HomeMy WebLinkAboutReso - CC - 101-1989RESOLUTION N0, 101-89
RESOLUTION ORDERING THE VACATION
OF AN EASEMENT AND ACCEPTING
NEW EASEMENT - LANDS OF B.M.I.
2652 SUMMIT DRIVE
RESOLVED, by the CITY COUNCIL of the City of
Burlingame, that:
WHEREAS, there has been presented to this Council
the proposal that that certain drainage easement upon the
property known as 2652 Summit Drive, Burlingame, California,
be vacated in exchange for an easement elsewhere upon said
property; and
WHEREAS, all public facilities within the easement
to be vacated are to be relocated to the new easement upon
said property and it is therefore unnecessary for present or
prospective public use:
NOW, THEREFORE, it is ORDERED AND DETERMINED as
follows:
1. Pursuant to the provisions of Section 8333 of
the Streets and Highway Code that easement described in
Exhibit A attached hereto, entitled "Drainage Easement
Vacation in Lot 23, Map of Kenmar Terrace, filed Feb 27,
1953, Vol. 36 of Maps, P. 24 & 25", be, and the same is
hereby, vacated and abandoned.
2. The City Council of the City of Burlingame
does hereby accept that certain easement dated September 5
1989, executed by B.M. I. Development.
3, The City Clerk is hereby directed to record a
certified copy of this resolution and the deed of dedication
with the County Recorder of the County of San Mateo upon the
acceptance by the City Engineer of the relocation of all
facilities into the new easement..
�
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 6th ___day of —September 1989, and adopted
thereafter by the following vote:
AYES: COUNCILMEN: AMSTRUP, BARTON, LEMBI, MANGINI, PAGLIARO
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE_ / Z_
City Clerk
DEED OF DRAINAGE EASEMENT
B.M.I. Development, Grantor, hereby grants to the
CITY OF BURLINGAME, a municipal corporation, Grantee, a
storm drainage easement on, over, along and in that certain
piece or parcel of real property situate, lying and being
in the City of Burlingame, County of San Mateo, State of
California, more particularly described as follows:
An easement for storm drainage purposes over a portion of Parcel
23-A as shown on that map entitled "Parcel Map of the Resubdivi-
sion of Lot 23 Kenmar Terrace", filed November 30, 1967 in Volume
4 of Parcel Maps at Page 7. Said easement is 10 feet wide with
a centerline as follows:
'Commencing at a point of reverse curvature of said Parcel 23-A,
said point being the most easterly point of said Parcel 23-A
along the northerly line of Summit Dr.; thence along a curve
to the right with tangent bearing S 34016' 30" W, radius 18.52'
central angle 1440 03' 30" an arc distance of 46.58'; thence
N O1' 40' W 178.01'; thence along the northerly line of a 10'
wide drainage easement shown on that map entitled "Kenmar
Terrace" filed February 27, 1953 in Book 36 of Maps at Page 24
N 330 27' 50" E 35.55' to the POINT OF BEGINNING.
Thence, from said point of beginning for the centerline of said
10' wide drainage easement, N 290 58' 37" W 30.10' with side
lines projecting southerly until they intersect the drainage
easements shown on said map of Kenmar Terrace; thence -
N 020 57' 39" E 87.12'; thence N 46° 20' 18" E 77.00' to a
point of terminus, said point of terminus bears S 42' 01' 20" W
18.00' and S 47' 58' 40" E 35.00' from the angle point in the
northerly line of said Parcel 23-A formed by lines bearing N 42°
O1' 20" E and N 02' 48' 30" E. Said point of terminus is also at
the centerline of the existing channel and adjoins the 10'
drainage easement over the existing channel shown on said map of
Kenmar Terrace.
TO HAVE AND TO HOLD the above-described easement
for the purposes of constructing, reconstructing,
repairing, replacing, maintaining and operating storm
drainage pipe, channels ditch, cleanouts, manholes and
appurtenances thereto, together with the right of ingress
and egress over grantors' real property adjoining that
herein -above described.
This deed of dedication shall bind the heirs,
successors and assigns of .the parties hereto.
Dated:19151S9
044,1 �L '
Ronald R. Hooper, General
Partner,B.M.I.Development
STATE OF CALIFORNIA
On this ....... 5.t h....... day of ..S.ep t Q,IjQJ 2 T, , , in the year ..19 H 9........... ,
ss,
before me,,....... Mar 12, M..,Cox,,,,,,,,,,,,,,,,,,,,,,,,, a Notary Public, State of
COUNTY OF .....�S. a:R... Mat 20.........
