HomeMy WebLinkAboutReso 02-2004RESOLUTION NO. 2-2004
A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST
AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN
I2kND AND DIRECTING THE FILING OF EMINENT DOMAIN
PROCEEDINGS
PARCEL NOS.: SBE 872-41-27C - No Site Address, SBE 872-41-18C - No Site Address,
APN 015-171-040 - 140 Beacon Street, APN 015-162-060 - 251 Shaw Road, APN 015-115-500
- Property is West of San Mateo Avenue, SBE 135-41-30 - Property located near Beacon Street,
APN 015-180-170 - No Site Address, APN 015-180-180 - No Site Address, South San
Francisco
IT IS RESOLVED by the City Council of the City of South San Francisco, California,
as follows:
WHEREAS, it is desirable and necessary for the City Council of the City of South San
Francisco to acquire the fee simple title, permanent easements, and temporary construction
easements in and to real property more particularly described in Exhibit "A," attached hereto and
made a part hereof by reference, to construct the Wet Weather Program and related facilities and
appurtenances in connection with the above-captioned Project; and
WHEREAS, the City CoUncil of the City of South San Francisco is vested with the
power of eminent domain to acquire said real property interests by virtue of Article 1, Section
19, of the Constitution of the State of California, Health and Safety Code Section 5001 and
Sections 1240.010, 1240.020, 1240.030, 1240.040, 1240.050, 1240.110, 1240.120, 1250.110 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 the owners of the subject
property and whose names and addresses appear on the most recent San Mateo County's
equalized assessment roll, all of whom have been given a reasonable opportunity to appear and
be heard before the City Council of the City of South San Francisco on the following matters:
a. Whether the public interest and necessity require the Project
bo
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 interests sought to be acquired are necessary for the Project
do
Whether the offer to purchase required by Government Code section 7267.2 has
been submitted to the owners of the real property interests
WHEREAS, pursuant to the provisions of Section 7267.2 of the Government Code of the
State of California, the City Council of the City of South San Francisco has made an offer to the
owners of subject property for just compensation.
NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows:
1. The public interest and necessity require the Project
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 property interests sought to be acquired are necessary for the project
The offer required by section 7267.2 of the Government Code of the State of
California has been made to the owners of subject property
The City Attorney of the City of South San Francisco or his duly authorized
designee be, and he 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 he may deem advisable or necessary
in connection therewith
o
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 do deposited, as a condition to the right of immediate possession
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the City Council of the City of South San Francisco at a regular meeting held on the 14th day of
January 2004 by the following vote:
AYES:
Councilmembers Joseph A. Femekes, Richard A. Garbarino, and Pedro Gonzalez,
Vice Mayor Raymond L. Green, and Mayor Karyl Matsumoto
NOES: None.
ABSTAIN: None.
ABSENT: None.
ATTEST:
City Clerk /
OWNER:
PACIFIC GAS AND ELECTRIC COMPANY
ACQUISITION: PERMANENT & TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT A
@PF Desktop\::ODMA/MHODMA/E BMAIN:676437; 1
Legal Description for a 12 foot wide Sanitary Sewer Easement
The land re £erred to herein is situated in the State of Califom
............................. Francisco;--descrlbed-as"fot'lo ws'; .................................
A portion SBE 135-41-30 Parcel 1, described as follows;
Beginning at a point on the west line of Lot 4, Block 2, as designated on the map tiffed "Amended Map of
Airport Boulevard Industrial Tract", recorded March 4, 1957 in Book 47 of Maps, Page 5, being distant
South 1-02-07 West, 0.73 feet from the northwest comer of Lot 4, thence North 45.2343 West, 101.50
feet, thence South 89.36-17 West, 66.48 feet, more or less to the westerly line of said Parcel i.
The sidelines of iaid easement being lengthened or shortened to intersect with the boundaries of said
parcel.
Containing 2,016 square feet, more or less.
Legal Description for a Temporary Construction Easement
The land referred to herein is situated in the State of California, County of San Marco, City of South San
Francisco, described as follows;
A portion SSS 135-4 t-30 Parcel I, described a~ follow~;
PARCEL A
Beginning at a point on the west line of Lot 4, Block 2, as designated on the map titled "Amended Map of
Airport Boulevard Industrial Tract", recorded March 4, 1957 in Book 47 of Maps, Page 5, being distant
South 1-02-07 West, 9.01 feet dom the northwest comer of Lot 4, thence South t-02-07 West, 13.80 feet,
thence North 45-23-43 West, 88,88 feet, thence South 89-36-17 We~t~ 66.48 feet to the westerly right of
way llne of said SBE Parcel I, thence along said line, North 1-02-07 East, 25.00 feet, thence leaving said
line North 89-36-17 East, 66.48 feet, thence South 45-23-43 East, 104.72 feet to th, e Point of Beginning.
