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HomeMy WebLinkAboutReso 6088-1973 RESOLUTION NO. 6088 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXCHANGE OF PARCELS OF LAND WITH BRAEWOOD DEVELOPMENT CORPORATION, AND ACTS RELATED THERETO (BRAEWOOD-WEST- BOROUGH'CONDOMINIUM'UNIT INO.' 2) BE IT RESOLVED by the City Council of the City of South San Francisco that WHEREAS, the City of South San Francisco, a municipal corporation, hereinafter designated "City", and Braewood Development Corporation, hereinafter designated "Developer", desire to exchange parcels of land situate in the City of South San Francisco, San Mateo County, California, and WHEREAS, the Planning Commission of the City of South San Francisco has reviewed the proposed exchange in relation to the final map for Braewood-Westborough Condominium Project No.. 2 and recommended said exchange, and WHEREAS, the public convenience and necessity require said exchange; NOW, THEREFORE, IT IS ORDERED THAT: .1. Parcels To Be Exchanged. A. City shall convey to Developer the parcels described in Exhibit A attached hereto, with the exceptions and reservations therein described, and subject to encumbrances of record and related exceptions set forth in Title Insurance and Trust Company Reports No..416369-A (dated May 3, 1973) and No. 416369-B (dated March 19, 1973) in exchange for Developer's conveyance to City the parcels described in Exhibit B attached hereto, with exceptions and reservations therein set forth and subject to the exceptions set forth in paragraph B hereof. Developer shall bear all costs of clearing objections to Title. The Mayor and City Clerk -1- so serving at the date of execution of the City's deed are author.ized to execute the deed conveying parcels by the City. The conveyance and exchange shall be executed as set forth in paragraphs l, 2, 3 and 4 hereof. B. Developer shall convey to City the parcels described in Exhibit B attached hereto, with the exceptions and reservations therein set forth, and subject to the follow- ing: (1) Easements l0 feet in width as hereinafter described for the purpose of construction, repair and mainten- ance of common areas {block walls}, with Developer covenanting and' agreeing as owner of such easements so excepted and reserved {which covenant and agree- ment shall run with and be for the benefit of said lots and shall run with and be the burden of such easements so excepted and reserved and the subsequent owners thereof} to repair any damage caused by such construction, repair and maintenance of said common areas {block walls). ~i Easement Descriptions. IN BLOCK 4 ON THE PARCEL DESIGNATED COMMON GREEN, LOT 5, A l0 FOOT EASEMENT ADJACENT TO THE FOLLOWING: a) The southwesterly line of lot 1 for its entire 1 ength. .b) The southwesterly line of lot 2 for its entice length and the southwesterly l0 feet of the north- westerly line of lot 2 and southwesterly l0 feet of the southeasterly line of lot 2. c) The southwesterly line of lot 3 for its entire length. d) The southeasterly line of lot 4 for its entire length. IN BLOCK 5 ON THE PARCEL DESIGNATED COMMON GREEN, LOT~ 5, A 10 FOOT EASEMENT ADJACENT TO TNE FOLLOWING: a) The southwesterly line of lot I for its entire length; the southwesterly 10 feet of the south- easterly line of lot 1 and the northeasterly lO feet of the southeasterly line of lot I and the southeasterly 55 feet of the northeasterly line of lot 1. b) The northwesterly 75 feet of the southwesterly line of lot 2 and the southwesterly 25 feet of the northwesterly line of lot 2. c) The southwesterly line of lot 3 for its entire length and the southeasterly 60 feet of the north- easterly line of lot 3. d) The southeasterly line of lot 4 for its entire length 2. Exceptions 3 and'6 as set forth in Title Insurance and Trust Company Report No. 416369-A (dated May 3, 1973) and No. 41636g-B(dated March 19, 1973). 3. Exceptions 4, 5 and~6 as set forth in Title Insurance and Trust Company Report No. 41636g-B (dated March 19, 197.3). 