California, duly licensed and sworn, personally appeared ........... . ....... ................
R.id.IR,,,.Hooper........................................
..................
GFFIVAL SEAL
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
MARIE M. COX
Nd" Pd1b•i
that executed this instrument, on behalf of the partnership and acknowledged to me that the
a SAN MATED OOUNIY
partnership executed it.
•
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official
1 1980
_
seal, in the ........?.a l............. , County of ... S aR . YA t i....... on the date set
forth above in this certificate.
This document is only a general loam which may be proper for am in simple transactions
ain nd noway
atii or is intended to act, as a substitute lot the advice of an allormy. Th. printer does not make any
warranty. alter pieces or implied. as to the hard salidity of any maabion or hies suilabillry
of these lorms
in any speed. permission.
Notary Public, State of California.
Cowdery's Form No. 29 — Acknowledgment to Notary Public
1. 1990
— Partnership — (C.C. Sec. 1190A.) — (Rev. 1/83)
My commission expiresS P n tTmh P T
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RECORDED AT RL
RESOLUTION
OF -'Orl, O/ /L��9Jc'Gvs�l�
RESOLUTION NO. 101-89
D/ f�Prr�i�e 20��
RESOLUTION ORDERING THE VACATIO:
OF AN EASEMENT AND ACCEPTING
7 NEW EASEMENT - LANDS OF B.M.I.
911v16 _,7'97 2652 SUMMIT DRIVE
-7 fl"
RESOLVED, by the CITY COUNCIL of the City of WARREN S`= `- RMORDL'
89131'761
ME
i r
maw
Hing
EBL_ \I I%gOCT .2 P 3: 13
Burlingame, that • `11 ` _--- =', -_'
WHEREAS, there has been presented to this Council
the proposal that that certain drainage easement upon the
property known as 2652 Summit Drive, Burlingame, California,
be vacated in exchange for an easement elsewhere upon said
property; and
WHEREAS, all public facilities within the easement
to be vacated are to be relocated to the new easement upon
said property and it is therefore unnecessary for present or
prospective public use:
NOW, THEREFORE, it is ORDERED AND DETERMINED as
00
follows: c0
1-+
1. Pursuant to the provisions of Section 8333 of W
N
the Streets and Highway Code that easement described in
Exhibit A attached hereto, entitled "Drainage Easement
Vacation in Lot 23, Map of Kenmar Terrace, filed Feb 27,
1953, Vol. 36 of Maps, P. 24 & 25", be, and the same is ---
hereby, vacated and abandoned. E!o
2. The City Council of the City of Burlingame rn
o �
does hereby accept that certain easement dated September 5
1989, executed by B.M. I. Development. d o
LM
3. The City Clerk is hereby directed to record a
certified copy of this resolution and the deed of dedication
with the County Recorder of the County of San Mateo upon the
acceptance by the City Engineer of the relocation of all
facilities into the new easement.
111.a -
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 6th day of September 1989, and adopted
thereafter by the following vote:
AYES: COUNCILMEN: AMSTRUP, BARTON, LEMBI, MANGINI, PAGLIARO
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NON
City Clerk
C:: ., CP the COCU8:2^:' .. !c .^rfS
to cri mal c$ which is er.
my C';r'�'CC.
24./99
.a
EXHIBIT "A"
DRAINAGE EASEMENT VACATION IN LOT 23,
MAP OF KENMAR TERRACE FILED FEBRUARY 27,
1953, VOLUME 36 OF MAPS P. 24 & 25
An easement for storm drainage purposes over
Parcel 23A as shown on that map entitled "Parcel Map of
Resubdivision of Lot 23 Kenmar Terrace", filed November 30,
1967 in Volume 4 of Parcel Maps at Page 7. Said easement
is also shown on the Map of Kenmar Terrace filed February
27, 1953 in Volume 36 of Maps, Page 24 and 25 described as
follows:
Beginning at a point N 33 27'50" E, approximately
35.55 feet from the southerly terminus of that portion of
the southeasterly line of Lot 23 referenced above which
bears N 33 27'50" E 53.92 feet, thence from said point of
beginning along the "10' D.E. over existing channel" within
said Lot 23 along said existing channel to a point on said
existing channel which bears S 42 01'20" W 18.00' and S 47
58140" E 35.00' from the angle point in the northerly line
of said Parcel 23-A formed by lines bearing N 42 01' 20" E
and N 02 48'30" E. Said point is also at the centerline of
the existing channel and adjoins the 10' drainage easement
over the existing channel shown on said map of Kenmar
Terrace.
