HomeMy WebLinkAboutReso SPA 5-1983RESOLUTION NO, SPA-5~83
SURPLUS PROPERTY COMMISSION, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING AN "OFFER TO PURCHASE"
REAL PROPERTY BELONGING TO THE UNITED STATES OF
AMERICA AND AUTHORIZING CERTAIN OTHER ACTS IN
CONNECTION WITH SAID PURCHASE
WHEREAS, the Municipal Federal Surplus Property Authority Law (commencing
with Government Code Section 40500) (hereinafter "The Act") authorizes properly
established and organized Surplus Property Commissions to purchase Federal Surplus
real property; and
WHEREAS, this Surplus Property Commission is now organized and lawfully
able to function; and
WHEREAS, this Surplus Property Commission finds that it is in the public
interest that it purchase certain real property belonging to the United States of
America, which real property has been declared surplus by the General Services
Administration of the United States Government;
NOW, THEREFORE, BE IT RESOLVED by the Surplus Property Commission of the
City of South San Francisco that:
1. The "Offer to Purchase" attached hereto as Exhibit "A" and incorp-
orated herein by reference as though set forth verbatim is hereby approved and
the President of the Surplus Property Commission is authorized to execute and
submit said "Offer to Purchase" to the General Services Administration of the
United States Government, and the Clerk of the Surplus Property Authority shall
attest the President's signature thereto.
2. Upon the acceptance of the United States Government of the "Offer
to Purchase" on the terms and conditions contained in Exhibit "A," the President
of the Surplus Property Commission is hereby authorized to execute any contracts
or other documents necessary for the purchase of said real property, and the Clerk
of the Surplus Property Authority is hereby directed to attest the President's
signature thereto.
3. Resolutions No. SPA-2-83 and SPA-4-83 entitled "A Resolution Author-
izing an "Offer to Purchase" Real Property Belonging to the United States of
America and Authorizing Certain Other Acts in Connection with Said Purchase"
adopted May 11, 1983 and June 15, 1983, respectfully, are hereby rescinded.
I hereby certify that the foregoing Resolution was regularly introduced
and adOpted by the Surplus Property Authority of the City of South San Francisco
at a special meeting held on the 24th day of August , 1983 , by
the following vote:
AYES: Commissioners Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte,
and Gus Nicolopulos
NOES: None
ABSENT: Commissioner Roberta Cerri Teglia
Clerk
e
EXHIBIT "A" TO RESOLUTION NOo SPA-5-83
OFFER TO PURCHASE
The Surplus Property Authority of the City of South San Fran-
cisco, hereinafter called Purchaser, hereby offers to purchase
from the United States of America, Acting by and through the
Administrator of General Services, hereinafter called Seller,
for the sum of One Million Four Hundred Seventy Five Thousand
Dollars ($1,475,.000), the property described in Exhibit "A"~
attached hereto and made a part hereo{o This offer is subject
to the following terms and conditions~'
-A. GSA Form 2041, "General Terms Applicable to Negotiated
Sales" is attached hereto as Exhibit "B" and made a
part hereof. Paragraph 6a thereof is deleted in its
entirety.
B. Purchaser shall pay to Seller ten percent (10%) Of
the total purchase price as an earnest money deposit
on submission of this offer. Purchaser shall pay to
Seller an additional ten percent (10%) to comp~lete the
down payment of twenty percent (20%) of the purchase
price upon close of escrow. Purchaser shall execute
a promissory note and mortgage or deed of trust to
secure payment of the balance of the purchase price
upon close of escrow. That balance shall be payable
in equal quarterly installments over a period not to
exceed ten years together with interest on the unpaid
balance set at the ten-year publish~ Treasury Con-
stant Maturity rate as of the date of acceptance, plus
(1 of 4)
one and one-half percent (1½%) adjusted to the
nearest one eighth of one~P~cent (1/8%).
