HomeMy WebLinkAboutReso - CC - 038-1999RESOLUTION 38-1999
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING SALE TO BAY AREA RAPID TRANSIT DISTRICT (BART) OR ITS
DESIGNEE OF THE REAL PROPERTY IDENTIFIED AS ASSESSOR PARCEL
NUMBERS 025-164-010 AND 025-165-010 IN EXCHANGE FOR PAYMENT OF $1,000
AND OTHER CONSIDERATION AND APPROVING RIGHT OF WAY CONTRACT AND
FORM OF GRANT DEED
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, the Bay Area Rapid Transit District (BART) is pursuing an extension of its rail
line to the City of Millbrae, which would involve the construction of tailtracks within the City of
Burlingame; and
WHEREAS, BART and its designee, SamTrans, has to acquire certain right of way to
construct those tailtracks, which includes two small parcels of land owned by the City of Burlingame;
and
WHEREAS, SamTrans and BART have notified the City of Burlingame that they will use
the power of eminent domain and court litigation to acquire these two parcels; and
WHEREAS, the City does not endorse or approve the extension project or the tailtracks, the
EIR's or EIS's prepared for the project or the tailtracks, or any aspect of the project or the tailtracks
except as expressly compelled pursuant to the negotiated memoranda of understanding, executed
deeds, and executed right of way contracts that are approved concurrently with this Resolution; and
WHEREAS, after negotiation, BART and the City of Burlingame are prepared to enter into
a series of memoranda and contracts that will provide compensation to the City for the removal of
trees, implementation of a landscape barrier along the rail line, as well as a nominal payment for the
two parcels of land described above; and
WHEREAS, this consideration appears adequate for the parcels being conveyed and is a fair
settlement of the property issues involved in this sale as well as other property issues dealt with in
concurrent memoranda of understandings and resolutions; and
WHEREAS, this exchange will eliminate the need for costly litigation while providing some
benefit to the community; and
WHEREAS, this compelled action is consistent with the City's general plan and is further
compelled under the California Environmental Quality Act as the City is only a responsible agency
subject to the BART EHZ/EIS,
NOW, THEREFORE, IT IS ORDERED:
1. The City Manager is authorized to execute the right of way contract contained in Exhibit A
hereto by and behalf of the City of Burlingame.
2. The City Manager is further authorized to execute the grant deed generally in the form
contained in Exhibit B hereto by and on behalf of the City of Burlingame.
3. The City Clerk is directed to attest to the signature of the Manager.
4. The delivery of the right of way contact and the grant deed is expressly conditioned on the
execution and delivery of the following by BART or its designee:
A. Technical MOU approved by concurrent resolution of the Council.
B. Landscaping and Tree Replacement MOU approved by concurrent resolution of the
Council.
C. Payment by SamTrans of $1,000 pursuant to the right-of-way contract.
D. Payment of $116,100 by SamTrans or BART as provided in the Landscaping and Tree
Replacement MOU.
'MAYOR
I, JUDITH A. MALFATTI, 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 the -3 —rd
day of MAY 11999, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: GALLIGAN, JANNEY, O'MAHONY, SPINELLI
NOES: COUNCILMEMBERS: KNIGHT
ABSENT: COUNCILMEMBERS: NONE
CITY CLERK
2
BAY AREA RAPID TRANSIT DISTRICT/SAMTRANS
RIGHT OF WAY CONTRACT
California
,1999
The City of Burlingame
SFO EXTENSION PROJECT - BART/SAMTRANS
Grant Deed
Grantor No. D-3712 (D-3714)
Right of Way Contract
The San Francisco Bay Area Rapid Transit District ("BART") and the San Mateo County Transit District
("SamTrans") are working cooperatively to construct the BART / San Francisco International Airport
Extension Project ("the Project"). In accordance with the Comprehensive Agreement Pertaining to BART
System Extension executed between the agencies on March 1, 1990, SamTrans is purchasing and holding title
to certain property required for the project.
Document No. D-3712 (D-3714) in the form of a Grant Deed, covering the property particularly described in
the above instrument has been executed and delivered to Brian W. Fitzpatrick, Senior Real Estate Officer for
BART acting on behalf of SamTrans.
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:
1. (A) The parties have herein set forth the whole of their agreement. The performance of this agreement
constitutes the entire consideration for said document and shall relieve SamTrans of all further
obligation or claims on this account.
(B) Grantee requires said property described in Document No. D-3712 (D-3714) for public transit
facility purposes, a public use for which Grantee has the authority to exercise the power of eminent
domain. Grantor(s) is compelled to sell, and Grantee is compelled to acquire the property.
Both Grantor(s) and Grantee recognize the expense, time, effort, and risk to both parties in
determining the compensation for the property by eminent domain litigation. The compensation set
forth herein for the property is in compromise and settlement, in lieu of such litigation.
