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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 �5 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 y !11 11111121111 PIT'. Y +.. .. 4 r w. t 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 $ram 3.. . g .:' L ♦ � ;:.. iyR � -'_: � .. R :.� _ *_ �.. 4. R :„ > All "t certain piece or pof land situate lyirw ,and being in the city of Burlingame , County of C �a ev, to of Ca ifornia, particularly described as -rol ;.o s W, TT " 1IM at the point of intersection of the southerly line of the 1-southern Pacific nailroad Company's right of way as acquired arA described secondly in that deed dated 8sune 1, IW2# from ,�nsel m* and i.,t ise Eton to southern :nacific aailroad Company, recorded July 199 19122 in. Volume 47, at page 770 Cffici.al necords, .Records of San Mateo County, 11th the southerly boundary line of that certain tract of land shown on map entitled aston kddi.tion to Burlingames recorded in Bout IT", pa a 51 of original Maps, records of San Mateo County; thence along said southerly right of Ymy line JTorth G21*301 est, 26,20 .feet and Barth 60,147, `'set, 6 .45 feet to the point of beginning of the parcel of land Io be described thence North. 600471 ;hest, alb said line of right of -FArV 308#0 feet& thence T!orth 62030, Nest, along said line of right of ;bray 24-0. i feet, thence jxorth 36a4b# 2"t, 41.54 feet; thence :3*uth 62030: zas 16R54 feet; ttwmo southerly on the are of a curve concave to the left having, a radius of lGoO feet for an are distance of 25.13 .feet (ta L/,ent to cove at its point of be inni.n, bears south 27,P+ :feet►)j tb�aMo tt to curve at its point of endi,n , �ou.th 6201 ast, �i01*19 feet; thence Nadu *47t rant R37 feet; thence South 29013t �gast, 25*0 feet to the point of beginning and containing an area of 4.322 acres, more or less. This ,grant is made, executed and delivered by arantor to the Grantee upon the folloaing express terms and conditions, to all of which *,J.w I 1111111111111 111911111111111 ril IIIIII-11111 M 491.111 1 41M.TIM M4 _7M., = r7 -. "I'll _III to the property ebove described, and agree$ 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 a OIJAM 'IF illill , r x 'A"11a gpipy P 0 MITC11-7--n-7171,177, r 7 c ' v of San Mateo i _state of ctilvernia. i I I N I c Ii r P I III -� Iw c N Q! /III, •3NV I'd ,-1!MYw jII c0 �� r I vl w O OL = 3 AV ° 23HJNVS m Q n O V' O i f h a to J I J NI I Im z w I C � Ci w t 0 j — to y V O O a LL o 1 10 } T I L 11 �1 - CD 0 LO 0 w E u �' a ro N C O�- aL o o 2 m i