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HomeMy WebLinkAboutReso - CC - 016-1996RESOLUTION NO. 16 - 96 AUTHORIZING EXECUTION OF PROPERTY CONTRACT AND ACCEPTING ROADWAY AND PEDESTRIAN ACCESS EASEMENTS From: Norput Investments, a Co -Partnership Date: March S, 1996 APN: 026-141-020 RESOLVED by the CITY COUNCIL of the City of Burlingame, California that it does hereby authorize the Mayor to sign the real property contract for said access easements and a temporary construction easement for and on behalf of the City of Burlingame and the City Clerk is ordered and instructed to attest such signature. Be it further RESOLVED that this CITY COUNCIL accepts that certain Deed of Easements for a roadway access and pedestrian easements executed by the above persons on the date set forth above, and directs that the same be recorded in the office of the County Recorder of the County of San Mateo, California. CL ll d «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 18th day of MARCH 1996, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: HARRISON, JANNEY, 0-MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: KNIGHT California 19 Y6 Norput Investments, a co -partnership Mehmet Demirkol & Ismail Jan Unlu, co-partners Grantor(s) Project: Easton Creek Channel Improvement City Job No. 8331 Deed No. 026-141-020-E& T -026 -141 -020 - CITY OF BURLINGAME PURCHASE AGREEMENT Document Nos. 026-141-020-E& T -026-141-020-E in the form of Easement Deeds have been executed and delivered to Ronald C. Michaelis, Acquisition Agent for the City of Burlingame (hereafter called City) In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 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 the City of all further obligations or claims on this account, or on account of the location, grade, construction or operation of the proposed public improvement. 2. The City shall: A. Pay all escrow, recording and title insurance charges, if any, incurred in this transaction. B. Pay the sum of $ 24.585.00 for the property described in said documents to the following title company: First American Title Co., 555 Marshall Street, Redwood City, CA. 94063, for the account of the grantor(s), Escrow No. 414278, conditioned upon the property vesting in the City. The escrow agent may expend any or all monies payable under this agreement to discharge any obligations which are liens upon the property, including but not limited to those arising from judgments, assessments, delinquent taxes for other than the fiscal year referred to in paragraph 2B(1), or debts secured by deeds of trust or mortgages, together with penalty, if any, for payment in full in advance of maturity, and/or to defray any other incidental costs other than those specified in paragraph 2A hereof to be borne by the City. 4. Grantor hereby authorizes the City to prepare and file escrow instructions in accordance with this agreement on behalf of both parties. Page 1 of 2 1 5. Each individual executing this agreement on behalf of Grantor represents and warrants that such individual is duly authorized to execute and deliver this agreement on behalf of Grantor. 