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HomeMy WebLinkAboutReso - CC - 028-2000RECORDING REQUESTED BY: hvi ffiussvCi-r�C Clfi� Of TJU WHEN RECORDED MAIL TO: DOC N 2000-053612 05/08/2000 02:36P At Fee:NC Page 1 of 21 Recorded in Official Records County of San Mateo Warren Slocum Assessor -County Clerk -Recorder Reco rded THIS SPACE FOR RECORDER'S USE ONLY ,��c TITLE OF DCCUMENT rTITS PAGE ADDED rO PROVIDE :\DEOUATE SPA( -_E FOR RECORDING INFORNIArTON I:\.l�luum:d R�t;nnlim; I'.c :\ppljcr;) RESOLUTION NO. 28-2000 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING REAL PROPERTY AGREEMENT, APPROVING GRANT OF PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SALE AGREEMENT AND ACCEPT GRANT FOR BURLINGAME SHORELINE TRAIL ACROSS 1200 BAYSHORE HIGHWAY, CITY PROJECT NO. 9643 RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the Burlingame Shoreline Trail is an invaluable part of the community; and WHEREAS, the extension of the trail behind 1200 Bayshore Highway will allow additional public access to the Bayfront and wetlands; and WHEREAS, the City prepared an Environmental Impact Report (EIR), which was certified by this Council on October 4, 1999, by Resolution No. 109-1999; and WHEREAS, the Council has considered this EIR before adopting this resolution; and WHEREAS, the City has negotiated with the property owner of 1200 Bayshore Highway pursuant to Federal and State law and has reached agreement on the terms and conditions of a grant of easements to permit the construction and operation of the trail extension; and WHEREAS, the negotiated sales price is a fair value and in the public interest; and WHEREAS, this acquisition will not displace any occupants or tenants of the property, NOW, THEREFORE, IT IS RESOLVED AND ORDERED: 1. The Real Property Agreement attached hereto as Exhibit A is approved. 2. The City Manager is authorized and directed to execute the Real Property Agreement by and on behalf of the City of Burlingame, and the Clerk is directed to attest to the signature of the City Manager. 3. The City Manager is further authorized and directed to execute an acceptance by the City of the Grant of Permanent and Temporary Construction Easements attached as Exhibit B hereto and such other documents necessary in connection with the Real Property Agreement, and the�Clerk is directed to attest to the signature of the City Manager. A40j. th.o, MAYOR I, ANN T. MUSSO, 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 23rd day ofFebruarv, . 2000, and was adopted thereafter by the following vote: IIII VIIIIIIIIIIIIIIIillll�lllliVIIIIIIIIIIIIIIIIIII 20002 02:36P AYES: COUNCILMEMBERS: COFFEY, GALLIGAN, JANNEY, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ak'k—1 I CITY CLERK -- - I hereby Cer`.; r,. �+,; ,. 'ill, true . and Corr-,. - t:. it purport: _ ,r'nich i8 on file / Dated: City C1 rlc City of Burlingame 2 IIIIIIIIIIIIIII�IIIIIIIIIIIIIII�II IIIIIIIIIIIIIIIII IIII Ri Page: 20003 00536 1 2 PARCEL NO: 026-142-130 APN: PORTION 026-142-130 TITLE REPORT NO: 430900 -TD PROJECT: Burlingame Shoreline Trail BUR/001 /007/toscoagr3&ded-02/04/00 S,tEi#-2,GIi2.a4 cuereny certify this to be a full anc' ^orre r "opy of the document - po. ��or : hc original of whi EXHIBIT )- gr f ice. City i,•=.Ork City of Burlingame AGREEMENT FOR ACQUISITION OF REAL PROPERTY (ESCROW INSTRUCTIONS) THIS AGREEMENT is entered into this 23rday of February , 2000, by and between the City of Burlingame (hereinafter referred to as 'Buyer"), and the undersigned owner(s) (hereinafter referred to as "Seller") for acquisition by Buyer of certain real property interests as hereinafter set forth: IT IS MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for said document and shall relieve the Buyer