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HomeMy WebLinkAboutReso 174-1983RESOLUTION NO. 174-83 that: CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR SURPLUS REAL PROPERTY LOCATED SOUTHWEST OF THE . HILLSIDE/CHESTNUT INTERSECTION BE IT RESOLVED by the City Council of the City of South San Francisco 1. Execution of Agreement. Execution of an Agreement entitled "Purchase Agreement Surplus Real Property Located Southwest of the Hillside/Chestnut Intersection" between the City of South San Francisco and Mario Mantegani, Marguerite Mantegani, ReNo Mantegani and Barbara Jean Mantegani is hereby authorized, and a copy of said Agreement is attached hereto as Exhibit "A." 2. Si .qnatures. The Mayor is authorized to execute said Agreement on behalf of the City, and the City Clerk attest his signature thereto., I hereby certify that the foregoing Resolution was re§ularly introduced and adopted by the City Council of the City of South San Francisco at a~n adj. regular meeting held on the 14th day of December , 19 83 , by the following vote' AYES' NOES' ABSENT: None Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey, Gus Nicolopul6s; and Roberta Cerri Teglia None ATTEST- City C EXHIBIT "A" TO RESOLUTION NO. 174-83 PURCHASE AGREEMENT · SURPLUS REAL PROPERTY LOCATED SOUI~HWEST OF THE HILLSIDE/CHESTNUT INTERS ECTI ON THIS PURCHASE AGREEMENT, made and entered into' this 3rd day of January · -- · 19 84, by and between the City of South San Francisco (hereinafter "City") and Mario Mantegani, MargUerite Mantegani, RemO Mantegani. and Barbara Jean Mantegani, jointly and severally (hereinafter referred to collectively as "Buyer"). WHEREAS, buyer has submitted bid proposal to purchase surplus real property located Southwest of the Hillside/Chestnut Intersection in the City of South San Francisco and more particularly described as set forth in Exhibits "A" and "B" attached hereto and by this reference incorporated herein as though set forth ver- batim (hereinafter collectively referred to as the "Property"); and WHEREAS, City has accepted the bid of Buyer for purchase and is willing to enter into this Purchase Agreement for sale of the Property; NOW, THEREFORE, it is agreed by the parties hereto as follOws.: 1. Purchase rights under this agreement shall commence on the first day of the calendar month following the date of execution of this agreement by the City and shall terminate at midnight on the 180th day after execution of this agree- ment by City. 2. Purchase of the Property is subject to the following terms and conditions: A. The purchase price is $1,800:00~. which shall be paid to City in full - all cash at close of escrow. · B. This Purchase Agreement is non-assignable, and any attempt to assign Buyer's rights or any portion of buyer's rights hereunder is void and shall cause this Agreement to terminate automatically and without notice. C. Buyer will, by December 31, 1988, or prior to offering all or any portion of Parcel 1 (described in Exhibit "A" hereto) for sale, whichever occurs first, complete the resubdivision of the Property in accordance with the laws of the State of California and of the City of South San Francisco as they exist at the · time of said resubdivision, and Buyer shall pay all fees required therefor; and D. Immediately upon title passing from City to Buyer, Buyer shall cause an easement to be recorded in the office of the Recorder of the County of San Mateo, which easement will burden the Property by §ranting a right-of-way for purposes of ingress and egress across the entire area of the Property in favor of each of the parcels of land described in Exhibit "C" attached hereto and by this reference incorporated herein as though set forth 'verbatim. Said easement shall remain in effect until the completion of the resubdivision of the Property as required by Sub- paragraph "C" above. E. Buyer understands and agrees that the entire area within the Property is encumbered by a Public Services Easement and permanent struc- tures may not be constructed on any portion of the Property. F. Buyer immediately upon execution of this Agreement by Buyer and City, shall cause this Agreement to be 'recorded in the office of the Recorder of the County of San Mateo as a restrictive covenant upon the land referred to herein as the Property. G. The foregoing conditions "A" through "F" are binding upon Mario Ma~tegar Marguerite Mantegani, Remo Mantegani nn~ Rarhara ,l~an Mantegani ~ointly and severally, their heirs, successors or assigns' and failure to perform any or all of the conditions hereinabove set forth shal'l cause 'title to the Property to automatically revert to City. 3. All notices and communciations required under this Purchase Agreement shall be in writing and shall be delivered by placing them in the U. S. mail, -2- ~ostag'e prepaid and addressed as follows: A. NOTICES TO BUYER: Mr. Mario'Mantegani and Mr. Remo Mantegani 1537 Hillside Boulevard South San Francisco, CA 94080 B. NOTICES TO CITY: City Clerk City of South San Fral]cisco 400 Grand Avenue South San Francisco, CA 94080 C. Any party may designate a different address by giving written notice as set forth in this clause. 