HomeMy WebLinkAboutReso 188-1984 RESOLUTION No.' 1'88-84
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING THE FORM OF A GRANT OF EASEMENT
BETWEEN THE CITY AND COUNTY OF SAN FRANCISCO AND PROPERTY
OWNERS SEEKING FUNDING OF THE LOCAL SHARE PARTICIPATION
......... IN THE NOISE INSULATION PROGRAM
BE IT RESOLVED by the City Council of the City of South San Francisco
that:
1. Approval of Grant of Easement.
The form of the "Grant of Easement (Civil Code Section 1468, 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 wil1 cause changes to be made to said owners' 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 "1".
2. Forwarding for Approval.
The Mayor is authorized to forward said Agreement and a copy of this
Resolution to the City and County of San Francisco and the Federal Aviation
Administration with a letter requesting documentation of 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 a
reqular meeting held on the 28th day of November , 1984,
by the following vote'
AYES: Co~jn'cilm~mha~r.~~ Mark N.' 'Adrli~'gn ,- Fman'd~l e N. namnn't~=', 'R-iChard A'.' Haffey,
' '-Gus 'Ni'colopulos';' '-and Roberta -Cerri" 'Teqlia ..................
NOES: "'None
None
AB SE NT:
-2-
GR;~NT OF EASEMENT
(Civil Code Section 1468,
Public Utilities Code Section 21652)
This indenture, made this day of ,
1984, between
(hereinafter "GRANTORS") and the City and County of San
Francisco, a political subdivision of the State of California
(hereinafter "CITY")i f
WHEREAS, GRANTORS are the owners of that certain real
property located
at
and more particularly described in Exhibit. "A" attached hereto
and by this reference incorporated herein as though set forth
verbatim (hereinafter "Grantor's Property"); and
WHEREAS, GRANTORS have been offered the opportunity to
participate in a publicly funded program which will cause
changes to be made to Grantor's Property which may result in
the attenuation of aircraft noise currently being imposed on
the interior of the structure located on Grantor's Property
(hereinafter "Noise Insulation Program"); and
WHEREAS, the funding source for said Noise Insulation
Program will include eighty percent funding from the United
EXHIBIT I,'I ii
?0 RESOLUTION NO.
City and Co. unty of rancisco
July 2, 1985
Estate Department
· .~ .~,;~ ~,
"': ~' Office of the
:'r"$T~ .~AN FR&NC~S¢O Director of Prope~y
Airports Commission
Acquisttionof l& Noise Easements
South San Francisco
Escrows at 1650 E1 Cam/no Real
In San Bruno
SAFECO Title Company
749 Brewster Avenue
Redwood City, CA 94603
ATTN: Kay Pennington
Escrow Officer
Gentlemen:
Herewith are the following enclosures:
1) City and County of San Francisco Controller's Warrant ~530-O427833
dated June 11, 1985 in the amount of $100,450.00. The Warrant is payable to
SAFECO Title Company. The Warrant may be cashed and the funds held in the
Buyer's Account until all the instructions contained herein have been fulfilled
i whereupon 14 separate purchase amounts may be disbursed simultaneously to the
.... Sellers in the approximate amounts listed on the accompanying 'Acquisition Cost
Estimate" sheet described in paragraph 2 next follotrlng.
2) A sheet entitled "South San Francisco Noise Easements" - "Acquisition
Cost Estimates". It is here provided for the purpose of identifying the
property locations and stating the City's approximate cost in acquiring each
easement. The sheet is identified in the lover lefthand corner vith notation
"HDA 2-19-85". '-
3) 14 original Grant of Easement Deeds, one from each of 14 individual
property owners who are granting noise easements in their respective properties
to the City and County of San Francisco.
·
Please adhere to the following instructions:
1) Each of the respective easements is being acqulred by the City at 20Z
of the actual cost of acoustically insulating each property in the approximate
amount listed in the Acquisition Cost Est/mate sheet. Actual costs of each
easement shall be submitted to SAFECO Title by the City of South San Francisco
and the final cost shall be computed at the t/me of submittal, probably in the
month of September 1985.
