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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)