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HomeMy WebLinkAboutReso 7-1998 RESOLUTION NO. 7-98 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE SALE OF CITY PROPERTY TO BAY WEST COVE, LLC AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT TO PURCHASE REAl, PROPERTY AND TO EXECUTE THE GRANT DEED WHEREAS, the City of South San Francisco purchased as part of a larger condemnation of property that real property described in Exhibit "A" attached hereto and incorporated by reference herein; and WHEREAS, said property was purchased for Two Hundred and Fifty Dollars ($250.00); and WHEREAS, Bay West Cove, LLC, desires to purchase said property for development; and WHEREAS, City desires to sell said property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco, that: 1. It hereby approves the sale of the property designated in Exhibit "A" attached hereto to Bay West Cove, LLC for the amount of Two Hundred and Fifty Dollars (250.00). 2. The City Manager of the City of South San Francisco is hereby authorized to execute the Agreement to Purchase Real Property attached hereto as Exhibit "B" and incorporated by reference herein, and to execute the Grant Deed, attached hereto as Exhibit "C' and incorporated by reference herein. JAN-15-98 THU 09:23 MEYERS, NAVE, RIB~CK&SILV. EUERG~EEN ~SSOCInTES. F~ NO. 510 35l 448! P. 02/03 4!5 685 5d~l P.~3x~7 EXHIBIT A TO RESOLUTION No. 7-98 Preliminary DelcHption of PROPERTY TRANSFER Bay W#t Cove The following described land is a porbon of an ex~;~ption from Parcel 2 as described in Chicago Title Company Title Order No. 869075~. The basis of bearings inctudecl in tills clescription is the I~earing North 02° 35' S9" West tal~on on the centerline of Gateway Boulevard as shown on ti'tat cer/~in Final Map Gateway Center filed for record on October 1~, 1982 in Book 107 of maps at page 27-30. San Matzo County Records. The herein ~/escribed land is situated in the City of South ,~an Francisco, County of San Marco, State of California, and describecl as follows: Beginning at a I)Oiflt in the ;nter~ection of Oyster POint Boulevar0 and Gateway Boulevargl, said point being a monument shown on that ~ertain Final Map Gateway Center, thenGe crossing Oyster Poiflt Boulevard North 19" 46' 4:3' West 110.39 feet to the TRUE POINT OF BEGINNING of the lar~ clescribect herein: thence clockwise around the ~nrnet~r o1 t~e land described herein the followi~ ~ourses and distances: South 85' 03' $g" West 56.39 feet; thence northerly along a convex curve ~ving a central angle of 88' 55' 5?% a radius of 38.00 feet and en arc length of 57.88 feet; tt~ence North 02* 30' 0t" West 19,75 feet; thenoe No~th 87· 2:3' 59' East 69.95 feet: thenCe South 39~ 13' 11' East 74.34 feet to the TRUE POINT OF BEGINNING. Containing 0,06 acres (2,792 square feet) more or less. Janua~ 6. 1t~98 J~-15-98 T~U 09:2~ ;qN-07-19c~ I~:4~ MEYERS, N~VE, RIB~0K&SILV. E~ERGREEN ~SSOCI~TES. F~X NO. 510 351 4481 P. 03/03 ~INIT~ SCALE: .~2'.,~'01"E 19.?§' ' ' -~'"/- ~"r.~.o.B. acres ~ 0 · 1" = 100' POINT BLVD, ~reyer & /_aureCe DATE~ dAMJAFIY ~, lg~ PLAT TO AO~OUFAI~ LEOAL ~~ EXHIBIT B TO RESOLUTION NO. 7-98 AGREEMENT TO PURCHASE REAL PROPERTY THIS AGREEMENT, dated as of this ~ day of , 1998, by and between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation of the State of California ("City"), and BAY WEST COVE, LLC, a California limited liability company ("Bay West"); RECITALS WHEREAS, the City owns 2,729 square feet of property located at the intersection of Oyster Point Boulevard and Gateway Boulevard ("Subject Property") as shown in Exhibit "A" attached hereto and incorporated by reference herein; and WHEREAS, the City acquired the Subject Property as well as the surrounding property by condemnation for two hundred and fifty dollars ($250.00); and WHEREAS, the City cannot make any reasonable use of the Subject Property; and WHEREAS, the Redevelopment Agency and Bay West have entered into an Owner Participation Agreement and a Development and Disposition Agreement for the development of the property surrounding the Subject Property; and WHEREAS, Bay West desires the Subject Property as part of its development plans. Agreement to Purchase Real Property between City of So. San Francisco and Bay West Cove, LLC Page 1 of 4 January 14, 1998 Each party may change that party's address for these purposes by giving written notice of the change to the other party in the manner provided in this section. If sent by mail, any notice, delivery, or other communication shall be effective or deemed to have been given 48 hours after it has been deposited with the United States Postal Service, duly registered or certified, with postage prepaid and addressed as set forth above. 