HomeMy WebLinkAbout2734 Summit Dr - Staff Report�
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BURLINGAME
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TO:
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FROM:
Honorable PZayor & City Council
December 11, 1984
City Attorney
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BY
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BY
SUBJECT:��� 2'74O Summit Drive - Job #411 - Easement Agreement
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AGENDA � A
ITEM A
On November 19th you considered a contract and an Easement
Agreement for sewer repairs on the above property. At that
time both items were continued so that the time for the work
could be extended until the spring and so that the Easement
Agreement could be modified.
The Director of Public works wi11 respond by separate memo
regarding the re�air contract. As to the easement, we did draft a
provision which required the property owner to be responsible in
the event that the contractor's carrier did not pay for the repairs.
He discussed that provision with his insurance carrier, State Farm
Insurance, and they recommended to him that he not sign the document
in that form. The reason is that he would be assuming personal
responsibility for the repairs and in effect waiving his own
insurance coverage. I discussed the matter with the representative
of State Farm Insurance and they informed me that they do have an
open file on the subject and that his coverage is considerably
more the expected cost of repairs. Thus, ��e do have the protection
of his insurance as well as the contractor's insurance 4�hich has
been paying the expenses and I therefore recommend that the easement
in the original form be accepted.
JFC/b
cc: Public Works
P4r. Semmler
MTG. 1/ / /H S
DATE
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R6SOLUTIO'i V0.
AUTHORIZI:VG AGREEMENT FOR EXCHANGE OF EASEMENTS -
2734 SUMMIT DRIVE - JOB 411 �
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RESOLVED, by the CITY COU�CIL of the City of Burlingar.ie,
California, and this Council does hereby FI:ID, ORDER and DETERi4IcIE
as folloc�s :
1. Tne public interest and convenience require execution
of tne a�reement cited in the title above.
2. The City Manager be, and he is hereby, authorized
to si�n said agreement for and on ber�alf of the City of Burlingame.
3. The City Clerk is hereby ordered and instructed to
attest such signature.
I, JUDITH A. MALFATTI, City Clerk of the City of
Burlingame, do hereby certify that the £oregoing Resolution was
introduced at a regular meeting of the City Council held on the
Day of , and was adopted
thereafter by the following vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUPICILMEN:
City Clerk
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AGREEA1EtdT FOR EXCHANGE OF EASE'�IEI]TS
This Agreement entered into this day of
,198 , by and between the Citl of Burlingame,
a municipal corporation, hereinafter referred to as "City" and
CLIFFORD 24. and DOROTIiY A. S�P'L�1LER, hereinafter referred to as
i"Owner".
WHEREAS, ovmer has constructed a residence upon that '�;
parcel of property knocan as 2734 Surunit Drive (APN 027-221-270), �
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which residence is served by sewer facilities of the City, and i
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WHEREAS, due to damage during said residence construct- �
ion City has been recruired to relocate and reconstruct the sewer '
main serving said pronerty and other properties, and
WHEREAS, City is agreeable to a temporary sewer
connection of said premises providing that owner agrees to provide �
an easement for the permanent sewer main when it is constructed: i
idOW, TH�REFORE, it is AGREED by the parties hereto as ,
follows:
1. City will approve such temnorary sewer connections �
to its facilities as may be necessary to provide sewer service to
2734 Summit Drive.
2. Owner agrees that he cvill g=ant to City coithout �
cost, easements over and across 2734 Summit Drive as may be
necessary for the permanent location of the secaer line and for �
construction and maintenance of said sewer 1ine.
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3. City will abandon any easements and sewer facilities
no longer required. Owner agrees that all abandonded facilities
may be left in place.
4. This agreement shall be binding on the agents, 1�
successors and assigns of the Party and shall be recorded in the
office of the Recorder of the County of San �•7ateo.
IIQ WITNESS WFiEREOF, the parties hereto have executed '
this AGREEMENT on the day and year first above written. !
11/5/84
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CITY OF BURLINGAME
A Alunicipal Corporation
By
City Manager
ATTEST:
City Clerk
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CLIFFORD M. SEPIMLER
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DOROTHY A. SEt+II�1LER
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� STATEOFCALIFORNI�dR Mateo ) �
�� COUNTV OF
� �nvPmhPT' � � � 9 g 4 —. before me, �he undersigned, a Notary Public in and tor
! �" � Clifford M. and Dorothy A. Semmler***
� sai0 S�ate, personally appearetl
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� �.A�7w'�A.twV.al-:1."CL.'\'1r<.•�J�-�?.'�� ,
personalty known �o me (or provetl to me on the basis ot �����,� SEAL
satistactory edidence� to be the person(s� whosa name(s) �. YVOPINE R. HARTNETT � .
is/are subscribetl Io �ha withln instrument and acknowledged � NOTARY P'�'6LIC � CA�IFORNIA �
///��� � �� DRINC�PAL GFiICE IN i�
'� ` . • .�• SAN IMTEO COU,vTY , ��
lo me tha� helshetlhey execulad Ihe same. -"-• Naemba 15, 1985. �
My Commimon Exm�es
WITNESS my hand a�G oNicial seal.
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