HomeMy WebLinkAboutReso 30-1985 RESOLUTION NO. 30-85
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING THE PURCHASE OF
RIGHTS-OF-WAY FROM LOUIS J. AND NATALIA J.
POLETTI AND ELIAS S. HANNA (PRODUCE AVENUE
WIDENING IMPROVEMENT - PROJECT NO. ST-83-5)
WHEREAS, it is necessary to purchase certain rights-of-way from Louis J. and
Natalia J. Poletti, a married couple, and Elias S. Hanna, an unmarried man, in
order to accommodate the Produce Avenue Widening Improvement Project No. ST-83-5;
and
WHEREAS, negotiations have been concluded with Louis J. and Natalia J. Poletti
and Elias S. Hanna to obtain certain rights-of-way to accommodate the widening
of Produce Avenue; and
WHEREAS, the costs of acquiring said rights-of-way are as set forth in Exhibits
"1" and "2" attached hereto and by this reference incorporated herein as though
set forth verbatim;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that:
1. The City Manager is authorized to purchase rights-of-way from Louis J. and
Natalia J. Poletti and Elias S. Hanna, which rights-of-way are described in
Exhibits "3" and "4" attached hereto and by this reference incorporated herein
as though set forth verbatim, and to pay as consideration for said rights-of-way
the amounts set forth in Exhibits "1" and "2."
2. The City Manager is appointed as the City's agent for the purposes of
the acquisition described herein, and is hereby authorized to sign any and all
documents necessary to accomplish said purchases in accordance with the conditions
set forth in Exhibits "1" and "2."
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 13th day of February , 1985, by the following
vote:
AYES: Councilmembers Mark N. Addieqo, Emanuele N. Damonte, Richard A. Haffev;
and Roberta Cerri Teqlia
NOES: None
ABSENT: Councilmember Gus Nicolopulos
ATTEST
· CAT. el~. NN00582
TO 1923 CA 12--83)
,,,namv,aual Grant Deed ·
The .undersigned grant, or(s) declare(s):
DoCUmentary transfer tax is $
( } computed on full value of property conveyed, or
( ) computed' on full value less value of liens and encufiabrances remaining at tlme of sale.
........ ) UnincorDo.rated area: ( ) City of. . .~ and
)R A VALUABLE CONSIbERATION, receipt of which is hereby ac -knowledged,
Lobt~ PJletl~f. and Itatal~a Polett~
hereby GRANT(S) to
trte' C~t~' of
the following described ~eal property in the
Countg. of San l~ateo
Parcel 4 sJ~own
S~out~L San Fra.nci;.~co
Ctt'~..of Sout)t San Francis. co,
a body politic
tn Exkih~t."A," attached., hereto-.
Dated:
cou, os
me, the unde~ign~, a ~ota~ PubIic ~ ~d for s~d State,
per~naIly kno~ to me or ~roved to me on the b~ o[ sat-
~[acto~ evidence to be the pe~on~who~ name s
subsc~bed to the wkhin {n~t~ment and acknowledged
that ~ executed the same.
WtT~ESS ~y hand and official seal.
,' ~T__~,~ JOSEPH N FIGUEIREDO
~ ~ My c~m. explr~ ~T 25,
(~is asea for official notarial seal)
Escrow or Loan No.
MAIL TAX STATEMENTS AS DIRECTED ABOVE
[-~ .... Order No..
EXHIBIT "A"
PRO'DUCE AVE
· WIDENING PARCEL FOUR
REAL PROPERTY IN THE' STATE OF CAI~IFoRNIA, COUNTY OF SAN I~ATEO,
CITY OF SOUTH SAN FRANCISCO A PORTION OF THE PARCEL DESCRIBED IN
THE DEED FROI%'I ZUBERBIER TO POLETTI RECORDED 2[ULY 13, I~)70 UNDER.
