HomeMy WebLinkAboutReso - CC - 001-1941RFSOLUTION NO.
RESOLUTION AUCEPTING GRANT OF EASEME142S
FROM SOUTHERN PACIFIC COKPANY, AND
SOU11MRN PACIFIC RAILROAD COMPANY, FOR
CONSTRUCTION AND MAINTENANCE OF A DRAIN-
AGE DITCH UPON AND ALUN3, 'PH>d RAILROAD
RIGHT OF WAY BEAR :BROADWAY. STATION IN
TIM CITY OF AURLI4GAME.
i
WHEREAS, SOUTIi' I PAM-1C COMPANY, a Corporation, and
EajLI,_OAD M;PANY, a Corporation, has agreed
to ;;rant to the CITY OF BURLINGA.T+E an easement over certain
lands to construct, re -construct, maintain and operate a
drainage ditch for the purpose of convoying water on and a-
cross the riEht of way and property of said companies near
Lroadway ( urlin--ame) over and along that certain parcel of
land more particularly described in a certain agree♦iient dated
the 6th day of January, 1941, a copy of which is attached
hereto and -.ade a part hereof; and,
VOILRT-M, it appears to be to the best interest of the
City of Lurlin6ame that the aforesaid agree-xnt be executed
according to the terms herein stated;
T i,REr'URE, Si IT RF SOE VIED: That the City Council of
the City of F3urlineame does hereby, for and in behalf of the
said City, accept the easement for ri,;ht of way to construct,
re -construct, maintain and operate a drainage ditch for the
purpose of conveying water upon and across the rift of way
and property of the aforesaid Southern Pacific Company, a Cor..
poration, and Southern Pacific Hailroad Company, a Corporation,
and all according; to the terms of that certain aGreement made
on the 6th day of January, 1941, a copy of which is attached
hereto and :Wade a part hereof;
,-'T", - m..-__ 71, ��GVED: That tie ILayor and the City
Clerk be, and they are hereby authorized, for and in behalf of
the City of urlin6ame, to execute the aforesaid a0reement in
triplicate.
The foregoing Resolution was adopted at a re;;ular
11tieetin of tie "ity Council o� the City of Burlingame on
Jmnuary 6, 1941, by the followin. ; vote:
Ayes: ODU GIL'4LNI �a k�� tT��I�� s«CC1�_ ��y�►f �3� �'-► It�i?C�i�
Absent:(,
', f jfji-!� ,
ATTEST:
TEST:
city 1,1
iaY or.
The undersigned, City Clerk of the City of Burlingame, do"-,
hereby certify that the foregoing is a true and correct copy of
,v. solution adopted at a regular meeting of the City Council
of the City of Burlingame held on January 6, 19410 ,
ity Cler
hr Titg of nrlittg amr
$AN MATEO COUNTY
CALIFORNIA
January o, 19
e Honorable City Council
Burlingame, Cailf y-_pia.
"entlemea:-
Submitted herewith for execution is �-z agreement
between the Southern Pacific Co.,.)uny and the City of Burlingame,
covering grant of easement for the construction and maintenance
of a drainage ditch on Soutnern Pacific pro' erty. kccompanying
the agreement is a resolution authorising t�e I:_ayor and Clerk
to sign the same in behalf of the City.
respectfully subr.i tec,
C. T. �,oT.
L. ngson
Su t of 1 ubli.c ,forks
C i y of Burlia.-Ame .
OF
1
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1.
TIM % Mwf9 made this 6t�th ._.... day of January
1941, by and between
OW
SOUTMN PACIFIC COKPAXY# a corporation, -'irz�t
party,
and its Lessor, ' 10AMM
P: CrrTC * '" O.M COjPpXY#
a corporations
second
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A_ W d171
and tae CM OF WRLTMAYATP a municipal corporation of t`.e Mate of
%Iiforni.a, third party, hereinafter called "Grantes",
� a r � r_ a • - .� t> r .. '> ,, x as _-__ � ,
grants to said Irantee the right to construe%* reconstructs maintain and
operate a drain-ageditch for the purpose of conveying grater upon and
acroas the" ofwayand property ofGrantor .. or marr. 3 ;, bi'.' s
{ r'11)
, l ounty
of OW
IMMot
;tote of CaUtOMMUs,
in Vw location
ham in yellowy tint
and by
solid
red li b]X*Prilkt
Oft*** Division
$ram 3.. . g .:' L ♦ � ;:.. iyR � -'_: � .. R :.� _ *_ �.. 4. R :„ >
All "t certain piece or pof land situate lyirw
,and being in the city of Burlingame , County of C �a ev, to
of Ca ifornia, particularly described as -rol ;.o s
W, TT " 1IM at the point of intersection of the southerly
line of the 1-southern Pacific nailroad Company's right of way
as acquired arA described secondly in that deed dated
8sune 1, IW2# from ,�nsel m* and i.,t ise Eton to southern
:nacific aailroad Company, recorded July 199 19122 in. Volume 47,
at page 770 Cffici.al necords, .Records of San Mateo County, 11th
the southerly boundary line of that certain tract of land shown
on map entitled aston kddi.tion to Burlingames recorded in
Bout IT", pa a 51 of original Maps, records of San Mateo County;
thence along said southerly right of Ymy line JTorth G21*301 est,
26,20 .feet and Barth 60,147, `'set, 6 .45 feet to the point of
beginning of the parcel of land Io be described thence North.
