HomeMy WebLinkAboutReso RDA 23-1981 RESOLUTION NO. 23
RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF SOUTH SAN FRANCISCO AUTHORIZING
EXECUTION AND RECORDATION OF DECLARATION OF
RESTRICTIVE COVENANTS TO RUN WITH CERTAIN
LAND BY AND BETWEEN THE REDEVELOPMENT AGENCY
OF THE CITY OF SOUTH SAN FRANCISCO AND
HOMART DEVELOPMENT COMPANY
RESOLVED, by the Members of the Redevelopment
Agency of the City of South San Francisco, that
WHEREAS, in furtherance of the objectives
of the Community Redevelopment Law, the Agency has
undertaken a program for the clearance and reconstruction
or rehabilitation of slum and blighted areas in the City,
and in this connection is engaged in carrying out a
redevelopment project known as The Gateway Redevelopment
Project (hereafter referred to as "Project"), in an area
(hereinafter referred to as "Project Area"), located in
the City; and ~
WHEREAS, the Council of the City of South San
Francisco did on June 10, 1981 by Ordinance No. 867-81
approve the Gateway Redevelopment Plan for the Project Area
(hereinafter referred to as "The Plan"); and
WHEREAS, Homart Development Company is the owner
of certain properties situated within the Project Area;
and
WHEREAS, the Agency and Homart Development Company
have entered into an Owner Participation and Development
Agreement (ihereinafter referred to as the "Agreement") on
March 19, 1981 wherein the parties agreed to certain con-
ditions upon which Homart's lands will be developed all in
accordance with the Plan and the Owner Participation and
Development Agreement; and
WHE.REAS, the Agency and Homart Development Company
desire to impose Certain restrictive covenants upon the
lands within the Project Area hereinabove described which
now are or hereinafter may be owned by Homart and to provide
such covenants shall run with such lands in order to provide
for the adequate safeguards so that the work of redevelopment
will be carried out pursuant to the Community Redevelopment
Law of the State of California; and
WHEREAS, the Agency and Homart Development Company
have determined that the adequate safeguards can be best
insured through the execution and recordation of that certain
document entitled Declaration of Restrictive Covenants to
Run with Certain Lands, a copy of which is attached hereto
as Exhibit "A".
NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED
as follows:
1. That the Executive Director/Secretary is
authorized to enter into that certain document entitled
"Declaration of Restrictive Covenants to Run with Certain
Lands" attached hereto as Exhibit "A" and incorporated by
reference and attachment as though set forth at length herein
with Homart Development Company and to record the aforesaid
document in the office of the County Recorder in the County
of San Mateo.
ADOPTED, SIGNED AND APPROVED this ]8t~aY of November ,
__ 1981.
'~[~man,Redevelo~ - - ' ~nt Agency
City of South San Francisco
ATTEST:
Executive Director
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DECLARATION OF RESTRICTIVE COVENANTS
TO RUN WITH CERTAIN LAND
This declaration made by The Redevelopment
Agency of the City of South San Francisco, a public body,
corporate 'and politic, hereinafter called "the Agency"
and by Homart Development Company hereinafter called
"the Covenantor."
WITNESSETH:
WHEREAS, the Covenantor is the owner of certain
lands within the Gateway Redevelopment Project Area herein-
after referred to as the "Project Area," which is situated
within the City of South San Francisco, County of San Mateo,
State of California, and is more particularly described
on Exhibit "A" attached hereto and incorporated herein by
reference as though set forth herein;
WHEREAS, the Council of the City of South San
Francisco did on June 10, 1981, by Ordinance No. 867-81
approve, the Gateway Redevelopment Plan for the Project
Area (hereinafter referred to ,as the_Plan);
WHEREAS, a copy of the Plan was recorded on
July 10, 1981, in the Office of the County Recorder of the
County of San Mateo as Instrument No. 65677-AS of the
Official Records of.said County;
WHEREAS, the Agency and Homart Development Company
(Covenantor) entered into an Owner Participation and Develop-
ment Agreement (hereinafter referred to as the Agreement)
on March 19, 1981, whereby the parties agreed to certain
conditions under which Covenantor's lands will be developed
all in accordance with the Plan and the Owner Participation
and Development Agreement; and
WHEREAS, Covenantor desires ~o impose the
covenants hereinafter set forth upon the lands within the
Project Area hereinabove described which now are or
hereafter may be owned.by Covenantor (hereinafter referred
to as "Covenantor's Land") and to provide that such covenants
shall run with such lands.
