HomeMy WebLinkAboutReso - CC - 121-1998RESOLUTION 121-98
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
ACCEPTING GRANTS OF EASEMENT FROM HMC SFO, INC. FOR TRAFFIC SIGNAL
EQUIPMENT, WATER METERS, SEWER, WATER, UTILITY, AND DRAINAGE
[MARRIOTT HOTEL —1800 BAYSHORE BOULEVARD]
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, as a condition of approval of the improvement of 1800 Bayshore Boulevard,
Burlingame, California, the owners of the property, now HMC SFO, Inc. [Marriott Hotel], were
required to dedicate easements on the property to provide traffic signal equipment access, water
meters, sewer, water and utility service, and drainage; and
WHEREAS, HMC SFO, Inc. has executed grant deeds conveying these required easements
to the City; and
WHEREAS, it is appropriate to accept these dedications which fulfill the obligations of the
owners of 1800 Bayshore to do so,
NOW, THEREFORE, IT IS ORDERED:
1. The Easement Grant Deeds dated August 24, 1998, conveying easements for traffic signal
equipment, water meters, sewer, water, utility, and drainage on the real property at 1800 Bayshore
Boulevard are accepted.
2. These easements shall be recorded together with this Resolution with the County
Recorder of the County of San Mateo.
�c�.-tea � �^�0.a .c-�._•_L
MAYOR
I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify
that the foregoing resolution was introduced at a regular meeting of the City Council held on the 16th
day of November ,1998, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
CITY CLERK
DRAINAGE EASEMENT
This Drainage Easement is entered into as of this 16�t day of NmernbEC, 1998 by and
between HMC SFO, Inc. a Delaware corporation ("Grantor"), having as mailing address c/o
Host Marriott Corporation 10400 Fernwood Road, Bethesda, Maryland 20817 and the CITY
OF BURLINGAME ("Grantee"), a municipal corporation of the State of California, having
a mailing address of c/o City of Burlingame, Public Works Department 501 Primose Road,
Burlingame, California 94010.
RECITALS
WHEREAS, Grantor is the owner of the tract of real property described more
particularly in Exhibit A attached hereto and by reference incorporated herein (the
"Grantor's Parcel") and improvements thereon; and
WHEREAS, Grantor has agreed to establish certain easement rights over a portion
Grantor's Parcel in favor of Grantee and Grantee has agreed to assume certain obligations
in connection with said easement;
NOW, THEREFORE, in consideration of the promises and the covenants contained
herein, the adequacy of which is hereby acknowledged, Grantor and Grantee do hereby
agree as follows:
1. Grantor does hereby grant to Grantee a perpetual, non-exclusive easement
("Easement") over and under and through a portion of Grantor's Parcel, and the right of
way solely for the purpose of draining storm water from Old Bayshore Highway into the
private storm drainage system located within Grantor's Parcel. The storm water will be
collected in three (3) catch basins along Old Bayshore Highway and conveyed onto
Grantor's Parcel in pipes entering the parcel at the points shown on Exhibit B and into
Grantor's private storm drainage facilities. The private storm drainage facilities shall be
maintained by Grantor, its successors and assigns to allow free flow and passage of such;
drainage waters.
2. Grantee will provide and maintain, at its own expense (i) workers
compensation insurance governing Grantee and its employees including employers liability
which complies with the applicable worker's compensation laws, and (ii) comprehensive
general liability insurance including contractual liability for bodily injury or property damage
with a combined single limit of not less that $2,000,000.00 each occurance. Such general
liability insurance shall name Grantor and Host Marriott Corporation as additional insureds.
Grantee will deliver certificates of insurance evidencing such coverages to Grantor.
3. This document contains the entire agreement of the parties hereto with
respect to the subject matter hereof. Any modification of the terms of this Easement
Agreement must be in writing by the party against whom enforcement of the modification
is sought.
4. In the event of any controversy, claim or dispute relating to this instrument
or an alleged breach of the terms and conditions hereof and if permitted by applicable law,
the prevailing party shall be entitled to recover from the losing party reasonable attorney's
fees, costs and expenses.
5. This Easement Agreement shall be binding upon and inure to the benefit of
the parties and their respective heirs, successors and assigns. The Easement contained
herein shall be a covenant running with the land as a burden upon Grantor's Parcel and
for the benefit of Grantee's use.
6. Grantor warrants that (i) it is the fee simple owner of the tract of real property
described in Exhibit A, (ii) it has full right, power and authority to grant the Easement set
forth herein, and (iii) Grantee, its heirs, executors, administrator, successors and assigns
shall quietly enjoy the Easement granted herein solely for the uses stated herein.
IN WITNESS WHEREOF, the parties hereto have executed this Easement
Agreement as of the date first written above.
Attest: HMC SFO INC., a Delaware corporation
B :
Y
Dated: August 24, 1998 Nape: Bruce F. Stemerman
Attest -
i
. d
Title:.
Vice President
CITY OF BURLINGAME
By:
Name: Dennis r
Title: City Manager
STATE OF MARYLAND
COUNTY OF MONTGOMERY
I, Merl%*rw, M uv -C6,4 , a notary public in and for said county, in the State
aforesaid, do hereby certify that Bruce F Stemerman , personally known to me to be the
Vice President _ of HMC SFO Inc. and personally known to me to be the same person whose
name is subscribed to the foregoing instrument appeared before me this day in person and
acknowledged that as such Bruce F. t m [man , he signed and delivered the said instrument
pursuant to authority given by the Board of Directors of said corporation as his free and
voluntary act and as the free and voluntary act and deed of said corporation on behalf of said
company, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this ' `tday of O.no�, 1998.
