HomeMy WebLinkAboutReso 6085-1973 RESOLUTION NO. 6085
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING ACCEPTANCE
OF A GRANT OF EASEMENT 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 for the Outfall Force
Main Project No. C-06-0656, and
WHEREAS, the acquisition of easements for access to San
Francisco Bay and for the purpose of installation of sanitary
sewer pipe conduits is a necessary element of the Outfall
Force Main Project, and
WHEREAS, the Grant of Easement required of Joseph E.
Seagram $ Sons, Inc., and Nusbaum-Levy Company is more par-
ticularly described in Exhibit A attached hereto;
NOW, THEREFORE, BE IT RESOLVED that:
1. The City Manager be and he is hereby authorized to
accept the Grant of Easement on behalf of the City of South
San Francisco, a municipal corporation, as managing agent
for the Outfall Force Main Project No. C-06-0656, execute the
acceptance thereof, and acknowledge same.
2. The City Clerk be and he is hereby authorized to
record or cause recordation of said easement 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
regul ar
, 19 73
the City of South San Francisco at a
meeting held on the 21st day of May
by the following vote:
AYES, COUNCILMEN
Patrick E. Ahem, Nilliam A. Borba,
F. Frank Mammini and Warren Stei~kamp
NOES, " 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
corporation (hereinafter called ".City"), acting as managing agent
for Outfall Force Main Project C-06-0656, an easement for sanitary
· 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, 0utfall 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 $ 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. -
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III.
,
A11 work o£ construction, placement, operatio.n, main-
~tenance and replacement shall Be per£ormed By City without cost
or expense to Grantor and without inter£erence with existing utility
installations, shipment ramps used in connection with improvements,
existing driveways or roads unless appropriate steps are taken to
insure that there shall Be no interruption o£ utility service or
inter£erence with access to all entrances (including delivery and
shipment ramps) to the property or to improvements thereo£ aF£ected
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. -~
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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V®
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 Mateo, State of California, in accordance with the laws of said
state by three (3) arbitrators tO be appointed pursuant to the rules
of the American Arbitration Association, and said arbitration shall
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be conducted in accordance with the mules 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
th,Peon upon application of either party by the Superior Court of
the State of California in and for the County of San Marco 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.
.t
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 C0., a California
corporation
Byf
Grantee
THE CITY OF SOUTH SAN FRANCISCO,
a municipal corporation
By
EXHIBIT A TO GRANT OF EASEMENT
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i "-":':":' · '-. Portion of Assessor's Parcel No 15-154-13
, .-' . .,.... ··o- .3'.-i'· :~ .,.', . .
' ~ ..:'. ' - ~"7 ..... :' '' . ...~ ...-.: ''.. ,
-:.-'..'...-.:.i.:.i..~'- .' .." :. :i . ..
City o~ South San Francisco
Outfall Force ~fain
Project Unit No. 2
Project Parcel No. 2
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Lan4s of Joseph E. Seagram ~ Sons, Inc.
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· :.,..:- . .. ,,Description of Permanent .Ten Foot Easement
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':'"'f'-'.-.. ".. A portion of Lot 15 in Block $ as delineated on the map entitled "South San
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......... .'~' .:... 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
'!.~".i:!!': , :. t)f said County in Vol. S2 of Maps at Pages 41 and 42, and being a strip of land
' "~ :'-'- :'"'-IO.O0 feet in width lying Northeasterly of and adjacent to the Northeasterly
:'~--.'..~,..,.--,~ boundary line of that certain. 3,00 foot wide 5asement for pipelines described
~".'. ~:....: ~u~ Parcel 2 in the Deed recorded in Book 3697 of Official Records of San ,~[ateo
I" .' County at Page 721 and extending fro'm the Southeasterly line of Littlefield 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.
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