HomeMy WebLinkAboutReso 52-2021 (21-175)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 52-2021
File Number: 21-175 Enactment Number: RES 52-2021
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SOUTH SAN FRANCISCO ADOPTING A
RESOLUTION OF NECESSITY FINDING AND
DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUIRING AND AUTHORIZING
THE CONDEMNATION OF REAL PROPERTY, FOR
PHASE II OF THE COMMUNITY CIVIC CAMPUS
PROJECT, LOCATED IN AND ALONG ANTOINETTE
LANE (NO ADDRESS, NO ASSESSOR'S PARCEL
NUMBER)
WHEREAS, the City of South San Francisco (the "City") proposes to acquire a fee simple
interest in the entire parcel located in and along Antoinette Lane in the City of South San Francisco,
County of San Mateo, and described in the legal description attached hereto and incorporated by
reference as Exhibit A and depicted in the plat map attached hereto and incorporated by reference as
Exhibit B (the "Subject Property") for the Community Civic Campus Project Phase II (the "Project");
and
WHEREAS, as the City is authorized to acquire the Subject Property in fee by eminent domain
under the provisions of Article I, section 19 of the California Constitution; Government Code sections
37350.5, 37501, 38002, 38010, 37353 and 40404; Public Resources Code section 5301; and Code of
Civil Procedure sections 1230.010 et. seq. (the California Eminent Domain Law), including but not
limited to sections 1240.010, 1240.020, 1240.030, 1240.110 and 1240.120, and other provisions of the
law; and
WHEREAS, the larger Community Civic Campus Project is a three-phase project that will
construct a number of new public facilities for use by City departments and members of the public
accessing City services and taking part in a range of social, cultural, and recreational activities. Phase 1
will be the new state-of-the-art Police station (located at the corner of Chestnut Avenue and Antoinette
Lane) that will serve as the department's headquarters, and will also provide office space for the City's
Information Technology and Human Resources departments. Phase II will be the combined Library,
Parks & Recreation and Community Theater / Council Chamber center and park (located along El
Camino Real between Chestnut Avenue and Arroyo Drive). A new building will house a new library
branch, as well as a vast amount of space dedicated to exhibiting artwork, performances, and classrooms
for use by the public. In addition, the Phase II building will include a new City Council chambers that
will also serve as a community theatre. Finally Phase II includes a public park with playground and
exercise areas. Phase III will consist of construction of a new fire station and future development on the
current City -owned Municipal Services Building site; and
WHEREAS, the Project stems from a critical need to maintain essential City services and to
meet increasing demand for library services and recreational programming in the City; and
City of South San Francisco Page 1
File Number. 21-175
Enactment Number. RES 52-2021
WHEREAS, the Project will meet these needs through construction of a new library branch;
new recreation facilities that include art classrooms, exhibit space, and dance studios; offices for the
City's human resources, library, and parks and recreation departments; a new Council chambers and
community theatre; and a park with playground, exercise equipment, and open space; and
WHEREAS, the City evaluated the environmental impacts of the Project when it evaluated the
impacts of all phases of the Community Civic Campus Project pursuant to the California Environmental
Quality Act ("CEQA"), and the City Council, as lead agency for purposes of CEQA, certified and
adopted a Subsequent Environmental Impact Report ("SEIR") for the Community Civic Campus Project
at a duly noticed public hearing on December 13, 2017. The SEIR serves as the CEQA documentation
for the City's consideration and approval of the Project, and no additional CEQA review is required; and
WHEREAS, the City considered and examined alternatives to the Project, and has considered
whether the Project is planned or located in a manner that is the most compatible with the greatest public
good and the least private injury; and
WHEREAS, the Subject Property is a remnant parcel left over from a larger land holding.
Much of the Subject Property is currently encumbered by the Antoinette Lane roadway with asphalt
paving, curbing, gutter, and sidewalk, and only a small portion of the land is outside of the public road,
and this portion is vacant; and
WHEREAS, the Subject Property is located on the site for the Project; and
WHEREAS, the Subject Property was appraised by an independent real estate appraiser and an
amount believed to be just compensation was established by the City; and
WHEREAS, the Subject Property has no address and is not assessed. Thus, there is no owner
listed with the County of San Mateo Tax Assessor. The owner of record of the Subject Property is Baden
Brick Company ("Owner"), a corporation that dissolved in 1914. The Owner has no agent for service of
process or address on file with the California Secretary of State, and the City was unable to locate a
living representative of the corporation; and
WHEREAS, despite the efforts of the City to identify and locate the Owner of the Subject
Property, no living representative of Owner has been located and, as a result, the City was not able to
make a written offer for the appraised value of the Subject Property pursuant to Government Code
section 7267.2; and
WHEREAS, on February 10, 2021, a Notice of Intention to Adopt a Resolution of Necessity,
incorporated herein by reference, was posted on the Subject Property and on the City website; a notice
was also published in the San Mateo Daily Journal; and
WHEREAS, the notice notified the property owner of its right to be heard before the City
Council on March 10, 2021, on the following matters:
1. Whether the public interest and necessity require the Project;
City of South San Francisco Page 2
File Number: 21-175
Enactment Number: RES 52-2021
2. Whether said Project is planned or located in the manner that will be most compatible
with the greatest public good and the least private injury;
3. Whether the Subject Property is necessary for the Project; and
4. Whether the offer required by Government Code section 7267.2 has been made to all
owners of record, unless the owner or owners could not be located with reasonable
diligence.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco hereby finds the recitals above are true and accurate; and
BE IT FURTHER RESOLVED, the City Council additionally finds and declares the following:
1. The public interest and necessity require the Project; and
2. The Subject Property is being acquired for a public use, namely for the construction of civic,
park, and recreational facilities, and public streets, and for all public purposes pursuant to the
authority conferred upon the City to acquire by eminent domain by virtue of Article I, section 19
of the California Constitution; Government Code sections 37350.5, 37501, 38002, 38010, 37353
and 40404; Public Resources Code section 5301; and Code of Civil Procedure sections 1230.010
et. seq. (the California Eminent Domain Law), including but not limited to sections 1240.010,
1240.020, 1240.030, 1240.110 and 1240.120, and other provisions of the law; and
3. The Subject Property, specifically a fee interest in the entire real property located in and along
Antoinette Lane in the City of South San Francisco, County of San Mateo, and described and
depicted in Exhibits A and B, is necessary for the Project; and
4. The offer required by Government Code section 7267.2 has not been made to all owners of
record because the owner could not be located with reasonable diligence; and
5. The requirements of the California Environmental Quality Act have been satisfied; and
6. Insofar as any portion of the Subject Property has heretofore been appropriated for public use
under Code of Civil Procedure section 1240.510 in that the City's use of the Subject Property
will not unreasonably interfere with or impair the continued public use as it now exists or may
reasonably be expected to exist in the future, and alternatively, for a more necessary public use
under Code of Civil Procedure section 1240.610 in that the City's use of the Subject Property is a
more necessary public use than the use to which the Subject Property is appropriated; and
7. The City has complied with the provisions of Code of Civil Procedure section 1245.235 by
providing reasonable written notice to each person whose property is to be acquired by eminent
domain and a reasonable opportunity to appear and be heard on the matters referred to in Section
1240.030; and
BE IT FURTHER RESOLVED that outside counsel, Meyers Nave, is hereby authorized to
proceed immediately with the commencement of an action for eminent domain pursuant to the Eminent
Domain Law set forth in the Code of Civil Procedure section 1230.010, et seq., for the acquisition of the
Subject
City of South San Francisco Page 3
File Number: 21-175
Enactment Number. RES 52-2021
Property described and depicted in Exhibits A and B, attached hereto, and to deposit with the State
Treasury the amount of probable just compensation established by an approved appraisal.
