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HomeMy WebLinkAboutReso 20-2022 (21-543)City of South San Francisco - P.O. Box 711 (City Hall, ` 400 Grand Avenue) South San Francisco, CA City Council Resolution: RES 20-2022 File Number: 21-543 Enactment Number: RES 20-2022 RESOLUTION ACCEPTING QUITCLAIMS OF A SMALL PIECE OF REAL PROPERTY FOR THE COMMUNITY CIVIC CAMPUS PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE CERTIFICATES OF ACCEPTANCE. WHEREAS, the Community Civic Campus project consists of three phases of construction of new public facilities, including a new police station (Phase I); a building that includes a new library, parks and recreation offices and facilities, and a City Council Chamber and community theater (Phase II); and a new fire station (Phase III) (together, the "Project"). Phases I and II of the Project are both located in the vicinity of Antoinette Lane and Chestnut Avenue and are currently under construction; and, WHEREAS, in the course of finalizing documents for the construction of Phase II of the Project, the City identified several small pieces of property along Antoinette Lane with unknown owners. One of the properties is a small triangle with no Assessor's Parcel Number and no owner listed with the San Mateo County Tax Assessor. A description of the property is included in Exhibit A (the "Property"); and, WHEREAS, a title report commissioned by the City identified the owners as a group of companies identified in Exhibit A and collectively referred to in this resolution as BHP Minerals ("BHP"). BHP has agreed to quitclaim all interest in the Property to the City for the purpose of constructing Phase II of the Project and has executed quitclaims on behalf of two of its corporate entities -BHP Minerals International Exploration Inc. and BHP Minerals International LLC -to effectuate transfer to the City. The property will primarily be used for minor realignment of Antoinette Lane as part of the Project, with a small portion used for recreational facilities; and WHEREAS, the City evaluated the environmental impacts of the Project pursuant to the California Environmental Quality Act ("CEQA"), and the City Council, as lead agency for purposes of CEQA, certified and adopted a Subsequent Environmental Impact Report ("SEIR") at a duly noticed public hearing on December 13, 2017. The SEIR serves as the CEQA documentation for the City's consideration and approval of the Project, and no additional CEQA review is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco as follows: 1. The City Council finds and determines that the above recitals are true and correct and incorporated herein by reference. 2. The City Council finds and determines that a finding that acceptance of the BHP's quitclaims of the City of South San Francisco Page 1 File Number. 21-543 Enactment Number., RES 20-2022 Property does not require a finding of conformity with the City's adopted General Plan. Acceptance of the quitclaim is primarily for the purpose of a minor realigrunent of Antoinette Lane. It is therefore exempt from the requirement to find conformity with the General Plan under Government Code section 65402(a). 3. The City hereby accepts the quitclaims from BHP for the Property, attached as Exhibit A, and authorizes them to be recorded. 4. The City Manager and his or her designees are authorized and directed to execute all documents and take all actions necessary to implement this Resolution, including without limitation the execution of the Certificates Of Acceptance included in Exhibit A and all other necessary instruments, as applicable, subject to approval as to form by the City Attorney. At a meeting of the City Council on 2/9/2022, a motion was made by Councilmember Addiego, seconded by Vice Mayor Nicolas, that this Resolution be approved. The motion passed. Yes: 5 Mayor Nagales, Vice Mayor Nicolas, Councilmember Coleman, Councilmember Flores, and Councilmember Addiego Attest Govea Acosta, City Clerk City of South San Francisco Page 2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of South San Francisco 400 Grand Ave. South San Francisco, CA 94080 Attention: City Clerk Exempt from Recording Fees per Government Code §27383 Exempt from Documentary Transfer Tax Per Rev. & Tax. Code § 11922, Governmental Agency acquiring title BHP Minerals International Exploration Inc. ("Grantor") hereby quitclaims, releases and conveys to the City of South San Francisco ("Grantee") any and all right, title and interest in that certain property in the City of South San Francisco, County of San Mateo, State