of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. Buyer agrees to purchase from Seller and Seller agrees to sell to Buyer, for the consideration hereinafter stated, the following described real property, located in the City of Burlingame, County of San Mateo, State of California: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF 3. PURCHASE PRICE. The total purchase price, payable in cash through escrow, shall be the sum of EIGHTEEN THOUSAND EIGHT HUNDRED TWENTY-FIVE AND NO/100... DOLLARS ($18,825.00) 4. CONVEYANCE OF TITLE. Seller agrees to convey by a, Grant of Permanent and Temporary Construction Easements to Buyer the Property free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases, and taxes EXCEPT: A. Taxes: Fiscal Year 1999-2000, 1' installment paid, 2nd installment due and payable. B. Quasi -public utility, public alley, public street easements, and rights of way of record. C. Item numbered 6, of the above numbered title report issued by First American Title Company dated September 29, 1997. PAGE 1 OF 6 IIIIIII VIII IIIIII VIII I IIIIIII IIIIII I !I III 20004 00536 1 2 lie 5. TITI E INSURANCE POLICY. Escrow Agent shall, following recording of deed to Buyer, provide Buyer with CLTA Standard Coverage Policy of Title Insurance in the amount of 125, 000 Y8;8-23,00, issued by First American Title Company, showing the title to the property vested in Buyer, subject only to the exceptions set forth in Paragraph 4 and the printed exceptions and stipulations in said policy. Buyer agrees to pay the premium charged therefore. 6. ESCROW. Buyer agrees to open an escrow in accordance with this Agreement at First American Title Company, 555 Marshall Street, Redwood City, CA 94063. This Agreement constitutes the joint escrow instructions of Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close this escrow in the shortest possible time. Escrow is hereby authorized to attach its General Provisions as Exhibit "B", to these instructions so long as any provision thereof is not inconsistent with the terms set forth herein. Seller has executed and handed a Grant of Permanent and Temporary Construction Easements, concurrently with this Agreement. As soon as possible after opening of escrow, Buyer will deposit the executed deeds, with Certificate of Acceptance attached, with Escrow Agent on Seller's behalf. Buyer agrees to deposit the purchase price upon demand of Escrow Agent. Buyer and Seller agree to deposit with Escrow Agent any additional instruments as may be necessary to complete this transaction. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account. ESCROW AGENT IS AUTHORIZED AND IS INSTRUCTED TO COMPLY WITH THE FOLLOWING TAX ADJUSTMENT PROCEDURE: A. Pay and charge Seller for any unpaid delinquent taxes and/or penalties and interest thereon, and for any delinquent or non -delinquent assessments or bonds against the property; B. Escrow agent shall not be concerned with taxes for the fiscal year in which this escrow closes. ESCROW AGENT IS AUTHORIZED TO AND SHALL: C. Pay and charge Seller for any amount necessary to place title in the condition necessary to satisfy Paragraph 4 of this Agreement; D. Pay and charge Buyer for any escrow fees, charges, and costs payable under Paragraph 7 of this Agreement; E. Disburse funds and deliver deeds when conditions of this escrow have been fulfilled by Buyer and Seller. PAGE 2 OF 6 III II III I I I III II II I I III 2000 5 02 36P The term "close of escrow", if and where written in these instructions, shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder_ Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of said policy of title insurance. All time limits within which any matter herein specified is to be performed may be extended by mutual agreement of the parties hereto. Any amendment of, or supplement to, any instructions must be in writing. TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS POSSIBLE. If (except for deposit of money by Buyer, which shall be made by Buyer upon demand of Escrow Agent before close of escrow) this escrow is not in condition to close within 30 days from date of these instructions, any parry who then shall have fully complied with his instructions may, in writing, demand the return of his money or property; but if none have complied no demand for return thereof shall be recognized until five (5) days after Escrow Agent shall have mailed copies of such demand to all other parties at the respective addresses shown in these escrow instructions, and if any objections are raised within said five (5) day period, Escrow Agent is authorized to hold all papers and documents until instructed by a court of competent jurisdiction or mutual instructions. If no demands are made, proceed with closing of this escrow as soon as possible. Responsibility for Escrow Agent under this Agreement is expressly limited to Paragraphs 1, 2, 3, 4, 5, 6, 7, 9, 10, and to its liability under any policy of title insurance issued in regard to this transaction. 7. ESCROW COSTS. Buyer agrees to pay all Buyer's and Seller's usual fees, charges, and costs which arise in this escrow. 8. COUNTERPARTS. This Agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 9. CLOSING STATEMENT. Seller instructs Escrow Agent to release a copy of Seller's statement to Buyer and to Cutler and Associates, Inc., 2941 Sunrise Blvd., Suite 245, Rancho Cordova, California 95742; purpose being to ascertain if any reimbursements are due Seller. 10. LEASE WARRANTEE. Seller warrants that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and Seller further agrees to hold Buyer harmless and reimburse Buyer for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Seller for a period exceeding one month, EXCEPT: TOSCO OPERATING COMPANY, INC. PAGE 3 OF 6 III II III I I I I II II II II II 20006 02:36P 11. EMINENT DOMAIN DISMISSAL. Seller consents to the dismissal of any action filed by Buyer for the condemnation of said property and waives any claim for costs, attorney's fees, and deposits in said action made by Buyer, or any claim whatsoever which might arise out of the filing of such an action, whether or not such claim is specifically identified in this paragraph_ 12. FULL & COMPLETE SETTLEMENT It is understood and agreed by and between the parties hereto that included in the amount payable under Clause 3 herein is payment in full to compensate Seller for any and all damage to Seller's remainder property by reason of the acquisition of the subject property or the installation of the improvement project in the manner proposed. 13. WARRANTIES REPRESENTATIONS AND COVENANTS OF SELLER. Seller hereby warrants, represents, and/or covenants to Buyer that: A. To the best of Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the property or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign. B. To the best of Seller's knowledge, there are no encroachments onto the property by improvements on any adjoining property, nor do any buildings or improvements encroach on other properties. C. Until the closing, Seller shall maintain the property in good condition and state of repair and maintenance, and shall perform all of its obligations under any service contracts or other contracts affecting the property. D. Until the closing, Seller shall not do anything which would impair Seller's title to any of the property. E. To the best of Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument to which Seller's property may be bound. F. Until the closing, Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Warranties, Representations, and Covenants of Seller Section not to be true as of closing, immediately give written notice of such fact or condition to Buyer. 14. HAZARDOUS WASTE. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of PAGE 4 OF 6 VIII IIIIII II IIII IIIIIIIII VIII IIII II 2000 0053612 any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos,. (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 gt sec . (42 U.S.C. 56903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. 59601 et sec . (42 U.S.C. S9601). 15. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus.. 16. INDEMNITY. Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for PAGE 5 OF 6 IIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIII 20 02 36 personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 17. CONTINGENCY. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the Buyer herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. THIS AGREEMENT contains the entire agreement between the parties and neither parry relies upon any warranty or representation not contained in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove. MAILING ADDRESS OF SELLER: SELLER: Tosco Operating Company, Inc. Jerry Lyndes (successor by name change to T Northwest Real Estate Manager Properties II, Inc.), a Delaware Corporation, TOSCO CORPORATION as Agent and Attorney-in-fact for BNY 1500 North Priest Drive Western Trust Company, Trustee under Tempe, Arizona 85281 Tosco Trust No. 1994-A, created by Trust Agreement dated as of July 29, 1994 David Waldschmidt, Vice President and Assistant Secretary MAILING ADDRESS OF BUYER: BUYER: City of Burlingame CITY OF BURLINGAME 501 Primrose Road //�� �// (gym Burlingame, CA 94010 BY: tA4WL � - -, `� C (/ - PAGE 6 OF 6 IIIIIIIVIII IIIIiI II IIIIIII IIIIIII VIII IIIIIIII 20009 0053 612 EXHIBIT "A" Pa_e I of LEGAL DESCRIPTION BICYCLE/PEDESTRIAN EASEMENT ALL THAT REAL PROPERTY SITUATE IN THE CITY OF BURLINGAME. COUNTY OF SAN MATEO. STATE OF CALIFORNIA. BEING A PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED S 8SDN MATEO GRANT O. IN THE COUNTY RECORDS,, DESCRIBED AS FOLLOWS: DOCUMENT BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL, THE FOLLOWING TWO (2) COURSES: SOUTH 32-48'16" EAST 35.23 FEET: SOUTH 48°38'15' EAST 124.62 FEET: THENCE LEAVING SAID NORTHWESTERLY LME. THE FOLLOWING FOUR (4) COURSES: NORTH 76037'27" WEST 30.66 FEET; NORTH 59034'03" WEST 78.55 FEET; NORTH 61045'50" WEST 33.69 FEET; NORTH 34024'15" WEST 17.27 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL; THENCE ALONG SAID NORTHWESTERLY LME, NORTH 34056'11" EAST 42.56 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 3,765 SQUARE FEET, MORE OR LESS. DESCRIPTION CHECKED BY: CC /aDIATE DOUAS L. AYLS\ L.S. 0. 6314 EXPIRES: 12/31/2002 III III I VIII I III I II I II II II III II RI Page 200000 2 36Pof 21 L. AY��7li�\ of ods � No. 6314 E x p ZI / OZ N:\SJ0647\Win\plat-bpe.doc Paac 2 oF4 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT ALL THAT REAL PROPERTY SITUATE IN THE CITY OF BURLINGAME, COUNTY OF SAN MATEO, STATE OCALIFORNIA, AT CERTAIN PARCEL DESCRIBED N THEGRAN PORTION FC DEED'R CORD DAUGUST 1, 1994 THE DOCUMENT NO.ND 94128237, SAN MATEO COUNTY RECORDS, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID PARCEL: THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL, SOUTH 34-56'11" WEST 42.56 FEET TO THE TRUE PONT OF BEGINNING; THENCE LEAVING SAID NORTHWESTERLY LINE, THE FOLLOWING FOUR (4) COURSES: SOUTH 34-24'15" EAST 17.27 FEET; SOUTH 61045'50" EAST 33.69 FEET; SOUTH 59034'03" EAST 78.55 FEET; SOUTH 76037'27" EAST 30.66 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 48°38'15" EAST 10.65 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE, THE