HomeMy WebLinkAboutReso 73-1998RESOLUTION NO. 73-98
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION OF NECESSITY DETERMINING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUISITION OF CERTAIN LAND AND DIRECTING THE
FILING OF EMINENT DOMAIN PROCEEDINGS
( SBEs 874-41-34J; 872-41-34P)
Oyster Point Boulevard Improvement Project
SBEs 874-41-34 and 872-41-34P
WHEREAS, it is desirable and necessary for the City Council of the City of South San
Francisco to acquire interests in certain real property in order to construct the Oyster Point Boulevard
Improvement Project;
WHEREAS, the property interests needed for the Oyster Point Boulevard Improvement Project
include fee simple title, a permanent utility easement, permanent easements for the construction and
maintenance of traffic loops, and temporary constructions easements in, over, across and though
portions of real property, more particularly described in Exhibit A attached hereto and made a part
hereof by reference;
WHEREAS, the City of South San Francisco is vested with the power of eminent domain to
acquire real property by virtue of Article 1, Section 19, of the Constitution of the State of California,
and Section 1240.050, 1240.110, 1240.120 1240.125, 1240.150, 1240.240, 1240.410 and 1240.610 of
the Code of Civil Procedure of the State of California; and
WHEREAS, on May 27 1998, the City Council of the City of South San Francisco by
Resolution No. 66_q{3adopted the Negative Declaration for the adoption of the Oyster Point Boulevard
Improvement Project, pursuant to the California Environmental Quality Act. The Notice of
Determination for the Negative Declaration was filed with the San Mateo County Clerk on May 28,
1989; 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 all persons whose property is to be acquired by
eminent domain and whose names and addresses appear on the last San Mateo County 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 least private injury;
(c) Whether the property sought to be acquired is necessary for the Project;
and
(d) Whether the offer to purchase required has been submitted to the owner to
owners of record of the real property.
WHEREAS, the City of South San Francisco has made an offer to the owner or owners of
record to acquire the subject property for just compensation;
BE IT RESOLVED as follows:
o
°
The Public interest and necessity require the Project which is to widen, improve and
construct a state route and/or public street and improvements and appurtenances related
thereto in connection with the Oyster Point Boulevard Improvement;
The Project is planned and located in the manner which will be most compatible with
the greatest public good and the least private injury:
The property interests sought be acquired are necessary for the project;
The offer required has been made to the owner or owners of record of the real
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 warrant
issued to the State Treasury Condemnation Fund, in the amount determined by the
Court to be so 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 regul ar meeting held on the 10th day
of dune ,1998 by the following vote:
AYES: Cou nci 1 members
Matsumoto, John R.
NOES: None
ABSTAIN: None
ABSENT: None
James L. Datzman, Joseph A. Fernekes,
Penna and Mayor Eugene R. Mullin
ATTEST:
Karvl
EXHIBIT A RESOLUTION NO. 73-98
SOUTHERN PACIFIC RAILROAD CO.
S,B.E. 872-41-34P and 872-41-34J
City of South San Francisco
County of San Mateo
Oyster Point Boulevard
S.B.E. No. 872-41-34P & 34J
Southern Pacific Railroad Co.
Acquisition
RESOLUTION NO.
"EXHIBIT A'
S.B.E 872-41-34P-1, P-2 & J-1
73-98
· ' Legal Description
Those parcels of land in the City of SoOth San Francisco, County of San MatZo, State of
California, described as follows:
PARCEL 1
Beginning at a granite monument set 659.95 feet S1°09'23'W of the comer common to
Sections 14-'15-22 and 23, Township 3 South, Range 5 West, M.D.M., said monument being
distant 12.00 feet Nl°09'23"E from the southwesterly comer of the Wildberg Metal Refining
Company tract in the City of South San Francisco; thence S1°09'23'W 12.00 feet; thence
along the southerly line of said Wildberg tract, S88°48'52"E 300.22 feet; thence continuing
along said southerly line N89°35'53"E 229.99 feet to the southeasterly comer of the 0.146
acre parcel of land acquired by Wildberg Brothers, described in deed recorded March 9,
1923 in Volume 66, at Page 381 Official Records of San Mateo County, being also the
northeasterly corner of the land of the Southern Pacific Company; thence S1°09'23"W, along
the easterly line of said land of said. Company, 60.68 feet; thence S56°38'44'W 13.51 feet to
the most northeasterly comer of Parcel A as shown on that map recorded in Book 22 of
Parcel Maps at Page 35 said comer being the beginning of a tangent curve concave to the
north having a radius of 544.96 feet, from which a radial line bears N16°03'20"W; thence,
along the northerly line of said Parcel A, westerly 160.40feet along said curve through a
central angle of 16°51'51"; thence, continuing along the northerly line of said Parcel A,
N89°ll'29"W 82.00 feet to the beginning of a non- tangent curve concave to the south
having a radius of 476.63 from which a radial line bears S15°13'17"W; thence, along the
northerly line of Lot 42 as shown on that map recorded July 11,1958 in Volume 49 of Maps
at Page 25-26-27-28, Records of San Mateo County, California, westerly 119.90 feet along
said curve through a central angle of 14°2.4'46"; thence continuing along said northerly line
N89°ll'29"W 523.91 feet to the beginning of a curve concave to the south having a radius of
654.95 feet; thence continuing along said northerly line, westerly 124.90 feet along said curve
through a central angle, of 10055'34" to Point A on the southerly line of Oyster Point
Boulevard (formerly Butler Road); thence along said southerly line N87°45'35"W 171.99 feet;
thence continuing along said southerly line S88°14'13'W 76.62 feet to the northwesterly line
of the Southern Pacific Company land; thence N55°25'23"E 93.23 feet to the southerly line of
Parcel 3 as shown on that map recorded in Book 23 of Parcel Maps at Page 27, San Mateo
County Records; thence along the southerly line of said Parcel 3 N55°25'23"E 80.51 feet;
thence continuing along said southerly line S88°49'37"E 595.13 feet to the point of
beginning.
