HomeMy WebLinkAboutReso - CC - 045-1999RESOLUTION 45-1999
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ACCEPTING
GRANT OF EASEMENT FROM TODAY'S III, INC. FOR STORM DRAIN PURPOSES AT
835 AIRPORT BOULEVARD TO SERVE THE CITY PARK
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, the City is developing the former landfill site as a public park for various
recreational uses; and
WHEREAS, some of the storm drainage from the parking area for the City park will be
directed to the storm drainage improvements on the property owned by Today's III, Inc., currently
operating the Doubletree Hotel on the property; and
WHEREAS, Today's III, Inc. is willing to grant the City an easement to allow this storm
drainage as part of the ongoing effort to work together on and share the parking area for the park,
NOW, THEREFORE, IT IS ORDERED:
1. The Storm Drain Easement Agreement attached hereto as Exhibit A, conveying a storm
drain easement across 835 Airport Boulevard is approved and accepted, and the City Manager is
directed to execute the Agreement by and on behalf of the City..
2. The City Clerk is directed to record the Easement Agreement and this Resolution with the
County Recorder of the County of San Mateo.
M�zw�, ._,� \VJ ,
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 3rd
day of MAY ,1999, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: GALL I GAN, JANNEY, KNIGHT, 0' MAHONY, SP 1 NELL I
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE X?
CITY CLERK /
RECORDING REQUESTED BY:
City Clerk
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
WHEN RECORDED RETURN TO:
City Clerk
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
STORM DRAIN EASEMENT AGREEMENT
This Storm Drain Easement Agreement ("Agreement") is made and entered into as of April
, 1999, by and between Today's III, Inc., a California corporation (hereinafter referred to as
"Grantor" without regard to number or gender) and City of Burlingame (hereinafter referred to as
"Grantee").
RECITALS
A. Grantor is the fee owner of certain real property situated in the City of Burlingame,
County of San Mateo, California commonly known as 835 Airport Boulevard (hereinafter referred to
as "the Doubletree Hotel property" or "Servient Tenement"), and more particularly described in
Exhibit "A", which is attached to this Agreement and hereby incorporated by reference.
B. Grantee is the fee owner of a recreational park facility built on adjacent Iandfill to the
north of the Doubletree Hotel property in the City of Burlingame, County of San Mateo, California
(hereinafter referred to as the "Park Facility" or "Dominant Tenement") commonly known as 250
Anza Boulevard, Burlingame, California.
C. On or about June, 1997, the parties entered into a Shared Parking and License
Agreement ("Parking Agreement") for the shared use of a parking lot on the Grantee's Park Facility.
D. Grantee desires to acquire certain rights in Grantor's Servient Tenement for storm
drainage purposes.
1. Grant of Easement. Grantor hereby grants to Grantee an easement subject to the
terms of this Agreement.
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STORM DRAIN EASEMENT AGREEMENT
2. Character of Easement. The easement granted in this Agreement is appurtenant
to the Dominant Tenement.
3. Location of Easement. The specific location of the easement granted in this
Agreement is identified in improvement plans and drawings (the "Improvement Plans") prepared by
Grantee, its agents, servants or employees. The easement shall be confined and limited to the area of
the Doubletree Hotel property identified and described in the Improvement Plans. The location of the
easement shall not be changed without the prior written consent of Grantor, which consent Grantor
may withhold in its sole and absolute discretion. The Improvement Plans identifying the specific
location of the easement are attached hereto as Exhibit "B" and incorporated by reference herein.
4. Description of Easement. The easement granted in this Agreement is for storm
drainage purposes, including the rights to excavate, install, replace, repair, maintain and use, as
Grantee shall, from time to time, elect within the limited area of the Doubletree Hotel property
specifically identified and described in the Improvement Plans and more particularly described in
Exhibit "C" attached hereto and incorporated by reference herein.
5. Term of Easement. The easement granted in this Agreement shall commence on
the date of this Agreement and shall terminate upon the earlier of the occurrences specified in the
Parking Agreement.
6. Improvement Work. Grantee agrees to install and construct all improvements
("Improvement Work") under this Agreement in accordance with the Improvement Plans.
7. Coordination of Improvement Work. The dates and times of the installation
and construction of all improvements shall be coordinated with the Grantor so as to miniinize the
disruption to the operation of the Doubletree Hotel.
8. Restoration.. Upon completion of the Improvement Work, the Grantee shall'
restore the Doubletree Hotel property to the condition of the property prior to the Improvement Work
by the Grantee.
9. Maintenance and Repair. Grantee shall be solely responsible for any repair to
or maintenance of the storm drain and for all costs related to any repair or maintenance by Grantee,
its agents, servants or employees.
10. Indemnification. Grantee shall indemnify, hold harmless and defend Grantor
from and against any costs, loss, liability, expense, damage, injury, claim, demand, cause of action,
proceeding (whether civil, criminal, administrative or investigative), including attorneys' fees, expert
witness fees, court costs, judgments, fines and amounts paid in settlement directly or indirectly arising
by reason of, in connection with, on account of, or pertaining to the granting of this easement and the
exercising by Grantee of its rights under this Agreement, including, without limitation, to excavate,
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STORM DRAIN EASEMENT AGREEMENT
install, replace, repair, maintain and use, as Grantee shall, from time to time, elect within the limited
area of the Doubletree Hotel property specifically identified and described in the Improvement Plans.
In the event Grantee shall be obligated to pay the expenses of any proceeding against Grantor,
Grantee, if appropriate, shall assume the defense of such proceeding, with counsel approved by
Grantor, which approval shall not be unreasonably withheld. After assumption of such defense, the
Grantee shall not be liable to Grantor for any fees of counsel subsequently incurred by Grantor with
respect to the same proceeding, provided that Grantor shall have the right to employ its own counsel
in any such proceeding at Grantor's expense; and if Grantor shall have reasonably concluded that
there may be a conflict of interest between Grantee and Grantor in the conduct of any such defense or
Grantee shall not in fact have employed counsel to assume the defense of such proceeding, then the
fees and expenses of Grantor's counsel shall be at the expense of Grantee. Grantor shall be entitled to
specifically enforce this provision, including, but not limited to, obtaining injunctive or declaratory
relief. The right to injunctive relief herein shall specifically supersede any language otherwise
requiring arbitration or mediation of disputes, and if any parry seeks injunctive relief to compel the
provision of or payment for counsel, the defense that the relief sought is mandatory in nature is
specifically waived and shall not be used or considered. The parties agree that Grantor shall suffer
irreparable injury if the indemnification or defense obligations are not performed in accordance
herewith.
11. Non -Exclusive Easement. The easement granted in this Agreement is non-
exclusive. Grantor retains the right to make use of the Servient Tenement, including the right to
grant concurrent easements in the Servient Tenement to third parties, provided such use does not
interfere unreasonably with Grantee's free use and enjoyment of the easement.
12. Assignment. This Agreement, including any interest in this Agreement, shall not
be assigned without tete prior written consent of the Grantor.
13. Attorneys' Fees. If any legal proceeding or action is commenced arising out of
or relating to this Agreement by either party to this Agreement, the prevailing party shall be entitled
to receive from the other party, in addition to any other relief that may be granted, the reasonable
attorneys' fees, costs, and expenses incurred in the action or proceeding by the prevailing party.
14. Entire Agreement. This Agreement constitutes the entire agreement between
Grantor and Grantee relating to the above easement. Any prior agreements, promises, negotiations,
or presentations not expressly set forth in this Agreement are of no force and effect. Any amendment
to this Agreement shall be of no force and effect unless it is in writing and signed by Grantor and
Grantee.
15. Governing Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of California.
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STORM DRAIN EASEMENT AGREEMENT
16. Binding Effect. This Agreement shall be binding on and shall inure to the
benefit of the heirs, executors, administrators, successors, and assigns of Grantor and Grantee, except
as otherwise provided in this Agreement.
GRANTOR:
TODAY'S III, INC.
to
GRANTEE:
CITY OF BURLINGAME
Q
STORM DRAIN EASEMENT AGREEMENT
STATE OF CALIFORNIA )
ss.
COUNTY OF 1
On this day of , 1999, before me,
personally appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument, and acknowledged that he/she executed the same in his/her
authorized capacity, and that by his/her signature on the instrument the person, or the entity upon-
behalf
ponbehalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
STATE OF CALIFORNIA )
ss.
COUNTY OF
On this day of , 1999, before me,
personally appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument, and acknowledged that he/she executed the same in his/her
authorized capacity, and that by his/her signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
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STORM DRAIN EASEMENT AGREEMENT
STORM DRAIN EASEMENT AGREEMENT
EXHIBIT "Af5
LEGAL DESCRIPTION OF THE DOUBLETREE HOTEL PROPERTY
CITY OF BURLINGAME
PARCEL "A", AS DESIGNATED ON THE MAP ENTITLED, "PARCEL MAP BEING A
RESUBDIVISION OF THE BLOCK #4, `ANZA AIRPORT PARK UNIT NO. T, AND A
PORTION OF THE LANDS OF THE CITY OF BURLINGAME, BURLINGAME, SAN MATEO
COUNTY, CALIFORNIA", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER
OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON DECEMBER 21, 1984, IN
BOOK 55 OF PARCEL MAPS AT PAGES 48 AND 49.
ASSESSOR'S PARCEL NOS. 026-343-430
026-343-440
N:�CLMNTS122V152.030\BURLEASE.AGR
JOINT PLANT NOS. 026-029-290-30.01A
098-090-004-0001T
098-090-004-0002T
098-090-004-0003T
098-090-004-0004T
STORM DRAIN EASEMENT AGREEMENT
EXHIBIT "B"
IMPROVEMENT PLANS
Callander Associates
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EXHIBIT "C"
STORM DRAIN EASEMENT
A portion of Parcel A as shown on that certain Parcel Map recorded on December 21,
1984 in Volume 55 of Parcel Maps.on pages 48 and 49 in the office of the County Recorder of
San Mateo County and more particularly described as follows:
Commencing at the most northerly corner of said Parcel A, said corner being the
northerly terminus of that certain course described as South 508.60 feet.
Thence from said point of commencement; along the westerly boundary, south 0°00'00"
east 508.60 feet, to the true point of beginning of this description; thence southeasterly, along
said boundary of Parcel A, south 38'00'00" east, 15.00 feet; thence leaving said boundary, north
0°00'00" west 15.00 feet; thence north 90°00'00" west 9.235 feet to the westerly boundary of
Parcel A, thence south along said boundary south 0°00'00" east 3.18 feet to the true point of
beginning of this description. Containing 83.95 square feet more or less.
' rank C. Erbacher, P.E.
City Engineer
�s --i City of Burlingame
, cP,_ ( �..f • _• / R.C.E. 19367
Expires 9/30/01
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