AgdaPkt 2005-07-11 - Laserfiche WebLink

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,¿ /¿;-- / '-"-~-'- -.- ---- -- .--- REPORT Subject Conveyance of Easement and Assignment of Claims and Causes of Action - South Bayside System Authority Recommendation Direct the City Clerk by motion to convey on behalf of the City, the easement to South Bayside System Authority (SBSA), and assign Claims and Causes of Action to SBSA. Background . The easement and assignment of claims and causes of action pertain to property located at the San Mateo County Women's Correctional Facility (1590 Maple Street, Redwood City, California 94063). SBSA has informed the City that the SBSA's force main, which lies within the easement area, required repairs due to a leak discovered on August 24, 2004 and that access to the construction site was restricted by the County's fenced-in Sally Port Area, its transformer and emergency generator, all of which have been constructed" over the SBSA's force main subsequent to acquisition of the easement by the City in 1973 (see discussion, below). SBSA has further informed the City that the existence of the County facilities required construction of specialized shoring and restricted the movement of equipment and personnel in order to affect the main repairs, thus adding significantly to the cost of the repairs. The easement within which the force main is located was acquired by eminent domain by the City in 1973. That was before the SBSA was established. The main, after construction, was maintained and operated by the Strategic Consolidated Sewerage System ("SCSP"), the predecessor in interest to the SBSA. Title to the easement has remained vested in the City although the pipeline is owned and operated by the SBSA, and the SBSA has had beneficial use of the easement since the SBSA's establishment. The SBSA has filed a claim against the County for the additional costs incurred by the SBSA in repairing the leak due to the existence of the County improvements over the easement area. The SBSA claim was rejected by the County. The SBSA may proceed with court action against the County. In view of the fact that the City is the holder of title of the easement, SBSA has requested that the causes of action that may have accrued to the City as a result of the location and use of the County improvements and the alleged damage to the easement and the SBSA improvements resulting therefrom be assigned to the SBSA. The intent is to transfer title to SBSA and assign the City's rights to claims and Causes of Action pertaining to the easement to SBSA.