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HomeMy WebLinkAboutReso - CC - 075A-1974p L� 3AI vaEf�7 i8 PAGE203 NO TAX DUE RECOF.iDEO A .EQUEST OF L ! Herbert K. White, City Clerk RESOLUTION NO.,7 5A - 74 MC. TH'75 AUTHORIZING EXECUTION MARV.1N CiIURCH. RECORDEIND DELIVERY OF DEED OF WATER EASEMENT / S'+N KATED COUNTY [ QFFICIAL RECORDS FROM: CITY OF BURLINGAME, a Municipal Corporation TO: SAN FRANCISCO AIRPORT SHERATON CORP., an Ohio j a corporation DATED: September 29 1973 j i RESOLVED, by the City Council of the City of Burlingame, and this Council does hereby find, order and determine as follows: G 1. The public interest and convenience require execution and I delivery of the Deed of Easement cited in the title above. �! 2. The City Manager be, and he is hereby, authorized to sign ii and acknowledge said Deed of Easement for and on behalf of the City of Burlingame. 3. The City Clerk is hereby ordered and instructed to attest r said signature and to acknowledge his own. signature. Mayor i I, HERBERT K. WHITE, City Clerk of the City of Burlingame, C71 do hereby certify that the foregoing resolution was introduced at a regular ?T� meeting of the City Council held on the 16th day of December , 1974, and adopted thereafter by the following vote: AYES: COUNCILMEN: Amstrup-Crosby-Cusick-Harrison- Mangini NOES: COUNCILMEN: None ABSENT:'—,CQIVNCILMEN: None r Indexed City Cl k VOE0768 PAGE203 9 r" Governmental entib/ acquiring title. 18x exempt effective HOYember 10, 1969 DEED OF EASEMENT CITY OF BURLINGAME, a municipal corporation, here- inafter referred to as Grantor, hereby grants to SAN FRANCISCO AIRPORT CORP., an Ohio Corporation, hereinafter re- ferred to as Grantee, an underground easement to lay, relay, construct, reconstruct, maintain, operate, repair, renew, re- place and remove water and storm drainage lines in, along, under and across that certain parcel of real property situa- ted in the City of Burlingame, County of San Mateo, State of California, more particularly described in Exhibit "A" at- tached hereto, incorporated herein and made a part hereof, together with the right of ingress thereto and egress there- from over lands of the Grantor as necessary to use said easement. Provided, however, the Grantee agrees as follows: 1. To give at least 10 days advance written notice to the Grantor before exercising its right of ingress and egress over lands of Grantor to use said easement. 2. To give at least 10 days advance written notice to Grantor before entry upon any portion of said easement, except in the case of an emergency where Grantee is requested by Grantor to enter upon said easement for emergency repairs or maintenance. 3. Grantee shall be responsible for all costs of installation, maintenance, upkeep, replacement and repair of the water and storm drainage lines installed in said ease- ment. _ 1 _ VOLE) 1"9 PA E?(i�'± 4. Following any use of the easement by Grantee, Grantee shall be responsible, at its own cost and expense, for restoring the surface condition of said property to the same condition that it was in prior to any such use. Grantor reserves all rights to use, occupy and uti- lize the surface of said property not inconsistent with the easement herein granted to the Grantee; provided, however, Grantor agrees not to build or construct or cause to be built, or constructed any structures over or upon the easement with- out obtaining the written consent of Grantee. Grantor does hereby reserve the right and option, at its sole cost and expense, to relocate said easement and the water and storm drainage lines constructed therein, upon rea- sonable notice to the Grantee. This easement is appurtenant to that certain parcel of real property situated in the City of Burlingame, County of San Mateo, State of California, described in Exhibit "B" at- tacked hereto, incorporated herein and made a part hereof. Executed in Burlingame, California, this day of SEP 2 9 1973 1973. ••': ;1;`"•.