HomeMy WebLinkAboutReso 189-2021 (21-779)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 189-2021
File Number: 21-779 Enactment Number: RES 189-2021
A RESOLUTION APPROVING THE SUMMARY
VACATION OF PUBLIC SEWER EASEMENT FOR A
SEWER MAIN ON THE PROPERTY APN 015-010-910
(375 & 377 OYSTER POINT BOULEVARD) DUE TO
SEWER MAIN ABANDONMENT.
WHEREAS, Kilroy Oyster Point ("KOP") development being constructed by Kilroy Realty
Corporation ("Developer") has proposed redevelopment of the existing building at 375 & 377 Oyster
Point Boulevard (APN: 015-010-910) as part of the KOP Phase 2 scope; and
WHEREAS, a public sanitary sewer easement ("Easement") was granted by the previous
property owners to the City of South San Francisco ("City") in 1982 for the purposes of the sanitary
sewer main via DOC 84099998 described in Exhibit A; and
WHEREAS, the existing sewer main was installed to service 345, 347, 349, 375, 377, and 379
Oyster Point Boulevard and connects to Oyster Point Boulevard north of Marina Boulevard; and
WHEREAS, sewer service for 345, 347, and 349 Oyster Point Boulevard has been reconnected
to Oyster Point Boulevard between Eccles Avenue and Gull Drive; and
WHEREAS, the 375, 377, and 399 Oyster Point Boulevard buildings are proposed to be
demolished by the Developer; and
WHEREAS, the existing sewer main no longer provides service to any buildings, is not part of
the proposed KOP development, and now considered to be abandoned; and
WHEREAS, as City staff have determined the Easement to be excess and no other public
facilities are located within the Easement, the Easement may be summarily vacated pursuant to Streets
and Highways Code section 8333, to facilitate development of the KOP development project; and
WHEREAS, the Easement to be vacated is described by plat and legal descriptions in Exhibit
B.
THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco
hereby takes the following actions:
1. Approves of the summary vacation of the Public Sanitary Sewer Easement located within
the property APN 015-015-9100 (375 & 375 Oyster Point Boulevard) and as described in
Exhibits A and B.
City of South San Francisco Page 1
File Number: 21-779
Enactment Number. RES 189-2021
2. Authorizes the City Manager to execute the necessary documents to effectuate the
summary vacation of the Public Sanitary Sewer Easement, subject to review and
approval as to form by the City Attorney, and take any other action necessary to
accomplish the intent of this resolution.
At a meeting of the City Council on 11/10/2021, a motion was made by Vice Mayor Nagales,
seconded by Councilmember Coleman, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Addiego, Vice Mayor Nagales, Councilmember Nicolas, Councilmember
Coleman, and Councilmember Flores
Attest by ( 0 '�L �
osa Govea Acosta, City Clerk
City of South San Francisco page 2
RESOLUTION NO. 133-82
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFOPNIA
A RESOLUTION ACCEPTING A GRANT OF
SANITARY SEWER EASEMENT FROM DIODATI ,
PROPERTY TRUST AND PATRICIAN ASSOCIATES,
INC. ( OYSTER POINT BUSINESS PARK)
BE IT RESOLVED by the City Council of the City of South San Francisco
that: ,
1. Acceptance of Grant. -
. The Grant of Sanitary Sewer Easement from Diodati Property Trust
and Patrician Associates, Inc. at 375 Oyster Point Boulevard to the City of
South San Francisco is hereby accepted, and a copy of said Grant of Sanitary
Sewee Easement is attached hereto as Exhibit '1."
2. Recordation.
The City Clerk is authorized to record or cause recordation of
said Grant of Sanitary Sewer Easement in the Office of the County Recorder of
San Mateo County.
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 regular
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meeting held on the 3rd day of Novenber 1982, by the following
vote: '7t
AYES- Councilmembers Ronald G. Acosta, Hark N. Addiego, Emanuele N. Damonte,
Gus Hicolopulos; and Roberta Cerri ieglia
NOES: None
ABSENT: None
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ATTEST:�/ Barbara A. Sattaya
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EXHIBIT "1" to Resolution No. 133-82
adopted 11/3/82
GRANT OF SANITARY SEWER EASEMENT
This indenture, made this�day of 0QX"4-A--, , 1982,
between Diodati Property Trust and Patrician Associates, Inc. ,
hereinafter called GRANTOR, and the CITY OF SOUTH SAN FRANCISCO, a
municipal corporation of the State of California, hereinafter called CITY.
