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HomeMy WebLinkAboutReso 109-1982 RESOLUTION NO. 109-82 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE FINAL SUBDIVISION MAP ENTITLED "FINAL MAP GATEWAY CENTER" (SA-81-74). AND AUTHORIZING RELATED ACTS WHEREAS, the map~entitled "FINAL MAP GATEWAY' CENTER in the City of South San Francisco being a subdivision of Parcel 3 of the [ands of Homart Development Company as shown on that certain Parcel Map {PM 81-195} recorded in Book 52 of Parcel Maps at Pages 18 and lg of the Official Records of the County of San Mateo, State of California" (hereinafter Final Map} and which Final Map bears the date August 25, 1982, has been certified by the City Engineer to be in substantial con- formity with the Tentative Subdivision Map and to comply with the provisions of the Subdivision Map Act (Government Code Section 66410 et seq.} and applicable local ordinances; and WHEREAS, the developer and the city have previously entered into an agree- ment entitled "Agreement - Subdivision Improvements 'GATEWAY CENTER," which agree- ment is da ted July l, 1982; and WHEREAS, the City Attorney has approved and the developer has previously had recorded in the official records of the County of San Mateo certain declara- tions containing covenants, conditions and restrictions relating to the land to be subdivided by the Final Map, as follows: 1. Covenants, conditions and restrictions as contained in the declaration dated November l l, 1981 and recorded November 25, 1981 under Instrument No. 11466 AT, records of San Mateo County; and 2. Covenants, conditions and restrictions as contained in the declaration dated December 29, 1981 and recorded December 31, lgS1 under Instrument No. 22392 AT, along with a supplemental declaration for the above mentioned restrictions dated December 30, 1981 and recorded on December 31, 1981 '1 III under Instrument No. 22393 AT, both in the records of San Mateo Coounty; and WHEREAS, the developer has prepared a First Amendment of the above men- tioned declaration (hereinafter First Amendment), which amendment is attached hereto as Exhibit "A," and WHEREAS, all necessary signatures have not been placed on the title page of said Final Map, but all necessary signatories thereto have indicated approval of the Final Map and willingness to sign it; and WHEREAS, the developer has complied with all of the conditions attached to approval of the Tentative Map; NOW, THEREFORE, BE IT RESOLVED THAT: 1. Map Approval. The Final Subdivision Map (SA-81-74) entitled as set forth above, pre- pared by Wilsey and Ham and dated August 25, 1982, is hereby approved, subject to the condition that prior to recordation the deYeloper shall obtain all necessary signatures on the title page of said Final Map. 2. Acceptance of Dedications. The dedications for public use for street and highway purposes of the areas designated on said Final Map as East Grand Avenue Overcrossing, Gateway Boulevard and Oyster Point Boulevard and of other easements designated on said Final Map for slope purposes, utility purposes, sewer pump station purposes, sani- tary sewer purposes and storm drain purposes, all as shown and designated on said Final Map, are hereby accepted, and the City Clerk is authorized to execute the City's acceptance thereof. 3. Recordation. The City Clerk is authorized to cause recordation of the Final Map in the official records of the County of San Mateo, same to be concurrently recorded with the agreement entitled "Agreement- Subdivision Improvements, GATEWAY CENTER" dated July l, 1982 and with the First Amendment. 4. Copy of Recorded Documents. A copy of the recorded agreement entitled "Agreement - Subdivision Improvements, GATEWAY CENTER" and a copy of the First Amendment shall be filed in each of the following offices for reference' (1) City Clerk, (2) Director Of Community Development and (3) Director of Public Services/City Engineer, and the Building Division may withhold building permits until the copies of the recorded documents are so filed. 5. Copy of Recorded_ Final Map. A reproducible copy of the recorded Final Map (Mylar or equal) and two blueline prints shall be filed with the Director of Public Services prior to the issuance of any building permits or occupancy permits for the structures located within the subdivision. 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 1st day of September , 1982, by the following vote' AYES' Councilmembers'Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos; and Roberta Cerri Teglia NOES' None ABSENT' Councilmember Ronald G. Acosta Uhen Recorded Return to: · gateway Property Owners' Association c/o Homart Development Co. 480 Industrial Way SoUth San Francisco, California 94080 FIRST A~.NDMENT OF. DECLARATION This First Amendment of Declaration made by the Gateway Property Owners' Association. WITNE S SETH WHEREAS, Homart Development Co. ("Homart") is Declarant in that certain Declaration (the "Declaration"). dated December 29, 1981, and recorded on December 31, 1981, in the official records of the County of San Mateo as Instrument No. 22392-A~, and