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Home My WebLink AboutReso 101-1996 RESOLUTION NQ. 101-96 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING A MODIFICATION TO THE GRANT OF EASEMENT AND AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE TRUSTEES IN OWNERSHIP OF THE McLELLAN NURSERY PROPERTY DATED DECEMBER 29. 1989 WHEREAS, the City and the. Trustees for the McLellan Nursery_ entered into a Grant of Easement and Agreement on December 29, 1989; and WHEREAS, said Grant of Easement- and agreement provided indemnification in favor of the property owners of the McLellan Nursery property owners; -and WHEREAS, the current owners of the McLellan Nursery are in escrow and anticipate selling the property to Greystone Properties; and WHEREAS, Greystone Properties, Inc., as the prospective owners of the McLellan Nursery property desire to continue to provide the easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco as follows: 1. The City Council hereby approves the amendment to the "Grant of Easement and Agreement" between the City of South San Francisco and the Trustees of the McLellan Nursery property dated December 29, 1989 as reflected in Attachment A hereto. 2. The City Manager is hereby authorized to sign the Grant of Easement and Agreement. 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 requ]ar meeting held on the 26th day of June , 1996 by the following vote. AYES: C0unci]member$ 5u§ene R. Mu]lin, John R. Penna, Robert Yee and Mayor Pro Tem Joseph A. Fernekes NOES: None ABSTAIN: None ABSENT: McL~llan,Ort Mayor Jack Drago ATTEST: City Clerk EXHIBIT A TO RESOLUTION NO. 101-96 When Recorded, Please Mail This Document To: REAL ESTATE GROUP CARR McCLELLAN INGERSOLL THOMPSON & HORN Professional Corporation 216 Park Road P. O. Box 513 Burlingame, CA 94011-0513 AMENDMENT TO GRANT OF EASEMENT AND AGREEMENT This Amendment to Grant of Easement and Agreement (this "Amendment") is made as of the day of , 1996 by and among LORRAINE R. MCLELLAN, Trustee under the Declaration of Trust dated September 13, 1988, as amended creating che LORRAINE. R. MCLELLAN REVOCABLE TRUST, as to a 45.406 percent interest ("Trust I"), LORRAINE R. McLELLAN as trustee of the LORRAINE R. McLELLAN CHARITABLE REMAINDER UNITRUST I under agreement dated July 25, 1994, as to a 6.667% interest ("Trust II"), LORRAINE R. McLELLAN as trustee of the LORRAINE R. McLELLAN CHARITABLE REMAINDER UNITRUST II under agreemen~ dated July 25, 1994, as to a 6.667~ interest ("Trust III',), LORRAINE R. MCLELLAN, Trustee under the terms of the Will of Roderick I. McLellan, Deceased, as established by Decree of Distribution recorded July 6, 1979, Reel 7864, Image 1099 in Case No. 58733 Probate, San Mateo Superior Court, as to an undivided ~1.26% interest ("Trust IV") (the "Grantor") and ~he CITY OF SOUTH SAN FRANCISCO, a municipal corporation of the State of California (the ,City" or "Grantee"), and is entered into upon the following terms and conditions: 1. Grantor is ~he owner in fee of that certain real property commonly known as 1450 E1 Camino Real, South San Francisco, California (the "Property") and more particularly described in Exhibit "A" at:ached hereto and made a part hereof by this reference. 2. Trust I and Trust IV and Grantee entered into that certain Grant of Easement and Agreement (the "Easement Agreement") dated December 29, 1989 and recorded May 7, 1990 (the "Original Effective Date") in the Official Records of San Mateo County. California under Instrument Number 90061~30 wi~h respect to a 15' wide non- exclusive pedestrian easement described in Exhibit "B" attached hereto and made a part hereof by this reference. ATTACHMENT "A" 3. Grantor is contempla~in9 the sale of the Property to a third person or entity (the "Purchaser"). The existing indemnification provisions contained in the Easement Agreement presenrly apply only To the original Grantor and not ~h~ current owners. As the ownership of the Property has changed from the original and as further changes in ownership of the Property are contemplated, Grantor and Grantee desire to modify the Easement. Grantee agrees that the original intent of the Easement Agreement, and chat it was intended that the indemnification provided in paragraph 5 thereof, was to extend to the then existing owner or owners of the Property 4. The following is hereby added to Paragraph 5: "As used herein, Grantor shall include all of its successors, assigns, transferees of the real property upon which the subject easement area is located, including, but not limited To, new owners of the property, and the respective shareholders of Grantor, its successors and assigns, and Rod McLellan Co. 5. The following is hereby added as Paragraph 10 to the Easement Agreement: "This Grant of Easement and Agreement shall be binding upon and inure co the benefit of the parties hereto and their respective successors, assigns and transferees of the real property upon which the subject easement area is located." 