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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 =J MWS THRESH 4 EXP.9/30/00 {� N No. 6868 l9TF CAO OF C A 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