HomeMy WebLinkAboutReso 1979-1954EXHIBIT A
RESOLUTION NO. 1979
CONDEMNATION RESOLUTION
A RESOLUTION DECLARING THE NECESSITY OF
ACQUIRING CERTAIN PROPERTY IN THE CITY
OF SOUTH SAN FRANCISCO FOR THE PURPOSE
OF CONSTRUCTING A STORM DRAIN AND FOR OTHER
PUBLIC UTILITY USES CONNECTED WITH THE CONVEY-
ANCE AND TRANSPORTATION OF WATER, AND FOR THE
CONTINUED MAINTENANCE OF A WATER MAIN AND WATER
MAINS TO THE LINDENVILLE PROJECT OF THE HOUS-
ING AUTHORITY OF THE CITY OF SOUTH SAN FRANCISCO.
WHEREAS a subsurface easement for the installation, maintenance, and
use of a watermain or water mains was acquired by the Federal Government
in the property.hereinafter described, as a temporary easement, and such
easement will cease to exist and be terminated on or about the 6th day of
April, 1955; and
WHEREAS the owner of the underlying fee simple interest in and through
which said temporary easement exists, has refueed to sell or negotiate or
discuss the matter of sale of such easement to the City of South San Francisco,
and possession must be acquired on or before said 6th day of April, 195~; and
WHEREAS it is necessary for the City of South San Franciso to construct,
maintain, and use a storm drain and to acquire in and through said real pro-
perty a subsurface easement for pdblic dtility uses connected with the~ con-
veyance and transportation of water; and
WHEREAS said subsurface easement for all of said purposes is essential
and necessary for the continued health, ~elfare, and safety of approximately
five thousand (5,000) persons now residing in the Lindent~ille Project of the
Housing Authority of the City of South San Francisco, and that without such
subsurface easement problems of ~anitation and continued water supply would
arise and endanger the lives and well-being of the people of the City of
South San Francisco generally, and the residents of said Lindenville Pro-
ject specifically,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
South San Francisco that said City Council finds and determines and hereby
declares that:
Public interest and necessity requires the constr,~ction of a storm drain
and other oublic utility improvements connected with the conveyance and trans-
portation of water, and the continued maintenance of the water main, or water
main~, in the through the land next hereinafter described, and such public im-
provements are planned and located in a manner which will be most compatible
with the greatest oublic good and the~ast private injury;
RESOLVED FURTHER that said City of South San Francisco acquire a subsurface
easement in the real oroperty next hereinafter described, and take immediate poss-
ession of said real property for the reasons hereinabove stated, in accordance with
the provisions of the Code of Civil Procedure and the Constitution of the State
of California relating to eminent domain, andprepare and prosecute, in the name
of the People ~of the State of California, such proceeding or proceedings in the
Superior Court of the State of California, in and for the County of San Mateo,
as are necessary for such acquisition. The land hereinabove referred to consists
of all that certain tract or parcel of land situate in the City of South San
Francisco, County of San Mateo, State of C~lifornia, ,und described as follows:
PARCEL I
A strip of land 12' wide lying adjacent to and northerly
of the following described line:
BEGINNING at a point in the easterly line of Linden Avenue,
in the City of South San Francisco, County of San Mateo,
State of California, said point being distant along said
easterly line of Linden Avenue South 15° 33' West 2073.23
feet from the intersection of the easterly line of Linden
Avenue with the northerly line of Railroad Avenue, produced
easterly, as said Railroad Avenue and Linden Avenue are
shown on the map entitled "South San Francisco San Mateo Co.
Cal. Plat No. 1", filed in the office of the Recorder of
San Mateo .County on March 1, 1892, in Book 2 of Maps at
page 52 runnin~ thence from said point of beginning ~outh
7&° 27' East 138.83 feet to the westerly line of the
Southern Pacific Company Right-of-Way.
The above strip of ]a~d being the southerly 12' of. that
certain 1.00 acre tract of land conveyed by Deed from
South San Francisco Land and Improvement Comoany, a corpor-
ation, to Lenora Lyons, dated July 27, 1929 and recorded
December 23, 1929 in Book A&5 of Official Records of San
Mateo County at Page ;+;+2.
~he City Attorney is heraby authorized and directed to prepare and file
~ complaint in eminent domain for the purpose of acquiring a subsurface ease-
ment in the land hereinbefore described, and for acquiring immediate possession
thereof, and to do all such things as may be necessary to carry into effect tH
purposes of this resolution.
BE IT FURTH!~]R RESOLVED that the City Council has determined that the reasonable
fair market val~e of the subsurface easement above described is the sum of ONE-HUN-
DRED and ~0 DOLLARS ($100.O0), and that therefore a warrant be drawn, payable to
John A. Bruning, County Clerk, Ex-officio Clerk of the Superior Court of the State
of California, in and for the County of San Mateo, in said sum of ONE HUNDRED and
no/lO0 DOLLARS ($100.O0) as a deposit for an Order from said Court for immediate
possession.
I hereby certify that the foregoing resolution was regularly introduced and
adooted by the City Council of the City of South San Francisco, this 1st day of
March, 195;+, by the following vote:
Ayes, Councilmen John Noonan, Adol~nh Sani, Joseph Bracco, Telford Smith, Emilio Cortesi
Noes, Councilmen None
Absent, Councilmen None
Attest:
Arthur A. Rodondi
City Clerk