HomeMy WebLinkAboutReso 4-1987.... RESOLUTION 4-87
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING A SETTLEMENT AGREEMENT
BETWEEN TINMET CORPORATION, THE STATE LANDS
COMMISSION, AND THE CITY OF SOUTH SAN FRANCISCO
WHEREAS, Tinmet Corporation owns an approximately 20 acre parcel situated
on the south side of East Grand Avenue between Littlefield Avenue and Harbor
Way; and
WHEREAS, the State Lands Commission asserts a public trust claim in the
property because at one time the State believes this area to have been part
of the tidelands; and
WHEREAS, under legislation enacted in 1925 the City of South San Francisco
is the grantee of all salt marsh, tide and submerged lands within the boundar-
ies of the City, and holds such lands subject to the trust rights; and
WHEREAS, the State Lands Commission and Tinmet Corporation have indicated
the dispute can be settled, in lieu of quiet title litigation, for the sum of
$300,000; and
WHEREAS, the City as grantee is a necessary party to the settlement; and
WHEREAS, such a settlement is statutorily exempt from CEQA pursuant to
Public Resources Code Section 21080.11;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that it hereby authorizes the Mayor to sign the settlement agreement,
attached as Exhibit "A".
BE IT FURTHER RESOLVED that it authorizes the Mayor, City Manager and City
Attorney, as appropriate, to execute all necessary documents including a quit-
claim deed on behalf of the City to effectuate settlement of the disputed title.
I hereby certify that the foregoing Resolution was regularly introduced and
adopted by the City Council of the City of South San Francisco at an adjourned regular
meeting held on the 21st day of January , 19 87 by the following vote:
AYES: Councilmembers John "Jack" Drago, Richard A. Haffey, Gus Nicolopulos,
and Mark N. Addiego
NOES: None
ABSENT: Councilmember Roberta Cerri Teglia
City Clerk
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ATTACHMENT A TO RESOLUTION N0.'4-87
DRAFT
COMPROMISE TITLE SETTLEMENT AGREEMENT
The parties to this Compromise Settlement Agreement are 'the
State of California, acting by and through the State Lands
Commission ("State"), the City of South San Francisco ("City"),
and Tinmet Corporation, a Delaware Corporation ("Tinmet").
A. This Agreement concerns
the City, State of California,
Agreement, for convenience, as the
parcel is described in Exhibit A
RECITALS
a parcel
referred
of real
to
Settlement
property in
throughout this
Parcel. This
and is shown for reference
purposes only on Exhibit B. Both Exhibits A and B are attached
to this Agreement and are incorporated herein by this reference.
B. Upon its admission to the United States of America on
September 9, 1850, the State, by virtue of its sovereignty,
received in trust for the purposes of commerce, navigation, and
fisheries, all right, title, and interest in previously ungranted
tidelands and submerged lands within its boundaries.
C. Pursuant to the provisions of Division 6 of the Public
Resources Code, including Sections 621.6 and 6301, the State Lands
Commnission is vested with all jurisdiction and authority as to
all right, title, and interest in tidelands and submerged lands
DRAFT
held by the State in trust for the benefit of all the people of
the State.
D. By Chapter 345 of the Statutes of 1913, as amended by
Legislature granted to the City all right, title, and interest of
the State in and to all the salt marsh, tidelands, and submerged
lands within the City, in trust for harbor purposes, subject to
c~rtain terms, conditions, and reservations.
E. Tinmet is the current record owner of, or has an
interest in, the Settlement Parcel, as described in that deed
dated , and recorded in Book .... , at page .... ,
of the Official Records of the County of San Mateo.
F. The State contends that the Settlement Parcel, in whole
or in part, at
Californ~ into
thereafter, lay
traversed ~"
the time of
the Union,
waterward of
oughs of
the
and in
the mean
San Francisco
admission of the State of
its natural condition
high .tide line, and was
Bay. The State further
contends that, as lands of the legal character of tidelands and
submerged lands, the Settlement Parcel is subject to a publiE~
tryst ownership, consisting of a fee or an easement, or both, for
water.-related commerce, navigation, fisheries, recreation, and
other recognized public trust purposes.
S. The Settlement Parcel h.s-== been ~i~e~~ ~ and reclaimed and
removed from the public
longer available or useful
required for public trust purposes.
channel. The Settlement Parcel is no
or reasonably susceptible of use or
H. T~r'= ..... ~=- a bona fide di~_puts_ between the State, thm
City, and Tinmet as to the existence, extent, nature and location
of their respective
Settlement Parcel.
I. A resolution
interests in
p~n~-~ and
rights, titles, and interests in the
of' the parties' rights, titles, and
the Settlement Parcel would requi, ~-_ costly,
vigorously disputed litigation with uncertain
results if the c~ntroversy could not be resolved by settlement.
J. The parties hereto consider it expedient and necessary
and in the best i-~ .... ~- of the
Tinmet to resolve this
title dispute
anticipated
substantial
the City, the public, and
by compromise settlement,
costs, time
r~quir~ments, and .... ~-~ '-~
........ al .... es of litigation.
K. In ~
~,,e interest o~ settlement, the State, the City, and
'-- ~ _o .... c~_~ independent studi~
the Ti ..... e~ have = -~" ~ _~ and evaluations o~
the ~ evidence, the pti-~ ~
..... ~ .... p~es o~ law and the merits o~ th~
State~s, City~s, and Tinmet's l~gal -n-'~ -
~=~ ~on=. A land appraisal
and study completed by the State has shown that the value of the
claimed State sovereign interests in
less than or equal to $300,000.
L. The State is authorized
~nciudinq Section
Resources Code, ~ _
interests in real property held by
sovereignty for its interests in other lands of
the °~ettl ement Parcel is
by Division 6 of the Public
'6307 ~ ~ to exchange
~, ,er _of,
the State by reason of its
equal or gre~t~r
DRAFT
value. The Granting Statutes do no~ empower the City to alienate
to private parties any interest in the granted lands.
M. Sections 8600 through 8633 of the Public Resources Code
authorize ~
~,,e State Lands
pursuant to Section 6307 of
acceptance -z
~, money to
Commission to
the Public
be deposited
conduct land exchanges
Resources Code by the
into the Land Bank Fund
created by Section 8610 of the Public Resources Code, and further
~-~n~-.~ the State L~nds Commisszon as trustee of ~
.... ~ .... e ' ~,~_ Land Bank
Fund, with exclusive jurisdiction and authority to administer the
N-. T~,,,._ parties hereto
r~ached an agreement for
claims in the Settlement Parcel.
provides ~
1. The City
rea! property acquired pursuant to
have, after lengthy negotiations,
~h~ resoi,,~~-- of their ~z~: -
will quitclaim
In general
right, ti~ and interest
to the
of the City
this Agreement
o -~ of
~t~e all the
in the Settlement
F'arc~l which exists by virtue of th~ Granting Statu~tes.
':~ ' tO
~--. The ~o~_ate-~ ~ w~._ qu~c~a~.m' ' ' Tinmet all right,
·title and interest of the State in the Settlement Parcel,
including ~- interest described in sub~. agraph i~ above
3. The quitclaim described in subparagraph 2, above,
is intended to terminate any State sovereign interest,
including, but not limited to the public trust for commerce,
navigation, and fisheries, in the Settlement Parcel ....
DRAFT
4. Tinmet will deposit the sum of $300,000 into the
Land Bank Fund created by Public Resources Code Section 8610
for the purposes specified therein.
5. The State will accept the monies to be deposi.ted
with the Land Bank Fund in order to purchase other lands
useful for trust purposes, which lands will be held as
sovereign lands subject to the public trust. City will make
i s ' make
t best efforts to identi~y, and State will ' its best
efforts fo~ a period of three years to acquire, such lands
· ~ ~¢ City.
~ 1
and terms, ~he parties .....
Grantinq ........ es.
City hereby agrees to remise, release
and forever quitclaim
to State ai~ of its right, title, and i ' ~-~
. n=er_=~ existing by virtue
.9~3, . .
of the Granting-Statutes (Stats. ' ~ Ch 3~5,
the Settlement Parcel described in Exhibit A.
to Tinmet.
State agrees to remise,
Tinmet al 1
as amended) in
State's Quitclaim nf_ !nt~rests in the ~et ~ a~m_n~ ~._ c, ..... ~, _~_~l
release, and forever quitclaim to
of the State's right, title, and interest ex~sting~by
DRAFT
virtue o~ its sovereignty, including, but not limited to, any
interest held by the State as trustee o~ the public trust
commerce, navigation, and fisheries, and including those
interests quitclaimed to be the State by the City pursuant to
Paragraph 1, above, in the Settlement Parcel described in Exhi'bit
3 Ti~me'c s _ont ....... on of ~300,000 to the Land Band
Fund~
Tinmet agr~s to contribute ~00,000.__ (Three ~,,un~r_~ ~ thousand
d~llars and n~ cents) ~- ~'- '
..... e Land Bank Funo established by Public
Fiesourcms Code
State sovereign in the Settl~ ~
The
Section 8610 as full compensation for any and all
ght ~ ~ - ~
ri .~_ ~_~._~, or ~nterest
.... ~e Lands Commission Findinqs.