This above described vacated easement is being
replaced by an easement from B.M.I. Development, Inc. with
defined courses and distances between the point of
beginning and point on existing channel herein described.
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DEED OF DRAINAGE EASEMENT
B.M.I. Development, Grantor, hereby grants to the
CITY OF BURLINGAME, a municipal corporation, Grantee, a
storm drainage easement on, over, along and in that certain
piece or parcel of real property situate, lying and being
in the City of Burlingame, County of San Mateo, State of
California, more particularly described as follows:
An easement
for storm drainage purposes over a
portion of Parcel
23-A as shown on that map entitled "Parcel Map
of the Resubdivi-
sion of Lot
23 Kenmar Terrace", filed November
30, 1967 in
4 of Parcel
Maps at Page 7. Said easement
Volume
C�
is
10 feet wide with
-13
a centerline
as follows:
M+
'Commencing at a point of reverse curvature of said Parcel 23-A,
said point being the most easterly point of said Parcel 23-A
along the northerly line of Summit Dr.; thence along a curve
to the right with tangent bearing S 34'16' 30" W, radius 18.52'
central angle 144° 03' 30" an arc distance of 46.58'; thence
N O1' 40' W 178.01'; thence along the northerly line of a 10'
wide drainage easement shown on that map entitled "Kenmar
Terrace" filed February 27, 1953 in Book 36 of Maps at Page 24
N 330 27' 50" E 35.55' to the POINT OF BEGINNING.
Thence, from said point of beginning for the centerline of said
10' wide drainage easement, N 290 58' 37" W 30.10' with side
lines projecting southerly until they intersect the drainage
easements shown on said map of Kenmar Terrace; thence
N 020 57' 39" E 87.12'; thence N 46° 20' 18" E 77.00' to a
point of terminus, said point of terminus bears S 42' 01' 20" W
18.00' and S 47' 58' 40" E 35.00' from the angle point in the
northerly line of said Parcel 23-A formed by lines bearing N 42
O1' 20" E and N 02° 48' 30" E. Said point of terminus is also at
the centerline of the existing channel and adjoins the 10'
draina;e easement over the existing channel shown on said map of
rte mar terrace.
TO HAVE AND TO HOLD the above-described easement
for the purposes of constructing, reconstructing,
repairing, replacing, maintaining and operating storm
drainage pipe, channel, ditch, cleanouts, manholes and
appurtenances thereto, together with the right of ingress
and egress over grantors' real property adjoining that
herein -above described.
This deed of dedication shall bind the heirs,
successors and assigns of .the parties hereto. CD
W
9/589
Dated:1
_ Ca
N
IRA
Ronald R. Hcoper, General
Partner, B. M. I. Development
STATE OF CALIFORNIA On this .... ",Sth ,day of September intheyear 198. .
ss,before me, .......1...2.,T',1 e M... CO X a Notary Public, State of
COUNTYOF ... San.Mate.Q......... .. California, duly licensed and sworn,personally appeared ...................................
l Ronal.a.. R ...Hooper ..........................................
11 OFFICIAL SEAL personally known to me for proved to me on the basis of satisfactory evidence) to be the person
MARIE M. COX that executed this instrument, on behalf of the partnership and acknowledged to me that the
Y� Notary Public -California
ft SAN MATEO COUNTY partnership executed it.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official
My Comm. Exp. Sep. 1, 1990 Said San. Ma
_ seal, in the ........................... County oL.... ......te..o
.......,on the date set
forth above in this certificate.
This bxument Is only a genoral form wnion may he pincer for use In simple transactions all re no way
act. or is element the act. as a substitute for the aowce of an attorney. The primer does ma main any
apellres
warranty. letter expense or Implied as to ties varietyrs
legal variety of any prmmn or the smtashar, of I... forms
m
any heeullc bamacten. '
Cowdery's Form No. 29 — Acknowledgment to Notary Public Notary Public(State of California.
— Partnership — (C.C. Sec. 1190A.) — fRev. 1183) My commission expires September 1, 1990
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