WITNESS the following, that Grantor does hereby grant and
convey to the City and to its successors, and assign to the City a
perpetual easement with right of ingress and egress, for the purpose
of lane, installing, maintaining, repairing, protecting and replacing
sanitary sewers within the easement delineated on the map as "EASEMENT
TO BE GRANTED," attached hereto and designated, 'EXHIBIT A," as •SANITARY
SENER EASEMENT," said easement being situated in the City of South San
Francisco, County of San Mateo, State of California, being more particularly
described as follows:
EASEMENT TO BE GRANTED
See "EXHIBIT A" attached hereto
The easement herein granted shall not be used to build or
construct any permanent structure excepting sewer facilities related to
the use of said easement and lawful fences or similar minor structures.
All of the rights, or any herein granted by this statement to
said City may be assigned without warranty, express or imply to any person,
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firm, or corporation authorized by law to operate or maintain a public
sewer and related facilities, at the option of and on such terms and
conditions as may be designated by the City.
GRANTOR: D 0 ATI OPERTY TRUST
y ATTEST: ✓
R har io ati �.
PATRICIAN ASSOCIATES, INC.
BY DATE /C7fiyrC'L 2^
;,: � REBlIC'.1iFxYrt-:.-tip.
/1 OATE:_�I/Y
STATE OF IOWA )
ss
COUNTY OF POLK )
On this 14th day of October ,in the year 19 82 , before me,
the undersigned ,a Notary Public of said State, duly commissioned and
sworn, personally appeared E. J. Yavra and W. E. Knowles
known to me to be the Yice President and Vice President
STATE OF IOWA }
) ss
COUNTY OF POLK )
On this 14th day of October ,1982, before me, the undersigned
a Notary Pub is of said State, duly commissioned and sworn, personally
appeared Richard A. Diodati who executed the within instrument
and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
seal the day and year in this certificate first
{above written.
Notary Pub i
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d •. JANIES.RAYNOND
• SSeeq IDaO1 i4F7N95
EXHIBIT A
PARCEL A
Said easement being 10 feet in width measured at right
angles easterly and southeasterly of, parallel and adjacent to
the folloting described westerly and northwesterly line of said
easement; Beginning at a Point on the easterly line of lands
described in that certain Deed recorded in Volume 6717' of
Official Records of San Mateo County, California at Page 192,
said Point of Beginning being located along the said easterly
line S 00.00' 55" E 106.00 feet from the northeasterly corner
of said _lands; thence from said Point of Beginning alopg said
easterly line N 00 00' 55" W 106.00 feet; thence along the
general southerly line of Parcel 1 as shown on that certain map
entitled "Oyster Point Business Park", which map was recorded in
Volume 52 of Parcel Maps at Page 59, San Mateo County Records,
N 640 44' 05" E 42.60 feet, thence continuing N 33' 44' 05" E
167,01 feet to a point called "Point X" for reference, and the
northeasterly terminus of said Parcel A. -
PARCEL B
Said easement being a strip of land 12 feet in width
measured at right angles southerly from, parallel and adjacent
to the following described northerly line of said easement:
Beginning at a point on the southerly line of Parcel 1 as shown
on the above described Parcel Map, said Point of Beginning
being "Point X" above mentioned; thence from said Point of
Beginning along the southerly line of said Parcel 1 N 89' 59' 05" E
271.08 feet to the lands of the City of South San Francisco and
the easterly terminus of said easement. The westerly terminus of
this Parcel B is contiguous for its full width to a line
bearing N 330 44' 05" E.
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EXHIBIT "1" TO RESOLUTION NO. 133-62
ADOPTED 11/3/G2
GRANT OF SANITARY SEWER EASEMENT
(L
This indenture, made this day of 1932,
between Diodati Property Trust and Patrician Associates. Inc.
hereinafter called GRANTOR, and the CITY OF SOUTH SAN FRANCISCO, a
municipal corporation of the State of California, hereinafter called CITY.
WITNESS the following, that Grantor does hereby grant and
convey to the City and to its successors, and assign to the City a
perpetual easement with right of ingress and egress, for the purpose
of lane, installing, maintaining, repairing, protecting and replacing
sanitary sewers within the easement delineated on the map as "EASEMENT
TO BE GRANTED," attached hereto and designated, "EXHIBIT A," as "SANITARY
SEWER EASEMENT," said easement being situated in the City of South San
Francisco, County of San Mateo, State of California, being more particularly
described as follows:
EASEMENT TO BE GRANTED
See "EXHIBIT A" attached hereto
The easement herein granted shall not be used to build or
construct any permanent structure excepting sewer facilities related to
the use of said easement and lawful fences or ,tmilar minor structures.
All of the rights, or any herein granted by this statement to
said City may be assigned without warranty, express or imply to any person,
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firm, or corporation authorized by law to operate or maintain a public
5ewer,and related facilities, at the option of and on such terms and
conditions as may be designated by the City.
