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HomeMy WebLinkAboutReso - CC - 002-1939RESOLUTION ACCEPTING EASEMENT FROM THE STANDARD OIL COMPANY -I- RESOLVED by the City Council of the City of Burlingame that the easement of a portion of Lot 9 D, Block 1, Town of Bur- lingame Subdivision, be and hereby is accepted by an on behalf of said City. I HEREBY CERTIFY that the foregoing resolution was passed this 20th day of February , 1939, by the following vote: AYES, Councilmen:_ R„nk. - Hunt - McDonald - Ward NOES, Councilmen: None ABSENT, Councilmen: Hives ATTEST: fC City Clerk. Mayor. I FilfO in the of& �t the ititr oR t1Ys dlt rlt�gnrr 1 ay (This ( t:9 Of llnrlinpmr SAN MATEO COUNTY CALIFORNIA February 6, 1939. The Honorable City Council Burlingame, California. Gentlemen: Please be advised that the Standard Oil Company of California has tendered to the City of 3urlingame, an easement for the purpose of widening the intersection at Burlingame Avenue and F1 Camino real. The City to defray the costs of the improvements. This improvement will provide fifteen feet additional width at the entrance to Burlingame Avenue from E1 Camino ijeal, eliminating a sharp turn for traffic from the south entering Burliii,game Avenue . It is hereby recommended that your honorable Body officiallyaccept the above mentioned easement on this date. Respectfully submitted. C. L. Longson Supt of Public orks p- City of BurlLigame. 4. `of th, 01 oT the K` k. Muluxa , city (:fall[ i .C. B. ROGERS DIVISION MANAGER F. N. NEITZEL ASSISTANT DIVISION MANAGER 200 BUSH STREET SAx FRAxaisao, CAL. January 24, 1939 City of Burlingame San Mateo County California Attention: Mr. C. L. Lonason Gentlemen: Referring to the matter of an easement in connection with the property owned by the Standard Oil Company of California at the Northeasterly corner of Burlingame Avenue and El Camino Real,Burlingame, California: I`de are attaching an easement for public street and high- way purposes upon the portion of property owned by the Standard Oil Company of California at the intersecton in question. Said property so affected is more particularly described in said agreement. This easement is tendered to the City of Burlingame under t.e following conditions: (a) That the City of Burlingame will not permit any poles, hydrants, curbs or any obstacles or obstruction to be placed hereunder, alongside or upon the property described in said easement that would interfere in any way with ingress to or egress from the abutting property. (b) In the event the City of Burlingame should abandon this easement, it shall immediately cease without any notice. (c) In the event the City of Burlingame shall conclude to condemn the property described in the easement, the easement shall immediately cease and the property shall be in the same position as prior to the date of the easement. (d) This easement is granted for the sole purpose of maintaining a public street or highway and should the property* in question at any time be used for any other purpose, the easement shall immediately be- come null and void. `, L. City of Burlingame -2- January 24, 1959 (e) The City of Burlingame at its own cost and responsibility will remove the tree on E1 Camino Real, nearest to the intersection of that street and Burlingame Avenue. (f) We shall be permitted to remove at our own cost the third tree on E1 Camino Real from the intersection of that street with Burlingame Ave. (g) That the City of Burlingame will bear all cost incidental to the street widening in question, including the re-establishing of the curb line, new sidewalks, reconstruction of the approach to the station, to- gether with all other expense in connection with the use of this pro- perty for street or highway purposes. (h) That the corner covered by this easement will be utilized for street purposes within one year from date and if it is not done, this easement will become null and void. If the City of Burlingame is agreeable to accepting the ease- ment under the conditions as stipulated above, will you please sign and date the attached copy of this letter in the space provided below. MA . Easement referred to accepted under all of the terms and con- ditions herein above set forth: CITY OF BURLINGAVE By: RESOLVED: That W. M. Perkins and W. G. Watson, or either of them, be and they hereby are authorized to enter into, on behalf of this corporation, agency agreements for the sale of the products manufactured and dealt in by this corporation, and agreements for the lease and/or sub -lease of properties used for, or to be used for, service station purposes or dealers' sales units, or such properties or units as may be used for retail sales by dealers of petroleum products, and for the modification, suspension, extension or