Containing 102,401 square feet (2.35 acres) more or less.
-PARCEL 2
Beginning at the above mentioned Point A the beginning of a curve concave to the southeast
having a radius of 654.95 feet from which a radial line bears S10°07'03'E; thence along the
northwesterly line of Block 15 as shown on that map recorded July 11,1958 in Volume 49 of
Maps at Page 25-26-27-28 Records of San Mateo County, California southwesterly 163.17
feet along said curve through a central angle of 14016'28'' to the beginning of a non-tange, nt
curve concave to the southeast having a radius of 348.36 feet; thence, along the
southeasterly line of Lot 2 in said Block 15, southwesterly 26.75 feet along said curve
through a central angle of 4°23'59"; thence continuing along said line S51°13'53'W 87.53
feet; thence leaving said line N34°37'37"W 25.50 feet to the southeasterly line of Parcel 2 as
shown on that map recorded in Book 52 of P.M. at Page 18-19, San Mateo County Records;
thence N50°57'02"E 116.52 feet along said line; thence N39°02'57'W 39.50 feet along said line
to the southerly line of Oyster Point Boulevard; thence along said southerly line
N88°14'13"E 22.18 feet; thence continuing along said line S87°45'35'E 171.99 feet to the
point of beginning.
Containing 7,631 square feet (0.18 acre) more or less.
This descriptionis based on record information and does not represent a field survey. The
basis of bearing is California State Plane Coordinates, Zone 3. All distances are Grid, divide
by 0.99992457 to obtain ground distances.
The attached plat map is made a part of this description and shows the intent of this
description.
This real property description has been prepared by me, or under my direction, in
c ,~/ormance with th~.~ro,~ona~nd Act.
Dan Barry Chatfl-' "eld LS 3696
RESOLUTION NO. 73-98
CURVE RADIUS
CI ' 544.96'
C2 476.63'
C3 '654.95'
C4 654.95'
C5 348.36'
DELTA L
16'51'51'160.40'
14'24'46'119.90'
10'55'34'124.90'
14'16'28'163.17'
4'23'59' 26.75'
COURSE · BEARIN(; DISTANCE
I SI'Og'23'W 659.95'
2 SI'Og'23'W 12.00'
3 S88'48'52'E 300.22'
4 N89'35'53'E 229.99'
5 S1°09'23'W 60.68'
6 556°38'44'W 13.51'
7 N89'II'29'W 82.00'
8 N89'II'29'W 523.91'
9 551'13'53'W 87.53'
I0 N34'37'37'W 25.50'
II N50'57'O2'E 116.52'
IZ N39°O2'57'W 39.50'
13 S88'14'13'W 54.47'
14 N55'25'23'E 173.74'
15 S88'49'37'E 595.13'
16 N87'45'35'W 171.99'
17 S88'I4'I3'W 76.62'
18 S88°I4'I3'W 22.18'
19 N55°25'23'E 93.23'
20 N55'25'23'E 80.51'
I 0 'PARCEL 2
PO I NT ' A'
15
15 14
22 23
SECT ION CORNER
T. 35., R. 5W., M. D. M.
(;RANI TE MONUMENT
PARCEL I OYSTER POINT BLVD
8 I C2 / 7 I
CI
J
PLAT TO
THE
CITY OF SOUTH
0 200
I · =200'
ACCOMPANY LEGAL DESCRIPTION FOR
CITY OF SOUTH SAN FRANCISCO
OYSTER POINT BOULEVARD
SAN FRANCISCO, COUNTY OF 5AN MATEO,
STATE OF CALIFORNIA
400
SCALE 1'=200'
DATE I/7/98
CH2MHI!