4. Other easements accepted by City. 5. Delivery of Title Insurance and Trust Company CLTA standard policy of title insurance in the amount of $50,000.00 insuring City as Vestee of said parcels, subject to said exceptions. 2. Method of Completing Exchange. The exchange may be completed in the following manner. City shall grant to Title Insurance and Trust Company -3- lot 38, block. 2, lot 27, block 4, and lot 24, block 5 (Westborough-West Park Unit No. 1, San Mateo County Records Book 61, pages 11, 12, 13, 14, 15 and 16 filed November 19, 1964), with the exceptions and reservations and subject to the encumbrances described in paragraph lA above, and quit claim to. Title Insurance and Trust Company's parcel 2.1 in block 2, parcels 4.1, 4.2 in block 4, parcels. 5.2, 5.3 and 5.1 in block 5 (Westborough- West Park Unit No. l, San Mateo County Records, same book and pages, as recited above and more particularly described on Exhibit A-1 hereto attached, with the exceptions and reservations thereon set forth, and subject to the encum- brances of record and related exceptions set forth in Title Insurance and Trust Company reports No. 416369-A {dated May 3, 1973) and No. 416369-B {dated March 19, 1973}. City authorizes said Title Company to convey said parcels to developer with said exceptions and reservations and subject to said encumbrances and exceptions when the Title Company holds for delivery to City a grant of the parcels described in Exhibit B hereto attached, with exceptions and reservations therein set forth and subject to the exceptions set forth in paragraph lB of this Resolution and delivery of title policy to City as set forth in paragraph lB of this Resolution assuring City so vested with said title. .3. Execution of Deed and Certificate of Acceptance. The Mayor and City Clerk are author:ized to execute the deeds necessary to so convey the City's parcels and the City Clerk is authorized to execute certificates of acceptance for parcels conveyed to City. .4. Escrow Insturctions. . The City Attorney is author.ized to issue escrow instructions ¸-4- and do any other acts necessary to carry out the exchange and provisions of this Resolution. 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 meeting held on the ' 21st day of'' May ..... , 1973, by the following vote: AYES, COUNCILMEN PatriCk E. Ahem, Wi I'1 lam A. Borba, ' ' ' F.' Frank 'Mammi'ni' and ~Warren Sfeinkamp ,, . , 1Non.e NOES, ABSENT, ,' None ATTEST' ~' City Clerk EXHIBIT A RESOLUTION NO. 6088 Lot 38, Block 2; Lot 27, Block 4; and Lot 24, Block as said lots and blocks are shown on that certain map entitled, "Westborough-West Park Unit No. 1 (Book 61, Pages 11-16), filed November 19, 1964. EXHIBIT A-1 RESOLUTION N0. 6088 A RESOLUTION AUTHORIZING EXCHANGE OF PARCELS OF LAND WITH BRAEWOOD DEVELOPMENT CORPORATION, AND ACTS RELATED THERETO (BRAEWOOD-WEST- BOROUGH CONDOMINIUM UNIT NO. 2.) BLOCK 2 ... .,.. Parcel 2.1 . ... .. BEGINNING at the most easterly corner of Lot 38 in Block 2, as said Lot and Block are sho~m on that certain map entitled "Westborough West Park, Unit No. 1, South San Francisco, San Mateo County, California", filed in Volume 61 of Maps at pages 11 to 16, San Mateo County Records; running thence from said Point of Beginning, southeasterly, on the arc of a curve to the right, from a tangent bearing South 66° 09' 49" East, with a radius of 500 feet, subtending a central angle of 0° 25' 58", an arc distance of 3.78 feet; southerly, on the arc of a curve to the right, from a tangent bearing South 65° 43' 51" East,with a radius of 15 feet, subtending a central angle of 94° 43' 51", an arc distance of 24.80 feet; South 29° OO' West 40.01 feet; on the arc of a curve to the right, tangent to the last preceding course, with a radius of 125 feet, subtending a central angle of 6° 50' 15", an arc distance of 14.92 feet to the southeast.erly corner of Lot 37 in said Block 2; thence along the easterly line of said Lot 37, North 36° 