of California, as more particularly described in Exhibit A and depicted in Exhibit B attached to this Quitclaim Deed and incorporated herein by this reference. IN WITNESS WHEREOF, Grantor has executed this Quitclaim Deed as of JAvwaca. Z} 2021- GRANTOR: BHP Minerals International Exploration Inc., a Delaware Corporation Exhibit A LEGAL DESCRIPTION OF PROPERTY All that certain real property situate in the City of South San Francisco, County of San Mateo, State of California, described as follows: Being a portion of the lands shown on that certain map entitled, "Map of that Part of the Lux Ranch Laying West of Mission Road" filed for record on March 10, 1891 in Book "D" at Page 58 in the office of the Recorder of said County, being more particularly described as follows: Said land being bounded on the southwesterly side by the easterly line of the Southern Pacific Railroad Company's right of way as described in that deed recorded August 16, 1878 in Book 29 of Deeds, Page 442 and as shown on said Map; Bounded on the southeasterly side by that portion of the southwesterly right of way line of Mission Road (66 feet wide) as shown on said Map; Bounded on the northerly side by the southern line of that certain "Take Parcel I " as described in that Quitclaim Deed recorded January 31, 2008 as Instrument No. 2008- 009955 of Official Records of said County; 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. J State of Texas ) County of (/YI On [ 2--1 wZ Tiefore me, V( Yj 0� fI/ �%L CLEC.. , Notary Public, , personally app red, //11A� �� � �,, l U !jLu (! proved to me the basis of satisfactory evidencd 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. )-,i,Signature 8038pires022 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Quitclaim Deed dated 2021 from BHP Minerals International Exploration Inc.- -("Grantor") to the City of South San Francisco ("City"), is hereby accepted on behalf of the City of South San Francisco by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by resolution of the City Council adopted on _ and that City consents to recordation of the Quitclaim Deed by its duly authorized officer. Dated __2021 CITY OF SOUTH SAN FRANCISCO By: City Manager 3540058.1 Said land being bounded on the southwesterly side by the easterly line of the Southern Pacific Railroad Company's right of way as described in that deed recorded August 16, 1878 in Book 29 of Deeds, Page 442 and as shown on said Map; Bounded on the southeasterly side by that portion of the southwesterly right of way line of Mission Road (66 feet wide) as shown on said Map; Bounded on the northerly side by the southern line of that certain "Take Parcel 1" as described in that Quitclaim Deed recorded January 31, 2008 as Instrument No. 2008- 009955 of Official Records of said County; This legal description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors' Act. A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit B. David Jungmann, PLS 9267 i w Q t 4� tic 0261- 0 END 261-0 END OF DESCRIPTION Page 1 of 2 07/16/2021 Date July 16, 2021 0 0. Project No. 20170241-55 EXHIBIT A BKF LEGAL DESCRIPTION TRIANGULAR PARCEL ENGINEERS SURVEYORS All that certain real property situate in the City of South San Francisco, County of San PLANNERS Mateo, State of California, described as follows: Being a portion of the lands shown on that certain map entitled, "Map of that Part of the Lux Ranch Laying West of Mission Road" filed for record on March 10, 1891 in Book "D" at Page 58 in the office of the Recorder of said County, being more particularly described as follows: Said land being bounded on the southwesterly side by the easterly line of the Southern Pacific Railroad Company's right of way as described in that deed recorded August 16, 1878 in Book 29 of Deeds, Page 442 and as shown on said Map; Bounded on the southeasterly side by that portion of the southwesterly right of way line of Mission Road (66 feet wide) as shown on said Map; Bounded on the northerly side by the southern line of that certain "Take Parcel 1" as described in that Quitclaim Deed recorded January 31, 2008 as Instrument No. 2008- 009955 of Official Records of said County; This legal description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors' Act. A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit B. David Jungmann, PLS 9267 i w Q t 4� tic 0261- 0 END 261-0 END OF DESCRIPTION Page 1 of 2 07/16/2021 Date Q SKF Engine O I N Q m N O V N OD Q q 0 a Q I N w a �aN O a < VI Q U =Nd G N WQWN Q U d m{4�jjZ� O I Q J J � W U zcr D Q CL ~ VI W / M W M p 01 t° N rn d a 0 V