HomeMy WebLinkAboutReso 226-1985RESOLUTION N0.226-85
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING AMENDMENT TO OYSTER POINT MARINA LEASES
WHEREAS, the City of South San Francisco and the San Mateo County Harbor
District have entered into a Joint Powers Agreement for the operation and
maintenance of the Oyster Point Marina; and
WHEREAS, in order to carry out the goals and objectives of the Oyster
Point Marina Specific Plan it is necessary that certain parcels within the
Oyster Point Marina be leased to private entities for periods that will
exceed the term of the Joint Powers Agreement between the City and the Harbor
District; and
WHEREAS, the City of South San Francisco owns portions of the Oyster Point
Marina; and
WHEREAS, the City Council, by its Resolution No. 10-85 approved the leases
of Parcels B and D located within the Oyster Point Marina; and
WHEREAS, it is now necessary to amend those leases to restrict the con-
struction of buildings or structures within certain distances from parcel lines;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that:
Approval of Amendments.
1. The amendments to the leases of Parcels B and D, located within the
Oyster Point Marina, attached hereto as Exhibits "1" and "2", and incorporated
herein as though set forth verbatim, are hereby approved.
Execution of Agreement
2. The City Manager is hereby authorized to execute said amendments to
Leasehold A§reements 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 regular
meeting held on the 23rd day of October , 19 85 , by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Mark N. Addieqo, Emanuele N. Damonte,
Richard A. Haffev and Gus Nicolopulos
None
Councilmember Roberta Cerri Teglia
City Clerk
-2-
AMENDME:;T TO LEASEHOLD AGREEMENTS FOR
PARCELS B AND D AT OYSTER POINT ~RINA/PARK
(Building Restrictions)
WHEREAS, the San Mateo County Harbor District
and the City of South San Francisco have entered into a
leasehold agreement with Oyster Point Village Associ-
ates, a California limited partnership, for Parcel B at
Oyster Point Marina/Park, and with Oyster Point Village
Associates, Inc., a California corporation, for Parcel D
at Oyster Point Marina/Park, abstracts of which were
recorded on January 9, 1985 with the County of San Mateo
as documents 85002684 And 85002685, respectively, and
~,~EREAS, in the planned development of the two
parcels, it has become necessary to meet the require-
ments of the City of South San Francisco that certain
building restrictions be placed on said leaseholds to
conform with the local regulations on the distance
between structures for fire prevention purposes, some
existing structures having already been built closer to
existing or proposed parcel lines than would normally be
allowed, and
WHEREAS, each of the undersigned lessees and
each of the undersigned public entities has an interest
in said land either as tenant, manager (pursuant to the
Joint Powers Agreement between the City of South San
Francisco and the San Mateo County Harbor District) or
owners of the land, and each agrees that these
EXHIBIT "1" TO RESOLUTION NO. RPD-5
EXHIBIT "1" TO RESOLUTION NO. 226-85
1
restrictions are to the mutual benefit of each of the
parties, and the public, thereby agree as follows:
1. Notwithstanding any other provision to
the contrary, the lease for Parcel B (currently de-
scribed and shown on that parcel map located at Volume
55, page 63 of the Maps of the County of San Mateo) is
hereby amended such that lessee, and any and all succes-
sors, agents or assigns, shall be restricted, throughout
the term of the lease and any extensions thereof, 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 maps
attached hereto as Exhibits B and C.
2. Motwithstanding any other provision to
the contrary, the lease for Parcel D (currently de-
scribed and shown on that parcel map located at Volume
55, page 63 of the Maps of the County of San Mateo) is
hereby amended such that lessee, and any and all succes-
sors, agents or assigns, shall be restricted, throughout
the term of the lease and any extensioms thereof, from
building, or allowing to be built, any structure within
the area described in the legal description attached
hereto as Exhibit E, and as reflected on the maps
attached hereto as Exhibits F and G.
This agreement shall become effective and be
entered into on the 23rd day of October, 1985, with all
other terms and conditions of the currently recorded
Stateo. f California ) On this the 4th day of November , 19.85, before me~
San Mate0 Evelyn J. Phibbs, a Notary Public
County of
~ ~ ~'~~% OFFICIAL SEAL '
' EVEtYN J PHIBBS ~
,SA,q fMC;.0 COUNW ,,
~ '~ ~,'.y c'm~m, e'$ifes APR 33. 19~
personally appeared Richard A. Haff~y
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 the South San Franci~rn Pnrk Recreation & Park~Vtri
and acknowledged to me that he
executed it.
WITNESS my hand and official seal
%Notary' -~ SignatUre
CIVIL CODE SECTION 1191 - Public Corporation, Agency or Political Subdivision Acknowledgment
, Stme~ California ) On this the 4th day Of November , 1985 , before me
, .... uoumyo, San Mateo y~ Evelyn ,1 Ph]bbs.' a Notary Public
personally appeared C. Waltpr Rirk-]o
personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person who executed
this instrument as City Manager
of the City of South San Franci~cn
and acknowledged to me that he
.executed it.