6. This agreement may be executed in counterparts, each of which shall be an original, but all counterparts shall constitute one agreement. (As used above, the term "Grantor" shall include the plural as well as the singular number). IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. NORPUTI�ESTM QTS, ailpartnership: // /I Recommended for acceptance: Ismail Jan Unlu, -partner [G � Acquisition Agent Granto CITY OF BURLINGAME: City Manager NO OBLIGATION OTHER THAN SET FORTH HEREIN WILL BE RECOGNIZED Page 2 of 2 When Recorded Mail To: CITY OF BURLINGAME 501 Primrose Road Burlingame, CA. 94010 Attn. Office of City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE EASEMENT DEED Deed No. 026-141-020-E Norput Investments, a co -partnership, do(es) hereby GRANT to the CITY OF BURLINGAME a municipal corporation, a nonexclusive permanent easement for installation of an access roadway and appurtenances, for access and maintenance of City facilities (Exhibit A); and, a permanent pedestrian access easement (Exhibit B) upon all that real property situate in the City of Burlingame, County of San Mateo, State of California, described as follows: SEE ATTACHED EXHIBITS A & B The City of Burlingame shall not install any above ground structures, other than paving, on the easements described. Dated this day of 190 NORPUT INVESTMENTS, a co -partnership: Ismail Jan�Jnlu, co-partner / Demirkol, Page 1 of 2 STATE OF CALIFORNIA ) County of 54A) MATED )) ss. On Ml+je&{ Ft Ilii , before me, J v> ITJ} A . MR-e-F,trri, 6 i7 -y a4t�'o S MAit,,Atjit1 L V off_ M Lr N MrT DEM ► R1CDL personally known to me ( 1 to be the person(s) whose name6)44are subscribed to the within instrument and acknowledged to me that laa,/s#E/they executed the same in hie4he their authorized capacity(ies) and that byhisth" their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal (This area for official notarial seal) CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE, SEC. 27281 This is to certify that the interest in real property conveyed in the foregoing deed or grant to the City of Burlingame is hereby accepted by the undersigned on behalf of the City of Burlingame pursuant to authority conferred by resolution of the City Council of the City of Burlingame and the grantee consents to recordation thereof. Dated this day 19 CITY OF BURLINGAME: Page 2 of 2 City Clerk EXHIBIT A - Page 1 A NON-EXCLUSIVE PERMANENT EASEMENT FOR INSTALLATION OF AN ACCESS ROADWAY AND APPURTENANCES FOR ACCESS AND MAINTENANCE OF CITY FACILITIES DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERLY CORNER OF LOT 1, BLOCK 2, AS SAID LOT AND BLOCK ARE SHOWN ON THAT CERTAIN MAP ENTITLED "BURLWAY INDUSTRIAL PARK", WHICH MAP WAS FILED IN BOOK 46 OF MAPS AT PAGE 21, OFFICIAL RECORDS OF THE COUNTY OF SAN MATEO: THENCE FROM SAID POINT OF BEGINNING ALONG THE NORTHEASTERLY LINE OF THE STATE HIGHWAY DISTRICT 4 SAN MATEO COUNTY ROUTE 68 (U.S. 101), SECTION BURL, KNOWN AS THE BAYSHORE FREEWAY, SOUTH 50 DEGREES 41 MINUTES 25 SECONDS EAST, 775.85 FEET TO A POINT ON THE CENTER LINE OF THE FIFTY FOOT (50') PUBLIC UTILITY EASEMENT CONVEYED BY R. P. ETIENNE PROPERTIES, INC.,TO THE CITY OF BURLINGAME BY DEED DATED FEBRUARY 17, 1955, AND RECORDED MARCH 2. 