- CITY OF BURLINGAME City Manager 'Attest"Grantor" City Clerk SAN FRANCISCO SHERATON AIRPORT CORP. n{��I,,�'j/�)l BY 6 1 cW 1.7C_. . [ 11 and by Gk llhl V "Grantee" 'VOLE STATE OF CALIFORNIA / ss. COUNTY OF SAN MA TEO ) On this z-f:f! day of 197;, before me, the undersigned, a Notary Publi in and for the State of California, with his principal office in the County of San Mateo, personally ap- peared CHARLES F. SCHWALM, known to me to be the City Manager, and HERBERT WHITE, known to me to be the City Clerk, of the City of Burlingame, a municipal corporation and political subdivision of the State of California, the municipal corporation that, executed the within . instrument and known to me to be the persons who executed the within instrument on behalf of said municipal corporation therein named, and acknowledged to me that such municipal corporation executed the same. IN WITNESS WHEREO have,subscribed my name and affixed my official seal hereto on the e 'n is ce tifi first above written. - - r OI'Flciwr. SEAL H. RA, LEFIRFELD Notary public in and f the State of NC7ARY Fi;,;i. ^ALIFCRNIA California having his principal office i=r Princip l00 e!; ?;I !SATED County Mycommissinn€:.;7resJuy17,1976 in the County of San Mateo STATE OF OHIO SS COUNTY OF CUYAHOGA On this 29th day of September in the year one thousand nine hundred and se//venty-trrhhi-ree, before me, r'�C.r+ �E . (o_)/A bi W Pan c6 a Notary Public, State of Ohio, duly commissione and sworn, personally appeared E. A. LAKS and R. M. SCHUBOT, known to me to be the president and vice-president, respectively, of the corporation described in and that executed the within instrument, and also known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. . IN WITNESS WHEREOF I.4ave ereunto set my hand and af- fixed my official seal in the � 10c County of � the r day and year in this certificate first a 'above written. 5 'i ill 0 Notary Pub lc,; My Commission Expires September 25,-1978. VLf 76S EXHIBIT A An underground easement for storm drain purposes in, along, under and across that certain real property situate in the City of Burlingame, County of San Mateo, State of California, being a strip of land 10 feet in width and des- cribed as follows: BEGINNING at the common corner of the Lands of the City of Burlingame as recorded in Book 2078 of Official Records of San Mateo County at page 523 and Book 5199 of Official Records of San Mateo County at page 103 and the Lands of San Francisco Sheraton Airport Corporation as recorded in Book 6421 of Official Records of San Mateo County at page 301; thence from said Point of Beginning along the common boundary line of the City of Burlingame and the San Francisco Sheraton Airport Corporation South 48009'15" East 140.43 feet; thence South 16°48'03" West 222.41 feet to the True Point of Beginning; thence from the True Point of Beginning of the underground easement leaving the boundary of the San Francisco Sheraton Airport Corporation South 700 02'22" East 108.88 feet to the flow area of the storm water channel; thence South 19057'W' West 10.00 feet; thence North 70002'22" West 108.33 feet to the boundary of the San Francisco Sheraton Airport Corporation; thence along said boundary North 16048'03" East 10.02 feet to the True Point of Beginning, together with a temporary construction ease- ment of 25 feet. in width at right angles, adjacent to each line on the City of Burlingame land until June 30, 1974. EXHIBIT A VOL6168 �tirt��a�7 r All that certain real property situate in the City of Burlingame, County of San Mateo, State of California, being more particularly described as follows: Beginning at the most Northerly corner of that certain Parcel 1, described in the deed from Burlingame Shore Land Co., a corporation, to the State of California, dated June 30, 1943, and recorded on August 31, 1943 in Book 1076 of Official Records of San Mateo County at Page 343 (91307-E); thence from said point of beginning Northeasterly along the Southeasterly line of Broadway (60 feet wide) extended Northeasterly, North 33' 45' East 155.46 feet to the most Westerly corner of lands described in deed to the City of Burlingame, a municipal corporation, dated April 26, 1951 and recorded May 31, 1951 in Book 2078, Official Records of San Mateo County, at Page 523 (39555-J); thence South- easterly along the Southwesterly line of said lands South 49' 22' 15" East 653.16 feet to the most Southerly corner of said lands described in the deed to the City