HomeMy WebLinkAboutReso 37-1993RESOLUTION NO. 37-93
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION ACCEPTING AND GRANTING SPECIFIC
EASEMENTS ON PROPERTY LOCATED BETWEEN RAILROAD
AVENUE AND NORTH CANAL STREET AND COMMONLY
REFERRED TO AS THE MAGNOLIA AVENUE RIGHT-OF-WAY
WHEREAS, the City and Basque Cultural Center have agreed to
grant each other cross-easements in the properties described in
Exhibit "A"; and
WHEREAS, the grant and acceptance of such easements will be
beneficial to both the City and Basque Cultural Center; and
WHEREAS, the attached "Grant of Right-of-Way Easement" details
the easements and will be recorded with the County Recorder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of South San Francisco as follows:
1. The City Council hereby grants to Basque Cultural Center
the easement described in Exhibit "A".
2. The City accepts the easements granted to it by Basque
Cultural Center described in Exhibit "A".
3. The City Manager is hereby authorized to sign any and all
documents necessary to accomplish the above-described grants.
4. The grants hereby made are based on the consideration of
the grants hereby received.
5. Once fully executed, the City Clerk is authorized to
record or cause recordation of the document attached hereto and
designated as Exhibit "A" in the Official Records of the County of
San Mateo.
EXHIBIT A TO RESOLUTION NO. 37-93
Recorded at the request of the
City of South San Francisco.
When recorded please return original
document to:
City Cler~
City of South San Francisco
P.O. Box 711
South San Francisco, CA 94082
GRANT OF RIGHT OF WAY EASEMENT
This Agreement is entered into by and between the City of
South San Francisco ("City") and Basque Cultural Center ("Basque")
for the purpose of granting cross easements in the properties
described in Exhibit "A" hereto attached.
WHEREAS, the City is the Owner of the parcel of land described
in ExhLbit "A" as Parcel I; and
WHEREAS, Basque is the owner of the parcel of land described
in ExhLbit "A" as Parcel II; and
WHEREAS, Exhibit "A" is incorporated herein by this reference.
WHEREAS, the City and Basque desire to grant each other right-
of-way easements over each others land.
NOW, THEREFORE, THE PARTIES AGREE as follows:
1. City, in consideration for Basque's granting it a right-
of-way easement over the land described as Parcel II in Exhibit
"A", hereby grants and conveys to Basque a private right-of-way
easement over the land described in Exhibit "A" as Parcel I.
2. In consideration for the City's granting of a right-of-
way over the land described in Exhibit "A" as Parcel I, Basque
hereby grants to City a private right-of-way easement over the land
described in Exhibit "A" as Parcel II.
3. Basque and City shall each maintain their respective
parcels (as described in Exhibit "A") in a manner that will allow
free and unobstructed truck, vehicular and pedestrian passage of
the other party over each parcel.
4. The grants of easement herein contained shall be
perpetual and shall run with the land and be binding upon and inure
to the benefit of the parties, their heirs, successors and assigns.
Dated: Dated:
Basque Cultural Center
city of South San Francisco
)
STATE OF CALIFORNIA ) ss.
COUNTY OF )
On
before me, the undersigned, a Notary
Public in and for said State,
personally appeared
)
STATE OF CALIFORNIA ) ss.
COUNTY OF )
On
before me, the undersigned, a Notary
Public in and for said State,
personally appeared
personally known to me (or proved to
me on the basis of satisfactory
evidence) to be the person(s) whose
name(s) is/are subscribed to the
within instrument and acknowledged
to me that he/she/they executed the
same.
WITNESS my hand and official seal.
Signature
personally known to me (or proved to
me on the basis of satisfactory
evidence) to be the person(s) whose
name(s) is/are subscribed to the
within instrument and acknowledged
to me that he/she/they executed the
s ams.
WITNESS my hand and official seal.
