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HomeMy WebLinkAboutReso 94-2019 (19-620)File Number: 19-620 City of South San Francisco City Council Resolution: RES 94-2019 P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA Enactment Number: RES 94-2019 RESOLUTION APPROVING THE PROPOSED PUBLIC ACCESS EASEMENT FOR SIDEWALK AND ROADWAY PURPOSES FOR THE GENENTECH BUS ROUTING PROJECT TO BE GRANTED TO THE CITY OF SOUTH SAN FRANCISCO AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT AGREEMENT. WHEREAS, Genentech Inc. ("Genentech") is further enhancing its Transportation Demand Management (TDM) program by bringing commuter bus service to its South Campus at the end of East Grand Avenue ("Bus Routing Project"); and WHEREAS, in order to maintain its campus design, Genentech will construct a meandering sidewalk straddling the property line between City -owned right-of-way and Genentech property; and WHEREAS, the proposed street and sidewalk easements will ensure unfettered public access to these public features at the intersection of Forbes Boulevard and DNA Way within the Genentech campus; and WHEREAS, the City of South San Francisco Planning Commission determined at its regular meeting on July 18, 2019, that the proposed easement conforms with the South San Francisco General Plan; and WHEREAS, the proposed Easement would serve the expanded intersection and permit the public to enter, exit, and travel upon the sidewalk and roundabout roadway to be constructed at DNA Way and Forbes Boulevard; and WHEREAS, the proposed Easement would facilitate the development of Genentech's Bus Routing Project, which would promote commuter accessibility, provide additional accommodation for commercial 40 -foot tractor trailer traffic as required by East of the 101 Area Plan, in accordance with the intent of the General Plan land use designation; and WHEREAS, the Easement to be accepted by the City is necessary to construct the Bus Routing Project improvements and provide for pedestrian and vehicular access in the future. THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby takes the following actions: City of South San Francisco Page 1 File Number. 19-620 Enactment Number. RES 94-2019 I. Approves the proposed public access easement for sidewalk and roadway purposes for the Genentech Bus Routing Project to be granted to the City of South San Francisco. 2. Authorizes the City Manager to execute an easement agreement in substantially the same form as that document is attached hereto as Exhibit A, subject to review and approval as to form by the City Attorney, and take any other action necessary to accomplish the intent of this resolution. Attachment: Draft Easement Agreement At a meeting of the City Council on 7/24/2019, a motion was made by Mark Addiego, seconded by Buenaflor Nicolas, that this Resolution be approved. The motion passed. Yes: 5 Mayor Matsumoto, Vice Mayor Garbarino, Councilmember Addiego, Councilmember Nagales, and Councilmember Nicolas Attest by im A 1XJAWA JAA,� Isa Govea Acosta City of South San Francisco Page 2 - 1 - RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: The City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Attention: City Clerk EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §§6103, 27383 This Space For Recorder’s Use Only EASEMENT AGREEMENT This Easement Agreement (“Agreement”) is made on __________________, by and between Genentech Inc., a Delaware corporation, (“Grantor”), and the City of South San Francisco, a municipal corporation (“City” or “Grantee”). Grantor and Grantee shall hereinafter be referred to collectively as the “Parties” and each individually as a “Party.” RECITALS A. Grantor is the owner of that certain real property situated in the City of South San Francisco, State of California, commonly known as the Genentech Campus, South San Francisco, California. B. Grantor is constructing certain developments at the Genentech Campus consisting of a temporary food pavilion, which would include the construction of a new roundabout and re- configured sidewalk at the intersection of DNA Way and Forbes Boulevard, South San Francisco (collectively, “Project”). Portions of the roundabout and sidewalk will be located within the City’s public right-of-way, but certain other portions of the roundabout and re-configured sidewalk will be located within Grantor’s property that is a part of the Genentech Campus. C. The City, has requested Grantor to reserve a Public Access Easement over the portion of the roundabout roadway and sidewalk that is within Grantor’s property and part of the Genentech Campus, as more particularly described on the attached Exhibit A (“Easement Area”). The City requests this easement