2024-068245
Simplifile,
9:32 am 12/19/2024 AG Fee: $56.00
Count of Pages 14
RECORDING REQUESTED BY: Recorded in Official Records
County of San Mateo
Mark Church
Assessor-County Clerk-Recorder
WHEN RECORDED, RETURN TO:
Brian T. Seltzer, Esq. *SR00035293058*
Seltzer Caplan McMahon Vitek
700 B Street, Suite 2100
San Diego, CA 92101
(Space Above Line for Recorder's Use Only)
APN: 015-113-380
STORM DRAIN EASEMENT AGREEMENT
THIS STORM DRAIN EASEMENT AGREEMENT ("Agreement") is made as of NAWN21. 22 25/, 2024 ("Effective Date"), between Icon SSF Apartments Owner, L.L.C., a Delaware limited liability company (Owner"), and the City of South San Francisco, California ("City") (Owner and City are each sometimes individually referred to herein as a "Party" and sometimes collectively as the "Parties"), who agree as follows:
1. Recitals. This Agreement is made and entered into in contemplation of the following facts and circumstances:
Owner is the owner of certain real property in the City of South San Francisco, California, described on Exhibit "1.1" attached hereto ("Owner Property").
1.2 Owner desires to grant the City a non-exclusive easement over a described portion of the Owner Property upon and subject to the provisions and conditions set forth herein.
2. Owner Warranty. Owner hereby represents and warrants to City that Owner has the power and authority to enter into this Agreement and to bind the Owner Property pursuant to the provisions and conditions hereof.
Easement. Owner hereby grants to City a non-exclusive easement to install, utilize, operate, maintain, repair and replace, from time to time, a storm drain in that certain area on the Owner Property described on Exhibit "3" attached hereto ("Easement Area") ("Easement").
4. No Other Use. City shall not enter upon or use the Easement Area for any purpose other than the exercise of its rights under the Easement. 4355 ArCm THIS INSTRUMENT FILED FOR RECORD BY FIRST AMERICAN TITLE COMPANY AS AN ACCOMMODATION ONLY. IT HAS NO
EEN EXAMINED AS TO ITS EXECUTION OR AS TO IT
EFFECT UPON TITLE
•
RECORDING REQUESTED BY:
WHEN RECORDED, RETURN TO:
Brian T. Seltzer, Esq.
Seltzer Caplan McMahon Vitek
700 B Street, Suite 2100
San Diego, CA 92101
(Space Above Line for Recorder's Use Only)
APN: 015-113-380
STORM DRAIN EASEMENT AGREEMENT
THIS STORM DRAIN EASEMENT AGREEMENT ("Agreement") is made as of Noverber 22, 2021, 2024 ("Effective Date"), between Icon SSF Apartments Owner, L.L.C., a Delaware limited liability company ("Owner"), and the City of South San Francisco, California ("City") (Owner and City are each sometimes individually referred to herein as a "Party" and sometimes collectively as the "Parties"), who agree as follows:
Recitals. This Agreement is made and entered into in contemplation of the following facts and circumstances:
Owner is the owner of certain real property in the City of South San Francisco, California, described on Exhibit "1.1" attached hereto ("Owner Property").
1.2 Owner desires to grant the City a non-exclusive easement over a described portion of the Owner Property upon and subject to the provisions and conditions set forth herein.
Owner Warranty. Owner hereby represents and warrants to City that Owner has the power and authority to enter into this Agreement and to bind the Owner Property pursuant to the provisions and conditions hereof.
Easement. Owner hereby grants to City a non-exclusive easement to install, utilize, operate, maintain, repair and replace, from time to time, a storm drain in that certain area on the Owner Property described on Exhibit "3" attached hereto ("Easement Area") ("Easement").
