HomeMy WebLinkAboutReso 85-1998 RESOLUTION NO. 85-98
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 (APN 015-010-330)
Oyster Point Boulevard Improvement Project
APN 015-010-330
WHEREAS, it is desirable and necessary for 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 hnprovement 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 through 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 Sections
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. 66-98, adopted 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 27, 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 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 property sought to be acquired is necessary for the
Project; and
(d)
Whether the offer to purchase required has been submitted to the owner or
owners of record of the real property.
WHEREAS, the City of South San Francisco has made an oft'er to the owner or owners of record to
acquire the subject property for just compensation;
BE IT RESOLVED as follows:
1. 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 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 has been made to the owner or owners of record of the real 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 such action as he may deem advisable or
necessary in connection therewith;
6. 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 regulox' meeting held on the24thday of June,
1998 by the following vote:
AYES:
Ma t si ~rnoto,
NOES: None
ABSTAIN: None
ABSENT: None
Councilmembers James L. Datzman, Joseph A. Fernekes, Karyl
John R. Penna and Mayor Eugene R. Mu] ] ~n
ATTEST:
J: \WPD\MNRSW\405 \OYSTER. PT\SHELTON\RON- SHEL
Clerk
2
EXHIBIT A TO RESOLUTION NO. 85-98
EXHIBIT A
SHELTON
APN 015-010-330
EXHIBIT A TO RESOLUTION NO. 85-98
City of South San Francisco
County of San Mateo
State of California
Oyster Point Boulevard
A. P. No. 015-010-330
Shelton Properties, Inc.
Acquisition
015-010-330-1
"EXHIBIT A"
Legal Description
That parcel of land in the City of South San Francisco, County of San Mateo, State of
California, described as follows:
PARCEL 1-ACQUISITION
BEGINNING at the southeasterly comer of that 0.146 acre parcel of land acquired by
Wildberg Brothers, a description of which was recorded March 9, 1923 in Volume 66 at Page
381, Official Records of San Mateo County; thence Nl°09'23"E 19.44 feet along the easterly
line of said 0.146 acre parcel to the beginning of a non-tangent curve concave northerly
having a radius of 385.83 feet and to which point a radial line bears S13°53'35"E; thence
easterly 40.68 feet along said curve through a central angle of 6°02'29"; thence S61°59'30"E
13.12 feet along a non-tangent line to the beginning of a non-tangent curve concave
northerly having a radius of 395.67 feet and to which point a radial line bears S21°12'28"E;
thence easterly 179.44 feet along said curve through a central angle of 25°59'05"; thence
N42°48'27"E 122.56 feet; thence S53°37'21"E 8.44 feet to the northwesterly line of Lot 7 as
shown on that map filed for record March 13, 1978 in Book 8 of L.~.S. Maps at Page 99,
Official Records of San Mateo County; thence S35°59'23"W 3.87 feet along said
northwesterly line; thence, continuing along said northwesterly line, S42°07'53"W 168.64
feet; thence, continuing along said northwesterly line, S57°07'49"W 206.33 feet; thence,
leaving said northwesterly line, Nl°09'23"E 30.17 feet to the to the point of beginning.
Containing 5,468 square feet (0.13 acre) more or less.
This description is based on record information and does not represent a field survey. The
basis of bearing is the California Coordinate System of 1983, 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
con~'ormance with the Pr~es?onal Land Act.
A~m /~~ ~~ Surveyors'
Dan Barry Chatfield LS 3696
Date
O. 146 ACRE WlLDBERG
.,' o9' z~'E BROTHERS PARCEL
19.44'
\.~'O9'23'E ] VOLUME 66 AT PAEO 38
'~ X X~'''''~'
LOT 7
,oo, ~ t: t.'s. ,,~s
X~ ~ ~, ~.
PLAT TO ACCOMPANY A LEGAL
DESCRIPTION FOR AN ACQUISITION
IN THE CITY OF SOUTH SAN FRANCISCO,
COUNTY OF SAN MATEO, STATE OF CALIFORNIA,
FROM SHELTON PROPERTIES, INC.
H~/PROJECT/I 37331/R_W/opw I egA8. dgn
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