HomeMy WebLinkAboutReso RDA 16-1997 CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY
RESOLUTION NO. 16-97
A RESOLUTION OF NECESSITY TO CONDEMN THE PROPERTY AT 468 MILLER
AVENUE AND 472 GRAND AVENUE IN SOUTH SAN FRANCISCO FOR
REDEVELOPMENT AGENCY PURPOSES; INCLUDING FINDINGS AND
DETERMINATIONS; AUTHORIZATION OF EMINENT DOMAIN PROCEEDINGS AND
APPI ,ICATION FOR POSSESSION PRIOR TO JUDGMENT
IT IS RESOLVED by the Redevelopment Agency of the City of South San Francisco as follows:
WHEREAS, it is desirable and necessary for the Redevelopment Agency of the City of South San
Francisco to acquire certain real property, particularly described in .Exhibit "A", attached hereto and made
a part hereof by reference, for redevelopment purposes, including a Community Services Building; and
Vv2-IEREAS, the Redevelopment Agency of the City of South San Francisco is vested with the
power of eminent domain to acquire real property by virtue of Article l, Section 19, of the Constitution of
the State of California, Section 33391 of the Health and Safety Code of the State of California, and
Sections 1240.050, 1240.110, 1240.120, 1240.125, 1240.150, and 1240.410 of the Code of Civil Procedure of
the State of California; and
WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure of the
State of California, notice has been duly given to all persons whose property is to be acquired by eminent
domain and whose names and addresses appear on the last San Mateo County equalized assessment roll, all
of whom have been given a reasonable opportunity to appear and be heard before the Redevelopment
Agency of the City of South San Francisco on the following matters:
(a) Whether the public interest and necessity require the Project;
(b) Whether the Project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury;
(c) Whether the property sought to be acquired is necessary for the Project;
and
(d) Whether the offer required by Government Code Section 7267.2 has been
made to the owner(s) of record.
NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows:
1. The public interest and necessity require the Project;
2. The Project is planned and located in the manner which will be most compatible with the
greatest public good and the least private injury;
3. The taking of the fee simple title in and to the real property more particularly described in
said Exhibit "A" is necessary for the Project;
4. The offer required by Section 7267.2 of the Government Code of the State of California
has been made to the owner or owners of record of the real property;
5. The law firm of Meyers, Nave, Ribaek & Silver is hereby authorized and directed to
institute and conduct to conclusion an action in eminent domain for the acquisition of the
estates and interests aforesaid and to take such action as it may deem advisable or
necessary in connection therewith;
6. An order for prejudgment possession may be obtained in said action and a warrant issued
to the State Treasury Condemnation Fund, in the amount determined by the Court to be so
deposited, as a condition to the right of immediate possession.
7. The project referred to herein is categorically exempt from the provision of the California
Environmental Quality Act under the following:
a. 14 California Code of Regulations, Section 15301 (referring to existing facilities,
including the operation and maintenance of existing public or private structures
and facilities involving negligible or no expansion of use beyond that previously
existing); and/or
b. 14 California Code of Regulations 15061(b)(3) (referring to the fact the CEQA
only applies to projects which have the potential for causing a significant effect on
the environment).
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the
Redevelopment Agency of the City of South San Francisco at a rpgu I a meeting held on the 10th day of__
_Dec.._, 1997 by the following vote:
AYES: Boardmembers James L. Datzman, JOseph A. Fernekes,
Karyl Matsumoto and Chairman Euqene R. Mullin
NOES: None
ABSTAIN: None
ABSENT: Boardmember John R. Penna
Clerk
A:\GRANDAVE.RES
DEO-16-97 TUE I0:47 tiEYERS, N~VE, RIBAOK&SILV, FnX NO. 5]0 35] 448] P. OI/02
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EXHIBIT A TO RESOLUTION NO. 16-97
DEC-16-97 TUE 10:48 IIEYERS, NRVE, R[BRCK&S[LV, FRX NO, 510 351 4481 P, 02/02
SIMON A. SZN]O~, as to a ?.]4 ~ iaterest am] A.NO:EIA $. SIN]ORA, U lo a ?, 14'~
dated April 7, 1994, ~ to aa 8~."/2~ intere~
'k~ ma~ or ~ in tl~ had hemimfter de4cribed or re'erred to covered by ~s Report a:
Ci~ of South Sa. ~ ami is de~cribat u fo~s:
A.P. No.: 012-]0~-020 J'PN 012 030 30! 02 A