HomeMy WebLinkAboutReso 145-1982RESOLUTION NO. 145-82
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION ACCEPTING SURFACE DRAINAGE
EASEMENT FROM THE PROPERTY OWNERS OF
PARCEL 2 OF THE MISSION ROAD TRACT
that'
BE IT RESOLVED by the City Council of the City of South San Francisco
1. Acceptance of Grant
The Grant of Surface Drainage Easement from the property owners of
Parcel 2 of the Mission Road Tract to the City of South San Francisco is hereby
accepted.
2. Recordati on.
The City Clerk is authorized to record or cause recordation of said
Grant of Surface Drainage Easement in the Office of the County Recorder of San
Mateo County.
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 17th day of November , 1982, by the following
vote'
AYES' Councilmembers Ronald G. Acosta, Mark N. Addiego,
Gus Nicolopulos; and Roberta Cerri Teqlia
NOES' None
ABSENT' None
ABSTAINED: Councilmember Emanuele N. Damonte
After recordation return to'
City Clerk Barbara A. Battaya EXHIBIT "A" TO RESOLUTION NO 145-82
P.O. Bax 711 adopted 11/17/82 '
Sout~h San,Francisco, CA~ 94080
Governmental entit~ ~cquirin{i ~le.
· GRANT OF SURFACE DRAINAGE EASEMENT ~'~x exemut eruptive November 10, 19Gl{
This indenture, made this day of }~ ~ , 19j/~-~,
between Emanuele N. Damonte and Carolyn C. Damonte, hereinafter called GRANTORS,
.
and the City of South San Francisco, a Municipal Corporation of the State of
California, hereinafter called CITY.
WITNESS the followi'ng, that GRANTORS do hereby grant and convey to the
CITY and its successors, and assign to the CITY a temporary easement with
right of ingress and egress, for the purpose of constructing, maintaining, re-
pairing and prOtecting a surface drainageswale within the easement delineated
on the map as "Easement to be Granted," attached hereto and designated Exhib.it
"A," as "Surface Drainage Easement," said easement being situated in the City
of South San Francisco, County of San Mateo, State of California, being more
particularly described as follows:
EASEMENT TO BE GRANTED
Commencing at the northwest corner of Parcel 2, as shown on that
certain map entitled "Parcel Map, Mission Road Track, South San
Francisco, San Mateo County, California, Being a Resubdivision of
the Land Described in the Deed Conveyed to John Musante, Recorded
in Volume 7605, Official Records of San Mateo County, at Page 86,
Together with the Lands Described in the Deed conveyed to S. Musante
Recorded in Book 178 of Deeds at Page 257," thence from said point
S 42o 17' 27" E 15.10 feet to a point on the northeasterly line of
said parcel, thence S 41o 10' 43" W 126.54 feet to a point on the
southwesterly boundary of said parcel, thence northwesterly 15.02
feet along a curve to the left, a tangent at said point bearing
N 510 20' 48" W, having a radius of 5,759.65 feet and a central
angle of 00o 08' 58", to the southwest corner of said parcel,
thence N 410 10' 43" E 128.95 feet to the aforesaid point of
beginning.
The easement granted herein shall not be used to build or construct
any permanent structure excepting surface drainage facilities related to the
use of said easement and lawful fences or similar minor structures.
This easement shall terminate automatically upon the installation by
CITY of a permanent subsurface drainage facility constructed for the purpose
of ameliorating subsurface runoff in the vicinty of Mission Road and Evergreen
Drive in the City of South San Francisco. Upon such termination, GRANTORS
shall resume responsibility for maintenance of the surface drainage swale
constructed pursuant to this easement and shall thereafter hold harmless the
CitY of South San francisco and its elective and appointive boards, commissions,
officers, agents and employees from any suits or actions at law or in equity
for any damages which may in any way arise from the actual or alleged negli-
gent design, construction or maintenance of said surface drainage swale by
the City of South San Francisco, its employees, agents or contractors.
NOthing contained in this document shall in any way affect the rights
of the parties in the matter of Emanuele N. Damonte v. City of South San Fran-
cisco, which action is currently pending in the Superior Court of California,
County of San Mateo (No. 266318).
All of the rights, or any herein granted by this instrument to said
CITY may be assigned without warranty, express or implied to any person, firm
or corporation authorized by law to operate or maintain public drainage and
related facilities, at the option of and on such terms and conditions as may
be designated by the CITY.
Acknowledgment' General
State of...~..~/...~.~....~ .......................................... ',} ss.
C°u~Yis°)~~.'~'""'"~~a'~ o]~f .~.'."~."~ ......... i~'"~ year ~..~ ..... before me~./li,~,~,~s'~~~i~
· ;;ho~6~.bj~...~o~.~.~fi]~..~;.~ ,~ E;~; ...................... ,pe rs onat ty pkPn o~v~-~;~ ~d;q (/~'~ '~' 'rg~4t0ob0m~ee on the basis of
satisfactory evidence) to be the person whose name
, .~....~L 9~._*""~ OFFICIAL SEAL ~
~ L~'~:~8/ Principal Office in SAN MATEO Couaty ~
J ~~/ My Commission Expires Feb. 17. 1~ $
(~EA~)
A~ORN~YS PRINTING SUPPLY FORM NO. 6
CC 1~89 ~REV. ]9B2)
is subscribed to this instrument, and acknowledged
that he (she or they) executed it.
Notary Public to ~.~orma
i.
W
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PARCEL 2 of "PARCEL ~,IAP, MZSSION ROAD TRACT, SOUTH SAN FRANCISCO,
',SAN MATEO COUNTY, CALIFORNIA, BEI~{~ A RESUBDIVISION OF THE LAND
DESCRIBED IN THE DEED CONVEYED TO JOHN MUSANTE, RECORDED IN VOLUME 7605,
OFFICZAL RECORDS OF SAN MATEO COUNTY, AT PAGE 86, TOGETHER WITH
THE LANDS DESCRIBED IN THE DEED CONVEYED TO S. MUSANTE RECORDED IN BOOK
178 OF DEEDS AT PAGE 257."
MISSION
ROAD
EXHIBIT "A"
SURFACE DRAINAGE EASEMENT
I