4. No Other Use. City shall not enter upon or use the Easement Area for any purpose other than the exercise of its rights under the Easement. 4355 Accm THIS INSTRUMENT FILED FOR RECORD BY FIRST AMERICAN TITLE COMPANY AS AN ACCOMMODATION ONLY. IT HAS NOT
BEEN EXAMINED AS TO ITS EXECUTION OR AS TO ITS
EFFECT UPON TITLE
Compliance with Laws. City shall comply with all applicable laws as it relates to its utilization of the Easement and its entry in the Easement Area.
Maintenance. City shall be responsible for all costs associated with the installation, utilization, operation, maintenance, repair and replacement of the storm drain facilities installed in the Easement Area.
Cooperation and Reasonable Care. The Parties shall reasonably cooperate with each other, in good faith, in connection with the rights and obligations provided for pursuant to this Agreement.
8. Mortgagee Rights.
8.1 Notwithstanding the other provisions and conditions hereof, no breach of this Agreement, nor the enforcement of any provision or condition hereot, shall defeat or render invalid the rights of a mortgagee or beneficiary (each, "Mortgagee") under any recorded mortgage or deed of trust on the Owner Property or the City Property or any part thereof, provided that after such Mortgagee obtains title thereto by judicial foreclosure or by means of the powers set forth in such mortgage, or deed of trust, or by deed in lieu of foreclosure, the Adjacent Property and the Property, as applicable, shall remain subject to this Agreement.
8.2 Upon written request by one Party to the other Party, each Mortgagee of such requesting Party whose address has been provided in such request shall be entitled to reasonably prompt written notice of any default by the requesting Party under this Agreement.
8.3 Notwithstanding any other provision or condition herein to the contrary, to be effective, any amendment of this Agreement and any termination of this Agreement must be approved in writing by each Mortgagee.
9. Miscellaneous.
9.1 Notices. Notice to be given to a Party or Mortgagee must be in writing and shall be delivered to the Party or Mortgagee, as applicable, personally, by regular United States mail, postage prepaid, or by any system or technology designed to record and communicate messages, telegraph, facsimile, electronic mail, or other electronic means, and any notice to a Party shall be delivered to the following address, or such other address furnished by such Party to the other Party:
-2-
If to Owner:
Icon SSF Apartments Owner, L.L.C.
Attn: E. Garth Erdossy
5790 Fleet Street, Suite 140
Carlsbad, CA 92008
Phone: 760-431-3366
Email: [email protected]
If to City:
Public Works Director
South San Francisco Public Works Department
550 North Canal Street
South San Francisco, CA 94080
Phone: (650) 877-8550
Email: [email protected]
9.2 Interpretation. The captions of the various provisions and conditions of this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents thereof. This Agreement shall be construed in accordance with the laws of the State of California. Time is of the essence in this Agreement.
9.3 Entire Agreement. This Agreement supersedes all prior written or verbal representations or declarations of the Parties with respect to the subject matter hereof.
9.4 Binding Effect Covenants Running with Land. The covenants contained in this Agreement shall constitute covenants running with the land pursuant to California Civil Code Section 1468; shall be binding upon, and shall inure to the benefit of, the Owner Property and the City Property and any portion thereof or interest therein; and shall be binding upon, and shall inure to the benefit of the Parties and any person having or acquiring any interest therein and their successors and assigns.
9.5 Estoppel Certificate. Each Party to this Agreement shall, within ten (10) days after the written request of any other Party, issue to the requesting Party, or to any prospective Mortgagee or purchaser from such requesting Party, an estoppel certificate stating: (a) whether the Party to whom the request has been directed knows of any default under this Agreement and, if there are known defaults, specifying the nature thereof; (b) whether, to the best knowledge of such Party, this Agreement has been modified or amended in any respect, and, if there are known amendments, specifying the nature thereof; and (c) whether, to the best knowledge of such Party, this Agreement is, at that time, in full force and effect.
9.6 Severability. If any clause, sentence, or other portion of this Agreement shall become illegal, null, or void for any reason, or shall be held by any court -3-
of competent jurisdiction to be so, the remaining portions thereof shall remain in full force and effect.
