HomeMy WebLinkAboutReso 28-1986 RESOLUTION NO. 28-86
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION OF AN
AGREEMENT TO RESTRICT THE USE OF REAL PROPERTY
("SANJAYLYN PARCEL MAP" - PM-85-238)
BE IT RESOLVED by the City Council of the City of South San Francisco that:
1. Approval of Agreement.
The Agreement entitled "An Agreement to Restrict the Use of Real Property"
between the City of South San Francisco and the Sanjaylyn Company is hereby
approved, and a copy of said Agreement is attached hereto as Exhibit "1".
2. Execution of Agreement.
The City Manager is hereby authorized to execute said Agreement on behalf of
the City, and the City Clerk attest his signature thereto.
I hereby certify %hat the foregoing Resolution was regularly introduced and
adopted by the City Council of the City of South San Francisco at a regular
meeting held on the 12th day of February , 19 86 , by the following vote:
AYES: Councilmembers Mark N. Addiego, John "Jack" Drago, Richard A. Haffey;
and Roberta Cerri Teglia
None
NOES:
ABSENT:
Councilmember Gus Nicolopulos
City C1 erk
EXHIBIT I TO RESOLUTION NO. 28-86
AN AGREEMENT TO RESTRICT THE USE OF REAL PROPERTY
THIS AGREEMENT, is entered into on the 13th day of February , 19 86 ,
by and between t~e City of South San Francisco, hereinafter "City", and
SANJAYLYN Company, a California general partnership hereinafter "Developer".
WHEREAS, Developer desires to obtain approval of a Parcel Map entitled
"SANJAYLYN Parcel Map", being a resubdivision of Lots 1, 2 & 3, Block 4, as
designated on the map entitled "South San Francisco Industrial Park Unit No. 1,
South San Francisco, San Mateo County, California," filed in the Office of
the Recorder of the County of San Mateo, State of California on September 14,
1956 in Book 46 of maps at Pages 4, 5 & 7, South San Francisco, San Mateo County,
California (hereinafter the "Parcel Map"); and
WHEREAS, the conditions placed on approval of the Parcel Map are such that
the Developer must now either undertake reconstruction of the existing structure
located on the real property subdivided by said Parcel Map {hereinafter the
"Property"), or agree to restrict certain portions of the Property to open
space uses in order to comply with applicable provisions of the Uniform Building
Code as adopted by the City of South San Francisco; and
WHEREAS, the Developer does not desire to undertake the reconstruction of
the existing structure at this time; .
NOW'THEREFORE, it is agreed by the parties hereto that: -.
1. The Developer and any and all of Developer's successors, agents
and/or assigns, shall be prohibited from building, or allowing to be
built, any structure within the area described in the legal description
attached hereto as Exhibit "A", and as reflected on the map attached
hereto as Exhibit "B", which exhibits are incorporated herein by
reference as though set forth verbatim.
2~ In the event that Developer, Developer's agents, successors or
assigns elects to undertake the reconstruction of the existing
building and fully complies with the building and fire safety
requirements as set forth by the City, in that certain approved
Application entitled PM-85-238, "SANJAYLYN PARCEL MAP"
to which reference should be made for further particulars, the City
shall execute and deliver a written recission of this Agreement to
Developer in a recordable form.
3. In the event that the Developer, Developer's agents, successors
or assigns violate the foregoing restriction, the City shall be
entitled, but not obligated, to take such actions as are necessary to
enforce the provisions of said restriction. Such actions may include,
but shall not be limited to, actions for injunctive relief, breach
of contract or any other legal remedies that may be available to the
City~ The remedies provided for herein are cumulative and not
excl usive~
This Agreement shall be recorded concurrently with the Parcel
Map~
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the day and year first above written.
CITY OF SOUTH SAN FRAN~/~SCO
ATTEST: a Mun~a; C~orayn
~er~k~''' De Bplan a~g e r/~~~ De ve 1
Administration
opment &
By: 4 ~an~ra F. Davis
STATE OF CAL~~ ) SS
COUNTY OF SAN FRANCISCO )
BE THE PARTNERS OF THE PARTNERSMIP THAT EXELXIiED THE WITHIN IN~ AND
ACKN(~.Er~'ED THAT SA'rD P~ EXECLrIED THE SAME.
, IN THE YEAR 1986, BEFORE
IN WITNESS .WHEREOF, I HAVE HEREXAqTO ~iMY HAND AND AFFIXED MY OFFICIAL SEAL AT MY
SAN FRANCISO0,. STATE OF CALIFORNIA : ,,.,,,.. :~ RONALO A. ~ ......... ,.,
~ ~ CITY ~ND COUNTy OF S':N FFA,~C'e~CO
MY ~SSION EXPIRES -" ~,, co,.:,~,.,,,o,., .,'.,,,,,,
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All that cerumen real property situate in the City of South San
Francisco, County of San Mateo, State of Cm]~oznia, described as follows:
BEGINNING at a point on tbm easterly 1/ne of Harbor Way distant'
thereon N 17O 32' E 72.45 feet from the so~sterly corner of Lot 3 as
shown upon that cer~{n may entitled "SOUTH SAN FRANCISCO INDUSTRIAL
map was filed in the office of the County Recorder of San Mateo County,
California, on September 14, 1956 in Volune 46 of Maps at pages 5, 6 and
7; thence along said easterly line 20.00 feet; thence leaving said easterly
line of Harbor Way N 72° 55' E 351.74 feet to a point on the westerly line
of Lot 8 as shown upon said map; thmnce along said westerly line S 17° 07'
24" E 20.00 feet; thence leaving said westerly line S 72° 55' W 351.60 feet
to the point of beginning.
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