GRANTOR: DIO ATIPBOPERTY TRUST
By , n ATTEST: ✓/
R har A. Dio ati
PATRICIAN ASSOCIATES, INC.
w f _ By L t4 — DATE:-- oi fr L
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN NATEO )
On this day of , in the year 1982,
before me, , a Notary Public
of said State, duly commissioned and sworn, personally
appeared and
known to be the and
of
the corporation that executed the within instrument and
acknowledged to me that such corporation executed the same
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my seal the day and year in this certificate first
above written.
`YF+C•
Notary Public
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STATE OF IOWA )
ss
COUNTY OF POLK )
On tAis
S2009 -)9S
day of October ,in the year 19 82 , before me,
,a Notary Public said State, duly commissioned and
sworn, personaiiy appeared E. J.yavra and W. E. Knowles
known: to me to be the Vice Pre
of the corporation that execut3 tF
such corporation executed the same.
FEN
..IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day
and: yeatyjn tRi s certificate first above written.
/
'otary u lic
STATE OF IOWA )
) ss
COUNTY OF POLK )
S20(19911S
On this 14th day of October ,1982, before me, the undersigned
a Notary Public of said State, diily commissioned and sworn, personal ry
appeared Richard A. Diodati who executed the within instrument
and acknow edged to me t at he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
sea] the day and year in this certificate first above written.
�\�g HAY/•o�.,
Notary Publ
ME-
RAMba L lees
EXHIBIT A
PARCEL A
Said easement being 10 fee-t'in width measured at right
angles easterly and southeasterly of, parallel and adjacent to
the follbwing described westerly and northwesterly line of said
easement; Beginning at a Point on the easterly line of lands
described in that certain Deed -recorded in Volume 6711 of
Official Records of San Mateo COLntp, California at Page 192,
said Point of Beginning being located along the said easterly
line S 0° 00' 55': E 106.00 feet from the northeasterly corner
of said lands; thence from said Point of Beginning alopg said
easterly line N 00 00' 55" W 106.00 feet; thence along the
general southerly line of Parcel 1 as shown on that certain map
entitled "Oyster Point Business Park", which map was recorded in
Volume 52 of Parcel Maps at Page 59. San Mateo Countv Records,
N 640 44' 05" E 42.60 feet, thence continuing N 330 44' 05" E
167.01 feet to a point called "Point X" for reference, and the
northeasterly terminus of said Parcel A. -
PARCEL B
Said easement being a_strip of land 12 feet in width
measured at right angles southerly from, parallel and adjacent
to the following described northerly line of said easement:
Beginning at a point on the southerly line of Parcel 1 as shown
on the above described Parcel Map, said Point of Beginning
being "Point X" above mentioned; thence from said Point of
Beginning along the southerly line of said Parcel 1 N 89" 59' 05" E
271.08 feet to the lands of the City of South San Francisco and
the easterly terminus of said easement. The westerly terminus of
this Parcel B is contiguous for its full width to a line
bearing N 330 44' 05" F.
Exhibit B
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4836-0603-4168.1
377904.00001/8-25-21/lab/rch
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
Allen Matkins Leck Gamble & Natsis LLP
Three Embarcadero Center, 12th Floor
San Francisco, CA 94111-4074
Attention: David H. Blackwell, Esq.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $
___Computed on the consideration of value of property conveyed; OR
___Computed on the consideration or value less liens or encumbrances Signature of Declarant or Agent determining tax – Firm Name
remaining at time of sale
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of South San
Francisco, a municipal corporation of the State of California ("City") hereby remises, releases and forever
quitclaims to KR Oyster Point III, LLC, a Delaware limited liability company ("Grantor") all of its right, title
and interest in the real property in the City of South San Francisco, County of San Mateo, State of
California, described in Exhibit "A" attached hereto and incorporated herein by this reference.
The purpose of this Quitclaim Deed is to terminate all of City's right, title and interest in the easement
granted in that certain Grant of Sanitary Sewer Easement recorded on November 16, 1982 as Instrument
No. 82099998 in the Official Records of San Mateo County, California.
Dated: ______________________________ City of South San Francisco, a municipal corporation of the
State of California
By:
Name:
Title:
4836-0603-4168.1
377904.00001/8-25-21/lab/rch -2-
ACKNOWLEDGMENT
State of California )
County of ______________________ )
On _________________________, before me, ,
(insert name of notary)
Notary Public, 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 he/she/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 (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
4836-0603-4168.1
377904.00001/8-25-21/lab/rch
EXHIBIT "A"
-1-
EXHIBIT "A"
LEGAL DESCRIPTION
4836-0603-4168.1
377904.00001/8-25-21/lab/rch
EXHIBIT "A"
-2-