HomeMy WebLinkAboutReso 4973-1968RESOLUTION NO. 4973
CITY COUNCIL, CITY OF SOUTH SAN FRANC-_SCO, STATE OF CALIFORNIA
A RESOLUTION ORDERING THE VACATION OF
A PUBLIC SERVICE EASEMENT - PORTION OF
COLMA CREEK (COLMA CREEK RELOCATION -
R. H. MACY & CO., INC.)
BE IT RESOLVED by the City Council of the City of South
San Francisco that this Council does [.er,by find, order and
determine that:
1. The City Council on the 16th day of September ,
19 68 , adopted its Resolution No. 4943 entitled "A Resolu- ,
.tion of Intention to Vacate a Public Service Easement -
Portion of Colma Creek .(Col__ma~ Creek Relocation - R. H. Macy
& Co., Inc.)".
2. Said Resolution recited that the proceedings were
taken pursuant to the Public Service Easement Vacation Law,.
Section 50430, of the Government Code.
3. Notices were published and posted as .required by
,law in accordance with said Resolution of Intention, all as
appears in the Affidavit of Publication and the Affidavit
of Posting on file in the office of the City Clerk of said
City.
4. Monday, the 21st day of October , 19 68 , at
8 o'clock p.m., in the Council Chambers, City Hall, Grand
and Maple Avenues, South San Francisco, ~ California, was
fixed in said Resolution of Intention as the time and place
when and where any and all persons in~erested in, or having
any objection to, said proposed vacation could appear before
said Council and be heard.
5. No objections of any kind or character have been
or were made or filed against said vacation.
6. A report of the Planning Commission of the City
of South San Francisco has been received and filed reco~nding
the vacation and abandonment of said public service easement.
l.
?. The public service easement designated as a portion
of Colma Creek and easements appurtenant thereto, except as
hereinafter reserved and excepted are unnecessary for present
or prospective public use and the public interest, convenience
and necessity requires, and the Council does hereby order, the
vacation and abandonment of the public se~¢ice easement.and
easements appurtenant thereto, which are more particularly
described in Exhibit "A" attached hereto·
8. The public interest, convenience and necessity
require the reservation and exception of the easements and
rights set forth in Exhibit "B" attac~ed hereto and these
vacation proceedings are taken subject to such reservations
and exceptions, and City does hereby reserve and except
s~me from these proceedings.
9. The City Clerk of said City sbmll cause a certified
copy of this Resolution and Order, attested under the seal
of said City, to be recorded in the office of the County
· Recorder of the County of San Mateo.
. . .
I hereby certify that the foregoing Resolution was
regularly introduced and adopted by the City Council of
the City of South San Francisco at a
meeting held on the 21st day.of
by the following vote-:
regular
October
, 1968_~_,
AYES, COUNCII~N 'Frank J. Bertucelli, Patrick E. Ahern, F. Frank
Mammini, Andrew Rocca and Warren Steinkamp
NOES, " None
ABSENT, " None
ATTEST:
City Cle~.~.
·
.RESOLUTION NO. 4973
Vacation a~d abandon~n~ o£ publlc se~Ice easement to ~.~::
Port;ion of Colma Creek over, across and throus;h the following
descrtbect parcels and easements appurtenant thereto:
P.~RCEL ONE
·
'That certat~ real property slate in the City of South
San Francisco, County of San Marco, State of California,
described as follows:
BEGINNING at the most Northerly corner of that certain
2.946 acre parcel of land described as Parcel 2 in that
certat/1 Deed from Samuel H. Cowell, et al, to E. W. ~Lellau
Co.. a corporation, dated April 30, .1929 and recorded
~929 in ~ok 4~3 a: pase 252 of Official Records (34569 B),
said point bainE also on ~he S~thwest~rly li~e of the ~rke~
Stree~ ~ilway righc of ~y; thence fr~m said-poi~C of beginning,
Northwes=erl~ o~ and a~on~ said Sou~h~sterly ~i~e of the
~rke~ S~ree~ ~il~y righ~ of ~y, ~o i~s in~ersection wi:h
=he Southeasterly line of ~nds descri)ed i~ the Deed from
~n F. P~yce ~o ~e S~o~ecres= Co~ora=io~, a
~ted ~rch 30, ~950 a,d recorded APril 3, ~950 i, Book 1829
a= ~e 278 of Offic~ ~cords (4808~I); thence
the ~rket S~reet ~il~y Right of ~y li~e, South~s=erly
a~ous said Southeasterly Z~e of ~nds i~ said ~as~
De~d, =o the i~ersectio~ =hereof wit~ the Northeaster~
of the S~ate ~way (E% ~~o Real) as described in =he Deed
from Isabella M. Cowe~l et al, ~o ~he S~ate of
~=ed ~y %7, 1938 a,d recorded Jan~ 27,.1939 i~
82~ a= page 114 of Official ~cords, (51518 D); ~hence
S~heasterly, aloes said ~ast ~=io~ed his~y line,
~o the Nor=~es=erly line of that cer~i~ 2.946 acre
of 1cod described i~ the firs~ above ~=toued ~ed;
Northeasterly aloog said Nort~esterly ~e of said 2.946
acre parce~ to the ~in~ of beginning.
