HomeMy WebLinkAboutReso 71-2004 RESOLUTION NO. 71-2004
OF THE CITY OF SOUTH SAN FRANCISCO DETERMINING
THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION
OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT
DOMAIN PROCEEDINGS
WET WEATHER PROJECT
1415 San Mateo Blvd, South San Francisco
Parcel Nos:
APN 015-112-480
APN 015-112-580
APN 015-112-660
APN 015-112-670
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.
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, 1240.510, 1240.610, and 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;
(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 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 the subject
property;
5. The City has complied with the California Environmental Quality Act, by
adopting a Mitigated Negative Declaration and a Mitigation Monitoring
2
Program for the Sewer Improvements/Wet Weather Project on October
23, 2002;
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 warrant issued to the State Treasury Condemnation
Fund, in the amount determined by the Court to be deposited,
as a condition to the right of immediate possession.
[Remainder of Page Intentionally Left Blank.]
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
July 2004 by the following vote:
AYES:
Councilmembers Joseph A. Femekes, Richard A. Garbarino, and Pedro Gonzalez,
and Vice Mayor Raymond L. Green and Mayor Karyl Matsumoto
NOES: None.
ABSTAIN: None.
ABSENT: None.
ATTEST:
City Clerk