CITY OF SAN MATEO
RESOLUTION NO. ____ (2026)
ACCEPTING THE PUBLIC UTILITY EASEMENT DEDICATION IN PRIVATE ALLEY NEAR PROPERTY LOCATED AT 31- 57 S B ST, SAN MATEO
WHEREAS, DTSM Donut Delite, LLC (herein referred to as the “Applicant”) on November 21, 2022, submitted planning application PA-2022-089 with the Planning Division for a Site Plan and Architectural Review for construction of a new mixed-use building consisting of 41,190 square-feet of retail/commercial and office uses located at 31-57 South B Street and a Vesting Tentative Map to merge four parcels into one (collectively referred to as “Project”) in the City of San Mateo; and WHEREAS, the planning application was entitled under Resolution No. 5 (2024) by the Planning Commission of the City of San Mateo, California, at a regular meeting held on July 23, 2024; and WHEREAS, the Project determined during the Building Permit review that a Public Utility Easement (PUE) is required to facilitate public utilities including, but not limited, to water, gas, sewer and drainage pipes, and/or underground wires and conduits for electrical, television, and telephone services and any and all at- grade appurtenances necessary thereto; and
WHEREAS, the Applicant coordinated with adjacent property owners that share tenant-in-common with the private alley parcel in agreement of the PUE dedication; and WHEREAS, the total easement to be dedicated contains approximately 4,299 square feet, and will be
20.00 ft into the private alley adjacent to the Project property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:
1. The acceptance of this easement dedication is not a project for CEQA because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code 21065.)
2. The dedication of a Public Use Easement is accepted.
3. The City Manager is authorized to execute the dedication, in substantially the form attached hereto as Exhibit A.
Exhibit A
Grant of Public Utility Easement
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
CITY OF SAN MATEO
Housing Division
330 W. 20th Avenue
San Mateo, CA 94403
APN(s): 034-154-030
Space Above This Line Reserved for Recorder’s Use Exempt from Recording Fee Per Government Code Section 27383 and 6103
GRANT OF PUBLIC UTILITY EASEMENT
The undersigned Grantor declares:
DOCUMENTARY TRANSFER TAX -$0-;
CITY TRANSFER TAX -$0-; and
SURVEY MONUMENT FEE -$0-,
[ ] computed on the consideration or full value of property conveyed, OR [ ] computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale,
[ ] unincorporated area;
[ X ] City of SAN MATEO, and
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, DTSM Donut Delite, LLC, a Delaware limited liability company, Izmirian Family Partners, LP, a California limited partnership, and Sylvia Shun-Yuan Chen and Henry Chen as Co-Trustees of the Cheng Kuang Chen Bypass Trust. hereby GRANTS to The City of San Mateo, a municipal corporation, Public purpose easements (“PUE”) across, under, and over that certain area of land described and shown on Exhibits “A” and “B” attached hereto (the “Easement Area”) and incorporated herein by reference, situated in the City of San Mateo, County of San Mateo, State of California for subsurface public utilities including but not limited to water, gas, sewer and drainage pipes, and/or underground wires and conduits for electrical, television, and telephone services and any and all at-grade appurtenances necessary thereto. [Signatures Follow on Next Page]
Dated: _____________________________, 2026
DTSM Donut Delite Venture, LLC,
a Delaware limited liability company
By:________________________________
Name:______________________________
Title:_______________________________
Dated: _____________________________, 2026
Izmirian Family Partners, LP,
a California limited partnership
By: Robert E. Izmirian, as Trustee of The Robert Edward Izmirian Trust u/a/d 9/7/04 Its: General Partner
By: __________________________
Name: Robert E. Izmirian
Its: Trustee
Dated: _____________________________, 2026
Sylvia Shun-Yuan Chen and Henry Chen as Co-Trustees of the Cheng Kuang Chen Bypass Trust,
By:________________________________
Name:______________________________
Title:_______________________________
By:________________________________
Name:______________________________
Title:_______________________________
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by this Grant of Public Utility Easement dated __________, 2026, from Grantor to the City of San Mateo, a municipal corporation, is hereby accepted by order of its City Council’s Resolution No. _____, adopted _________________, 2026, and the City of San Mateo consents to the recordation thereof by its duly authorized officer.
CITY OF SAN MATEO,
a municipal corporation
APPROVED AS TO FORM,
a municipal corporation
Alex Khojikian, City Manager Mazarin Vakharia, Assistant City Attorney Date: ____________________, 2026
[Signature shall be notarized]
Date: ____________________, 2026
EXHIBIT “A”
LEGAL DESCRIPTION OF PROPERTY
EXHIBIT “B”
PLAT MAP