46' West 20.96 feet to the most southerly corner of the aforesaid Lot 38; thence along the southeasterly line of said Lot 38, North 29o.'00' East 60.91 feet to the Point of Beginning. CONTAINING an area of 0.0283 acres, more or less. Excepting and reserving therefrom a Public Service and a Public Utility Easement in and over the entire parcel herein- above described. " PARCEL 4.1 Street Abandonment, Block 4 BEGINNING at the most westerly corner of Lot 26 in Block 4, as said Lot and Block are shown on that certain map entitled Westborough-West Park Unit No.1, South San Francisco, San Mateo County, California", filed in Volume 61 of Maps at pages 11 to 16, San Mateo County Records; running thence from said Point of Beginning, North 36° 46' West 114.00 feet; on the arc of a curve to the . right, tangent to the 1.ast preceding course, with a radius of 20 feet, sub- tending a central angle of 90° 00', an arc distance of 31.42 feet; North 53° 14' East 229.00 feet; on the arc of a curve to the left, tangent to the last preceding course, with a radius of 70 feet, subtending a central angle of 44° 36' 10", an arc distance of 54.49. feet to a point of reverse curvature; on the arc of a curve, to the right, from ,a tangent bearing North 8° 37' 50" East~ with a radius of 55 feet, subtending a central angle of 44° 36' 10", · an arc distance of 42.82 feet; North 53° 14' East 73.23 feet; on the arc of a curve to the right, tangent to the last preceding course, with a radius of 20 feet, subtending a central angle of 90° 00', an arc distance .of 31.42 feet; and South 36° 46' East 6.00 feet to. the most northerly corner o~ Lot 9 in said Block 4; thence along the northwesterly line of said Block, South 53° ':14' West 100.00 feet ;. South 36° 46' East 12.00 fe~t; South 53° 14' West 302.00 feet''to the most westerly corner of Lot 1 in said Block 4; thence along the southwesterly lin~ of said Block 4, South 36° 46' East 132.00 feet to a point in the northwesterly line of the aforesaid Lot 26; thence along said line, South 53° 14' West 28.00 feet to the Point of Beginning. CONTAINING an area of 0.185 acres, more or less. Excepting and reserving therefrom a Public Service and a Public Utility Easement in and over the following described par.ce 1: Exhibit'A-1, Resolution No. 6088 PARCEL 4.101 BEGINNING at a point which bears North 36° 46' West 8.66 feet from the most westerly corner of Lot 26 in the aforesaid Block 4; thence from said Point of BeginningNorth 36° 46' West 105.34 feet; on_the arc"of a curve to the right, tangent to the last preceding course, with a radius of 20 feet, subtending a central angle of 90~ 00', an arc distance of 31.42 feet; North 53° 14' East 229.00 feet; on the arc of a curve to the left, tangent to the last preceding course, with a radius of 70 feet, subtending a central angle of 44~ 36' 10", an arc distance of 54.49 feet; on the arc of a curve to the right, from a tangent bearing North 8° 37' 50" East, with'a radius of 55 feet, subtending a central angle of 44° 36' 10", an arc distance of 42.82 feet; North 53° 14' East 73.23 'feet; on the arc of a curve to the right, tangent to the last preceing course, with.a radius of 20 feet, subtending a central angle of 90~ 00', an arc ~distance .of 31.42 feet; South 36~ 46' East 6.00 feet; South 53~ 14' West 28 .84 ~ feet ; North 36~ 46' West 3.16 feet; South 53° 14' West 47.00 · feet ;. South 36° 46' East 3.16 feet; South 53~ 14' W~s. t 24.16 feet; South 36~ 46' East 12.00 feet; South 53~ 14' West 305.00 feet; South 36~ 46' East 56.50 feet; N0rth-53~ 14' East 3.00 feet; South 36~ '46' East 66.84 feet; and South 53° 14' West ;'~8.00 feet to the Point of Beginning. PARCEL 4.2 Street Abandonment, Block 4 BEGINNING at the most southerly corner of Lot 22 in Block:4, as said Lot and Block are shown on that certain.map entitled "Westborough West Park Unit No. 1, South San FranciscO, San Mateo County, California", filed in Volume 61 of Maps at pages 11 to 16, San Mateo County