of Burlingame, .being marked by a 1" Iron Pipe Tacked Monument; thence continu- ing Southeasterly along the general Westerly line of lands described in the Final Judgment of Condemnation entered August 4, 1966 by the .Superior Court of the .State of California in and for the County of San Mateo, Case No. 118610 in the action entitled "City of Burlingame, a Municipal Corporation, Plaintiff vs. Burlingame Shore Land Company, a corporation at al, Defendants" and a certified copy of the Final Decree of Condemnation being recorded August 4, 1966 in Book 5199 Official Records of San Mateo County, Page 103 (86509-Z), . .South 49' 22' 15" East 140.43 feet; thence continuing along said general Westerly line South 15' 34' 48" West 300.21 .feet to a point on the general Northeasterly line of said Parcel 1 first hereinabove described, (said last mentioned point is also distant along last said general Northeasterly line, from a tangent that bears North 63' 13' 36" West along the arc of a curve to the right having a radius of 3,647 feet and a central angle of 3' 42' 46", an arc length of 236.33 feet from A. C. H. C. Monument, as said Monument is shown on Sheet 1 of the State of California, Department of Public Works, Division of Highways, Right of Way Record Map R-35.12 of District IV, County of San Mateo, Route 68, Section Burlingame); thence Northwesterly along said North- easterly line of Parcel 1, from a tangent that bears North 59' 30' 50" West along the arc of said curve to the right having a radius of 3,647 feet and a central angle of 2' 26' 13", an arc length of 155.12 feet to the most Easterly corner of lands described in the Grant Deed from Burlingame Shore Land Co. to the State of California, dated November 7, 1968 and recorded on December 10, 1968 in Book 5570, Official Records of San Mateo County, at Page 393 (97324-AB); thence along the Northeasterly line of last said land North 49' 40' 06" West 471.52 feet; thence continuing along said North- easterly line tangent to the preceding course along the arc on a curve to the right having a radius of 450 feet and a central angle of 28' 15' 36", an arc length of 221.95 feet to the most northerly corner of last said lands, .last said corner being a point on the before mentioned Northeasterly line of said Parcel 1; thence Northeasterly along last said line North 5' 41' 50" East 111.75 feet to the point of beginning. NOL6768 PAGE208 RESOLUTION NO. 75A - 74 AUTHORIZING EXECUTION AND DELIVERY OF DEED OF WATER EASEMENT FROM: CITY OF BURLINGAME, a Municipal Corporation TO: SAN FRANCISCO AIRPORT SHERATON CORP., an Ohio corporation DATED: September 29 1973 i RESOLVED, by the City Council of the City of Burlingame, and this Council does hereby find, order and determine as follows: 1. The public interest and convenience require execution and delivery of the Deed of Easement cited in the title above. 2. The City Manager be, and he is hereby, authorized to sign and acknowledge said Deed of Easement for and on behalf of the City of Burlingame. f 3. The City Clerk is hereby ordered and instructed to attest said signature and to acknowledge his own signature. Mayori I, HERBERT K. WHITE, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular i meeting of the City Council held on the 16th day of Decembpr , 1974, and adopted thereafter by the following vote: i AYES: COUNCILMEN: Amstrup-Crosby-Cusick-Harrison- Mangini NOES: COUNCILMEN: None I I ABSENT: COUNCILMEN: None City Cl k DEED OF EASEMENT CITY OF BURLINGAME, a municipal corporation, here- inafter referred to as Grantor, hereby grants to SAN FRANCISCO AIRPORT CORP., an Ohio Corporation, hereinafter re- ferred to as Grantee, an underground easement to lay, relay, construct, reconstruct, maintain, operate, repair, renew, re- place and remove water and storm drainage lines in, along, under and across that certain parcel of real property situa- ted in the City of Burlingame, County of San Mateo, State of California, more particularly described in Exhibit "A" at- tached hereto, incorporated herein and made a part hereof, together with the right of ingress thereto and egress there- from over lands of the Grantor as necessary to use said easement. Provided, however, the Grantee agrees as follows: 1. To give at least 10 days advance written notice to the Grantor before exercising its right of ingress and egress over lands of Grantor to use said easement. 