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HomeMy WebLinkAboutReso 62-1979RESOLUTION NO. 62-79 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF ASSUMPTION AGREEMENT BETWEEN CITY OF SOUTH SAN FRANCISCO AND STONEGATE ASSOCIATES . BE IT RESOLVED by the City Council of the City of South San Francisco that: I ! 1. Execution Authorized. . Execution of Assumption Agreement (Assumption of Agreement dated July 19, 1978., and recorded October~4, 1978 in San Mateo County Records Reel 7785, Image 1544, for subdivision improvements, Stonegate Fourplexes, which subdivision is now by map designated Stonegate Terrace, a condominium. . project, recorded October 4, 1978, San Mateo County Records, in Book' 98 of Maps, Pages 16 .... 23) between the City Qf~..South San Francisco, a municipa1. corporation, and Stonegate Associates, a Californi~ Limited Partnership (Charles M. Sprincin,Managing General Partnem), a copy of which is attached hereto as Exhibit "A", is hereby authorized. 2, Signatures. The Mayor is authorized to execute said Assumption Agreement on behalf of the City of South San Francisco, and the City Clerk attest his signature thereto. 3. Recordation. The City Clerk is authorized to record said Assumption Agree- ment in the official records of the County of San Mateo. 1. 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 this 6th day of June , 197~9_, by the following vote' AYES, COUNCILMEMBERS NOES, Ronald G. Acosta, William A. Borba, Emanuele N. Damonte, Terry J. Mirri and Roberta Cerri Teglia None ABSENT, " None ATTEST. EXHIBIT "A" TO ASSUMPTION AGREEMENT-DATED ~/6/79 AGREEMENT - EXHIBIT "A" TO RESO. 62-79 SUBDiViSiON IMPROVEMENTS . STONEGA'fE }'OU RPLEXES REVERSION TO ACREAGE THIS AGREEMENT is made and entered into as of this 19th . - day of du'~y, 1078, by and between the City of South San Francisco,. a municipal .corporation, hereinafter .designated "City, . · Ross Conti,-Du~lle. y Kirkp. atrick, Charles .Centers and. Dani~l~ . . '~ Deeters, hereinafter designated "Subdivider," both of whom' unde~- stand and agree as follows: '. · W ITNES SETH : WHEREAS, %he "Stonegate Fourplexes" final map dated' May 1977 and recor, ded January 13, 1978, in Volume 96, Pages dedicated easements to the City of South San Francisco which were 'mccepted by Re-s~lution 168-77 adopt, e.d O~tobe'~, 5, 1977, and WHEREAS, Subdivider an:] the Ci.ty of South San Francisco enter'ed into an agreement for subdivision improvements, for said Stonegate Fourplexes as of October 5, i977, providing for:impro, ove,. -. · · sent work within said easements, Which agreement was recomded .in . San Mateo'County Official Records on November.' 18, 1977, in Book .. 7663 at Page 327 (hereinafter First Agreement), and · 2 · WHERF_.^S~ all of the o~..'~ers of Stonegate Fourplexes petitioned · th~ City for approval of a reversi6n to acreage map entitled . · "Reve~si'on to Acreage, Stonegate Fourplexes (Recorded in Volume. 96 of MaPs at Pa.ges 71 73, San Marco County Records),. 'South . San Francisco, California," except for (1) ~he Cklifornia Water Service, public utilities and ingress and egress easements as San Hateo record&d March 19, 1962, in Book '~167 E~t Page t;62,, County Records, in, over, across and .through. the ngrthwesterly · 50' of Parcel A (Book t~167, page 1~1~2, San'Marco County Records) (2) Zhe P.G.gE. easement reco~ded August 16, 1982, in Book ~272, Page 6~8, San Marco County Records; and (3)the sanitary sewer easement dedicated by the Final Map "Stonegate Fou~.plexes" dated' · .. May 1977, recorded in Volume 96, Page 73, San Mateo County Records, · and ' ' .~ WHEREAS, the City Council, after' duly consider-lng the fever- sion to acreage map on the 19th day of July, 1978, at a regulab- meeting at which all interested persons were heard~ found. ~hat (a) except for (!) the California Water Service, public utilities and ingress and egress easements as z'ecorded-March 19, 1962, in Book ~167 at Page 1462, San.~ateo County Recor,ds, in, ovem, across and through the northwestePly. 50' of Parcel A (Book ~157~ Page · . ~62, San Mateo County Records); (2) the P.G.gE easement recorded - August 16~ 1912~ in Book tl. 272, Page 6~48, San Ma~eo County Recor'ds; and (3) the sanitary sewer easement dedicated by' the Final Map "$tonegate Foumplexes" 'dated May, .1977, ~ecorded in Volume 96 of Maps, Page 73, San Mateo County Records,. other dedications or · · offers of dedications to be vacated or abandoned by the ~eversion' · ~o acreage are Unnecessa,?y for present or prospective public put- · poses, and (b) all owners of interest in the ,-eel property within . the subdivision have consented to the reversion, and WHEREAS, the City Council approved the map entitled "fi. ever-' sion ~o Acreage, Stonegate FouFp].excs (Recorded in Volume 95 of Maps at Pages 7! - 73, Sar, Mateo COunty Records), South San .Francisco, California, ~,ed May 1979, consis'tin of two sheets, excepting therefrom (1) the ~alifo['nia Water Semvice, public utilities and ingress and egress easements as recorded March 19, 1962, in Book 4167 at Paze ~62, San ,'-iateo.County Records,. in, over~ across and through tbz northwesterly 50' of Parcel A ' ~ (Book tt167~ page q§2, San Mateo County Records); (2) the P.G.gE. i · easemen~ ·recorded August 16, 1962, in Book ~272, Page 6~8 ~ San' .' Mateo Count~ Records; and (3) the sanitary sewer easement de~- icated by the Final Map "Stonegate rourple×es" dated. May' 1977', recorded in Volume. 96, page 73, San- Marco County RecOrds, and. WHEREAS, the City Council ~rd~red as condition of said ap- proval (a) retention-of all previous paid fees to accomplish ~he purposes of Government Co.4~ Section 66~99.11, et seq., and related · City ordinances, and (b) retention of improvement securities or · : deposits to accomplish the purpose of local ordinances adopted pursuant to said Government Code sections and the.provisions of the First Agreement until obligors and their sureties file with City new improvement security deposits to replace those pre- viously so filed, and WHEREAS, the City Council authorized· execution of an agmee- · ment between .City and Subdivider providing for ~he public improve- ments set forth on Exhibit A to the First Agreement .and authorized ~.. the Hayor to execute said agreement on behalf of the City, said - . execution to be attested by the City Clerk; NOW, TttEREFORE, IM CO''e ~'~.-IDERA'I'ION OF TIIE AFOREGDING PREMISES AND THE COVENANTS AND CONDITIONS I;EREINAFTER SET F6RTH, IT IS AGREED AS FOLLOWS: i. Publ_ic Improvement.~'. In accordance with the Firs~ Agree- ment and the conditions on approval o~ the ~,eversion to acreage as set fomth in Resolu'tion No. 91-78 adopted July 19, 19.7'8, by .. · . the City Council of the City of South San FrancisCo, Subdividem shall construct and install the public improvements.as therein- . prOvided ~nd pePform the terms and conditions of said agreement. 2. Pemf0r:nance Bonds mhd Insupance Certificates: Sub--' divider shall furnish to the .City acknowledgments for sur.eties o and its insurance carriers ~hat the performance bond-s~ labor and material bonds and required insurance certif.icates are effective . for The provisions, of this ~greement or file new bonds and cer- ti_ficates to th~ ~;ame extent therefoe. 3. City' s Acceptance. City accepts said undertakings by -. · Subdivider and the performances of Subdivider -to date ~i't:h respect public impcovements as compliance with the meversion ~o acf~- age conditions Of approval recited in the referenced ResOlution. · IN WITNESS' WHEREOF, the parties hereto h~ve caused. This · Agreement to be executed as of ~he day ~'nd year first ab%ve ~ . written· ATTEST: CITY OF SOUTH SAM FRANCISCO, a Municipal Corporation SUBDIVIDER: R( ~'. Con,ti/~ ' - '~g Danie.1 De~k As ' Attorney ~n Fact For: Dudley K~kpa~rick , . e~arle~C~ers ~ ~~~e, / / .t !1 r " " · ~ · ~. · .