Containing 2,707 square feet, mote or less.
PAR. CEL B
Commencing at a point on ttxe west tine of'Lot 4, Block 2, as designated on the map titled "Amended Map
of Ai~ort Boulevard lndustria! Tract", recorded Match 4, 1957 in Book 47 o{'Map~, Page 5, being distant
Soutl~ 1-02-07 West, 9.01 feet from the northwest corner or' Lot 4. thence North 45.23-42 West, 104,72
fee[, thence South 1~9-36-17 West. 66.48 feet ~o the westerly line of $aid SBE Parcel l, thence along
line, North 1-02-07 East, 12.5 feet to the True Point of Beginning ofthi~ description; thence, continuing on
said line North 1.02-07 East 128,04 feet, thence leaving said line, North 89-36-17 East, 70.00 feet, thence
South 1.02.07 West, 129.20 feet, thence North 45-23-43 Wc~t 1.63 feet, thence South 89-36-I7 West,
68,82 fcct to thc True Point of Beginning.
Contai~ing $,96t ~quare feet, mom or less.
OWNER:
ACQUISITION:
LEONID and INNA MEZHVINSKY
PERMANENT EASEMENT
EXHIBIT A
(~PFDesktoI~\::ODMA/MHODMA/EBM^IN:676455; 1
Exhibit A ;
Legal Description Sanitary Sewer Easement
The land referred to herein is situated in the State of California, County of San Marco, City of South San
Francisco, described as follows;
A portion Lot 4 in Block 2, as designated on th~ map ~ntltlcd "Amended Map of Ah'port Boulevard
Industrial Tract South San Francisco, San Marco County, Califomla", filed March 4j 1957 in Book 47 of
Maps, Page 5, described as follows;
Beginning at a point distant South 1-02-07 West, 12.50 feet from the northeast comet of Lot 4, said point
bcing at the intersection ora 12.50 foot wide public utilities easement (PUE) recorded in Book 5848
Official Records Page 109 and the westerly right-of-way line of Beacon Street; thence South 89-36-2 l
W'cst, 227.92 feet, thence North 45~23-43 West, 25.5 t feet to a point on said PUE, South 88-5%53 East,
246.33 feet to the point ofbegirming.
The sidelines of said easement being lengthened ot shortened to intersect with the boundaries of said
parcel,
Containing 3,521 square fe~t, more or less.
OWNER:
ACQUISITION:
COSTCO WHOLESALE CORPORATION
TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT A
@PFDe.~ktop\ :ODMA/MHODMA/EBMAIN:676438;1
Exhibit A
Legal beserlption for Proposed Temporary Construetiowt Easement
~ranciseo~ dc~cdb~ a~
A pnrt{on of panel 1 of~e lands of ~e City of fiouth San l~ratlc~co ~ sho~ on flxe map
"PARCEL MAP'BE~G ALL ~{E I.ANDS DEgC~ED IN THE DI~ED TO THE cri'y al,' so~
SAN FRANCISCO ~CO~ED SOaK 2320, PAGE 18 AND A PORTION OF T~E LA~S
DESCRIBED 1~ THE DEED TO'~ C~Y OF SOUTI~ SAN F~NCISCO RECORDED ~ BOOK
J 758, PAGE 296 OPtICaL ~CO~S aP gAN ~T~O CatTY", ~led in lbo O~cc aL'~e
Mateo Counly geeo[der, State ofCali[on~a, F~bmary 6, 1979 ~ VoJLIme 45 of P~c~J Maps, Page
more pmiaul~rly described a~ fbllows;
A 5trip of land 40 feet in width, the ~outherl'y line ofwIfich ~s described as foBows; cotm:oencing at the
s~m~westerty cornet of said Par~I I, thence along the we.qefly lin, of Pa, eel 1 North 24-18-01 West,
203_92 feet to the True Point ot'13egmning, thence Norll! 65-4-1~59 E~(~ 3038 feet, ~hcncc South 22-53 40
E~t 18'~,.% l f*~h tlmnce lqerth 82-07-09 East 59 ~.56 feet to a point on the e~sterly linc el~ said Pamel 1,
said pein[ being North 7-52-25 West 23.36 feet more or less fi'om the sotttb~rly l~ne of?steel 1.
