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Home My WebLink AboutReso 49-1984RESOLUTION NO. 49-84 A RESOLUTION APPROVING THE FORM OF A GRANT OF EASEMENT BETWEEN THE CITY AND COUNTY OF SAN FRANCISCO AND PRO- PERTY OWNERS SEEKING FUNDING OF THE LOCAL SHARE OF PARTICIPATION IN THE NOISE INSULATION PROGRAM that: BE IT RESOLVED by the City Council of the City of South San Francisco 1. Approval of Grant of Easement. The form of the "Grant of Easement (Public Utilities Code Section 21652)" to be entered between the City and County of San Francisco and property owners who intend to gain funding from the City and County of San Francisco of the twenty percent (20%) local share of a publicly funded program which'.will cause changes to be made to said owner's property resulting in the attenuation of aircraft noise currently imposing on the interior of the structures located thereon is hereby approved, and a copy of said Grant of Easement is attached hereto as Exhibit "A". 2. Forwarding for Approvals. The Mayor is authorized to forward said Agreement to the City and County of San Francisco and the Federal Aviation Administration wi~h a letter requesting their respective approvals of said form. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at an ad.i. regular meeting held on the 18th day of April , 1984, by the following vote: AYES: Councilmembers Mark N. Addiego, Richard A. Haffey, Gus Nicolopulos; and Roberta Cerri Teglia NOES: None ABSTAIN: Councilmember Emanuele N. Damonte · City C1 erk EXHIBIT "A" TO RESOLUTION NO. 49-8¢ GRANT OF EASEMENT (Public Utilities Code .-.~c~.~o~ 21652~ lhis indenture'~ made this ....... day of .... .- .......... , · . (hereinafter-"GRANTORS") and the City and Cou'n~ty of Sa~ F-r',r~cisco; ~. political subdivisio= of the State of California (hereinafter "C[IY'}Z- . ~HEREAS¢ G~NTORS. are 'the owners of ths¢ c.m~ain real.prope~ - . and more particularly described in [xhibit "A'~' attached hereto ,nd 6~ th~s referer~re incorporated herein as'thOugh set forth verbatim '(herdina~l:er . -, . WHER~S; GRANTORS have been offered the opportua~ty to participate in a publicly - funded program which will cause changes to be made the attenuation of aircraft noise currently imposing on tl, e interior of the'structure- . located on Grantors' Property {hereinaften 'q~OiSe. Insu~lation Program');~ and' · WHEREAS; the funding source for~said b~oise Insula~tion-I'rogram ~ill include .. eighty 'percent funding from the United States Government pursuan~ to.~e Aviatiorr Safety:and Noise Abatement'Act of 1979 {co)~nencing a~ 49 l)ZSZC~. Section 2101) ~nd~ twenty percent funding from CITY; actin~.~.its capacity' ~ ~he o~e~ ~d opereto~ of the San..Francisco International Airport (hereinafter "SFO");: and WHEREAS; CITY requires as 'a condition precedent t° its .participat-ion in said .. Noise Insulation Program that GRANTORS provide CITY with an easement upon Grantors'~ · Property to permit imposition upon such property of vibration~ .discomfort~ incon- venience~ interference With use and enjoyment~ and any con. seq~en~ reduction in market o . Value~ all due to excessive noise resulting from the'operation of*aircraft to ~nd - from SFO;.and WHEREAS, Section 21652 of'the Public Utilities Code of the State of-£alifornia: authorizes .CITY to obtain such easement~ NOW~ THEREFORE, IT IS HEREBY AGREED BY THE PARTIES ilERETI) 1. GRANTORS do hereby grant and convey to' CI~Y' and its suc¢,essor$.~ ~rl~ ..... assign ~o"CITY 'an' easement for the purpose of permit~n~ tion'~ discomfort~ inconvenience~, interfere,ce ~,~t~k ~s,~ consequent reduction in market value~ all due to e~cess~ve the operation of aircraft tO' 'an~ from SFO ~pon Grantors' and being more particularly described, as shown o~ Exhibit '~.' ~ttach~ hereto and- designated "Aircraft Noise Easement~" which Exhibit "~" ~as p~eviousls., imcorporate~. . herein by. reference. 