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HomeMy WebLinkAboutReso RDA 73-1985 CITY RESOLUTION NO. 186-85 AGENCY RESOLUTION NO. 7.~ JOINT RESOLUTION OF THE CITY COUNCIL OF TME CITY OF SOUTH SAN~FRANCISCO AND THE REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO WHEREAS, California Code of Civil Procedure, Title VII, Section 1230.020, 1240.110, 1240.120, 1240.140 and Sections 650Q! et seq., 37350.5 et seq. and 40404 of the Government Code of the &rate of California authorize the City of South San Francisco to exercise the power of eminent domain for the purpose of taking property or property interests necessary to carry out any of the City's powers or functions; and WHEREAS, the Community Redevelopment Law, Part 1, Division 24, of the Health and Safety Code of the State of California and California Code of Civil Procedure Sections 1230.020, 1240.110 and 1240.125 and Section 6500 et seq. of the Government Code provides for the acquisition of private property for redevelopment purposes by the Redevelopment Agency of the City of South San Francisco; and WHEREAS, the public interest and necessity require the acquisition of the property hereinafter described on Exhibit "A", for a public use, namely for road construction and redevelopment purposes, and specifically for the Gateway Redevelopment Project and the Gateway Assessment District No. ST-82-2; and WHEREAS, POLETTI TRUST PROPERTIES, (.hereinafter called OWNER) is the record owner of the lands to be acquired heretofore described on Exhibit "A"; 'WHEREAS the City of South San Francisco and the Redevelopment Agency of the City of South San Francisco are authorized to exercise the power of eminent domain jointly for the acquisition of property by virtue of Code of Civil Procedure Section 1240.140; and WHEREAS, the City of South San Francisco and the Redevelopment Agency of the City of South San Francisco are authorized to exercise the power of eminent domain for the purpose of taking such property -1- by virtue of Government Code Sections 6500, et seq. 37350.5 and 40404; California Health & Safety Code Sections 33037 and 33220, and Code of Civil Procedure, Sections 1240.010, 1240.110, 1240.120, and 1240.140. NOW,'THEREFORE IT IS FOUND, DETERMINED AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AND THE REDEVELOP- MENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO, as follows: 1. The real property and real property interests to be acquired are described in Exhibit "A" attached hereto and in- corporated by reference herein; 2. The public interest and necessity require the construction, completion and operation of the Gateway Extension Roadway pursuant to the Gateway Redevelopment Project and the Gateway Assessment District No. St-82-2; said project is part of a redevelopment project, a public use, and the property interest described in said Exhibit "A" is taken for such public use; 3. The Gateway Redevelopment Project and the Gateway Assess- ment District No. ST-82-2 are portions of said Gateway Redevelop- ment Plan, and the public interest and necessity require the con- struction, completion and operation of said Gateway Extension Roadway and the aforesaid Redevelopment and Assessment District Projects, said roadway; 4.- .The public interest and necessity require the acquisition of the interests in real property described in said Exhibit "A", and the taking of said real property interest or interests is necessary for the construction, completion and operation of the Gateway Extension Roadway which roadway will ben~fit said Development and Assessment Projects, and it is hereby directed that said real property interest or interests described in said Exhibit "A" be acquired by the City of South San Francisco and/or the Redevelop- ment Agency of the City of South San Francisco, California, by ' eminent domain proceedings as hereinafter set forth; 5. Said Gateway Extension Roadway as part of the .Gateway Redevelopment Project and said Gateway Assessment District No. ST-82-2 are planned and located in the manner that will be most -2- compatible with the greatest public good and the least private injury; that said roadway will be an alternative north-south route linking the Gateway Project with Airport Blvd. which will relieve traffic flow conditions thus benefiting the Gateway Redevelopment Project and that no othe~ reasonable means of financing the acquisition and construction are available to the community. 6. The offer required by Section 7267.2 of the Government Code has been made to the owner of record. 7. The City Manager/Executive Director is authorized and directed to perform all acts necessary on behalf of the City. of South San Francisco and the Redevelopment Agency of the City of South San Francisco for the acquisition of said interests in real property, and to do any and all other things in connection with such proceedings as in his judgment may be necessary or convenient to the successful conclusion of said proceeding or proceedings. 8. The City Manager/Executive Director, Ex-Officio of the Agency is hereby authorized to expend funds available to the City and to the Agency for the acquisition of the real property. 9. The City Manager/Executive Director, Ex-Officio of the Agency is hereby individually authorized and directed to consent to and accept, on behalf of the City and/or the Agency, all deeds and grants conveying any interest in the property as hereinabove described. 10. The City Manager/Executive Director, Ex-Officio is hereby authorized and directed to record a certified copy of this Resolution in the Office of the County Recorder of the County of San Mateo. It may thereafter be referred to in any acceptance by any 6f the officers or agents referred to in Paragraph 9 above with the same effect as though a certified copy of this Resolution were attached to the document accepted. PASSED AND ADOPTED at a joint meeting of the City Council of the City of South San Francisco and the Baord of Directors of the Redevelopment Agency of the City of South San Francisco, San Mateo County, California, held on the 28th day of Au§ust , 1985, by the following vote, to-wit; CITY OF SOUTH SAN FRANCISCO: AYES: Chairman Richard A. Haffey; Member Mark N. Addiego~ Member Emanuele Damonte; Member Gus Nicolopulos NOES: NONE ABSENT:Vice Chairperson Roberta Cerri teglia ~o~ o~ c~ o~ ~ ~ ~co ATTEST: ~DEVELOPMENT AGENCY OF THE CITY OF SOUTH SM FRANCISCO: AYES: NOES: ABSENT: THE CITY OF SOUT~ AGENCY OF ~F~cIzco ATTEST: