HomeMy WebLinkAboutReso 6084-1973 RESOLUTION NO. 60R4
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING ACCEPTANCE
OF A RIGHT OF ENTRY FROM JOSEPH E.
SEAGRAM g SONS~ INC. ~ AND NUSBAUM-
LEVY COMPANY (OUTFALL FORCE MAIN
PROJECT NO. C-06-0656).
WHEREAS, the City of South San Francisco, a municipal
corporation, is the managing agent of the 0utfall Force Main
Project No. C-06-0656, and
WHEREAS, the acquisition of a Right of Entry from Joseph
E. Seagram $ Sons, Inc., and Nusbaum-Levy Company is neces-
sary for access to the Grant of Easement and said Right of
Entry, more particularly described in Exhibit A attached
hereto;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Manager of the City of South San Francisco
be and he is hereby authorized to accept from Joseph E. Seagram
$ Sons, Inc., and Nusbaum-Levy Company on behalf of the City
of South San Francisco, a municipal corporation, as managing
agent for the 0utfall Force Main Project No. C-06-0656, a
Right of Entry on the terms and conditions therein contained.
2. The City Clerk be and he is hereby authorized to
record or cause recordation of said Right of Entry in the
official records of the County of San Mateo.
I hereby certify that the foregoing Resolution was
regularly introduced and adopted by the City Council of
the City of South San Francisco at a regular
meeting held on the 21sT day of May , 19 75,
by the following vote:
AYES, COUNCILMEN PaTrick E. Ahern, Wl ll iam A. Borba,
F. Frank Mammini and Warren STeinkamp
N 0E S, " None
ABSENT ~ " None
EXHIBIT A
GRANT OF EASEMENT
JOSEPH E. SEAGRAM g SONS, INC., an Indiana corporation
as holder of the fee and NUSBAUM-LEVY CO., a California corpora-
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tion as. tenant (hereinafter individually and collectively called
"Grantor") grant to the CITY OF SOUTH SAN FRANCISCO, a municipal
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corporation (hereinafter called ".City"), acting as managing agent
for 0utfall Force Main prOject C-06-0656, an easement for sanitary
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sewer purposes along and across that certain strip of land located
in the City of South San Francisco, County of San Mateo, State of
California, more particularly described in Exhibit A, attached
hereto and hereby incorporated herein.
__ II.
The Permanent Easement herein granted is for the purpose
of constructing, placing, operating, maintaining and replacing
from time to time as necessary an outfall force main sewer line
to be constructed in accordance with the plans for the constrUction
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of "Projec~ Unit No. 2, Outfall Force Main~ A Component of the
Phase I project for the Wastewater Management Program of the South
San Francisco - San Bruno Sub-regional Area," prepared by Jenks g
Adamson, Consulting Sanitary g Civil Engineers, Palo Alto, California,
dated April, 1972 (hereinafter called the "Construction Plan"),
except that said outfall force main sewer line shall not exceed
five feet six inches (5'6") in diameter and shall be placed in the
--- easement so that the centerline is situated three feet (3') from
the southwesterly boundary of said easement.
III.
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All work of construction, placement, operation, main-
.tenance and replacement shall be per£'ormed by City without cost
or expense to Grantor and without interference with existing utility
installations, shipment ramps used in connection with improvements,
existing driveways or roads unless appropriate steps are taken to
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insure that there shall Be no interruption of utility service or
inter£erence with access to all entrances (including delivery and
shipment ramps) to the property or to improvements thereof affected
by the work of construction. Utility installations, driveways,
roads and landscaping shall be restored at the expense of City to
their condition prior to performance of the work. The work shall
be performed in a good, sufficient and workmanlike manner in accord-
ance with the Construction Plan· ~
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IV.
From and after installation of the force main, Grantor,
its successors and assigns, shall not have the right to construct
or place building structures within the Permanent Easement Area
but shall have the right to utilize the Permanent Easement Area
for other uses so long as those uses are not incompatible with the
use and maintenance of the force main and appurtenances, said
rights of use by Grantor to include the right to traverse the ease-
ment area with rail trackage, driveways, utility installations,
storm drains and culverts, the right to place landscaping thereon,
to encroach thereon with banks and slopes and for other purposes
not inconsistent with the rights granted to City hereunder.
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This easement is granted subject to all easements, cove-
nants, conditions and encumbrances of record and the lease, dated
November 18, 1971, by and between Joseph E. Seagram $ Sons, Inc.
and 'Nusbaum-Levy Co.
VI.
Grantee shall compensate the vestee of the fee simple
interest of the property subject to the easement for the necessary
limitation of use of such property and property adjacent thereto
owned by such vestee in a reasonable amount mutually satisfactory
to such vestee and Grantee. If such vestee and Grantee are unable
to agree upon such a reasonable amount, the reasonable amount of
compensation shall be determined by arbitration in the County of
San Marco, State of California, in accordance with the laws of said
state by three (~) arbitrators to be appointed pursuant to the rules
of the American Arbitration Association, and said arbitration shall
be conducted in accordance with the rules of said Association. The
decision and award made by said arbitrators shall be final, binding
and conclusive upon all parties, and judgment shall be rendered
thereon upon application of either party by the Superior Court of
the State of California in and for the County of San Mateo or
any other court having~jurisdiction in such case. The 6osts of
arbitration shall be borne and paid one-half by vestee and one-half
by Grantee herein.
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of Easement this
IN WITNESS WHEREOF, Grantor has executed this Grant
day of , 19 .
Grantor
JOSEPH E. SEAGRAM & SONS, INC.,
an Indiana corporation
By
NUSBAUM-LEVY CO., a California
corp orati on
Grantee
THE CITY OF SOUTH SAN FRANCISCO,
a municipal corporation
By
EXHIBIT A TO GRANT OF EASEMENT
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-.. "'~'":..-" ' ' '..'.'- ..' "" · ' . City o~ South San Francisco
-"-.- ' · '-' ..... .... · Outfall Force ~fain
'";". '":' '":'" '"' ' ' ' ' ' - -' Project Unit No. 2
.?... '.o ~ , ;.o'.. ' . . . ..
::' .. ~ . ' "' ' ' Project Parcel No. 2
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"'-. :'"':' '. · '.~ Portion of ~ses$or~$ Parcel No. 1~.-154-15 ' '
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f: ' ,..i. ': " ': ' '
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-:.~....-.... ~?oscription of Permanent Ten Foot Easement
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Lands of Joseph E. Seagram ~ Sons, Inc.
; ...-;...~- · - ..: o
· :....-. .... ". A portion of Lot 13 in Block 3 as delineated on the map entitled "South San
....... '" ':'' Francisco Industrial Park Unit No 2-D, South San Francisco, San Marco County,
:...,..:..:--: ..i'"....' California," which map was filed for record in the office of the County Recorder
~.:.j.".': .-.'.. of said County in Vol. 52 of biaps at Pages 41 and 42, and being a strip of land
' '?.':"-'. :'-" 10.00 feet in width lying Northeasterly of and adjacent to the Northeasterly
:'~.~ ..~_ii..'i-...--..i boundary, line of that certain. 3.00 foot wide Easement for pipelines described
· . as Parcel 2 in the Deed recorded in Book 3697 of Official Records of San ,~Iateo
'' :"" County at Page 721 and extending fro'm the Southeasterly line of Litt].efield Avenue
"- . .... to the Northwesterly line of said Lot 13. "
-.
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'.~':.:-.... ,'.. Containing an area of 0.0925 Acres (4028 square feet) more 6r less.
RIGHT OF ENTRY
Joseph E. Seagram & Sons, Inc. ("Seagram") and
and Nusbaum- Levy Co. ("Levy") do hereby grant to the City of
South San Francisco ("City"), upon the condition herein
below set forth, the Right of Entry over, across, under and
through the 25 foot strip of land immediately adjacent to
and~.to the east of the permanent ten (10) foot easement
'granted or to be granted,to the City and described in
Exhibits A and B hereto. This Right of Entr~ is for the
e~
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purpose of constructing and placing an outfall force main
sewer line in the above-mentioned permanent.easement in
accordance with the plans for the construction of "Project
Unit No. 2, Outfall Force Main, A Component of the Phase I
Project for the Wastewater Management Program of the South
San Francisco - San Bruno Sub-regional Area" prepared by
Jenks & Adamson, consulting Sanitary & Civil Engineers,
dated April, 1972, and shall be effective from and .including
the date of acceptance of the obligations hereinbelow set
forth to and including Sept. 30, 1973. The grant of this Right
of Entry is conditioned upon the acceptance by the City of
South San Francisco of each and every of the following
obligations.