Signature
City Access Easement Description
The land referred to in this Report is situated in the State of
California, County of San Mateo, and is described as follows:
PARCEL 2:
Real property situated in the City of South San Francisco, County
of San Mateo, State of California, being a portion of Southern
Pacific Transportation Company Right-of-Way, as described in the
Deed from the South San Francisco Land and Improvement Company to
the Soushern Pacific Company dated September 21, 1893, recorded
December 1, 1893 at Book 67 of Deeds at page 21, Official Records
of San Mateo County, more particularly described as follows:
BEGINNING at the intersection of the Easterly right-of-way line of
Magnolia Avenue with the Northerly right-of-way line of Railroad
Avenue as shown upon that certain Subdivision Map of "Plat No. 2,
Subdivision of Blocks 98, 99, 119 & 122, South San Francisco, Cal."
recorded November 10, 1900 in Volume 3 of Subdivision Maps at page
4, official Records of San Mateo County: thence South 15 33' West,
50.00 feet to a point on the Northerly right-of-way line of the
above referenced S.P.T.C. right-of-way, being also the True Point
of Beginning. Thence leaving said true point of beginning, South
74 27' West, 60.00 feet to a point at the Northeasterly corner of
Parcel 1 as said parcel is shown ont he record of survey map of the
lands of Guy F. Atkinson Company, recorded June 3, 1971 at Volume
7 of Licensed Land Surveyor Maps at page 61; thence leaving said
point, North 15 33' East, 50.00 feet to a point on the Northerly
line of the above referenced S.P.T.C. right-of-way; thence along
said riqht-of-way line, South 74 27' East, 60.00 feet to the True
Point of Beginning.
PARCEL II:
BEGINNIFG at the most Northerly corner of that certain parcel of
land conveyed by South San Francisco Land and Improvement Company,
a corporation, to Robert Murray, Angus McIver and John A. Ewer, by
Deed recorded February 1, 1934 in Volume 608 of Official Records at
page 471, San Mateo County Records.
THENCE from said point of beginning, on and along the
Northwesterly line of the above described parcel and its
Southwesterly extension, also being the Southeasterly line of
Magnolia Avenue produced Southwesterly, South 15 33' West 695.52
feet to a point which bears North 15 35' East 50 feet from the
Northeasterly line of that certain 50 foot strip of land conveyed
by South San Francisco Land and Improvement Company, a corporation,
to the City of South San Francisco,k a municipality, and municipal
corporation, by Deed recorded May 2, 1934 in Book 620 of Official
Records at page 376, San Mateo County Records; thence North 74 27'
West 60.00 feet to the most Southerly corner of that 18.03 acre
tract'conveyed by South San Francisco Land and Improvement Company,
EXHIBIT "A"
Page 1 of 3 pages
a corporation to Guy F. Atkinson Company, a corporation, by Deed
recorded December 3, 1933 in Volume 1103 of Official Records at
page 12, San Mateo County Records; thence on and along the
Southeasterly line of said 18.03 acre tract North 15 35' East
695.52 feet to a point in the Southerly boundary line of the
Southern Pacific Railroad Company Right-of-Way, Baden Branch;
thence on and along the Southerly line of said right of way South
74 27' East 60.00 feet to the point of beginning.
EXCEPTING THEREFROM lands conveyed from South San Francisco Land
and Improvement Company to Guy F. Atkinson Company, a corporation
by Deed dated March 27, 1945 and recorded April 9, 1945 in Book
1176 of official Records at page 60 (Document No. 45875-F), Records
of San Mateo County, California, more particularly described as
follows:
BEGIN at a point marking the most Southerly corner of that certain
tract of land described as Parcel 2 in deed from South San
Francisco Land and Improvement Company, a corp. to City of South
San Francisco, recorded in Volume 111 of Official Records at page
132 thereof Records of San Mateo County, California.
RUNNING thence from said point of beginning North 15 35' East along
the Southeasterly line of above mentioned tract 370.52 feet to a
point ~hereon, thence North 74 27' West and across the above
mentioned tract 60 feet to a point on the Northwesterly line
thereof, thence South 15 33' West 370.52 feet to the most Westerly
corner of said tract, thence South 74 27' East along the
Southwesterly line of said tract 60 feet to the point of beginning.
MAGEASE.O10
EXHIBIT "A"
Page Z of 3 pages
~OLMA CRWg4
[. EA%~I~ENT I)~DIC__ATED
BY BASquE CULTURAL
-CEk~TER "TO CITy
EASE 1"6E~ T I)EPlCAT£
CiTY TO 'BA$~U~
~ULTL)R ,,~L CENTER
DESCRIPTION PLAT
EXHIBIT "A"
EXHIBIT TO RESOLUTION NO. 37-93
GRANT OF STORM SEWER EASEMENT
ThSs indenture, made this
1993, between Basque Cultural Center,
GRANTOR, and the CITY OF SOUTH SAN
day of .