2~ ~e easement' granted herein shall become effective ~n exertion of this- . Document by the G~NTORS and CITY and payment to G~NTORS 'by ~he ~I~ ~f a s~ of . money which is equal to twenty percent of the total, cos~ Project designed for Grantors' ProPerty and ~hat~: ~ermirsate l,~enty unless sooner terminated by action of la~ or as otherwise set fo,rth~ hereinZ . 32 It is agreed by the parties hereto that the ~nnual C~tnun~ty l~Oise Equivalent Level (CNEL) which reflects the level of' noise i~sin'g upo~ £rant~c, rs''~ · Property at the date t. his easement is executed ~s: _. 42' 'i'he level~ of aircraft noise which may impose upon Gr~,~tors' i¥ol~rty sh,ll . be the lesser of: : (a) ; or . (b) The lowest annual CNEL which reflects t~'e noise iraposing upon Grantors" Property as shown on a.n~y subsequent maps validated by the County of San Mateo amd filed wiLl~ the State of California Department of. Transportation, Divisi, on of Aeronautics in accordance with Sect. ion 5050 of Title. 21 ' of the California Administrative Codej as follows: : ., (i) The CNEL used to reflect "an~u. al CNEL' as set forth above shall be the hiohest CNEL found among any three {3).consecuf. i~e maps filed on a semi-annual basis. -2- 5'~ There shall be a presumption that the easement grantec~ herein iS $~ overburdened by unreasonable use that its.purpose is defeated if the I~O~Se ~hich imposes upon the Grantors' Property exceeds the level listed in Paragraph ~ , above for'three consecutive maps filed on a semi-annual basis vi:th theSta~ .. · of California,'Department of Transportation~ Division of Ae~n-~utic~ such a Showingj bRANTORS shall be entitled to a finding by . .~. jurisdiction 'that this easement is extinguished: This Grant of Easement$l~,?l be considered "not in'effect"' during any f]~eriod that the mo~s:c' ~ic~',fmpos~ upon Grantors' property exceeds the level listed in Paragraph ~ as ~hown om any map or consecutive maps filed with the Division of Aeronautics and shall; reima(r~' ' "not in effect" until a subsequent map filed with the Bivision shows th~ of noise to be at or below the level listed in Paragraph 4 or Until ~he. easement is extinguished as listed above:' · .. 6:'- For. the purpose of computing the annual CNEL as set forth in Para.Dr~phS 4 and 5 of this easement'~ CNEL's resulting from temporary' increas'ed 'us~ of certain runways because of construction or' repair of others~ or for other ct~uses beyond the control of CITY (e:'g;' weather or wind condi~o~.~, hut'not. .. flight pattern shifts authorized by the FAA) shall not be included in the · used to compute annual CNEL imposing upon Grantors' Pr-operty:" 7: This Grant of Easement shall ~ecome null and void if the stru'ctural a'nd]or Physical m~difications made to the structure located on Grantors' Pr~l~erty do not produce interior noise levels within said structure conforming, to ~h~m specifications contained in Exhibit "B" attached hereto and incorporated reference .herein as though set forth verbatim:' The' selection of sample st~rm:tures to be tested and the method of testing shall be as determined'by, the City o South San Francisco:'. -3- 8. The covenants cnnta'in.ed'in this Coaditional Grant of Easement are for the mutual, benefit of the land of Grantors' Preper~3~ and.. ~f. SFO, and throb.erie, fits and burdens Created by ~his instrument shatI inure to anO, ~b~e binding ~po~ the- successors, heirs and assigns of GRANTORS an~ .shall. 