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HomeMy WebLinkAboutReso 94-1991RESOLUTION NO. 94-91 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ADOPTING A RESOLUTION OF NECESSITY PROPERTY FOR THE OYSTER POINT INTERCHANGE 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 t° 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 July 24, 1991 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 ~hereon, 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 leas~ 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 ~he 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 ~o 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 i~e, 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" apropriation. 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 meeting held on the 24th day of July. , 1991, by the following vote: AYES: NOES: ABSTAIN: None ABSENT: C0unci]member John R. Penna Councilmembers Richard A. Haffey, Gus Nicolopulos, Roberta Cerri Teglia, and Mayor Jack Drago None · City Clerk Patel and Patel, a partnership c/o James V. Jackl Attorney at Law 2033 N. Main Street, Suite 700 Walnut Creek, CA 94596. ' SUBJECT: STATEMENT OF THE BASIS FOR DETERMINATION OF JUST COMPENSATION: PARCEL NO. 50696 (012-091-320) Dear Mr. Jackl: This letter is a statement of the basis for determination of just.compensation. At the time the City makes you an offer to purchase your property, we are required to give you this state- ment. Legal description and plat of property sought to be acquired by the City of Sout'~-"S~n Francisco. The property sought to be acquired by the.City is described in the attached deed and plat. Location identification of property sought to be acquired by the City of South San Fr~-~cisco: 1201 AirPort Blvd. South San Francisco, 'CA 94080 Interest in property sought to be acquired b.y th~ City of South Sar"'~rancisco: ' '" Fee 20,658 s.f. Inventory of property sought to be acquired by the City of South San ~-~ancisco: -- 3 motD1 units~ m~nag~s apart~en~ (office), motel urnlsnlngs an~ miscellaneous landscaping It is assJ~d that all of the above items are the property of the owner of record and that any tenant of lessee residing on the property has no interest in said property. If this is not the case~ '~ou are required to let the City know immediately. RESOLUTION NO. 94-91 EXHIBIT "A" AVENUE - P.O. Page'2 Statement of the Basis for Determination of Just Compensation: Parcel No. 50696 (012-091-320) Amount of offer by the City of South San Francisco for the property souRht to be acquired: The City's offer for the property sought t0 be acquired is: $1,150,000.0C ~he amount of the City's offer is the full amount belived by the City to be just compensation for the property. The above amount is not less than the approved appraisal of the fair market vzlue of the property as determined on the basis of the appraisal.. The above amount disregards any decrease or in- crease in the fair market value caused by the project for which the property is to'be acquired or by the likelihood that the property is to be acquired for such project, other than that due to physical deterioration within the reasonable control of the owner. The above offer does not reflect any consideration of or allow- ance for any relocation assistance and payment which the owner is entitled to receive or of the City's agreement to pay cer- tain set~:lement costs. The recognized definition of the term "fair market value" is as follows: "The fair market value of the property is the highest price on the date of valuation that would be agreed to by seller, being willing to sell, but under no particular or urgent necessity for so doing, nor obliged to sell~ and a bUyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which ~he property is reasonably adaptable and available." ~ Explanation o__~f appraisal techniques: The principal appraisal technique