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Home My WebLink AboutReso RPD 5-1985 RESOLUTION NO. RPD-5 SOUTH SAN FRANCISCO PARK RECREATION AND PARKWAY DISTRICT, 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 Board of Directors of the Park, Recrea- tion Parkway District of the City of South San Francisco that: Ratification of approval of leasehold agreement. 1. The leases of Parcels B and D located within the Oyster Point Marina, approved by the City Council on January 9, 1985, by its Resolution No. 10-85, are hereby ratified. Approval of Amendments. 2. 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. 3. The Ex-Officio Chairman is hereby authorized to execute said amendments to Leasehold Agreements on behalf of the Park, Recreation and Parkway District, 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 Board of Directors of the Park Recreation and Parkway District of the City of South San Francisco at a special meeting held on the 23rd day of AYES: NOES: ABSENT: October , 19 85 , by the following vote: Commissioners Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey and Gus Nicolopulos None Commissioner Roberta Cerri Teglia -2- AMENDMENT 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 I,~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 t1~e 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. Notwithstanding 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 l~ssee, 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 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 2 San Mateo Evelyn J. Phibb.~, , Notary Public County of personally appeared Richard A. Haffpy 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~cn P~rk Recreation & ParkwavtriuTS and acknowledged to me that he executed it. WITNESS my hand and official seal Notary ' s Signal/ute CIVIL CODE SECTION 1191 - Public Corporation, Agency or Political Sul:mlivision Acknowledgment ~ ,~ ~meof Call f0rn~a ) On this the 4th day Of November , 1985 , before me ~ San Mateo ~% - -- 'Countyof San Ma eo ) Evelyn ,1 Phibbs. a Notary Public personally appeared C. W~ltpr Rirk-lo 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 Fran~iscn and acknowledged to me that he EVELYN J PHIBBS ' NOTARY PUBLIC - CALIFORNIA SAN MAtEO ~OO#TY t.',y c~mm. ~r~tres APR ~0, 1~6 ..executed it. WITNESS my hand and official seal CIVIL CODE SECTION 1191 - Public Corporation, Agency or Political Subdivision Acknowledgment CORPORATE ACKNOWLEDGMENT State of ~'~I ,l / ,~-~',,~3,4//,~..~ On th, C ~ ~SS 'sthe /~ dayof ~ ~~ 19~ before me, co~.,~o, ~ ~~-o ) ' ~~zzX ~. ~~~ , the undersigned Nota~ Public, personally appeared , - ................... ~ personally known to me ; ~ O~F!CIA. L SEAL ~ ~to me on the basis of satisfacto~ evidence , ~~ ~TE~'A 3 DE ~A ~SA ' to be tbeDerson(s) who executed thewithin in r ~ ~~ .o~..~ ~,:~uc - c~u~o..,. ' ~. ~ .... st u~ent as ~/" . - kA ~0 ~UNW , oron behalf of thecorporatlon thereto ~ ~ m. ~r~ J~ I~ 1~ ~ named, and acknowledged to me that the corporation executed it - ' ~ WITNESS~and and official seal. ~ Nota NATIONAL NOTARY ~S~IATION · ~2 Venlurm 8~. · FO. ~x ~ · ~1~ Hil~, CA ~ leases remaining amended herein. in full force and effect except as OYSTER POINT VILLAGE AS$OCIAI',..S ! OYSTER POINT VILLAGE ASSOCIATES, INC. MARTI CHRISTOr'F~:R,f~e s ident SAN MATEO COUNTY HARBOR DISTRICT ~N ~ :~~'P~es'ident <-/CITY OF SOUTH SAN FRANCISCO By ~ C.~'Walter Birkelo, City Manager SOUTH SAN FRANCISCO PARK AND RECREATION DISTRICT ATTEST: By Ri . Haffe ,~%Cti rman Barbara A. Battaya, Citf~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" EAST 39.60 FEET; THENCE NORTH 86°00'31" EAST 112.00 FEET; TO THE TRUE POINT OF BEGINNING. EXHIBIT "2" TO RESOLUTION NO. RPO-b, D L E:,4 L PLA T PU.E. (5594 OR. 55 R:205.00' £ L= 95.22' N46QO3'OS"E . . 208.~ N :~4°49'05"E ~ARCEL N 89° 59'05"E 104 8.C7' -~'~ 5'P. G.~ E. EASEMENT {5702 O.R. 585) A 125'ROADWAY EASEMENTS (1462 QR. 2) OYSTER POINT BOULEVARD PARC EL B LOCATION MAP AMMENDMENT TO LEASEHOLD', (,BUILDING RESTRICTIONS) EXHIBIT "2" TO RESOLUTION NO. RPD-5 EXHIBIT "2: TO RESOLUTION NO. 226-85 Amendment to Leaseholds (Building Restric%ions) 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 13 2 o 00 FEET; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL SOUTH 48°59'29" 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. (5594 R:205.0C~' '0 L: N 89° 59'05" E N46oO:5'O5"E . . ·. 20~ N 34°49'05"E A I0=, 8.07' -'~ 5'P G.6 E. EiSEI~ENT [5702 aR. 385) -25' ROADWAY EASEMENTS (146Z GR. 2.) ;. OYSTER POtNT BOULEV/~RO .. · ' 56.44~ PARC EL B LOCATION MAP AMMENDMENT TO LEASEHOLI: (BUILDING RESTRICTIONS) zgEECOIPTIO# PL~ T