for the purpose of providing the public access to the roundabout roadway and sidewalk use over the Easement Area by pedestrians and vehicles utilizing the sidewalk and roundabout, respectively, including but not limited to ingress and egress to the Genentech Campus. D. Grantor is willing to provide the Public Access easement on the terms and conditions described in this Agreement. NOW, THEREFORE, for valuable consideration, the receipt of which each of the parties hereto does hereby acknowledge, the parties hereto do hereby agree as follows: Draft Easement AgreementExhibit A - 2 - AGREEMENT 1. Grant of Easement. Subject to the provisions of this Agreement, Grantor hereby grants to City a permanent, nonexclusive, irrevocable easement (“Public Access Easement”) solely for public access and use of the roadway and sidewalk in the Easement Area as described more particularly on the attached Exhibit A, with the legal description of the Public Access Easement described more particularly on the attached Exhibit B. The Easement Area shall be free of any obstructions, except for those specific architectural and utility features shown within the Easement Area on the attached diagram, as applicable. 2. Execution and Recording of Easement Agreement. Grantor shall execute this Agreement and grant to the City the Public Access Easement prior to issuance of a final certificate of occupancy. Grantor agrees that this Agreement shall bind Grantor and Grantor’s successors in interest, heirs and assigns, and shall record this Agreement with the County Recorder’s Office of the County of San Mateo. 3. Limitation on Use. City acknowledges that the easement granted herein is nonexclusive. Grantor, its successors, assigns, grantees, tenants, and licensees shall have the right to use the Easement Area in a manner that will not interfere with the use of the Easement Area for public access and use of the roadway and sidewalk purposes. Grantor and Grantee, and their respective successors, assigns, grantees, and licensees shall refrain from any obstruction of, blockage, or construction in the Easement Area that would interfere with motor vehicle, pedestrian access, and any other reasonable use of the Public Access Easement. 4. Maintenance. Grantor shall maintain the Easement Area in a good and safe condition sufficient for public access, roadway and sidewalk purposes at all times. 5. Transfer of Property. The Public Access Easement created by this Agreement shall run with the land and any portion thereof, and its terms shall extend to, bind and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. Upon the transfer of the Property to a successor party, the successor party shall constitute the “Grantor” hereunder and all predecessors in interest to such successor party shall be fully relieved of all obligations and liability hereunder arising on or after the effective date of such transfer. 6. Indemnification. (a) Grantee shall indemnify, defend and hold harmless Grantor, its officers, agents, employees and representatives from and against any and all claims, losses, liabilities or damages, demands and actions, including payment of reasonable attorney’s fees, arising out of or resulting from the performance of Grantee’s obligations pursuant to this Agreement, that are caused by any negligent or willful act or omission of Grantee, its officers, agents, employees, or anyone directly or indirectly acting on behalf of the City. (b) Grantor shall indemnify, defend and hold harmless Grantee, its officers, agents, employees and representatives from and against any and all claims, losses, liabilities or damages, demands and actions, including payment of reasonable attorney’s fees, arising out of or resulting from the performance of Grantor’s obligations pursuant to this Agreement or failure to perform, - 3 - that are caused by any negligent or willful act or omission of Grantor, its officers, agents, employees, or anyone directly or indirectly acting on behalf of Grantor. 7. Enforcement. City shall have all rights and remedies at law and in equity in order to enforce the Public Access Easement and the terms of this Agreement. All rights and remedies available to City under this Agreement or at law or in equity shall be cumulative and not alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other available right or remedy. 