HomeMy WebLinkAboutReso RDA 7-1998 RESOLUTION NO. 7-98
REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION OF NECESSITY TO CONDEMN THE
PROPERTY AT 208 EAST GRAND AVENUE IN SOUTH
SAN FRANCISCO FOR REDEVELOPMENT AGENCY
PURPOSES; INCLUDING FINDINGS AND
DETERMINATIONS; AUTHORIZATION OF EMINENT
DOMAIN PROCEEDINGS AND APPLICATION FOR
POSSESSION PRIOR TO JUDGEMENT
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", and shown on
Exhibit "A-I", attached hereto and made a part hereof by reference, for redevelopment purposes; and
WHEREAS, 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 1, Section 19, of the Constitution
of the State of California, Section 33391 of the Health and Safety Code of the State of California,
Section 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
owners(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 real property.
5. The law firm of Meyers, Nave, Riback, Silver, and Wilson 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 herein is consistent with the land uses analyzed in the East of 101 Area
Plan environmental impact report and Downtown Central Redevelopment Plan
environmental impact report, both of which were previously certified by the City
Council.
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 regu l ar meeting held on the
~Tth day of May ,1998 by the following vote:
AYES: Boardmembers James k. Datzman, Joseph A. Fernekes,
Karyl Matsumoto and Chairman Eugene R. Mullin
NOES: None
ABSTAIN: None
ABSENT: Boardmember dohn R. Penna
City Clerk
C:\My Document s\RESO\grandavenue, res. doc
MAY-22-@8 FRI 11~i2 MEYERS, NAVE, RIBACK&EtLV. FAX N3, 510 351 4481 P, 05/06
LEGAL DESCRIPTION
BEGIN.'N'I.~G at p~L'u on the $outhcr)7 'line of ~t Gmr, d Avenue d.lsta.nt thereon South gPQ 52'
30" W¢~t 322.91 fr, e~ from' ~e North~,a~tefly cornur t)f that cer~n 15.7~,3 acre tract of land
de~¢ribecl [na Beed from The Metal and Thermit Corlx~rltion, a corporation, to Grace F.
Ouerin, dated June 17, 1947 and recorded July 24, 1947 [n Book 1352 of Official Re,*..ord$ of
gan Marco (2oun~ at l~g¢ 373; thcn~ from ,said l:)Oi.nt of Ix~gin.nin§ Nor~ 890 52' 30"
along the $outherl7 line of mq Grand Avent~e, 116.66 feet; thence South 0° 06' 30" We~t
122.77 f~t; thcnc~ North 89° 46' 27' W~t 89.32 f~t; thcn~ $ou~ 89° 52' 30" We~t 38
thence North 5 ° 05' 36' l:,~q 122.73 feet to the poi. hr of
A.P. No.: 015-042-160 J~N 015 004 042 16 A
EXHIBIT A ,[s0 uT 0, ,0.7-gs