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HomeMy WebLinkAboutRPD Reso 01-2018City of South San Francisco • Recreation & Park District Resolution: RES 01 -2018 File Number: 18 -281 P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA Enactment Number: RES 01 -2018 RESOLUTION APPROVING THE TRANSFER OF CERTAIN SOUTH SAN FRANCISCO RECREATION AND PARK DISTRICT PROPERTY FROM THE SOUTH SAN FRANCISCO RECREATION AND PARK DISTRICT TO THE CITY OF SOUTH SAN FRANCISCO WHEREAS, in 1950, the electors of the City voted in favor of establishing the City's Park Recreation and Parkway District, with its purpose being for "the acquisition, improvement, maintenance and operation of parks, recreation grounds and parkways "; and, WHEREAS, subsequently, the City Council reorganized the City's existing park district under the revised sections of the California Public Resources Code and renamed the district as the "South San Francisco Recreation and Park District "; and, WHEREAS, thereafter, the South San Francisco Recreation and Park District ( "District "), purchased tidelots and slope easements from the Bethlehem Steel Company at Oyster Point; and, WHEREAS, in 1985 the District approved the initial subdivision of the Oyster Point Marina over "those portions of the Oyster Point Marina Specific Plan area not owned by the City "; and, WHEREAS, the City Council for the City of South San Francisco has served and continues to serve as the District's Board of Directors; and, WHEREAS, state law provides the District with certain powers to acquire, improve, maintain, operate, dispose of, convey and encumber parks and recreation properties for the benefit of the district; and, WHEREAS, the City has acted on behalf of the District in these authorized transactions; and, WHEREAS, the City entered into that certain Disposition and Development Agreement dated March 23, 2011 (the "DDA "), pursuant to which the former Redevelopment Agency, City and Oyster Point Development each has certain responsibilities and obligations with respect to the development of certain land located in the City of South San Francisco, County of San Mateo, State of California; and WHEREAS, in 2011 the City Council authorized the sale of property to the Successor Agency via resolution, the title of which has been transferred to Oyster Point Development. WHEREAS, consistent with the terms of the DDA, the District seeks to ratify those City Council actions pertaining to the transfer of property. City of South San Francisco Page 1 Printed on 3129118 File Number: 18 -281 Enactment Number. RES 01 -2018 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the South San Francisco Recreation and Park District that the South San Francisco Recreation and Park District hereby resolves as follows: 1. The conveyance of County of San Mateo assessor's parcel number 015- 010 -810 in the Oyster Point area in South San Francisco ( "Property ") by the South San Francisco Recreation and Park District to the City of South San Francisco, as described in the Grant Deed attached hereto as Exhibit A, is hereby approved. 2. Authorizes the Executive Director and his or her designees to execute the Grant Deed and all documents and take all actions necessary to implement this Resolution, including without limitation the execution of quitclaim deeds, certificates of acceptance, and all other necessary instruments, as applicable, subject to approval as to form by District Counsel. 3. Authorizes the Executive Director to make revisions any necessary instruments, subject to the approval of District Counsel, which do not materially or substantially increase the District's obligations thereunder. 4. Authorizes the Executive Director to execute and record such other instruments and to take such other actions as necessary to carry out the intent of this Resolution. At a meeting of the Joint Special Meeting of the City Council and the South San Francisco Recreation and Park District on 3/28/2018, a motion was made by Pradeep Gupta, seconded by Mark Addiego, that this Resolution be approved. The motion passed. Yes: 4 Chair Normandy, Member Garbarino, Member Addiego, and Member Gupta No: 1 Vice Chair Matsumoto Attest by Date (3 o?�' ista Marti el i City of South San Francisco Page 2 Printed on 3129118 WHEN RECORDED MAIL THIS DEED AND TAX BILLS TO: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 APN: 015- 010 -810 GRANT DEED The undersigned grantor declares: Documentary Transfer Tax: $0 Exempt from Documentary Transfer Tax as a Conveyance between Public Agencies. FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the South San Francisco Recreation and Parks District, a public agency ( "Grantor ") hereby grants to the City of South San Francisco, a municipal corporation, a public body corporate and politic ( "Grantee "), the real property located in the City of South San Francisco, County of San Mateo, State of California, described on Exhibit A attached hereto and made a part hereof. PROVIDED HOWEVER, that this Deed and the warranty of title contained herein is made expressly subject to real property taxes not yet due and payable. Grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through it, that there shall be no discrimination against or segregation of a person or of a group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property herein conveyed nor shall the grantee or any person claiming under or through the grantee establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the property herein conveyed. The foregoing covenant shall run with the land. [Signature Page Follows] 1a- 1361440 Executed as of , 2018. GRANTOR SOUTH SAN FRANCISCO RECREATION AND PARKS DISTRICT, a public agency By: Name: Executive Director ATTEST: By: District Secretary APPROVED AS TO FORM: By: District Counsel 1a- 136]440 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California SS. County of On , 2017, before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 1a- 1361440 (Seal) (This area for official notarial seal) Exhibit A to Deed Legal Property Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SOUTH SAN FRANCISCO, IN THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: 2867343.1 ]a- 1361440