2. SAMTRANS shall:
(A) Pay the undersigned grantor(s) the sum of $1000.00 for the property or interest conveyed by above
document(s) when title to said property vests in SamTrans subject to all liens, encumbrances,
assessments, easements and leases (recorded and/or unrecorded) and taxes.
(B) In consideration of SamTrans' waiving the defects and imperfections on all matters of record title,
the undersigned Grantor covenants and agrees to indemnify and hold SaroTrans harmless from any
and all claims that other parties may make or assert on the title to the premises. The Grantors
obligation to indemnify SamTrans shall not exceed the amount to paid to the Grantor under this
contract.
(C) Pay all escrow and recording fees incurred in this transaction and, if title insurance is desired by
SamTrans, the premium charged therefor. Said escrow and recording charges shall not, however,
include documentary transfer tax.
RIGHT OF WAY CONTRACT (Cont.) BART RW N3, Page 2 of 2
3. Concurrently with the execution of this Right of Way Contract, BART and the Grantor are entering into a
Technical Memorandum of Understanding (the Technical MOU) and a Memorandum of Understanding
Regarding Landscaping and Tree Replacement (the Tree MOU). This Right of Way Contract shall not be
effective without the execution by BART and Grantor and delivery, under legal authority, of the technical
MOU and the Tree MOU.
4. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the
right of possession and use of the subject property by SamTrans, including the right to remove and
dispose of improvements, shall commence on February 1, 1999 or the close of escrow controlling this
transaction, whichever occurs first, and that the amount shown in Clause 2(A) herein includes, but is not
limited to, full payment for such possession and use, including damages, if any, from said date.
5. The acquisition price of the property being acquired in this transaction reflects the fair -market value of the
property without the presence of contamination. If the property being acquired is found to be
contaminated by the presence of hazardous materials which require mitigation under Federal or state law,
SamTrans may elect to recover its cleanup costs from those who caused or contributed to the
contamination
6. This transaction will be handled through an internal escrow by BART, 979 Broadway Millbrae, CA 94030.
BAY AREA RAPID TRANSIT DISTRICT/SANITRANS BART Acq. RW Form #5
CONTRACT SIGNATURE SHEET
In Witness Whereof, the Parties have executed this agreement the day and year first above written.
It's
Date
Date
Recommended for Approval:
BAY AREA RAPID TRANSIT DISTRICT
05
A
Brian W. Fitzpatrick
Sr. Real Estate Officer
Fred D. Arnold
Manager of Property Acquisition
San Mateo County Transit District
Gerald Haugh
General Manager
No Obligation Other Than Those Set Forth Herein Will Be Recognized
APR. 12.1999 9:20AM BART SFO REAL ESTATE 650 6898309
WHEN RBCORDED RETURN TO:
San Francisco Bay Area Rapid Transit District
979 Broadway Avenue
Millbrae, CA 94030-1912
Attention: Paul Lamoreaux
San Mateo County Transit District
1250 San Carlos Avenue
San Carlos, CA 94070-1306
Attention: Gerald T. Haugh
The undersigned grantee hereby declares this instrument
to be exempt from Recording Fees (Govt. Code §27383)
and Documentary Transfer Tax (Revenue and Taxation
Code §11922).
Documentary Transfer Tax: None - Excrupt pursuant to
Government Code§61o3,
GRANT DEED
W, Station:
M.P.
NO. 4314 P. 4 -
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged,
does hereby GRANT, TRANSFER
and CONVEY to the SAN MATEO COUNTY TRANSIT DISTRICT, a public agency, all
that real property situate in the County of San Mateo, State of California, described herein as
PARCEL 1, including but not limited to (a) all of Grantor's interest, if any, in and to the
improvements in said real property and (b) all appurtenances thereto; said parcel(s) being more
particularly described as follows:
PARCEL 1: SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT PARCEL
# D- as described in attachment incorporated by reference hereto.
DATED this day of 11999
Signed and delivered in the presence of
M
JAMES E. CACCIA
l:\plamore\deeds l \template\grant deed.
BART SFO Airport Extension April 13, 1999
BKF Project No. 940060.50
PROPERTY DESCRIPTION
SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
PARCEL D-3712-1
Being all that real property situate in the City of Burlingame, County of San Mateo,
State of California and described as follows:
BEING a portion of a 10 foot wide public utility easement, as said easement is shown
along the southwesterly portion of Lot 2, Block 1 of that certain map entitled "UNIT NO.
1 MILLSDALE INDUSTRIAL PARK", filed on August 16, 1954 in Book 39 of Maps at
pages 49 and 50, in the Office of the Recorder of San Mateo County, State of
California, more particularly described as follows:
BEGINNING at the intersection of the northeasterly line of said 10 foot wide public utility
easement with the northerly line of the lands described as Parcel No. 12 in the deed to
Southern Pacific Company, recorded on February 16, 1956 in Book 2970 of Official
Records at page 199, in the Office of the Recorder of San Mateo County, and being the
TRUE POINT OF BEGINNING of this description;
THENCE along said northerly line of Parcel No. 12, North 690 12'34" West, 55.20 feet
to a point on the southwesterly line of said 10 foot wide public utility easement, said
point being on the arc of a non -tangent curve, concave northeasterly, having a radius of
2728.40 feet, from which point a radial line bears North 310 47' 50" East;
THENCE leaving said northerly line, northwesterly along said curve and along said
southwesterly line, through a central angle of 020 26' 03", for an arc length of 115.91
feet to a point on the southeasterly line of a 50 foot drainage right of way, as shown on
said map;
THENCE leaving said southwesterly line, along said southeasterly line, North 42' 00'
53" East, 10.09 feet to a point on the said northeasterly line of the 10 foot wide public
utility easement, said point being on the arc of a curve, concentric to last said curve,
having a radius of 2718.40 feet, from which point a radial line bears North 34° 12' 09"
East;
THENCE leaving said southeasterly line, along said northeasterly line, southeasterly
along said curve through a central angle of 030 32' 51 ", for an arc length of 168.31 feet
to the TRUE POINT OF BEGINNING of this description.
Page 1 of 2
Containing an area of 1,416 square feet, more or less.
NOTE: Bearings and distances described herein are based on the California
Coordinate System Zone 3, NAD 83. Multiply herein described distances by 1.0000706
to obtain ground level distances.
Subject to special assessments, if any, restrictions, reservations, easements and other
matters of record.
Together with the underlying fee interest, if any, appurtenant to the above described
parcel in and to any adjoining streets, alleys, public ways or railroad rights-of-way.
This description was prepared by me or under my direction in conformance with the
Land Surveyor's Act.
LAND SO
Davis R. Thresh, P.L.S. 6868
License expires: 09-30-2000 �<
DAVIS THRESH
Dated: /3 - 9°f EXP. 9/30/00
\nJ No. 6868
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BART SFO Airport Extension April 13, 1999
BKF Project No. 940060.50
PROPERTY DESCRIPTION
SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
PARCEL D-3714-1
Being all that real property situate in the City of Burlingame, County of San Mateo,
State of California and described as follows:
BEING a portion of a 10 foot wide public utility easement, as said easement is shown
along the southwesterly portion of Lot 3, Block 1 of that certain map entitled "UNIT NO.
1 MILLSDALE INDUSTRIAL PARK", filed on August 16, 1954 in Book 39 of Maps at
pages 49 and 50, in the Office of the Recorder of San Mateo County, State of
California, more particularly described as follows:
BEGINNING at the intersection of the southwesterly line of said 10 foot wide public
utility easement with the southerly line of the lands described as Parcel No. 12 in the
deed to Southern Pacific Company, recorded on February 16, 1956 in Book 2970 of
Official Records at page 199, in the Office of the Recorder of San Mateo County, and
being the TRUE POINT OF BEGINNING of this description;
THENCE along said southerly line of Parcel No. 12, South 690 12'34" East, 69.98 feet
to a point on the northeasterly line of said 10 foot wide public utility easement;
THENCE leaving said southerly line, along said northeasterly line, South 610 02' 18"
East, 394.76 feet to a point on the southeasterly line of said Lot 3;
THENCE leaving said northeasterly line, along said southeasterly line, South 370 43'
47" West, 10.12 feet to a point on the said southwesterly line of said 10 foot wide
public utility easement, said line also being the northeasterly line of a 25 foot wide
planting strip as shown on said map;
THENCE leaving said southeasterly line, along last said lines, the following two (2)
courses:
1) North 61° 02' 18" West, 445.32 feet to the beginning of a cure to the right
having a radius of 2728.40 feet;
2) along said cure through a central angle of 000 21'37", for an arc length of 17.16
feet to the TRUE POINT OF BEGINNING of this description.
Page 1 of 2
Containing an area of 4,288 square feet, more or less.
NOTE: Bearings and distances described herein are based on the California
Coordinate System Zone 3, NAD 83. Multiply herein described distances by 1.0000706
to obtain ground level distances.
Subject to special assessments, if any, restrictions, reservations, easements and other
matters of record.
Together with the underlying fee interest, if any, appurtenant to the above described
parcel in and to any adjoining streets, alleys, public ways or railroad rights-of-way.
This description was prepared by me or under my direction in conformance with the
Land Surveyor's Act.
�p LAND S.
