Resolution 15143CITY OF ALAMEDA RESOLUTION NO. 15143
ACCEPTING A GRANT OF EASEMENT TO THE CITY OF ALAMEDA
FROM AMSTAR -105, LLC, FOR AN UTILITY EASEMENT LOCATED
NEAR THE CORNER OF HARBOR BAY PARKWAY AND NORTH
LOOP ROAD (WATERFRONT AT HARBOR BAY) AND DIRECTING
THE CITY CLERK TO RECORD THE EASEMENT
WHEREAS, a utility easement for the Waterfront at Harbor Bay was dedicated to
the City of Alameda; and
WHEREAS, commercial development has resulted in portions of two commercial
buildings encroaching onto the utility easement; and
WHEREAS, the encroachments do not impact existing utilities; and
WHEREAS, the property owner has offered to dedicate to the City a new
easement for the utilities which would not be under the two buildings if the existing
easement were terminated; and
WHEREAS, that solution is acceptable to the City; and
WHEREAS, on April 19, 2016 the City Council terminated the existing easement.
NOW, THEREFORE BE IT RESOLVED that the City Council of City of Alameda
does hereby accept the utility easement located at 1601, 1701, 1751 and 1801 Harbor
Bay Parkway and 1750 North Loop Road and directs the City Clerk to record the Grant
of Easement attached hereto as Exhibit A.
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RECORDING REQUESTED BY
CITY OF ALAMEDA:
1 %:iii 174107-,-1 A-9 fT "lifI1C +�
City of Alameda
Public Works Department
950 West Mall Square, Room 114
Alameda, California 94501 -7575
Grant of Easement
(Please record in accordance with Government Code Section 6103)
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WHEN RECORDED, MAIL TO:
City of Alameda
Public Works Department
950 West Mall Square, Room 110
Alameda, California 94501-7575
Recorded for the benefit of the City of Alameda
Pursuant to Government Code Section 6103
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF EASEMENT
THIS GRANT OF EASEMENT (this "Agreement") is entered into as of this _ day
of '2016, by and between AMSTAR-105, LLC, a Colorado limited
liability company ("Grantor"), and THE CITY OF ALAMEDA, CALIFORNIA, a municipal
corporation existing under the laws of the State of California ( "City ").
Recitals
This Agreement is made with respect to the following facts:
A. Grantor is the owner of the real property known as Waterfront at Harbor Bay
located at 1601-1851 Harbor Bay Parkway and 1750 North Loop Road, in the City of Alameda,
Alameda County, California (the "Grantor Property").
B. Grantor desires to grant to the City, a permanent nonexclusive easement for the
purpose of maintaining, restoring, repairing, replacing, and operating certain utilities, including
the right of ingress to and egress from said easement (the "Easement"), in, over, under, across,
and along those parcels or strips of land located within the Grantor Property, more particularly
described on Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by
this reference (the "Easement Area").
Agreement
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein and other valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Grantor and the City hereby agree as follows:
1. Recitals. The Recitals set forth above are hereby incorporated into and made a
part of this Agreement.
13533362
2. Grant of Easement. Grantor hereby grants the Easement to the City, in, over,
under, across, and along the Easement Area.
3. Use and Reservation by Grantor. Grantor hereby reserves for itself and its
successors in interest, the right to use the Easement Area for any and all purposes that are not
inconsistent with and do not unreasonably interfere with the use of the Easement by the City
pursuant to the terms of this Agreement.
4. Binding Effect. Subject to the express terms of this Agreement, this Agreement
will inure to the benefit of and be binding upon the parties hereto and their respective heirs,
successors and assigns.
S. Recording. This Agreement will be recorded in the Official Records of Alameda
County, California.
6. Headings. The captions and headings of any sections herein are not part of and in
no manner or way define, limit, amplify, change or alter any term, covenant or condition of this
Agreement.
7. Governing Law. This Agreement is governed by and construed in accordance
with the laws of the State of California.
[Remainder ofpage intentionally left` blank; signature and notary on following page)
13SU361
EXECUTED as of the date first written above.
AMSTAR-105, LLC,
a Colorado limited liability company
By:
Nam.: jRo e Toomey, Jr.
Title: th ri d Representative
STATE OF COLORADO
CITY AND ss:
COUNTY OF DENVER
The foregoing instrument was acknowledged before me this day of February,
2016, by Robert A. Toomey, Jr., as Authorized Representative of Amstar -105, LLC, a Colorado
limited liability company, on behalf of said limited liability company.
Witness my hand and official seat.
71---]
My commission expires:
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Notary Public
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I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular
meeting assembled on the 19th day April, 2016, by the following vote to wit:
AYES: Councilmembers Daysog, Ezzy Ashcraft, Matarrese, Oddie
and Mayor Spencer — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 20th day of April, 2016.
la ✓c � ,
Lara Weisiger, City CI rk
City of Alameda �
Approved as to Form:
Janet C em, City Att rney
City of lameda