9.7 Attorneys' Fees; Court Costs. If any action or proceeding is instituted to enforce or interpret any of the provisions and conditions of this Agreement or for damages on account of the breach of this Agreement, the prevailing Party in any suct action or proceeding shall be entitled to recover from the other Party its attorneys' fees and costs.
Amendments. No amendment may be made to this Agreement
unless set forth in writing and duly recorded in the Official Records of the County of San Mateo.
9.9 Exhibits. Each of the Exhibits attached hereto is incorporated herein by this reference.
9.10 Effect of Agreement; Binding Covenants; Equitable Servitudes.
Except as otherwise expressly provided herein, no rights or privileges conferred upon the Parties to this Agreement by this Agreement shall inure to the benefit of any other person or entity other than the Parties or their successors and assigns, nor shall any such other Party be deemed to be a third-party beneficiary of any of the provisions contained herein.
Each and all of the restrictions, covenants, and easements of this Agreement:
(a) shall constitute equitable servitudes which shall apply to and be binding on the Parties hereto and each and all of their respective successors, assigns, and Mortgagees; and (b) are imposed pursuant to a general plan for the improvement and use of the Development Property and the Property and are designed for the mutual benefit of the Parties to this Agreement.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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•.
9.11 Time of the Essence. Time is expressly stated to be of the essence of each and every provision of this Agreement wherein time for performance is set forth.
In all other respects, the parties hereto covenant to perform their obligations in an OWNER:
ICON SSF APARTMENTS OWNER, L.L.C.,
a Delaware limited liability company
By: Icon SSF Apartments Venture, L.P.,
a Delaware limited partnership,
its sole member
By: NCCH 108 Icon SSF, L.P.,
a Delaware limited partnership,
its general partner
By: Maple Multi-Family Development, L.L.C.,
a Texas limited liability company,
its general partner
Ail
By:
Name: ANTHONY DITTEAUX
Title: VICE PRESIDENT
CITY:
CITY OF SOUTH SAN FRANCISCO, CALIFORNIA
By:
Name: RANIALS
Title: City Manager
-5-
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
188:308 00308833308:808480819:808903330088931380838380388088008489898:8000808089808888808883388988888088888338838983833083839080880083838820808388318988 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Diego
on 10/30/24 before me, Cristian Jose Vazquer, Notary Publie Date Here Insert Name and Title of the Officer
personally appeared Anthony Ditteaux
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persohs) whose name(s)s/are subscribed to the within instrument and acknowledged to me that be/she/they executed the same in is/her/their authorized capacity(ies), and that by is/her/thełk signature(s) on the instrument the personts), or the entity upon behalf of which the personts) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
CRISTIAN JOSE VAZQUEZ laws of the State of California that the foregoing Comm. #2389939 paragraph is true and correct.
California - Notary Public
Los Angeles County
Comm. Expires January 9, 2026 WITNESS my hand and official seal.
Signature Cristian ase
Place Notary Seal and/or Stamp Above
- OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual- • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: Signer is Representing:
808:8080888:88:9:888082098:03090380808050808:89508030880838088830309480808080883088358080889:8898833833908084838538 8880838.808 ©2019 National Notary Association
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
808:808 89823:8-828386303033538:808:8:8080308380808083883308080808092838s8:3980803:8080863-808:800080308:80808580808080D930898980863682869900339:008:8080809989 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
county of lan Meteo
on Noverber 22, 2024 before me,. Mare ellen Paten, Notary Pitic Date Here Insert Name and Title of the Officer
personally appeared Sharm K Ranals aka «sharm Ranals
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
MARIE ELLEN PATEA paragraph is true and correct.
Notary P: bric • California
San Mateo County WITNESS my hand and official seal.