Davis R. Thresh, P.L.S. 6868 DAVISTHRESH
License expires: 09-30-2000 * EXP. 9/30/00
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Dated: No. 6868
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BART SFO Airport Extension
BKF Project No. 940060.50
April 13, 1999
PROPERTY DESCRIPTION
SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
PARCEL D-3709-1
Being all that real property situate in the City of Burlingame, County of San Mateo,
State of California and described as follows:
BEING a portion of a 25 foot wide planting strip, as said planting strip is shown along
the southwesterly portion of that certain map entitled "UNIT NO. 1 MILLSDALE
INDUSTRIAL PARK", filed on August 16, 1954 in Book 39 of Maps at pages 49 and 50,
and a portion of the planting strip and drainage right of way, as said planting strip and
drainage right of way are shown along the southwesterly portion of that certain map
entitled "UNIT NO. 5 MILLSDALE INDUSTRIAL PARK", filed on May 18, 1955 in Book
42 of Maps at pages 21, 22 and 23, in the Office of the Recorder of San Mateo County,
State of California, more particularly described as follows:
BEGINNING at the intersection of the northeasterly line of the lands described in the
deed to Peninsula Corridor Joint Powers Board, recorded on December 27, 1991 as
Document No. 91171427, in the Office of the Recorder of San Mateo County with the
southerly line of the lands described as Parcel No. 12 in the deed to Southern Pacific
Company, recorded on February 16, 1956 in Book 2970 of Official Records at page
199, in the Office of the Recorder of San Mateo County, said point being the TRUE
POINT OF BEGINNING of this description;
THENCE along said southerly line of Parcel No. 12, South 690 12' 34" East, 143.75
feet to a point on the northeasterly line of said 25 foot wide planting strip, said line being
concentric to and distant 25.00 feet northeasterly, from the said northeasterly line of the
lands of Peninsula Corridor Joint Powers Board, said point being on the arc of a non -
tangent curve, concave northeasterly, having a radius of 2728.40 feet, from which point
a radial line bears North 29° 19' 19" East;
THENCE along said northeasterly line of said planting strip and along said parallel line,
the following two (2) courses:
1) southeasterly along said curve, through a central angle of 000 21' 37", for an arc
length of 17.16 feet;
2) South 610 02' 18" East, 633.83 feet;
THENCE leaving last said line, South 280 57' 42" West, 25.00 feet to a point on said
northeasterly line of the lands of Peninsula Corridor Joint Powers Board;
Page 1 of 2
THENCE along said northeasterly line the following two (2) courses:
1) North 610 02' 18" West, 633.83 feet to the beginning of a curve to the right,
having a radius of 2753.40 feet;
2) along said curve through a central angle of 03° 19' 12", for an arc length of
159.55 feet to the TRUE POINT OF BEGINNING of this description.
Containing an area of 18,140 square feet, more or less.
NOTE: Bearings and distances described herein are based on the California
Coordinate System Zone 3, NAD 83. Multiply herein described distances by 1.0000706
to obtain ground level distances.
Subject to special assessments, if any, restrictions, reservations, easements and other
matters of record.
Together with the underlying fee interest, if any, appurtenant to the above described
parcel in and to any adjoining streets, alleys, public ways or railroad rights-of-way.
This description was prepared by me or under my direction in conformance with the
Land Surveyor's Act.
Davis R. Thresh, P.L.S. 6868
License expires: 09-30-2000
Dated: 4` 15 - 9 ,
k:\Sur94\9400601appmapUegals\1)3709-1.Igl
LANG
DAVIS THRESH Ci
EXP. 9/30/()o
No. 6868 a 6
Page 2 of 2
Lot name: D-3709-1
North: 2044874.067
East: 6016622.773
Line Course:
S 69-12-34 E
Length: 143.75
North:
2044823.043
East:
6016757.162
Curve Length:
17.16
Radius:
2728.40
Delta:
0-21-37
Tangent:
8.58
Chord:
17.16
Course:
S 60-51-29 E
Course In:
N 29-19-19 E
Course Out:
S 28-57-42 W
RP North:
2047201.885
East:
6018093.305
End North:
2044814.688
East:
6016772.147
Line Course:
S 61-02-18 E
Length: 633.83
North:
2044507.772
East:
6017326.713
Line Course:
S 28-57-42 W
Length: 25.00
North:
2044485.899
East:
6017314.607
Line Course:
N 61-02-18 W
Length: 633.83
North:
2044792.814
East:
6016760.041
Curve Length:
159.55
Radius:
2753.40
Delta:
3-19-12
Tangent:
79.79
Chord:
159.52
Course:
N 59-22-42 W
Course In:
N 28-57-42 E
Course Out:
S 32-16-54 W
RP North:
2047201.885
East:
6018093.305
End North:
2044874.070
East:
6016622.764
Perimeter: 1613.12 Area: 18,140 sq.ft. 0.42 acres
�. .apcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.010 Course: N 70-48-48 W
Error North: 0.0032 East: -0.0091
Precision 1: 167,404.47