SERIES NUMBER 28911AD IN THE OFFICIAL RECORDS OF THE ABOYE
COUNTY AND STATE MORE PARTICULARLY DESCRIBED AS. FOLLOWS-.. '
BEGINNING AT THE EASTERLY coRNER OF SAID PARCEL THIS ALSO BEING
THE POINT OF BEGINNING OF SAID DEED AND. A POINT ON THE WESTERLY
LINE OF PRODUCE AVENUE AS RELINQUISHED BY THE STATE 'OF
CALIFORNIA TO THE CITY OF SOUTH SAN FRANCISCO AS PARCEL 3 IN A
DEED RECORDED ZIUNE 23) I95~) UNDER SERIES NUMBER 13603R IN THE
OFFICIAL RECORDS OF THE ABOVE COUNTY AND STATEt THENCE S 750 5/'
57" W ALONG THE SOUTHERLY LINE OF SAID POLETTI PARCEL t).71 FEET TO
A POINT. OF CUSP WITH A CURVE CONCAVE TO...TFIE SOUTHWEST WITH A
RADIUS' OF 525 FEET; THENCE NORTHERLY AND WES'I'EP~.LY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 00o 37' 58" AN ARC DISTANCE OF
5.80 FEET TO A POINT OF CUSP FROM WHICH THE RADIUS POINT BEAR3 S
81o 38' 58" W; THENCE S 7go t~2' 1~" W 5,01 FEET-TO A POINT OF CUSP WITH A
· CURVE CONCAVE TO THE SOUTHWEST FROM WHICH THE RADIUS POINT
BEARS S 81o ~0~ ~0" W 520 FEET; THENCE NORTHERLY AND WESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 020 08' 19'~ AN ARC
DISTANCE OF 19.t, 1 FEET TO A POINT OF CUSP WITH SAID WESTERLY LINE
OF PRODUCE AVENUE; THENCE S 300 35' 3[}" E ALONG SAID WESTERLY LINE
26°#5 FEET TO THE POINT OF BEGINNEqGo
THIS PARCEL CONTAINS i;l SQUARE FEET I%IOR. E OR
N OZ°4'8'
EANDS 0~,' · P...O...L..ETT!
' ' 28911 AD . t....~~
PRODUCE
Ck.
Approved:
WILSEY & HAM
1035 E. HILLSDALE EILYD., FOSTER CITY, CALIF. 94404 · :349-2151
CITY OF SO. SAN FRANCISCO
PROPOSED WIDENING OF
PRODUCE AVENUE
COUNTY OF SAN MATEO..~...
DWG.
SCALE: I"=§'
DATE: 2/84
BK. NO.
'TO '1923 CA (2--:33]
Thc u~dersi~ed ~dntor(s} declare(s): "
Document~ ~ansfer r~x is $. _ : .
(. ) computed on full value of proper~ conveyed, or
( ) computed on full value less v~ue of liens ~nd encfimbrances remaining at time ~f szle.
~ ) Oninco~orated area: ( ) City of , and.
OR A VALUABLE CONSIDE~TION,'recdpt of which is hereby ac~owlcdged,
hereby GRANT(S) to
~ Ct'i:.y Of Soutk San Fr'anci~co
the following described real property in thc C~.t~.. of S. outk San Franci. sco, A BOdy
County of San Mateo -:'- ' , ,State of Califomia:
- _,:-:~=.~. -.- ;.
Parc'el~ 1, 2 knd 3 shown
tn ExFtik[t Y'A," attached hereto,
Poli ti c
30-85
Dated.- 3.i/3:1./85..
STATE OF CALIFORNIA
COUNTY OF · San. Franc < s c o )ss.
on January 31st, 1985
mc, thc undersigned, a No~ Public ~ and for said State,
pe~on~yapp~r~ Elias S. H~a
~~~~ or proved to me on the b~sis
isfacto~ e~dcncc to be the pe~on~whose n~m~
subscribed to thc within inst~mcnt and acknowledged
that ~ executed thc same.
WITNESS my hand und official seal.
: ~. '~'~ JAMES T. BURKE
1~}?] ItOT^RY PUBLIG-GALIFORN1A
Cl~ h COUNTY OF SA~ FRANCISCO
My Commission Expir~ April 15, 1987
q...: Order No.
Escrow or Loan No.
(Thi~ area for official notar;:l sc~l)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
I[I
EXHIBIT "A"
PRODUCE AVE,-NUE
WIDENING. PARCEL O~
REAL pROpERTY IN THE STATE OF CAI~IFORNIA, COUNTY' OF SAN MATEO, CITY
.OF SOUTH SAN FRANCISCO A PORTION OF PARCELS ONE AND .TWO AS
DESCRIBED IN THE DEED FROM BARRETT AUTO RENTING AND LEASING TO
HANNA RECORDED 3LINE 25, 1976 UNDER SERIES NUMBER 0900~9A3 IN THE
OFFICIAL RECORDS OF THE ABOVE. COUNTY~ AND STATE MORE PAP. TICULA .RL¥
DESCRIBED AS FOLLOWS:' ,.
BEGINNING AT THE POINT OF BEGINNING OF SAID DEED THIS BEING A POINT
THE WESTERLY LINE OF PRODUCE AVENUE AS RELINQUISHED BY THE STATE OF
CALIFORNIA TO THE CITY OF SOUTH SAN FRANCISCO BY A DEED RECORDED
3UN.E'23, 1959 UNDER SERIES NUMBER .13603R IN THE OFFICIAL RECORDS OF
ABOVE COUNTY AND STATE; THENCE ALONG SAID WESTERLY LINE N 020/~
W 72.59 FEET TO THE SOUTHERLY LINE OF THE MAP OF A PORTION OF SECTION
2g T.3S. - R.5\V. (M.D.B.~dVI.) RECORDED IN VOLUME ~7'OF PARCEL MAPS AT PAGE
g IN THE OFFICIAL RECORDS OF SAID COUNTY AND STA'I/5; THENCE S 76° 0g' 21"
W ALONG SAID LINE 6.11 FEET TO A LINE 6 FEET DISTANT FROM AND PARALLEL
WITH SAID -WESTERLY LINE OF PRODUCE AVE; THENCE ALONG SAID 6 FOOT
DISTANT LINE S 02° ~l~' 30" E 71.~3 FEET; THENCE CONTINUING ALONG SAID LINE
S 03° Oat 30" E M6.07 FEET; THENCE CONTINUING ALONG SAID LINE 15 020 ~2' f0" E
208.75 FEET TO A CURVE TO THE RIGHT WITH A RADIUS OF 32 FEET; THENCE
SOUTHERLY AND WESTERLY ALONG 5AID CURVE THROUGH A CENTRAL ANGLE
OF 7go ~0' 07" AN ARC DISTANCE OF ~3.1)g FEET~ THENCE $ I~o 02' 03" E 6.~I FEET
TO THE NORTHERLY LINE OF TERMINAL COURT, 63.73 FEET WIDE; THENCE
THROUGH A POINT OF CUSP AND ALONG SAID NORTHERLY LINE N 750 57' 57"
1~.59 FEET TO A CURVE TO THE LEFT WITH A RADIUS OF 20 FEET; THENCE.
NORTHEASTERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 78° ~0' 07" AN ARC DISTANCE OF 27.~6 FEET TO SAID
WESTERLY LINE OF PRODUCE AVENUE; THENCE ALONG SAID WESTERLY LINE N
020 ~2' I0" W 2,2~.35 FEET AND N 03° 0g' 30" W g6.0g FEET TO THE POINT OF
BEGINNING. .
THIS PARCEL CONTAINS 2653 5QUIRE FEET~ MORE OR LESS.
[:XHIBIT "A"
;
PRODUCE AVENUE
WIDENING PARCEL TWO
REAL PROPERTY IN THE COUNTY OF 'SAN MATEO, CITY OF SOUTH SAN
FRANCISCO, STATE OF CALIFORNIA A PORTION OF PARCEL B AS SHOWN ON THE.
MAP OF A .PORTION OF SECTION 2g T.35. - R.SW. (M.D.B.&M.)~ RECORDED IN
¥OLI3IVIE g7 OF PARCEL MAP5 AT PAGE' g OF THE OFFICIAL RECORDS OF /'HE
ABOVE COUNTY AND STATE MORE PARTICULARLY DESCRIBED A5 FoLLOws:
A STRIP 6 FEET IN WIDTH PARALLEL WITH AND ABUTTING PKODUCE A~SNUE~
THE WESTERLY LINE OF SAID 5TRIP BEING SH(.~RTENED OR PROLONGED TO MEET'
THE NORTHERLY AND SOUTHERLY LINES OF SAID PARCEL B.
THIS PARCEL CONTAINS ~01 SQUARE FEET MORE OR LESS.
EXHIBIT ."A"
PRODUCE AVENUE
VaDENING P mCEL THREE
· REAL PROPERTY IN THE COUNTY OF SAN MATEO, CITY OF SOUTH SAN
FRANCISCO~ STATE OF CALIFORNIA A PORTION OF PARCEL' A AS 5HOV/N ON THE
MAP OF A PORTION OF SECTION 2{; T.3S. - R.SV~. (M.D.B.&M.)~ P, ECORDED IN
VOLUME ~$7 OP' PARCEL MAPS AT PAGE ~ OF THE OFFICIAL RECORDS OF THE
ABOVE COUNTY AND STATE MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP 6 FEET IN WIDTH PARALLEL WITH AND ABUTTING PRODUCE AVENUEs
THE WESTERLY LINE OF SAID 5TRIP' BEING SHORTENED OR PROLONGED TO MEET
THE N. ORTHERLY AND SOUTHERLY' LINES.OF SAID PARCEL A.