State Lands Commission, by ~ts approval and
authorization of the execution of this Agreement:
a. Finds and declares, upon recordation of
~illed and reclai-~ and
.any public channels,
susceptible of being used for navigation and fisheries, is
not in Yaot tidelands and submerged lands~ and is free from
u .... ic trust ~or cammerc~ navigation and fisheries;
b. Finds and declares that this Agreement is in the
best interests of the State for:
this
tho._ the Settl ~ 4-
em_n~ Parcel has been improved,
has thereby been excluded from
not avai lable~ or useful or
DRAFT
(1) The improvement of navigation;
(2) The enhancement of ~
~,,e .configuratien of th~_
~ ~ ~mprovement of the ~ater an0 the
shoreline for ~h_ ~ '
upland; and
(3) The prot~ction, pr~servatio,,, and enhancement
~0~,~n~s and submerged lands and publ~c access
thereto pursuant to the public trus~.
~_. =:, ~,~._~ ~'~- ~,,~ ~ decl a~es, that the conveyances .,~ --~ _
,~ .... u ............ s Agreement wil~ not substantially intmrfmrm
~ith the rights of fishing and navigation in San Francisco
Bay or i~-~= tributary_ chann~!s:
. ~n~ ~e ..... s ~hat the v-~.~.u~.~ u~ ~overeign
interests in the Settlement F'arc~! is le-~== ~ ..... or 8qua1 to
$300 ,~r~. and
e. Finds that
~ di t and ~-
t~e spu ~ ~
this Agreement is.~n
s~ttlement of a.
therefore exempt from the California
Environmental Quality Act pursuant to Public Resources Codm
5. Acquisition' _ of Exchanqe La~ds
City shal~ :- good z ~ ·
~es_ efforts to idmntify
lands within the City which may b~
acw~,~r.=~ for purposes
consistent with the public trust and th~ i~tent of the Kapiloff
Land Bank Act, Public c~ ~ ~ ....
~,e=o~, ~m= Code Sections 86r''~ ~. et seq., and
Statm shall in good faith make its best ~fforts consistent with
that Act, to acquir~such lands acceptable to the City and,the
State with '$300,~o0 c~ntributed to the Land Bank Fund pursuant to
this Agreement, and -~ ~
=,,a~ not oppose legislation to amend the
Granting Stat'utes to grant to City any exchange lands in the City
acquired pursuant to this Agreement, provided, that should a
parcel suitable = - ' ~h~.,
,o~ such acquisition not be purchased wi
~hree_ years of ~-~,,= effective date of this Agreement, the State
shall - '~ b~
~o~ bound to use its best efforts to expend the $300,0C)0
f~r .acquisition ~ ..... n the C~tv.
~. A .... ~ n~ ~f Conveyances and ~onsent
R.~cordin~.
· ~ - ~ parties hereto
By their executiom o~ this Agreement,
agre~ t~ ..... ~ ~
..... w ..... herein des--ib~d~ ~, _ conveyances ~, 1~-~., ~.~ and
m~ney, and hereby consent to the recording of this Agreement, and
-~ - ~u, ~ua,,~ to th~= Agreement, pursuant t~
.... e, documents executed ...... ~
Paragraph 20~ below.
7. Judicial C~n¥±rmati~n of=.u~m~~' ~- ~-~
At such time as this Agreement, ail c~nveyances necessary to
acc~mp~ish~ this Agreemen~, a cashier's chic~-~ ~n~ ~h_~ amount
· ~ 000 and written approval ~' Tinmet of the condition o~
.... e to .... Settlement Parcel as shown ~n a pro ¥orma title
commitment,
Paragraph 19 ~ '
=~ement=_~ embodied
jurisdiction to confirm the validity of said smttlement
Judgment.
have been deposited into ~scrow as provided in
t.,~ parties hereto will submit the
in this Agreement to a court of competent
by Court
DRAFT
8.
So
patti es
F~arther Assurances.
~ong~ a-== authorized
hereto will perform
by appl~ ~'~
~coo~e laws to do so, the
such other acts, and execute,
titles,
estates, remedies, powers and privileges to be
provided for by this Agreement. The parties hereto
~,,e ~ntry of all orders and judgments necessary or
acknowledge and deliver all further conveyances and other
' t~t be ~ fully assure ~ other
~nstruments~ ~ may necessary ~ ~ the
parti~=~- all of the respective properties, rights~
conveyed or
c~sent ~
appropriatm to effectuate thi=~ Agreement and sti~''~~=~= ~.a~'tt~e ~ .
fully effective and final
right
Judgment dmscribed herein may be made
forthwith upon entry of said Judgment.
