HomeMy WebLinkAboutReso - CC - 083-1990RESOLUTION NO. 83-90
ACCEPTING GRANT DEED EASEMENT FOR RETAINING WALL
From: James and Geraldine McGovern
Date: June 26, 1990
APN 027-022-290
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.
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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
July , 1990, and was adopted thereafter by the following
vote:
AYES: COUNCILMEMBERS: BARTON, HARRISON, LEMBI, 0-MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PAGLIARO
CITY CLERK
DEED OF EASEMENT
PROPERTY: APN NO. 027-022-290
JAMES A. MCGOVERN AND GERALDINE MCGOVERN, 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 wail
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 James A. McGovern, et ux, recorded July
9, 1984 at Series Number 84074258 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 northeasterly line of
said lands distant North 69103124" West 43.09 feet and
North 37040155" West 111.79 feet from the most easterly
corner of said lands of McGovern;
THENCE leaving said POINT OF BEGINNING North 86157'15"
West 65.11 feet, North 03002145" East 54.00 feet, and
South 86057'15" East 18.61 feet to a point lying on
aforesaid northeasterly line of the lands of McGovern;
THENCE South 37040155" East 71.26 along last said line
returning to the POINT OF BEGINNING and CONTAINING
2,260 square feet of land more 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: L - ay _y ;
James A. McGovern and
Geraldine McGovern
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DOCUMENT #64074258
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PLAT TO ACCOMPANY LEGAL DESCRIPTION OF A
RETAINING WALL AND LANDSLIDE EASEMENT
'ER, UNDER AND ACROSS A PORTION OF THE LANDS OF MCGOVERN
CITY OF BURLINGAME SAN MATEO COUNTY CALIFORNIA
BRIAN KANGAS FOULK Date: 9/13/89 scale: 1'•30'
CONSULTING ENGINEERSsy: CLD Sheat 1 of 1
540 PRICE AVENUE REDWOOD CITY, CALIF. 94063
TELEPHONE (415) 365-0412 Proj.No. 890201-00
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