8. Litigation Expenses. (a) General. If either party hereto brings an action or proceeding (including any cross-complaint, counterclaim, or third-party claim) against the other party by reason of a default, or otherwise arising out of this Agreement, the prevailing party in such action or proceeding shall be entitled to its costs and expenses of suit, including but not limited to reasonable attorneys’ fees, which shall be payable whether or not such action is prosecuted to judgment. “Prevailing Party” within the meaning of this Section 8 shall include without limitation, a party who dismisses an action for recovery hereunder in exchange for payment of the sums allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action. (b) Appeal. Attorneys’ fees under this Section 8 shall include attorneys’ fees on any appeal, and, in addition, a party entitled to attorneys’ fees shall be entitled to all other reasonable costs and expenses incurred in connection with such action. (c) Mediation. Before bringing any litigation under this Agreement, the plaintiff shall be obligated to meet and confer with the other party and mediate the dispute. Such obligation shall not exceed one mediation session. 9. Amendment. This Agreement may be amended or otherwise modified only in writing signed and acknowledged by Grantor and City, or the respective successors and assigns of each. 10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 11. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be entitled to be the original and all of which shall constitute one and the same agreement. 12. References; Titles. Wherever in this Agreement the context requires, reference to the singular shall be deemed to include the plural. Titles of sections and paragraphs are for convenience only and neither limit nor amplify the provisions of this Agreement. 13. Notice. Any notice given under this Agreement shall be in writing and given by delivering the notice in person, by commercial overnight courier that guarantees next day delivery and provides a receipt, or by sending it by registered or certified mail, or Express Mail, return receipt requested, with postage prepaid, to the mailing address listed below or any other address notice of which is given. - 4 - Grantor: Genentech, Inc. 1 DNA Way South San Francisco, California 94080-4990 Attention: Director of Real Estate With a copy to: Genentech, Inc. 1 DNA Way South San Francisco, California 94080-4990 Attention: Corporate Secretary Fax: (650) 467-9146 City: City of South San Francisco Public Works Department, Engineering Division Attn: Matthew Ruble 315 Maple Ave South San Francisco, CA 94080 (650) 829-6652 Any mailing address number may be changed at any time by giving written notice of such change in the manner provided above at least ten (10) days prior to the effective date of the change. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal receipt actually occurs or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. 14. Severability. If any provision of this Agreement shall to any extent be invalid or unenforceable, the remainder of this Agreement (or the application of such provisions to persons or circumstances other than those in respect of which it is invalid or unenforceable) shall not be affected thereby, and each provision of this Agreement, unless specifically conditioned upon such invalid or unenforceable provision, shall be valid and enforceable to the fullest extent permitted by law. 15. Entire Agreement. This Agreement, together with any attachments hereto or inclusions by reference, constitute the entire agreement between the parties on the subject matter hereof, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties hereto with respect to the easement which is the subject matter of this Agreement. This Agreement has been drafted by a mutual effort of the parties, and each party waives the benefit of any statute, law or judicial decision providing that ambiguities in an agreement shall be interpreted against the “drafting party.” 16. Default. The failure to perform any covenant or obligation of a party hereunder and to cure such non-performance within thirty (30) days of written notice by the party to whom performance is owed shall constitute a default hereunder, provided that if more than thirty (30) days are reasonably required for such cure, no event of default shall occur if the defaulting party commences such cure within such period and diligently prosecutes such cure to completion. Upon such default, the non-defaulting party shall be entitled to all remedies and means to cure or correct - 5 - such default, both legal and equitable, allowed by operation of law except termination of the easement herein granted. 17. No Dedication. The Public Access Easement shall not be, or deemed or construed to be, a dedication to the public, and is subject to any pre-existing easements of record. 18. Survival. All waivers given or made hereunder shall survive termination of this Agreement. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. [signatures on the following page] - 6 - CITY: GRANTOR: CITY OF SOUTH SAN FRANCISCO, a municipal corporation By:______________________________ Name: __________________________ Title: ____________________________ GENENTECH, INC. a Delaware corporation By:_________________________________ Name: Robert Cook Title: Director, Real Estate Assets APPROVED AS TO FORM: ________________________ City Attorney ATTEST: ________________________ City Clerk - 7 - ACKNOWLEDGMENTS 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 ) ) COUNTY OF ) On _____________________, 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) are/is 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 (Seal) - 8 - 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 ) ) COUNTY OF ) On _____________________, 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) are/is 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 (Seal) -9- CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by this Easement Agreement (Public AccessEasement) dated __________________, 2019 from the Grantor to the City of South San Francisco, is hereby accepted by order of its City Council’s Resolution No. __________, adopted on ____________, and the City of South San Francisco consents to recordation thereof by its duly authorized officer. Dated:___________________ CITY OF SOUTH SAN FRANCISCO By:__________________________________ Name: _______________________________ Title: City Manager -10- EXHIBIT A Easement Area Job No.SubjectOF255 SHORELINE DR.,SUITE 200REDWOOD CITY, CA 94065(650) 482-6300www.bkf.comBy Chkd. DateLANDS OFGENENTECH INC(LOT 31)(22 PM 21)FORBES BOULEVARDLANDS OFGENENTECH INC(PARCEL 1)(66 PM 79-81)LANDS OFCITY OF SOUTHSAN FRANCISCO(PARCEL 38)(38 PM 47)LANDS OFGENENTECH INC(PARCEL 2)(66 PM 79-81)AREA 4AREA 1AREA 2AREA 5AREA 3DNA WAY EXHIBIT B -11- EXHIBIT B Legal Description of Easement Area 255 Shoreline Drive Suite 200 Redwood City California 94065 phone 650.482.6300 fax 650.482.6399 www.bkf.com May 15, 2019 Project No. 20180090 Page 1 of 2 EXHIBIT “A” STREET EASEMENT LEGAL DESCRIPTION All that certain real property situate in the City of South San Francisco, County of San Mateo, State of California, being a portion of Parcel 1 as shown on that certain Parcel Map, recorded July 30, 1993 in Book 66 of Parcel Maps at pages 79-81, of Official Records of said county, and being more particularly described as follows: BEGINNING at the northwesterly common corner of said Parcel 1 and Parcel 2, as shown on said Parcel Map, said point being on the easterly right of way line of Forbes Boulevard, and the TRUE POINT OF BEGINNING of this description, said point also being the beginning of a curve to the left, whose radius point bears South 54°54'14" West; Thence leaving said common corner and along said right of way line, northwesterly along said curve having a radius of 1,840.00 feet, through a central angle of 01°19'33", with a distance of 42.58 feet to the beginning of a non-tangent curve concave southwesterly, whose radius point bears South 15°27'59" West; Thence leaving said right of way line, southeasterly along said curve having a radius of 59.50 feet, through a central angle of 50°50'26", with a distance of 52.80 feet to the beginning of a non-tangent curve concave southerly, whose radius point bears South 00°17'31" East, said point being on the common line of said Parcel 1 and said Parcel 2; Thence along said common line, westerly along said curve having a radius of 91.00 feet, through a central angle of 08°41'10", with a distance of 13.80 feet to the TRUE POINT OF BEGINNING. Containing 443 square feet, more or less. A plat showing the above described parcel is attached hereto and made a part hereof. This legal description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors' Act. _________________________ 5/15/2019 David C. Jungmann LLS 9267 Date END OF DESCRIPTION Preliminary 05/15/2019 7:04:07 PM P R E L IM I N A R Y TPOBLANDS OFGENENTECH INC(PARCEL 1)(66 PM 79-81)LANDS OFCITY OF SOUTHSAN FRANCISCO(PARCEL 38)(38 PM 47)LANDS OFGENENTECH INC(PARCEL 2)(66 PM 79-81)FORBES BOULEVARDLEGENDEASEMENT AREA$5($ 64)7“SQ.FT.SQUARE FEETTPOBTRUE POINT OF BEGINNING CLOSURES_AREA_1.txt Street Easement Portion of Parcel 1 End North: 2067377.2428' East: 6018179.4448' Segment #1 : Curve Length: 42.58' Radius: 1840.00' Delta: 001°19'33" Tangent: 21.29' Chord: 42.58' Course: N35° 45' 33"W Course In: S54° 54' 14"W Course Out: N53° 34' 41"E RP North: 2066319.3353' East: 6016673.9776' End North: 2067411.7932' East: 6018154.5638' Segment #2 : Curve Length: 52.80' Radius: 59.50' Delta: 050°50'26" Tangent: 28.28' Chord: 51.08' Course: S49° 06' 48"E Course In: S15° 27' 59"W Course Out: N66° 18' 25"E RP North: 2067354.4479' East: 6018138.6968' End North: 