Cuntahlh~g 0.75 acres, more or [ess.
t.~e~riags one Distances are based ott thc Califomi:~ Cooeditxafc ~yztcm of 1983 (CCStt3) Zone
[,n'ou~d distances divide by 0~999938.
OWNER:
ACQUISITION:
UNION PACIFIC RAILROAD COMPANY
FEE SIMPLE TITLE
EXHIBIT A
~PFDe$1~top\:;ODMA~MHODMA/EBMAIN;676459; 1
Exhibit A
Legal Description Proposed Union Pacific Railroad Property to be Acquired
The land referred to herein is situated in the State of California, County of San Mated, City of South San
Francisco, described as follows;
A portion of the Union Pacific Railroad lands as described in SBE g72-41-27C, Parcel,5, described as
follows;
Commencing at the intersection of the easterly line of the lands of the San Mated County Flood Control
District (formerly lands of the City and County of San Francisco) with the northerly l~.ne of the 1 O0 foot
wide drainage easement for Colma Creek, as said lines, are designated on the map titled "Person and
Swanson industrial Tract" recorded September 5, 1961, Official Records of the County of San Mated,
thence northerly along the West line or,aid San Malco County Flood Control District, North t5-0%37
l~ast, 126.50 feet; thence South ?5-08-48 East, 10.07 feet to the westerly line of said Union Pacific Railroad
lands also being the True Point of Beginning; thence South 75-08-48 East, 34.23 feet; t~ence southerly
along the easterly line of said UPRR lands along a curve to the left with a radial bearing of North 88-30-0 l-
East, a radius of 270.34 feet, and an arc length of 104.40 feet; thence $oulh 60-35-0fl West, 33,15 feet to
the westerly line of sold UPRK lands; thence northerly along the westerly line of said UPP~ lands along a
curve to the right with a radius of 303.34 feet and 130.13 feet in length to the True Point of' beginning.
Containing 3,870 square feet, more or less.
Bearings and Distances are bas,d on the California Coordinate System of 1983 (CCS83) Zone 3 to obtain
ground distances divide by 0.999958,
Exhibi~ A
Legal Description for Fee Parcel
l'h¢ l,md rcfcr~d to herein i,~ situate ia the State nf Cali£umla, Cotmty ~>fSan Mateo, City of South San
Fraucisco, de,¢ribed as ibllows;
B~inB a portion of 8,B,E. No. 872~1.1 SC, Parcel 12, also b~ing a portion of thc parcel d¢scfibe, d in the
deod to Union Pacific Railroad Company recorded on Jul.>, 18, 1927 in Book 292 of Official .ttecorOs ~
page 449, Reco~rls of San Malco County, more pmkularly d~scribed '~s follows;
Beginning at time 1uost easterly corner of Pm'eel 4, as shownt on tlm certain map entfficxl "PAR. GEL MAP,
BEING A Rfi,.SUBDIVI$1ON OF PARCEL 2, PARCEL MAP RECOItDED IN VOL, 3, PAO~ 44 OF
PA.1ICEL M.APR", filed o!~ AUGUST 8, .1968 in Book 6 of Parcel Maps ut page 2, Records of San Mau:O
County, said comer at~o being GU the southerly line of South. Canal 8facet, u.s shovn~ mt ~ald map; t'henc~
along said southerly line of Sol, th Carol StreeL South 74~2g' F. ast, a distance of l$.00 feet t, a poma on the
t,~erly line of said lands of Unlon Pacific Railroad Company; thence lcavh~g said southerly line of South
Canal Slrcet along $~id easterly line, Soulh 15033' West, a citsmnc¢ oi7 Ioo.00 ruer; t'Imnc¢ tooving sa~d
~zterly line, North 74°25' Wmt, a distance of 18.00 feet tua pmnt on thc wo~terly }ine of ~aicl land~
Union Pzcific Railroad Compm~y, said line also being the easlerly line Gl' said Parcel 4; thence along
said lines, North 15 _>3 East, a dist'anoe of 100.00 feet to the ~'oi,~t ur Best;ming
Cot~mlning 1800 square feet, more or tess.