WITNESS my hand and official seal
CIVIL CODE SECTION 1191 - Public Corporation, Agency or Political Srbdivision Acknowledgment
CORPORATE ACKNOWLEDGMENT
NO. ~2
122
State ot ~"'~4 Z / ,r"~--,,,~ ,4//' ~
County of .~"'.~ A/
On this the /7 day of
!
19_~__4~efore me,
the undersigned Notary Public, personally appeared
[] personally known to me
~to me on the basis of satisfacto~ evidence
to be t~e person(s) who executed the within instrument as
//~ ~~
or on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS~and and official seal.
No~'~ignature ~
NATIONAL NOTARY ASSOCIATION · 23012 Ventura Blvd. * P.O. Box 4625 * Woodlan~l Hill~, CA ~1364
leases remaining
amended herein.
in full
force and effect except as
OYSTER POINT VILLAGE ASSOCIA'x'~S
!
OYSTER POINT VILLAGE ASSOCIATES, INC.
MARTI CHRISTOFFER,/~f~e s ident
SAN MATEO COUNTY HARBOR DISTRICT
~CITY OF SOUTH SAN F~NCISCO
A~EST: ~.~ ~'~ ' City Clerk
By
~ C.~ Walter Birkelo~ City Manager
SOUTH SAN FRANCISCO PARK AND
RECREATION DISTRICT
ATTEST:
By
Barbara A. Battaya, City°Clerk
EXHIBIT "2" TO RESOLUTION NO. RPD-5
EXHIBIT "2" TO RESOLUTION NO. 226-85
"A"
Amendment to Leaseholds
(Building Restrictions )
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF SOUTH
SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE NORTHERLY LINE OF PARCEL "B",
AS SHOWN ON THAT CERTAIN PARCEL MAP IDENTIFIED AS PM 84-223
AND RECORDED IN BOOK 55 OF PARCEL MAPS AT PAGES 61 THROUGH
64, SAN MATEO COUNTY RECORDS, SAID POINT ALSO BEING THE
EASTERLY TERMINUS OF THAT CERTAIN COURSE HAVING A BEARING OF
NORTH 88o31'42" EAST AND A DISTANCE OF 194.21 FEET; THENCE
SOUTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL SOUTH
3o59'29'' EAST 72.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID LINE SOUTH 3o59'29" EAST
28 00 FEET; THENCE LEAVING SAID LINE AT RIGHT ANGLES SOUTH-
86600'31'' WEST 140.00 FEET; THENCE. NORTH 41°00'31" E. AST
39.60 FEET; THENCE NORTH 86°00'31 EAST 112.00 FEET, TO
THE TRUE POINT OF BEGINNING.
EXHIBIT "2" TO RESOLUTION NO, RPD-5, EXHIBIT "2" TO RESO. 226-85
\ /
L EG~ L
DESC,~lpTIOW
. N 89° §9'05"E I0,~ 8.07'
(5ro94 QR. 53 J ~'Ct.. 5'P. G.:A EASEMENT
208 34'''"" · / ~_ ....' _25'ROADWAY EASEMENTS
~/ ... -
LOCATION MAP
AMMENDMENT TO LEASEHOLDS
(,BUILDING RESTRICTIONS)
EXHIBIT "2" TO RESOLUTION NO. RPD-5
EXHIBIT "2' TO RESOLUTION NO. 226-85
Amendment to Leaseholds
(Building Restrictions)
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF SOUTH
SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF PARCEL "D"
AS SHOWN ON THAT CERTAIN PARCEL MAP IDENTIFIED AS PM 84-223
AND RECORDED IN BOOK 55 OF PARCEL MAPS AT PAGES 61 THROUGH
64, SAN MATEO COUNTY RECORDS, SAID POINT ALSO BEING THE
SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE HAVING A
BEARING OF SOUTH 41°00'31'' WEST AND A DISTANCE OF 132.00
FEET; THENCE NORTHEASTERLY ALONG SAID LINE NORTH 41°00'31"
EAST 132.00 FEET; THENCE EASTERLY ALONG THE NORTHERLY LINE
OF SAID PARCEL SOUTH 48o59'29'' EAST 26.00 FEET; THENCE
LEAVING SAID LINE AT RIGHT ANGLES SOUTH 41°00'31" WEST
132.00 FEET; THENCE AT RIGHT ANGLES NORTH 48o59'29'' WEST
26.00 FEET TO THE POINT OF BEGINNING.
(5694 C~R. 55
R:205.0(~'
A:.26Q~8'2!
L: 95.
.N46OO3'OE"E . .
208.3
N 34°49'05"E
N 89° 59'05"E
I
'~o
· . A
-""'~ 5'P. G.I~ E. EASEMENT
{5702 O.R. 385)
~.25'ROADWAY EASEMENTS
(1462 QR. 2) ;. ;.
PARC EL B
BouLEVARD ,. · ' -
LOCATION MAP
AMMENDMENT TO LEASEHOLDS
(,BUILDING RESTRICTIONS)
DESCDIPTIO#
~Z~ 7'