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HomeMy WebLinkAboutReso 5888-1972 RESOLUTION NO. 5888 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING GRANT OF CONVEYANCE OF AN EASEMENT TO SOUTHERN PACIFIC COMPANY - BENNETT g KAHNWEILER INDUSTRIAL PARK. BE IT RESOLVED by the City Council of the City of South San Francisco that execution of the grant of easement whereby the City conveys said easement to Southern Pacific Transpor- tation Company, a Delaware Corporation, as set forth in Exhibit "A" attached hereto, is hereby authorized-and the Mayor and City Clerk are authorized to execute said grant of easement on behalf of the City and the City Clerk is further authorized to record or cause recordation of said grant of easement in the official records of the County of San Marco through Title Insurance and Trust Company escrow No. 404129, providing for delivery and recordation thereof when said title company can contemporaneously deliver a grant deed to parcels A and B as set forth in Exhibit B attached hereto. I hereby certify that the foregoing Resolution was regulamly introduced and adopted by the City Council of the regu~ ar meeting held City of South San Francisco at a on the 5,h day of Ju~¥ lowing vote: AYES, COUNCILMEN II NOES, ABSENT, " , 19 72 , by the fol- Pa,rlck E. Ahern, William A. Borba, F. Frank Mammlni and Warren S,einkamp None r Gordon T. 8obi I ATTEST: erk EXHIBIT A RESOLUTION 5888 GRANT OF EASEMENT The CITY OF SOUTH SAN FRANCISCO, a municipal corporation, here- in termed "Grantor", hereby grants to SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation, herein termed "Grantee, an easement for railroad and transportation purposes on, in, over, across and along the following described real property: ~All that certain real property situate in the City of South San Francisco, County of San Mateo, State of California, more particularly described as follows: Beginning at a point on the east line of Kimball Way (60 feet wide), which point is distant South, 224.23 feet and West, 1109.63 feet from a granite monument set 10 chains (660 feet) North of the corner common to Sec- tions 22, 23, 26 and 27, Township 3 South, Range 5 West, Mount Diablo Base and Meridian and running thence South, along said east line of Kimball Way, 5.67 feet; thence continuing alon, g said east line of Kimball Way, South 8°09'13'' West, 10.98 feet to a point of curvature; thence leaving said east line of Kimball Way along a curve to the right from a tangent bearing North 69°25'58" West, having a radius of 390.25 feet, through a central angle of 9°30'11'', an arc length of 64.73 feet to a point on the west line of Kimball Way (60 feet wide); thence North, along said west line of Kimball Way, 18.63 feet to a point of curvature;, thence leaving said west line of Kimball Way along a curve to the left from a tangent bearing South 58°30'03'' East, having a radius of 374.25 feet, through a central angle of 10"15'58'', an arc length of 67.06 feet to the point of beginning. Subject to easements, covenants, conditions, reservations and restrictions of record. Upon completion of installation of crossings, Grantee, at its expense, shall maintain all tracks and the portions of crossings within lines two (2) feet outside the rails. Grantor, at its expense, shall maintain all drainage facilities and the portions of the cross- ings beyond lines two (2) feet outside the rails. Grantor agrees to reimburse Grantee for any and all assessments which may be levied by order of any authorized lawful body against the property of Grantee (and Which may have been paid by Grantee) to defray any part of the cost or expense incurred in connection with the construction or reconstruction of crossings upon said property commenced within one (1) year of the date of this instrument. IN WITNESS WHEREOF, Grantor has caused these presents to be executed this day of , 1972. CITY OF SOUTH SAN FRANCISCO, a municipal corporation, By Mayor Clerk Description Approved: Louis H. Goss -2- EXHIBIT B RESOLUTION 5888 GRAlqT DEED SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation, herein termed "Grantor", hereby grants to the CITY OF SOUTH SAN FRANCISCO, a municipal corporation of the State of California, herein termed "Grantee", the .following described real property: Those parcels of land situate in the City of South San Francisco, County of San Mateo, State of California, described as follows: Parcel A: Beginning at a marble monUment marking the easterly terminus of a course bearing South 79°24'50'' East and a ' distance of 366.251 feet described for Parcel 2 in Deed dated June 7, 1950, recorded June 13, 1950, in Book 1876, page 204, Official Records of San ~.ateo County, being also in the westerly line of a 60.00 foot wide roadway, known as Kimball Way; thence North along said westerly line 9.96 feet; thence along a tangent curve to the left having a radius of 30 00 feet, through a central angl.e of 90°00' · , an arc length of 47.12 feet to a point in the southerly line of East Grand Avenue; thence East, along said southerlY line, 120.00 feet; thence leaving said southerly line and running southwesterly along a curve to the left from a tangent bearing West, having a radius of 30.00 feet, through a ~central angle of 90°00', an arc length of 47.12 feet; thence South, 21.18 feet; thence West, 9.95 feet; thence North 77" 21'48" West, 51.29 feet to the point of beginning. Parcel B: Beginning at a marble monument marking the easterly terminus of a course bearing south 79"24'50'' East and a distance of 366.251 feet described for Parcel 2 in deed dated June 7, 1950, recorded June 13, 1950 in Book 1876, page 204, Official Records of San Mateo County, being also in the westerly line of a 60.00 foot wide roadway, known as Kimball Way; thence South along said westerly line, 74.634 feet to the true point of beginning; thence South 46"05'00'' East, leaving said westerly line, 77.826 feet to a point in the easterly line of said 60.00 foot wide road- way; thence South 8~09'13'' West 19.718 feet; thence North 46"05'00" West, 73. 949 feet to a point in the aforesaid westerly line, distance South, 22.211 feet from the point of beginning; thence North, along said westerly line, 22.211 feet to the true point of beginning. Excepting from Parcels A and B that portion of said property lying below a depth of five hundred (500) feet measured vertically from .the contour of the surface thereof; provided, however, that said grantor, its successors and assigns, shall not have the right for any and all purposes to enter upon, into or through the surface or the portion of said property lying above 500 feet, measured vertically from the contour of the surface of said property. Subject to easements, covenants, conditions, reservations and restrictions of record. IN WITNESS k~tEREOF, Grantor has caused these presents to be executed this day of , 1972. DescPiption AppPoved: Louis H. Goss SOUTHERN PACIFIC TRANSPORTATION COMPANy By (Title) Attest Assistant Secretary STATE OF CALIFOP~IA COUNTY OF SS. On before me, the undersigned, a Notary Public in and for said State, personally appeared' known to me to be the President, and known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be 'the persons who.executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant Go its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Notary Pub lic ·