in that certain Supplemental Declaration dated December 30, 1981, and recorded on December 31, 1981, in the official records of the County of San Mateo as Instrument No. 22393-AT, and said D~eclaration and Supplemental Declaration affect all of that certain real property described in Exhibit A attached hereto; and WHEREAS, the Gateway Property Owners' Association (the "Association") is a non-profit corporation incorporated under the laws of the State of California, and the membership and voting rights of the Association are set forth in Article II of the Declaration; and WHEREAS, pursuant to Article VIII, paragraph 8.2, of the Declaration, the Association may amend the Declaration at any time by sixty percent (60%) of the total eligible votes of the Owners, as defined in Article I, paragraph 1.1, of the Declaration, and Homart is entitled to more than sixty percent (60%) of the total eligible votes of the Owners; and WHEREAS, all of the members of the Association have consented to this First Amendment of Declaration and have waived the right to written notice of a meeting and a meeting, as required pursuant to Article VIII, paragraph 8.2, of the Declaration, and Article II, paragraph 2.4, of the Bylaws of the Association, for the purpose of voting on this First Amendment of' Declaration, but for no other purpose. NOW, THEREFORE, the Declaration is hereby amended as follows: 1. The title page of the Declaration shall hereby be amended to read as follows: DECLARAT ION GATEWAY CENTER Dated: December 29, 1981 2. Except as amended in paragraph 1 of this First Amendment of Declaration, the Declaration and the Supplemental Declaration shall remain in full force and effect. Executed this /~ day of September, 1982. HO~ DEVELOPM~_NT CO. G_~TE.WAY PROPERTY OWN~R~' ASSOCIATION ChY~ l~e s~~B~ r 1 ~'~~i_q e nt C~~~dent~ ' ' g, ' ' ~'r~/~ ~ ~ OFFICIAL SEAL ~ ' ' ,*=~.----- -.---~'. ...... ~ ~ o~:~' -,, ~ ~-.--.,~ ' , [.;~_~.~?~-'J:t.~'l r~'OTA~Y PUBLIC - CALr,~' ' ,, C~, .,,, .,z ,~ ,,~_,..~,_,., ,DS ' Fi L.~ I"4 0.: ............................... The undersigned, as Secretary of the Gateway property (A~ners' Association, hereby certifies that the First Amendment of Declaration set forth above has been approved by the requisite vote of the Owners as defined~ in Article 1, paragraph 1.1, of the Declaration. -3- STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN MATEO ) On September 10, 1982, before me, the undersigned, a Notary Public in and for said State, personally appeared Charles Berling known to me to be the Vice President of Homart Development Co. that executed the within Instrument, known to me to be the person who -executed the within Instrument on behalf of the Company therein named, and acknowledged to me that such Company executed the within Instrument pursuant to its bylaws or in resolution of its board of directors. WITNESS my hand and official seal. Signature ' ~ OFFICIAL SEAL ',' ~~~_ SHEll A MARY MCCARTY ). [i~j$ NOTARY PUBLIC-CALIFORNIA ~ %.~g:AW// SAN MATE0 C0UN~ STATE OF CALIFORNIA SS. .; COUNTY OF SAN MATEO ) On September 10, 1982,: before me, the undersigned, a Notary Public in and for said State, personally appeared Charles Berling known to me to be the President of the Gateway Property Owners' Association that executed the within Instrument, known to me to be the person who executed the within Instrument on behalf of the Association therein named, and acknowledged to me that such Association executed the within Instrument pursuant to its bylaws or-in resolution of its board of directors. WITNESS my hand and official seal. Signature OFFICIAL SEAL ~ .SHEll A MARY/:,,,r"C, AoT,: i,' STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN MATEO ) On September 10, 1982, before me, the undersigned, a Notary Public in and for said State, personally appeared John Aguilar known to me to be the Secretary of the Gateway Property Owners' Association that executed the within Instrument, known to me to be the person who executed the within Instrument on behalf of the Association therein named, and acknowledged to me that such Association executed the within Instrument pursuant to its bylaws or in resolution of its board of directors. CENTR,q,~ l~ ~::'"' ~'-' ~'- WITNESS my hand .and official seal. Signature_ x , ~~ OFFiCiAL SEAL-- N~e ~' (~/~ ~ mmm. expires JAN 27, ISa6 Il' I! ~ IrlI LEGAL DESCRIPTION OF THE GATEWAY All ~.at certain parcel of land situate to the north of East Grand Avenue (fc~tmerly 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 t~12 at Page ~ll of the Official Records of the County of San Mateo and more particularly described as follows: Beginning at a found 3/~-inCh pipe with L-~. 