2067378.3572' East: 6018193.1816' Segment #3 : Curve Length: 13.80' Radius: 91.00' Delta: 008°41'10" Tangent: 6.91' Chord: 13.78' Course: S85° 21' 54"W Course In: S00° 17' 31"E Course Out: N08° 58' 41"W RP North: 2067287.3583' East: 6018193.6453' End North: 2067377.2434' East: 6018179.4442' Perimeter: 109.17' Area: 443.42 Sq. Ft. Error Closure: 0.0009 Course: N45° 55' 49"W Error North: 0.00064 East: -0.00066 Precision 1: 121311.11 Page 1 Closures for technical review only Not Intended for Recordation 255 Shoreline Drive Suite 200 Redwood City California 94065 phone 650.482.6300 fax 650.482.6399 www.bkf.com May 15, 2019 Project No. 20180090 Page 1 of 2 EXHIBIT “B” STREET EASEMENT LEGAL DESCRIPTION All that certain real property situate in the City of South San Francisco, County of San Mateo, State of California, being a portion of Parcel 2 as shown on that certain Parcel Map, recorded July 30, 1993 in Book 66 of Parcel Maps at pages 79-81, of Official Records of said county, and being more particularly described as follows: BEGINNING at the northwesterly common corner of said Parcel 2 and Parcel 1, as shown on said Parcel Map, said point being on the easterly right of way line of Forbes Boulevard, and the TRUE POINT OF BEGINNING of this description, said point also being the beginning of a curve to the right, whose radius point bears South 08°58'41" East; Thence leaving said common corner along the common line of said Parcel 1 and said Parcel 2, easterly along said curve having a radius of 91.00 feet, through a central angle of 08°41'10", with a distance of 13.80 feet to the beginning of a non-tangent curve concave westerly, whose radius point bears South 66°18'25" West; Thence leaving said common line, southerly along said curve having a radius of 59.50 feet, through a central angle of 27°43'46", with a distance of 28.80 feet to the beginning of a non-tangent curve concave southwesterly, whose radius point bears South 55°55'28" West, said point being on said right of way line; Thence along said right of way line, northwesterly along said curve having a radius of 1,840.00 feet, through a central angle of 01°01'14", with a distance of 32.78 feet to the TRUE POINT OF BEGINNING. Containing 230 square feet, more or less. A plat showing the above described parcel is attached hereto and made a part hereof. This legal description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors' Act. _________________________ 5/15/2019 David C. Jungmann, PLS 9267 Date END OF DESCRIPTION Preliminary 05/15/2019 7:15:03 PM P R E L IM I N A R Y TPOBLANDS OFGENENTECH INC(PARCEL 1)(66 PM 79-81)LANDS OFCITY OF SOUTHSAN FRANCISCO(PARCEL 38)(38 PM 47)LANDS OFGENENTECH INC(PARCEL 2)(66 PM 79-81)FORBES BOULEVARDLEGENDEASEMENT AREA$5($ 64)7“SQ.FT.SQUARE FEETTPOBTRUE POINT OF BEGINNING CLOSURES_AREA_2.txt Street Easement Portion of Parcel 2 End North: 2067377.2428' East: 6018179.4448' Segment #1 : Curve Length: 13.80' Radius: 91.00' Delta: 008°41'10" Tangent: 6.91' Chord: 13.78' Course: N85° 21' 54"E Course In: S08° 58' 41"E Course Out: N00° 17' 31"W RP North: 2067287.3577' East: 6018193.6460' End North: 2067378.3565' East: 6018193.1823' Segment #2 : Curve Length: 28.80' Radius: 59.50' Delta: 027°43'46" Tangent: 14.69' Chord: 28.52' Course: S09° 49' 42"E Course In: S66° 18' 25"W Course Out: S85° 57' 50"E RP North: 2067354.4472' East: 6018138.6975' End North: 2067350.2593' East: 6018198.0499' Segment #3 : Curve Length: 32.78' Radius: 1840.00' Delta: 001°01'14" Tangent: 16.39' Chord: 32.78' Course: N34° 35' 09"W Course In: S55° 55' 28"W Course Out: N54° 54' 14"E RP North: 2066319.3337' East: 6016673.9789' End North: 2067377.2412' East: 6018179.4462' Perimeter: 75.37' Area: 229.56 Sq. Ft. Error Closure: 0.0021 Course: S39° 55' 09"E Error North: -0.00161 East: 0.00135 Precision 1: 35895.24 Page 1 Closures for technical review only Not Intended for Recordation 255 Shoreline Drive Suite 200 Redwood City California 94065 phone 650.482.6300 fax 650.482.6399 www.bkf.com May 15, 2019 Project No. 20180090 Page 1 of 3 EXHIBIT “C” STREET EASEMENT LEGAL DESCRIPTION All that certain real property situate in the City of South San Francisco, County of San Mateo, State of California, being a portion of Lot 31 as shown on that certain Parcel Map, recorded September 24, 1973 in Book 22 of Parcel Maps at page 21, of Official Records of said County, and being more particularly described as follows: Area 1: BEGINNING at the southeasterly terminus of that certain curve as shown on said map, having a radius of 1760.00 feet, through a central angle of 11°27'18’ with a distance of 351.87 feet, said point being on the southerly right of way line of Forbes Boulevard, said point also being the beginning of a curve