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.
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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:
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Name
S tree l
Address
City &
State L-
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MAlL TAX STATEMENTS TO
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Name
Street
Address
City &
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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
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CITY AND COUNTY OF SAN FRANCISCO
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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.
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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-
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Name
S tree!
Address
City &
State L-
J
MAIL TAX STATEMENTS TO
r---
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Name
Street
Address
City &
State L-
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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