4. HAZARDOUS MATERIALS. Bay West agrees to accept the Subject Property ~as is", and specifically agrees to indemnify and hold harmless the City from any obligation for payment the cost of any of cleanup of hazardous materials that may now exist or later be found to exist on the Subject Property. ~Hazardous materials" is defined to include, without limitation, any flammable explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in the Comprehensive Environmental Response, Compensation and Liability ^ct of 1980, as amended (42 U.S.C. §9601 et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. § 1801 et seq.), the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. §6901 et seq.), Section 25117 of the California Health & Safety Code, Section 255316 of the California Health & Safety Code, and in the regulations adopted and publications promulgated pursuant to them, or any other federal, state, or local environmental laws, ordinances, rules, or regulations concerning the environment, Agreement to Purchase Real Property between Page 3 of 4 City of So. San Francisco and Bay West Cove, LLC January 14, 1998 JAN-15-98 THU 09:23 MEYERS, NAVE, RIBAOK&SILV. FAX NO, 5]0 35] 448] · ~A~-~?-t99~ 1~:43 EUE~G~E'EN ASSOCiaTeS. 4i5 685 Pm02/03 Preliminary De·cril~tion of PROPERTY TRANSFER Bay W#t Cove The following described land is a porbon of an ex~ption from Parcel 2 as described in Chicago TiUe Company Tiff· Order No. 8690754. The basis of beeries includeU in this ~e~ript~on ia the bearing No~h 02· 35' 59" West taken on the ~nterline ~ Gateway ~utevm~ as shown on t~t ~in Final Map ~a~way ~ter fil~ for m~rd on O~o~r 1=. 1982 in ~ok 107 of maps at ~ge 27.30, San ~o County Re~s. The herein Ues~ribed land is situated in the City ef South San Francisco, Col, in~ of San Marco, State of California. and described as follows: Beginning ·t · i~olnt in the ;nter~ecti~n of Oyster Point Boulevarct and Gateway Boulevard, said point being a monument shown on that c, erta[n Final Map Gateway Center, thence crossing Cyber Point Boulevard North 19' 46' 43" West ~ 10.3g feet to the TRUE POINT OF BEGINNING of the lartl ties;rib·el herein; thence clockwise around the ~rimeter of me land described herein the followi~ ~ourses and distances: South 85' 03' 50" West 58.39 feat; thence northerly along a convex curve having a central angle of 86; 55' 57", a radius of 38.00 feet and en arc length of 57.88 feet; thence North 02° 3~' 0t" West 19,75 feet; thence Nor~,h 87= 23' 5cJ' East 69.95 feet; thence Seuth 39' 13' 11" East 74.34 feet to the TRUE POINT OF BEGINNING. Containing 0.06 acres {2,792 square feet) moro or less. .Jam,~3n/6, 1998 Freyef' 6 t.e~ure~'~l J~-15-98 THU 09:23 I1EYERS, N~VE, RIBAOK&SILV. F~X NO. 510 351 448] P. 03/03 SCALE:: POINT BL¥O. DATE~ ~,qUARY PLAT' TO A~ANY LEGAL Recording Requested By: City of South San Francisco :315 Maple Street South San Francisco, CA 94080 When Recorded Mail To: Bay West Cove, LLC 600 Townsend Street San Francisco, CA GRANT DEED The undersigned grantor declares: Documentary transfer tax is none. For a valuable consideration receipt of which is hereby acknowledged City of South San Francisco, municipal corporation hereby grants to Bay West Cove, LLC, a California limited liability company, the following described real property in the City of South San Francisco, County of San Mateo, State of California: See Exhibit "A" attached hereto, and made a part hereof. Date: City of South San Francisco a municipal corporation Attest: Michael A. Wilson, City Manager By: Barbara A. Battaya City Clerk Approved as to Form: City Attorney C:xNIODEM~GRNTDEED. 112 JAN-15-98 THU 09:23 MEYERS,NSVE, RIB~CK&SILV. F~X NO. 5]0 35] 4481 P. 02/03 Preliminnry Deacription of PROPERTY TRANSFER Bay Wq~t Cove The following described la~d is a 00rt~on of an ex~ption from Parcel 2 a~ described in Chicago Title Company Title Order Ne. 85907S~. The basis of bearings includecl in tl~is clescriptio~ is the I~earing North 02° $~' Sg" West tal~en on the centerline of Gateway Boulevard as shown on ti'tat certain Final Map Gateway Center filed for record on October 1", 1982, in Book 107 of maps at page 27-30, San Mateo County i~ecoT~ls. The i~erein (/ascribed land is situated in the City ~f ~outh ~an Francisco, County of San Marco, State of California, and describec! as follows: Beginning at a point in the inter,action of Oyster PoinT. Boulevar0 and Gateway Boulevard, said point being a monument shown on that c, erta[n Final Map Gateway Center. thence crossing Oyster Point Boulevard North lg" 46' 43" West ~ 10.39 feet to the TRUE POINT OF BEGINNING of the lancl ~lescribeCl herein; thence r,.Jockwise around the i~rimeter Of ttle land described herein the followil~ ceurse8 and distances: South 85" 03' 59" West 56.$9 feet; thence northerly along a convex curve haying a central angle of 86" 55' 57", a radius of 31~.00 feet and en arc length of 57.86 feet; tl~ence North 02' 30' 01" West 19.75 feet; then~,e North 87° 23' S9' East 69.95 feet: thenCe South 39° 13' 11' East 74.34 feet to the TRUE POINT OF BEGINNING. Containing 0.06 acres (2,792 Square feet) more or less. Ja .rt~a~ O. 1~J8 JAN-J5-98 THU 09:23 ~YERS, NAVE, RIBACK&SILV. FAX NO. 5]0 351 448] P. 03/03 _ E~ERGREEN ~SSOC~TES. 4i~ ~u~ ~441 SCALE: 1" = 100' OYST~:R POINT BLVD. ~- ',-~ · ~¥~.a. ' DATE' dANUARY PLAT TO A~/dW' LEGAL lAY WBIT OOV~ ~U11.1SN~ ~