Records; runnin~ thence from said Point of Beginning along the generally southeasterly line of said Block 4, North 53° 14' East 105.00 feet; North 36° 46' West 12.00 feet; North 53~ 14' Ea'st 300.00 feet;North 36~ 46' West 132.00 feet; North 53~ 14' East 25.00 feet to the most easterly corner of Lot 13 in said Block 4; thence South 36~ 46' East .114.00 feet; on the arc of a curve to the right, tangent to the last preceding course, with a radius of 20 feet, subtending a central angle of 90° 00' , an arc distance of 31.42 feet; South 53° 14' West 225.00 feet; on the arc of a'curve to the left, tangent to the last preced- ing course, with a radius of 70 feet, subtending a central angle of 44~36' 10" an arc distance of 54.49 feet to a point of reverse curvature; on the arc of a curve to the right, from a tangent bearing South 8° 37' 50" Wes'k, with a radius of 55 feet, subtending a central angle of 44° 36' 10", an arc distance of 42.82 feet; South 53~ 14' West 77.23 feet; on the arc of a curve to the right, tangent to the last preceding course, with a radius of 20 feet, sub- tending a central angle of 90~ 00', an arc distance of 31.42 feet; and North 36~ 46' West 6.00 feet to the Point of Beginning. · · · · CONTAINING. an area of 0.211 acres, more or less. - Excepting and reserving ~herefrom a Public Service and a Public U~ility Easemen~ in and ovem the following described parcel: · Exhibit A-i, Resolution No. 6088 BEGINNING at the most easterly corner of LOt 22 in the aforesaid Block 4; thence from said Point of Beginning along the generally southerly and easterly lines of said Block 4, North 36° 46' West 12.00 feet; Nor%h 53° 14' East 306.16 feet; North 36~ 46' West 58.43 feet; South 53~ 14' West 5.66 feet; North 36~ 46' West 54.00 feet; Sputh 53~ 14' West 0.50 feet; North ~36° 46' West 19.57 feet; ' North 53° 14' East 25.00 feet; South'36~ 46' East 114.00 feet; on the arc of a curve to the right, tangent to the last preceding course, with a radius of 20 feet, subtending a central angle of 90~ 00', an arc distance of 31.42 feet; South 53° 14' West 225.00 feet; on the arc of a curve to the left, tangent to the last precedin~g.course, with a radius of 70 feet, subtending a central. angle of 44~ 36' 10", an arc distance of '54.49 feet; on the arc of a curve to the right, from a tangent bearing South 8° 37' 50" West, with~ a radius of 55 feet, subtending a central angle of 44° 36' 10", an arc distance of 42.82 feet; South $3~ 14' West 77.23 feet; and on the .arc of a curve to the right, tangent to the last preceding course, with a radius of 20 feet, subtending a central angle of 90° 00', an arc distance of 31.42 feet; North 36° 46' West 3.00 feet~ North 53° 14' East 58.50 feet; North 36~ 46' West 3.00 feet;and North 53° 14' East 46.50 feet to the Point of Beginning. ~ BLOCK 5 Portions of Kilconway Lane, Carter Drive, Duhallow Way and Athy Drive, lying adjacent to Block 5, as said Lane, Way, Drives and Block 5 are shown on' that certain map entitled "Westbo. rough West Park Unit No. 1, South San Francisco, San Mateo County, California", filed in Volume 61 of Maps .at pages 11 to 16, San Mateo County Records, more particularly described as fo 1 lows: PARCEL 5.2 ' BEGINNING at the most northerly corner of Lot 24 in the aforesaid Block 5; thence along the westerly line of said Lot 24, South 29~ 00' West 70.00 feet; and South 39e 15' 15" West 54.69 feet ( called South 39° 14' 59" West 54.12 feet on said map) to a point in the northeasterly line of Lot 6 in said Block 5;' thence along said line, North 36° 46' West 22.76 feet to the most ~northerly corner of said Lot; thence South 53© 14' West 15.37 feet; northeasterly, on the arc of a curve to the left, from a tangent bearing North 53° 14' East, with a radius of 175 feet, subtending a central angle of 24~ 14', an arc dis- tance of 74.02 feet; North 29~ 00' East 41.66 feet; on the arc of a curve to the right, tangent to the laSt preceding course, with a radius of 15 feet, sub- tending a central angle of 90° 00', an arc distance of 23.56 feet; South 61°. 