600471 ;hest, alb said line of right of -FArV 308#0 feet& thence
T!orth 62030, Nest, along said line of right of ;bray 24-0. i feet,
thence jxorth 36a4b# 2"t, 41.54 feet; thence :3*uth 62030: zas
16R54 feet; ttwmo southerly on the are of a curve concave to
the left having, a radius of lGoO feet for an are distance of
25.13 .feet (ta L/,ent to cove at its point of be inni.n, bears
south 27,P+ :feet►)j tb�aMo tt to curve at its point of
endi,n , �ou.th 6201 ast, �i01*19 feet; thence Nadu *47t rant
R37 feet; thence South 29013t �gast, 25*0 feet to the point of
beginning and containing an area of 4.322 acres, more or less.
This ,grant is made, executed and delivered by arantor to the
Grantee upon the folloaing express terms and conditions, to all of which
*,J.w
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491.111 1 41M.TIM M4 _7M., = r7 -. "I'll
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to the property ebove described, and agree$ never to assail or resist
said title &
2, Grantee shall constirmot and thveaftor the said
ditch at arantee's sole cost arA expeMos Tn V,,e event Grantor is put
to aM expense in the perforumm* by It of Its oPerat4ow over the
tracks adjoining said land by reason of the presence, of ftid ditebs
including, cost �,rd expense necessary to construct and reneft falso ,,,rork,
,Irantee expressly agrees to pW to Grantor, upon presentation of bills
therefor,, the cost ar.A expense imurrad by ,Irantor ao aforesaid includ-
ing the construction and removal of said false iork.
S. (Arantor will, in the event it considers it -necessary,
place a flagman or 'Iagmen upon said prod"S to protect and safagward
property, movemnt of engines, traits and cars of Grantor at said loca-
tion while said !rork is being done, ,axed Grantee will rejubwee, Grantor,
promptly upon receipt of bills therefor, for the cost of furnishiW
;Uch ;CUSMA or r1acp2m,
4. in the event. Grantor shall at any time or times constrwt
any aMitional track or tracks in the location of said land then arantee
agrees, at Grantee's sole cost and expense, upon receiving written
notice frm nrantor so to do, to farVwith construct, aud asinUla an
additional ditch or to extend or ciu-Age said ditch or imediately re-
move, reconstruct, alter or uke changes in the location af said ditch
as may be required by grantor and in a manner satisfactory to Grantor.
S. Grantee and the agents and employee of Grantee shall have
the privilege of entry on said premises for the purpose of making
necessary repairs to or changes in said ditch, and the Santee agrees
to at all times keep said premizes ina good and safe condition so far
as affected by roanteols operation-49 all to the sa-Usfaction of 1rantor.
6* Grantee agrees that all work upon, or in connection with
the said ditch shlall be done at such times and in such mwmer as not to
interfere with the operations of grantor, and Lhat all &uch jovk in
connection theroWith shall be done and made under the supervision and
.Vnft� AJOMalmowa+*wll-A*2 4Osomw **w&/
to the t atiafac pion of arantvr.
