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Home My WebLink AboutReso 203-1977that: RESOLUTION NO, 203-77 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR EXCHANGE OF COMMON GREENS RELATED TO SKYLINE VILLAGE, A CONDOMINIUM PROJECT. BE IT RESOLVED by the City Council of the City of South San Francisco 1. Execution. The City Council authorizes execution of the Agreement entitled "Exchange of Common Greens Related to Skyline Village, A Condomin- ium Project," a copy of which is attached hereto as Exhibit A and by this reference incorporated herein. The Mayor and Mayor pro tem are authorized to execute this agreement on behalf of the City and City Clerk attest their , signatures thereto. 2. Recordation. The City Clerk is authorized to record or cause recorda- tion of said agreement in the Official Records of the County of San Mateo. 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 2nd day of November , 19 77, by the fo]lowing vote' AYES, COUNCILMEN Richard m. Battaglia, William A. Borba, Emanuele N. Damonte, Terry J. Mirri and Leo Padreddii NOES, " None ABSENT," None ATTEST' ~ ~~ty Cle~~rk' l'l " ['1[" EXHIBIT A TO RESOLUTION 203-77 ADOPTED November 2, 1977 AG R E EM Ert T EXCHANGE OF COMMON GREENS RELATED TO SKYLINE VILLAGE, A CONDOMINIUM PROJECT THIS AGREEMENT made and entered into as of this day of , 19 ., by and between the City of South San Francisco', a municipal corporation, hereinafter designated "City," and Frumenti Develop- ment Corporation, a California corporation, and DCA of San Francisco, Inc., a · California corporation, hereinafter designated "Subdivider"; WITNESSETH ' WHEREAS, City ~n 1964 acquired Lot 27, Block 2, and Lot 27, Block 3~' as designated on the m~p entitled "Westborough-West Park Unit 2;o. !, South San Francisco, San Mateo County, California," which was recorded in San Mateo County Official Records on November 19, 1964, in Book 61 of Haps at :. :..i]:S '. Pages 11 through 16 (hereinafter "original common green parcels"), an~ WHEREAS, said or~§inal common green parcels were conveyed by Sub- divider's predecessor in interest to complement a planned unit develom;~uent the~ proposed, and WHEREAS, Subdivider proposes a new and different design of ~he area as shown on the subdivision map entitled "Skyline Village, A Project, South San Francisco, California," dated October 1977, ~hidh requ2res. a change in the common greens and other areas, and WHEREAS, City and Subdivider desire to exchange the original green parcels for new common green parcels and devel.opment of l~ndscape~ common areas and facilities to implement the new desi§n; NOW, THEREFORE, FOR AND.IN CONSIDERATION OF THE AFOREGOING PREMISES AND THE MUTUAL COVENANTS HEREIN RECITED, IT IS AGREED AS FOLLOWS' 1. City's Conveyance. City shall convey to Subdividers said original common green parcels. 2. Subdivider's Conveyance. Subdivider shall convey to City the new common green parcels described in Exhibit A attached hereto and made a part hereof, subject to the easements thereon described, which parcels are Numbers 1 through 16 in Block I as shown on that certain map entitled "Skyline Village, A Condominium Project, South San Francisco, San Mateo, California." The new common green parcels shall be conveyed to City free and clear of all other liens, taxes and encumbrances except those accepted by City. 3. Title Policy. Subdivider shall furnish at its cost and expense a standard CLTA policy in $ 79,000.00 , assuring title to the new common green parcels so vested in the City of South San Francisco. 4. Common Area Development. Subdivider shall construct and install in the common area the landscape planting, club house and appurtenant facil- ities as shown on the landscape plans entitled "Skyline Village, South San Francisco," prepared by James Weber and Associates, Architects and Planners, Job No. 7709, dated August 10, 1977, and approved amendments thereto. Said improvements shall be for the benefit of the unit owners and successors in interest, and the Declarations of Covenants and Restrictions related to said condominium project shall provide for maintenance and repair thereof by said owners and successors in interest. 5., Other Landscaped Areas. Subdivider shall construct and install other landscape improvements and appurtenant facilities as shown on the plat 2, entitled "Description Plat of Landscaped Areas and Common Green Parcels, Skyline Village, A Condominium Project, South San Francisco, California," prepared by TheOdore V. Tronoff, Civil Engineer and Surveyor, dated July, 1977. The West Park Park and Parkways Maintenance District shall maintain and repair said other areas after acceptance of the improvements by the City Council of the City of South San Francisco. 6. Performance Failure. If the Subdivider on or before the day of July. , 19 80, fails, neglects or otherwise refuses, or is for any reason prevented from fulfilling the obligations set forth in Para- graphs 2, 4 and 5 of this agreement, City, in addition to any other remedies, may elect to require that Subdivider convey to City a parcel or parcels of property within the Skyline Village subdivision area, same to be equal in area and value to the original common greens conveyed, to Subdivider, same to be free and clear of all liens, taxes and encumbrances except thoSe accepted by City. Subdivider shall file a surety bond in the principal sum of (~ne Hundr~H Twenty=Five. Thousan~)ollars ($ 125t000.00 ) or deposit in an interest bearing account in a bank the sum of One Hundred Twen~7-F|ve Thousand Dollars ($ 125,000.00 ), same to be held by said bank to secure the performance of ~this paragraph by Subdivider and his successors i~ interest. 7. ·Escrow of Deeds. City shall deposit in escrow the necessary docu- ments to convey the original common greens to Subdivider. Subdivider shall deposit in escrow the necessary documents to convey the new common greens to City. 8. Parties Obligated. This agreement shall bind the parties hereto and their successors and assigns. IH WITNESS WHEREOF, the parties-hereto have executed this agree~..=nt. as of the date first above written. CITY: CITY OF SOUTH SAN FRANCISCO, a municipal corporation · By · I,layor ).layor pr6 tem ATTEST- City Clerk SUBDIVIDER- FRUMENTI DEVELOPMENT CORPORATIO;I, a California corporation DCA of San Francisco, Inc., - a California corporation By . DESCRIPTION: .EXHIBIT A TO AGJ~EEHENT, EXCHANGE OF COMMON ~REENS RELATED TO SKYLI,qE VILLAGE IH EC~D~B0~ o TRONOFF 'Civil Engineer & Suwey, Jnc, COMMON GREEN PARCELS TO BE DEEDED TO SOUTH SAN FRANCISCO, "SKYLINE VILLAGE" SOUTH SAN FRANCISCO Page I. ~ 80~5 October 4, J977 Revised 10-27-77 · · All of Common Green Parcels No. 1 though 16 in Block 1 as said Parcels are Shown on that certain map entitled "SKYLINE VILLAGE"t' South San Franclscot San Mateo County~ California, filed in the Office oF the Recorder of the County of San Mateo~ State of Calil:ornia· on · 1977~ in Book of Mapst at pages- and . ~' SUBJECT TO the following: Public Utility Service Easements for the~ins...tallation and maintenance of public utility services to Lot 1, Block 1, 'as said easements, lot and block are shown on said'Map c~ Skyline Village. A Sewer and Roof Drain Easement across the entire area of said Common Green" Parcels for the construction and maintenance of sanitary sewer laterals~ roof drains cznd related facilities for the benefit of Lot 1~ Block 1· and the owners of the Air Spaces. as shown on said Male'of Skyline Village. A Non-exclusive Pedestrian Access Easement across the entire area oi: said · Common Green Parcels for the purpose ot: access to and from the buildings and T '" facilities contained within bt 1· Block 1· ot: said Map of Skyline Village. EXHIBIT "A" --1- "SK~'LINE VILLAGE" THEODORE V. TRONOFF Page 2 #8085 El, Easements 10 treet in width along the lines common to said Common Green Parcels and to Lot 1 in said Block 1 for the purposes of construclion~ repair and maintenance of the common area as Shown and delineated on said Map (including buildlngs~ walkways, driveways and appurtenances constituting a portion thereo'0· and for ingress and egress in and through said common area and for ingress and egress in and through the units designated in said · Map of Skyline Village. · . An Easement six and one halt: (6.50) feet in width along the lines common to said Common Green Parcels and to Lot 1, Block 1, for eaves,.'roof overhangsi- chimney overhangs bncl ~ates,~ and for balconies 'which maintain a mi'n~mu?n.cle'~ran~e of e[gh~(8o00) feet from the gfouhd e!~va, tlor~ extending from and for the benefit oF the ~.o~'1~ BI .ack 1· and the owners of the Air Spaces shown on said 1v'~ap of Skyline Village.. :.. An Easement One (1 o00) feet in width along the lines common to said Cam .m~n Green Parcels and to Lot l~.Block 1· for t:oundatbns, support and other building. protrusbn~ extending I~rom and for the benefit of the Lot 1· Block:_1;' an~_the owners the Air Spaces shown on said Map alr Skyline Village. G~ Public Utility Easements· Westborough County Water District Easements and Drainage Easements as shown on that certain ~ap entitled'"Reversion To Acreage atr Block 3 And Portion OI~ Block 2, Westborough West Park Unit 1, South Son Francisco~ San Mateo County~ Californla"~ filed in the Office of the Recorder of theCounty of San Mateo~ State of Calit:ornia on · 1977'~, - · in Book of Maps· at Pages and . - EXHIBIT "A" (contlnue~l)