1955, IN BOOK 2751 OF OFFICIAL RECORDS OF SAN MATEO COUNTY AT PAGE 494 (30128-M): THENCE ALONG SAID CENTER LINE NORTH 71 DEGREES 34 MINUTES 38 SECONDS EAST, 223.79 FEET TO A POINT ON THE SOUTHWESTERLY BOUNDARY OF THAT CERTAIN RIGHT OF WAY GRANTED BY A. M. AND L. A. EASTON TO THE STATE OF CALIFORNIA BY DEED DATED OCTOBER 28, 1924, AND RECORDED AUGUST 8, 1925, IN BOOK 182 OF OFFICIAL RECORDS OF SAN MATEO COUNTY, AT PAGE 197 (43041-1); THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 22 DEGREES 02 MINUTES 22 SECONDS EAST, 45.05 FEET TO THE TRUE PONT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING, LEAVING SAID SOUTHWESTERLY LINE NORTH 67 DEGREES 57 MINUTES 38 SECONDS EAST, 21.01 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 386.76 FEET, THE CENTER OF WHICH BEARS NORTH 65 DEGREES 01 MINUTES 04 SECONDS EAST, THROUGH A CENTRAL ANGLE OF 05 DEGREES 55 MINUTES 33 SECONDS FOR AN ARC LENGTH OF 40.00 FEET; THENCE ALONG A CURVE TO THE LEFT TANGENT TO THE LAST CURVE, THE CENTER OF WHICH BEARS SOUTH 59 DEGREES 05 MINUTES 32 SECONDS WEST, THROUGH A CENTRAL ANGLE OF 184 DEGREES 09 MINUTES 30 SECONDS FOR AN ARC LENGTH OF 12.86 FEET: THENCE ALONG A TANGENT LINE SOUTH 35 DEGREES 03 MINUTES 59 SECONDS EAST, 56.82 FEET; THENCE ALONG A RADIAL LINE SOUTH 50 DEGREES 47 MINUTES 46 SECONDS WEST, 28.00 FEET: THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 422.76 FEET. THROUGH A CENTRAL ANGLE OF 05 DEGREES 39 MINUTES 20 SECONDS FOR AN ARC LENGTH OF 41.73 FEET; THENCE NORTH 22 DEGREES 02 MINUTES 22 SECONDS WEST, 54.23 FEET, THENCE NORTH 63 DEGREES 25 MINUTES 22 SECONDS WEST. 26.57 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 40.50 FEET TANGENT TO THE LAST I EXHIBIT A -- Page 2 PRECEDING COURSE, THROUGH A CENTRAL ANGLE OF 45 DEGREES FOR AN ARC LENGTH OF 31.81 FEET TO THE SOUTHERLY EASEMENT LINE OF SAID FIFTY FOOT PUBLIC UTILITY EASEMENT; THENCE ALONG SAID LINE NORTH 71 DEGREES 34 MINUTES 38 SECONDS EAST, 52.50 FEET TO THE PREVIOUSLY DESCRIBED SOUTHWESTERLY RIGHT OF WAY LINE OF THE PROPERTY GRANTED BY A. M. AND L. A. EASTON TO THE STATE OF CALIFORNIA; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 22 DEGREES 02 MINUTES 22 SECONDS EAST, 20.00 FEET TO THE TRUE POINT OF BEGINNING_ CONTAINING APPROXIMATELY 3515 SQUARE FEET. j?70.101\easc mem. leg It EXHIBIT B A NON-EXCLUSIVE PERMANENT EASEMENT FOR PEDESTRIAN ACCESS PURPOSES DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERLY CORNER OF LOT 1, BLOCK 2, AS SAID LOT AND BLOCK ARE SHOWN ON THAT CERTAIN MAP ENTITLED "BURLWAY INDUSTRIAL PARK", WHICH MAP WAS FILED IN BOOK 46 OF MAPS AT PAGE 21, OFFICIAL RECORDS OF THE COUNTY OF SAN MATEO: THENCE FROM SAID POINT OF BEGINNING ALONG THE NORTHEASTERLY LINE OF THE STATE HIGHWAY DISTRICT 4 SAN MATEO COUNTY ROUTE 68 (U.S. 101). SECTION BURL, KNOWN AS THE BAYSHORE FREEWAY. SOUTH 50 DEGREES 41 MINUTES 25 SECONDS EAST, 775.85 FEET TO THE CENTER LINE OF THE FIFTY FOOT (50) PUBLIC UTILITY EASEMENT CONVEYED BY R. P. ETIENNE PROPERTIES, INC., TO THE CITY OF BURLINGAME BY DEED DATED FEBRUARY 17. 1955. AND RECORDED MARCH 2, 1955, IN BOOK 2751 OF OFFICIAL RECORDS OF SAN ,IATEO COUNTY AT PAGE 494 (30128-M); THENCE NORTH 71 DEGREES 34 MINUTES 3S SECONDS EAST, 223.79 FEET TO A POINT ON THE SOUTHWESTERLY BOUNDARY OF THAT CERTAIN RIGHT OF NVAY GRANTED BY A. M. AND L. A. EASTON TO THE STATE OF CALIFORNIA BY DEED DATED OCTOBER 28, 1924, AND RECORDED AUGUST 8, 1925, IN BOOK 182 OF OFFICIAL RECORDS OF SAN MATEO COUNTY, AT PAGE 197 (43041-1); THENCE NORTH 71 DEGREES 34 MINUTES 38 SECONDS EAST, 20.54 FEET TO A POINT ON THE NORTHEASTERLY BOUNDARY SAID RIGHT OF WAY; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 22 DEGREES 02 MINUTES 22 SECONDS EAST, 14.40 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING, LEAVING SAID NORTHEASTERLY