HomeMy WebLinkAboutReso 17-2004RESOLUTION NO. 17-2004
A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST
AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN
LAND AND DIRECTING THE FILING OF EMINENT DOMAIN
PROCEEDINGS WET WEATHER PROJECT
Parcel Nos: APN 015-113-330 - San Mateo Blvd, APN 015-113-290 - San Mateo Blvd,
APN 015-113-410 - San Mateo Blvd, APN 015-113-180 - Airport Blvd & San Mateo Blvd,
APN 015-115-540 - Lowrie Avenue, and APN 015-113-450 San Mateo Avenue, 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; and
(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; and
(c)
Whether the interests sought to be acquired are necessary for the
Project; and
(d)
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;
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 property interests sought to be acquired are 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 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;
An order for prejudgment possession may be obtained in said action and a
wan'ant 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 25th day of
February 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
Exhibit A
Legal Description for Proposed Easement
The land referred to herein is situate in the State of California, County of San Mateo, City of South San
Francisco, described as follows;
A portion of the parcel of land conveyed to Parking Company of America Airports, LLC as described in the
deed recorded on December 20, 2002 as Series No.2002-273068, Records of San Marco County, more
particularly described as follows;
BEGINNING at the most southeasterly comer of Lot 21, in Block 2, as shown on that certain map entitled
"PERSON AND SWANSON INDUSTRIAL TRACT, SOUTH SAN FRANCISCO, SAN MATEO
COUNTY, CALIFORNIA", filed on September 5, 1961 in Book 55 of Maps at pages 12 and 13, Records
of said San Marco County; thence along the easterly line of said Lot 21, North 1 l°39'00" East, distance of
25.00 feet; thence leaving last said line, South 78°21'00" East, a distance of 33.00 feet; thence South
1 l°39'00" West, a distance of 50.00 feet; thence North 78°21 '00" West, a distance of 33.00 feet to a point
on the easterly line of Lot 20 in said Block 2 of said map; thence along last said easterly line, North
11°39'00" East, a distance of 25.00 feet to the POINT OF BEGINNING
Containing an area of 1,650 square feet, more or less.
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~,650 Sq. Ft. +/-
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AMERICA AIRPORTS
O N 11'39'00" E 25.00'
(~) S 78'21'00" E 33.00'
(~) S 11'39'00" W 50.00'
Q N 78'21'00" W ~3.00'
(~) N 11'59'00" E 25.00'
i~,~4)ping by:
"~_,~,~ll/ll I Surveying, Mapping
I ~ 11'~1' il~.,L--I and GIS Servicee
5999 Comn~erc:,a[
PLAT TO ACCOMPANY
LEGAL DESCRIPTION
DATE OF SURVEY:2/07/2004 DFT: ML
SCALE: 1"= 100' PM: RS
JoB NO: a~8 SHFFT
1 OF I
Exhibit A
Legal Description for Proposed Easement
The land referred to herein is situate in the State of Califorrfia, County of San Mateo, City of South San
Francisco, described as follows;
A portion of the parcel of land conveyed to Paul and Laura Bourque and Douglas and Valerie Patterson as
described in the deed recorded on January 22, 2002 as Series No. 2002-010980, Records of San Mateo
County, more particularly described as follows;
COMMENCING at the most westerly comer of Lot 21, in Block 2, as shown on that certain map entitled
"PERSON AND SWANSON INDUSTRIAL TRACT, SOUTH SAN FRANCISCO; SAN MATEO
COUNTY, CALIFORNIA", filed on September 5, 1961 in Book 55 of Maps at pages 12 and 13, Records
of said San Mateo County, said corner also being on the easterly right of way line of San Mateo Avenue, as
shown on said map; thence along the southerly line of said Lot 21, South 78°21'00" East, a distance of
10.00 feet; thence leaving said southerly line, North 11°39'00" East, a distance of 5.00 feet to a point on an
existing 5 foot wide public utility easement line as shown on said map, said point being the POINT OF
BEGINNING of this description; thence North 11°39'00'' East, a distance of 20.00 feet; thence South
78o21'00" East, a distance of 140.00 feet; thence South 11o39'00" West, a distance of 20.00 feet to the
said existing public utility easement line; thence along last said easement line, North 78°21'00" West, a
distance of 140.00 feet to the POINT OF BEGINNING.