NOW, 'THEREFORE, the Covenantor does hereby make
the following declarations of the limitations, restrictions
and uses to which the Covenantor's Land may be put, hereby
specifying that such declarations shall constitute covenant's
to run with all of said lands as provided'by law, and shall
be binding on all parties or persons claiming under them and
for the benefit of and as limitatio.ns upon, all future owners
of said lands. This declaration of restrictions is designed
for the purpose of effectuating the Gateway Redevelopment
Plan for the Project Area and the Owner Participation and
Development Agreement and to keep said lands desirable,
uniform and suitable to design and for use as specified
in the Plan and Agreement~ The Plan and the Agreement and
as the same may be amended from time to time are hereby
by this reference incorporated herein as though the same
were set forth in full at this point and nothing stated
in this Declaration shall be deemed-to limit the generality
of the foregoing.
Section 1. Use. No part of the Covenantor's
Land and no building, -structure thereon shall be used in
any manner or for any purpose except in accordance with the
Plan and the Agreement and as the same may hereafter be
amended.
Section 2. Variations. Minor variations from th~
restrictions and covenants herein declared may be permitted
in the development of any part of Covenantor?s Land provided
the variations are in accordance with the spirit and intent
of the said restrictions and covenants and said variations
are approved in writing by the Agency.
Section 3. Restrictions Against Discrimination.
There shall be no discrimination against, or segregation of,
any person or group of persons on account of race, color,
creed, national origin, or ancestry in the sale, lease, sub-
lease, transfer, use, occupancy, tenure or enjoyment of the
Covenantor's Land, nor shall the Covenantor himself or any
person claiming under or through him, establish or permit any
such practice or practices of discrimination or segregation
with referenCe to the selection, location, number, use or
occupancy of tenants, lessees, subtenants, sublessees, or
vendees in the Covenantor' s Land.
section 4. Incorporation in Deeds. All of the
covenants and other restrictions in this Declaration shall
be contained or expressly incorporated by reference in every
title document affecting any part of Covenantor's Land
whether such title document shall be executed by the
Covenantor or any subsequent.owner of any interest in said
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land. However, the failure to include or incorporate by
reference said covenants and restrictions in any title
document shall not prevent the same from running with the
land.
Section 5. Enforcement and Effect.
(a) The Agency or the Covenantor, or any one or
more of the owners of any interest in any
land within the Project Area shall have the
right to bring action in any court of
competent jurisdiction to prevent, or
abate, any'breach of, or require adherence
to, any of the covenants or ot~er restrictions
in this Declaration.
(b) Inasmuch as the enforcement of-the restrictions
provided for'in this Declaration is deemed
essential for the effectuation of the Plan
and the Agreement and for the protection of
the parties hereto and of all present and
future owners of land within the Project
Area, it is hereby declared that any breach
of'the provisions of this Declaration cannot
be adequately compensated for by recovery of.
damages, but that the Agency or any owner of
an interest in any land within the Project
Area may require, and shall be entitled to,
in addition to all other remedies, the remedy
of prohibitive or mandatory injunction to
restrain any such breach.
(c) The provisions of this Declaration shall run
with and bind the Covenantor's Land and each
part thereof, and shall inure to the benefit
of, and be enforceable by the Agency or the
owner of any land or interest therein included
in the Project Area, their respective heirs,
legal representatives, successors and assigns,
and failure by the Agency or any such land
owner, to enforce any covenant or other
restriction in this Declaration shall in no
event be deemed a waiver of the right to do
so thereafter as to the same breach or as to
one accruing prior or subsequent thereto.
(d) Every violation or breach of the covenants
and restrictions herein contained is hereby
declared to be and to constitute a nuisance,
and every re~dy allowed by law or equity
against a nuisance, either public or private,
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shall be applicable thereto, and such remedies
shall be deemed cumulative and not exclusive.