--- 2) Upon Deed execution by the Seller, recordation of each Deed by SAFECO
and the issuance of 14 PIRT policies covering the acquisition cost of each noise
easement, funds in the amounts finally computed may be released to the
..... respective Sellers from the Buyer's account, however, all shall be released
simultaneously.
558.3591 25 Ven Ness Avenue, Suite 400 Sen Francisco, 94102
3) It is anticipated that the purchase price of each easement ma), vary
from the amount listed. In no case may the aggregate total of the 14 easement
purchase prices exceed $100 , &50. 00. In the event that the asgresate purchase
price is less than that amount, please return the difference by check payable to
the City and County of San Francisco.
't
4) 1[~ addition, upon close of escrow you may deduct and retain from the
Buyert8 Account the amount of the PIItT Title Insurance and Escrow fees as listed
on the Acquisition Cost Estimate sheet. These fees have been computed at 201; of
the cost quoted by SAFECO Title Company representatives. The balance of the
PI;PT Insurance and escrow fees will be paid by the City of South San Francisco
or other fundin$ agency.
5) A~ter recordation, please return each of the 14 original easement Deeds
to this office together with recordin~, data.
Sinc erely,
I~ALI~CE
Director of Property
PlDA: kb
cc: R. Yee, South S.F.
L. Turpen, Airport
D. Caribaldi, Airport
R. Feener, Airport
SOU~lt SAN FRAI~CI$CO NOISE F~S~S
* ACQUISITION COST EST]3~TE
LOCATIONS
127 Rock~ood .Drive
·
101 Manor Drive
102 Manor Drive
129 Rock~ood Drive
125 ltocla~od Drive
111 Manor Drive
223 Rock~ood Drive
1~ ~oc~ood D~ve
~ ~..~,
-3~3 Roc~ood Drive
107 ~osevoo~ Dr~ve
20~ Roc~ood D~ive
112 She~ood D~ive
S~. Veronica~s School
Ponderosa School
*** TITLE IMS.
** COST OF F..AS~S AI~ ESCROW
·
$ 15,000 x .20 - $ 3,000 + $26
13,800 x .20 - 2,760 + 26
11,500 x .20 - 2,300 + 26
8,900 x .20 - 1,780 '+ 26
16,100 x ;20 - 3,220 + 26
10,200 x .20 - 2,040 + '26
13,400 x .20 - 2,680 + 26
14,500 x .20 - 2,900 + 26
10,400 x .20 - 2,080 + 26
13,~00 x .20- 2,720 + '26
£4,500 x .20 - 2,900 + 26
8,500 x .20 - 1,700 + 26
·
150,000 x .20 - 30,000 + 28
200,000 x .20 - 40,000 + 30
ESTII~ATED
ACQUISITION
$ 3,026
2,786
2,326
1,806
3,246
2,066
2,706'
2,926
2,106
2,746
'2,926
·
1,~26
30,028
40,030.
·
·
As of January 19, 1985 per "Group 4/Architecture Research and Plannin$, Inc."
Cost of Easements computed aC '20~ of construction cost estimates to acoustically
insulate the structures
*** Tltle Insurance and escrov fees computed ac 202 of quoted cost by SAFECO Title
Insurance Company fo= PIKT policies
. - ltI)A 2/19/85
States Government pursuant to the Aviation Safety and Noise
Abatement Act of 1979 (commencing at 49 U.S.C. Section 2101)
and twenty percent funding from CITYi acting in its -capacity as
the owner and.operator of the San Francisco International
Airport ("SFO"); and
WHEREAS, CITY requires as a condition precedent to its
participation in said Noise Insulation P~ogram that GRANTORS
provide CITY with an easement upon Grantors' Property to permit
imposition upon such property of vibration, discomfort,
inconvenience, interference with use and enjoyment, and any
consequent reduction in market val~e, all due to excessive
noise resulting from the operation of aircraft_to and from SFO;
and
_
WHEREAS, Section 21652 of the Public Utilities Code of
the State of California authorizes CITY to obtain such
.