Containing an area of 2,800 square feet, more or less.
IL
/ /
Temporary Access Easement/ /
2,800 Sq. Ft. +/-. / / 24
LANDS OF BOURQUEX / / ./'
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S 78'21'00" E
S 11'39'00" W
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10.00'
6.00'
20.00'
140.00'
20.00' r~
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PLAT TO ACCOMPANY
LEGAL DESCRIPTION
DATE OF SURVEY: 2/07/2004
SCALE: 1" = 100'
JOB NO: 8838
DFT: ML
PM: RS
SHEET
1 OF
1 I
Exhibit A
Legal Description for Proposed Easement
The land referred to herein is situate in the State of California, County of San Mateo, City of South San
Francisco, described as follows;
A portion of the parcel of land conveyed to Elias Hanna, Trustee of the Elias S. Hanna Trust dated June 10,
1996 as described in the deed recorded on September 9, 1996 as Series No. 96111424, Records of San
Mateo County, more particularly described as follows;
COMMENCING at the most southeasterly comer of Lot 21, in Block 2, as shown on that certain map
entitled "PERSON AND SWANSON INDUSTRIAL TRACT, SOUTH SAN FRANCISCO, SAN MATEO
COUNTY, CALIFORNIA", filed on September 5, 1961 in Book 55 of Maps at pages 12 and 13, Records
of said San Mateo County; thence along the easterly prolongation of the southerly line of said Lot 21,
South 78°21 '00" East, a distance of 33.00 feet to a point on the westerly line of said parcel conveyed to
Hanna, said point being the POINT OF BEGINNING of this description; thence along said westerly line,
North 11o39'00" East, distance of 25.00 feet; thence leaving last said line, South 78°21'00'' East, a
distance of 23.54 feet; thence South 1 l°39'00'' West, a distance of 50.00 feet; thence North 78021'00"
West, a distance of 23.54 feet to a point on said westerly line; thence along said westerly line, North
1 l°39'00" East, a distance of 25.00 feet to the POINT OF BEGINNING.
Containing an area of 1,177 square feet, more or less.
~~ // / LANDS OF HANNA
Beginning / G ~ Temporary C~struction Easement
LANDS OF HANNA
(PARCEL ONE)
APN: 015-115- 290
~ S 78'21'00" E 33.00'
~ N 11'59'O0" E 25.00'
~ N 78'21'00" W 23.54'
~ N 11'39'O0" E 25.00'
PLAT TO ACCOMPANY
LEGAL DESCRIPTION
DATE OF SURVEY: 2/07/2004 DFT: ML
SCALE: 1" : 100' PM: RS
JOB NO: 88,.38 RHFFT
Exhibit A
Legal Description for Proposed Easement
The land referred to herein is situate in the State of California, County of San Mateo, City of South San
Francisco, described as follows;
A portion of the parcel of land conveyed to Public Storage Properties XIV, Inc. as described in the deed
recorded on August 2, 1991 as Series No. 91101050, Records of San Mateo County, more particularly
described as follows;
COMMENCING at the most southerly comer of said land conveyed to Public Storage Properties XIV, Inc.,
said comer also being on the general easterly right of way line of the Southern Pacific Company, as
recorded November 20, 1930 in Book 506 of Official Records at page 00, Records of San Mateo County;
thence along said general easterly right of way line, also being the westerly l/ne of said lands of Public
Storage Properties XIV, Inc., the following two courses: 1) North 52043'55" West, a distance of 7.44 feet;
2) along a tangent curve to the right having a radius of 270.34 feet, through a central angle of 46°53'52",
for an arc length of 221.28 feet to the POINT OF BEGINNING of this description, from which point a
radial line bears North 84°09'15" East; thence continuing along said right of way line and westerly line and
curve, through a central angle of 4°20'47'', for an arc length of 20.51 feet; thence leaving last said lines,
North 88o42'46" East, a distance of 6.22 feet; thence South 2043'35" East, a distance of 21.10 feet; thence
South 84009, 15" West, a distance of 5.91 feet to the POINT OF BEGINNING.
Containing an area of 130 square feet, more or less.