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 Coo..rdinate System, Zone 3; thence, 1. Along a tangent curve to the 2. N30°22'07"E 3. N38°00'Ig"E t~. N38Ot~2't~l"E 3t~.02 feet, 324.57 feet, 935.00 feet, Along a tangent curve ~o the Along a tangent curve to the 7. N38°~2'~I"E 1250.08 feet, 8. N3g°~2'27"E 1~0.73 feet, --- 9. S51°17'33'E I0. N3g°29't~g"E · 20.01 feet, /~.09 feet, right, whose radius point bears N01°02'I6"E for 17.56 feets 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, along the easterly boundary o! last said lands, to a point; thence, along last said lands, to a found 3/~-inch pipe with L.S. Tag #4731; thence, along last said lands, to a point; thence, left, whose radius point bears NSl°17'lg"W 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, 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 125.34 feet, along last said lands, to a found 3/q-inch pipe with L.5. Tag ft~731; thence, along the westerly boundary line of lands described and recorded in Book 412 at Page ~11 of the Official Records o! the County of San Mateo, to a point; thence, along last said westerly boundary line, to a point at the southwest corner of Parcel ¥II as described and recorded in Book 2636 at Page q05 of the Official Records of the County of San Mateo; thence, along southerly boundary of last said lands, to a point; thence, along the easterly boundary o! last said lands, to a point; thence, Page I of 3 EXHIBIT A FILE NO.: .............................. 11. N38O~2'~l'q': 12. NSIOI7'Ig"W 13. N38o/~2'27"E le~. N38o~2'~I"E 28.91 feet, 20.00 feet, 3.80 feet, 376.56 feet, 15; NggoI4'26"E 16. Ng2°37'26"E 17. Ng8°l q91.51 feet, 368.13 feet, /~17.67 feet, 18. S02°38'04"E 19. N87°23'46"E 300.06 feet, 561.23 feet', 20. Along a tangent curve to the 21. N55°22'46"E ~47.72 feet, 22. N88o14'36"E §3.t~7 feet, '23. S39o02'34"E 24. S50°57'26"W ~0.00 feet, 222.10 feet, 25. $55o03'14"W 176.08 feet, along last said easterly boundary, to a point; thence, along northerly boundary of last said lands, to a point; thence, along westerly boundary of said lands described and recorded in Book t~12 at Page t~ll, to _a point at a southwesterly comer of said Parcel I of.that certain Parcel Map recorded in Volume 12 at Pag6 29 of Maps; thence, 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 1, to a point in the southerly boundary line of said Oyster Point Boulevard (formerly Butler Road); thence, along the southerly' boundary line of said Oyster Point Boulevard to a found 3/~-inch iron pipe; thence, along last said southerly boundary line, to a point; thence, 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, along westerly boundary of said Parcel 2, to a point at tl~e southwest corner of said Parcel 2; thence, 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 of the Official Records of the County of San Mateo, to a point; thence, left, whose radius point b~ars N02o36'IZ~"E for 307.74 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, along the .southeasterly boundary of last said lands of 3ohn M. Malcolm, to a point in the southerly boundary line of sa~d Oyster Point Boulevard; thence, along said southerly boundary of Oyster Point Boulevard, as described and recorded in Volume qB01 at Page 251 of the OJficial Records of the County of San Mateo, to a point; thence, along remainder of Parcel I as described and recorded in Book 324 at Page 103 of the Official Re~.ords of the County of San Mateo, to a point; thence, 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 8 of Maps of the Official Records of the County of San Mateo; thence~ along last said northerly boundary llne to a point; thence, Page 2 of 3 FILE NO.: 26. Along a tangent curve to the right, whose radius point bears N3~o56'46"W for 6~5.00 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; thence, 86(;.63 feet~ along last said lands, to a point; thence, ' 1199.83 feet, along last sald lands, to a found 3/~-~ pipe with L.S. Tag #47311 thence~ 372.72 feet, along last said lands, to a point; thence, 30. ~Along a tangent curve to right, whose radius point bears N~9o24'Ig"W for 100.00 feet, through a central angle of 9o25'~g" and along an arc length of 16.~6 feet, along last said lands, to a found 3/~-lnch pipe with L~. Tag #~731 at the northerly boundary of lands described and recorded in Book ~066 at Page 693 of the Official Records of the County of San Mateo; thence, 31. Sg7O17'26"W 18.11 feet~ along the northerly boundary of said lands described and recorded In Book ~066 at Page (;93, to a found 3/~-inch pipe with L.S. Tag #4731; thence, 32. Along a tangent curve to the left, whose radius point bears S02o43'29"E for feet, through a central angle of M;o41tl:P' and along an arc length of. 6~g.~9.feet, along last said lands, to a found 3/~-inch pipe wxth L~. Tag #4731; thence, along last said lands, to a found 3/~-inch pipe with L.S. Tag ~7~731; thence, right, whose radius point bears N59°24~4~"W for 2~.~0 feet, through a central angle of 60o27'00" and along an arc length of 26.?0 feet, along last said lands, to a found 3/~-inch p~pe with L.S. Tag ~I~731 at the northerly boundary line of said East Grand Avenue; thence, 3~. Ngg°~7'44"W 1~82.~3 feet, along said northerly boundary line of East Grand Avenue, to the point of beginning and containing an area of 113.278 acres. 27, S~l°l~'lSWW 28. ,.%4~°10'10"W 33. S30°3~'16"W a56.28 feet, -- 3~. Along a tangent curve to the Page 3 of 3 Page 3 of 3 i FOIIIII ~LEGEND' DATI~ II-I~II I I I~OUI?~IAL WAY ,t THE GATEWAY I ; I - PRDJICT BOUNDARY MAP