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.