering use and occu- pancy of property as follows: TO: CITY OF BURLINGAME Permit to Occupy the 50 foot width of the former Municipal Railway right of way ex - ter -ding from the southeasterly line of Oak Grove Avenue to the northwesterly lane of North Lane, for the purpose of widening the adjoining California Drive 15 feet; remaining 35 feet to be used for landscaping and off-street parking. Subject to the payment of taxes and assessments by the permittee. Cancelling revocable permits issued by Resolution 11244, adopted December 18, 1950 and Resolution 10762, adopted June 61 1950 as said permits pertain to the occupancy of that portion of the right of way referred to above for parking purposes. I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting