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HomeMy WebLinkAboutReso - CC - 086-1993RESOLUTION NO. 86-93 EASEMENT AGREEMENT 835 AIRPORT BOULEVARD Owner: Today's III, Inc. Date: December 6, 1993 APNs: 26-343-430 26-343-440 RESOLVED by the CITY COUNCIL of the City of Burlingame, California that it does hereby authorize the execution of and accepts the Easement Agreement at 835 Airport Boulevard dated December 6, 1993, and that the same be recorded in the office of the County Recorder of the County of San Mateo, California. Fro 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 6th day of December by the following vote: , 1993, and was adopted thereafter AYES: COUNCILMEMBERS: HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ;ft�wpgrr W, 6ho.— or, ��dj%og /� RECORDED AT REQUEST OF AND RETURN TO CITY OF BURLINGAME CITY CLERK 501 PRIMROSE ROAD BURLINGAME, CALIFORNIA 94010-3997 94105507 RESOLUTION NO. 86-93 EASEMENT AGREEMENT 835 AIRPORT BOULEVARD Owner: Today's III, Inc. Date: December 6, 1993 APNS: 26-343-430 26-343-440 RESOLVED by the CITY COUNCIL of the City of Burlingame, California that it does hereby authorize the execution of and accepts the Easement Agreement at 835 Airport Boulevard dated December 6, 1993, and that the same be recorded in the office of the County Recorder of the County of San Mateo,. California. 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 -6th day of December , 1993, and was adopted thereafter by the following vote: AYES: NOES: I hereby certify this to be a full, t and correct copy of the document it purports to be, the original of which on file in my office. Dated: City of Burlingame HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI NONE NONE NO FEE 5 tf EASEMENT AGREEMENT This Easement Agreement is entered into as of 6thday of December, 1993, by and between the City of Burlingame, a municipal corporation (hereinafter referred to as "City") and Today's III, Inc., a California corporation (hereinafter referred to as "Today's"). WITNESSETH: WHEREAS, on May 6, 1985, the City and Ibis Bayview Partnership, Limited entered into an "Agreement For Development of Ibis Hotel Prior To Completion Of Improvements" (hereinafter the "Development Agreement"); WHEREAS, pursuant to the Development Agreement, City assumed certain responsibilities to maintain and monitor the underground and closed landfill area situated under the Property described below, including leachate barrier, clay cap, leachate drain piping, gas venting, piping vents and appurtenances, pumping and electrical control systems and other appurtenances related to monitoring and maintenance of the landfill as required by the California Waste Management Board, Integrated Waste Management Board, California Regional Water Quality Control Board, California Air Quality Control Board, County of San Mateo, and the City of Burlingame (hereinafter the "Governmental Agencies"); WHEREAS, Today's is currently in negotiation for the purchase of the Doubletree Hotel (formally the Ibis Hotel) and appurtenant parking lot, as described, in part, below, and commonly known as 835 Airport Boulevard, from Metropolitan Life Insurance Company, a New York corporation ("MetLife"); WHEREAS, should Escrow close with respect to the sale of the Hotel from MetLife to Today's, then this Agreement shall be binding upon Today's and its successors, heirs, and assigns. NOW, THEREFORE, it is agreed by the parties hereto as follows: (1) Today's hereby grants to the City an easement over, on, along, and in those certain parcels of real property situate, lying and being in the City of Burlingame, County of San Mateo, State of California, more particularly described as follows: (a) All that certain real property situated in the City of Burlingame, County of San Mateo, State of California, being that parcel deeded from the City of Burlingame to Ibis Bayview Partnership, Limited, by deed recorded July 25, 1984, File No. 84081416, and (b) Portions of Lots 1 and 4, Block No. 4, as said lots are shown on that certain map entitled "Anna Airport Park Unit No. 7, Burlingame, San Mateo County, tc:\wp51\doa\mdry\2grecmen\easementagt\ 11-3MI (rue)\4A2pm\(B) '1- California," which map was filed in Volume 98 of subdivision maps at pages 90, 91 and 92 on January 15, 1979 in the Office of the Recorder of San Mateo County, California, said real property also being a portion of Parcel "A" shown on Parcel Map filed in Volume 55 of Parcel Maps, page 49, more particularly described as follows: Beginning at a point on the West line of Lot #1, Block No. 4, as said Lot and Block are shown on that certain Map entitled, "ANZA AIRPORT PARK UNIT NO. 7 BURLINGAME, SAN MATEO COUNTY, CALIFORNIA", which Map was filed in Volume 98 of subdivision maps at pages 90, 91 and 92, on January 15, 1979 in the Office of the Recorder of San Mateo County, California, said point of beginning being further described as being South 55.07 feet from the most northerly corner of said Lot #1; thence northwesterly, along the arc of a curve to the left, with a curve radius of 556.50 feet, said curve being tangent to the course North 72° -49'-14" West at said described point of beginning, through a central angle of 5' -41'-26", for an arc distance of 55.27 feet; thence South along a lone parallel to, and a distance of 53.53 feet West of the West line of said Block No. 4, for a distance of 508.60 feet to an angle point at the Southwesterly corner of that said parcel deed from City of Burlingame to Ibis Bayview Partnership, Limited, thence South 38' -00' East for a distance of 107.00 feet to a point on the Southwesterly line of Lands of Ibis Bayview Partnership, Limited, thence leaving said Southwesterly line North 340.00 feet, North 6° - 20'-34" East 119.00 feet, and North 4° - 59'-37" East 109.27 feet to the southerly line of that parcel described in deed from Ibis Bayview Partnership, Limited to City of Burlingame, recorded July 25, 1984, File No. 84081417, thence along said southerly line on a curve to the left from a tangent bearing North 69` -00'-22" West through a central angle of 3' -48'-52" for an arc distance of 37.05 feet more or less to the point of Beginning. i) To have and to hold for the purpose of operating and maintaining the underground and closed landfill area, leachate barrier, clay cap, leachate drain piping, gas venting, piping vents and appurtenances, pumping and electrical systems and any other appurtenances related to monitoring and maintenance of the adjacent landfill as required by the Governmental Agencies; ii) City agrees to be responsible for the detection and clean-up of any methane or leachate migration or other contamination relating to or emanating from the City's landfill; iii) City shall defend, indemnify and hold harmless Today's from and against any and all liability, costs, damages, claims and expenses (including reasonable attorney's fees) arising from or relating to the performance of its rights under this Easement Agreement; iv) In the event City performs any excavation work to the area located within the Hotel's parking lot, City agrees to restore the parking lot to the condition it was in prior to the City's work, normal wear and tear excepted; v) Prior to undertaking any work pursuant to this Easement Agreement, the City shall use its best efforts to provide at least 24 hours prior notice to Today's or to the 1c\wp51\docs\today\.grecme"\.,e.e.t..gt\ 11ao-v3 (Tuc)\a:ozpm\(NJ) -2- Hotel Manager, and agrees to provide Today's with any and all reports and other documents prepared by it or by others on its behalf relating to its operation and maintenance of the closed landfill area; and vi) Today's shall be responsible for any of its actions or the actions of those persons over whom Today's has the ability to direct and control which causes damage to any portion of the landfill and closure improvements within the easement described herein during Today's ownership of the subject property, except for the normal and customary use of the parking lot area. vii) Five days written notice shall be given to the City engineer of any excavation in the easement area more than 15 inches in depth. In the case of emergencies, notification shall be given as soon as possible to the City Engineer, or if after office hours, through the Police Department. viii) This agreement and required notifications shall not relieve Today's responsibilities to acquire any and all permits necessary to do any work in the easement area. IN WITNESS WHEREOF, the parties have entered into this Agreement as of the day and year first above written. CITY OF BURLINGAME an LZ ATTEST: By State of California County of—5 PLe2FR tXG [u City Manager On tq,l4}y aS, 199 { before me, l--NW'kE&)U- oay- 7 T personally appeared N.rtJ (4 Ki -i 1 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 to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument . LAWRENCE P. HECK I� WITNESS my hand and official seal a COMM. #970570 n n n I�' o NOTARY PUBLIC -CALIFORNIA A Signature a An..�-r o Y" P1G,ry U SAN FRANCISCO COUNTY N (Seal) My Comm. Expires Sap. 5, 1996 l{ CiD d cm tSn