Purchaser has legal authority to acquire the
real property described in Exhibit "A" and. funds
are available for its purchaser Purchaser shall
use a portion of the property for widening Oyster
Point Boulevard, may use another portion tQ enable
construction of an Oyster Point Boulevard/Highway
101 Interchange, and may retain or sell the remainder.
If at any .time within a three-year period from the
date of conveyance of title Purhcaser resells or enters
into an agreement to resell any portion of the acreage
of the subject property in whole or in parts, all
profits received by or to be received at any time by
Purchaser pursuant to such sale(s) or agreement(s) will
I
be payable to Seller as additional consideration for
this sale. Profits are defined as that portion of
the total consideration payable to Purchaser under any
and all such subsequent sale(s) or agreement(s),
which exceeds the sum of any of the following costs in-
curred by Purchaser: the purchase price paid by
Purchaser (allocated on the basis of acreage) for the
land so sold; land acquisition costs; property main-
tenance and insurance; financing; marketing and pro-
motion; project administration; physical development
(including road construction, storm and sanitary
(2 of 4)
sewer construction, other public facilities or
utility construction, building rehabilitation
and demo!ition~ landscaping, grading and other
site or Public improvements); or planning,
design~ and engineering services. The resale
profit shall not be reduced by brokerage fees
or expenditures that are defrayed by Federal
Government grants. Purchaser agrees that as a
condition for allowances of any deductions claimed
hereunder, Seller~shall, until the expiration of
three (3) years after the three (3) year period
set forth in this paragraph, have access to and
the right to examine any directly pertinent books,
documents, paper and records of Purchaser and
those' of its contractors and agents involving
transactions related to this contract. A deed of
trust containing these restrictions on resale shall
be executed by the purchaser to run with~%he land
for a period of three (3) years from the date of
conveyance.
Purchaser understands that the conveyance docu-
ment will contain deed restrictions substantially
as follows:
.(3 of 4)
"The Grantee covenants for itself, its
heirs, successors, and assigns and every
successor interest to the property hereby
conveyed, or any part thereof, that the
said Grantee and such heirs, successors and
assigns shall not discriminate upon the
basis of race~ color~ rel~.(3ion, or national
origin in the use~ occupancy, sale, or
lease of the propertyr or in their employ-
ment practices conducted thereon. The United
States of America shall be deemed a beneficiary
of this covenant without regard to ~-whether it
remains the owner of any land or interest
therein in the locality of the property
hereby conveyed and shall have the sole
right to enforce this convenant in any court
0f competent jurisdiction."
"Grantee covenants for itself, its successors
and assigns and every successor in interest
to the property herein described, or any part
thereof, that any cons%ruction or alteration
is prohibited unless a determination of no
hazard to air navigation is issued by the
Federal Aviation Administration in accordance
with Title 14 Code of Federal Regulations,
Part 77, titled "Objects Affecting NaVigable
Airspace," or under the authority of the
Federal Aviation Act of 1958, as amended."
IN WITNESS WHEREOF, Purchaser has executed this offer this .. day
of 1983.
Surplus Property Authority of the
City of South San Francisco
ATTEST: By:
City Clerk
President
Acceptance by United States Government.
The City of South San Francisco's Offer to Purchase, as set forth in the
foregoing "Offer to Purchase: is hereby ACCEPTED by and on behalf of
the United States of America this day of ,1983.
UNITED STATES OF AMERICA
Acting by and through the
ADMINISTRATOR OF GENERAL SERVICES
By
(4 of 4)
EXHIBIT 'A" TO DFFER TO PURCHASE~.
Gener,al Services A-~in{_stration
Region 9 '.
525 ;,latter Street It/S 30
San. Franci$co~ California
.~;l~_nt;.on: Carl Il. Snyder
Your i~o, 03603255
Om--No. J30~37'
' II .S ..'~-...
v s at :ao A.M.
In response, to the above referenced application for a policy of title
· SAEECO TITLE; ~' ' . _
.NSURANCE CO,'MPANY '
hereby reports that it is prepared to issue, as of the date hereof, a California Land ;Fill=.
· Association Slandard Coverage Form Policy of Title'Insurance describing the land
tlie esi.ate or interest therein hereinafter set forth' in Schedule A,, iriiuring against loss.