EXHIBIT A
EXHIBIT B
At a meeting of the City Council on 3/10/2021, a motion was made by Vice Mayor Nagales,
seconded by Councilmember Nicolas, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Addiego, Vice Mayor Nagales, Councilmember Nicolas, Councilmember
Coleman, and Councilmember Flores
i
Attest by L4
sa Govea Acosta, City Clerk
City of South San Francisco Page 4
EXHIBIT A - PROPERTY DESCRIPTION
BADEN BRICK PROPERTY
Page 1 of 3
BKF ENGINEERS
255 Shoreline Drive, Suite 200, Redwood City, CA 94065 | 650.482.6300
March 04, 2021
BKF No 20170241-55
LEGAL DESCRIPTION
BADEN BRICK COMPANY PARCEL
All that certain real property situate in the City of South San Francisco, County of San Mateo, State of
California, being All that portion of the southwesterly one-half of Mission Road (66 feet wide) as shown
on that map of "That Part Of The Lux Ranch Laying West Of Mission Road", filed March 10, 1891 in Book
D of Maps, Page 58, lying southeasterly of the northeasterly prolongation of the southeasterly line of that
certain "Take Parcel 1" as described in Quitclaim Deed recorded January 31, 2008 as Instrument No. 2008-
009955 of Official Records, and lying northwesterly of the northeasterly prolongation of the northwesterly
line of Chestnut Avenue as described in Highway Deed recorded February 03, 1971 in Book 5892, Page
452 of Official Records;
Excepting therefrom that portion lying within the Southern Pacific Company's Right of Way as conveyed
in Deed recorded August 16, 1878 in Book 29 of Deeds, Page 442.
Said Parcel being more particularly described as follows:
BEGINNING at the Southeasterly corner of said “Take Parcel 1”, said corner also being on the westerly
right-of-way line of said Antoinette Lane as shown on said map;
Thence along the prolongation of the southerly line of said “Take Parcel 1”, North 71º35’23” East, 33.46
feet to the centerline of said Antoinette Lane;
Thence along said centerline, South 08º56’19” East, 91.71 feet,
Thence continuing along said centerline, South 45º05’19” East, 258.08 feet to the westerly line of said
Highway Deed;
Thence southerly along the westerly line of said Highway Deed, South 57º58’54” West, 27.14 feet to a
point on the westerly line of said lands described in Deed recorded August 16, 1878 in Book 29 of Deeds,
Page 442;
Thence along the northeasterly line of last said lands, North 47º00’19” West, 196.37 feet;
Thence along the southwesterly right-of-way line of said Antoinette Lane, the following two (2) courses:
1. North 45º05’19” West, 66.45 feet;
2. North 08º56’19” West, 96.98 feet to the POINT OF BEGINNING.
Containing 11,042 square feet more or less.
March 04, 2021
Page 2 of 3 BKF ENGINEERS
A plat showing the above described parcel is attached hereto and made a part hereof.
This legal description was prepared by me or under my direction in conformance with the requirements
of the Professional Land Surveyors’ Act.
_ 3/4/2021
David C. Jungmann, PLS 9267 Dated
END OF DESCRIPTION
EXHIBIT B - PLAT MAP
BADEN BRICK PROPERTY
33'66'ANTOINETTE LANE(FORMERLY OLD MISSION ROAD - D MAPS 58 - 66' R.O.W)CHES
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)N08°56'19"W96.98'N71°35'23"E33.46'S08°56'19"E91.71'S45°05'19"E258.08'S57°
5
8
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5
4
"
W
27.1
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'N47°00'19"W196.37'LANDS OFBADEN BRICK CO.AREA = 11,042 ± S.F.POBN45°05'19"W66.45'N
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50' LEGENDADJACENT LOT LINECENTER LINEEASEMENT LINESUBJECT BOUNDARY LINESQ.FT.SQUARE FEETPOBPOINT OF BEGINNINGR.O.W.RIGHT OF WAYJob No.SubjectOF255 SHORELINE DR.,SUITE 200REDWOOD CITY, CA 94065(650) 482-6300www.bkf.comBy Chkd. Date