00' East 6.38 feet to the Point of Beginning. CONTAINING an area of 0.058 acres, more or less. Excepting and reserving therefrom a Public Service and a Public Utility Easement in and over the following described parce 1: , PARCEL 5.201 BEGINNING at the most northerly corner of the aforesaid Lot 24; thence along the westerly line thereof, South 29© 00' West 70.00 feet; and South 39° 15' 15" West (called on said n~.p South 39~ 14' 59" West) 46.12 feet; thence leaving said line, North 36~ 46' West 22.30 feet; northeasterly, on the arc of a curve to the left, from a tangent bearing North 45° 27' 11" East, with a radius of 175 feet, sub,.~ tending a central angle of 16° 27' 11", an arc distance of 50.25 feet; North 29? 00' East 41.66 feet; on the arc of a curve to the right, tangent to the last .preceding course, with a radius of 15 feet, sub'tending a central angle of 90° 00' an arc distance of 23.56 feet; and South 61© 00' East 6.38 feet to the Point of Beginning. Exhibit A-l, Resolution No-. 6088 PARCEL 5.3 BEGINNING at the most sourtherly corner of Lot 19 in the aforesaid Block 5; thence along the generally southeasterly line of said Block 5, North 53° 14' East 100.00 feet; North 36° 46' West 12.00 feet; North 53° 14' East 300.00 feet; North 36° 46' West 132.24 feet; and North 53° 14' East 21.42 feet to the most easterly corner of Lot 10 in said Block 5; thence southeasterly, on the arc of a curve to the right, from a tangent bearing South 47° 23' 49" East, ~'with a radius of 500 feet, subtending a central angle of 10° 37' 49", an arc distance of 92.77 feet;South 36° 46' East 22.00 feet; on the arc of a curve to the right, tangent to the last preceding course, with a-radius of 20~feet;~.sub- t~nding a central angle of 90° 00', an arc distance of 31.42 feet; South 53° 14' West 225.00 feet; on the arc of a curve to the left, tangent to the laSt pre~ ceding course, with a radius of 70 feet, subtending a central angle of '44° 36' 10", an arc distance of 54.49 feet to a point of reverse curvature; on'the arc of a curve to the right, from a tangent bearing South 8° 37' 50" West, with a radius of 55 feet, subtending a central angle of 44° '36' 10", an arc distance of 42.82 feet; South 53° 14' West'S77.23 feet; on the arc of a curve to the right, tangent to the last preceding course, with a radius of 20 feet, subtending a central angle of 90° 00', an arc distance of 31.42 feet; and North 36" 46' West 6.00 feet to the Point of Beginning. ' CONTAINING an area of 0.222 acres- ExcePting and r'eserving therefr'om a Public Service and a Public Utility Easement in and over the following described par, cel: PARCEL 5.301 BEGINNING at a point which bears South 36" 46' East 4.00 feet from the most southerly corner of Lot 19 in the aforesaid Block 5; thence North 53° 14' East 58.50 feet; and North 36° 46' West 4.00 feet to a point in the southeasterly line of said Lot 19; thence along the generally southeasterly line of said Block 5, North 53° 14' East 41.50 feet; North 36° 46' West 12.00 feet; North 53° 14' East 300.00 feet; North 36° 46' West 132.24 feet; and North 53° 14' East 21.42 feet to the most easterly corner of Lot 10 in said Block 5; thence south- easterly, on the arc of a ~curve to the right, 'from a tangent bearing South 47° 23' 49" East, with a radius of 500 feet, subtending a central angle of 10° 37' 49", an arc distance of 92.77 feet; South 36° 46' East 22.00 feet; On the arc of a curve to the right, tangent to the last preceding course, With a radius of 20. feet,, subtending a central angle of 90© 00', an arc distance of 3~1.'