,~,'~,ich may he sustained hy rea.~on of'anY defect, lien or encumbr~nce not shown or re-
ferred to as an Exception in Schedule B or not exclutled fro,n coverage pur.~uant
prln~ed Sd;eduIes, Conditions and Stipulations of said policy form.
This repor~ {and any supplement~ or amendmen~s,ahere!o} is issue8 solely for the pu~--
l:ese of facilitating, the issuance 'of a policy of title insurance and no liability is assurr, eJ
;;ercby. If it is desired that liability be assumed prior to'the issuance of a policy
si:~c insurance, a B.inder or Commilmen! should bt: requested.
Title
LI,~.i'ED STATES OF ~'~-',~RZC~
Ti~e land re[erred to in this report is sltt:ated in tl~e State of ' ' ' c. .
· Cahfo,'ma..G,~.ntv~_~f ..an r,a
a~,t{ ~s described as follows: Czty 6z South San
Des .cription. Con fainue-3 ....
-:--'i.
-i.c::.eg-n i~ort]~ ~7° 04' 30" East 492.990 feet f~om_ the i~oin~_ of ]n',.:~;.~-
sectfcn of said ~orther.ly Nine of Butler 'Road with the
~ ina o= the~.--.---c~'~}'~rn Pacific Cost, any rig]~t of ~¢ay, safd i~oint of
....~. ~.,_..~_..._n~~.-~ .... ~ also being at the point of intersection of said line. of
Butler Road with the Southeasterly boundary !i]-,(~ of tha~ certain '
Company P~pe l:orks'to ~-~estern Pige and Stee! Company o~ Ca. liforn~.a~
~.ate~ June 15, 19~5, reeor~e~ August 24~ !9~S, in Volume !86 of
O~fic~al ~esor~s, Ba~e 128~ San Hateo County ~ecor~s~ runai~ thence'
along the Southeasterly boundary line of said parce'l .of-].anct.descri}~ea.
in Deed above referred to ~;orth 37~ 32' 40" Eas%~ 640.750 feet to an
an~le poin~ therein; thence cont!nuin~ along .th~ Southeasterly -..
bouod~ry line o~ the parcel of lan~ de~c~ibea i~ said Deed abov~
~o~ed to ann along the NortheaSterly proauction of said
easte-~v boundary line North 58~ 52~ 26" East 1352.695 feet to its
intersection with the ?~esterly bouHdary line of tl~at certain 2~.
acre parcel of land (iescribed in the Deed from South San Francisco
Lend & I~provement Co. to Thomas Butler, date~ April 4, 1898~ recordea
April 15, 1898 in Voluge 7~ of Deeds~ Page 225, San Mateo' County
~._coras~ ' -, running thence along said %;esterly boundary line of s~id.
2~ 10S-acre parcel of land South 5~ 59' East= 149.940 feet ho ~n
r nt'therein; thence continuing along said %-;esterly boundary kine the
~,~_loving courses and distances: South 13~ 16~ East.160.100 feet,
South, 55°, 05' ~esk 110.300 feet, South 0~ 45' ~est 156.feet, South
15~ 20' East !79.608 feet and south 5i° 53' West 2g9.311 feet to the
true-~)oint of beginning of the parcel of land to ])e described;
thence South 2= 55' 30" East 241.314 feet to the l~ortherly line of
Dut!er R6ad; thence South 87~ '04' 30" ~'Test along said ~]ortherly line
of Butler ]load 979.~12 feet to an'angle point in said l]ortherly line
of Butler Road l thence continuing along saia Northerly line of Butler
Road South 83~ 00' 20" tTest 173.348 feet; the~ce l~orth 3g~ 03' 15'~
East 419.14! feet; thence South 61~ 55' !5" East 110.520 feet to a
i,oint perpendicularly distant 247.200" feet Northerly from said
i~orther!y line of Butler Road; thence l~orth.87" 04' 30" East parallel
7~,~ 526 feet; thence Sollth
~ith said Northerly line of Butler }load
55' 30~ East 5.886 feet to the point of beginning. .