FOLLOWING FOUR (4) COURSES: NORTH 76037'27" WEST 40.82 FEET; NORTH 59°34'03" WEST 7920 FEET; NORTH 61°45'50" WEST 34.81 FEET; NORTH 34-24'15" WEST 16.60 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL; THENCE ALONG SAID NORTHWESTERLY LINE, NORTH 34056'11" EAST 5.34 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF 829 SQUARE FEET, MORE OR LESS. LP N D SG DESCRIPTION CHECKED BY: Z0400 DATE L.S. go. 6314 EXPIRES: 12131/2002 J IIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIII Rl Page: 210000'©@53 612of 21 No. 6314 FxP/HOZ a� N:\SJ0647\ W in\plat-tce.doc P.O.B. moo. S 32'48'16" E Li 35.23' mlzo 48�75" E 124.62' N Z N 76'37'27 W �— — N 59 3a'�3" W 78.55 30.66' N 61'45'50" W 33.69' N 3424'15" W I17.27' r Q FIRST INTERSTATE BANK OF CALIFORNIA I 31 I DOCUMENT NO. 94128237 O m m LEGEND: P.0.B. POINT OF BEGINNING BAYSHORE HIGHWAY IIIIIIIIIIIIIIIIIIIIIIIIIIIII VIIIVIII IIIIIIIIIIIIIIII 20age 12 of 21 �N NOLTE N min SCCONG CM O I N [[RINQ j M ONE N. FIRST STREET, SUITE 450 SAN ]OSE 95303 w�a.nR FAX WWW-NOLOLTE.COM PLAT TO ACCOMPANY LEGAL DESCRIPTION BICYCLE/PEDESTRIAN EASEMENT PREPARED FOR: DATE SUBMITTED: 01-06-00 3 Ln rn In N 34'56'11" E 5.34' FIRST INTERSTATE BANK OF CALIFORNIA DOCUMENT NO. 94128237 LEGEND: T.C.E. P.O.C. T.P.O.B. TEMPORARY CONSTRUCTION EASEMENT POINT OF COMMENCEMENT TRUE POINT OF BEGINNING BAYSHORE HIGHWAY IIIIIIIIIIIIIIII III III III VIII IIIIII IIIIII III III 2page 00009 2 36P 2of 21 NOLTE 56YOND [NOIN<SRINO ONE N. FIRST 6TRET, SUITE 450 n6 F,, WW W NCLTE.COM PLAT TO ACCOMPANY 4 LEGAL DESCRIPTION BICYCLE/PEDESTRIAN T.C.E. OF � Num 57064 PREPARED FOR: DATE SUBMITTED: 01-06-00 Bearina Table No. I Becrina I Distance L1 S 34'24'15" E 17.27' L2 S 61'45'50" E I 33.69' L3 I S 76'37'27" E I 30.66' L4 N 76'37'27" W 40.82' �p L5 N 61'4550" W 34.81' P.O.C. o L6 I N 34'24 15 W 16.60' S 48'38'15" E N a 3 10.65' T.P.O.B.�j 59'34'03" E 78.55 L2 <g'—L75 5 9'3 4 03 W 79.20' 75" T.C.E. FIRST INTERSTATE BANK OF CALIFORNIA DOCUMENT NO. 94128237 LEGEND: T.C.E. P.O.C. T.P.O.B. TEMPORARY CONSTRUCTION EASEMENT POINT OF COMMENCEMENT TRUE POINT OF BEGINNING BAYSHORE HIGHWAY IIIIIIIIIIIIIIII III III III VIII IIIIII IIIIII III III 2page 00009 2 36P 2of 21 NOLTE 56YOND [NOIN<SRINO ONE N. FIRST 6TRET, SUITE 450 n6 F,, WW W NCLTE.COM PLAT TO ACCOMPANY 4 LEGAL DESCRIPTION BICYCLE/PEDESTRIAN T.C.E. OF � Num 57064 PREPARED FOR: DATE SUBMITTED: 01-06-00 Recording Requested By: First American Title #430900 -TD CITY OF BURLINGAME APN: 026-142-130 ssit it 26//2cq When Recorded Mail To: Jane Gomery City of Burlingame Department of Public Works 501 Primrose Road Burlingame, CA 94010 EXHIBIT 'B' FREE RECORDING REQUESTED Essential to acquisition by the City of Burlingame, California See GovL Code 6103 GRANT OF PERMANENT AND TEMPORARY CONSTRUCTION EASEMENTS THE GRANTORS, BNY WESTERN TRUST COMPANY, (successor to Wells Fargo Bank, N.A. and Wells Fargo Bank of California, N.A., formerly known as First Interstate Bank of California, N.A., a national association), not in its individual capacity but solely as Trustee under Tosco Trust No. 1994-A, created by Trust Agreement dated as of July 29, 1994 [by and through its agent and attorney-in-fact, Tosco Operating Company, Inc. formerly known as T Northwest Properties 11, Inc., a Delaware Corporation], and THE LESSEE, TOSCO OPERATING COMPANY, INC. (formerly known as T Northwest Properties H, Inc.), a Delaware Corporation, hereby grant to the CITY OF BURLINGAME, a municipal corporation, hereinafter referred to as GRANTEE, its successors and assigns, a permanent easement and a temporary construction easement to construct, use, maintain, operate, alter, add to, repair, replace, and/or remove a public bicycle and pedestrian trail in, under, over, and along that certain real property situated in the, City of Burlingame, County of San Mateo, State of California, described as follows: SEE EXHIBITS "A" AND "A-1" ATTACHED HERETO (APN: 026-142-130) All is more particularly shown on the maps attached hereto as Exhibits `B" and `B-1", and made a part hereof. GRANTOR further grants to GRANTEE: (a) the right of ingress to and egress from said easement for maintenance, construction, repair and reconstruction purposes over and across said lands by means of roads and lanes thereon, if such there be, otherwise by such routes as shall occasion the least practicable damage and inconvenience to GRANTOR; IIIIIIIIIIIIIIIIiI IIIIIIIIIIIIIIIIIIII III IIIIII IIIIIII 2Page:00004 of 21 2:36P (b) the right to mark the location of said easement by suitable markers set in the ground; provided that said markers shall be placed in fences or other locations which will not interfere with any reasonable use GRANTOR shall make of said easement. (c) temporary construction easement expires 2 years from GRANTOR reserveos &Lfl t S u"lsd PaMffi ii ii rpurposes which will not interfere with GRANTEES' full enjoyment of the rights hereby granted; provided that GRANTOR shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction on said easement. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. IN WITNESS WHEREOF, GRANTOR has executed these presents this 23rd day of February ,2000. TOSCO OPERATING COMPANY, INC. (successor by name change to T NORTHWEST PROPERTIES II, INC.), a Delaware Corporation, as Agent and Attorney-in-fact for BNY WESTERN TRUST COMPANY, Trustee under Tosco Trust No. 1994-A, created by Trust Agreement dated as of July 29, 1994 BY: ALWO O'yfc7�vchrr+i� David Waldschmidt Vice President & Assistant Secretary ► lMr V,-` Tosco Operating Company, Inc. (formerly known as T Northwest Properties, II, Inc), a Delaware corrpo�rattiio/n_/ BY: ZL l�Ill 414^idk David Waldschmidt Vice President & Assistant Secretary III IIII 05108/2000 000 2:36P 1200 Bayshore Boulevard, Burlingame, CA CERTIFICATE OF ACCEPTANCE BY THE CITY OF BURLINGAME From: Tosco Operating Company, Inc. Date of deed: February 9, 2000 APN: Portion of 026-142-130 Pursuant to the authorization and direction of the City Council of the City of Burlingame expressed in Resolution No. 2R-Mothe City of Burlingame does hereby accept the Grant of Permanent and Temporary Construction Easements over Property as described in Grant, commonly known as 1200 Bayshore Boulevard, Burlingame, California, executed by the Owner and Lessee on the date set forth above, and requests that the Grant be recorded in the Office of the County Recorder of the County of San Mateo, California. CITY OF BURLINGAME Dennis Argyres, Ci d er ATTEST: City Clerk Approrded as to ford: j City Attorney IIIIII II IIIIIII III I I II IIII IIIIII III IIII 2000060of 21 0536 1 2 GENERAL ACKNOWLEDGMENT STATE OF P6 Z-(�Y1Cl COUNTY OF ffl(A I( 1 -) C�1 ss. On� 1���LLYT ` I 2000, before me, ej 1 CiQ Pr. U� 11 i 1 f6a Notary Public, personally appeared_l�1 personally known to me (or proved to me on the basis of satisfactory evidence) to be the personal whose name is bscribed to the within instrument and acknowledged to me that &she><tke�y executed the same in&Vke� authorized capacity, and that b}GAeP4=ir signature4on the instrument the personN, or the entity upon behalf of which the person*. acted, executed the instrument. WITNESS my hand and official seal. OFFICALSM tPATRICIA A. WILLIAMS N ] 1PU13LIC-ARIZONA BUR/001/007/toscoesmt.ded/02/04/00 IIIIIII1111111111111111111111111111 IIIIIIIIIIIIIIII 20Pase:0007 of 21 2:36P EXHIBIT "A" LEGAL DESCRIPTION BICYCLE/PEDESTRIAN EASENIENT ALL THAT REAL PROPERTY SITUATE M THE CITY OF BURLINGANIE. COUNTY OF SAN DESCRIBED N O