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HomeMy WebLinkAboutReso 213-1974 RESOLUTION NO. 213-74 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION RATIFYING EXECUTION OF COMPROMISE AND SETTLEMENT AGREEMENT, AUTHORIZING RECORDATION THEREOF AND RELATED ACTS. BE IT RESOLVED by the CitY' C'ounci1 of the City of South San Francisco that the Council, having heretofore authorized the City Attorney to enter into a Compromise and Settlement Agreement between the City, David Arata and others, in form and content attached, hereto as Exhibit "A," does hereby 1.~ Ratify the execution of the agreement by the City Attorney. 2. Authorizes the City Attorney to execute and file escrow instructions necessary to carry out the terms of the agreement. Authorizes the issuance of a check or warrant in the sum of Fifty-five Thousand Six Hundred Seventy-six $55,676, (Forty-five Thousand Seven Hundred Seventy-six Dollars $45,776 for Parcel A as therein described, and Nine Thousand Nine Hundred Dollars $9,900 for Parcel B as therein described) and the transfer of said sum from the 2~-4495-58~-82 account to the account for said Purpose. · Authorizes the City Clerk to accept deeds to Parcel A and Parcel B as therein described on behalf of the City and to record or cause recordation thereof in the official records of the County of San Mateo together with said agreement when the escrows regard- ing said parcels are closed by the title company. 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 6th day of November 19 74 , by the following vote: AYES, COUNCILMEN Richard A. Ba~taglia, F. Frank Mammini, NOES, " ABSENT, " Leo Padreddii and Warren Steinkamp None Terry J. Mirri ATTEST: EXHIBIT A TO RESOLUTION 213-74 this COMPROM.[SE AND SETlL[CMENT ;~GREEMENI BEI'WEEN I'HE CI'I'Y OF SOUTtl SAN FRANCISCO,A MU.NICIPAL CURP'ORATION, DAVID ARATA AND OTHERS (COLMA CREEK RIGHT-OF-WAY AND RELATED MATTERS) lti[S AGI~EEMENT is made and entered 'into as "of 11th day of October , 1974, by and bet'wee.n the City of South San Francisco, a'municipa] corporation, hereinafter referred to as "City", and David Arata and Alvi. n J. Arata of the County of San Mateo, State ifornia, hereinafter referred to as "Owners". ot' Cal- · W I T N E S S E T it' 1. PURPOSE' lhis agreement is made a.s a com- promise between tile. parties for the complete and final settlement of their claims, differences, and causes .of action with respect to the dispute described as follows. 2. STATEiqENT OF DISPUTE' Owners assert a claim against C'i.ty based on the allegation that-city has t. aken and deprived Owners of use, possession and enjoy-. ment of the parce'ls o'F property without just compensation for public use and purpose, to 'wit' annual and repeated dredging of Comma Creek extending across said parcels and duml)ing, o~' mud and debris so dredged upon said prop- erty in such a manner as Co render l,t]e l~roperl:y of owners useless. An a.ction based on the above--st.ated claim has been t:il(:d and is now pending in the .Sul)erior Court of the State of CaliFornia in arid for the County of San Plain Mateo entitled, David Arata and. Alvin J. A~:ata, - · · tiffs, vs. City of South San Francisco, a municipal cor.- .poration, et al, DeFendants, identified as Civi'l Action . I'lo. 160231. City denies any liability to Owners. arid asserts easement interest in the parcels for maintenance. and service ot~ a floodway known as Colma Creek which- extends through Owners' parcels 'to San Francisco Bay. City obl i gated of Owners City ha s further asserts a counterclai.m that Owners were to keep the floodway clear, to p'revent flooding parcel.s, adjacent parcels 'and parcels up-stream.. further asserted' defenses to Owners' claim in the., above-entit'led action, lhe parties desire to reach a full and final colllpromise and setLlement of all matters all causes o'F action arising out of the facts and claims set forth above. The parties in executing this agreement do so for the sole'purpose of conipromise and settling the matters involved in this dispute and it is expressly stood and agreed, as a condition hereof, that this ment sha'il not: constitute or b'e construed 'to be an City or Owners or as evidencing or an admission o'f the truth or correctness coun~er¢:liams asserted and on any part of in any degree any claims or 3. the mutua 1 premi'ses, as