to the right, whose radius point bears South 52°53'47" West; Thence continuing along said right of way line, southeasterly along said curve having a radius of 30.00 feet, through a central angle of 14°11'01", a distance of 7.43 feet to the TRUE POINT OF BEGINNING of this description; Thence continuing along said right of way line southerly along said curve through a central angle of 54°39'06", a distance of 28.62 feet to the beginning of a non-tangent curve concave westerly, whose radius point bears North 73°02'27" West; Thence leaving said right of way line, northerly along said curve having a radius of 12.82 feet, through a central angle of 21°03'14", for a distance of 4.71 feet to the beginning of a non-tangent curve concave easterly, whose radius point bears North 87°10'51" East; Thence northerly along said curve having a radius of 56.88 feet, through a central angle of 11°49'42", with a distance of 11.74 feet to the beginning of a non-tangent curve concave westerly, whose radius point bears North 81°07'20" West; Thence northerly along said curve having a radius of 81.00 feet, through a central angle of 7°53'24", with a distance of 11.15 feet to the TRUE POINT OF BEGINNING. Containing 62 square feet, more or less. Area 2: BEGINNING at the northeasterly terminus of that certain line, as shown on said map, labeled N53°40’05”E, said point being on the northerly right of way line of DNA Way, and the TRUE POINT OF BEGINNING of this description; 255 Shoreline Drive Suite 200 Redwood City California 94065 phone 650.482.6300 fax 650.482.6399 www.bkf.com May 15, 2019 Project No. 20180090 Page 2 of 3 Thence along said right of way line, South 54°53'02" West, 8.69 feet to the beginning of a non-tangent curve concave northwesterly, whose radius point bears North 43°26'26" West; Thence leaving said right of way line, northeasterly along said curve having a radius of 12.75 feet, through a central angle of 8°15'57", for a distance of 1.84 feet to the beginning of a non-tangent curve concave southeasterly, whose radius point bears South 51°42'23" East; Thence northeasterly along said curve having a radius of 11.68 feet, through a central angle of 33°09'41", for a distance of 6.76 feet to the beginning of a non-tangent curve concave northerly, whose radius point bears North 16°15'25" West; Thence northeasterly along said curve having a radius of 12.82 feet, through a central angle of 6°12'36", for a distance of 1.39 feet to the beginning of a non-tangent curve concave northwesterly, whose radius point bears North 37°14'22" West, said point being on the northerly right of way line of DNA Way; Thence continuing along said right of way line, southwesterly along said curve having a radius of 30.00 feet, through a central angle of 2°07'24", for a distance of 1.11 feet to the TRUE POINT OF BEGINNING. Containing 5 square feet, more or less. A plat showing the above described parcel is attached hereto and made a part hereof. This legal description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors' Act. _________________________ 5/15/2019 David C. Jungmann, PLS 9267 Date END OF DESCRIPTION Preliminary 05/15/2019 7:22:14 PM P R E L IM I N A R YPOBAREA 1TPOB,AREA 1LANDS OFGENENTECH INC(LOT 31)(22 PM 21)FORBES BOULEVARDLEGEND($6(0(17$5($ 64)7“($6(0(17$5($ 64)7“SQ.FT.SQUARE FEETPOBPOINT OF BEGINNINGTPOBTRUE POINT OF BEGINNING( )RECORD DATA PER 22 PM 21(R)RADIAL BEARINGDNA WAY (FORMERLY POIN T SAN BRUNO BOULEVARD)AREA 162 SQ. FT. “AREA 25 SQ. FT. “TPOBAREA 2 CLOSURES_AREA_3.txt STREET EASEMENT Area 1: End North: 2067214.2132' East: 6017358.4419' Segment #1 : Curve Length: 28.62' Radius: 30.00' Delta: 054°39'06" Tangent: 15.50' Chord: 27.54' Course: S04° 24' 21"W Course In: S67° 04' 48"W Course Out: S58° 16' 06"E RP North: 2067202.5298' East: 6017330.8104' End North: 2067186.7516' East: 6017356.3260' Segment #2 : Curve Length: 4.71' Radius: 12.82' Delta: 021°03'14" Tangent: 2.38' Chord: 4.68' Course: N06° 25' 56"E Course In: N73° 02' 27"W Course Out: N85° 54' 19"E RP North: 2067190.4910' East: 6017344.0635' End North: 2067191.4064' East: 6017356.8508' Segment #3 : Curve Length: 11.74' Radius: 56.88' Delta: 011°49'42" Tangent: 5.89' Chord: 11.72' Course: N03° 05' 42"E Course In: N87° 10' 51"E Course Out: N80° 59' 27"W RP North: 2067194.2040' East: 6017413.6619' End North: 2067203.1110' East: 6017357.4836' Segment #4 : Curve Length: 11.15' Radius: 81.00' Delta: 007°53'24" Tangent: 5.59' Chord: 11.15' Course: N04° 55' 58"E Course In: N81° 07' 20"W Course Out: S89° 00' 43"E RP North: 2067215.6115' East: 6017277.4540' End North: 2067214.2147' East: 6017358.4420' Perimeter: 56.22' Area: 62.27 Sq. Ft. Error Closure: 0.0016 Course: N04° 57' 03"E Error North: 0.00157 East: 