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Home My WebLink AboutReso 5680-1971RESOLUTION NO. 5680 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS AND APPOINTING SPECIAL COUNSEL ANTOINETTE LANE BE .IT RESOLVED, by the City Council of the City of South San Francisco that: WHEREAS, heretofore Resolution No. 5581 was adopted by the City Council on or about June 21, 19?l, and WHEREAS, EXhibit "A", attached thereto and incorporated therein by reference, containing the description of the land soUght to be acquired was erroneous and did not embrace all of the land sought to be acquired by the City; NOW, THEREFORE, IT IS ORDERED THAT: 1. The public interest and necessity require the acquisi- tion, construction and completion of Antoinette Lane and work auxiliary thereto in, over, across and upon the parcel of land more particularly described in Exh'ibit "A-l", attached hereto and by this reference incorporated herein, within said City of South San Francisco, County of San Mateo, State of California, and the taking of the fee simple title for street purposes in and to the parcel of land aforesaid is necessary for said improvement. 2. Said proposed acquisition and improvement is planned and located in the manner which will be most compatible with the greatest public good and the least private injury, and all of said acquisition is situate within the City of South San Francisco, County of San Mateo, State of California. 3. John Noonan, City Attorney, and the law firm of Wilson, Jones, Morton & Lynch, who are attorneys for said City, be and they are hereby directed to institute and conduct to conclusion an action I · in eminent domain and/or to quiet title for the acquisition of the property more particularly described in said Exhibit "A-l" and to take such action as is necessary therein, and said law firm of Wilson, Jones, Morton & Lynch shall be paid a reasonable fee therefor. 4. An Order for Immediate Possession and Use be obtained in said action, and that a warrant be issued to the County Clerk, San Mateo County, California, 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 regular meeting thereof held on the 4th day of October , 1971, by the following vote: AYES COUNCILMEN Patrick E. Ahern, Frank J. Bertucelli, William A. Borba and Warren STeinkam0 NOES, C OUNC ILMEN None ABSENT, COUNCILMEN F. Frank Mammi ni "EXHIBIT A" - Page DESCRIPTION Lands To Be Condemned By The City Of So~th San Francisco " o- In The Vicinity Of Chestnut Ave. At Mission Road · South San Francisco, California All that certain real property situate in. the City of South San Francisco, County o£ San Mateo, State of California, described as follows: Job #1320 $/28/71 - LAA:ja Rage 1 of 2 Rev. 9/22/71 BEGINNING at the intersection of the soUtheasterly line of Chestnut Avenue, as said southeasterly line is described in that certain Quit Claim Deed from the California Water Service Company to the City of South San Francisco, a municipal corporation, dated March 29, 1949 and recorded April 13, 1949 in Book 1648 of Official Records of San Mateo County at page 61 (85325-H), with the easterly right Of way line of Old Mission Road; thence from said POINT OF BEGINNING along said right of way line of Chestnut Avenue North 56° 47' 35" East 53.23 feet to the most northerly corner of that certain parcel of land described in the Quit Claim Deed from Emil Magliocco, Jr. to Lindsey & Co. Inc., a California corporation, recorded ' August 29, 1968 in Volume 5523 of Official Records of San Mateo County at page 223; thence leaving said southeasterly line of Chestnut Avenue and along the north- easterly line of last said quit claim parcel southeasterly along the arc of a curve to the left having a radius of 9483.34 feet and a central angle of 2° 26' 28", an arc distance of 404.04 feet, a radial line to said curve at its intersection with said southeasterly line of Chestnut Avenue bears South 36° 27' 18" West; thence continuing along said northeasterly line of the quit claim parcel, tangent to the preceding curve South 55° 59' 10" East 77.21 feet to the POINT OF BEGINNING of a tangent curve to the left with a radius of 20 feet; thence continuing along said northeasterly line of quit claim parcel and easterly along the arc of said curve through a central angle of 58° 19' 40", an arc distance of 20.36 feet; thence leaving said quit claim parcel South 34° 