PARCEL ~20
That certain real property situate in the City of South
San Francisco, County of San Marco, State of California,
described as fo~lo~:
ALL T~T PORTION of the lands described in the D~ed
from Ken F. Royce, to The Stonecrest Corporation, a corpora-
Zion, dated March 30, 1950 and recorded April 3, 1950 in
Book 1829 at page 278 of Official R~ccrds (48084-I), lying
NOrtheasterly of the Northeasterly li~.e of E1 Camino Real,
as described in the Deed from Paul Ar&~a, et al, to County
of San ~ateo, dated May 3, 1913 and recorded May 26, 1913
in Book 222 at page 402 of Deeds, and Southwesterly of the
Southwesterly line of the former Market Street Kailway, as
described in the Deed from Elizabeth C. Harelip, et als :o
John' Flournoy, da:ed November 13, 190( and recorded July 12,
1901 tn Book 9L of Deeds at pa~e 74, Records of San Halco
Coua:y.
EXHIBIT "B"
RESOLUTION NO. 4973
.
Reservations amd Exceptions':
1. Sewer easement granted to City of South San F=ancisco by
S~onecres~ Co~o=a~oa by Grant D~d ~ced ~~er
1950 (recorded tn ~ok 1997, ~n f~eo C~y OffEc~L
~co~ds a~ pa~e 20).
2. S~om drain ease~a~ ~(creek ease~:) stashed co Ct~y of
Sou~ ~n Francisco by R. H. ~cy Co,any, Inc., a New
York co~racton~ by Gran~ Deed ~ed ~c~e~ 16~ ~966
4~
(recorded in Volume 50 to ~%, page 3%L of San Nateo County
O£fictal B~cords).
~~s of City of South ~an Francisco ~acludtng sewer Xtue
easemants as contained tu the agreement entitled "Sewer
Easement and Agreement, becweeu R. H. Macy & Company,
lac., a New York c~rporatton, dot~.g business in Californ~a
through a division thereof knows as "Macy, Califorala",
and the City o£ South San Francisco, a matcipa% corpora-
tion, dated December 12s ~966, and recorded on Dece~er 20,
~966, ~der ~corder's Serie~ L70C5~, Vo~ ~9~)
pa~e 21.9' , Offic~ ~rds of ~n ~Ceo County.
R~hCs of City oi South ~a ~ancasc° ~cludiu~ "Creek .
~se~nC" as confined t~ Che a~e~uc euCiCled "Co~
Creek ~~Cion A~e~nC" be~eea R. R. ~cy & C~any,
~c.~ a ~ Yo~ cor~ra~ioa, do~n~ bus,ess tn
~rou~ a di~siou Ch~r~f ~o~ as '"~cy, ~lifo~ia"
and =he Ci=y of Sou=h ~n Frauctsco, a ~icipa1 co~ora=ioo,
~=ed ~c~er 12, 1966~ and re~rded o~ ~ce~er 20, 1966,
~o ~7~ , Offtc~l ~cor~ o~ S~ ~eo C~y.
· o
5. Rights in an unnamed creek or ditch on Parcel 1 described
herein which connects with an 8'x£' culvert on the 'El
Camino Real.
6. Terms and conditions of the Use Permit set .forth in a
resolution of the City Council of the City of South San
, Francisco No. 4532, passed September 6, 1966, entitled
"A Resolution Granting a Use Permit to Macy's, California
·
to Establish a Particular Use of an Approximate 30 Acre
Parcel of Land Located on the Easterly Side of E1 Camino
Rmal Approximately 350 Feet So~therly~ of'Hickey Boulevard
in a C-1 District."
2. (Exhibit "B")