HomeMy WebLinkAboutReso RDA 13-1999 RESOLUTION NO. 13-99
REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO,
STATE OF CALIFORNIA
A RESOLUTION OF NECESSITY TO CONDEMN THE
PROPERTY AT 185 HARBOR WAY IN SOUTH SAN
FRANCISCO FOR REDEVELOPMENT AGENCY
PURPOSES; INCLUDING FINDINGS AND
DETERMINATIONS; AUTHORIZATION OF EMINENT
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 185 Harbor Way, more
-- particularly described in Exhibit "A" and shown on Exhibit "A-I" 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 gu 1 ar meeting held on
the 11 day of '^ugust ,1999 by the following vote:
AYES: Boardmembers Joseph A. Fernekes, Eugene Mullin and John R.
Penna, Vice Chair Karyl Matsumoto and Chairman James L. Datzman
NOES: None.
ABSTAIN: None.
ABSENT: None.
/ City Clerk
F:\WPD~INRSWM05'~0XResolutions\185 Harbor Way. RON.doc
Order: TO/:: KC SM Bk-Pg 15- 4 Sht I of I
Title of said emae or intar~ at the dm bsm~ is vested in:
WILSON FAM~¥ ~ PAR~, a California limited partners~
'Ibc estate or htr. rest in the l,xnd hemimf~ describod or f~fcned to covered by this Rcport is:
AFKE
Tho Jmld refcFr~ tO itl tltiS P. eport is rib. rated in the State of CaLifornia, County of San Matao,
City of South ~ Francisco and is described as follows:
BF. GITqND40 at a point on the ]hat,y: line of that certain 50 foot roadway described in the
Deed from Ed Reyburn Ounrin and Grace F. Oum4n, hh wife, to Hd. Rooemont, dated April
16, 1948 and recorded April 21, 1948 ia'Book 1454 of Officia] Rocords of San Ahteo County
at Pag~ 293 (27142-H), said point !2eing dM thereon North 00° 06' 30' Fast 203 feet from
thc Southerly boundary of that c~rtain 15.743 acz~ tract of land dcscribed in the I;Med from
Metal and Thermit Corporation, a corporation, m Once F. Guerin, dated June 17, 194/and
rccofded July 24, 1947 in Book 1352 ~ Roco~ of San Mateo County, Page 373 (77876-
O); thcrice f-n:ml said l~oitd of be~nnls~g, So~th 00° 06' 30" West 203 feet to tho aforcsaid
Southerly boundary line of the 15.743 acre txact of land; thence along said Southerly boundary
line North 89' 5:5' 28' East 87.12 feet to the SontbeastcrJy corner of said 15.743 acre tract;
thence Northea.~crly along the Southeasmfly line of said 15.743 acre tract; North 52' 10' 30~
Fast 258.68 feet and North 33~ 21' 30' lhst :52 f~eg thence leaving the S(IRllea~riy line of
said 15.743 acre tract, Westerly in a direct line 310 feet, more or less, to the point of beginning,
A.P. No.: 015-042-050 ?PN 01~ 004 0S2 03 A
At the date I~ort~f ezceptions to coverage *,m .addition to the printed ~ous and
~xel.~:: co~taiaed In said policy form weuM be aa follows:
1. General and Sp~ela! Taxes for tim fiscal year 1998-99. now ~ lien, amount m3< yet
2. C_,qmurnl nnd b'l~clal Taxes for tim fL~al year 1997-1998, in the amount of $3,664.97
e~ch imUJlmeat, has been paid in full
Code Ama: 013-053 A.P. No,: 01 -042-o o
3. The Lien of Supplemer~ Tazes assessed pursuant t~) Ctupter 3.5, commencin~ with
Section 75 nf~ the CaltfomLu Revenue and Tax. ion Code.