under- agree- admission indicating of 'I't]RIqS DF SE'I'II. EMEN'F' In consideration of the aforegoing covenants set forth herein and the parties agree as follows' · a , Owners' conveyanc'e of parce! A (55' MOL of Lot 28, Block 2, Person & Swanson Industria'l Tract adjacent to · C(.)lma Creek.) Owners shall, on or before December 11,1974 grant or cause to bt? granted to CiL.y, free and clear' of ali liens, taxes and .encum- brances, the parcel more i}articula.rly described in Exhi'bit A atta'ched here- to and by this herein as if set said markeLable title reference incorporated forth verbatim, wi th being evidenced by a C'LTA policy in th(: sl~m of Forty- F-ive lhousand and 00/100 I)ollars. ($45,D00.0[)), and Cit.y shall pay owners ~!l~:, sum of Forty-Five l'housand Seven ttundred Seven~.y-Six and (}0/100 Dollars (.$li5,776.00) .therefor, said conveyance · and payment being made to satisfy the inverse condemnation of said parcel claimed in the action hereinbeFor~ referred t(~, and i~ lieu of an. act'io.n eminent dolnain therefor. Owners' conveyance ~f parcel B r(Site i n of Colma Creek and top of bank.) Owners shall on ~r before the 11th day of · ~ December 1974 grant or cause to ..................... · ~I · be ~jranted to City, free and clear of all liens, taxes and encumbrances, the · .. par.cel more particularly described in Exhibit B attached hereto arid ·bY this reference incorpo.rated herein as if set · · [orth verbatim, with said m.arketable title being e'videnced by a CLTA policy 'in the s'um of Nine' Thousand Nine Itundred-- Ninety and O0/lO0. Dollars (!i~9,990..00), and .City shall Thousand Dollars alice and pay owners the suni of Nine Nine tlundred Ninety and 00/100 ($9,990.00) tllere.for, said convey- t he payment being made to satisfy inverse condemnation of said .parcel claimed in the action to arid in lieu of.an dolrlain therefor. hereinbefore referred action in eminent · C. Forty Foot Roadway. The respective interests of the parties .in the forty foot (40') ro~tdway adjacent to I~arcel I~ are not a I~art oF ti~is aurecl~lent I]. Rel,:ase,satisfaction and disc~large. Owners agree that al'l claims, demands, rights and have or may respect to the are' satisfied, cau.~es · ha ve of action t.hat they against City with dispute described herein discharged and set'~led. Owners also agree to seek, ob'l~ain and be bound by.a dismissal with prejudice in the above-described action against City. City agrees that all claims, demands, r. ights ,and causes of act.ion that City may have against Owners with respect to 'the above-described dispute are satisfied, discharged and settled. 4. -EFFECT OF AGREEMENT. This agreement shall bi nd the part'ies hereto and their respective lega.i represen- tatives., succ.essors and assigns. 5. RESCISSION OF PRIOR AGREEME~'IT. The agreement entered into as of tile 16th-day of July, 1973, recorded in Volume 655.8, pages 689-710, Sail Mateo County records, entitled "Compromise and City of South San Francisco, a Arata and others (Colma Creek .Matters.)" is i~ereby resc~inded~ Settlement Agreement Between Municipal Corporation, Right-of-way and Related the Davi'd · the does not a(:~lU i re (2) ye.ars afl:er a 1 I or any execution of this Aureement, Cil~y ninety (90) (lays thereafter may elect to declare all or any pori:ion of parcel A not acquired by the and owner shall thereupon reacquire same for , ($.3..50) Dollars per s:quare foot. San Ma l:eo C()unty Flood Control-Ui.strlict- · · i)or'L, ion of i)arcel A wi Lhin two Three , wi' thi.n , surplus District, and 5'0/100 I.N WI1NESS WIIEREOF, the agreement at the City of 'South year first above written. parties have execut'ed this San Francisco as of the day and CII'Y OF SOUI'It'SAN FRANCISCO, A 'municipal cori)oration By ................ ~'i 't y'" Ai~ t ° r n 6'y' ......... OWN ERS · David Ara I:a Alvi~ J. Ara~a . COtlPROMISE AND SETTLEMENT AGREEMENT · ._c.'_!.'~..X .... !\..i!.D._2~_R~LT_.A_.,. DATED OCTOB..E.R..__!!..__, .... 