Commission # 2355993
My Comm. Expires Apr 28. 2025
sanere Alani elleR Pater
Place Notary Seal and/or Stamp Above Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - D Limited • General • Partner - O Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: Signer is Representing:
88930808080998:3:803:8180863680338080801 908:808:839:3:8:8080808s1080803880808090308:808188808080898939893:880833808:80368080808080988080838081899018808039 ©2019 National Notary Association
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property interest conveyed by this Storm Drain Easement Agreement dated Novenber 22_, 20_24 from the Grantor to the City of South San Francisco, is hereby accepted by the undersigned officer on behalf of the City of South San Francisco pursuant to authority conferred upon her by city Council Resolution 45-83 adopted on April 6, 1983 and the City of South San Francisco consents to recordation thereof by its duly authorized officer.
Dated W/22/2024
CITY OF SOUTH SAN FRANCISCO
BY: Shaunkunet
NAME: _Sharon Ranals
TITLE: City Manager.
ATTEST:
CITY CLERI
Approved as to form:
Date: 11 20/24
City Attorney
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) SS.
COUNTY OF LanMateD!
Notary Pubic, person a pared sta before me s , before me, Marte ellen Paten , who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
MARIE ELLEN PATEA
Notary Public - California
San Mateo County Mani Eder Paten
Commission # 2355993
My Comm. Expires Apr 28, 2025 Notary Public in and for said County and State
-6-
EXHIBIT "1.1"
DESCRIPTION OF OWNER PROPERTY
Real Property Description
The Land referred to herein below is situated in the City of South San Francisco, County of San Mateo, State of California, and is described as follows:
PARCEL TWO:
PARCEL A OF "P. S. BUSINESS PARK", BEING A SUBDIVISION OF THE LANDS CONVEYED TO PUBLIC STORAGE PROPERTIES, XI, LTD., DATED APRIL 12, 1984 IN RECORDERS SERIES NO. 84038985 SAN MATEO COUNTY RECORDS, SAID MAP RECORDED AUGUST 07, 1985 IN THE OFFICE OF THE COUNTY RECORDER IN BOOK 56 OF PARCEL MAPS, PAGES 19 AND 20, IN THE COUNTY OF SAN MATEO, CALIFORNIA.
APN 015-113-380
Exhibit "1.1" - 1
EXHIBIT "3"
EASEMENT AREA
[SEE ATTACHED]
Exhibit "3" - 1
LEGAL DESCRIPTION
STORM DRAIN EASEMENT
Real property situate in the City of South San Francisco, County of San Mateo, State of California, described as follows:
Being a portion of Parcel A as shown on that certain Parcel Map "P.S. Business Park", filed on August 7, 1985 in Book 56 of Parcel Maps at Pages 19 through 20, in the Office of the County Recorder of San Mateo, more particularly described as follows:
COMMENCING at the westerly corner of said Parcel A, said corner being the beginning of a curve, having a radius of 266.00 feet, concave to the southeast, from said corner a radial line bears South 62°36'06" East; Thence northeasterly along the northwesterly line of said Parcel A and said curve, through a central angle of 11°48'48", a distance of 54.84 feet to the beginning of a curve, to a point on said curve, from said point a radial line bears South 50°47'18" East, said point being also the TRUE POINT OF BEGINNING; Thence continuing along said curve, through a central angle of 1°38'55", a distance of 7.65 feet to the beginning of a compound curve, having a radius of 35.50 feet, from said point a radial line bears South 49°08'23" East;
Thence northeasterly along said curve through a central angle of 36°41'36", for an are length of 22.73 feet to the beginning of a reverse curve, having a radius of 44.50 feet, from said point a radial line bears North 12°26'47" West;
Thence easterly along said curve through a central angle of 20°02'11", for an are length of 15.56 feet; Thence leaving the northwesterly line of said Parcel A, the following five (5) courses:
1) South 26°54'57" West, 36.17 feet;
2) South 28°50'24" West, 41.76 feet;
3) South 53°35'57" East, 242.52 feet;
4) South 40°37'49" East, 105.14 feet;
5) South 30°12'16" East, 10.45 feet to the southerly line of said Parcel A being also the beginning of a non- tangent curve, having a radius of 190.00 feet, concave northerly, from said point a radial line bears North 06°22'43" East;
Thence westerly along said southerly line and curve through a central angle of 6°09'51", for an are length of
20.44 feet;
Thence leaving said southerly line the following four (4) courses:
1) North 40°37'49" West, 98.05 feet;
2) North 53°35'57" West, 253.95 feet;
3) North 28°50'24" East, 49.34 feet;
4) North 43°01'59" West, 9.13 feet to the TRUE POINT OF BEGINNING.
