Loading...
HomeMy WebLinkAboutReso 84-1992RESOLUTION NO. 84-92 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION OF INTENTION ADOPTING A RESOLUTION OF NECESSITY FOR THE OYSTER POINT INTERCHANGE (LEVITZ) WHEREAS, the City Council of the City of South San Francisco has determined that a need exists to construct the Oyster Point/101 Interchange Project; and WHEREAS, it is necessary to obtain certain privately owned property to accomplish said project; and WHEREAS, said property is more particularly described in Exhibit "A", attached hereto and by reference incorporated herein; and WHEREAS, the offer required by Section 7267.2 of the Government Code has been made to the owner of record (Exhibit "A"); and WHEREAS, the City Council of the City of South San Francisco, by Resol'~tion No. 120-90 certified the Environmental Impact Report prepared for the project in compliance with the California Environmental Quality Act on August 8, 1990; and WHEREAS, the Planning Commission of the City of South San Francisco, under Resolution No. 2423 dated May 31, 1990, found the project consistent with the adopted City of South San Francisco General Plan; and WHEREAS, the City has negotiated in good faith on the purchase of the property described in Exhibit "A", but the owner thereof and the City have been unable to conclude an agreement concerning the acquisition; and WHEREAS, the owner of the property described in Exhibit "A" has been duly notified and given written notice of the opportunity to appear and be heard on July 22, 1992 by the City Council on the proposed project and the proposed acquisition of the property described in Exhibit "A"; and WHEREAS, the City Council has held a hearing and considered the statements, comments, and views of the property owner on this matter; and WHEREAS, the acquisition of the real property described in Exhibit "A" is necessary and required for the completion of the project; and WHEREAS, there is an immediate need for the acquisition of said property. NOW, THEREFORE, the City Council of the City of South San Francisco, based on the testimony received and the files and reports thereon, finds, determines, and orders as follows: 1. The public interest and necessity require the proposed project. 2. The proposed project is planned or located in the manner that will be the most compatible with the greatest public good and least private injury. 3. The real property as described in Exhibit "A", is necessary for the proposed project and its acquisition is hereby ordered. 4. The real property shall be used for the purpose of carrying out the project. 5. The offer required by Section 7267.2 of the government Code has been made to the owner or record. 6. The City of South San Francisco is authorized to acquire the property as described in Exhibit "A" by eminent domain pursuant to the provisions of Government Code Section 37350.5. 7. The City Attorney is authorized to institute and conduct to conclusion an action in eminent domain, arrange for the necessary litigation support, and to take such action as is necessary therein for the acquisition of the subject real property. 8. In any condemnation action an application shall be made for an order permitting the City to take immediate possession and make immediate use of said real property. 9. The City of South San Francisco shall pay into the Court in which the condemnation proceeding hereby authorized is pending, the amount of probable compensation as required by law or as said Court may direct, and that the City Director of Finance be, and is hereby authorized and directed to issue any warrant(s) for such amount. 10. The City Attorney is hereby authorized and directed to accept a deed to the real property described herein, for and on behalf of the City of South San Francisco, and to execute an agreement for the acquisition of said real property, if settlement in the condemnation proceedings can be mutually agreed to and reached with the defendant therein. 11. The City Finance Director is hereby authorized and directed to issue any warrant(s) in the amounts approved by the Public Works Director or as may be required and ordered by the Court, for the acquisition of the herein described property out of the Capital Improvement Program's "Oyster Point Interchange Project" appropriation. 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 22nd day July 1992, by the following vote: AYES: Councilmembers Jack Drago, Joseph A. Fernekes, Roberta Cerri Teglia, Robert Yee & Mayor John R. Penna NOES: None ABSTAIN:None ABSENT:None ATTEST: City Clerk LEVITZ EXHIBIT "A" Resolution No. 84-92 NOTE: THIS IS NOT A SUtV'E¥ OF THE LA,ND, BUT IS GO~PILED FI. Old DATA SI'K)'W'N BY TI'rE PUILC REGO4DS ~