HomeMy WebLinkAboutReso 4943-1968RESOLUTION NO. 4943
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION OF INTENTION TO VACATE
A PUBLIC SERVICE EASEMENT - PORTION
OF COLMA CREEK (COLMA CREBK RELOCA-
TION - R. H. MACY & CO., iNC.)
BE IT RESOLVED by the City Council of the City of South
San Francisco as follows: :~
1'. This Resolution of Intention is adopted pursuant
to the Public Service Easement Vacation Law, Section 50430,
of the Government Code.
2. The public interest and conve.~ience require, and
it is the intention of this Council, to vacate and abandon
the public serVice easement described in Exhibit "AV attached
hereto.
3. Reference is hereby made to the map entitled "Colma
Creek Easement, Macy's Service Center Dated 11-14-66, Job
~567-C prepared by Hammond-Arata Associates, Civil Engineers,
John A. Bolles Architect, on' file in the office of the City
Clerk for particulars as to said easement to be vacated.
4. The public interest, convenience and necessity
requires the reservation of easements and rights hereinafter
set forth and these vacation proceedings are taken subject
to such reservations and exceptions, and the City does hereby
reserve and except from these vacaticn and abandonment proceed-
ings the following: As set forth on Exhibit "B" attached
hereto.
5. Notice is hereby given~ that Monday, the 21st day
of October , 19 68 , at 8 o'clock p.m., in the
Council Chambers of City Hall, South San Francisco, is hereby
fixed as the time and place when and where all persons interested
in, or having objections to, the proposed vacation of the public
service easement as herein described may appear before said
Council and be heard.
6. Notice of the vacation of said public service ease-
ment shall be posted conspicuously along the line of said
easement or part thereof to be vacated at least ten (10)
days prior to the date set for hearing, and said Notice
shall be posted not more than 300 feet apart, and not less
than three (3) of said Notices shall be posted·
7. Notice of the vacation of said public service ease-
ment shall be published in the "Enterprise-Journal", a news-
paper of general circulation, published in the City of South
San Francisco, and said Notice shall be published at least
two (2) successive weeks prior to the '~earing.
8. A copy of this Resolution shall be submitted to
the Planning Commission of the City of South San Francisco
for its report and reco~endation in accordance with Section
50435 of the Government Code.
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 16th day of $~temhe~
by the following vote:
AYES, COUNCILMEN
NOES,
-
ABSENT, "
Frank J. Bertucelli, Patrick E. Ahern, F. Frank
~tan~nini, Andrew Rocca and Warren Steinkamp
None
None
·
Exhibit "A"
Resolution No. 4943
Vacation and abandonment of public service easement to wit:
Portion of Colma Creek over, across ant through the following
described parcels and easements appurtenant thereto:
PARCEL ONE
That certain real property situate in the City of South
San Francisco, County of San Mateo, St&re 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
certain Deed from Samuel H. Cowell, et al, to E. W. McLellan
Co., a corporation, dated April 30, 1929 and recor_ded May 8,
1929 in Book 413 at page 252 of Official Records (34569-B)
.
said point being also on the Southwesterly line of the Market
Street Railway right of way; thence fr~m said point of beginning,
Northwesterly on and along said Southwesterly line of the
Market Street Railway right of way, to its intersection with
the Southeasterly line of lands described in the Deed from
Ken F. Royce to The Stonecrest Corporation, a corporation,
dated March 30, 1950 and recorded April 3, 1950 in Book 1829
at page 278 of Official Records (4808z-I); thence leaving
the Market Street Railway Right of Way line, Southwesterly
along said Southeasterly line of lands in said last mentioned
Deed, to the intersection thereof witL the Northeasterly line
of the State Highway (El Camino Real) as described in the Deed
from Isabella M. Cowell et al, to the State of California,
dated May 17, 1938 and recorded January 27, 1939 in Book
825 at page 114 of Official Records,. ',51518-D); thence
Southeasterly, along said last mentioued highway line,
to the Northwesterly line of that certain 2.946 acre parcel
of land described in the first above mentioned Deed; thence
Northeasterly along said Northwesterly line of said 2.946
acre parcel to the point of beginning.
PARCEL TWO
That certain real property situa~:e in the City of South
San Francisco, County of San Mateo, State of California,
described as follows:
ALL THAT PORTION of the lands described in the Deed
from Ken F. Royce, to The Stonecrest Corporation, a corpora-
tion, dated March 30, 1950 and recoried April 3, 1950 in
Book 1829 at page 278 of Official Records (48084-I), lying
Northeasterly of the Northeasterly line of E1 Camino Real,
as described in the Deed from Paul Arata, et al, to County
of San Mateo, dated May 3, 1913 and recorded May 26, 1913
in Book 222 at page402 of Deeds, ana Southwesterly of the
Southwesterly line of the former Market Street Railway, as
described in the Deed from Elizabeth C. Hamlin, et al, to
JOhn Flournoy, dated November 13, 1900 and recorded July 12,
1901 in Book 91 of Deeds at page 74, Records of San Mateo
County.
Exhibit
Resolution No.
4943
Reservations and Exceptions:
1. Sewer easement granted to City of South San Francisco by
Stonecrest Corporation by Grant Deed dated December. 18,
1950 (recorded in Book 1997, San Mateo County Official
Records at page 20).
2. Storm drain easement (creek easement) granted to City of
South San Francisco by R. H. Macy ~ompany, Inc., a New
York corporation, by Grant Deed da:ed December 16, 1966
(recorded in Volume 50 to 51, page 311 of San Mateo County
Official Records).
3. Rights of City of South San Francisco including sewer line
easements as contained in the agreement entitled "Sewer
Easement and Agreement, between R. H. Macy & Company,
Inc., a New York corporation, doit g business in California
through a division thereof known as "Macy, California",
and the City of South San Francisco, a municipal corpora-
tion, dated December 12, 1966, and recorded on December 20,
1966, under Recorder's Series 17095AA, Volume 5251 ,
page ~19 , Official Records of San Mateo County.
4. Rights of City of South San Francisco 'including "Creek
Easement" as contained in the agreement entitled "Colma
Creek Relocation Agreement" between R. H. Macy & Company,
Inc., a New York corporation, doing business in California
through a division thereof known as "Macy, California"
and the City of South San Francisco, a municipal corporation,
dated December 12, 1966, and rec,>rded on December 20, 1966,
under Recorder's Series No. 1700~AA, Volume 5251 ,
page )-71 , Official Records df San Mateo County.
5. Ri§hts in an unnamed creek or ditch, on Parcel 1 described
herein which connects with an 8'x4" culvert on the E1
Camino Real.
6. Terms and conditions of the Use Permit set forth in a
resolution of the City Council of -.he City of South San
Francisco No. 4532, passed September 6, 1966, entitled
"A Resolution Grantin§ a Use Permi- to Macy' s, California
to Establish a Particular Use of a_~ Approximate 30 Acre
Parcel of Land Located on the Easterly Side of E1 Camino
Real Approximately 350 Feet Southerly of Hickey Boulevard
in a C-1 District."
2. (Exhibit "B")