easement;
NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO
THAT:
1. GRANTORS do h'ereby grant and convey to CITY and its
successors, and assign to CITY an easement fOr the purpose of
permitting the imposition of vibration, discomfort,
inconvenience, interference with use and enjoyment, and any
consequent reduction in market value, all due to excessive
noise resulting from the operation of aircraft to and from SFO
upon Grantors' Property located at
and being more particularly described as shown on Exhibit "A"
attached hereto and designated "Aircraft Noise Easement", which
Exhibit "A" was previously incorporated herein by referencel
2, The easement granted her~in shall become effective
upon execution of this Document by the GR3~NTORS and CITY and
payment to GRANTORS, Or on their behalfl by the CITY of a sum
of money which is equal to twenty percent of the total cost of
the Noise Insulation Project designed for Grantors' Property
and shall terminate twenty years thereafter unless sooner
terminated by action of law or as otherwise set forth herein.
31 The CNEL used to reflect annual CNEL as. set forth in
this paragraph shall be the annual CNEL used to define the
contour band in which Grantor's property is located on the -
latest map filed on a semi-annual basis, validated by the
County of San Mateo and filed with the State of California,
Department of Transportation, Division of Aeronautics in
·
accordance with section 5050 of Title.~.~! of the California
Administrative Code. It is agreed bY the parties hereto that
the Annual Community Noise Equivalent Level (CNEL) which
reflects the level of noise being imposed upon the Grantor's
property at the date this easement is executed
is: .
4. The level of aircraft noise which City may impose
upon Grantors' Property shall be the lesser-of: ...........
(a) The level listed in paragraph 3; or
(b) The lowest annual CNEL which reflects the noise
being imposed upon Grantors' Property as shown by
the contours on any subsequent maps validated by
the County of San Mateo and filed With the State of
California Department of Transportationl Division
of Aeronautics in accorodance with SeCtion 5050 of
Title 21 of the California Administrative Code;
however, the CNEL used to reflect "annual CNEL" as
set forth in this subparagraph shall be the highest
CNEL found among'any three (3) consecutive maps
filed on a semi-annual basisl
51 This Grant of Easement shall be considered not in
effect during any period that the noise being imposed upon
Grantor's property exceeds the level listed in paragraph 4, as
calculated by the method described in paragraph 3, as shown on
any map or consecutive maps filed on a semi-annual basis with
the State of California Department of Transportation, Division
of Aeronautics and shall remain not in effect until three
consecutive subsequent maps filed with said Division of
Aeronautics show the level of noise to have been at or below
the level listed in Paragraph 4, as calculated by the method
described in paragraph 3, at which time the easement shall be
deemed to have been in effect for all periods during which the
CNEL level was at or below the level in paragraph 4.
6. For the purpose of computing the annual CNEL as set
forth in Paragraph 4 and 5 of this easement, CNEL's resulting
from a temporary increased use of certain runways because of
construction or repair of others, or for other causes beyond
the control of CITY (e.g., weather or wind conditions~ but not
including flight pattern shifts authorized by the FAA) shall
~4
not be included in the data used to compute annual CNEL being
imposed upon Grantor's Property.
7. The covenants contained in this Grant of Easement are
for the mutual benefit of City andoSFO, and the benefits and
burdens created by this instrument shall inure to and be
/
binding upon the successors, heirs and assigns of GRANTORS and ....
shall inure to and be binding upon the successors, heirs and
assigns of CITY as owner and/or operator of SFOi
8. CITY SHALL CAUSE THIS Conditional Grant of Easement
to be recorded in the Office of the Recorder of the County of
San Mateo within thirty (30) days df the date of its acceptance
by CITY.
IN WITNESS WHEREOF, the parties have caused this
.
Agreement to be executed this day of
, 1984.
GRANTORS
By
By
CITY AND COUNTY OF SAN FRANCISCO
By , Mayor
5
ATTEST:
City Clerk
APPROVED AS TO FORM:
GEORGE AGNOST, City Attorney
Doc 0286S
Deputy City Attorney
6