(e) In the event that the Agency shall be
abolished or its designation changed by, or
pursuant to law, its powers, rights and
functions under this Declaration may be
transferred by, or pursuant to, law to any
other governmental officer or Agency, provided,
that in the event of such abolition of the
Agency without specific provision of law for
such transfer of powers, duties, rights and
functions, then the City of South San Francisco
shall succeed to the same.
(f) The covenants and restrictions herein contained
shall continue with full force and effect
against each part of the Covenantor's Land and
owners thereof until July 1, 2031, and they
shall continue in full force and effect there-
after unless and until changed or released by
owners of not less than fifty-one percent (51%)
of the ground area lands within the Project
Area.
(g) The invalidation of any one of the covenants
or restrictions herein contained by judgment
or order of court shall not in any manner
~ affect any of the other covenants, restrictions
or provisions hereof which other covenants,~
restrictions or provisions shall remain in
full force and effect.
Section 6. Amendment. This Declaration of
Restrictive Covenants'shall be deemed to be amended upon the
effective date of, and in accordance with any amendment or
modification of the Plan or Agreement.
Dated at South San Francisco, California, this
11 day of November , 1981.
(SEAL) THE REDEVELOPMENT AGENCY OF THE ~
CITY OF SOUTH'SAN FRANCISCO
ATTEST:
Secretary Executive Director ,
HOMART DEVELOPMENT CO.
Cbvenantor Robert~A~ Snow, Jr.
Senior Vice President
PERIMETER PRO~IECT BOUNDARY
EXCLUDING PORTION OF DRILL TRACK
AIl that certain parcel of land situate to the north of East Grand Avenue (formerly Swift
Avenue), to the east of Industrial Way and to the south of Oyster Point BOulevard
(formerly Butler Road) in the City of South San Francisco, County of San Mateo, State of
California, being the whole of lands described and recorded in Reel 7970 at Image 552 of
the Official Records of the County of San Mateo and the whole of lands described and
recorded in an instrument bearing Recordation Number 72954 AS of the Official Records
of the County of San Mateo and the whole of Parcel I as shown on that certain Parcel
Map recorded in Volume 12 at Page 29 of Maps of the Official Records of the County of
San Mateo and a portion of lands described and recorded in Book 412 at Page t~ll of the
Official Records of the County of San Mateo and more particularly described as follows:
Beginning at a found 3/4-inch pipe with L.S. Tag ##731 at the southwesterly corner of this
parcel, being also a point in the northerly line of said East Grand Avenue, being also the
southeast corner of lands described and recorded in Resolution No. 900 as shown in
Book 1079 at Page 77 of the Official Records of the County of San Mateo and running by
bearings based on the California Coordinate System, Zone 3; thence,
I. Along a tangent curve to the right, whose radius point bears N01o02'16"E for 17.56
~-: feet, through a central angle of 119o19'51" and along
an arc length of 36.57 feet, being also along the
easterly boundary of said lands described and recorded
in Book 1079 at Page 77, to a point; thence,
2. N30o22'07"E 3#.02 feet, along the easterly boundary of last said lands, to a
point; thence,
3. N38°00'19"E 324.57 feet, along last said lands, to a found 3/4-inch pipe with
L.S. Tag #4731; thence,
4. N38°~2'41"E 935.00 feet, along last said lands, to a point; thence,
5. Along a tangent curve to the left, whose radius point bears NSIOI7'Ig"\V for 980.56
feet, through a central angle of 7o19'26'' and along an
arc length of 125.34 feet, along last said lands, to a
point of reverse curvature; thence,
6, Along a tangent curve to the right, whose radius point bears S58o36't~5"E for 980.56
feet, through a central angle of 7o19'26'' and along an
arc length of 125.3t~ feet, along last said lands, to a
found 3/4-inch pipe with LS. Tag 114731; thence,
7. N38°~2'~I"E 1250.08 feet, along the westerly boundary line of lands described
and recorded in Book 412 at Page 411 of the Official
Records of the County of San Mateo, to a point;
thence,
8. N38o~2'27"E 140.73 feet, along last said westerly boundary line, to a point at
the southwest corner of Parcel VII as described and
recorded in Book 2636 at Page 405 of the Official
Records of the County of San Mateo; thence,
9. 551o17'33"E 20.01 feet, along southerly boundary of last said lands, to a point;
thence,
10. N38o29'~8"E 4.09 feet, along the easterly boundary of last said lands, to a
point; thence,
11. N38o~2'~l"E 28.91 feet, along last said easterly boundary, to a point; thence,
12. NSIOI7'Ig"w 20.00 feet, along northerly boundary of last said lands, to a point;
thence,
Page I of #
13. N35°42'27"E 3.g0 feet, along westerly boundary of said lands described and
recorded in Book 412 at Page 411, to a point at a
southwesterly corner of said Parcel I of that certain
Parcel Map recorded in Volume 12 at Page 29 of Maps; '
thence,
14. N38O42'#l"E 376.56 feet, along westerly boundary of said lands described and
recorded in Book 412 at Page 411, being also along the
westerly boundary of last said Parcel I, to a point in
the southerly boundary line of said Oyster Point
Boulevard (formerly Butler Road); thence,
15. NsgoI4'26"E 491.51 feet, along the southerly boundary line of said Oyster Point
Boulevard to a found 3/4-inch iron pipe; thence,
16. N$2o37'26"E 368.13 feet, along last said southerly boundary line, to a point;
thence,
17. NgSoI4'26"E 417.67 feet, along last said southerly boundary line, to a point at
the northwesterly corner of Parcel 2 of that certain
said Parcel Map recorded in Volume 12 at Page 29 of
Maps; thence,
18. S02°35'04"E 300.06 feet, along westerly boundary of said Parcel 2, to a point at
the southwest corner of said Parcel 2; thence,
19. N87°23'46"E 561.23 feet, along southerly boundary of said Parcel 2 and along
southerly boundary of lands of 3ohn M. Malcolm, as
..: described and recorded in Reel 7823 at Image 2400
the Official Records of the County of San Mateo, to a
point; thence,
20. Along a tangent curve to the left, whose radius point bears N02o36'Ig"E for 307.7t4
feet, through a central angle of 32001'00" and along an
arc length of 171.96 feet, along last said southerly
boundary line of the lands of 3ohn M. Malcolm, to a
point; thence,
21. N55°22'~6"E 447.72 feet, along the southeasterly boundary of last said lands of
3ohn M. Malcolm, to a point in the southerly boundary
line of said Oyster Point Boulevard; thence,
22. NSgO14'36"E 53.47 feet, along said southerly boundary of Oyster Point
Boulevard, as described and recorded in Volume gg01
at Page 251 of the Official Records of the County of
San Mateo, to a point; thence,
23. S39o02'34"E 40.00 feet, along remainder of Parcel I as described and recorded
in Book 324 at Page 103 of the Official Records of the
County of San Mateo, to a point; thence,
24. $50o57'26"W 222.10 feet, along last said remainder, to a point in the northerly
boundary line of South San Francisco Industrial Park,
Unit No. 3-B, as shown on a Map recorded in Volume
62 at Pages '3 through g of Maps of the Official
Records of the County of San Mateo; thence,
25. S55o03'14"W 176.05 feet, along last said northerly boundary line to a point;
thence,
26. Along a tangent curve to the right, whose radius point bears N34o56'46"~V for 6t4~.00
feet, through a central angle of 10012'27'' and along an
arc length of 114.91 feet, along northwesterly
boundary of last said lands to a point; thence,
27. S51o14'16"W 866.63 feet, along last said lands, to a point; thence,
Page 2 of 4
28. S4/$°10'10"W 1199.83 feet, along last said lands, to a found 3//s-inch pipe with
L.S. Tag II#731; thence,
29. S30O35't$1"W 372.72 feet, along last said lands, to a point; thence, ,
30. Along a tangent curve to right, whose radius point bears N59o2/$'Ig"w for 100.00 feet,
through a central angle of 9025'58'' and along an arc
length of 16.q6 feet, along last said lands, to a found
3//s-inch pipe with L.S. Tag tt/$731 at the northerly
boundary of lands described and recorded in Book 5066
at Page 693 of the'Official Records of the County of
San Marco; thence,
31. S87o17'26"W 18.11 feet, along the northerly boundary of said lands described
and recorded in Book 5066 at Page 693, to a found
3//s-inch pipe with L.S. Tag II#731; thence,
32. Along a tangent curve to the left, whose radius point bears S02o/$3'29"E for 655.~5
feet, through a central angle of 56o/$1'15'' and along an
arc length of 648.59 feet, along last said lands, to a
found 3//s-inch pipe with L.S. Tag ~t/$73I; thence,
33. S30o35'16"W /$56.28 feet, along last said lands, to a found 3//s-inch pipe with
L.S. Tag tt#731; thence,
3/$. Along a tangent curve to the right, whose radius point bears N59°2/$'/$/$"W for 25.50
feet, through a central angle of 60o27'00" and along an
arc length of 26.90 feet, along last said lands, to a
.: found 3//s-inch pipe with L.S. Tag It/$731 at the
northerly boundary line of said East Grand Avenue;
thence,
35. NggO57'/$q"W 1582./$3 feet, along-said northerly boundary line of East Grand
Avenue, to the point of beginning and containing an
area of 113.278 acres.
