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HomeMy WebLinkAboutReso 1072-1946RESOLUTION NO. 1072 Resolved by the City Council of the City of ~outh San Francisco that said city enter into an ai.?eement with the State of California, which a~reement may be dated the 18th day of February, 1946, and shall be substantially as follows: THIS AGREE.iEI~T made this 18th day of February, 1946 by and between the City of South San Francisco hereinafter called "City" and t~e State of California, herein- after called "State". Ti{AT: WI~EREAS and by virture of that certain Final Order of Comdemnation ~ssued out of t~e Superior Court of San i~iateo County on August 21, 1930 in Action No. 1V513 and recorded in Volume 486 at page 492, Official Records of San i'~lateo County, City is theowner in possession of a right of way (hereinafter called private right of way) for the construction and maintenance of sewers forsanitary and drainage purposes, across those certain lauds described therein, and W]LEREAS, State proposes to acquire for drainage .purposes a right of way ~here- inafter called public right of way) across said lands described as follov~s: All that real property in the City of South San Francisco, County of San ~gateo, State of California described as: Commencing at a point on the southwesterly line of the oroperty now or formerly of the ontana Food Products Company, distant thereon S. ~2°'Z2' 02~' E., 210.02 fee~t from the most easterly corner of that certain 0.15 acre tract of land conveyed by Pacific Gas and Electric Company to the State of California by indenture dated October ll, 1928 and recorded l~-ovember 2l, 1928 in Volume ~81, at page ~8~, Official Records of San ~,~ateo County; Thence along said southwesterly li~e~ of tl~e Z~'ontana Food Products Company S. ~2© ~2' 02~' E., 100 feet; thence N. 63© 50' 5o" ~,~ 101.9~J feet; thence from a tangent that bears N. ~7° 09' 06" E. along a curve to the right, v~ith a radius of 2~00 feet, tt%rouga an angle of 0°'28' Jg", a ~iotance of 20.00 feet to the point of con~encement. Containing 0.02~ of an acre, more or less. WHEREAS said public right of way will traverse a portion of said priva%e right of way; and %?HEREAS State desires that City consent to the construction, maintenance and use by State of said proposed drainage facilities across said private right of way; Now, therefore, in consideration of the foregoing andthe promises of State herein contained, City does hereby consent to the construction, maintenance and use by State of said proposed drainage facilities on and along said public right of way on condition enter into an a~eement with the State of California, whici~ a.~reement may be dated t~e 18th day of February, 1946, and shall be substantially as follows: THIS AGREE<Et.IT made this 18th day of February, 1946 by and between the City of South San Francisco hereinafter called "City" and the State of California, herein- after called "State". JITNmS~ETH THAT: WHEREAS and by virture of that certain Final Order of Comdemnation ~.ssued out of the Superior Court of San ~iateo County on August 21, 1930 in Action No. 1V513 and recorded in Volume 486 at page 492, Official Records of San ~ateo Oounty, City is theowner in possession of a right of way (hereinafter called private right of way) for the construction and maintenance of sewers forsanitary and drainage purposes, across those certain lands described therein, and WiLEREAS, State proposes to. acquire for drainage .purposes a right of way (here- inafter called public right of way) across said lands' described as follows: All that real property in the City of South San Francisco, County of San ~{ateo, State of California described as: Commencing at a point on t~e southwesterly line of t~e property now or formerly of the ~ontana ~ood Products Company, distant thereon S. ~o ~, 0~" E., ~10.0~ fee~t from the most easterly corner of that certain 0.1~ acre tract of land conveyed by Pacific Gas and Electric Company to the State of California by indenture dated October ll, 19~8 and recorded ~ovember ~l, 19~8 in Volume ~81, at page ~84, Official Records of San ~ateo County; Thence along said southwesterly line of the t~ontana Food Products Company S. o2~ 3~' 02" E., 100 feet; thence N. 63° 50' 58" W., 101.95 feet; thence from a tangent that bears N. 3V° 09' 06" E. along a curve to the right, v~ith a radius of 2400 feet, t~rougl~ an angle of 0°'~8' 39", a distance of ~0.00 feet to the point of con~encement. Containing 0.023 of an acre, more or less. ~iiEREAS said public right of way will traverse a portion of said priva~te right of way; and '.HEREA~ State desires that City consent to the construction, maintenance and use by State of said proposed drainage facilities across said private right of way; Now, t~erefore, in consideration of the foregoing andthe promises of State herein contained, City does hereby consent to the construction, maintenance and use by State of said proposed drainage facilities on and along said public right of way on condition t~at in so doing State ~ll not interfere or conflict with any of City's rights with respect to its private rigdat of way. In consideration of ti~e foregoing consent State hereby agrees that it will so construct, maintain and use said drainage facilities across said premises as not in any manner to impair, interfere or conflict with any of City's rights and privileges under said private rid~ht of way, and furthermore t~at if any damage shall be done to City's facilities on said private right of way or any loss occasioned to City as a result of the construction of said drainage facilities whether by State 6r any contractor for it, State will on demant, if and to the extent it ~ay legally do so, reimburse City in full therefor. The l~{ayor and t~le City Clerk are hereby directed in bet~alf of said City of South San Francisco and under its seal to execute t~e agreement hereby authorized. I hereby certify that the fore.~oin~ resolution was intro~.uced and adopted at a regular meeting of the City Council of the City of South San Francisco, held this 18th day ~£ February, 19~ by the following vote~ · ~.~Y. Holston, Charles K Elder, Ayes, Councilmen V Boido, ~¥.?,,?inucciani, ~ ~ ~. A. Anderson. Noes, Councilmen None Absent, Councilmen None Attest SEAL Daniel l~cSweene¥~ City Clerk Elizabeth 0ttenfield Deputy