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HomeMy WebLinkAboutReso 225-1985 RESOLUTION NO. 225-85 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING AND AUTHORIZING AN ADDENDUM TO THE JOINT POWERS AGREEMENT ENTITLED "JOINT POWERS AGREEMENT SAN MATEO COUNTY HARBOR DISTRICT AND THE CITY OF SOUTH SAN FRANCISCO" BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. Approval of AddendumJ The addendum to the Agreement entitled "Joint Powers Agreement San Mateo County Harbor District and the City of South San Francisco" between the San Mateo County Harbor District and the City of South San Francisco is hereby approved and authorized, and a copy of said Addendum is attached hereto as Exhibit "1". 2. Execution of Addendum. The Mayor is hereby authorized to execute said addendum on behalf of the City, and the City Clerk attest his signature thereto, and assure recordation thereof. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a reqular meeting held on the 23rd day of October , 19 85 , by the following vote: AYES: Councilmembers Mark N. Addieqo, Emanuele N. Damonte, Richard A. Haffey and Gus Nicolopulos NOES: None ABSENT: Councilmember Roberta Cerri Teqlia ATTEST: ~City Cle~rk~ ADDENDUM TO JOINT POWERS AGREEMENT WHEREAS, the City of South San Francisco and the San Mateo County Harbor District entered into a revised Joint Powers Agreement effective on November 11, 1977, governing the develop- ment and maintenance of Oyster Point Marina/Park, granting to the San Mateo County Harbor District the primary responsibility for said development and maintenance, and I,~EREAS, Oyster Point Village Associates (a California limited partnership) and Oyster Point Village Associates, Inc. (a California corporation), as the respective developer/lessees of Parcels B and D at Oyster Point Marina/Park, require a building restriction outside the boundaries of their parcel lines to allow the buildings they have proposed and have partially built on their site to conform to the City's distance requirements between two structures for fire protection purposes, and ITHEREAS, each of the undersigned public entities has an interest in said lands and in the Joint Powers Agreement in that the City of South San Francisco (and potentially the South San Francisco Park and Recreation District) are the owners of said lands, with a reversion to them of all obligation and respon- sibility of development and maintenance to occur prior to the expiration of the leaseholds for Parcels B and D. NOW, THEREFORE, BE IT RESOLVED by each of said public entities as shown by their official signatures affixed below, that the Joint Powers Agreement between the San Mateo County Harbor District and the City of South San Francisco effective EXHIBIT "1" TO RESOLUTION NO. RPD-4 I EXHIBIT "1" TO RESOLUTION NO. 225-85 Slated Cali f0rnia ) On this the 4thday of November , 19~_, before me SS Evel --~ountyof San Mateo 'I ' yn J. Phibbs, a Notary Publ;c OFFICIAL SEAL  I~VEt YN J PHIBBS · NOTAI~' PUBLIC ' CALIFORNIA ~'ly c~mm. expires ~R ~. 1~ personally appeared R~rhard A. Haffey personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Chairman of Park Rorr~at~on and Pa.rk~ay Dictrict and acknowledged to me .executed it. WITNESS my hand and official seal y' s Sigf~ature CIVIL CODE SECTION 1191 - Public Corporation, Agency or Political Subdivision Acknowledgment ' Stateof California ~ On this the 4th day Of November , 1985 , before me ~' County OT' San Mateo ; Evelyn .] Phihh$, a Notary Public' ~ __ personally appeared Richard A Ha~fey ~ personally known to me (or proved to me on the basis ~ ........ ~ ~_~ ..... ~ - · of satisfactory evi.