Resolution 15142CITY OF ALAMEDA RESOLUTION NO. 15142
TERMINATING AND RELEASING A GRANT OF EASEMENT
(WATERFRONT AT HARBOR BAY)
WHEREAS, Parcels 1 through 5 and a portion of new parcel 7 of Parcel Map 8320
was filed December 21, 2004, in Map Book 280 at Pages 5-7 in the Office of the County
Recorder, Alameda County, California; and
. WHEREAS, a Utility Easement was dedicated to the City of Alameda and recorded
in the Office of the County of Alameda Recorder on March 24, 2004, Instrument No.
2004124262; and
WHEREAS, commercial development has resulted in portions of two commercial
buildings being built over a portion of the utility easement; and
WHEREAS, the location of the buildings does not impact existing utilities; and
WHEREAS, the property owner has offered to grant the City a new easement for
the utilities which would not be under the two buildings if the existing easement is
terminated; and
WHEREAS, that solution is acceptable to the City; and
WHEREAS, a plat and legal description of the easement to be terminated has been
prepared.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda
that the City Manager is authorized to the City Clerk to record a Termination and Release
of Grant of Easement, attached hereto as Exhibit A.
RECORDING REQUESTED BY
CITY OF ALAMEDA:
WHEN RECORDED, MAIL TO:
City of Alameda
Public Works Department
950 West Mall Square, Room 110
Alameda, California 94501-7575
Termination and Release of Grant of Easement
(Please record in accordance with Government Code Section 6103)
13539-16A
viffta,molof "Ziff,
CITY OF MI. EDA:
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
TERMINATION AND RELEASE OF
GRANT OF EASEMENT
THIS TERMINATION AND RELEASE OF GRANT OF EASEMENT (this
"Termination") is entered into 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
A. SRM-PCCP Harbor Bay Associates, ILLC ( 'SRM-PCCP"), as grantor, granted to
the City, a utility easement consisting of certain strips of land (the "Easement") within a
development 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"), pursuant that certain Grant of Easement dated January 9, 2004, and recorded
March 24, 2004, at Reception No. 2004124262 of the Official Records of Alameda County,
California (the "Easement Agreement").
B. Grantor is the successor-in-interest to SRM-PCCP, and is the current owner of the
Grantor Property.
C. Grantor and the City now desire, to terminate the Easement and the Easement
Agreement.
1353W
Termination
NOW, THEREFORE, Grantor and the City hereby mutually acknowledge, confirm,
agree and declare that, effective as of the date first set forth above:
1. The Easement Agreement is irrevocably terminated and shall be of no further
force or effect.
2. The Easement is irrevocably vacated and shall be of no further force or effect.
3. The Easement Agreement and Easement shall no longer burden, benefit or
otherwise affect the Grantor Property.
4. The Grantor Property shall hereafter be free and clear of the Easement Agreement
and Easement.
This Termination may be executed in counterparts, each of which shall constitute an
original, and which together shall constitute one and the same agreement.
[Remainder of page intentionally left i� blank; signatures and notaries on following pages]
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1353W 1
CITY:
CITY OF ALAMEDA,
a municipal corporation existing under the
laws of the State of California
By:
Name:
Title:
A notary public or other officer completing this certificate
State of California ) verifies only the identity of the individual who signed the
document to which this certificate is attached and not the
County of Alameda } truthfulness, accuracy, or validity of that document
On 2016 before me, ,
personally appeared
who 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 helshe/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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Signature) (Affix Seal)
S
1353946.1
IN WITNESS WHEREOF, Grantor and the City have executed this Termination as of the
date first set forth above.
5-01 �-# U
AMSTAR -105, LLC,
a Colorado limited liability company
By:
Name: �Jlb�
4� e' ft A. Toomey, Jr.
Title: Authorized Representative
STATE OF COLORADO
CITY AND ss:
COUNTY OF DENVER
The foregoing, instrument was acknowledged before me this I 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 seal.
n
Notary Public
My commission expires:
4
1357936.1
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 of 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.
Lara Weisiger, Ciq Clerk
City of Alameda
Approved as to Form
Janet )Z/� Kern, City Attorney
City eAlameda