Loading...
HomeMy WebLinkAboutReso 06-2007 RESOLUTION NO. 06-2007 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING AND ACCEPTING AN OFFER OF DEDICATION OF THE LINEAR PARK AND RECREATION PARCEL IN CONNECTION WITH THE FINAL TERRABA Y PHASE III SPECIFIC PLAN FROM TERRABA Y PARTNERS, LLC WHEREAS, the Exhibit F of the Amendment to the Terrabay Developlnent Agreement Regarding the Woods East and West Areas of Phase II of the Terrabay Project dated Decelnber 15, 1999 and Exhibit H of the Restated and Amended Developlnent Agreelnent of Relnaining Parcels of Phase II and Phase III dated January 11, 2001 (collectively, "Developlnent Agreelnents") provide for the requiren1ent of the dedication of a linear park and a recreation parcel to the City of South San Francisco ("City"); and WHEREAS, pursuant to such provision of the applicable Developlnent Agreelnents, Terrabay Partners, LLC ("Developer") is dedicating a certain portion of property to the City for the purposes of a linear park and recreation parcel; and WHEREAS, the City Council has detennined that acceptance of the dedication of linear park and the dedication of the recreation parcel satisfies the requirelnents of the applicable development agreelnents and serves an ilnportant public purpose; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby adopts the following findings: Section 1. The City Council hereby accepts the dedication of linear park and recreation parcel, all as set forth in the staff report and related doculnents attached to this resolution as Attacmnent A and presented to the City Council at this Ineeting, all of which by this reference, are incorporated herein. In so doing, the Council accepts the dedication of the Property. Section 2. The City Manager, the City Attorney and such other City staff as necessary are hereby directed to prepare all documents necessary to effectuate the approved linear park and recreation parcel dedication, and the City Manager is hereby authorized to execute any and all agreements, accept property, and dispose of property, necessary to complete the proposed dedication. * * * * * 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 Ineeting held on the 14th day of February 2007 by the following vote: AYES: Councihnelnbers Mark N. Addiego, Joseph A. Femekes and Karyl Matsulnoto, Vice Mayor Pedro Gonzalez and Mayor Richard A. Garbarino NOES: ABSTAIN: ABSENT: ATTEST: RECORDING REQUESTED BY AND WHEN RECORDED MAlL TO: r- I Name S tree l Address City & State L- .J MAlL TAX STATEMENTS TO r- I Name Street Address City & State L- .J SPACE ABOVE THJS LJNE FOR RECORDER'S USE OFFER OF DEDICATION OF LINEAR PARK TERRABA Y PARTNERS, LLC, a Delaware limited liability company, hereby offers to dedicate to the City of South San Francisco a fee simple interest in the following described parcels of real property situate in the County of San Mateo, State of California: LOTS 390,391 AND 398 AS SHOWN ON THAT CERTAIN MAP ENTITLED "TERRABAY BEING A RESUBDIVISION OF PARCELS 1 & 2 RECORDED IN VOLUME 53 OF PARCEL MAPS AT PAGES 82 THROUGH 85, RECORDS OF SAN MATEO COUNTY, CITY OF SO. SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA," WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA ON JULY 2,1990 IN BOOK 121 OF MAPS AT PAGES 65 THROUGH 79 APN: 007-642-010-8 and 007-642-020-7 and 007-642-030-6 Subject to existing easements and agreements of record Dated: December~, 2006 TERRABA Y PARTNERS, LLC, a Delaware limited liability company By: Myers Terrabay Company, LLC, a Delaware limited liability company, its Managing Member By: ~QQ1o------- Ja E. Myers v Its Manager 1275192.1 STATE OF CALIFORNIA ) ) ss. ) CITY AND COUNTY OF SAN FRANCISCO ~Mb../ On September~, 2006 before me, LEnOA A VA10 Notary Public, personally appeared Jack E. Myers, personally known to me (or pro'/cd to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. , {bLJ Witness my hand and official seal. 1275192.1 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the foregoing Offer of Dedication of Linear Park, dated September _,2006 from Terrabay Partners, LLC to the City of South San Francisco, a municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of South San Francisco pursuant to authority conferred by resolution of the City Council of the City of South San Francisco entitled Resolution No. , and the grantee consents to recordation thereof by its duly authorized officer or repres entati ve. City of South San Francisco Dated: ,2006 By: [275192.1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: r- I Name S tree! Address City & State L- J MAIL TAX STATEMENTS TO r--- I Name Street Address City & State L- J SPACE ABOVE THIS LINE FOR RECORDER'S USE OFFER OF DEDICATION OF RECREATION PARCEL MYERS PRBSERV ATION, LLC, a California limited liability company, hereby offers to dedicate to the City of South San Francisco a fee simple interest in the parcels of real property situate in the County of San Mateo, State of California described in Exhibit A attached hereto: Subject to existing easements and agreements of record Dated: December ~, 2006 MYERS PRBSERV ATION, LLC, a California limited liability company By: Myers Terrabay Company I, LLC, a Delaware limited liability company, its M naging Member ]275744.1