· THIS PARCEL CONTAINS 717 SQUARE FEET MORE OR LES5.
LANDS bF...,_H.ANNA
090049 A J, PARCELS 1 8, 2
PRODUCE AVE.
BAYSHORE FREEWAY
Ck.
Approved:
WILSEY & HAM
11035 E. HILLSDALE BLVD.. FOSTER CITY, CALIF. 94404 ,, 349-21511 ·
CITY OF SO. SAN FRANCISCO
PROPOSED WIDENING OF
PRODUCE AVENUE
COUNTY OF SAN MATEO~,~,:.~_..._.
DWG. NO.
SCALE: I"=
DATE: 2/84
BK. NO.
PARCEL B
/+7' PM 8 _
t
%
PARCEL
z,7 PM 8
PARCEL 2 - 401 S F
N 04° 18'40"W 66.87' 6' ~'
PRODUCE AVE.
A
Ck.
Ap~,,.¢ed:
BAYSHORE FREEWAY
WILSEY & HAM ·
:1035 £, HILLSDALE I~LVD., FOSTER CITY, CALIF, 94404 · 349-2~151
CITY OF SO. SAN FRANCISCO
PROPOSED WIDENING OF
· PRODUCE. AVENUE
COUNTY OF SAN MATEO_,~..~ ......
DWG. NO.
:~-~_~.
SCALE: I"= 20'
DATE: 2/84,
BK. NO.
~7 M8 .
PARCEL:,..... A
/,7 PM 8 -.._ ....... ,
N 04° 18'40"W 119.52'
PARCEL. 3 - 717 SF
N 04<' 18' 40"W I 19.52'
PRODUCE
BAYSHORE FREEWAY
App ~d:
WILSE~' & HAM
1035 £. HILLSDAL£ BLVD., FOSTER CITY, CALIF. 94404 · 349-~'~'5!
CITY OF SO. SAN FRANCISCO
PROPOSED WIDENING OF
PRODUCE AVENUE
COUNTY OF SAN MATEO
DWG. NO.
SCALE: I": 20'
DATE: 2/84
BK. NO.
Scu'th San Francisco, Call mia
.. EXHIBIT "1"
,'1984
TO ~E$OLUTION NO. 30-85
Project
~lo. $T-83-5
.CITY OF SOUTH SAN FRANCISCO
<. .REAL PROPERTY CONTRACT
The attached document in 'the form of a Grant PP-a has been executed and de-
livered.to Ro~6~ S.'¥e6,'Acquisition Agent for the City of South ~n Francisco.{here-
inafter called "City").
In consideration of which, and the other confederation hereinafter set forth, it is
mutually ~greed as-follows: m
'l. The' parties have herein set forth the whole of thei~ agreement.. ~he per-
formance of this agreement constitutes the entire consideration for said
'document and shall ~elieve the City of allfurther obligations or ¢laim~
on.'this account, or on account of the location; grade, construction~ or
oper~ti6n of the proposed public, improvement~
The Ci£y shall:
A. Pay Qll escr%, recording, and ti£1e insurance charges, if any incurred
· - in this transaction and if title insurance is desired by the City the
premium charged'therefor.
B. Pay 'the sum of ~ 95~.00 for the property described in said docu-
ment to the following title company TICOR, 1035 E. Hillsd~le..~. ~_Eos~er
for the account of the Grantor, EsC~:ow No. ~81679'- Conditioned upon
the property vesting in the City free and clear of all liens, leases', en-
cumbrances, easements {recorded and/or unrecorded), assessments, and taxes
except: .
(1) Taxes for the-fiscal year-in'which this dscrow closes shall be
cleared and paid in the manner required ky Section 4986 of the
Revenue and Taxation Code, if unpaid at the close of escrov~.
Typewri-tten exceptions number _m/a ' listed in.the
title report relating to the subject property issued by the above
identified Title Company bearing the. escrow number shown in
paragraph 2B and dated A~u~t 20,198l+ .
