HomeMy WebLinkAboutReso 107-1992 RESOLUTION NO. 107-92
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION ADOPTING A RESOLUTION OF NECESSITY
TO BEGIN CONDEMNATION PROCEEDINGS TO THE OYSTER
POINT INTERCHANGE PROJECT (HOMART)
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 Resolution 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 August 12, 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:
project.
The public interest and necessity require the proposed
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 of 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 §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 i~mediate 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.
12. The City Attorney is hereby authorized to approve this
acquisition contract, sign any and all documents necessary to
accomplish this project, and then forward to the city Clerk who
shall cause those documents to be recorded in the Office of the
County Recorder of the County of San Mateo.
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 12th day of
Augu$~ , 1992 by the following vote.
AYES:
Councilmembers Jack Drago, Joseph A. Fernekes, Roberta Cerri
Teglia, Robert Yee, and Mayor John R. Penna
NOES: None
ABSTAIN: None
ABSENT: None
RESOLUTION NO. 107-92
DESCRIFFION FOR
CITY OF SOUTH SAN FRANCISCO
December 31, 1991
SFO22236.B3
Parcel No. 50700-1
Revised: March 9, 1992
Oyster Point Boulevard Interchange
Public Service Easement
Easement to be acquired from
Homart Development Company, a Delaware corporation
(See ~_ttached Exhibit A)
RESOLUTION NO. 107-92
EXHIBIT A
Parcel No. 50700-1
Public Service Easement
That parcel of land in the City of South San Francisco, County of San Mateo,
State of California, described as follows:
BEGINNING at the northwesterly comer of Lot 9 as per map filed in Book 107
of Maps at pages 27 through 30, records of said county;, thence, along the
northerly line of said Lot N. 88o14'54" F_.., 513.53 feet; thence, N. 84o20'24'' E.,
199.30 feet; thence, along a 30.00-foot-radius curve concave to the southwest,
througa a central angle of 93°04'05", an arc distance of 48.73 feet to the westerly
line of Gateway Boulevard; thence, leaving said line along a non-tangent line
S. 87o24'29'' W., 10.00 feet; thence, from a tangent that bears N. 2°35'31" W., along
a 20.fi-foot-radius curve concave to the southwest, through a central angle of
93°04'£ 5", an arc distance of 32.49 feet; thence, parallel and 10.00 feet southerly of
said northerly line of Lot 9 S. 84o20'24'' W., 199.65 feet; thence, S. 88o14'54'' W.,
522.40 feet to the northwesterly line of said Lot; thence, along said line
N. 38°c3'09" E., 13.15 feet to the point of beginning.
Containing an area of 7,582 square feet (0.17 acre) more or less.
Together with a temporary construction easement over the above-described parcel
of land. Said temporary construction easement shall terminate December 31,
1993.
The bearings and distances used in this description are based on the California
Coordinate System, Zone III. To obtain ground distances, multiply the distances
used by 1.0000790.
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