~a~ ,_r hereby waives any
'to appeal from said
Judgment.
Execution Before a Notary Public.
~'~ i signatures ::~ the parties
documents execut=_d
.... n,~w~edgment shali
other documents ~- ~ ' ~ - nz ~ ~k
_~ ~ow ~hem an be recorded in ~ .~,f~r~ of ~,,e
Recorder o'~ the County of San Mateo, California.
!1. Countermarts.
This Agreement may be executed in any number of counterparts
and each executed qounterpart shall have the same force-~and
DRAFT
effect as an original
aggregate counterparts
signature page of this
and as if all of the parties to the
had si gn-d=, the same i nstr ument . Any
a_~_~c,,~ by the ~ .....
Agreement may b~
Agent p ~-~ below, ~rom any
_s .... ~ .shed pursuant to Paragraph 19, .
counterpart~,--z thi~= Agreement without ~mpairing. any signatures
thereon, and may be a~arh~d ~- another roun~rpar~ o~ tn
Agrm~ment i:Sentical in ~orm hereto but having attached to it one
..... ~ e pages~ ~or the purpose of creating
,,~=~, =~,= document for recording.
~. A~r~ment ~or Compromise and
*~ ~.= mxpressly ur~derstood by the parti~o= hereto ah=~, ~ the
pc~, posss of comprmmis~ ng and sett! ~ m.g ~,= r~somr~iv~~ .... di=n,,t~d~. __
~-'~- m~- =~e th:m parties in the Smttlement
13. No Admission or E~fmct i-~ Aor~ement.N°t Mad~ E~foctive.
in the mv~nt this Ag, e~ment do~ not bmcome ~ffmctivm~
nothing h~rein shall constitute~ or be construed as~ an admission
by any party hmrsto or ~vidmnc~ cor~cerni ng
physical charact~r~ or charactmr of title to or interest ~n the
14. No Ef~:~ct on Other Lands.
The pro,~,zs~ons ~ ~h~s Agrmement do not constitute~ nor are
they to O~e constru~ed as, an admissEon by any party or evidence
conc~rning t~e~ boundar~es--, physical character,
title to or interest in any lands outside the Settlement Parc~l~.
15. ' ..... ~ ' ~ Cetera.
A,~, ~e,,:e,,. Bindinq on Heirs. Assiqns.
....
.~r'~i ~-4,~= terms., provi-;=~ons, and cono~t~ons of this
shall be bindin~ upon and inure to the benefit of the r~spective
I~. M~ificatlon.
N~ modi*icati~n~', amendment~ ~r alteration ~ ~,,~s Agreement
shall bm valid unle-- ; ..... ~-~ and -i---" ~" ~11 --Z &~ ties
..... s Agreement.
!7. No E~f~ct on =.t,,e, Government Jurisdiction.
This Agreement has no ef~re whatsoever on th~ regulatory,
' ' ~ ' ' 1
mnv~ron~n~al or oth~r ~ur~sdi-u~on ~ any f~d~ral, stmt~,
or o~hor ,~nv~rnm~n~ ~ntity not ~ party to this Agrse~ent.
18. Headinqs.
The ~itl=~ ~ headings of ~,,= sections of .this Agreement ar~_
inserted z__, ~, convenience snly and shall -n~,,=~ k-~= ~--:,,=~=~=-~.~ in'
c:nstruing this Agreement.
a. TN~ parties have agreed t~ open an escrow with
..... w .... of California ("
Agent"). Joint escrow
by th:=~ p ..... es.
b. Deposi ~- by ~ ~ ~
~:~ p_~r,_~es:
(1) City shall
into escrow:
instructions wi~' be .... ;~=
..... b ....... d
deposit
the following documents
DRAFT
(a) Certified copies of duly enacted
t,,_ City s
resolutions of its City Council showing ~
approval nf_ this Aoreemen~~ _ and the City's
authorization that it and the Quitclaim as set
forth in Paragraph ~, above, be executed on
C~._y s beh~; and
(b) This Agreement~ duly and properly
~..e_u~ by th~ City; and
'~ ~cl ~ qui~-~ ~ by th r~ty .....
