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Home My WebLink AboutReso 106-1986 RESOLUTION NO. 106-i86 CITY COUNCIL, CITY OF SOUTH SAN FRANCISlCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING APPROVAL AND EXECUTION OF AN AGREEMENT TO RESTRICT THE USE OF REAL PROPERTY ..... (320 SHAW ROAD) BE IT RESOLVED by the City Council of thle 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 Shaw Associates, a General Partner- ship; Clay Del Secco and Carol Del Secco, husband and wife; and Ross Investments, a General Partnership, is hereby approved, ~nd a copy of said Agreement is attached hereto as Exhibit "1." 2. Execution of Agreement. The City Manager is hereby authorizqd to execute said Agreement on behalf of the City, and the City Clerk attest his slignature thereto. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of S!outh San Francisco at a reqular meeting held on the llth day of June ! , 1986 , by the following vote: AYES: Councilmembers Mark N, Addiego, John "Jack" Drago, Richard A. Halley, Gus Nicolopulos and Roberta Cerri ie§lia NOES: NonP ABSENT: Nnn~ ATTEST:,~y~ ~ City Clerk Exhibit "l" to Resolution No. 106-86 RECISION OF AGREEMENT RESTRICTING THE iUSE OF REAL PROPERTY THIS AGREEMENT, is entered into on the //Fi--day of ~u~-~ , 1986, by and between the City of South San FrancisCo, hereinafter "City", and SANJAYLYN Company, a California general partnership hereinafter "Developer". WHEREAS, Developer has previously agreed to restrict the use of a portion of that certain Parcel Map entitled "SANJAYLYN Parcel Map", being a resub- division of Lots 1, 2 & 3, Block 4, as desigBated 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 Developer has undertaken the reconstruction of the existing building and has fully complied with the bui)ding and safety requirements set forth by the City of South San F~ancisco and the conditions placed on approval of the above-referenced Parcel Map; NOW THEREFORE, the City of South San Francisco hereby rescinds that certain "Agreement to Restrict the Use of Real Property" (attached hereto as Exhibit "1", which Exhibit is incorporated herein by reference as though set forth verbatim), entered into on t~e 13th day of February, 1986 by and between the City of South San Francisco and Sanjaylyn Company and filed in the Office of the Recorder of the County_of San Mateo, State of Californiai on February 27, 1886, Document No. 86021200. IN WITNESS WHEREOF, the City of South San Francisco have caused this Agreement to be executed as of tffe day and year first above written. CITY OF SOUTH SAN FRANCISCO a MuniCipal Corporation ATTEST: personally kno~ to me (or proved to me on the basis of satisfactory eviden~ to ~n who executed ~ LOUIS 6 ~EUCCl ~~/ .eXecuted it. , ~ comm. ~res ~AR ~, Ig~ ~ WI~E~/ my hand and official seal Notary' s Signature CIVIL CODE SECTION 1191 - Public Corporation, Agency Or Political S~ivision Acknowled~ent AFTER ~.-CORDATION RETURN TO: CITY. CLERK BARBARA A. BATTAYA RITY-OF SOUTH SAN FRANCISCO P.O. 60X 71l cQUTII SAN .FRANCISCO, CA 04083 .... '- -- RESOLUTION NO. 28-B6 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO RESTRICT THE USE DF REAL PROPERTY ("SANJAYLYN PARCEL MAP" - PM-85-238) EXHIBIT 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 that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of So~th San Francisco at a regular meeting held on the 12th day of February , 19_86 ,, by the f?llowing vote: AYES: NOES: Councilmembers Mark N. Addiego, John "Jack" Drago, Richard A. Haffey; and Roberta Cerrt Teglia None ABSENT: Councilmember Gus Ntcolopulos 5T^TE OF CALl' COUNTY OF( c{ico, {tie' . ,. ' ' EXHIBIT ! TO RESOLUTION NO. 28-86 AN AGREEMENT TO RESTRICT THE USE OF REAL PROPERTY THIS AGREEMENT, is entered tn~o on the 13th day of February by and 'between the City of South San Francisco, hereinafter 'City', and SANJA~LYN 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. South San Francisco, San Mated County, California,' filed in l~e Office of the Recorder of the County of San MateD, State of California on September 14, 1956 in Book 46 of maps at Pages 4, 5 & 7, SoUth San Francisco, San Mated County, California (hereinafter l~e '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 a~ree to restrict certain portions of the Property to open space uses in order to comply with applicable provisions of the Unifom 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 re~lected 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 apDroved 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 ~ recordable form. O~ 3. In the event that the Developer, Developer's agents, successors ~1~ 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 exclusive~ ,. 4' '~his Agreement shall be recorded concurrently with the Parcel Map- IN WITNESS WHEREOF, the parties hereto I~ave caused this Agreement to be executed as of the day and year first above written CITY OF SOUTH SAN FRAN~//SCO ATTEST: a Mu~a/1C7o.7~ Depu:y ~;~D' t~anager/Con~nunJty Development & Adm~ n i st rail on -2- STATE OF'CAT.rm3~ ) SS COUNTY OF SAN FRANCISCO ) PERSONATL~K~E~ TO ME (OR PROVED TO ME ON ~HE BASIS OF SAT~._~TORYC~vJ.d~ENCE) TO BE ~HE PARSlqERS OF ~HE PA~RSH]~ ~HA.T EXECUTm~ I~E WI'IMIN l~!~I2~ff ~ , IN THEYEAR1986, BEFORE -3- ~ City of South S~n Frm~cis®, County of S~n Mateo, S~ of C~o~, ~~ ~ fol~: ~~ N 1~ 32' E 72.45 f~ ~ ~ ~~ly ~ of ~C 3 ~ ~p ~ f~ed ~ ~ office of ~ ~ ~~ of ~ ~ ~, ~~{m, ~ ~t-,;~ 14, 1956 ~Vol~ ~ of~s at p~ 5, 6 ~ 7; ~e ~ S~d -~rly ]~ 20.00 f~t; ~ 1~ s~d ~ly ~ of ~~yN 72° 55' E 351.74 feet ~ a~t ~ ~e~st~ly ~e of ~t 8 ~ s~ ~ s~d ~; ~ ~ s~d ~ly ~ S 1~ 07' 24" E 20.~ f~; ~e 1~ s~d ~st~ly 3{~ S 72° 55' W 351.60 feet to ~ po~t of ~~. -4- RF.¢O~OgO aT RF.~UES? OF }2 36 'RE- .~,V,, CHURCH. RECGRDER :MF" ~ OF;ICI,L RECORD~ AF., ~ ' / 86066656 I~ECORDER'S MEMO~ 'POOR RECORD I$ DUE 1'0 (~IJKUTY OF ORIGINAL DOCUMENT