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HomeMy WebLinkAboutReso - CC - 082-1990RESOLUTION NO. 82-90 ACCEPTING GRANT DEED EASEMENT FOR RETAINING WALL From: Ross and Mary Schendel Date: June 26, 1990 APN 027-022-320 RESOLVED by the CITY COUNCIL of the City of Burlingame, California that it does hereby accept that certain Grant Deed of an easement for a retaining wall executed by the above persons on the date set forth above, and that the same be recorded in the office of the County Recorder of the County of San Mateo, California. 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 2nd day of _liily 1990, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BARTON, HARRISON, LEMBI, O-MAHONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: PAGLIARO CITY CLERK 0 DEED OF EASEMENT PROPERTY: APN NO. 027-022-320 ROSS E. SCHENDEL AND MARY A. SCHENDEL, husband and wife, as Joint Tenants, hereby grant to CITY OF BURGLINGAME, a municipal Corporation, Grantee, an easement for the installation, construction, reconstruction, maintenance, repair and operation of a retaining wall and its appurtenances, and work auxiliary thereto, in, over, across, and upon Parcels of land, situate in the City of Burlingame, County of San Mateo, State of California, and more particularly described as follows: BEING a portion of the lands described in that certain Grant Deed to Ross E. Schendel, et ux, recorded July 27, 1981 at Series Number 70591AS in the Official Records of San Mateo County, State of California; said portion being more particularly described as follows: BEGINNING at a point lying on the southwesterly line of said lands distant North 69003124" West 43.09 feet and North 37040155" West 111.79 feet from the most easterly corner of the lands described in that certain Grant Deed to James A. McGovern, et ux, recorded July 9, 1984 at Series Number 84074258 in the Official Records of San Mateo County, State of California; THENCE leaving said POINT OF BEGINNING North 37040'55" West 71.26 feet along said southwesterly line of the lands of Schendel to a point; THENCE leaving last said line South 86057115" East 109.39 feet, South 03002'45" West 54.00 feet and North 86 57'15" West 62.89 feet returning to the POINT OF BEGINNING and CONTAINING 4,652 square feet of land or less. The exercise of any and all rights under the easement herein granted shall be subject to the following covenants, limitations and requirements: 1. Any work performed or caused to be performed by, or for the account of, Grantee or its agents or contractors shall be performed and any rights granted hereunder shall be exercised in such manner as to not unreasonably interfere with the activities of Grantor. 2. Grantee understands that the sole purpose of the work related to this easement is to protect the City's sewer main and access roadway, and City does not warrant or imply in any way that any work performed under this easement, or any other easement upon grantee's property, provides stability to any existing slope or slopes on grantee's property. 3. Any area or areas (including any improvements thereon) within the easement area wherein Grantee shall perform work or shall otherwise be active in connection with such work, or in connection with the exercise of any right hereunder, if in any way damaged or altered, shall be restored as nearly as possible to it or their former state and condition. 4. Except as indicated above, no structures shall be built, constructed or placed over or on the easement area without Grantee's consent. This deed shall bind the heirs, successors and assigns of the parties hereto. Dated: U., i -/, /-/I" and Ross E. Schendel and Mary A. Schendel I I_ I Ii Y 6on06 , Z� � ye) .4. / ph/ W / m � N O \ /nn N �s� � M\ U o \. v 15- co P.O.B / r W U3 i O u 0 0 (10 CD Z Q J RETAINING WALL & LANDSLIDE EASEMENT 0 MOST EASTERLY CORNER OF LANDS DESCRIBED IN DOCUMENT #84074258 PLAT TO ACCOMPANY LEGAL DESCRIPTION OF A RETAINING WALL AND LANDSLIDE EASEMENT OVER, UNDER AND ACROSS A PORTION OF THE LANDS OF SCHENDEL CITY OF BURLINGAME SAN MATEO COUNTY CALIFORNIA BRIAN KANGAS FOULK Date: 9/13/89 SCale: 1•=30• CONSULTING ENGINEERS BY: CLO Sheet 1 OF 1 540 PRICE AVENUE REDWOOD CITY, CALIF. 94063 TELEPHONE (415) 365-0412 PPOj,NO. 890201-00