Excepting, therefrom, however, the following described parcel of land:
Begifining at a point at the southwest corner of said Parcel 2 as shown on that certain
Parcel Map recorded in Volume 12 at Page 29 of Parcel Maps recorded in the Official
Records of the County of San Marco and running by bearings based on the California
Coordinate Systems Zone 3; thence,
1. N87O23'q6"E 561.23 feet, along southerly boundary of said Parcel 2 and along
southerly boundary of lands of 3ohn M. Malcolm, as
described and recorded in Reel 7823 at Image 2¢00 of
the Official Records of the County of San Marco, to a
point; thence,
2. Along a tangent curve to the left, whose radius point bears N02o36'I/$"E for 307.7/$
feet, through a central angle of 32o01'00'' and along an
arc length of 171.96 feet, along last said southerly
boundary line of the lands of 3ohn M. Malcolm, to a
point; thence,
Page 3 of/$
3. NSSo22'#G"E Q47.72' feet, along the southeasterly boundary of last said lands of
3ohn M. Malcolm, to a point in the southerly boundary
line of said Oyster Point Boulevardi thence,
-- #. NggoI#'36"E 53.#7 feet, along said southerly boundary of Oyster Point
Boulevard, as described and recorded in Volume 4801
at Page 251 of the Official Records of the Gounty of
San Mateo, to a pointi thence,
5. 539°02'3t~,'E 40.00 feet, along remainder of Parcel I as described and recorded
in Book 324 at Page 103 of the Official Records of the
Gounty of San Mateo, to a pointl thence,
6. S50o57'26"Vl 222.10 feet, along last said remainder, to a point in the northerly
boundary line of South San Francisco Industrial Park~
Unit No. 3-B, as shown on a Map recorded in Volume
62 at Pages 3 through g of Maps of the Official
Records of the County of San Mateo) thence~
7. S55o03'14"W 176.08 feet, along last said northerly boundary line to a pointl
thence,
g. Along a tangent curve to the right, whose radius point bears N3tio56'46"V/for 645.00
feet, through a central angle of 10o12'27" and along
an arc length of 114.91 feet, along northwesterly
boundary of last said lands to a point on the curver
thence,
9. Further alon§ said same.curve to the right, whose radius point bears N2tio4ti'19"W for
6ti5.00 feet, through a central angle of 22o08'00" and
along an arc length of 249.23 feet, along the ·
northerly boundary of lands described and recorded in
Reel 7970 at Image 552 of the Official Records of he
-- County of San Mateo, to a found 3/ti inch pipe with
· L.S. Tag ITQ731; thence,
10. 587o24'01"V/ 50g.6~ feet, along northerly boundary of last said lands~ to a
point~ thence,
I 1. N2o3g'0Q"V/ 7t+.93 feet, along remainder of lands described and recorded in an
instrument bearing recordation number 7295ti AS of
the Official Records of the Gounty of San Mateo~ to
the point of beginning and containing an area of
2.2003 acres.
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