HomeMy WebLinkAboutReso RDA 12-1999 RESOLUTION NO. ~ ~-99
REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO,
STATE OF CALIFORNIA
A RESOLUTION OF NECESSITY TO CONDEMN THE
PROPERTY AT 169 HARBOR WAY IN SOUTH SAN
FRANCISCO FOR REDEVELOPMENT AGENCY
PURPOSES; INCLUDING FINDINGS AND
DETERlVIINATIONS; AUTHORIZATION OF E1VI]INENT
DOMAIN PROCEEDINGS AND APPLICATION FOR
POSSESSION PRIOR TO JUDGMENT
IT IS RESOLVED by the Redevelopment Agency of the City of South San Francisco as
follows:
WHEREAS, it is desirable and necessary for the Redevelopment Agency of the City of
South San Francisco to acquire that certain real property located at 169 Harbor Way, more
particularly described in Exhibit "A" and shown on Exhibit "A-1" attached hereto and made a part
hereof by reference, for redevelopment purposes (the "Project"); and
WHEREAS, the Redevelopment Agency of the City of South San Francisco is vested with
the power of eminent domain to acquire real property by virtue of Article 1, Section 19, of the
Constitution of the State of California, Section 33391 of the Health and Safety Code of the State of
California, Sections 1240.050, 1240.110, 1240.120, 1240.125, 1240.150, and 1240.410 of the Code
of Civil Procedure of the State of California; and
WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure
of the State of California, notice has been duly given to all persons whose property is to be acquired
by eminent domain and whose names and addresses appear on the last San Mateo County equalized
assessment roll, all of whom have been given a reasonable opportunity to appear and be heard
before the Redevelopment Agency of the City of South San Francisco on the following matters:
(a) Whether the public interest and necessity require the Project;
(b) Whether the Project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury;
(c) Whether the property sought to be acquired is necessary for the Project; and
(d) Whether the offer required by Government Code Section 7267.2 has been
submitted to the owner(s) of record.
NOW THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows:
1. The public interest and necessity require the Project.
2. The Project is planned and located in the manner which will be most compatible with
the greatest public good and the least private injury.
3. The taking of the fee simple title in and to the real property more particularly
described in said Exhibit "A" is necessary for the Project.
4. The offer required by Section 7267.2 of the Government Code of the State of
California has been made to the owner(s) of record of the real property.
5. The law firm of Meyers, Nave, Riback, Silver, and Wilson is hereby authorized and
directed to institute and conduct to conclusion an action in eminent domain for the
acquisition of the estates and interests aforesaid and to take such action as it may
deem advisable or necessary in connection therewith.
6. At anytime after September 10, 1999, a order for prejudgment possession may be
obtained in said action and a warrant issued to the State Treasury Condemnation
Fund, in the amount determined by the Court to be so deposited, as a condition to the
right of immediate possession.
7. The Project is consistent with the land uses analyzed in the East of 101 Area Plan
environmental impact report and Downtown Central Redevelopment Plan
environmental impact report, both of which were previously certified by the City
Council of the City of South San Francisco, and the Planning Commission issued a
negative declaration of impact for the Project on May 20, 1999, pursuant to the
California Environmental Quality Act.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the
Redevelopment Agency of the City of South San Francisco at a re§ul ar meeting held on
the ~ day of August ,1999 by the following vote:
AYES: Boardmembers Joseph A. Fernekes and Eugene Mul'lin, Vice
Chair Karyl Matsumoto, and'Chairman James L. Datzman
NOES: Boardmember John R. Penna
ABSTAIN: 14one.
ABSENT: None.
City ~lerk~
\~FSBSYS~WPDkMNRSWM051ff/~esolufions\I69 Harbor Way. RON.doc
Order No. 4357~7oTD
~itl~ of ~Jd ostat8 or ~ ~t E~ ~. ~ b ~ ~:
WA~ O. ~ ~ F~RY C. ~, hu~ ~ wi~, u reek ~mu~ty
City of ~ ~ F~ci~ ~ ~ ~~ ~ ~ows:
~ ~ from ~ ~m Ou~ ~ ~ ~. ~, ~ w~, ~ ~ ~~,
16, 1948 ~ ~~ Ap~! 21, 1~8 ~ ~k 1~4 of~d~ R~ ~S~ ~ C~n(y
294.~ f~ ~m the S~y ~u~ of ~ ~ 15.7~ a~ ~ ~ ~
17, I947 ~ R~ July 24, 1947 in ~k 1352 ~ ~c~ ~ of S~ ~ C~nty
~ ~ 3~ ~7~); ~ From ~~ ~~ No~h 8~0 52' 30' ~
mom ~ ~n, M a ~ ~ lhe ~rly ~ ~ ~ 15.743 ~ ~ ~ mf~
S~ 33' 21'30' W~, ~on~ tb~ ~ly ~ ~ ~ 1~,743 acm ~, 110.~ f~, mom
C~ ~fl~, n ~~hip, ~ ~r 26, 1954 ~ R~ ~ 27, I~4
m~ ~ W~y 310.~ f~, mom ~ ~, ~ t~ ~e~y ~e ~ ~ 50 f~ wi~
~ay a~e m~~; t~ ~ong ~ ~ ~ ~, NoKh ~0 ~' 30"
A.P. No.: 015~2~0 ~ 015 ~ ~2 ~ A
At the dute hereof exceptious to cov~ in addition tu the printed exceptiom and
· xchsJons contained in s~ld poiJey form would be as follows:
I. C~neral and Spsdal Tnx~s for ',he ~ year 1998-99, now a Hen, amount not yet
ascertainable.
2, Second Installment General and Special Taxes for the fiscal year 1997-199g, in the
amount of $1,004.94.
Code Area: 013-053 A.P. No.: 015-042-0/0
3. The Lieu of Supplumentnl Tn~ses Luessed purmmm to Chapter 3.5, commencing with
Section ?5 of' the California Revenue s~! Taxation Code.
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