00' 21" West 75.53 feet to the northeast- erly right-.of-way line of the lands of the Southern Pacific Railroad as said lands are described in the deed from Patrick McMahon to the Southern Pacific Railroad Company dated August 15, 1878 and recorded on August 16, 1878 in Volume 29 of Deeds at page 442, San Mateo County Records; thence along said right of way line North 55° 59' 39" West 461.78 feet and thence tangent to the preceding course northwest- erly along the arc of a curve to the right having a radius 3779.83 feet and a central angle of 0° 26' 41", an arc distance of 29.34 feet to the easterly line of Old Mission Road; thence leaving said railroad right of way line and alona said ~asterly line of Old Mission Road North.13°..15' 50" West 37.60 feet to the POINT OF BEGIN- NING. .. '~. "' .. t.~ . " EXCEPTING THEREFROM that certain parcel of land described as parcel 583, Subparcel I in that certain Lis Pendens entitled "County of San Mateo vs. Marino R. Donati, et al", recorded April 7, 1970 in Book. 5767 of the Offical Records of San Mateo County at page 44 (9815-AD), which parcel is more particularly described as follows: - P~age ~2 2of2 Rev. 9/22/71 .. :- BEGINNING at the intersection of the southeasterly right-of-way line of Chestnut Avenue, as said southeasterly line is described in that certain Quit '" Claim Deed from California Water Service Company to the City of South San Francisco, a municipal corporation, dated March 29, 1949, and recorded April 13, 1949 in Book 1648 of Official Records at Page 61 (File No. 85325-H), Records of San Mateo County, California, with the easterly right of way line of Old Mission Road.(portion now closed); said POINT OF BEGINNING also being a concrete monument ms shown on that certain map entitled "RECORD OF SURVEY OF A PORTION OF PARCELS 5, 6 & 7 AS DESCRIBED IN THE DEED RECORDED IN VOLUME 528 OF OFFICIAL RECORDS AT PAGE 195; A PORTION OF 'BURI BURI RANCHO', SOUTH SAN FRANCISCO, CALIFORNIA" re- corded December 17, 1963 in Book 5 of Licensed Land Survey Maps at Page 103 Records of San Mateo County, California; thence from said POINT OF BEGINNING along said southeasterly right of way line North 560 47' 35" East 53.23 feet {called North 57° 58' 56" East 53.34 in said Lis Pendens) to the most northerly corner of that certain parcel of land described in the Quit-Claim Deed from Emil Magliocco, Jr. to Ltndsey& Co. Inc., a California corporation, recorded August 29, 1968 in Volume 5523 of Official Records of San Mateo. County at Page 223; thence leaving said south- eastemly line of Chestnut Avenue and along the northeasterly line of last said quit claim parcel southeasterly along the arc of a curve to the left having a radius of -9483.34 feet and a central angle of 0° ll' 44" an arc.distance"of 32.37 .feet'(call- 'ed'O° ll,.40" and 32.19 in said Lis Pendens} a radial line to said northerly corner bears South 36° 27' 18" West; thence leaving said northeasterly line southerly and .southeasterly along the arc of a curve to the left of radius 31 feet through a cen- tral angle of 75° 45' 49" an arc distance of 40.99 feet (called 76° 02' 27" and 41.14 in sQid Lis Pendens) a radial line from the center of said curve of radius- 31 feet to the intersection of curves of radii 31 feet and 9483.34 feet bears Not'th 70° 13' 50" West; thence South 34° 00' 21" West 50.00 feet {called South 35° ll' 42" West 50.00 feet in said Lis Pendens) to the northeasterly right of way line of the lands of the Southern Pacific Railroad as said lands are described in the deed from Patrick McMahon to the Southern Pacific Railroad Company dated August 15, 1878 and recorded on August 16, 1878 in Volume 29 of Deeds at page 442, San Mateo County Records; thence along said right, of way line North 55° 59' 39" West (called North 54° 48' 18" West in said Lis Pendens} 26.02 feet; thence continuing along said right of way line northwesterly on 'the arc of a curve to the right of radius 3779.83 feet tangent to the preceding course through a central angle of 0° 26' 41" an arc dis- tance of 29.34 feet (called 0° 26' 35" and 29.23 in said Lis Pendens} to said east- erlylline of Mission Road; thence leaving said railroad right of way and along said )the of Mission Road North 13° 15' 50" West 37.60 feet {called North 12° 04' 29"- West 37.66 feet in said Lis Pendens) to said POINT OF BEGINNING. ., .. · ~ , :~ ~ . · ..... .