R=270.54'
L=20.51'
T=10.26
Z~=4'20'47"
6.22'___ __ '~ __
N88'42'46 'E
Point of////~°~
Begin.ning
(PCB)
DETAIL
1" = 20'
5.91'
SAN MATEO PUMP
STATION FACILITY
SEE
DETAIL
Point of
Commencement
PLAT TO ACCOMPANY
LEGAL DESCRIPTION
Mapping by:
! V'~' Ii-I,=land 61S Services
5099 Commercial Circle Suite 100
Concord, CA 94520-8531
DATE OF SURVEY: 02-07-2004
SCALE: t" = 80'
JOB NO: 8388-101-022
RW¢. NAMF' ~R-~RI~Tk'
DFT: RBY
PM: RSS
SHEET 1
OF
Exhibit A
Legal Description for Proposed Easement
The land referred to herein is situate in the State of Califorrda, County of San Mateo, City of South San -
Francisco, described as follows;
A portion of that certain parcel of land described in the Quitclaim Deed from Geico Corporation to Penske
Track Leasing Co., L.P., recorded on January 5, 1989 under Recorder's Serial No. 89001251, Official
Records of San Mateo County, more particularly described as follows;
BEGINNING at the southwesterly comer of said lands of Penske Track Leasing Co., said comer also being
the southeasterly comer of Lot 25, Block 1, as shown on that certain map entitled "BOTHIN
SUBDIVISION NO. 2, SOUTH SAN FRANCISCO, SAN MATEO COUNTY, CALIFORNIA", fried on
February 27, 1968 in Book 67 of Maps at pages 17 and 18, Office of the County Recorder of San Mateo
County; thence along the westerly line of said lands of Penske Track Leasing Co., North 13°20'16" East, a
distance of 308.01 feet to the southeasterly comer of Parcel One, as said parcel is described in the Deed to
San Mateo Flood Control District, recorded on January 17, 1983 under Recorder's Serial No. 83004769,
Official Records; thence along the southerly line of last said Deed, South 54o33'45" East, a distance of
71.23 feet to a point on the easterly line of said lands of Penske Track Leasing Co., said line also being the
westerly line of Lot 28, in Block 1, as shown on said map; thence along the said easterly line of the lands
of Penske Track Leasing Co., South 13°20'16" West, a distance of 309.03 feet to the southwesterly comer
of last said lands, said comer being the be_~ming of a non-tangent curve, having a radius of 40.00 feet,
from which point a radial line bears North 15028'22" East; thence along the southerly line of last said lands
and curve the following two courses: 1) northwesterly along said curve to the right, through a central angle
of 41 °42'35", for an arc length of 29.12 feet to the beginning of a reverse curve to the left having a radius
of 60.00 feet; thence along said reverse curve through a central angle of 42°08'40", for an arc length of
44.13 feet to the POINT OF BEGINNING.
Containing an area of 20,294 square feet, more or less.
Plat
To
Accompany
Legal
Deserip[ion
LOWRIE AVE.
23
BLO
24
~--'~'"-'~--~. 33' San Marco Co.
~' ~' 1 '"'" - _Flood Control District
~' ~--"' ~'~ Ingress/Egress Ease.
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'P o r-c.fiel Two
25 ....
67 MAFS 17.-18
~N.///Point of Beginning
~/ N13'20'16"E 308.01' ,
G1 APN: 015-115-540 i/O
- / _ _2°._29:L ~. Zt. +_/z _ _ _
(~/Lands of Penske Truck Leesing ~o.
"~'~ Serial No. 89001251
x/'~ S13'20' 6"W 509.03' /
/ /
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27
San Mateo Co.
Flood Control District
Parcel One
Doc. No. 83004769
Oo/m n~e/~ °ge /
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'S 12-15 /
/
28 ~ S54'53'45"E 71.23'
~ R=40.00' A=41"42'35'
~ R=60.00' ~= 42"08'40"
L=29.12'
L=44.15'
TMapping by:
'l"t'l~ltJrl Il I Surveying, Mapping
! ~,~ ~F ~f aa--a--land GIS Services
5075F Commercial Circle
Concord, CA 94520-8531
PERMANENT EASEMENT
Portion between Lowrie Ave & Colma Creek
City of South San Francisco
Scale'
Date:
By:
1 "=100'
2~07/2004
ML/RS