:: -_.-=..~y feet in u:idtb, as ~ranter/.to Consoli('~atod T';estern St.?_ej ..
._ u,te -Deed ~ecor~ocr. June 14, 1949 in -:
F
Boo.'-: 1675, Page 435, Official ~ecor?.s. .
:.~_ c.~-act location of said easement can~,ot be esta-blis}:ed of' record
2. ~.ne ez£ect 05 the fo!~owing agree;.:en%s' ente~-e~l into b'y and
UnLted States of.=.~e_n~ ~ca~ and T,~estern i~i?e & St.e¢:]. Company. o:=-' CaYifornia
a corporation: ' -- - ' - -
(a) dated ~-~arch 5, 1941 an'd recorded ~,~ovember 2Y~ 1941 {n Boo]-_ 99R of.
Official Records, San Mated County at Page 64 and. re-r_ecorded January
22, 1946 in Book 1231 of Official Reco~Jds Of san I~ateo County at Page_
24. -
(b) dated July 24.. 194%~ and 'recorded September 4, 3.941, in Book 979-
of Official Records of .San Maheo County at Page 305.
(c) dated October 15, 1943, and recorded January 31~ 1944 in Book ll0O
of Official Records of San t!ateo County at Page 297.
NOTE: '~his ·report does not contain a'ny matters that. may'be disc]..oke~i
~"~ inspection and/or by a survey o~ said land anal/or by-inquiry of the
~_rties in. possession. · ' · .....................
NOTE
· TIlE FOLLOWIi.;G IS FURI. IISHED FOR INFOR:-b%TIOI'; Oi.;IjY:
The only conveyances affecting said l~Ad rac~rae~ six (6)
raonths prior to the date of this report are 'as follows:
"~" .IU UYYEK IU HUHCHASE
I. CONDITION OF PROPERTY, The l)roperty is offered "As
Is" ,md "Wh,,r,, l:," without rt'prcsc,ltation, warranty, o~; ~ar-
,sty as to qu;mtity, quality, character, condition, size, or
ki~, or thai thc, ~tme ls in condition or fit to be used for the
~ur~se for which intended, and no claim [or any allowance or
deduclion u~n such grounds will be considered.
2. EARNEST MONEY DEPOSIT. The offer must be accom-
panied by ;m earnest money deposit in such an amount and in
such form ;is may be required by the Government. Upon
ceptancc of the of'let, the deposit shall be applied toward pay-
taunt of the offeror's obligation to the Government. In the
cv(,,it the offer is rejected, the deposit will be returned, with-
out mit,est, as promptly as possible after rejection of the
oiler.
3. CONTINUING OFFER. The offer shall be deemed to be a
firm and contin~ingoffer from the date of receipt until accepted
or rejected by the Government; provided, however, that after
90 days have elapsed from the date of receipt, the offeror not
having received notice of rejection ,nay consider his offer
rejected. ;,nd if the Government desires to accept the offer
after such 90-day period, the consent of the offeror thereto
shall be obtamed.
4. NOTICE OF ACCEPTANCE OR REJECTION, Notice by
the Government of acceptance or rejection Gl the offer shall
be deemed to have been suificiently given when telegraphed or
mailed to the offeror.or his duly authorized representative at
the address indicated in the offer.
5. CONTRACT. These General Terms Applicable to Nego-
tiated Sales, the offer~ and the acceptance thereof, shall con-
stitute an agreement between the offeror and the Government.
Such agreement shall constitute the whole contract to be suc-
ceeded only by the formal instruments of transfer, unless
modified in writing and signed by both parties. No oralstate-
ments or representations made by, .or for, or on behalf Gl
either party shall be a part of such contract. Nor shall the
contract, or any interest therein, be transfer, .edor assigned
by the offeror without consent of the Government, and any
assignment transaction without such consent shall be void.
6. RESCISSION.
a. The contract made by the acceptance of the offer by the
Government may be transmitted to the Attorney C,~nerai of
the United States for his advice as to whether the sale
would tend to create or maintain a situation inconsistent
with the antitrust laws. The acceptance of the offer by the
Government may be rescinded by .the Government. in case
unfavorable advice is received from the Attorney General.
b. An explanatory statement of the circumstances of the
proposed disposal will be submitted to the appropriate
committees of the Congress because of its negotiated
character and the offer probably will not be accepted by the
Government untilafter the proposed disposal has bec, con-
sidered by such committees. However, in any event, the
Government may rescind its ~cceptance at any time during
the 90-day period following such acceptance, if it is
reasonably determined by the Government that such action
is justified in the light of the circumstances then prevailing.
c. Any recission, pursuant to a or b, above, will be with
out liability on the part of the Government other thanto re-
turn the earnest money deposit without interest.
7. REVOCATION OF OFFER AND DEFAULT. In the event
of revocation of the offer prior to acceptance, or in the event
of any default by the offeror in the performance of the con-
GENERAL TER/,t$ APPLICABLE TO NEGOTIATED SALES
(Surplus Real Pmp,r~r)
tr,~ct created by such acceotance, the deposit, talc. the, with
any ix~yments subsequently made on accou,~t may be forfeited
at the option of the Government, in which event the offeror
shall be relieved from further liability, or without forfeiting
the said deposit and payments, the Government may avail it-
self of any legal or equitable rights which it may have under
the offer or contract.
8. OTHER TERMS APPLICABLE TO A SALE.
a. As of the dateof assumption of possessionof thepro-
perry, or the date of conveyance, whichever occurs first.
the offeror shall assume responsibility for care and handling
undall risks of loss or damage to the property and have all
ob.lil~,~tlons and liabilities of ownership.
b. Any title evidence which may be desired by the offeror
will be procured by him at his sole cost and expense. The
Government will, however, cooperate with the offeror or
his authorizedagentin this connection, and will permit ex-
a min~tion and inspection of such deeds, abstracts, affidavits
of title, judgments in condemnation proceedings. or other
documents relatingto the title of the premises tile property
involved, as it may have available. It is understood that
theOovernmentwill not be obligated to pay for any expense
incurred in connection with title matters or survey of the
property.
c. Upon assumption of possession of the property, or con-
veyance Of the property, whiche, v. er occurs first, the offeror
shall assume responsibility i/mr ail~ general and. special real
and personal property taxes which may have been .Or may be
assessed on..the pr0PertY.,~ and sums paid, or due to be paid,
by the GoFermnent in. lieu of taxes pursuant to, statutory au-
thority shall be prorated.
d..In the event an offer to purch;tse ~or case is accepted
and ' possession of the property is assumed by the offeror
prior to the date of conveyance, the offeror shall procure
and maintain insurance at his expense, effective for the
perlod from the date of assumption of possession to date of
cOnveyance, for the benefit of the Government tn sucre liinds
grid amounts as may be required by the Government, with
companies acceptable to the Government.
e. Conveyance of the propert~ will be accomplished by a
quitclaim deed or deed without warranty and where appro-
priate a bill o! sale,' In conformity with local law and
practice. .
f. In the event the offer to purdhaseis made on credit
terms, financialdata, referencesand suchother information
asmaybe requested by the Government, shall be promptly
furnished by the offeror and/he following conditions shall
be applicable.
(1) The Government's acceptance of the offer to'ur-
chase on ~redit terms may be rescinded by the Govern-
ment, in the event of an adverse finding by the Govern-
ment as to the offeror's financial responsibility, with-
out liability on the part of the Government other than to
return the earnest money deposit without interest.
(~) The offeror shall proCure and maintain insurance at
hisexpmmseduring the term credit is extended effective
as of the date of assumption of possession of the pro-
petty or thedate of conveyance, whichever occurs first,
for the benefit of the Government in such kinds and
ammmts as may be required by the Government.
i3) Contemporaneously W~th the delivery to the offeror
of documents conveying the prop.~rty purchased, he
shall execute and deliver to the Government:
GENERAL SERVICES ADMINISTRATION GSA Fosa* 20~1 il. iv. ,.ms,
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