Inc., hereinafter called
FRANCISCO, a municipal
corporation of the State of California, hereinafter called CITY.
WITNESS the following, that Grantor does hereby grant and
convey to the City and to its successors, and assign to the City a
perpetual right of ingress and egress, for the purpose of
installing, maintaining, repairing, protecting and replacing storm
sewers within the easement delineated on the map as "EASEMENT TO BE
GRANTED," attached hereto and designated, "EXHIBIT A," as "STORM
SEWER 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
See "EXHIBIT A" attached hereto
The easement herein granted shall not be used to build or
construct any permanent structure excepting access and storm sewer
facilities related to the use of said easement and lawful fences or
similar minor structures.
All of the rights, or any herein granted by this statement to
said City may be assigned without warranty, express or imply to any
person, firm, or corporation authorized by law to operate or
maintain a public storm sewer and related facilities, at the option
of and on such terms and conditions as may be designated by the
city.
GRANTOR: ATTEST:
By DATE:
By DATE:
DATE:'
STATE OF CALIFORNIA
COUNTY OF SAN MATEO
)
) ss
)
On this day of , in the year 1982,
before me, , a Notary Public of
said State, duly commissioned and sworn, personally appeared__
and
knownto
be the and
of the
corporation that executed the within instrument and acknowledged to
me that such corporation executed the same.
~N WITNESS WHEREOF, I have hereunto set my hand and affixed my
seal the day and year in this certificate first above written.
Notary Public
EASEMENT TO BE GRANTED
EASEMENT DESCRIPTION
BEGINNING at the most Northerly corner of that certain parcel of
land conveyed by South San Francisco Land and Improvement Company,
a corporation, to Robert Murray, Angus McIver and John A. Ewer, by
Deed recorded February 1, 1934 in Volume 608 of Official Records at
page 471, San Mateo County Records.
THENCE from said point of beginning, on and along the
Northwesterly line of the above described parcel and its
Southwerterly extension, also being the Southeasterly line of
Magnolia Avenue produced Southwesterly, South 15 33' West 695.52
feet to a point which bears North 15 35' East 50 feet from the
Northeasterly line of that certain 50 foot strip of land conv eyed
by South San Francisco Land and Improvement Company, a corporation,
to the City of South San Francisco,k a municipality, and municipal
corporation, by Deed recorded May 2, 1934 in Book 620 of Official
Records at page 376, San Mateo County Records; thence North 74 27'
West 60.00 feet to the most Southerly corner of that 18.03 acre
tract conveyed by South San Francisco Land and Improvement Company,
a corporation to Guy F. Atkinson Company, a corporation, by Deed
recorded December 3, 1933 in Volume 1103 of Official Records at
page 12, San Mateo County Records; thence on and along the
Southeasterly line of said 18.03 acre tract North 15 35' East
695.52 feet to a point in the Southerly boundary line of the
Southern Pacific Railroad Company Right-of-Way, Baden Branch;
thence on and along the Southerly line of said right of way South
74 27' East 60.00 feet to the point of beginning.
EXCEPTING THEREFROM lands conveyed from South San Francisco Land
and Improvement Company to Guy F. Atkinson Company, a corporation
by Deed dated March 27, 1945 and recorded April 9, 1945 in Book
1176 of Official Records at page 60 (Document No. 45875-F), Records
of San Mateo County, California, more particularly described as
follows:
BEGIN at a point marking the most Southerly corner of that certain
tract of land described as Parcel 2 in deed from South San
Francisco Land and Improvement Company, a corp. to City of South
San Francisco, recorded in Volume 111 of Official Records at page
132 thereof Records of San Mateo County, California.
RUNNING thence from said point of beginning North 15 35' East along
the Southeasterly line of above mentioned tract 370.52 feet to a
point 5hereon, thence North 74 27' West and across the above
mentioned tract 60 feet to a point on the Northwesterly line
thereof, thence South 15 33' West 370.52 feet to the most Westerly
corner of said tract, thence South 74 27' East along the
Southwesterly line of said tract 60 feet to the point of beninning.
t~ ~ ~//
NOR~t CAI/AL - ~?R££r
;'-~ - EASEIVlENT DEDICATE
BY BASQUE C_ULTURA
CEk/TER 'TO tv-Fy
DESCRIPTION PLAT