. . .. ~m _~ .~ to the c-~,
set forth in Paragraph 1, above~ duly and properly
executed on b~ha~f of eh~
(9~ Stat~ shall deposit ~m '-~ '
...... · .~,low~ng documents
(a) A cmrt~isd cody ~, a m
~u~,~ Lands 'Commission publ~- ~saring showing
==~on s ~p~, o~ of this Agreement and
.................... on ..... zt and the
~ ~nrth in Paragraph o b~
ouitclaim, as s_~ ~_. ~, above
...... ~ ~ ot~,~e = behai~ and
(b) This Agreement, duly and properly
executed by th~ State; and
(c) A patmnt quitclaiming the S'mtt I ement
F'arcel to Tinmet, ~= s-~t forth in o, ~,, ....... =~.~,~,~, .°,
above, duly and properly executed by State.
DRAFT
'~) Tinmet -~ ~
....... a~l deposit the following documents
into escrow:
(a) A certified
Board of n4~ t~, :
Agreement and
Tinmet's behalf
copy of a resolution of the
of Tinmet, approving 4-~4 _
au~,o .... ng i execution on
and the contribut4~- of .~:~ r,¢)~-,
to '~':~,_ L-nde,.. Bank Fund ass:::4- forth in Paragraph 37
. ' ..... ~ duiv and prop~rl ~-
~ (bl This Ag~ ~=-..e..~, . -,
........ ~0~ by -'n~mt ar~
(c) A cashi=,~ 's ~or ....
' ' ,-,0,3 payabl ~
(d) Written
~4 4-4 4-4 1~
,-~-,,,,~- ,_~on of ~
the ~-' ~
',r.
of' the
Parcel as
shoran zn m p? .~ £ ....... 4-itl._- commit .......
20. ~ r": =...~ ~ : -.,=,_ ,_ ..... ._.On
Upon entry of ~ ....... ~ ~re~-p4- of ail
.ud~ ....... by the m .... 4-
documents and funds d==.cribed in Paragraph 19, above, and the
written approval by Tinmet of the~,--mCition of 4-:~im~ _ to the
Settlr-',m~mf Parcel as sho~n in a ~-o forma ,~.~e ccmmitment
~scrow Agent shall notiYy the -~4-~.== '
~ .... -~= ~.F ~ts inb~ntion to close
mscr~w and to record ~his Agreement ~ r~
....... any ~iated ~ ....... ~- -~
shall set ~ datm certain ~or ...... - .... ~
~ -"~ ......... on and closing. At
cl~se of escro~ Escrow Agent shall record this ~ ~ ~ ~ ~
rog, e=m_n~ in the
Office of the County Recorder for the County of San Marco,
California. Escro~ Agmnt shall then release the ~300 ~r,n check.
to ~,,~ State Lands Commission.
........ o_=~ P~rfect Title.
Th~ oo~elemene c
....... -a~ ~l will bm quitc!aimmd by thm o~at~ to
Tinm~t pursuant ~o this Agreement solely for the pu~ ~se
~er~==~ing ~ m to said disputem land and, accordingly, for
as=~=ment ~uro~ses, said ~' '~ ~- ~ '
. , .~_,~a~m does not :nvolve a ~hanmm
m~nmrship pursuamt to Section 62(b) o~ the California Revenue and
Taxation C
and fees of escrow incurrmd by Es~ro~
....... associated w~th r~cordat~n c,f tn~s Agreement
' ~ ~g shal 1
bornm Tinm~ ~ ~ other tees~ ~=
attorney ~ mnginmer ~, othmr ~, .......... ~ -~-~ ~ "
~' hereto ~n c~n ...... with the ......... r~ng th~s
Agreement ~l be ~-n~ by ~-~ party.
o~ E.F~=-~v~ Date
This ~n-~ ~ ~ effmcti onl upon entry o~:
~, =em=n~ shal I bmcom~ vm y
Judgment ~-Zirming ~hi~ Agreement and r~c~rda~i~n o~
Ag~ ...... ~,.~n~, the documents mx~cut~d pursuant to this Agreement, amd
a c~rtified copy of ~aid Judgmmmt. To become effective, this
Agreement must be recorded by July 1, 1987.
DRAFT
~h~s Agreement, a duly "~ized oYficer o~ each
To witness '~ ;
~"~ it -~ " ~= _~,, s~gnature.
party has ex .... ~ .... ~o~ on .... date opposite ~ '
STATE OF CALIFORNIA
STATE LA,-~.m
By:
,_.~a.r~ T. Dedric!-.'.
~,. ...... _,_~: ~ive,_ Officer
DATED:
T !,'~"~c=,, ,~ . CORF'ORAT l ON
By:
State o¢ Cali¥ornia
By;
Dennis M. Eagan
Deputy Attorney General
DATED:
...... ~,~4 FRANC~CRO
City a~ ....
By: