HomeMy WebLinkAboutReso 134-1998 RESOLUTION NO. 134-98
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 LOCATED AT 109 LONGFORD DRIVE AND
DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS
(APN No. 010-071-050)
WHEREAS, it is desirable and necessary for the City of South San Francisco to acquire interests in
certain real property located at 109 Longford Drive, South San Francisco;
WHEREAS, the City desires to acquire the property located at 109 Longford Drive to alleviate a
blighting condition that exists because the building has been vacant since 1994, is boarded up and has been
the subject of neighborhood complaints about the cbndition of the property, past incidents of garbage and
litter dumping, illegally, parked cars and an attractive nuisance. Neighbors have contended that the abandoned
condition of the residential unit is having a negative effect on neighborhood property values and their quality
of life.
WHEREAS, 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, and Sections
1240.050, 1240.110, 1240.120, 1240.125, 1240.150, 1240.240, 1240.410 and 1240.610 of the Code of Civil
Procedure of the State of California; and
WHEREAS, the acquisition and rehabilitation and reoccupancy of an existing single family unit is
exempt from CEQA analysis pursuant to CEQA Guideline Section 15061(b)(3) because it will have not
impact on the environment and CEQA Guidelines Section 15301 because of its status as an existing facility;
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 City of South San
Francisco on the following matters:
(a)
Whether the public interest and necessity require the acquisition of
the property located at 109 Longford Drive, South San Francisco,
("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 to purchase required has been submitted
to the owner or owners of record of the real property.
WHEREAS, the City of South San Francisco has made an offer to the owner of record to acquire the
subject property for just compensation;
BE IT RESOLVED as follows:
1. The public interest and necessity require acquisition of the real prope~' located and
improvements located at 109 Longford Drive in South San Francisco to alleviate a blighted residential unit;
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 property interests sought to be acquired are necessary for the project;
4. The offer required has been made to the owner or owners of record of the real property;
5. The law firm of Meyers, Nave, Riback, Silver & 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 he may deem 'advisable or necessary in connection therewith;
6. An 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.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council
ofthe City ofSouth San Francisco at a req'm'l, ar meeting held on the 281day of October ,1998by
the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilm~rs James L. Datzman, Joseph A.~ Fernekes, Karyl
Matsumoto and ~ayor Eugene R. Mullin
None
None
Councilmember John R. Penna
ATTEST:
F: \WPD\MNRSW\405\ 00 l\\RESO\oct. 98\lon~ford. ron
City Clerk /cf