6. This Amendment shall become effective as of the time and dace of its recordation in the Official Records of San Mateo County, California. 7. Except as modified by this Amendment, the Easement Agreement shall be in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment the day and year firs[ above written. LORRAINE R. MCLELLAN, Trustee under the Declaration of Trust dated September 13, 1988, as amended creating the LORRAINE R. MCLELLAN REVOCABLE TRUST, as to a 45.406 percent interest LORRAINE R. MCLELLAN, trustee LORRAINE R. McLELLAN as trustee of the LORRAINE R. McLELLAN CHARITABLE REMAINDER UNITRUST I under agreement dated July 25, 1994, as to a 6.667% interest LORRAINE R. MCLELLAN, trustee 2 06/20/96 LORRAINE R. McLELLAN as trustee of the LORRAINE R. McLELLAN CI4ARITABLE REMAINDER UNITRUST ~I under ~greement dated July 25, 1994, as to a 6.667~ interest LORRAINE R. MCLELLAN, trustee LORRAINE R. MCLELLAN, Trustee under the terms of the Will of Roderick I. McLellan, Deceased, as established by Decree of Distribution recorded July 6, 1979, Reel 7864, Image 1099 in Case No. 58733 Probate, San Mateo Superior Court, as to an undivided 4!.26% interest LORRAINE R. MCLELLAN, trustee [SIGNATURES CONTINUED lqEX~ PAGE] ~?1.2/2~20~9.1 06/'20196 11:15 IH I CITY OF SOUTH SAN FRANCISCO, a municipal corporation Purchaser: 2/232039. 4 06/~0/~ 11:15 The property is situated in the Sta~e of California, Mateo, and is described as follows: County of San ~ ~k 81 offs ~20, ~ ~S~ ~ C~, ~~ ~ ~e of ~e ~ F~ ~y Ci~ by ~ ~ ~ 18, 1~2 ~ ~ ~y 1, 1~ ~ ~k 4197 of ~ ~ ~ ~ 152 ~ No. ~181-~, ~ ~ ~ C~, C~o~; ~ ~ ~ ~ of ~n~i~ ~ ~ ~~y ~~ ~, N~ 41' 2O' 20' N~ 1~.~ ~ m ~ ~~ ~ ~ ~ ~ of ~ay ~5 ~ ~ w~h); ~ ~we~ly ~ ~d ~ ~ ~ $~ ~h~y ~ fo~ow~g ~u~ ~ · ~: No~ 47' 14' ~' W~ ~.~ f~; ~ a ~ to ~ ~, w~ a ~us ~3 ~, a ~ of 563.~ f~; No~ ~' ~' ~' W~ 552.57 f~ a ~ m ~ ~ w~ a ~ius of 537 f~, a ~ of 337.86 f~ ~ No~ ~" 25' ~" W~ 201.~ f~ to ~e N~w~ly ~c of ~d ~ ~ ~~ m ~; ~ ~ ~ 41' ~' 20' W~ g~g ~e h~ m~fion~ ~ 268.329 ~ m ~ ~~~ ~ ~ ~ N~y ~un~ ~ of ~ ~vc~ ~m ~ ~ I. Mc~ ~,-~ m ~ ~ F~ U~ Sch~l ~, by ~ ~ Au~ 26, 1957 ~ ~ ~ 21, 1957 ~ ~ ~2~ of ~fi~ ~ at ~ 431 ~ N~. 91478-~, ~ of~ ~ C~, ~~; ~~g ~d~ ~~~, ~' 5~' ~ 767.5~ f~, ~ II' 16' ~' ~ ~8.432 f~ ~ Sou~ 41 ' 21' 20' W~ I~ f~ m ~ a~e m~ No~~y ~ of ~s ~o ~e ~e~ ~ U~n; ~ ~ong ~d ~ ~~ ~e, ~ ~' 58' ~ (~M South 48~ 57' ~' ~a ~ ~d ~ ~.52 f~ to ~ ~t ~ ~g. EXCEFI1~G THEREFROM the Zancls set forth as Parcel 4104%1 in tim certah final Order of Condemnation issued out of the Supezior Corot of the State of California, Ca~ No. 226001, a cct6ficd copy of whic/t w-az recorded on September 25, 1979 in'Volume 7897 of Official Records at image 2341, (Nde No. 6499l-AD) Records of San Marco County, Ctlifomh. A.P. No.: 010-211-050 JPN 010 021 212 04 A 5 [Legal Description of the t5' Wide Pedestrian Easement] All that real property located in the County of San Mateo, State of California described as follows: BEGINNING at a poinC at the most northerly corner of Lot 18 in Block 8, as said lot and block are shown on the map entitled "STERLING MANOR MAP NO. 2, SOUTH SAN FRANCISCO, SAN MATEO COUNTY, CALIFORNIA", which map was filed in the Office of the Recorder of the County of San Marco, State of California, on March 5, 1951 in Volume 33 of Maps at Pages 8 and 9; thence from said point of beginning South 41° 20' 30" West 145.28 feet alon9 the corporate limits of the City of South San Francisco to the centerline of Alta Loma Drive as shown on the aforementioned map; thence leaving said City limits and centerline, North 35° 56' 30" West 15.38 feet; thence North 41° 20' 30" East 226.86 feet, to the southwesterly line of E1 Camino Real; thence along said line, South 35° 56' 30" East 15_38 feet; thence along the E1 Camino Real right-of-way, South 41° 20' 30" West 81.58 feet to the point of beginning. Containing 3437.5 square feet, more or less. 9971.2/232039. 06/~0/96 11:15 III l! 'i STATE OF CALIFORNIA COUNTY OF SAN MATEO On , before me, the undersigned, a Notary Public, personally appeared ~OllRAINER. MCLELLAN, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to ~he within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on ~he instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN MATEO ) On , before me, the undersigned, a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satis- factory evidence) to be the person whose name is subscribed to [he within instrumen~ 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 encity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature 9971.2/~J20}9.1 7 06/20/96 STATE OF CALIFORNIA COUNTY OF SAN MATEO On , before me, the undersigned, a Notary Public, personally appeared personally known to me (or proved to me on the basis of saris~ factory 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 insErumen5 the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature 99rl . 2/2~039.1 061~0/96 11:'~S TOTAL P. 09 EXHIBIT ~E~~