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HomeMy WebLinkAboutReso - CC - 050-1949RESOLUTION NO. 50-49 AUTHORIZING EXECUTION OF AGREEMENT WITH CITY AND COUNTY OF SAN FRANCISCO RESOLVED by the City Council of the City of Burlingame that the City enter into the Agreement hereto attached and be thereafter made a part of this Resolution; and BE IT FURTHER RESOLVED that the Mayor be, and he is hereby authorized for and in behalf of the City of Burlingame to execute said Agreement. 'Z. k. - Dan R. Love, J , 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 July 18, 1949 and adopted thereafter by the following vote: AYES: COUNCILMEN: Atwater -Dahl -Hunt -Love -Simonds NOES: COUNCILMEN: None ABSENT COUNCILMEN: None ierbert K. White City Clerk THIS AGREEIMN'T made and entered into this & day of DULY, 1949, by and between the CITY OF BURLINGAME, first party, AND CITY AND COUNTY OF SAN FRANCISCO, second party, both municipal corporations of the State of California; WHEREAS, City and County of San Francisco has heretofore, and up to the 15th day of January, 1949, been the owner of a franchise for the operation of an interurban street railway upon California Drive within the City of BurlinUame; and WHEREAS, by its Resolution No. 9403, enacted upon the 22nd day of November, 1948, the Public Utilities Commission of the City and County of San Francisco recommended the immediate abandonment of said street railway line, commonly known as the "No. 40" line, submitting said recommendation forthwith to the Board of Supervisors of the City and County of San Francisco, which resolution is now in full force and effect, not having been disapproved by nine or more votes of said Board of Supervisors, and said Board of Supervisors not having; acted upon said recommendation within thirty days from the receipt thereof, or at all, in consequence of which, said Resolution of the Public Utilities Commission is, under the terms of Section 132.1 of the Charter of the City and County of San Francisco, in full force and effect as an abandonment of said No. 40 line; and WHEREAS, service on said line terminated at the end of January 15, 1949, and the City and County of San Francisco has evidenced its intention of permanently abandoning said franchise and never resuming service thereunder; NOVI, THEREFORE, THIS AGREMIENT WITNESSETIH: 1. First party at its own expense may pave over the area occupied by the tracks of said railway line upon California Drive, and Oak Grove Avenue, in said municipality. 2. City and County of San hrancisco agrees that it will at Ino time remove, or attempt to remove, any portion of said tracks. 3. Each of the parties hereto releases and forever dis- charges the other from any claim whatsoever relating to the presence or location of said tracks, or any part thereof, or cost of paving thereover. 4. Second party will, within a reasonable time after the signature of this Agreement, and at its own expense, remove all wires heretofore utilized in the operation of said railway line within said municipality, and such poles as were not jointly utilized with other utilities at the time of said abandonment. IT WITNESS VY=REOF, the parties hereto have set their hands and seals on the date hereinabove mentioned. APPROVED AS TO FORM: CITY OF BURLINGAIr�, DION R. HOLM a Municipal Corporation City Attorney of the /�, Q City and County of By o4J� 7 San FranciQs�co�% Mayor 67 By ' 1/G�.G, �� FIRST PARTY Public Utilities Counsel CITY AND COUNTY OF SAN FRANCISCO BY ITS PUBLIC UTILITIES COMMISSION, APPROVE l TO FORM* a m c' al rp atio �.� r City Attorney of th 7 City of Burlingame es d r Commissioner SECOIuD PARTY PUBLIC UTILITIES COMMISSION CITY AND COUNTY OF SAN FRANCISCO RESOLUTION No. RESOLVED' That this Commission enter into agreement with the City of Burlingame, a municipal corporatiod, under the terms of which, said City of Burlingame, may at its owri expense, pave over the area occupied by the tracks of the P=Icipal ptal.lway of the City and County of San Francisco, upon the streets of said City of Burlingame, the Cit,r and County of San Francisco agreeing that it will at no til,e remove, or attempt to remove, any portion of said tracks and both parties to the agreement releasing and forever discharging the other from any claims whatsoever relating to the presence or location of said tracks, or any part thereof, or cost of paving there - over; the City and County of San Francisco at its own expense to remove all wires heretofore utilized in the operation of the rallway within the municipality, and such poles as ,vere not .'ointly Ailiz,ed witsj other utilities at the time of abandonment of service. I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting DEPUTY CITY ATTORNEYS A. DAL. THOMSON PUBLIC UTILITIES COUNSEL WALTER A. DOLD CHIEF DEPUTY CITY ATTORNEY EDMOND P. BERGEROT CHIEF TRIAL DEPUTY ROBERT MCMAHON BYLVAIN D. LEIPSIC REYNALD J. BIANCHI NORMAN SANFORD WOLFF WALKER PEDDICORD VIRL BENNEHOFF DION R. HOLM CITY ATTORNEY CITY HALL SAN FRANCISCO 2, CALIFORNIA HEMLOCK 1d322 July 27, 1949 Mr. Herbert K. White City Clerk City Hall Burlingame, California Dear Mr. White: DEPUTY CITY ATTORNEYS C. WESLEY DAVIS JOSEPH F. MURPHY LAWRENCE S. MANA BERNARD J. WARD, JR. EDWARD I. FITZPATRICK JACK G. MCBRIDE CARL H. ALLEN GEORGE E. BAGLIN THOMAS J. BLANCHARD THOMAS M. O'CONNOR THOMAS A. TOOMEY, JR. WILLIAM F. BOURNE EDWARD F. DULLEA PAUL L. BECK CHIEF VALUATION AND RATE ENGINEER THOMAS J. O'TOOLE CHIEF LAW CLERK I am enclosing herewith two copies of the con- tract between the City of Burlingame and the City and County of San Francisco with reference to the tracks of the Municipal Railway, formerly utilized through your municipality in the interurban line which has been aban- doned. I have retained the remaining two originals for our file. I have advised Mr. Karmel, your City Attorney, that these documents have been forwarded to you. I am also enclosing herewith two certified copies of Resolution No. 10,003 of the Public Utilities Commission of the City and County of San Francisco author- izing the execution of the contract. Very truly yours, DION R. HOLM City Attorney B . j. Y Public Utilities Counsel ADT/f Enclosures