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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. 10:3alayr:� 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) 1353336.2 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: 1353336,2 Notary Public I--. -a44 - tl 3 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