2. To give at least 10 days advance written notice to Grantor before entry upon any portion of said easement, except in the case of an emergency where Grantee is requested by Grantor to enter upon said easement for - emergency repairs or maintenance. 3. Grantee shall be responsible for all costs of installation, maintenance, upkeep, replacement and repair of the water and storm drainage lines installed in said ease- ment. - 1 - 4. Following any use of the easement by Grantee, Grantee shall be responsible, at its own cost and expense, for restoring the surface condition of said property to the same condition that it was in prior to any such use. Grantor reserves all rights to use, occupy and uti- lize the surface of said property not inconsistent with the easement herein granted to the Grantee; provided, however, Grantor agrees not to build or construct or cause to be built, or constructed any structures over or upon the easement with- out obtaining the written consent of Grantee. Grantor does hereby reserve the right and option, at its sole cost and expense, to relocate said easement and the water and storm drainage lines constructed therein, upon rea- sonable notice to the Grantee. This easement is appurtenant to that certain parcel of real property situated in the City of Burlingame, County of San Mateo, State of California, described in Exhibit "B" at- tached hereto, incorporated herein and made a part hereof. Executed in Burlingame, California, this day of SEP 291973 , 1973. CITY OF BURLINGAa�/, ME D Byj / ,.' • ,/7 City Manager Attest y�i�jt,w/^_Jk'�'�' "Grantor, City Clern SAN F CORP. and by SHERATON AIRPORT "Grantee" STATE OF CALIFORNIA ss. COUNTY OF SAN MA.'Z'EO ) On this 2l;7 day of $/ 1971 before me, the undersigned, a Notary Pub11 in and for the State of California, with his principal office in the County of San Mateo, personally ap- peared CHARLES F. SCHWALM, known to me to be the City Manager, and HERBERT WHITE, known to me to be the City Clerk, of the City of Burlingame, a municipal corporation and political subdivision of the State of California, the municipal corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said municipal corporation therein named, and acknowledged to me that such municipal corporation executed the same, IN WITNESS WHEREO hav subscribed my name and affixed my official seal hereto on the a 'n s ce tifi first above written. OFFIc�w SEAL x H. AA, LEHRFELD Notary Public in and f the State of =-'k NCXJ'9 w;nL;,� �auFCRNIA y California having his principal office Principal Off_ GPC MATEO County in the Count My Commission €:.;fires Jury 17,1976 y of San Mateo STATE OF OHIO ) SS COUNTY OF CUYAHOGA ) On this 29th day of September in theyear one thousand ine hundred and seventy-three,P/before me,' ur�r, �F Co�rru(a aH —t—a Notary Public, State of Ohio, u-d l, Dd and sworn, personally appeared E. A. LAKS and R. M. SCHUBOT, known to me to be the president and vice-president, respectively, of the corporation described in and that executed the within instrument, and also known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me .that .such corporation executed the same. IN WITNESS WHEREOF I ave ereunto set my hand and af- fixed my official seal in the 10 County Of Zr a -the day and year in this certificate first a ove written. G e a6c—c- )i 0 Notary Pu ic,& 3xa- iMy Commission Expires September 25, 1978. EXHIBIT A An underground easement for storm drain purposes in, along, under and across that certain real property situate in the City of Burlingame, County of San Mateo, State of California, being a strip of land 10 feet in width and des- cribed as follows: BEGINNING at the common corner of the Lands of the City. of Burlingame as recorded in Book 2078 of Official Records of San Mateo County at page 523 and Book 5199 of Official Records of San Mateo County at page 103 and the Lands of San Francisco Sheraton Airport Corporation asrecordedin Book 6421 of Official Records of San Mateo County at page 301; thence from said Point of Beginning along the common