ECGRANTRNIA, BEING A DEED RECORDED RAUOGUSST OF I, HAT 1994 IN HCERTAE DOCUME OT NO. LAND 94128237. SAN MATEO COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL, THE FOLLOWING TWO (2) COURSES: SOUTH 32048'16" EAST 35 23 FEET; SOUTH 48-38'15" EAST 124.62 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE, THE FOLLOWING FOUR (4) COURSES: NORTH 76037'27" WEST 30.66 FEET; NORTH 59034'03" WEST 78.55 FEET; NORTH 61045'50" WEST 33.69 FEET; NORTH 34°24'15" WEST 17.27 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL; . THENCE ALONG SAID NORTHWESTERLY LINE, NORTH 34056'11" EAST 42.56 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 3,765 SQUARE FEET, MORE OR LESS. DESCRIPTION CHECKED BY: /aITAE- DOUffAS L. AYLSV L.S.4140.6314 EXPIRES: 12/31/2002 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIII IIIIIIIII IIIIIII 200008 0536 1 2 of 21 L. No. 6314 Expl N:%SJ0647\W inlplat-bpe.doc EXHIBIT "B" P.O.B. S 32'4 E w 35.23'23' SIN 48.,38'7 5 E_72462 t v r) z N 76'3727"' W `- N 59'34'03 W 78.55' 30.66' N 61'45'50" W 33.69' N 34'24'15" W I 17.27' FIRST INTERSTATE BANK OF CALJFORNIA I 3 DOCUMENT NO. 94128237 I O m LEGEND: P.O.B. POINT OF BEGINNING BAYSHOREI HIGHWAY IIIIIII IIIIIIIIIIIIIIIIIIIIIVIIIVIIIIIIIIIIIIIIIIIII 05 08120 Rl Page: 200@090 SP 2 {{ Y O N O { N O I N{ C R 1 N O ONE N. --11 STRT=l AnR UM 2977.6906 FAX p W W W NOLTE COM PLAT TO ACCOMPANY 3 LEGAL DESCRIPTION BICYCLE/PEDESTRIAN EASEMENT OF � NO; PREPARED FOR: DATE SUBMITTED: 01-06-00 S706< EXHIBIT "A-1" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT ALL THAT REAL PROPERTY SITUATE IN THE CITY OF BURLINGAME. COUNTY OF SAN MATEO, STATE OF CALIFORNIA. BEING A PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED 282377, SAN MATEOGRNT DEED RECORDED AUGUST 1, 1994 IN THE DOCUMENT NO. OUNTY RECORDS. DESCRIBED AS FOLLOWS: 94 COMMENCING AT THE MOST NORTHERLY CORNER OF SAID PARCEL; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL, SOUTH 34056 4256 FEET TO THE TRUE POINT OF BEGINNING; THE FOLLOWING FOUR (4) COURSES: 11" WEST THENCE LEAVING SAID NORTHWESTERLY LINE, SOUTH 34024'15" EAST 1727 FEET; SOUTH 61045'50" EAST 33.69 FEET; SOUTH 59034'03" EAST 78.55 FEET; SOUTH 76037'27" EAST 30.66 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 48038'15" EAST 10.65 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE, THE FOLLOWING FOUR (4) COURSES: NORTH 76°37'27" WEST 40.82 FEET; NORTH 59034'03" WEST 7920 FEET; NORTH 61°45'50" WEST 34.81 FEET; NORTH 34-24'15" WEST 16.60 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL; THENCE ALONG SAID NORTHWESTERLY LINE, NORTH 34056'11" EAST 5.34 FEET TO THE TRUE POINT OF BEGINMNG. CONTAINING AN AREA OF 829 SQUARE FEET, MORE OR LESS. ��P N AYIS DESCRIPTION CHECKED BY: o No. 6314 Exp/jZ:3/-09 2000 DATE DOU AS L.AYLS L.S. 0.6314 qT� O� CA�`�� EXPIRES: 12/31/2002 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIII II IN 200@m0 If321 2 N:\SJ0647\Win\plat-tce.doc EXHIBIT "B-1" Becring Tc le No.I Bearing Distance L1 S 34'24'15" E 17.27 L2 S 61'45'50" E 33.69' L3 S 76'37'27" E 30.66' L4 N 76'37'27" W 40.82' LS N 61'45'50" W 34.81' P.O.C. po. L6 N 34'24'15 W 16.60 3 u' S 48'38'15" E 10.65' "n T.P.O.B.78.55' LI L2 S 59'34'03 �4 N 34'56'11" E �g 20' 5.34' 46�— NN 59'34'03 W \ 5' T.C.E. t l FIRST INTERSTATE BANK OF CALIFORNIA Q I DOCUMENT NO. 94128237 I O in LEGEND: T.C.E. TEMPORARY CONSTRUCTION EASEMENT P.O.C. POINT OF COMMENCEMENT T.P.O.S. TRUE POINT OF BEGINNING U 3 0 u4 /a nj NZ /V. F do BAYSHORE HIGHWAY gi IIIIIIIIIIIIIIIIIIIIII IIIIIII VIIIIIIIIIIIIIIIIIIIIIIII 2Page 0®®21 a 21 F 12 ��_ NOLTE �� tNOiN [[RING o¢ �;> ONE N. FIRST STREET, SUTfc X450 f�YSA W W W.NOI E COM PLAT TO ACCOMPANY 4 LEGAL DESCRIPTION BICYCLE/PEDESTRIAN T.C.E. OF 4 JOB NUN PREPARED FOR: DATE SUBMITTED: 01-06-00 57064