~42 feet;South 53° 14' West 225.00 feet; on the arc of a curve to the left, tangent to the last preceding course~ wit~l a radius of 70 feet, Subtending a central angle of 44© 36' 10", an arc distance of 54.49 feet to a point of 'reverse curve' ~re; on the arc of a curve to the right, from a tangent bearing South'8Y 37' 50" West, with a radius of 55 feet, subtending a central angle of 44 , an arc distance of 42 82 feet; South 53° 14' West 77 23 feet; on the arc of a curve to the right, tangent to the last preceding course, with a radius of 20 feat, subtending a centrml angle of 90° 00', an arc distance of 31.42 feet; and North 36° 46' West 2.00 feet to the Point of Beginning. Exhibit A-l, Resolution No. ~088 PARCEL 5.1 BEGINNING at the most westerly corner'of Lot 23 in the aforesaid Block 5'; thence North 36° 46' West 117.00 feet; on the arc of a curve to the right, tangent to the last preceding course, with a radius of 15 feet, subtending a central angle of 90° 00', an arc distance of 23.56 feet; North 53° 14' East 13.00 feet to the most westerly corner of Lot 1 in said Block 5; thence along the generally southwesterly line of said Block 5, South 36° 46' East 132.00 feet; and South 53° 14' West 28.00 feet to the Point of Beginning. CONTAINING an area of 0.085 acreS, more or less. ~' Excepting and reserving therefrom a Public Service and a Public Utility Easement in and over the following described parce 1: PARCEL 5.101 · BEGINNING Jt a point which bears North 36° 46' West 7.66 feet from the most westerly corner of Lot 23 in the aforesaid Block 5; thence North 36° 46' West 109.34 feet; on the arc of a curve to the right, tangent to the last preceding course, with a radius of 15 feet, subtending a central angle'of 90° 00' · , an arc distance of 23.56 feet; North 53° 14' East 7.00 feet; South 36° 46' East 58.50 feet; North 53° 14' East 5.16 feet; South 36° 46' East 54.00 feet; North 53° 14' East 0.84 feet; South 36° 46' East 11~84 feet; and South 53° 14' West 28.00. feet to the Point of Beginning. DES'CRIPTION FOR GRANT DEED FROM BRAEWOOD TO CITY OF SOUTH SAN FRANCISCO .~ EXHIBIT B TO RESOLUTION N0.6088 Lot 2, Block 2, Lot 5, Block 5, and Lot 5, Block 4, as said lots and blocks are shown on that certain map entitled Braewood-West- borough Condominium Unit No. 2, filed in the office of the Recorder of the County of San Mateo, State of California, on , 1973, in Book of Maps, at pages" ' and EXCEPTING AND RESERVING the following: EASEMENTS FOR COMMON AREA(BLOCK WALLS)' Easements for the purpose of construction, repair and maintenance of common areas (block walls) for the condominium lots and units in block 4 and block 5, with grantor covenanting and agreeing as' owner of such easements so excepted and reserved (which covenant and agree- ment shall run with and be for the benefit of said condominium lots and units in block 4 and block 5, and shall run with and be the burden of such easements so excepted and reserved and the subsequent owners thereof) to repair any damage caused by such construction, repair and maintenance of said common areas (block walls), said ease- ments being 10 feet in width and adjacent to the following described lot lines. IN BLOCK 4 ON THE PARCEL DESIGNATED COMMON GREEN, LOT 5, A l0 FOOT EASEMENT ADJACENT TO THE FOLLOWING' (a) The southwesterly line of lot 1 for its entire length. (b) The southwesterly line of lot 2 for its entire length and the southwesterly 10 feet of the northwesterly line of lot 2 and southwesterly lO feet of the southeasterly line of lot 2. (c) The southwesterly line of lot 3 for its entire length. (d) The southeasterly line of lot 4 for its entire length. IN BLOCK 5 ON THE PARCEL DESIGNATED' COMMON GREEN, LOT 5, A 10 FOOT EASEMENT ADJACE~,~'- TO THE FOLLOWING' The southwesterly line of lot 1 for its en. tire length; the southwesterly l0 feet of the southeasterly line of lot 1 and the northeasterly l0 feet of the" southeasterly line of lot 1 and the southeasterly 55 feet of the northeasterly line of lot 1. {b) The northwesterly 75 feet of the southwesterly line of lot 2 and the southwesterly 35 feet of the northwesterly line of lot 2. {c) 'The southwesterly line of lot 3 for its entire length and the southeasterly 60 feet of the northeasterly line of lot 3. (d) The southeasterly line of lot 4 for its entire length.