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HomeMy WebLinkAboutReso 138-1975RESOLUTION NO. 138-75 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO,STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF CITY OF SOUTH SAN FRANCISCO'S RIGHT OF WAY AGREEMENT WITH CALIFORNIA WATER SERVICE COMPANY--REALIGNMENT OF OLD MISSION ROAD. BE IT RESOLVED by the City Council of the City of South San Francisco that execution of the Agreement entitled "City of South San Francisco Right of Way Agreement" between California Water Service Company and the City of South San Francisco, a municipal corporation, a copy of which is attached hereto as Exhibit "A", is hereby authorized, and the Mayor is authorized to execute said Agreement on behalf of the City, and the City Clerk attest his signature thereto. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Fran- cisco, at a regular meeting held on the 3rd day of September , 1975, by the following vote: AYES, COUNCILMEN Richard A. Battaglia, F. Frank Mammini, Terr~ J. Mirri, Leo Padreddii and Warren Steinkamp NOES, " ABSENT, " None None ATTEST: m [] ~ml ~mm EXHIBIT"A"TO RESOLUTION NO. 138-75 ADOPTED THE 3rd DAY OF September,1975. South San F: .:ncisco, California September 3 Project: New Mission Road , 1975 Lands of California Water Service CITY OF SOUTH SAN FR~CISCO RIGH~ OF WAY AGREEMENT A Deed dated /~z,.~..~ z'z~ /~ , has been executed by the California Water Service C~mpany, ~ereinafter called "Company'.' and delivered into escrow with San Mateo County Title Company, Middlefield Road at Marshall Street, Redwood City, Ca. conveying certain real property to the City of 'South San Francisco, hereinafter called "City". In consideration of which, and the other considerations 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 and shall relieve the City of all further obligations or claims on this account, or on account of the location, grade, construction or operation of the proposed public improvement. 2. The City shall: A. Pay all escrow, recording and title insurance charges, if any incurred in this transaction, excluding therefrom any reconveyance, trustees, or forwarding fees for any full reconveyance of deed of trust or full releasc of mortgage. B. Pay the sum of $ 82,063 for the property described in said document to the following title company: San !~ateo County Title Cc~.noany for the account of the grantor, Escrow No. 234089, conditioned upon the property vesting in the City free and clear of all liens, -leases, encumbrances, easement (recorded and/or unrecorded), assessments, and taxes, except: 1) Taxes for the fiscal year in which this escrow closes shall be cleared and paid in the manner required by Section 4986 of the Revenue and Taxation Code, if unpaid at the close of escrow. 2)~ Typewritten exceptions numbered -4, 5, 6, 7, 8, 10 & 12 'listed in the title report relating to the subject property issued Dy the above identified Title Company bearing the escrow number sho~mn in paragraph 2B and dated July 28, 1975. 3. Company, at no expense to the City, exq~ressly covenants to cause any or all mortgages or Deeds of Trust, including modifications, amendment§' and supplements thereto, which affect the property to be conveyed in this transaction to be released, reconveyed or subordinated and recorded at close of escrc~. Company warrants that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the Company further agrees to hold the City harmless and reimburse the City for any and all losses and expenses occasioned by reason of any lease of said property held by any tenant of Company for a period exceeding one month. 5- Permission is hereby granted to the City or its authorized agent to enter upon Company's land, where necessary, for the purpose of conforming Company's existing driveways with the new grade of the street. Company understands and agrees that upon completion of the work described in the above paragraph, said driveway located upon the Company's land shall be considered as the sole property of the Company, the maintenance and repair of said property to be that of the Company. 6. Company 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 Company also waives all claims to court costs and any money that may now be on deposit in the Superior Court in said action. ?. Company acknowledges that they~ave been informed that both the San Mateo County Flood Control District and the City will be constructing their proposed improve- ments in different phases. The first construction contracts call for the re- placement of the Chestnut Street Bridge and the reconstruction of the confluence of Twelve-Mile Creek and Colma Creek as a District project and the realignment of Mission Road as a City project. 