HomeMy WebLinkAboutReso 118-2004 RESOLUTION NO. 118-2004
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
Parcel No: APN 015-162-020- 225 Shaw Road, 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 permanent easement 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 subject
property;
5. 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
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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 do deposited,
as a condition to the right of immediate possession.
[Remainder of Page Intentionally Left Blank.]
The foregoing Resolution was adopted at a regular meeting of the City
Council of the City of South San Francisco held on the 8th day of December,
2004 by the following vote:
AYES:
NOES:
ABSTAIN:
Councilmembers Richard A. Garbarino and Pedro Gonzalez, Mayor
Pro Tem Joseph A. Fernekes and Mayor Raymond L. Green
Councilmember Karyl Matsumoto
None.
ABSENT: None.
ATTEST: ~, ~,~.'/~. ~~,.,..
/ City Clerk
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EXHIBIT A
Legal Description for Proposed Easements
Portions of that certain parcel of land situate in the City of South San Francisco, County
of San Mateo, State of California, described and recorded in Document No. 2002223977
on October 31, 2002 in the Records of the said County of San Mateo, more particularly
described herein as follows:
PARCEL 1: Permanent Utility Easement
Beginning at the southeasterly corner of said parcel, which is also a point in the northerly
fight of way line of Shaw Road; thence along the easterly line of said parcel, North 1° 33'
12" West, 42.90 feet to the True Point of Beginning; thence leaving said easterly line,
South 88° 26' 48" West, 36.67 feet; thence North 34° 03' 12" East, 16.95 feet; thence
North 50° 30' 42" East, 33.99 feet to the easterly line of said parcel; thence along said
easterly line, South 1° 33' 12" East, 34.67 feet to the Point of Beginning.
Containing an area of 717 square feet, more or less.
APN: 015-162-020
CSDocuments and Settings\vgattrell~Local Settings\Temporary Internet Files\OLK7L225 Shaw Rd
Legal .doc
8/27/2004