?6 This grant is eject and subordinate to the prior E"Ind
public =.its ay as oomon carrier,, and is allo subject to the right ;ETA pcaw
er of irantor and Its sure essors in interest or ovmershi,p of the said
railroad right of way to construet, maintain, use -: rnd operate can the
ten ices thereto, including -mater and ftel pipit lines arA conduits, aid
tele ra n, telephone I signal, pa.rer and anther eleettr a lines# and other
rail-j oad facilities �;nd structures of any kind, u -across any or
all parts of s.L id IwA bo re de�eribed, all or any of ahich m.y be
freely done at arW tip or times by grantor, or its Z" uc€aes•sor= . -,krlthout
liability to arantee or to anyone else for 040pensation or damagoe
go "Us irAtrument is subject to all valid > isUM c>enm*
ae. v M ^` 5['.Fi:• ...lp��1111 1111111111111
and. the afford ;S11,11�TO used herein 'hall not be constru4-�d as a covenant
9. The rights and privileges hereby ive � to 4r nt ee shall
lapse a9�d become void if not exercised wlttin one (1) year from the date
hereof* in the event ranntee shall at any time abandon the sw e of said
ditch, or wW part thereof, or fail at `;, time use the sa for fat
continuous period of one (l) year or shall fail to ,observe and1*rform
w covenant. on z;zY c i1t& i s part herein contained, all rights hereby given
; ha ll forthwith cease and determines
10* lftrteat ill fully pay for an satJo,�d or affixed
to said 1wemies and 1NV in full all pew *# pWfw4n labor upon sA"
Wenisas, and will not permit or :suffer a-`� aIS 31*X ►. er :atarial-
r enf s liens of any .farad or nature to be enforced amain t said premises
or request.
Ile Tn the event wW work upon or in catnection with stand
ditch or its appurtenances to be done upon, beneath or adjacent to the
NW
trao:io and property of-Irantor should be let to Contractor by qrantees
such work shall not be 'begin until such Contractor ah 11 h&Ve First
entered into an o,g-,r,,etaent ri.th rvantor, satiafa,c-.ory to ` `antor and
dWXdXyjjW Vantor from and 4gainst all claims, demwuis, cost,, boss,
da,-Ao and liability, gr*,Ang out of the per* o of the -oast, to be
done by -Duch Contractor r and. such Contractor s'i.-11 Ifurni,sh, at no expense
to (Wanton a good and auffi.cient reliable :surety Co,�iny bond in an
amomt, satioftetory to grantor, conditioned aeon the faithful performance
of all the terms, covenants, conditions and stipulations contained in
said &�Teement to be entered into Frith wantor by said Contractor, as hen
in thi.a paragraph provided; the I orm of said bond to be satisfaetory
to �rantxor a
; . ,s a Cher consideration of this grant, €alarantee agrees
to reimburse Grantor for any and all assessments ahi.ch. may * levied
tr order of wV authorized, lawW 'body against the property of Grantor
Which aW kiave been paid by artor) to defray sway -part of the :cyst
or expewinctuilred by Grantee in connection ,ri.th the construction, re-
construction �tnd/or maintename, of said d iUh .
:g '? ; W# the arti.e�s hereto hive caused use
cents to be executed in triplicate the day and year first r►oin written.
Ste `
M
on ac �Z Gail+ey
BY
mil' ,r►,al,► _Ss4+�s�►.rJI► ,
TaTUMISE aMM
r
L-3527-B
Approved as to form
by General Solicitor
July 27, 1938.
NOTARIAL ACKNOWLEDGMENT
SOUTHERN PACIFIC COMPANY
SOUTHERN PACIFIC RAILROAD COMPANY
STATE OF CALIFORNIA,
) SS.
CITY AND COUNTY OF SAN FRANCISCO. )
On this.. . _....-day of....-19 A "
before me,........__FRANKHARVEY-------------- a Notary Public,in and for
said City and County of San Francisco, State of California, ....
per—
sonally appeared_ ................
t. .H ....DYER ...............................known to me to be
the Vice President of SOUTHERN PACIFIC COMPANY, one of the cor—
porations that executed the within instrument, and known to me
to be the person who executed the within instrument on behalf of
Southern Pacific Company, and he acknowledged to me that such
corporation executed the same; and personally appeared
ROT-G=-_.LLCftAN� known to me to be the--
Vice President of SOUTHERN PACIFIC RAILROAD COMPANY, one of the
corporations that executed the within instrument, and known to me
to be the person who executed the within instrument on behalf of
Southern Pacific Railroad Company, and he acknowledged to me that
such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and af—
fixed my official seal, at my office, in the said City and County
of San Francisco, State of California, on the day and year in this
certificate first above written.
-- ----- �/
Nota-- y Public in and for the
City and County of San Francisco,
State of California.
vt-
STATM OF C.AJIVCHNIA
COMMY OF 3n' HAvito
Cm this day of
before w ;%►Alblic in
and for SAA ;.,
appeared C-4-1
o, x the Myor end Clark,, raspsctive4,s city
Bar mnicipal, corporation
U,.;. and known to me to be the persoma the
wIthin imUment cm behalf of tho City Of . and saab of
then F
affixed i officot in the said Countyof
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c ' v of San Mateo i _state of
ctilvernia.
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