'inur~ ~.o and 'l,e J, inding .. the successors'~. 'heirs and assigns of CiTY a~-owner ~To~ ~perator'of SF'O~ ' 9:2 CIT~ shall cause this ConditiOnal ¢~:~ent of ~sc~t to Im recorded the 'Offi~'~ of the Recorder of the County.of xan Matee ~ia thirty [~0].' of thel.:date of ~ts acceptance:by CITY;' IN WITNESS WHEREOF; the parties have caused this ~~ent to .Im ex~uted . .'this ...... da7 of ., 19 GRAItTORS 'CITY AND COU.N.Tt~ ATTEST: City ~lerk ' EX~IBI'I[ "A" DESCRIPTION GRA~'iTORS' PROPERTY · . '([tot included i6 this'draftl to be prov. ided itt i.i~,e of. ~.xec'Ution) EXHIBIT "B" TO CONDITIONAL GRANT OF EASEI4.E~ NOISE-REDUCTION SPECIFICATION SHEET FOR RES)DENT1AL AND Ollll~-lttAN EE$IDENTIAL LAND USES RELEVANT TO THE SOUTH SAN FRANCISCO NO-I~-IN$11~TION PROGRAM USE CATEGORy.:, Maximum Interior Noise Level S pec_i fi e d. . . Residential - . Habi table Residential Areas and Transient Quasi-Residential (Hotel-Motel) ' - Sl eepi ng Areas. .Hospital wardrooms, ":: · Requi red Extcu'i o r-to-I nteri~m Roi se ReductiOn Between thc-- Be~~ ~ Wi ihi~ 'th~ - 65-dB CNLL )O~ ~NEt 75~d8 CNEL and the~- and 70-dB C[~EL.. 75-~ Contou'r~,, -Con,ur. .... . CNEL-45 dB ' . Leq 35~ dB~.'~ 25. d~' 3g dB 25 dB' 35 20 dF 30 dB 45 35 30 dLr 30 ~,~ 35 dB 40 dB: - 45 dB 25 e'B .- 30 dP_, 35, dB. 40 dP., Educational Facilities and Sanctuaries: School classrooms. 45 dB School auditoriums. '" 35 dB Libraries.. · Leq 50 dB., Recreational Rooms.~:· Church sanctuaries°.- Leq'~q~ 4055 dBdB L Educational'- or religious q publ ic-audience · projectio.~ halts, l_,/ Leq 40 dB 30 Recreational Facilities°· Concert Hal ls, IL_ 25 dB Legitimate theaters eq 35 dB Motion picture ' . eq theaters..- mL q'40 dB Sports arenas, gymna§iom~; bowling, alleys. Leq 65 dB 5 dB Commercial and Light Indust~i. al~;Facili~ties: Executive offices'and confei-~mce:.~*ooms'.':.~.,, - Leq 50 dB ": .... - Staff offices. 2_/ Leq 50 dB Sales and secretarial areas and 6ffices · Leq '50 dB Labora tori es, general 2_/ Leq 55 dB . Laboratories for precision' and microscopic work Le_ 145 dB 25 dB Machine shops, assembly q & construction shops, '65 dB 5 dB. Retail Areas, Markets, Leq Restaurants.. Leq 55 dB 35 e'B: 40 dB 40-dB - 45' dB 35 ~ 40 d~: 15 dB 30d~ 35dB 1.5 dB Bui 1 dings and Structures for Interior Uses' Not Specfffcall,.~ ·Identified Above: -. Whenever a-:ProPosed Use F~S into More Than One Category. ~ Most StFingent Classification Shal 1 .App..ly. 1 of 2 Pages NOISE-REDUCTION SPECIFICATION SHEET FOR RESIDENTIAL AND OTHEE-THAIt-RESIDENllAL LAND USES RELEVANT TO THE SOUTH SAN FRANCISCO-NOISE--INSULJ~'i'OI~ PROGRAM (Conti hued) -USE CATEGORY: Maximum Interior Noise Level Speci fi ed. Reguired Ex Be~een the Bebveen ~'e., Mi U{in the 65-dB CNEL - 70--dB CN~ YS-dB C/(EL ' and ~e and' ~e . Contom-. 70~dB CNEL' 7~db Contour. Con:~- - Noi se-sensi ti ve Areas, other, than those. specifically identified. herei nabove, comprising. sleeping areas and. areas in'which music and artistic and inspirational, spoken messages are received by an 'audience. · Noise-sensi ti ye areas, other than those speci fi cai ly .i denti fi ed hereinabove, in which spoken communications are. an essential part of the activities therein. 4. Noise sensitive areas, other than those specifically ident, ified hereinabove, in which human' activi ties produce al 1-pervasive interior Leo. values in excess 6f.. 55 dB .. Leq 40 dB 30 ,dB Leg 50 dB .. '35 dB 20 dB 25 ~ Leq .55dB 15dB 20 dB 40 dP, 3O 25 dB Exempt from this restriction are- Pro-jection booths, filmm-cuttin9 and. splicing labs, and audio/visual storage rooms.. 2__/ In areas where people work continuously 6n tasks not rela~d to noisier interior activities. · . 2 of 2 Pages