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1. City shall, within fourteen (14) days after
commencement of construction, complete or cause to
be completed all excavation, placement of pipe, back-
fill, and temporary repaving. Such temporary repaying
shall utilize an asphaltic material customarily
regarded as substantial for this purpose. If work
once commenced cannot progress due to circumstances
reasonably beyond the control of the City, City
shall immediately recommence work upon the removal
of such circumstances and this Right of Entry shall
remain in effect so long as reasonably necessary to
complete the work. ·
2. City shall, wi. thin the aforementioned
fourteen (14) day period and except as provided in
paragraph 6, replace a'nd restore or cause to be
replaced and restored to original or better condition
any and all existing facilities, including land-
scaping that may be removed, altered or damaged as
a direct or indirect result of construction.
B. City shall maintain or cause to be main-
'tained normal vehicular access to the "in" and
"out" ramps appurtenant to the improvements shown
on Exhibit B hereto at all times durinE construction
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and shall cooperate with and require all persons in-
volved in construction to cooperate with Seagram and
Levy in avoiding any interruption of utility service
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or the normal business activity conducted uoon the
premises by Seagram and Levy or either of them.
4. City shall conduct such construction or
cause such construction to be conducted with minimal
inconvenience to adjacent business and residents,
including but not limited to controlling any dust
generated by excavation or backfill operations.
5. City shall give not less than ten (10)
days written notice to Seagram and Levy prior to
commencement of construction, unless otherwise agreed
by Seagram and Levy in writing.
6. City shall~provide or cause to be orovided
permanent resurfacing o.f all blacktoo r~moved or
damaged during construction, including all oainting
of parking lines and ~arks, within two (2) months
after temporary repaving as ,orovided in para~raoh 2
hereof is completed. Such surfacing shall be restored
to, original or better condition. Ten (10) days'
written notice shall be given to Seagram and Levy
prior to such permanent resurfacing. This Right of
'Entry shall revive for purposes of such repaving upon
the receipt of timely notice.
?. City shall save Seagram and Levy harmless
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from and against any loss or expense directly or
indirectly arising out of or in any way related to
work performed by or caused to be performed by
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City on property owned by Seagram or leased by Levy,
including without limiting the generality of the
foregoing any loss arising out of failure to adequately
provide necessary lateral 'and subadjacent support
to earth and improvements located in the vicinity
of the work.
The above obligations shall be acceoted by
execution by the City in the space indicated below and
delivery of two duolicate originals of this Right of Entry
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to Seagram and Levy in care of Mr. Thurmond Geary, 164
Marco Way, South San Francisco, California 94080.
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Joseph E. Seagram & Sons, In.c. Nusba'um-Levy Co.
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By By
Accepted:
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THE CITY OF SOUTH SAN FRANCISCO
By
Its
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EXHIBI~' A TO RIGHT OF ENTRY
City o~ South San Francisco
Outfall Force Main
Project Unit No. 2
· Project Parcel No. 2
Portion of Assessor's Parcel No. 15-154-13
, .
Lands of Joseph E. Seagram ~ Sons, Inc.
Description of Permanent Ten Foot Easement
A portion of Lot 13 in Block 3 as delineated on the map entitled "South San
Francisco Industrial Park Unit No. 2-D, South San Francisco, San Mateo County,
California," which map was filed for record in the office of the County Recorder
of said County in Vol. 52 of Maps at Pages 41 and 42, and being a strip of land
10.00 feet in width lying Northeasterly of and adjacent to the Northeasterly
,. boundary line of that certain 3.00 foot wide Easement for pipelines described
as Parcel 2 in the Deed recorded in Book 3697 of Official Records of San bMteo
County at Page 721 and extending from the Southeasterly line of Littlefield Avenue
to the Northwesterly line of said Lot 13.
Containing an area of 0.0925 Acres (4028 square feet) more dr less.
.. Description of Righ.~ of Entry
A temporary easement in said Lot 13 for construction purposes, terminating at the
end of constructior~ being a strip of land 25.00 feet in width lying Northeasterly
of and adjacent to the Northeasterly boundary line of the 10.00 foot wide Permanent
Easement described above.
Containing an area of 0.2292 Acres (9,985.75 square feet) more or less.
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EXHIBIT B TO RIGHT OF ENTRY
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\t/lei? 1¢0. 2-/.,"
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/-~,~/,-,7,/
CiTY OF SOUTt-I SAN FR "" '"'"" c"""'"
OU'FFALL
FORCE MAll,,!
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1972
PARCEL NO ........ Z .........
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