1974 PARCEL A A strip of Lot 28, Block 2, Person Francisco, as recorded County Recorder, County 12 and 13. Said parcel BEG 1NN 1NG a.forenlen ti.oned Lot westerly direction 28, north 54o31' 15" 60.t3 feet, thence north 11o 39' east land 55 feet wide on the northerly and. Swanson Industrial Tract, Soutll on September 5, 1961, in the Office of San ~lateo~, in .Book 55 of Maps, pa§es more particularly described as follows: side of San of the at 'the most northeasterly corner of the 28, Block 2; thence proceeding in a north'- along th.e northerly boundary of said Lot west 237.72 feet; thence south 11o39' west- south 54° 31'1'5" east 237.72 feet; thence 60.13 feet-to the point .of beginning. Described parcel containing an square fe.et, more or less. · area of 13,075.'59 Exhibit A 1. - 1 F-Xtll B IT B COMPRDMISL AND SETTLEMENI' AGREEMENT CITY AND AI~,AI'A, DA'[E'D OCTOBER 11, 1974 All tilat certain Francisco, fol l'ows · Cou n'ty PARCEL B real property si tiaa ted in the City of South San ' of Sari Marco, State of California, desc'ribed as BEGINNING at a point on the Southwester'ly boun'dary Bayshore Highway, which, point bears South 3.70 ~3' feet from the' corner common to Section' 21, 22, 2'7 3 South, Range 5 West, Mount also being the most Deed from South San corporation,. 'Lo Y: recorded September San 'l,laLeo County at beginning Westerly tangent which bears radi us of of 2'13.70 West 45.9} feel Parcel. 26 - Valley ~a ter March 3,. 1930, Records of San said Easterly line of 'the 59" ¥~est, 644.64 a.nd .28 in Township ploi nt in the- and of of a a di sta.nce 31' 1.5" \, described in Diablo Base arid Meridi'an, said South.erly corner of 'the lands described Francisco l_and and Improvement Company, a C. Soda and wife, dated August 29, '1945, 14, 1945, in Book 1208 of Of F'icial Re. cords page 23 (64242-F); thence from 'said point a'long the .arc of. a curve to the right from South 6.1° 02' 12" West, said curve 'having 19'0 feet and a central angle o'f 64° 26' 33", a · feet; thence tangent to said line, North 540 to the Easterly line of the lands San Ma Leo County land. s - of Co~t~pany t,o City and County of and recorded March · the Deed from Spring San Francisco, dated 3,1930 in Book. 491 of. Official page i (55195-B); thence along 39' West' a distance of 173.98 feet Mateo County a't line, South 11° Page l of Exhibi t B more or l es's to Deed from South Enterprise Oil 'November 3,1934, at page 317 (:50151-C); Llle Norther'ly 1 ine of the lands described in th'e S.an Francisco Lnnd arid Improvement Company to Burner C-o., dated December 15, '1032, and recorded in Book 636 of Official Records of San Mat'eo..C. oun.ty thence alon'g said North. erly 1.i ne, -Easterly along the arc o-f a curve South 580 31' OG". East,- -and a central an!-I'le o'l' tile said S'outhwesterly the last mentiol~ed '! ine, 160..10 'feet more or less to tile left from a tangent, which bears said curve having ~ radius of 350 feet 61o. 43' ]6", a distance of 377.03 feet to l i.ne et' the Bayshore Highway.; thence a]'ong North 31° 45" ]4"' 'West 'a distance of 'to the point of beg inning. EXCEP.TING TltEREI--ROM' a 40 foot width roadway easement as conveyed by South San Francisco Land and Improvement Coml~any to the Spring Valley Water Company by deed dated February 14,1927, and recorded April 8, 1927, 'in Boo'k 309 at page 1, Official Records, San Hateo County and subsequently con.veyed to the City '.and County of San Francisco .by deed dated alld recorded March 3,.1930, in Volume 491' at .page 1, Official Records San Mateo County, said right of way described in said deed February 1~1927, as follows' A strip-of land 40 feet in width lying 20 'feet on each sid.e of the fol'lowi'ng de-scrib~:d center line' Beginning at a point in the easterly boundary of tile Spring Va'lley Water Company prol>erty t in the City of South S~in .Francis.co said point being distant ilo.rth 81° 05' 09" 'West 526.6-0 feet and south 11° 39" West 710.60 feet from a gran.ite mo,ument set to mark the corner common to Sections 21, 22, 21 a,d 28, Town.ship 3 South, Range 5 West, ['age 2 of Exhibit B ill,Ii', II I IIlIII ~iI Iii'~II M.D.B. & M., runny'rig tt, ence from said point be~jinn'in9 on a curve to the left having a radius of 330 re'et, a distance of 361.55 feet,the chord of said curve bearing South 87© 42'12," Eas.t 343..73 feet' to tile westerly ]in(:, of .the Bayshore Iti.ghway. EXCEPTING THEREFROM' l'he Southern Pacific Railroad parcel described in parcel 2 of the deed f'rom So,lLh San Francisco Land and Improvement , Company to South San Francisco Bel.t Railway, dated December 24, 1929, arid recorded January 8,]930, in BOo.k 454 of Official Records of San Mateo County at page 206 (51650,-B'). · I) a !j (? 3 o f: I-: x ti i b i t I~