0.00014 Precision 1: 35137.50 Area 2: North: 2067176.1804' East: 6019938.0329' Segment #1 : Line Course: S54° 53' 02"W Length: 8.69' Page 1 Closures for technical review only Not Intended for Recordation CLOSURES_AREA_3.txt North: 2067171.1816' East: 6019930.9246' Segment #2 : Curve Length: 1.84' Radius: 12.75' Delta: 008°15'57" Tangent: 0.92' Chord: 1.84' Course: N42° 25' 36"E Course In: N43° 26' 26"W Course Out: S51° 42' 23"E RP North: 2067180.4392' East: 6019922.1577' End North: 2067172.5381' East: 6019932.1645' Segment #3 : Curve Length: 6.76' Radius: 11.68' Delta: 033°09'41" Tangent: 3.48' Chord: 6.67' Course: N54° 52' 28"E Course In: S51° 42' 23"E Course Out: N18° 32' 41"W RP North: 2067165.3001' East: 6019941.3315' End North: 2067176.3737' East: 6019937.6167' Segment #4 : Curve Length: 1.39' Radius: 12.82' Delta: 006°12'36" Tangent: 0.70' Chord: 1.39' Course: N70° 38' 17"E Course In: N16° 15' 25"W Course Out: S22° 28' 01"E RP North: 2067188.6811' East: 6019934.0278' End North: 2067176.8341' East: 6019938.9270' Segment #5 : Curve Length: 1.11' Radius: 30.00' Delta: 002°07'24" Tangent: 0.56' Chord: 1.11' Course: S53° 49' 20"W Course In: N37° 14' 22"W Course Out: S35° 06' 58"E RP North: 2067200.7175' East: 6019920.7725' End North: 2067176.1779' East: 6019938.0296' Perimeter: 19.79' Area: 5.38 Sq. Ft. Error Closure: 0.0042 Course: S52° 56' 45"W Error North: -0.00251 East: -0.00332 Precision 1: 4711.90 Page 2 Closures for technical review only Not Intended for Recordation 255 Shoreline Drive Suite 200 Redwood City California 94065 phone 650.482.6300 fax 650.482.6399 www.bkf.com May 15, 2019 Project No. 20180090 Page 1 of 3 EXHIBIT “D” STREET EASEMENT LEGAL DESCRIPTION All that certain real property situate in the City of South San Francisco, County of San Mateo, State of California, being a portion of Lot 31 as shown on that certain Parcel Map, recorded September 24, 1973 in Book 22 of Parcel Maps at page 21, of Official Records of said County, and being more particularly described as follows: BEGINNING at the westerly terminus of that certain curve as shown on said map, having a radius of 30.00 feet, through a central angle of 91°59'15’ with a distance of 48.16 feet, said point being on the northwesterly right of way line of DNA Way; Thence continuing along said right of way line, South 54°53'02" West, 12.38 feet to the TRUE POINT OF BEGINNING of this description; Thence continuing along said right of way line, South 54°53'02" West, 17.87 feet to the beginning of a non-tangent curve concave southerly, whose radius point bears South 17°57'06" East; Thence leaving said right of way line, southwesterly along said curve having a radius of 145.07 feet, through a central angle of 3°51'18", for a distance of 9.76 feet; Thence North 28°00'47" West, 5.86 feet to the beginning of a non-tangent curve concave southerly, whose radius point bears South 23°33'53" East; Thence northeasterly along said curve having a radius of 117.78 feet, through a central angle of 9°05'02", with a distance of 18.67 feet; Thence North 77°00'32" East, 7.71 feet to the beginning of a non-tangent curve concave northwesterly, whose radius point bears North 19°55'46" West; Thence northeasterly along said curve having a radius of 12.75 feet, through a central angle of 6°51'44", with a distance of 1.53 feet to the TRUE POINT OF BEGINNING. Containing 113 square feet, more or less. A plat showing the above described parcel is attached hereto and made a part hereof. 255 Shoreline Drive Suite 200 Redwood City California 94065 phone 650.482.6300 fax 650.482.6399 www.bkf.com May 15, 2019 Project No. 20180090 Page 2 of 3 This legal description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors' Act. _________________________ 5/15/2019 David C. Jungmann LLS 9267 Date END OF DESCRIPTION Preliminary 05/15/2019 7:05:55 PM Job No. By Chkd.Date Subject OFPRELIMINARY TPOB LANDS OF GENENTECH INC (LOT 31) (22 PM 21) FORBES BOULEVARD LEGEND EASEMENT AREA $5($ 64)7“ SQ.FT.SQUARE FEET TPOB TRUE POINT OF BEGINNING ( )RECORD DATA PER 22 PM 21 (R)RADIAL BEARING DNA WAY(FORMERLY POINTSAN BRUNOBOULEVARD)POB CLOSURES_AREA_4.txt North: 2067171.1504' East: 6022959.7118' Segment #1 : Line Course: S54° 53' 02"W Length: 17.87' North: 2067160.8709' East: 6022945.0943' Segment #2 : Curve Length: 9.76' Radius: 145.07' Delta: 003°51'18" Tangent: 4.88' Chord: 9.76' Course: S70° 07' 15"W Course In: S17° 57' 06"E Course Out: N21° 48' 24"W RP North: 2067022.8634' East: 6022989.8070' End North: 2067157.5526' East: 6022935.9170' Segment #3 : Line Course: N28° 00' 47"W Length: 5.86' North: 2067162.7260' East: 6022933.1647' Segment #4 : Curve Length: 18.67' Radius: 117.78' Delta: 009°05'02" Tangent: 9.36' Chord: 18.65' Course: N70° 58' 38"E Course In: S23° 33' 53"E Course Out: N14° 28' 51"W RP North: 2067054.7678' East: 6022980.2514' End North: 2067168.8061' East: 6022950.7998' Segment #5 : Line Course: N77° 00' 32"E Length: 7.71' North: 2067170.5393' East: 6022958.3124' Segment #6 : Curve Length: 1.53' Radius: 12.75' Delta: 006°51'44" Tangent: 0.76' Chord: 1.53' Course: N66° 38' 22"E Course In: N19° 55' 46"W Course Out: S26° 47' 30"E RP North: 2067182.5257' East: 6022953.9664' End North: 2067171.1444' East: 6022959.7135' Perimeter: 61.40' Area: 112.68 Sq. Ft. Error Closure: 0.0062 Course: S15° 51' 01"E Error North: -0.00596 East: 0.00169 Precision 1: 9903.23 Page 1 Closures for technical review only Not Intended for Recordation 255 Shoreline Drive Suite 200 Redwood City California 94065 phone 650.482.6300 fax 650.482.6399 www.bkf.com May 16, 2019 Project No. 20180090 Page 1 of 3 EXHIBIT “A” STREET EASEMENT LEGAL DESCRIPTION All that certain real property situate in the City of South San Francisco, County of San Mateo, State of California, being a portion of Parcel 1 as shown on that certain Parcel Map, recorded July 30, 1993 in Book 66 of Parcel Maps at pages 79-81, of Official Records of said county, and being more particularly described as follows: BEGINNING at the northwesterly common corner of said Parcel 1 and Parcel 2, as shown on said Parcel Map, said point being on the easterly right of way line of Forbes Boulevard, said point also being the beginning of a curve to the left, whose radius point bears South 54°54'14" West; Thence leaving said common corner and along said right of way line, northwesterly along said curve having a radius of 1,840.00 feet, through a central angle of 05°59'44", with a distance of 192.54 feet to the TRUE POINT OF BEGINNING of this description; Thence continuing along said right of way line, along said curve, through a central angle of 04°58'52", with a distance of 159.96 feet to the beginning of a non-tangent curve concave northwesterly, whose radius point bears North 21°21'05" West; Thence leaving said right of way line, northeasterly along said curve having a radius of 8.62 feet, through a central angle of 24°23'51", with a distance of 3.67 feet; Thence North 45°17'32" East, 3.21 feet; Thence South 45°01'07" East, 49.24 feet; Thence South 42°41'04" East, 84.66 feet to the beginning of a non-tangent curve concave southwesterly, whose radius point bears South 47°18'02" West; Thence southeasterly along said curve having a radius of 54.92 feet, through a central angle of 27°44'33", with a distance of 26.59 feet to the TRUE POINT OF BEGINNING. Containing 917 square feet, more or less. A plat showing the above described parcel is attached hereto and made a part hereof. 255 Shoreline Drive Suite 200 Redwood City California 94065 phone 650.482.6300 fax 650.482.6399 www.bkf.com May 16, 2019 Project No. 20180090 Page 2 of 3 This legal description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors' Act. _______________________________ 5/16/2019 David C. Jungmann, PLS 9267 Date END OF DESCRIPTION Preliminary 05/16/2019 12:24:16 PM P R E L IM I N A R Y TPOBLANDS OFGENENTECH INC(PARCEL 1)(66 PM 79-81)LANDS OFCITY OF SOUTHSAN FRANCISCO(PARCEL 38)(38 PM 47)LANDS OFGENENTECH INC(PARCEL 2)(66 PM 79-81)FORBES BOULEVARDLEGENDEASEMENT AREA$5($ 64)7“SQ.FT.SQUARE FEETTPOBTRUE POINT OF BEGINNING(R)RADIAL BEARINGP R E L IM I N A R Y POB CLOSURES_AREA_7.txt End North: 2067368.5428' East: 6018359.5584' Segment #1 : Curve Length: 159.96' Radius: 1840.00' Delta: 004°58'52" Tangent: 80.03' Chord: 159.91' Course: N43° 34' 56"W Course In: S48° 54' 30"W Course Out: N43° 55' 38"E RP North: 2066159.1740' East: 6016972.8259' End North: 2067484.3817' East: 6018249.3150' Segment #2 : Curve Length: 3.67' Radius: 8.62' Delta: 024°23'51" Tangent: 1.86' Chord: 3.64' Course: N56° 27' 00"E Course In: N21° 21' 05"W Course Out: S45° 44' 55"E RP North: 2067492.4101' East: 6018246.1766' End North: 2067486.3950' East: 6018252.3510' Segment #3 : Line Course: N45° 17' 32"E Length: 3.21' North: 2067488.6532' East: 6018254.6323' Segment #4 : Line Course: S45° 01' 07"E Length: 49.24' North: 2067453.8466' East: 6018289.4616' Segment #5 : Line Course: S42° 41' 04"E Length: 84.66' North: 2067391.6131' East: 6018346.8577' Segment #6 : Curve Length: 26.59' Radius: 54.92' Delta: 027°44'33" Tangent: 13.56' Chord: 26.33' Course: S28° 49' 41"E Course In: S47° 18' 02"W Course Out: N75° 02' 36"E RP North: 2067354.3690' East: 6018306.4958' End North: 2067368.5432' East: 6018359.5552' Perimeter: 327.34' Area: 917.44 Sq. Ft. Error Closure: 0.0033 Course: N82° 50' 11"W Error North: 0.00041 East: -0.00325 Precision 1: 99190.91 Page 1 Closures for technical review only Not Intended for Recordation