HomeMy WebLinkAboutReso - CC - 039-1999RESOLUTION 39-1999
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING SALE TO BAY AREA RAPID TRANSIT DISTRICT (BART) OR ITS
DESIGNEE OF THE 25 -FOOT TREE PLANTING EASEMENT AND DRAINAGE
EASEMENT BETWEEN THE CITY OF MILLBRAE CITY LIMITS AND
APPROXIMATELY DUFFERIN AVENUE LOCATED ON THE WEST SIDE OF THE
MILLSDALE INDUSTRIAL ESTATE, RESERVING EASEMENTS FOR CITY
DRAINAGE NEEDS, PURSUANT TO A QUITCLAIM 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 a portion of a 25 -foot wide easement owned by the City of
Burlingame for tree planting and drainage purposes; and
WHEREAS, BART has told the City of Burlingame that it will use the power of eminent
domain and court litigation to acquire this easement; 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, and reserve appropriate drainage
easements for City purposes; and
WHEREAS, this consideration appears adequate for the easement 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 EIR/EIS,
NOW, THEREFORE, IT IS ORDERED:
1. The City Manager is authorized to execute the quitclaim deed generally in the form
contained in Exhibit A hereto by and behalf of the City of Burlingame so long as the quitclaim deed
deeds only the two parcels described in attached property descriptions and reserves to the City the
necessary drainage and utility easements deemed necessary by the City Director of Public Works and
approved as to form by the City Attorney.
2. The City Clerk is directed to attest to the signature of the Manager.
3. The delivery of the quitclaim 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. Right of Way Contract for Assessor Parcel Numbers 025-164-010 and 025-165-010 and
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:
GALL I GAN, JANNEY, O'MAHONY, SP I NELL I
NOES: COUNCILMEMBERS:
KNIGHT
ABSENT: COUNCILMEMBERS:
NONE
2"
CITY CLERK
C:\WP51\FIILES\BARnquitclaim.res.wpd
2
WHEN RECORDED 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
ABOVE THIS LINE FOR RECORDER'S USE
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 - Exempt pursuant to
Government Code §6103.
Wz Station: _
M.P.
QUITCLAIM DEED
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, does hereby REMISE, RELEASE
and FOREVER QUITCLAIM to the SAN MATEO COUNTY TRANSIT DISTRICT, a
public agency, all right, title and interest in and to that real property situate in the County of San
Mateo, State of California, described herein as PARCEL 1 through PARCEL 3 inclusive,
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.
PARCEL 2: SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT PARCEL
# D- as described in attachment incorporated by reference hereto.
PARCEL 1: SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT PARCEL
#D- as described in attachment incorporated by reference hereto.
1:\plamore\deeds I \template\quitclaim
D-
WZ Station:
M.P.
Page 2 of 2
DATED this day of '1999
Signed and delivered in the presence of
I- _
BART SFO Airport Extension
BKF Project No. 940060.50
April 13, 1999
PROPERTY DESCRIPTION
SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
PARCEL D-3707-1 D
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 Lot 1 and Lot 2 in Block 1, as said lot and block are shown on 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 most westerly corner of said Lot 1, said corner also being on the
southwesterly line of a 25' wide planting strip as shown on said map, said line also
being 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 and being the TRUE POINT OF
BEGINNING of this description;
THENCE along the northwesterly line of said Lot 1, North 540 25' 23" East, 74.47 feet
to a point on the southwesterly line of the lands described as Parcel No. 2 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 line also
being the northeasterly line of a 50' wide drainage right of way as shown on said map,
said point being on the arc of a non -tangent curve, concave southwesterly, having a
radius of 511.04 feet, from which point a radial line bears South 490 27'38" West;
THENCE leaving said northwesterly line of Lot 1, along said southwesterly and
northeasterly lines, the following two (2) courses:
1) southeasterly along said curve through a central angle of 02° 43' 28", for an arc
length of 24.30 feet;
2) South 370 48'.54" East, 25.82 feet;
THENCE leaving last said lines, South 520 04' 07" West, 50.00 feet to a point on the
northeasterly line of said 25' wide planting strip, said line also being the southwesterly
line of said 50' wide drainage right of way;
Page 1 of 3
THENCE along said northeasterly and southwesterly lines, the following two (2)
courses:
1) South 37° 48' 54" East, 95.26 feet to the beginning of a curve to the left, having
a radius of 2728.40 feet;
2) along said curve through a central angle of 170 10' 57", for an arc length of
818.22 feet;
THENCE leaving last said lines, North 350 01' 10" East, 50.00 feet to a point on the said
northeasterly line of the 50' wide drainage right of way, said line also being the
southwesterly line of said Parcel No. 2, said point being on the arc of a non -tangent
curve, concave northeasterly, having a radius of 2678.40 feet, from which point a radial
line bears North 350 00'08" East;
THENCE along said northeasterly and southwesterly lines, southeasterly along said
curve, through a central angle of 000 55' 02", for an arc length of 42.88 feet to the most
easterly corner of said drainage right of way;
THENCE leaving last said lines, along the southeasterly line of said drainage right of
way, South 42° 00' 53" West, 50.47 feet to the most westerly comer of the lands
described in the Accepting Grant Deed by the City of Burlingame, recorded on March
23, 1967 in Book 5284 of Official Records at page 548, in the Office of the Recorder of
San Mateo County, said point also being on the said northeasterly line of 25' wide
planting strip, 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 340 13' 53"
East;
THENCE leaving said southeasterly line, along the southwesterly line of said lands of
the City of Burlingame and along said northeasterly line, southeasterly along said curve,
through a central angle of 020 26' 03", for an arc length of 115.91 feet to a point on the
northeasterly line of Parcel No. 12 as said parcel is described 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;
THENCE leaving said southwesterly and northeasterly lines, along said northeasterly
line of Parcel No. 12, the following two (2) courses:
1) North 690 12' 34" West, 72.73 feet to the beginning of a curve to the right having
a radius of 372.21 feet;
2) along said curve through a central angle of 140 26' 12", for an arc length of 93.78
feet to the beginning of a compound curve, having a radius of 2753.40 feet, said
curve being on the said northeasterly line of the lands described in the deed to
Peninsula Corridor Joint Powers Board, said line also being the said
Page 2 of 3
southwesterly line of 25' wide planting strip;
THENCE leaving said northeasterly line of Parcel No. 12, along last said northeasterly
and southwesterly lines, the following two (2) courses:
1) along said compound curve, through a central angle of 160 57' 28", for an arc
length of 814.92 feet
2) North 370 48'54" West, 148.38 feet to the TRUE POINT OF BEGINNING of this
description.
Containing an area of 31,036 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:
k:\sur94\940060\appmapVagals\D3707-1 d.doc
LAND
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Page 3 of 3
Lot name: D -3707-1D
North: 2045630.960
Line Course: N 54-25-23 E
North: 2045674.287
Curve Length: 24.30
Delta: 2-43-28
Chord: 24.30
Course In: S 49-27-38 W
RP North: 2045342.125
End North: 2045655.451
Line Course: S 37-48-54 E
North: 2045635.053
Line Course: S 52-04-07 W
North: 2045604.316
Line Course: S 37-48-54 E
North: 2045529.062
Curve Length: 818.22
Delta: 17-10-57
Chord: 815.17
Course In: N 52-11-06 E
RP North: 2047201.882
End North: 2044966.976
Line Course: N 35-01-10 E
North: 2045007.924
Curve Length: 42.88
Delta: 0-55-02
Chord: 42.87
Course In: N 35-00-08 E
RP North: 2047201.881
End North: 2044983.611
Line Course: S 42-00-53 W
North: 2044946.114
Curve Length: 115.91
Delta: 2-26-03
Chord: 115.90
Course In: N 34-13-53 E
RP North: 2047201.880
End North: 2044882.963
Line Course: N 69-12-34 W
North: 2044908.779
Curve Length: 93.78
Delta: 14-26-12
Chord: 93.54
Course In: N 20-47-26 E
RP North: 2045256.752
End North: 2044952.704
Curve Length: 814.92
Delta: 16-57-28
Chord: 811.96
Course In: N 35-13-38 E
RP North: 2047201.877
End North: 2045513.729
Line Course:- N 37-48-54 W
North: 2045630.948
East: 6015827.162
Length: 74.47
East: 6015887.731
Radius: 511.04
Tangent: 12.15
Course: S 39-10-38 E
Course Out: N 52-11-06 E
East: 6015499.362
East: 6015903.080
Length: 25.82
East: 6015918.911
Length: 50.00
East: 6015879.474
Length: 95.26
East: 6015937.878
Radius: 2728.40
Tangent: 412.21
Course: S 46-24-22 E
Course Out: S 35-00-09 W
East: 6018093.300
East: 6016528.256
Length: 50.00
East: 6016556.949
Radius: 2678.40
Tangent: 21.44
Course: S 55-27-23 E
Course Out: S 34-05-06 W
East: 6018093.301
East: 6016592.266
Length: 50.47
East: 6016558.486
Radius: 2728.40
Tangent: 57.96
Course: S 56-59-08 E
Course Out: S 31-47-50 W
East: 6018093.310
East: 6016655.676
Length: 72.73
East: 6016587.682
Radius: 372.21
Tangent: 47.14
Course: N 61-59-28 W
Course Out: S 35-13-38 W
East: 6016719.799
East: 6016505.101
Radius: 2753.40
Tangent: 410.47
Course: N 46-17-38 W
Course Out: S 52-11-06 W
East: 6018093.318
East: 6015918.147
Length: 148.38
East: 6015827.173
Perimeter: 2477.15 Area: 31,036 sq.ft. 0.71 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.017 Course: S 43-19-07 E
Error North: -0.0122 East: 0.0115
recision 1: 147,842.69