cancelation of such agreements; and further to enter into leases, sales agreements and/or conditional sales agreements covering facilities to be used in connection with service station properties and/or dealers' sales units, and to execute conveyances and other instruments in connection therewith. I, G. M. Foster , Assistant Secretary of STANDARD OIL COMPANY OF CALIFORNIA, a Delaware corporation, do hereby certify that the foregoing is a full, true and correct copy of a certain resolution of the Board of Directors of said corporation unanimously adopted at a regular meeting of said Board duly held at the office of said corporation in San Francisco, California, on the loth day of March, 1938, at 11:00 o'clock A. M., at which meeting a quorum of said Board was present and acting, and that said resolution is in full force and unrevoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said corporation this 26th day of Mayo 1938. A siatant Secretary THIS INDENTURE, dated the 17th day of November A.D. Nineteen Hundred and Thirty-eight (1938), by and bet.veen STY"N:)1:RD OIL COMPANY OF CALIFORNIA, a Delaware Corporation, the party of the first part, and the CITY OF BURLINGAME, a municipal corporation, party of the second pert. W I T N E S S E T H: That the said party of the first part, for and in consideration of the sum of One Dollar ('1.00) lawful money of the United States of America, paid by the party of the second Dart to the party of the first Dart, receipt whereof is hereby acknowledged, does hereby grant unto said party of the second part, subject to the conditions hereinafter contained, an easement for public street and highway purposes in, under, along and upon that certain piece or parcel of land situated in the City of Burlingame, County of San Mateo, State of California, and particularly described as follows, to -wit: Beginning at a point in the northeasterly line of E1 Camino Real in the City of Burlingame, San Mateo County, California, distant southeasterly thereon 31.446 feet from the intersec- tion thereof with the southeasterly line of 3urlingame Avenue in said City; THENCE northwesterly and northerly, by a curve tangent to the said northeasterly line of El Camino Real at said point of beginning and whose radius is 18 feet, a dis- tance of 77.833 feet too point on said southeasterly line of Burlingame :avenue, distant thereon 71.466 feet from said inter- w,.n.e[.+.. oo"ea; THENCE southwesterly along said southeasterly line of Eurlingame :_venue"El.446 feet; THENCE southeasterly along said northeasterly line of El Camino Real 31.443 feet to the point of beginning. Containing 225.5 sq. ft. The aforementioned easement is granted subject to the following conditions, to -writ: 1. The narty of the second part will not permit any poles, hydrants, curbs or other obstacle or obstruction to be placed in, under, along or upon the nroperty hereinabove described that would interfere in any way with the ingress or egress to ,and from the abutting property. 2. In the event that the party of the second part should abandon such easement hereinabove described, the same shall immediately cease without notice on the party of the first pert. I 8. That in the event the party of the second part shall hereafter conclude to condemn the above described property, or any part thereof, then such easement shall immediately cease, and the parties hereto shall be in the same position as they were prior to the date hereof. TO HAVE AND TO HOLD unto the said party of the second part for the sole object and purpose of maintaining therein a public street or highway and for no other purpose; and should said real property herein described be at any time used for any other purpose by said party of the second part than for the purpose herein mentioned, then this grant shall immediately lapse and be- come null and void and said grant shall immediately revert to said party of the first part, its successors and assigns. IN WITNESS WHEREOF, the party of the first part has caused its corporate name to be hereunto subscribed by its Attorney -in -fact thereunto duly authorized. STANDARD OIL COMPANY OF CALIFORNIA By. AAL"2a�t �- State of California se City and County of San Francisco ) Ceeember On this L day Of , in the year before me, Frank L. Owen, a Notary Public in and for said City and County and State, personally appeared W, G. Watson, known to me to be the person whose name is subscribed to the within instrument as attorney in fact of Standard Oil Company of California, a corporation, and acknowledged to me that he subscribed the mane of said corporation thereto as principal, and his own name as attorney in fact, (-4,.4v. Notary Public in and for the City and County of San Francisco, State of California, My commission expires Nov. 22, tsil