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HomeMy WebLinkAboutReso - CC - 126-1990RESOLUTION NO 126-90 AUTHORIZING EXECUTION OF REAL PROPERTY CONTRACT AND ACCEPTING DEED OF EASEMENT FOR WATER LINE From: Sam G. and Genevieve Morano Date: April 23, 1990 APN 025-182-170 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 water line 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. BE IT FURTHER RESOLVED that the Mayor or this City is hereby authorized to execute the real property c tract for said easement. A46 e - 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 1st day of October , 1990, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: HARRISON, LEMBI, O'MAHONY, PAGLIARO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BARTON ITY CLERK Burlingame , California April 27 , 19 90 Sam G. and Geneieve Morano PROJECT City Project 245 - Water Main Easema PARCEL N0. Q25-182-170 ESCROW NO. 337005 -TD CITY OF BURLINGAME REAL PROPERTY CONTRACT Document(s) No. 025-182-170 in the form of an Easement Deed has been executed and delivered to DONALD C. GARDNER, Acquisition Agent for the City of Burlingame (hereinafter called "City"). In consideration of which, and the other consideration hereinafter set forth, it is mutually agreed as follows: 1. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document(s) and shall relieve the City of all further obligations or claims on this account. 2. The City shall: A. Pay all escrow and recording fees incurred in this transaction, and if title insurance is desired by the City, the premium charges therefor. B. Pay the undersigned grantor(s) the sum of $ 3,105.00 for the interest therein as conveyed by document No. 025-182-170 within thirty (30) days after u exection by grantor(s) and acceptance by the City. 3. This transaction will be handled through an escrow with First American Title, 555 Marshall Street, Redwood City, California, Escro.a No. 337005 -TD 4. Grantors) hereby agrees and consents to the dismissal of any action in eminent domain by the City as to the subject property or any portion thereof and Grantor(s) waives all claims to court costs, claims under C.C.P. 1268.610, and any monies that may now be on deposit in the Superior Court or in the State Treasury in said action. s Page 2 The sum setforth in Clause 2B includes, but is not limited to, payment for the Easement. It is understood and agreed that the City shall replace or repair damages to fencing, improvements and landscaping caused by the installation of the water line. RECOMMENDED BY: i Acquisition Agent ,'6�yEn2�inecr� CITY OF BURLINGAME Mayor �. City C k APPROVED AS TO FORM: City Attorney s f� SAM G. MORANO GENEIEVE MORANO Grantor(s DEED OF EASEMENT FOR WATER LINE SAM G. MORANO,GENEVIEVE MORANO, Joint Tenants, Grantors, hereby grant to the CITY OF BURLINGAME, a municipal corporation, Grantee, an easement for waterline purposes over, under and across a portion of Lot 41, Block 19, as shown on that certain map entitled "RAY PARK" filed April 16, 1941 and recorded in Volume 23 of Maps at Pages 45-48, San Mateo County Records, situate in the City of Burlingame, County of San Mateo, State of California, and more particularly described as follows: BEGINNING, as shown on the attached plat, at the Northerly common corner of Lot 40 and Lot 41 of Block 19 as shown on said map and s running by bearings based on said map and by distances measured in ground feet and decimals thereof; thence, (1) along the common line between said Lots 40 and 41 South 17°02'40" East 118.94 feet; thence, (2) leaving last said line North 32'35112" West 18.66 feet, over, under and across said Lot 41; thence, (3) North 17°02140" West 101.25 feet, over, under and across same, to point on the Northerly line of said Lot 41, being also a point on the Southerly right-of-way of Valdivia Court, as shown on said map; thence, (4) Easterly along last said Southerly line along a non -tangent curve to the left, whose radius point bears North 10039156" West for 45.00 feet and through a central angle of 06°22144" and along an arc length of 5.01 feet, to the Point of Beginning and containing an area of 550 square feet. TO HAVE AND TO HOLD the above-described easement for the purposes of constructing, reconstructing, repairing, replacing, maintaining and operating a waterline, together with the right of ingress and egress over grantors' real property adjoining that hereinabove described. This deed of dedication shall bind the heirs, successors and assigns of the parties hereto. Dated: April 27, 1990 STATE OF CALIFORNIA San Mateo ;ss. COUNTY OF_ On Apr i 1 27, 1990 ,before me, the undersigned, a Notary Public in and for said State, personally appeared Sam G._ Morano_ and Geneleye Morano personally known to me (or proved to me on the basis of satis- factory evidence) to be the person(s) whose name(s) is/are sub- scribed to the within instrument and acknowledged to me that he/she/they executed the same. WITNESS my hand and official sea]. . Signature.___" D. C. Gardner 'JFi1OlAl SEAL D.L. GIIR�NER NOTAAV AUILAAN6YANIA SAN RATE@ COUNTY NV C014. EXP. FE6. 23,Hf3 (This area for official notarial seal)