Z �o p Nw3v� W Ln koo pMLn -ce Ch + Hq Q ©� W good ` Oa z W CD rIj o' ii. LU z W RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of South San Francisco 400 Grand Ave. South San Francisco, CA 94080 Attention: City Clerk Exempt from Recording Fees per Government Code §27383 Exempt from Documentary Transfer Tax Per Rev. & Tax. Code § 11922, Governmental Agency acquiring title BHP Minerals International LLC ("Grantor") hereby quitclaims, releases and conveys to the City of South San Francisco ("Grantee") any and all right, title and interest in that certain property in the City of South San Francisco, County of San Mateo, State of California, as more particularly described in Exhibit A and depicted in Exhibit B attached to this Quitclaim Deed and incorporated herein by this reference. IN WITNESS WHEREOF, Grantor has executed this Quitclaim Deed as of Avwti¢ Z� 2027- GRANTOR: 02$ GRANTOR: BHP Minerals International LLC, a Delaware limited liability company Exhibit A LEGAL DESCRIPTION OF PROPERTY All that certain real property situate in the City of South San Francisco, County of San Mateo, State of California, described as follows: Being a portion of the lands shown on that certain map entitled, "Map of that Part of the Lux Ranch Laying West of Mission Road" filed for record on March 10, 1891 in Book -D- at Page 58 in the office of the Recorder of said County, being more particularly described as follows: Said land being bounded on the southwesterly side by the easterly line of the Southern Pacific Railroad Company's right of way as described in that deed recorded August 16, 1878 in Book 29 of Deeds, Page 442 and as shown on said Map; Bounded on the southeasterly side by that portion of the southwesterly right of way line of Mission Road (66 feet wide) as shown on said Map; Bounded on the northerly side by the southern line of that certain "Take Parcel 1" as described in that Quitclaim Deed recorded January 31, 2008 as Instrument No. 2008- 009955 of Official Records of said County; 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 Texa ) County of V Y 1 S On Z 20 before me, VI ki Notary Public, , personally appeared, (/ T 1 W� /1 ��1�„ 9 . Ck proved to me the basis of satisfacItory 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 hand and official seal. f [07Y.C. INDY "1999ry1DN11996038 StgnatUreonExpires ember 15, Expires CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Quitclaim Deed dated 2021 from BHP Minerals International LLC ("Grantor") to the City of South San Francisco ("City"), is hereby accepted on behalf of the City of South San Francisco by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by resolution of the City Council adopted on , and that City consents to recordation of the Quitclaim Deed by its duly authorized officer. Dated 2021 CITY OF SOUTH SAN FRANCISCO By: City Manager 3540058.2 ,kc July 16, 2021 MA Project No. 20170241-55 BRF EXHIBITA LEGAL DESCRIPTION TRIANGULAR PARCEL ENGINEERS SURVEYORS All that certain real property situate in the City of South San Francisco, County of San PLANNERS Mateo, State of California, described as follows: Being a portion of the lands shown on that certain map entitled, "Map of that Part of the Lux Ranch Laying West of Mission Road" filed for record on March 10, 1891 in Book "D" at Page 58 in the office of the Recorder of said County, being more particularly described as follows: Said land being bounded on the southwesterly side by the easterly line of the Southern Pacific Railroad Company's right of way as described in that deed recorded August 16, 1878 in Book 29 of Deeds, Page 442 and as shown on said Map; Bounded on the southeasterly side by that portion of the southwesterly right of way line of Mission Road (66 feet wide) as shown on said Map; Bounded on the northerly side by the southern line of that certain "Take Parcel 1" as described in that Quitclaim Deed recorded January 31, 2008 as Instrument No. 2008- 009955 of Official Records of said County; This legal description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors' Act. A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit B. David Jungmann, PLS 9267 END OF DESCRIPTION Page 1 of 2 07/16/2021 Date O BKF Engine . N I N Z} a � N a n oa U NI � Q Q O 0 J U� Q n. ,� o O ` a 1 / V) � w F: o mFrtv z �, � �aN O a a myon cn CQ U MOB wv7-. L N W w Cl 0 V O T z6 C., a ° m O p • Q � w U z H V) LU LU / m w m � � o N � � U p Z r o � v m E Og$w.Te wLU �Gp� QLr, IiiLn N1N K T CD O q � 00 _ z a CN W w w No W W ..............w..-em.,.w...,.lwr..._wu-...r.o-....'a�ac,.m.,..w`ii:w..a_ra