boundary line of the City of Burlingame and the San Francisco Sheraton Airport Corporation South 48°09'15" East 140.43 feet; thence South 16"48'03" West 222.41 feet to the True Point of Beginning; thence from the True Point of Beginning of the underground easement leavingving t�dary of the San Francisco Sheraton Airport Corporation South 70" 02'22" East 108.88 feet to the flow area of the storm water channel; thence South 19057'38" West 10.00 feet; thence North 70002122" West 108.33 feet to the boundary of the San Francisco Sheraton Airport Corporation; thence along said boundary North 16048'03" East 10.02 feet to the True Point of Beginning, together with a temporary construction ease- ment of 25 feet in width at right angles, adjacent to each line on the City of Burlingame land until June 30, 1974. EXHIBIT A All that certain real property situate in the City of Burlingame, County of San Mateo, State of California, being more particularly described as follows: Beginning at the most Northerly corner of that certain Parcel 1, described in the deed from Burlingame Shore Land Co., a corporation, to the State of California, dated June 30, 1943, and.recorded on August 31, 1943 in Book 1076 of Official Records of San Mateo County at Page 343 (91307-E); thence from said point of beginning. Northeasterly along the Southeasterly line of Broadway (60 feet wide) extended Northeasterly, North 33" 45' East 155.46 feet to the most Westerly comer of lands described in deed to the City of Burlingame, a municipal corporation, dated April 26, 1951 and recorded tfay 31, 1951 in Book 2078, Official Records of San Mateo County, at Page 523 (39555-J); thence South- easterly along the Southwesterly line of said lands South 49° 22' 15" East 653.16 feet to the most Southerly corner of said lands described in the deed to the City of Burlingame, being marked by a 1" Iron Pipe Tacked Monument; thence continu- ing Southeasterly along the general Westerly line of lands described in the Final ,judgment of Condemnation entered August 4, 1966 by the Superior Court of the.State of California in and for the County of San Mateo, Case No. 118610 in the action entitled "City of Burlingame, a Municipal Corporation, Plaintiff vs. Burlingame Shore Land Company, a corporation et al, Defendants" and a certified copy of the Final Decree of Condemnation being recorded August 4, 1966 in Book 5199 Official Records of San Mateo County, Page 103 (86509-Z), . .South 49° 22' 15" East 140.43 feet; thence continuing along said general Westerly line South 15° 34' 48" West 300.21 .feet to a point on the general Northeasterly line of said Parcel 1 first hereinabove described, (said last mentioned point is also distant along last said general Northeasterly line, from a tangent that bears North 63° 13' 36" West along the are of a curve to the right having -a radius of 3,647 feet and a central angle of 3' 42' 46", an are length of 236.33 feet from A. C. H. C. Monument, as said Monument is shown on Sheet 1 of the State of California, Department of Public Works, Division of Highways, Right of Way ,Record Map R-35.12 of District IV, County of San Mateo, Route 68, Section Burlingame); thence Northwesterly along said North- easterly line of Parcel 1, from a tangent that bears North 59° 30' 50" West along the arc of said curve to the right having a radius of 3,647 feet and a central angle of 2' 26' 13", an arc length of 155.12 feet to the most Easterly corner of lands described in the Grant Deed from Burlingame Shore Land Co. to the State of California, dated November 7, 1968 and recorded on December 10, 1968 in Book 5570, Official Records of San Mateo County, at Page 393 (97324-AB); thence along the Northeasterly line of last said land North 49° 40' 06" West 471.52 feet; thence continuing along said North- easterly line tangent to the preceding course along the arc on a curve to the right having a radius of 450 feet and a central angle of 28° 15' 36", an arc length of 221.95 feet to the most northerly corner of last said lands, last said corner being a point on the before mentioned Northeasterly line of said Parcel 1; thence Northeasterly along last -said Iine North 5° 41' 50" East 111.75 feet to the point of beginning.