HomeMy WebLinkAboutReso 60-2000RESOLUTION NO. 60-2000
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF SOUTH SAN
FRANCISCO AND THE UNIFIED SCHOOL DISTRICT FOR
ACQUISITION OF EASEMENT ALONG JUNIPERO SERRA
BOULEVARD
WHEREAS, the main purpose of the Memorandum of Understanding is to stipulate that
the school district's right of access to Junipero Serra Boulevard is not eliminated.
WHEREAS, the cost for the easement and staff's time is included in the project cost
budgeted in the full year Capital Improvement Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that the City Council hereby authorizes a Memorandum of Understanding between the
City of South San Francisco and the Unified School District for acquisition of easement along
Junipero Serra Boulevard.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the
Agreement on behalf of the City of South San Francisco.
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 June ,2000 by the following vote:
AYES:
Councilmembers Pedro Gonzalez, Eugene R. Mullin and John R. Penna, Mayor
Pro Tem Joseph A. Fernekes and Mayor Karvl Matsumoto
NOES: None.
ABSTAIN: None.
ABSENT: None.
F:\File Cabinet\RESO\mou.res.doc
ATTEST:
City Clerk
DRAFT 3-28-00
AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE SOUTH
SAN FRANCISCO UNIFIED SCHOOL DISTRICT
This Agreement is entered into this day of ,2000, by and between the City of
South San Francisco, a municipal corporation, ("City") and the South San Francisco Unified
School District, a subdivision of the State of California ("School District").
WHEREAS: The City of South San Francisco has obtained Federal and other funds to enable it
to reconstruct the slope adjacent to Junipero Serra Boulevard in the City of South San Francisco
which will benefit the City of South San Francisco; and
WHEREAS: A portion of the slope included in that project is owned by the South San Francisco
Unified School District at its Serra Vista School site; and
WHEREAS: In order for the City of South San Francisco to complete the project in acc6rdance.
with the funding requirements of the Federal Highway Administration Emergency Relief
Program, it is necessary that the City of South San Francisco obtain a non-exclusive grant
easement over that portion of the slope subject to the reconstruction project; and
WHEREAS: The City of South San Francisco has determined that the non-exclusive easement
which it is seeking to take by eminent domain power on that portion of the South San Francisco
Unified School District's Serra Vista Site, as more fully described in Exhibit A, hereto, has only
nominal value; and
WHEREAS: Such valuation of the non-exclusive easement is based on a determination by the
City of South San Francisco that the non-exclusive easement will not interfere with any use the
District may make of the property which is subject to the non-exclusive easement in the future;
and
WHEREAS: The South San Francisco Unified School District wishes to cooperate with the City
of South San Francisco in completing its slope and drainage improvement project on property
adjacent to Junipero Serra Boulevard, a portion of which is owned by the South San Francisco
Unified School District;
NOW THEREFORE BE IT HEREBY AGREED BETWEEN THE PARTIES:
1. The School District will grant to the City a non-exclusive easement on that certain
portion of its Serra Vista School site, more fully described in Exhibit A, attached hereto
(hereinafter referred to as the "Property"). The agreed upon terms of the non-exclusive easement
are set forth in Exhibit B, attached hereto. Such non-exclusive easement is for the purpose of a
slope and drainage project on the School District's Property and other parcels adjacent to
Junipero Serra Boulevard in the City of South San Francisco.
2. In consideration of the grant of the non-exclusive easement over the Property by the
School District, the City will pay the School District the nominal sum of One Thousand ($1,000)
dollars a just compensation for the taking of an interest in School District property.
3. Valuation of the non-exclusive easement has been determined by the City and
accepted by the School District based on the parties' agreement that the non-exclusive easement
will not affect the School District's right to use the Property or to improve the Property in any
way.
4. The parties hereto acknowledge that time is of the essence, and the School District
agrees to promptly consider granting the non-exclusive easement at a public meeting and execute
the necessary documents which shall be prepared by the City and forwarded to the School
District.
This Agreement is executed this __
City and School District.
day of
,2000, by authorized representatives of the
City of South San Francisco
By
South San Francisco Unified School District
By