The escrow agent may .expend any or alt monies payable ·under this agreement to
~ischarge any obligations which are liens upon the property, including but
not limited to those arising from judgments, assessments, delinquent taxes
for other than the fiscal year referred to in paragraph 2B{1), or debt~ secured
by deeds of trust or mortages, together with penalty, if any, for payment in
full in advance of maturity, and/or any other incidenta), costs other than those
spec.if!ed in paragraph 2A hereof ~to.be borne by the City.
Permission is hereby granted to the City for its authorized agent to enter
upon the Grantor's Land as outlined in red on the map attached hereto and
made a part hereof for the'purpose of conforming Grantor's existing driVeway{s)
with the new grade of the street and for the purpose of sloping Grantor's
property to back to sidewalk. The permission to enter described above shall
terminate upon the completion of the above stated project.
It is agreed and confirmed by the parties hereto that, notwithstanding'
other provisions in this contract, the right of possession and use of the
subject property by the City, including the right to remove and dispose of
improvements, shall commence on N/A
-or the close of escrow controlling th(~ tra6sactio~-; whichever odc'~-s"first,.
and that the amoun'~' sheen in paragraph 2B herein includes, but is.not limited
to, fu11"payment for such Possession and use, including damages, if any, from
said date°
ReCommended`
City Right~-6f-Way Ageni~
AppA~ved by:
Gran for(s)
FILE NO.:..
· ' 1~ EXHIBIT "2"
~'outh San Frar, cisco, Ca ,orr~:.To RESOLUTION NO. 30-85
· 1984
Project Ilo. ST-83-5
CITY OF SOUTH SAN FRANCISCO
REAL PROPERTY CONTRACT
The attached document in the form of a Grant D~ed . has been executed and des
livered to Ro~t S. Yee, Acquisition Agent for the Ci:y of South San'Francisco {here-
inafter called "City").. .
In consideration of which, and the Other considerations hereinafter setl forth, it is
mutually 6greed as follows: ~
'l. The parties have herein set forth the whole of their agreement. The per-
formande of this agreement constitutes the entire consideration for said
document and shall relieve the City of a~l further obligations or claims
on'this account, or on account of the location, grade, construction, or
operation of the proposed public improvement.
2. The City shall:
Pay all escrow· recording· and 'title insurance charges, if any incurred
in this transaction and if title insurance is desired by the City the
premfum charged therefor.
/net of all expenses except for accrued taxes
Pay the sum of $3~4,75.4.00 · for the property described in said docu-
ment to the following title company TICOR, 1035 E. Hillsdale Blvd., Fritter City
for th~ account of the Grantor· Escrow No. ~L~16~8 conditioned upon
the property vesting in the City free and clear of all .liens, leases, en-
cumbrances, easements (recorded and/or unrecorded)· assessments, and taxes
except:
{1) Taxes for' the fiscal year in whiCh.this escrow closes shall be
cleared and paid in the manner required by Section 4986 of the
Revenue and Taxation Code, if unpaid at the close of escrow.
ll& 21
{2) Typewritten exceptions number}~+,~;,G,?,$,lO~listed in the
title report relating to the subject property issued by the above
';dentified Title Company bearing the escrow number shown in
paragraph 2B and dated January 24,_: 1985 .
Th! escrow a~ent may expend any or all monies payable under this agreement to
discharge any obligations which are liens upon the property, including but
not limited to those arising from judgments· asses.sments, delinquent taxes
For other than the fiscal year referred to in paragraph 2B(1), or debts secured
by deeds of 'trust or mortages, together with penalty, if any, for payment in
full in advance of maturity· and/or any other incidental.costs other than those-
specified in paragraph 2A hereof to be borne by the City.
Permission is hereby granted to the city for its authorized agent to enter
upon the Grantor's Land as outlined in red on the map attached hereto and
made a part hereof for the purpose of conforming Grantor's existing driveway(s)
with the new grade of the street and for the purpose of sloping Grantor's
property to back to sidewalk. The permission to enter described above shall
terminate upon the completion of the above stated project.-
It is agreed and confirmed by the parties hereto ~hat~ notwithstanding
other provisions in this contract, the right of possession and use of the
subject property by the City, including the right to remove and dispose of
improvements, shall con, hence on N/A
or the close of escrow controlling this Eransaction,.wh~ichever Occurs fi6st,
and that the amount shown in paragraph 2B herein includes, but is not limited
'to,~fUll payment for such possession and use,'including damages, if any, from
said'date.
Reco~nendod .by':: -~
CitY- Righ,:-of-Way Agent
App/r~qved by: ~ . r~
~ty g
Grantor(s)