4. Failure of Buyer to meet .the terms and conditions of this agreement fully and satisfactorily, within-the time limits stated, shall absolutely and conclusively terminate Buyer's rights hereunder. 5. The Buyer understands that the Property is sold in an "as is" condition and no warranty, expressed or implied, is given regarding the condition of said Property or of any services 'delivered thereto. Dated: Dated:~~ ~ / CITY: CITY OF SOUTH'SAN FRANCISCO ATTEST: City -3- EXEiB T ';"A,, PARCEL Beginn:nc.i at a poJnt'on the sout:hwes.terl~ l]ne o[ ll]11side J:gu~evard~ said point bein~ the most northerly corner or tl~a~ certair, ~.~77 cre tract or land described in the Deed to Giovanni 1-lar, te!~ani aD~ Caroline l.tantegani, his v~if~, recorded February 20, lgaa, in Volt,ms- 1452 of OFficial Records, at ~a~e 227, Records of San laateo C~unty; t))~nce ~rom said point of beDinninD, and along th~ northeasterly line of said tract, south 55° 37'5D" east 394.9D ~eet to a E~ranite ~:~onument designated as "L-5" on the "l.lap of Survey I~ade'for t'.E. Iler>" recordeJ Iqarch lO, l~gl, in Volume E of 14aps at I'ag~ 7~, E:ecor~s of San H'ateo County, s~id monument bein~ th~ mos~ easterly corner of said trait; thence alon~ the southeasterly line of sai~ tract, so~lh 37° 3B'40" scest lO 02 feet to a 2" iron pipe monument locat~ on the mos~ ~ortherly corner of Lot 28 as said Tot is shown on the l~ap of ")lillsi~l_~ ]Estates," recorded April 8, 19BI, in Volume lOS of Subdiv;s~on I.:aps at Pa~es ~ and 5, 'R6cords of San l~ateo County; thence leavin~ the last mentioned line, north 55° 37'50" tCest 394.90 feet to the northwesterly line of s~i~ 5.277 acre tract; thence along said north~.~es~erly line, north 37° 38'40'= east lO.02 fe to the Point of B~Dinning. Containing 0.091 acres, more or less. FXHIBIT "B" PflP, C. EL 2 ('-" at the ~ost northerly corner of Lot 28 as said ~ot is sho~./~ on the 14ap of "tlil~side Estates," recorded April 8, 1981, in Volume 105 of Subdivision 14aps at Pa~es 4 and 5, Records of San Hateo Co~nty; thence fro~ said Point of Beginn~n9 north 37° 38'40" east., 10.O2 feet to a 9ranite monument designated as "L-5" on the "14ap of S:srvey Ha6e. for P.E. Iler," recorded Hatch 10, 1891, ~n Volume E of t4aps ~t Page Records.of San I.lateo County; thence south 84o 28'40" east 75.83 feet to a point on the north~esterly line of Lot 29, as sho~n on the map of "ilil~s~de Estates," thence south 400 06'18" s~est 10.55 feet to a 2 inch ~ron pipe monument, as sho~.m on said map; located at ~n' angle point of . Lot 29; thence 'south 850 06'18" s~est 30.00 feet to another 2 inc~ ~ron .p~pe mont,nent as sho~n on said map, located at an angle point of Lot thence north 77° 27'18" vtest 46.01 feet to the Point.of Contain~n9 0.020 acres, more or less. EXHIBIT "C" · PARCEL A Assessor's Parcel No. 11-292-370 being more particularly described as that real property in the City of South San Francisco, County of San Mateo, State of California; to wit' BEGINNING at the granite monument No. L5, as said monument is shown on that certain map entitled "MAP'OF A SURVEY MADE FOR P. E. ILER," which map. was filed in the office of the Recorder of the County of San Mateo, State of California in Book "E" of Maps at page 79; thence from said point of beginning, South 37o 38' 40" West 619.67 feet; thence North 44o 13' 38" West 292.04 feet; thence North 55° 37' 50" West 105.29 feet; thence North 370 38' 40" East 561.85 feet; thence South 55° 37' 50" East 394.90 feet to the point of beginning. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED REAL PROPERTY: Commencing at a point which bears South 37° 38' 40" West llO..O15 feet and North 55o 37' 50" West 50.00 feet from the Granite Monument No. "L5" as said monument is shown'on.that certain map entitled "MAP OF A SURVEY MADE FOR P. E. ILER," which map was filed for record in the office of the Recorder of the County of San Mateo, State of California in Volume E of Maps at page 79 thereof; thence from said point of beginning North 55o 37' 50" West 50 feet to a point; thence North 37o 38' 40" East 100.00 feet to a point; thence South 55° 37' 50" East 50.00 feet to a point; thence South 37o 38' 40" West 100.00 feet to the point of beginning. PARCEL B Assessor's Parcel No. 11-292-380 being more particularly described as that real property in the City of South' San Francisco, County of San Mateo, State of California; to wit' COM,~IENCING at a point which bears South 37o 38' 40" West llO.O15 feet and North 55o 37" 50" West 150.00 feet from the GRANITE MONU- · MENT NO. "L5" as said monument is shown on that certain map entitled "Map of a survey made for P. E. Iler," which map was filed for record in the Office of the Recorder of the County of San Mateo, State of California in Volume E of Maps at page 79 thereof; thence from said point of beginning North 55° 37' 50" West 50 feet to a point; thence North 37o 38' 40" East 100.00 feet to a point; thence South 55° 37' 50" East 50 feet to a point; thence South 37o 38' 40" West. lO0.O0 feet to the point of beginning. Page 1 of 4 pages EXHIBIT "C" .PARCEL C Assessor's Parcel No. 11-292-390 being more particularly described as that real property in the City of South San Francisco) County of San Mateo, State of Cal i fornia; to wi t' COMMENCING at a point which bears South 37o 38' 40" West lO.O15 feet and North 55° 37' 50" West lO0.O0 feet from the GRANITE MONU- MENT No. L5 as said monument is shown upon that certain map entitled "Map of a survey made for P. E. Iler, which map was filed for record in the Office of the Recorder of San Mateo County, State of California in Volume E of Maps at page 79; thence South 37o 38' 40" West 100.00 feet to a point thence North 55° 37' 50" West 50 feet to a point; thence North 37o 38' 40" East 100.00 feet to a point; thence South 55o 37' 50" East 50.00 feet to the point of beginning. PARCEL D Assessor's Parcel No. 11-292-400 being more particularly described as that real property in the City of South San Francisco, County of San Mateo, State of California; to wit' Z' Commencing at a point which bears South 37o 38' 40" ~lest llO.O15 feet and North 55o 37' 50" West 50.00 feet from the Granite Monument No. "L 5" as said monument is shown on that certain map entitled "MAP OF A SURVEY MADE FOR P. E. ILER", which map was filed for record in the office of the Recorder of the County of San Mateo State of California in-Volume E of Maps at~pa§e 79 thereof; ~hence from said point of beginning North 55u 37' 50" West 50 feet to a point; thence North 37o 38' 40" East lO0.O0 feet to a point; thence South 55o 37' 50" East 50.00 feet to a point; thence South 37o 38' 40" West 100.00 feet to the point of beginning. Page 2 of 4 pages EXHIBIT "C" PARCEL E Assessor's Parcel No. 11-292-410 being more particularly described as that real property in the City of South San Francisco, County of San Mateo, State of California; to wit' Beginning at a point which bears South 37° 38' 49" West lO.O15 feet from the Granite Monument No. "5" as said monument is shown on ~-hat certain'map entitled Map of a Survey Made for P.E. Iler, which map ._ was filed for record in the office of the Recorder of the County of San Mateo, State of California in Volume "E" of maps at page 79 there- oft thence from said point of beginning South 27° 38' 40" West 609.655 feet to a point which is marked by a buried Granite Monument "L" 6 as shown on the above "Iler Map"'; thence North 44o 13' 38" West 292.040 feet to an iron pipe and North 55° 37' 50" West 105.290 feet to an iron pipe; the last t~vo courses are the Northerly line of "Sunshine Gardens Sub- division No. 5" a map of which was filed for recorded November 17, 1953 'in the office of the Recorder of the County of San Mateo, State of California in .Volume 37 of maps at pages 45 and 46 thereof; thence North 37° 38' 40" East 192.83 feet to a point on the Easterly line of Sunshine Gardens Subdivision No. 7 which was filed for record December 29, 1953 in the office of the Recorder of the County of San Mateo, State of Calif- ornia in Volume 38 of maps at pages 6 and 7 thereof; thence South 55o 37' 50" East 194.90 feet to a point; th,e, nce North 37o 38' 40" East 259.00 feet to a point; thence South 55o 37' 50' East 150.00 feet' to a poi~nt; thence North 37o 38' 40" East lO0.O0 feet to a point; thence South 55v 37' 50" East 50.00 feet to the point of beginning. Page 3 of 4 pages ? /. / N . PARCEL B ' ' . . . PARCEL /,~ILt.S~ ,/' LOT SU I:~ F:~I._US CITY DESCRIPTION PLAT PROD'... , r-_R'FY - SOUTI'-I\%'[{.S'[' OF It I]_I_.sIDE/cHEsTNuT. l NTE R SECTiON Page 4 of 4 pages