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Home My WebLink AboutReso 5238-1970 RESOLUTIDN NO. 5238 CITY COUNCIL, CITY OF SOUTK SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION OF P'JBLIC INTEREST AND NECESSITY ~AND AUTHORIZATION TO FILE AN ACTION TO QUIET TITLE AND/OR ACQUZRE BY EMINENT DOMAIN INTEREST IN PARCELS IN PERSON AND SWANSON ·INDUSTRIAL PARK. BE IT RESOLVED by the City Council of the City of South San Francisco that WHEREAS, City for a period of approximately sixteen years has used a parcel of land ~djaeent to Colma Creek, which is more particularly deseribe~ in Exhibit "A" attached hereto, for the purpose of maintaining and operating said Colma Creek and the grading and drainage improvements constructed in the Person and Swanson Industrial Tract, and WHEREAS, the Council received and considered reports regarding said use and the need therefor, inclUding the report of the Director of Public Works contained in an inter-office memorandum dated December 23, 1969, subject "Proposed Acquisi- tion of Portion of Lot 28, Block 1, Person and Swanson Indus- trial Tract" and statements of owners contesting City's claim of right to Use said parcel, and WHEREAS, the continued use of said parcel or portion of said Parcel, as more particularly described in Exhibit "B" attached hereto, is required for the adequate maintenance and operation of said Colna Creek and the grading and drainage improvements constructed and installed in the Person and Swanson Industrial Tract and the right to so use is contested by owners of said parcel, and WHEREAS, the public interest and necessity requires acquisition by City of the portion of the parcel described in Exhibit "B" should City's right and title to use said parcel be barred by owners; - 1 - NOW~ THEREFORE: IT IS ORDERED THAT: 1. City of South Sar~ FPancisco undePtake by an action to quiet title oP otheP appPopPiate action to confiPm City's Pight to use the paPcel desePibed in Exhibit "A" attached hePeto oP poPtion thePeof desePibed in Exhibit "B" attached hePeto fop the purpose of maintaining and opePating Colma CPeek adjacent to said parcel and the gPading and dPainage impPovements constPucted in the PePson and Swanson IndustPial Tract. 2. That the public intePest and necessity PequiPes the acquisition by the City of South San FPaneisco~ a municipal coPpoPation in the State cf CalifoPnia: of the paPcel of Peal - . pPopePty situated'in the City of South San FPaneisco~ State of CalifoPnia~ mope particulaPly descPibed in Exhibit "B" attached hePeto~ should t~e Pight to use said paPeel as descPibed in PaPagPaph 1 r. ot be confiPmed by an action to quiet title oP otheP appPcpPiate pPoeeeding. 3. That said paPcel is suitable~ adaptable~ necessaPy and PequiPed fop the public use of said City of South San FPancisco and PePson and Swanson IndustPial TPact to wit~ fop the constPuetion~ opePaticn~ maintenance and use of a stoPm dPain facility to wit~ Colma CPeek~ and the gPading and dPainage impPovements eonstPucted and installed in the PePson and Swanson IndustPial TPsct. 4. That the City AttoPney is hePeby oPdePed and diPected to commence pPoceedings tc establish the Pight to use said paPeel fop said puPposes by action to quiet title oP otheP appPopPiate pPoceedings tcgetheP with an action in eminent domain against the ownePs of said paPeel' of land fop any and all intePest thePein cP claims thePeto fop the condemnation - 2 - thereof for public use of ~he City of South San Francisco as aforesaid, and he is further authorized to assoeiate as CoUnsel in the proceeding John Lynch, Esq., of the firm Wilson, Jones, Morton and Lynch. I hereby certify that the foregoing Resolution was regularly introduced and a~opted by the City Council of the City of South San Franeisc~ at a regular. held on the 21st day of 3anuar¥ by the following vote: AYES, COUNCILMEN Frank. J. £ertucelli~ Pa%rick E. Ahern~ F. Frank Mammini~ ;ndrew Rocca and Warren Steinkamp NOES ~ " None ABSENT, " None meeting , 1970, ATTEST: ~it~ ' _/ EXHIBIT A Resolution No. 5238 , ~ L~~ ...: . ~ . , ~1~ ; ., ~ ~ g / ../ , , o~.~.'! ' ,,,,~. .. , . ,. ~. . . A PORTION OF LOT 28, BLOCK 1, PERSON & SWANSON INDUSTRIAL TRACT BEGINNING at the intersection of the southerly line of the Colma Creek Drainage Easement with the easterly line of the City and .County of San · Francisco right of way, said intersection being the northwesterly corner of Lot 28, Block 1 of Person stat Swanson Industrial Tract, as recorded in Book 55 of Maps at pages 12 and 13 in the office of the County Recorder of -. San Mateo County, California, on the 5th day of September 1961; thence proceeding from said point o! beg~-ntng South 13o22*42" West 107.93 feet; thence South 54°31'15" East 283.30 feet; thence North 11°39' East 109.32 feet to a point on the southexqy boundary line of the aforementioned Colma Creek Drainage Easement; thence continuing along said southerlY boundary line North 54°31q5" West 22t. 74 feetl to the point of beginning. Said parcel containing 23,151.95 square feet more or less. EXHIBIT B Resolution NO.. 5.~38 28 I t · _ PORTION OF LOT 28, BLOCK 1, PERSON & SWANSON INDUSTRIAL TRACT BEGINNING at the intersectioa of the s°Utherly line of the Colma Creek · Drainage Easement with the easterlj line of the City and County of San Francisco right of way, said intersection being the northwesterly corner of Lot 28, Block I of Person and Swanson Industrial Tract, as recorded in Book 55 of Maps at pages 12 and 13 in the office of the County Recorder of San Mateo County, California, on the Sth day of September, 1961; thence proceeding from said point of beginning SOuth 13o22'42" West 142.88 feet; thence South 78°21'00'' East 214.47 feet; thence North 11o39 East 50.00 feet to a point on the southerly boundary line of aforementioned Colrm Creek Drainage Easement; thence continuing along said southerly boundary line North 54°31'15" West .229.74 feet to the point of beginning. Said ~arcel Containing 20,569..09 square feet more or less.