8. Company grants City the right, from time to time, to place clean fill material on the Company-owned land between new Mission Road and Colma Creek. Said material will be neatly placed to the elevation of new Mission Road and graded to drain. All filling shall be done from north to south unless written permission is first obtained from the Company. City's right under this paragraph shall expire December 31, 1978. Company grants to the City the right to extend and maintain 3:1 embanknnent slopes on Company's land beyond the limits of the property described in the Deed reserving unto the Company, their successors or assigns the right at any time to remove such slopes or portions thereof upon removing the necessity for main- taining such slopes or portions thereof or upon providing in place thereof other adequate lateral support, the design and constructiOn which shall be first approved by the City, for the protection and support of City's public streets and appurtenant facilities. 10. As a further consideration to California Water Service Company for entering into this agreement, City agrees to reimburse Company for the cost of drilling and equipping a new well and associated connecting water pipes as described in Exhibit A.. The new well is to replace an existing well belonging to Company which will be damaged by construction to be done by City. City's expense shall not exceed $125,000. City agrees to promptly process the applications for all permits necessary to allow construction of the well described in this paragraph. 11. City agrees to reimburse California Water Service Company for added expense to Company, if any, caused by additional purchase of water from San Francisco Water Department. Additional purchaseof Mater, if any, will occur because of decreased production of Company's well field during a period when Well -2- 1-18 is shut down because of City's construction activity and before the new well provided for in Paragraph 10 is in production. Decrease in pro- duction of the well field shall be calculated from the average production during'a comparable period based on average production for the five-year,.~ · Period shown in Exhibit B but shall not'exceed the production of Well -..~ 1-18 during the same comparable period. Compensation to Company for addi- tional water purchase shall be at the applicable San Francisco Water Department rate. City's expense shall not exceed $30,000. 12. City acknowledges its obligation to reimburse Company for Company's costs to relocate the existing fire hydrant located on the Northerly corner of Missiom Road and Oak Street and the existing fire-service to the Santo Cristo Hall. The metho~f~w~r? and arrangement for payment shall be agreed upon, by letter between~lot~i~ and comPany before work Shall begin. City agrees that upon abandonment of the existing Oak Street in front of Santo Cristo Hs/1 that City will reserve a 10-foot public utility easement parallel to the existing Northwesterly line of Oak Street. 13. Pursuant to Company's request, City agrees to install at no expense to the Company a steel casing 18 inches in diameter, 1/~ inch thick and 100 feet long at Station 16 + h0 so that Company's water lines can be accommodated. 1~. City shall have the right to delay execution of this Agreement for a period not to exceed 60 days after this Agreement is executed and delivered by the .Company. If the .Agreement is not executed by the City within 60 days, Company shall have the right to rescind. -5- City shall require its Contractor to procure and maintain in full force and effect such insurance as will fully protect City and California Water Service Co. against any and all claims of whatever kind, made by anyone whomsoever, for damage to property or for personal injury, including death, which may -arise from the activities of City, its Agents or Contractors arising out of or connected -~ith any activity referred to in this agreement. Such insurance shall have a combined single limit of not less than $1,000,000 and shall name California Water Service Co. as additional insured. City shall require its Contractor to furnish California Water. Service Company with a. certificate .-of insurance prior to the commencement of any such activity. 16. As part of the consideration of the Agreement, City agrees to construct the proposed improvements in substantial conformity with the plans prepared in the spring of 1975, by Wilsey & Ham and by Resources Engineering and Management Co. ,? IN WITNESS ~U{EREOF, the parties 'have executed this Agreement the day and year first above -,~rritten. REC0~4MENDED FOR ACCEPTANCE: County Right of~ Wa~ Agent CALIFORNIA WATER SERVICE CO~ANY CITY BY .~~H SA~ F~m~W~-~C0., ATTEST: NO OBLIGATIONS OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED.