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Home My WebLink AboutReso 146-1981 RESOLUTION NO. 146-81 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT, 'ENTITLED "LIMITED GUARANTEE OF RIGHTS FOR PUBLIC ACCESS AND GRANT OF LICENSE" that: BE IT RESOLVED by the City Council of the City of South San Francisco 1. Execution of Agreement. Execution of an Agreement, entitled "Limited Guarantee of Rights for Public Access and Grant of License" between the City of South San Francisco; Richard Diodati and Martha Diodati, James Tozer and Dolores Tozer and Swift Avenue Industrial Center I, owners of the property; and the San Francisco Bay Conservation and Development Commission, is hereby authorized. A copy of said agreement is attached hereto as Exhibit "A." 2. Signatures. The City Manager is authorized to execute said Agreement on b~h~if of the City, and the City Clerk attest his signature thereto. 3. 'Recordation. The City Clerk is authorized to record or cause recordation of said Agreement in the Office of the County Recorder of San Mateo County. I hereby certify that the foregoing Resolution was regularly intro- duced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 2nd day of December'~~ , 19 81 , by the fol 1 owing vote: AYES: Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos; and Roberta Cerri Teglia NOES: None ABSENT: None ATTEST: City Clerk e EXHIBIT "A" TO RESOLUTION 146-81 ADOPTED 1P/P/P~I Recorded at the Request of, and WHEN RECORDED ma il to: Robert K. Rogers, Jr. Acting City Attorney City of South San Francisco P. O. Box 711 South San Francisco, CA 94080 City of South San Francisco Official Business: Document entitled to free recordation pursuant to Government Code Section 6103 No. Tax Due LIMITED GUARANTEE OF RIGHTS FOR PUBLIC ACCESS AND GRANT OF LICENSE WHEREAS, by Permit No. M79-29, attached as Exhibit "1" and incorporated herein by reference, the San Francisco Bay Con- servation and Development Commission (hereinafter "BCDC") allowed the development of the Haskins Industrial Park within the City of South San Francisco (hereinafter "City") to remove from the Bay approximately 250 cubic yards of material from a mud boil and restore the area to a natural appearance, and within the 100-foot shoreline band, to (a) construct portions of a roadway and park- ing lot, consisting of approximately 122 parking spaces, for a commercial/light industrial complex, and (b) provide and improve a public access strip along the entire 1,326-lineal-foot shoreline, varying between 50 and 100 feet in width, and averaging approximately 75 feet in width, and adjacent to lands of the City, more particularly described in Exhibit "2" attached hereto (hereinafter "the property"); and WHEREAS, Special Condition II-B-la of said permit pro- vides, "Prior to the use of any portion of the roadway and park- ing lot authorized herein, the permittee shall obtain an executed and recorded instrument from the City of South San Francisco that has been approved previously by the City and the Counsel for the Commission which shall permanently guarantee rights for access for walking, bicycling, fishing, sitting, viewing, and other related public access purposes . . ." on the lands described in Exhibit "2" attached hereto; and WHEREAS, completion of development of the Haskins In- dustrial Park may produce numerous benefits for the City, includ- ing but not limited to an increased tax base, increased business and industrial opportunities within the City, and the development of a portion of the shoreline of San Francisco Bay for public purposes; .and WHEREAS, the City desires to assist Richard Diodati and Martha Diodati, James Tozer and Dolores Tozer, and Swift Avenue Industrial Center I, (hereinafter "owners of the property") to complete Haskins Industrial Park by executing and recording the instrument referred to in Special Condition II-B-la in Permit No. M79-29; · NOW, THEREFORE, for and in consideration of the Covenants and Conditions contained herein, it is hereby agreed among the City, the owners of the property, and BCDC that the City by its duly .authorized eXecution and recordati°n'of this Notice hereby grants and guarantees public rights of access for the limited purposes of walking, bicycling, fishing, sitting, viewing, and other related public access purposes upon the pro- perty described in Exhibit 2 hereto, and limits the use of this property to such public uses on the entire approximately 1,326 lineal feet of shoreline area owned by the City, which lays be- tween Haskins Way and the westerly end of Parcel C and bayward of Parcels C, D, G, H, and J, and hereby grants a license to the owners of the property for the purpose of constructing and main- taining a pathway, landscaping and other improvements required in Exhibit "1" for the aforementioned purposes. Both the guarantee of public access and license shall be subject to the following conditions: 1. The owners of the property shall comply fully with all the conditions required by said Permit No. M79-29, specifi- cally including but not limited to the requirement for mainte' nance contained in Paragraph II-B-4 of the permit. 2. The owners shall comply fully with the require- ments of the Declaration of Covenants, which is recorded on Par- cel Map entitled "Being a Resubdivision of the Lands of Arthur S. Haskins, Jr., as Described in Deeds Recorded in Volume 5372 O.R. · Page 339 and in Volume 7141 O.R. Page 390," which Parcel Map is recorded in Book 38 of Parcel Maps at pages 27-29 in the office of the Recorder of San Mateo County, which covenant is more fully set forth in Exhibit "3" attached hereto and specifically incor- porated by reference herein. However, failure by the owners of the property to comply fully with the requirements of the Declaration of Covenants shall not affect in any way the City's continuing obligation to restrict the use of the property identi- fied in Exhibit "3" to permanently guarantee rights for access for walking, bicycling, fishing, sitting, viewing, and other re- lated public access purposes provided, however, nothing in this document would prevent the City from closing the area whose use is being restricted to public access for a period of up to thirty (30) days, or longer if BCDC agrees in writing, if the City finds in writing that continued use of the property by the public creates an immediate hazard to public safety and that no feasible alternative to the closing exists and the City gives BCDC prior written notice of the determination. 3. Access to the dike by motor vehicles, motorcycles, and motor driven cycles is specifically prohibited, and the owner shall maintain appropriate barriers and-signing to~ insure that the dike is free from all motor vehicular traffic. IT IS FURTHER RECOGNIZED that upon failure of the owners of the property or the City to comply with the conditions set forth herein, BCDC may at its discretion act to enforce the · provisions of this agreement by injunctive action and/or action to recover damages caused by such failure. This provision shall not preclude the City from utilizing any legal remedies otherwise available to it to enforce the requirements of the Declaration of Covenants identified in Paragraph 2 or to enforce any other rights it may have under this agreement. IT IS FURTHER RECOGNIZED that all of the conditions contained herein are made for the direct and mutual and recipro- cal benefit of each and every site and shall be intended to cre- ate mutual and equitable servitudes upon each of such sites in favor of each other and to create reciprocal rights and obliga- tions between the respective owners of all the sites and to cre- ate a privity of contract in estate between the grantees of said lot, their heirs, successors and assigns, and shall, as to the owners of each site, his heirs, successors and assigns, operate as covenants running with the land for the benefit of all other sites of the property. IT IS FURTHER RECOGNIZED that all purchasers of any portion of the property subject to this declaration by acceptance of contracts or deeds for any of such property or any portion thereof shall thereby be conclusively deemed to have consented and agreed to all provisions set forth herein. IT IS FURTHER RECOGNIZED that this agreement and deed restriction is a covenant running 'with the land in perpetuity and shall bind the City, its successors, and assigns. The City 0 further agrees that the restriction(s) herein described shall be inserted by the City in any subsequent deed or other legal in- strument by which the City divests itself of either the fee simple title or of its possessory interest in the Subject proper- ty or any pOrtion thereof. CITY OF SOUTH SAN FRANCISCO Dated. - By: 'C. W. Birkelo, City Manager STATE OF CALIFORNIA ) ) ss. COUNTY OF ) - On this day of in the year 1981, before me personally appeared C. W. Birkelo, known to me to be City Manager of the City of South San Francisco, and known to me to be the person who executed the within instrument on behalf of said poli- tical subdivision, and acknowledged to me that such public corporation, agency or political subdivision executed the same. WITNESS my hand and official seal. NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA Dated: October. 21, 1981 Richard Dio'dati STATE OF CALIFORNIA COUNTY OF San Mateo - On this 21st day of October , in the year 1981, before me, a Notary Public of the State of California, personally appeared · Richard Diodati, known to me to be the person whose name is sub- scribed to the within instrument, and acknowledged that he exe- cuted the same. - ..... 'L~ ~ OFFI CIALSEAL ( t/~~.'.._\ DO,',,I'AI.D M GALBRAITH WITNESS my hand and official seal. t(~~ ~OT~¥PU~L'C-C~L'FO~'A ~,~,~',v~*.:' ,j-'.,,i , ~ ~:j ~,~. '~'- %T- / .~~~~ ~ ~~J [~y comm. exp~re~ OCT 19, 1983 I.D.~ 455717 NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA Dated: October 21, 1981 a~r~Jod a~~LZ~ ' STATE OF CALIFORNIA COUNTY OF San Mateo On this 21st day of October , in the year 1981, before me, a Notary Public of the State of California, personally appeared Martha Diodati, known to me to be the person whose name is sub- scribed to the within instrument, and acknowledged that she exe- cuted the same. /I ~ OFFICIAL SEAL WITNESS my hand and official sea-.~r ~r.:::~t r,,nT~,~, pu~uc - ;i ~.' ~:.. '.c.:..,:.:;:: '/ S%N t',!A: EO CC, I.D.~ 455717 -NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA Dated: October 21, 1981 STATE OF CALIFORNIA COUNTY OF San Mateo James Tozer On this 21st day of October , in the year 1981, before me, a Notary Public of the State of California, personally appeared · James Tozer, known to me to be the person whose name is sub scribed to the within instrument, and acknowledged that he exe- cuted the same· WITNESS my hand and official seal· I.D.# 455717 NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA Dated. - October 21, 1981 -Dolores Tozer STATE OF CALIFORNIA COUNTY OF San Mateo On this 21st day of October , in the year 1981, before me, a Notary Public of the State of California, personally appeared Dolores Tozer, known to me to be the person whose name is sub- scribed to the within instrument, and acknowledged that she exe- cuted the same. WITNESS my hand and official seal I.D.g 455717 -NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA Dated: . October 21, 1981 SWIFT AVENUE INDUSTRIAL CENTER I, a California Corporation Ridhard Diodati, President Di rec to r STATE OF CALIFORNIA COUNTY OF San Mateo On this 21st day of October in the year 1981, before me a Notary Public of the State of California, personally appeared · Richard Diodati, known to me to be the President of the corpora- tion that executed the within instrument and acknowledged to me that such corporation executed the same.~-~-~~~:-~-~~~f WITNESS my hand . .. I.D.~ 655717 STATE O~ ChhI~OR~I~ SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION Dated: Executive Director STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN FRANCISCO ) On this 3rd day of November in the year 1981, before me, personally appeared Michael B. Wilmar, known to me to be the Executive Director of the San Francisco Bay Conservation and Development Commmission, and known to me to be the person who executed the within instrument on behalf of said agency and ac- knowledged to me that such agency executed the same. WITNESS my hand and official seal. I. D. 9 454888 l~-Iltl :*~lIIlllllllIilIlIlIlIllllIllalIIItIliIllIIlIIlIiII ~I I OFFIr;IAL SEAL ~:~~ STEPHANIE TUCKER '(%~5f~' CITY AND COUN~ OF SAri FRANCISCO . "N~ My Ccmmisslon Expires August 30, 1983 W 'li"~I('tlIIIliIIIIIIIlImII:IIIlIllllIllIlIIllZIIIflI::l) NOTARY PUBLIC IN ;~ND FOR T STATE OF CALIFORNIA 1