Containing 6,592 square feet, more or less.
END OF DESCRIPTION.
As shown on plat attached hereto and by this reference made part hereof as Exhibit B.
For: BKF Engineers
Davis Thresh, P.L.S. No. 6868
07/19/2024 No. 6868
Dated
Exhibit "3" - 2
LEGEND
TPOB TRUE POINT OF BEGINNING
POC POINT OF COMMENCEMENT
LOT LINE
SAN MATEO AVE PARK CENTERLINE
— DESCRIBED AREA
STAR o. 6868 PARCEL B BUSINESS
56 M 20
p.5.
TPOB PRODUCE
PARCEL A
P.S. BUSINESS PARK PRODUCE AVE
56 M 20
N20°38'17"E 81.681 LINE TABLE
POC LINE DIRECTION LENGTH
L1 S53'21'58"E 34.39'
LANDS
PARCEL -STORM DRAIN EASEMENT
BEARINGS
6,592 SQ. FT.‡
N12°48'17"E
1'4
BASIS
SAN MATEO AVE
N
BASIS OF BEARINGS
THE CENTERLINE OF SAN MATEO AVENUE AS SHOWN ON
THAT CERTAIN TRACT MAP ENTITLED "PERSON AND
SWANSON INDUSTRIAL TRACT" FILED ON SEPTEMBER 5,
60 60
1961 IN BOOK 55 OF MAPS AT PAGES 12 AND 13 SHOWN
scale 1" = 60' feet AS "N.11°39'E." TAKEN TO BE NORTH 12°48'17" EAST.
Subject
PLAT TO ACCOMPANY LEGAL DESCRIPTION
Exhibit "3" - 3 Job No. 20181418
By MO/RG Date 7/18/24 _ Chkd. MGR
SHEET 1 OF 2
LEGEND
ТРОВ TRUE POINT OF BEGINNING
SAN MATEO AVE POC POINT OF COMMENCEMENT
PARK LOT LINE
(R)N12'26'47"W CENTERLINE
PARCEL B
DESCRIBED AREA
BUSINESS 56 M 20
(R)$49'08'23"E
p.5
C2 CA
S26°54'57"W 36.17 PRODUCE
(R)S50'47'18"E c3
N43°01'59" W PARCEL A
9.13' ТРОВ
P.S. BUSINESS PARK
56 м 20
(R)S62'36'06"E
S28°50'24"W
N28 41.76'
LINE TABLE
81.68' N20'3817"E LINE DIRECTION LENGTH
РОС
L1 S53'21'58"E 34.39*
LANDS 553335'57E
STORM DRAIN EASEMENT
PARCEL 6,592 SQ. FT.‡
N12°48'17"E • A
BASIS OF BEARINGS Ор
Curve Table
Curve Length Radius Delta
C1 54.84 266.00 11'48'48"
580 53012'16"E
C2 7.65 266.00 1'38'55" 10.45
C3 22.73 35.50 36°41'36"
C4 15.56 44.50 20'02'11"
'я.
C5 20.44 190.00 6°09'51" N40°37'49"W
N 98.05
50 0 50 C5
(R)NO6'22'43"E,
scale 1" = 50' feet
Subject
PLAT TO ACCOMPANY LEGAL DESCRIPTION
Exhibit "3" - 4 Job No. 20181418
By MO/RG SHEte 7/18/24 Chkd. MGR
SHEET OF 2