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Home My WebLink AboutReso - CC - 153-2020DocuSign Envelope ID: DA971656-A924-48E0-9F8E-7158FAEE12FE RESOLUTION NO. 153-2020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME SUMMARILY VACATING A PORTION OF AIRPORT BOULEVARD ROADWAY EASEMENT SUPERSEDED BY RELOCATION AND RESERVING AND EXCEPTING FROM THE VACATION A NON -VEHICULAR TRAIL EASEMENT WHEREAS, an Irrevocable Offer of Dedication ("IOD") of an easement for road, utility and related uses was recorded in Book 5610, page 292 of the San Mateo Official Records on March 12, 1969; and WHEREAS, the IOD was accepted by Resolution 46-86 of the City Council of the City of Burlingame ("City"), which was adopted on April 21, 1986 and recorded on May 15, 1986 at page 86052845 of the San Mateo County Official Records; and WHEREAS, the IOD includes a section of Airport Blvd. that must be realigned as an element of the Burlingame Point project ("Superseded Section"), which is more particularly described in Exhibit A attached hereto; and WHEREAS, the Superseded Section is owned in fee by the State Lands Commission ("SLC") and is leased by Burlingame Point LLC, the developer of the Burlingame Point project; and WHEREAS, Burlingame Point LLC's lease contemplates that the City will vacate the portion of the land described in the IOD that comprises the Superseded Section, with the City reserving a public easement for a non -vehicular trail within the Superseded Section; and WHEREAS, by virtue of the completed construction of the new Airport Blvd alignment within the boundaries of the Burlingame Point project, the Superseded Section has been relocated and is not needed for street or highway purposes; and WHEREAS, Streets and Highways Code Section 8330(a) provides that "The legislative body of a local agency may summarily vacate a street or highway that has been superseded by relocation;" and WHEREAS, Streets and Highways Code Section 8340 allows the City to reserve and except from vacation an easement to construct and maintain non -vehicular trails for use by the public in, upon, over, and across a street or highway proposed to be vacated; and WHEREAS, the City Council desires to reserve an easement over the Superseded Section for a non -vehicular trail, which is more particularly described in Exhibit A attached hereto; and WHEREAS, in addition to the City's reservation of a public easement for a non -vehicular trail, in accordance with Special Condition II.C.1 of Permit No. 2013.001.01, as amended, issued by the San Francisco Bay Conservation and Development Commission ("BCDC"), the Superseded Section is also subject to that certain Agreement Imposing Public Access Restrictions on the Use AFDOCS/17990566.1 DocuSign Envelope ID: DA971656-A924-48E0-9F8E-7158FAEE12FE of Real Property, dated as of July 6, 2018, by and between Burlingame Point LLC and BCDC, recorded on July 12, 2018 as Instrument No. 2018-054643 in the Official Records of San Mateo County, California, which requires the Superseded Section to be permanently restricted for public access purposes, including but not limited to walking, bicycling, sitting, viewing, fishing, picnicking, and related purposes. WHEREAS, on May 14, 2012, the Planning Commission conducted a duly noticed public hearing on the Burlingame Point project, and made a recommendation to the City Council to approve the project, based, in part, on a determination that the project conforms with the General Plan; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED, that the City Council determines and orders as follows: Section 1. The City Council hereby finds and determines that the Recitals of this Resolution are true and correct and adopts them as further findings of the City Council in this matter. Section 2. The City Council finds that the vacation of the Superseded Section will not: (a) cut off all access to a person's property which, prior to relocation, adjoined the street or highway; or (b) terminate a public service easement. Section 3. Based upon the Recitals and findings of this Resolution and pursuant to the provisions of Sections 8330 - 8336, and 8340 of the Streets and Highways Code, the City Council does hereby order that the Superseded Section as described and shown on Exhibit A shall be and hereby is summarily vacated, and from and after the date this resolution is recorded, the Superseded Section no longer constitutes a street, except that the City Council hereby expressly reserves and exempts from said summary vacation an easement over the Superseded Section to be used for non -vehicular trail uses as shown in Exhibit A. Section 4. The City Clerk shall cause a certified copy of this Resolution, including Exhibit A, and attested under seal, to be recorded in the office of the County Recorder of San Mateo County. Section 5. The summary vacation of the Superseded Section is exempt from review under the California Environmental Quality Act ("CEQA") pursuant to Title 14 California Code of Regulations Section 15305 as a minor alteration in land use limitations. Section 6. The City Manager is hereby authorized to take any and all actions necessary, and execute any and all documents required to effectuate the purposes and effect of this Resolution. DocuSigned by: Emi y Beach, Mayor AFDOCS/17990566.1 DocuSign Envelope ID: DA971656-A924-48E0-9F8E-7158FAEE12FE I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 7th day of December, 2020 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, O'BRIEN KEIGHRAN, ORTIZ NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE "D�ocuSigned by: Meaghan Hassel -Shearer, City Clerk Exhibit A: Legal description and plat of the Superseded Section and easement for non -vehicular trail easement AFDOCS/17990566.1 DocuSign Envelope ID: DA971656-A924-48E0-9F8E-7158FAEE12FE Exhibit A Legal Description and Plat of the Superseded Section and Easement for Non -Vehicular Trail Uses AFDOCS/17990566.1 David Jungmann, PLS 9267 DocuSign Envelope ID: DA971656-A924-48E0-9F8E-7158FAEE12FE 1 —0 November 19, 2020 M. Project No. 20150232 IME EXHIBIT A BKF LEGAL DESCRIPTION ENGINEERS All that certain real property situate in the City of Burlingame, County of San Mateo, SURVEYORS State of California, being a strip of land of the uniform width of 84.00 feet, said strip PLANNERS being described more particularly as follows: Being a portion of that certain Airport Boulevard Right -of -Way as described in that certain Resolution No. 16-69, recorded March 3, 1969 in Book 5610, at pages 291 through 294, Official Records of said County; BEGINNING at the northeasterly corner of Parcel 2 as said parcel is shown on that certain Parcel Map No. 16-02, recorded September 29, 2017 in Book 83 of Parcel Maps, at pages 57 and 58, Official Records of said County, said corner being the TRUE POINT OF BEGINNING of this description; Thence along the easterly prolongation of the northerly line of said Parcel 2, South 89°59'39" East, 84.00 feet to the easterly line of said Airport Boulevard Right -of -Way; Thence southerly along said easterly line, South 00°00'35" West, 590.86 feet to the easterly prolongation of the southerly line of said Parcel 2; Thence westerly along said prolongation and said southerly line, North 90°00'00" West, 84.00 feet to the southeasterly corner of said Parcel 2; Thence northerly along the easterly line of said Parcel 2, North 00°00'35" East, 590.87 feet to the TRUE POINT OF BEGINNING. Containing 49,632 square feet or 1.14 acres, more or less. A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit B. This legal description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors' Act. �p.L L D. JI11yQ�G9`�.t oT �z 9 Ho. 9— P2� OF END OF DESCRIPTION Page 1 of 2 11 /19/2020 Date DocuSign Envelope ID: DA971656-A924-48E0-9F8E-7158FAEE12FE LANDS OF THE STATE OF CALJFORNJA (PORTJON OF PARCELS 11 2 AND 3) (8 PM 33) &: ( PARCEL 3) (61 98 D.R. 76) S89°59'39"E 563 .66' TRUE POINT OF BEGINNING GRAPHIC SCALE 0 80 160 PORTION OF 84.00' STREET RIGHT OF WAY AND ACCESS EASEMENT PER 5610 O.R. 291 LEGEND O.R. OFFICIAL RECORDS PM PARCEL MAP SQ.FT. SQUARE FEET BOUNDARY LINE ROAD CENTERLINE RADIAL LINE TO BE VACATEDREA 49,632± SQ.FT. OR 1.14± ACRES AIRPORT BOULEVARD (78' WIDE - PUBLIC) ( PARCEL 3) (83 FM 57-58) N90°00'00"W 16530' $4.00' N90°00'00"W 20 } T 010mm lZ + �uHORELINE DR., VEA QQQ�fOFY,CA94065 Jobjft 20150232 Date i EAINE0 S . SIFVEy0RS . PLAN4 S www.bkf.com By Chkd. DCJ 2 6) CD "1 DocuSign Envelope ID: DA971656-A924-48E0-9F8E-7158FAEE12FE OF 2