used in appraisaing your property was the sales comparison approach which consists of comparing recently sold similar parcels to your property. Apportionment of compensation: Fair marke.t..value of property sought to be acquired: $ 1,150,000.00 Damages ~if any) to remain property: $ 0.00 Very truly yours, Acquisition Agent Order No. 360395-TD The estate or interest in the land hereinafter described or referred to covered by th~s Report is: A FEE The land referred to in this Report is situated in the State of California, County of San ]/ateo, City oi South San Francisco and is described as follows: Lois 1, 2, 3, 4, 5, 6, 7 and 8, Block 'A', a~ designated on the Msp entitied, ']~AP OF PECK'$ SUBDIVISION NO. 1, SOUTH SAN FRANCISCO, SAN ~ATEO COUNTY, CALIFORNIA', which map was filed in the office oi the Recorder of the County of San Marco, Stere of Calilornia on June 24, 1907, in Book 5, oi ~Laps at ~aEe 11. EXCEPTING FROM Lots 1, 2 end 3 that portion conveyed to State of California, by Deed dated November 20, 1925 and Recorded September 4, 1929 in Book 427 of Official Records of San Marco county at ~ege 433. EXCEPTINO FROM Lot 4, that portion conveyed to the ~tete of California, by Deed deted October 23, 1928 and recorded December 14, 1925 in Book 354 oi Ofticisl Records oi San ~a%eo CoUnty at page 340. A.P. NO.: 012-091~320 3PN 012 009 091 32 A / / APPRAISAL SUMMARY STATEMENT Statement of <> D. C. Gardner Property Agent Owner: <> Patel and Patel~ a partnership Property Address: <> 1201 Airport Blvd. Locale: <> Zone: <> Present Use: <> Best Use: <> Date Acquired: <> Consideration: <> South San Francisco, CA 94080 Motel Motel Over 5 years N/A N/A Total Property Area: <> Area to be Acquired: <> Property to be Acquired:<>All Incl. Access Rights:<> Yes PROJECT: <> Oyster Point/101 Interchange PARCEL NO.: <> 50906 20,658 square feet 20,658 square feet X Part No X Market Value of Required Property (including improvements) is: <> $1,150,000.00 Total Payment is: <> $1,150,000.00 The above statement is derived from an appraisal of the subject property prepared ~ b <> Richard ~]~rhardt , a qualified appraiser for the ~ity ot South San b'rancisco. I declare under penalty of perjury that the foregoing is true and correct. Executed at San Jose, California, this 10th day of 3uly , 19 91 · P~ope~ty Agent (acq0020 08-17-90) D.C. Gardner SUIT DATA SHEET S. D.: <> Project: <> Parcel: <> Property Address: <> Acquisition Agent: <> 'Appraiser: <> City Attorney Deposit: <> Oyster Point/101 Interchange Project 50906 1201 Airport Blvd., So. San Francisco, CA D. C. Gardner Richard Ehrhardt Michael J. O'Toole N/A 94080 Suit Information: ~ City of So. San Francisco Vs.: Patel and Patel, S.C.C. No.: a partnership Filed: O.P. Filed: Effective Date of O.P.: Title Information: Title Company: <> First American Title Insurance Co. Escrow Number: <> 360395 Date: <> 8/9/90 Purpose: Title: Taking: Expressway ( ) Fee ( X ) Partial ( ) Freeway ( ) Easement ( ) Entire ( X ) Conventional Hwy. ( X ) Other ( ) Excess ( ) Other ( ) Property and Take Information: Entire Area of Ownership: <> 20,658 sq.ft./~ Ri~ht-of-Way Required: <> 20,bb~ sq.ft./~ Owr ership Remainder: <> None sq. ft./acres Zoning: <> P-C, m-2 Improvementsin Take: ( ) No ( x ) Yes Description of Imps.: 33 Motel Units wi~ manager quarters Buildings Straddling Right-of-Way Line: ( x ) No ( ) Yes ( ) Cut at line ( x) Remove entire Appraisal: . Land: $<> 826,320.00 Improvements: <> 346,462.00 Danages: Benefits: <> TOTAL: $<> 1,172,782.00 Final estimate of value $ 1,150,000.00 Suit Data Sheet <> page 2 of 2 , <> Defendant <> Patel and Patel <> a partnership °<> Pravin Patel and <> Shashitkant Patel Approva' : Interest Owners Lessees Address c/o James Jackl, Attorney at Law 2033 N. Main St., Walnut Creek CA 1201 Airport Blvd. So. San Francisco, CA 94080 (acq0018 09-11-90) L = 122.86' ~',.~ ' -. r~50697-I )