HomeMy WebLinkAboutReso 189-1996RESOLUTION NO. 189-96
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION DETERMINING THAT PUBLIC INTEREST AND
NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND
DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS
(Project: South San Francisco Conference Center)
APN 015-124-160
WHEREAS, it is desirable and necessary for the City of South San
Francisco to acquire interests in certain real property, particularly
described in Exhibit "A", attached hereto and made a part hereof by reference,
in order to convert the City's interest in the Conference Center from a
leasehold to a fee for purposes of maintaining and operating a public
convention hall pursuant to California'Government Code Section 37501;
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 1240.010-050 and
1240.110- 120 of the Code of Civil Procedure of the State of California, and
Section 37501 of the California Government Code; 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 a].l
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 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
neqessary for the Project; and
(d)
Whether the offer to purchase required by Government
Code Section 7267.2 has been submitted to the owner or
owners of record of the real property.
WHEREAS, pursuant to the provisions of Section 7267.2 of the Government
Code of the State of California, the City of South San Francisco has made an
offer to the owner or owners of record to acquire the subject property for
just compensation;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South
San Francisco that it is found, determined, and ordered as follows:
1. The public interest and necessity require the Project which is the
conversion of the City's interest in the Conference Center from a leasehold to
a fee for purposes of maintaining and operating a convention hall;
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;
project;
The property interests sought to be acquired are necessary for the
4. The offer required by Section 7267.2 of the Government Code of the
State of California has been made to the owner or owners of record of the real
property;
5. The City Attorney of the City of South San Francisco, through 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
an~ 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; and
7. The project referred to herein (i.e., the acquisition of the South
San Francisco Conference Center in order to convert the City's interests from
a leasehold to a fee for purposes of maintaining and operating a public
convention hall pursuant to California Government Code § 37501) is
categorically exempt from the provisions of the California Environmental
Quality Act under the following:
ao
14 California Code of Regulations, Section 15301 (referring to
existing facilities, including the operation and maintenance of
existing public or private structures and facilities involving
negligible or no expansion of use beyond that previously
existing); and/or
14 California Code of Regulations, Section 15323 (referring to the
normal operations of existing facilities for public gatherings for
which the facilities were designed, where there is a past history
of the facility being used for the same or similar kind of
purpose, including convention centers).
14 California Code of Regulations 15061(b) (3) (referring to the
fact that CEQA only applies to projects which have the potential
for causing a significant effect on the environment).
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
special meeting held on the 18th day of December ,
1996 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Eugene R. Mullin, John R. Penna, Robert Yee
and Mayor Joseph A. Fernekes
None
None
None
ATTEST:
City Clerk
J: ~WPD \MNRSW\ 4 0 5 \ PLEAD \ 2 0 \ RESOLgTN. ED
3
EXHIBIT A TO RESOLUTION NO. 189-96
LEGAL DESCRIPTION
ALL THAT CERTAIN REAL PROPERTY situated in the City of South San
Francisco, County of San Mateo, State of California, described as follows:
Lot 1 and portion of Lot 2, all in Block 1, as designated on the map entitled
"SOUTH SAN FRANCISCO INDUSTRIAL PARK UNIT NO. 1 SOUTH SAN
FRANCISCO SAN MATEO COUNTY, CALIFORNIA", which map was filed in the
office of the Recorder of the County of San Mateo, State of California on September
14, 1956 in Book 46 of Maps at pages 5, 6, and 7, said portion of Lot 2 being more
particularly described as follows:
BEGINNING at the northwesterly corner of said Lot 2, as shown on the map above
mentioned; thence along the northerly and easterly lines of said lot, North 89058'58''
East 300.00 feet and South 0°01'02'' East 75 feet, thence South 89058'58'' West
300.00 feet to the westerly line of said Lot 2; thence along the last mentioned line
North 0°01'02" West 75 feet to the point of beginning.
TOGETHER WITH a non-exclusive Easement for ingress, egress and public utilities
over that portion of said Lot 2, described as follows:
BEGINNING at a point on the westerly line of said Lot 2, which point is South
0°01'02'' East a distance of 75 feet from the northwesterly corner of said lot; thence
from said point of beginning, along said westerly lot line South 0°01'02'' East 25 feet;
thence leaving said westerly lot line North 89058'58'' East 50 feet; thence North
0°01'02'' West 25 feet; thence South 89058'58'' West 50 feet to the point of
beginning.
AND TOGETHER WITH a non-exclusive easement for the purpose of ingress and
egress for the benefit of, and appurtenant to, the foregoing real property, over real
property situated in San Mateo County, California, described as follows:
BEGINNING at a point on the westerly line of Lot 2, Block 1, as shown on that
certain map entitled "SOUTH SAN FRANCISCO INDUSTRIAL PARK UNIT NO.
1 SOUTH SAN FRANCISCO SAN MATEO COUNTY, CALIFORNIA", which map
was filed September 14, 1956, in Book 46 of Maps at pages 5, 6 and 7 Records of
San Mateo County, said Point of Beginning being located along said westerly line of
Lot 2 S 0°01'02'' E 75.00 feet from the northwesterly corner thereof; thence from
said Point of Beginning N 89058'58'' E 300.00 feet to a point in the easterly line of
said Lot 2; thence along said easterly line S 0°01'02'' E 13.00 feet; thence leaving said
easterly line S 89058'58'' W 290.00 feet; thence S 65 °02'39" W 11.03 feet to a point
on the westerly line of said Lot 2; thence northerly along said westerly line 17.65 feet
to the Point of Beginning.
RESOLUTION NO.
i
RE~)LUTION NO.
189-96
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