LINE SOUTH 15 DEGREES 16 MINUTES 59 SECONDS WEST, 16.22 FEET; THENCE SOUTH 21 DEGREES 55 MINUTES 54 SECONDS EAST, 23.70 FEET; THENCE SOUTH 66 DEGREES 55 MINUTES 54 SECONDS EAST, 16.79 FEET TO A POINT ON A CURVE ON SAID NORTHEASTERLY LINE; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 386.76 FEET, THE CENTER OF WHICH BEARS NORTH 62 DEGREES 10 MINUTES 22 SECONDS EAST, THROUGH A CENTRAL ANGLZ OF 01 DEGREES 45 MINUTES 17 SECONDS FOR AN ARC LENGTH OF 11.85 FEET TO A POINT ON A CURVE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 7.00 FEET, THE CENTER OF WHICH BEARS NORTH 28 DEGREES 07 MINUTES 52 SECONDS WEST, THROUGH A CENTRAL ANGLE OF 52 DEGREES 45 MINUTES 25 SECONDS FOR AN ARC LENGTH OF 6.45 FEET; THENCE NORTH 21 DEGREES 55 MINUTES 54 SECONDS WEST, 19.94 FEET; THENCE NORTH 15 DEGREES 16 MINUTES 59 SECONDS EAST, 7.98 FEET TO SAID NORTHEASTERLY LINE; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 22 DEGREES 02 MINUTES 22 SECONDS WEST, 8.25 FEET TO THE TRLE POINT OF BEGINNING. CONTAINING APPROXIMATELY 242 SQUARE FEET ]rOW01\nscmm:a Ice O� S50'41'25 "E 775.85' J� n orth AREA OF P. G. & E. EASEMENT WTI -11N NEW EASEMENT =2051 S.F. R=422.76' ,L=05'39'20" L=41.73' EXISTING P.G.& E. j EASEMENT s Csem. C� R=40.50' L=45'00'00' L=31.81' 3515 S.F. (TOTAL) ,Exhl bi t P.O.B. S. CORNER LOT 1, BLOCK 2, BURLWAY \ INDUSTRIAL PARK 46 M 21 50'\PUBLIC UTILITY EASE NT 2751 O.R. 494 25 i \ L? \ r_ W NW G7 � � Z O yn \ a /5a ; T.P.O B 0A ✓ /6�0�� X59. X04%v', o%gp Qo sad o sem,: 0. s. by, 0A G 6, KLH-CREM, Inc. Dion b. . tlM.W. YB@IY Dram AJ SHEET A subsidiary of ALH Engineering croup, Inc. Des edyed b M.W. PLAT TO ACCOMPANY 1 ENGINEERING .SURVEYING• PLANNING Scae: 16 = 3y. 0• LEGAL DESCRIPTION or 1 M20 GATEWAY DRIVE . SUrrZ 100. SAN MASEO . CA W Dole: 12-08-95 FIX (ate) sn-I= mo"(ata) 5n -e Job No.. 70301.32 70301PLI 6 ��/„&J" t / m y P.O.B. S. CORNER LOT 1, y �y BLOCK 2, BURLWAY INDUSTRIAL PARK \ �c 46 M 21 Q 50' PUBLIC UTILITY EASEMENT 2751 O.R. 494 a \ N�,545A 22318 20 3a 3a E S22 p2 20 R. `W 5516 59 1 A b, �g1 22 56a 54 55 E, 16.19 N22'02'22"W, 8.25' K■ �-ARChewed b. M. W. L ■V'■41dEM, Inc Drown b. AJ SHEET A subsidiory of KLH Engineering Croup, inc. Ges4led b. M.W. PLAT TO ACCOMPANY 1 ENGINEERING •SURVEYING• PLANNING tV�� LEGAL DESCRIPTION OF 1 WW DAMWAY DRIVE . SURE 10 • 9AN 1uIEo . cA ca�os Dole: 11-27-95 M (415) an-[= raoxcµle) an -a Joh No.: 70301.32 ) > 6i6i f / e P.O.B. S. CORNER LOT 1, J� BLOCK 2, BURLWAY S50'41'25"E 775.85' \ INDUSTRIAL PARK 46 M 21 north 1�j T.P.O.B. 10' CONSTRUCTJON EASEMENT 1 R=40.50' I I I\ A=45'00'00" j T /.fK? EXISTING P.G.& E. EASEMENT 50'\PUBLIC UTILITY EASE NT 2751 O.R. 494 LENGINJEFIZING � ®���� ' ��� Checked, M.W. �'°� MDrawn d AJ SHEET idiary o/ KLN Engineerino Group, Inc. edn. M.W. PLAT TO ACCOMPANY 1 •SURVEYING• PLANNING Surveyed 1" = 30• LEGAL DESCRIPTION of 1 AY DRIVE SUITE 1W • SAA a Tzo . cA D41oa Date: 12-07-95 n -Tam raaRc(ua) en -e.00 ah No.: 70301.32 P, Nom_ \,. \ A 10' CONSTRUCTJON EASEMENT 1 R=40.50' I I I\ A=45'00'00" j T /.fK? EXISTING P.G.& E. EASEMENT 50'\PUBLIC UTILITY EASE NT 2751 O.R. 494 LENGINJEFIZING � ®���� ' ��� Checked, M.W. �'°� MDrawn d AJ SHEET idiary o/ KLN Engineerino Group, Inc. edn. M.W. PLAT TO ACCOMPANY 1 •SURVEYING• PLANNING Surveyed 1" = 30• LEGAL DESCRIPTION of 1 AY DRIVE SUITE 1W • SAA a Tzo . cA D41oa Date: 12-07-95 n -Tam raaRc(ua) en -e.00 ah No.: 70301.32