Loading...
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 k:\Sur94\940060\appmap\Legals\D3712-i.lgl n Page 2 of 2 zc*♦L MILL cs/rNso Mtva 1 I I I j m Y I I o z I Q zz M Ot < H (n F°i I to "c�- - -- < z °i Q cu _ __.JP rn �JK n I M N ptn UO 1 W MM I K N I - Z -0VaZ O Waco N O �1- 2 c v o I � O N) a N n r N I Q II 00 p Q to ~ ¢4 NO cl- ' . I 1 ' I f I I I I w 00pMZ W I- 1 Oz . I m �~ rn o0 I i z I 5z ' a z o� oho 1 I W WI U UJ O Q � pm 0z sN I I I �Q II LU 7 * = Z�� K H O \ Q to p I U N ---- } Z N o ti o V) I �I CO 0. ro z N m 6 I cc) K to I fn = Zp µ! 1 IIL� LlI z ¢ZW t�G I F= tam Z� Ci 111 I (,1 p LU ti Wp>K ;O <O Z pNZ z Z 0 0 § in Qom' n aotnaW �M7 M, Iotjo<� m N QRZ xL iW <JW rn \ 1 to 3paJ WW a5 UjK�7 +Zz LLI N O 3 0� z R N 0 W 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 Q Dated: No. 6868 Q" i�j ' �� ��9 rF OF C AL\E�� kAsui94\940060\Appmap\Iegals\ D3714-1.lgl Page 2 of 2 » ! � � yf�-- & \�/\ CC §k R\�\ E e=u2 00LLI 2_ i± \ //ofbbd e ,ee�0 S�§)= §(§E3. mK� U') \ ®/\ U 2� C,/9 , § 0 2=Q 3k®\ % e5m2 k \ _ cu -00 ( \ \ _e _ _a «vld\ _.\kmans\ ._d 7T / \ CC §k ` E . UJM X00 V) / ( e c S�§)= §(§E3. / § §^\A m< §� U 0 N 8 s cq \Kd§j§ k \ _ cu -00 }\ / (I[a e INN F: 4 A \Q 2§ % (\ � x §k ` E zM8 Ix UJM X00 V) ( e % S�§)= §(§E3. § §^\A m< §� 0 N 8 s \Kd§j§ k 2)}§ cu -00 }\ / (I[a e INN F: 4 A \Q 2§ % (\ � � 22�/ b D . ----- V) z =� Y. }2 * \ fe« °IW - o y � x / / 00 x£ � Q� x §k ` zM8 Ix UJM X00 V) ( e q S�§)= §(§E3. § §^\A m< §� ��\27\ N 8 s \Kd§j§ k 2)}§ \ -00 (I[a INN \Q 2§ % ~ 22�/ D . ----- V) z =� Y. <2m a ■{/ �§/ / zM8 Ix ° V) ( <§® q S�§)= §(§E3. § §^\A _ � ��\27\ N »k 2-- \Kd§j§ k 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