OWNER:
ACQUISITION:
DALE C. MCLELLAN and VIRGINIA B. MCLELLAN
FEE SIMPLE TITLE & TEMPORARY CONSTRUCTION
EASEMENT
EXHIBIT A
@PFDesktop\: ODMA/MHODMA/EBMAIN;67$444; 1
Exhibit A
Legal Description Shaw Road Property to be Acquired
Francisco. described as follows;
A portion Of' Lot 5 aa designated on the map entitled "Industrial Acres, Soufl~ San Francisco, Calif.", in San
Marco County, California", May 23, 1932, in Book 35 of Maps Page 11, described as follows;
Beginning at a point on the northerly line ol'Shaw Rd. at the northerly terrrdnu, of the tine designated as
"South 80-21-00-East, 419.45 feet", on said map, said point also being at the intersection &said northerly
line with an existing City of South :gan Francisco parcel as shown on said map; thence alon8 said northerly
line South 79-1%30 East, 37.26 feet; thence leaving said northerly line North 01-34.1 i West, 114.26 feet;
thence South 88-4g-37 West, 85.1 fi feet; thence South 20-42-00 West, 7.46 feet; th~nce North 88-26-30
East, 73,00 feet; thence South 01-33-30 East, 99.99 feet; thence South 88-26-30 We~t, 21.40 f~et to the
Point of Beginning.
Containing 2,219 square feet, more or lest.
Bearings and Distances are based on the California Coordinate System of 1983 (CCS83) Zone 3 to obtain
ground distances divide by 0.999938.
Legal. Dc~:cripti0n $ltaw Road Temporary Constructlon Easemeut
The land r¢£ermd {n herein is ~;ituated il:, I1i: State; oC'Cali£omia, County of S:.~n Mawo, City o£goutll gan
Franclaco, d,'~ribed ~s rolluwo;
Commene;ng at a po{at on risc northgrl;, 1~1,,: of'.qha~v P.d. at dl-~ northerly tenldnu~ of thc llnc deslg~ted as
"~outh 80-2 l-O0-~a$~ 419.45 f~C', on ~id ~p, ~id p={nt being ~c in~c~ection of~aid ~o~=rly linc
South 79-17.30 I!a~l. 37.26 I~I m thc 'em= Point of Beginning; fl~cnec Soatlt 79-1¢-30 East. 41.96 feet;
d~cncc Nord~ 0 t.~4-11 W~I, 127.42 r,:~t; d~e~cc gomh ~g4R-~7 ~c~t, 10J.P0 reef: [hcnc~ South 0
E~s~, 4.50 rc~l: lh{~cc Norlb 88~8-37 ~lsl. 65.01 ¢¢¢~; thence South 01-34-1J Easl, 114.26 2et t~ thc Tree
$round 0htan,,~$ dh4dc by 0,9099~tlL
OWNER:
ACQUISITION:
SAN MATEO COUNTY FLOOD CONTROL DISTRICT
FEE SIMPLE TITLE
EXHIBIT A
@PFDesI~top\::ODMNMHODMN5 BMAIN;676441 ;1
Exhibit A
Legal Description Proposed San Marco County Property to be Acquired
............. _Thc_land r,fe.r~,d-to-hereiMs -~,,ated-m-th~-State ~sfCah~'am~a,-County o'f'S'~ Marco, City of South San
Francisco, described as follows;
A portion of the Lands of the San Marco County Flood Control District, described as follows;
Commencing at the intersection of the easterly line of the lands of the San Marco County Flood Control
District (formerly lands of the City and County or' San Francisco) with the north, dy line of the 100 root
wide drainage easement for Coitus Cre~k, as said lines are designated on the map titled "Person and
Swan,on Industrial Tract" recorded September 5, 1961. Official Records of thc County of San Marco,
thence Northarly along the East line of'said San Marco Cmmty Flood Control District. North 15-07-37
East, 0.99 feet to the True Point of'Beginning, thence Nortl~75-09-Ot We~t, 17.44 feet, thrace North 14-
51-08 East, 125.50 feet, thence South 75.08-48 East, ! 8.04 feet to said easterly line orS;an Marco County
Flood control District, thence along ~alct llne. South 15-07-37 West, 125.50 feet to tile True Point of
Beginning.
Conta{ning 2,226 square Feet. more or less.
Bearings and Distances arc based on the California Coordinate System of 1983 (CCS83) Zone 3. To obtain
ground distances divide by 0.999938.