My Commission Expires:
My Commission Expires
July I q. 9002
STATE OF
COUNTY OF
Notary Public
[ SEAL]
I, , a notary public in and for said county, in the State
aforesaid, do hereby certify that personally known to me to be the
of and personally known to me
to be the same person whose name is subscribed to the foregoing instrument appeared before
me this day in person and acknowledged that as such he
signed and delivered the said instrument pursuant to authority given by the Board of Directors
of said corporation as his free and voluntary act and as the free and voluntary act and deed of
said corporation on behalf of said company, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this _ day of , 1998.
Notary Public
My Commission Expires: [ SEAL]
EXHIBIT A
(Grantor's Parcel)
CITY OF BURLINGAME
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF BURLINGAME, COUNTY OF SAN'
MATEO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
A PORTION OF SECTION 11 AND 12, TOWNSHIP 4 SOUTH, RANGE 5 WEST, MOUNT DIABLO
BASE AND MERIDIAN AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CORPORATE LIMITS LINE COMMON TO MILLBRAE
AND BURLINGAME WITH A LINE PARALLEL TO AND PERPENDICULARLY DISTANT 20.50 FEET
SOUTHWESTERLY FROM THE NORTHEASTERLY RIGHT OF WAY LINE OF THE BAYSHORE HIGHWAY,
125 FEET WIDE AS GRANTED BY MILLS ESTATE, INCORPORATED, TO THE STATE OF
CALIFORNIA, BY DEED RECORDED AUGUST 8, 1925 IN BOOK 177 OF OFFICIAL RECORDS OF
SAN MATEO COUNTY AT PAGE 307, SAID POINT OF BEGINNING BEING DISTANT ON SAID
CORPORATE LIMITS LINE NORTH 530 11' 36" EAST 114.57 FEET FROM THE MOST NORTHERLY
CORNER OF THE SUBDIVISION SHOWN ON THAT CERTAIN MAP ENTITLED "EAST MILLSDALE
INDUSTRIAL *PARK UNIT NO. 1", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER
OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON JANUARY 23, 1959 IN BOOK 50
OF MAPS AT PAGES 24 AND 25; THENCE FROM SAID POINT OF BEGINNING AND ALONG SAID
PARALLEL LINE, THE FOLLOWING COURSES: SOUTH 610 00' 00" EAST 897.98 FEET, AND
TANGENT TO THE PRECEDING COURSE ON THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 2542.00 FEET AND A CENTRAL ANGLE OF 15' 37' 08" AN ARC LENGTH OF 692.95:
FEET TO A POINT THEREON; THENCE LEAVING SAID PARALLEL LINE NORTH 440 37' 08" EAST
260.00 FEET TO A POINT ON A LINE PARALLEL WITH AND PERPENDICULARLY DISTANT
239.50 FEET NORTHEASTERLY FROM THE ABOVE MENTIONED NORTHEASTERLY RIGHT OF WAY
LINE OF BAY&HORE HIGHWAY, LAST SAID PARALLEL LINE BEING THE SOUTHWESTERLY
BOUNDARY LINE OF THE LANDS DESCRIBED IN PARCEL 2 IN THE DEED FROM ATLANTIC LIFE.
INSURANCE COMPANY, TO THE CITY AND COUNTY OF SAN FRANCISCO, RECORDED DECEMBER
27, 1960 IN BOOK 3911 OF OFFICIAL RECORDS OF SAN MATEO COUNTY AT PAGE 310;
THENCE ALONG LAST SAID SOUTHWESTERLY LINE FROM A TANGENT THAT BEARS NORTH 450 22'
52" WEST ON THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2802.00 FEET AND A.
CENTRAL ANGLE OF 15" 37' 08', AN ARC LENGTH OF 763.83 FEET; THENCE CONTINUING ON
SAID SOUTHWESTERLY LINE OF PARCEL 2, NORTH 610 00' 00" WEST 781.17 FEET TO THE
ABOVE MENTIONED CORPORATE LIMITS LINE COMMON TO MILLBRAE AND BURLINGAME; THENCE
ALONG SAID CORPORATE LIMITS LINE SOUTH 53" 11' 36" WEST 285.04 FEET TO THE POINT
OF BEGINNING.
1. A point of the southwesterly boundary of aforesaid parcel conveyed to Grantor
recorded on August 30, 1994 as Instrument No. 94140205 in San Mateo County,
California, distant thereon South 61 ° 00'00" East 177.0 feet from the most westerly corner
thereof.
2. A point of the southwesterly boundary of aforesaid parcel conveyed to Grantor
recorded on August 30, 1994 as Instrument No. 94140205 in San Mateo County,
California, distant thereon South 61 ° 00'00" East 316.0 feet from the most westerly corner
thereof.
3. A point of the southwesterly boundary of aforesaid parcel conveyed to Grantor
recorded on August 30, 1994 as Instrument No. 941402505 in San Mateo County,
California, distant thereon South 61 ° 00' 00" East 662.0 feet from the westerly corner
thereof.
STATE OF CALIFORNIA)
COUNTY OF SAN MATEO)ss
CITY OF BURLINGAME)
ACKNOWLEDGEMENT OF CITY CLERK
On /7, /99 g before (me, Judith A. Malfatti, City Clerk of the
City of Burlingame, personally appeared✓�
known to me to be the of the City of Burlingame
and acknowledged to me that heFsh y executed the same in his/her/their capacity(ies), and
that by hisfhor4their-signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and the official seal of the City of Burlingame.
CLERKSignature
CITY 1
(Seal)