~ence) to be the person who executed ~ ~. ~ ~ OFFICIAL SEAL ', this instrument as mayor ~ , ~ EVI~IYN J PHIBBS ~ of the City of South San Francisco · ( ~.'q~ NOI'AI~' PUBLIC - CALIFORNIA [ . . ~ · ~ ' ~"',~.~%>~ SAN MA~0 COUNTY ( and acknowledged to me that .e WITNESS my hand and official seal Notary' s Signature gIVIL CODE SECTION 1191 - Public Corporation, Agency or Political Subdivision Acknowledgment November 11, 1977 and previously recorded in the County of San Mateo is hereby amended to add the following paragraph: 23. Notwithstanding any other provision in this Joint Powers Agreement to the contrary, all of the property described in the legal description attached hereto as Exhibit A (Parcel 1 and Parcel 2), as reflected on the maps attached hereto as Exhibits B and C, is hereby restricted for the sole purposes of public park use. No structure, of any nature whatsoever, shall be allowed to be constructed in said areas by any of the undersigned, any lessee, or any other public or private individual or entity, except as generally required to maintain said parkland, or to accommodate util- ities or for other similar purposes, in each case without the building of any permanent structure so as to maintain the surface of said land as parklands. The only exceptions to this restriction shall be any structure approved by the City of South San Francisco as conform- ing to building code requirements regarding fire protection. Dated: Dated: ATTEST: Dated: ATTEST: October 23, 1985. October 23, 1985. October 2--3, 1985. 2 SAN MATEO COUNTY HARBOR DISTRICT B~:o~~Fr~~C ~TY OF ~OUTH SAN FRANCISCOt SOUTH SAN FRANCISCO PARK AND RECREATION DISTRICT Ri chard A. Haffey __ City Ct EXHIBIT "1" TO RESOLUTION NO. RPD-4 EXHIBIT "1" TO RESOLUTION NO. 225-85 Addendum to Joint Powers Agreement ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, BEING A PORTION OF "REMAINDER PARCEL 1" AS SHOWN ON THAT CERTAIN PARCEL MAP, IDENTIFIED AS PM 84-223 AND RECORDED IN BOOK 55 AT PAGES 61 THROUGH 64, SAN MATEO COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 BEGINNING AT THE NORTHEAST CORNER OF PARCEL "B", AS SHOWN ON SAID MAP, THENCE NORTH 86°00' 31" EAST 25.00 FEET; THENCE SOUTH 3o59'29" E. AST 261.43 FEET: THENCE SOUTH 41°00'31" WEST 62.43 FEET, THENCE SOUTH 48059'29" EAST 233.00 FEET; THENCE NORTH 41°00'31" EAST 65.00 FEET; THENCE SOUTH 48o59'29'' EAST 81.60 FEET; THENCE NORTH 41°00'31" EAST 116.09 FEET; THENCE SOUTH 80o00'00" EAST 152.38 FEET; THENCE SOUTH 10o00'00" WEST 25.00 FEET TO A POINT ON THE NORTHERLY LINE OF PARCEL "D", AS SHOWN ON SAID MAP; THENCE WESTERLY ALONG SAID NORTHERLY LINE AND NORTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL "B" BY THE FOLLOWING COURSES: NORTH 80o00 00" WEST 138.24 FEET; SOUTH 41o00 31" WEST 126.95 FEET; NORTH 48o59 29" WEST 81.60 FEET; SOUTH 41o00 31" WEST 65.00 FEET; NORTH 48o59 29" WEST 288.00 FEET; NORTH 41o00 31" EAST 82.07 FEET; NORTH 3o59'29" WEST 244.00 FEET TO THE POINT OF BEGINNING. PARCEL 2 BEGINNING AT THE WESTERLY TERMINUS OF THAT CERTAIN COURSE IN THE NORTHERLY LINE OF PARCEL "B", AS SHOWN ON SAID MAP, HAVING A BEARING OF NORTH 88o31'42" EAST AND A DISTANCE OF 194.21 FEET; THENCE LEAVING SAID LINE NORTH l°28'18'' WEST 25.00 FEET; THENCE AT RIGHT ANGLES NORTH 88o31'42'' EAST 154.21 FEET; THENCE AT RIGHT ANGLES SOUTH l°28'18" EAST 25. 00 FEET TO A POINT ON SAID NORTHERLY LINE; THENCE WESTERLY ALONG SAID LINE SOUTH 88o31'42'' WEST 154.21 FEET TO THE POINT OF BEGINNING. ,PC-EL. OYSTER POINT BOULEVARD N 34e49'OS"E cd3, 104 8.07' .% PARCEL I PARCEL B "~'% 5'P G.& E. EASEMENT (5702 aR. 385) ~g~CEL '2... _ZS'ROADWAY EASEMENTS (146Z QR. 2) .- .- ; LOCATION MAP FOR PARCEL I 8, PARCEL 2 ADDENDUM TO JOIN POWERS AGREEMENT