HomeMy WebLinkAboutReso 15-1994 RESOLUTION NO. 15-94
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION OF INTENTION ADOPTING A RESOLUTION
OF NECESSITY FOR THE OYSTER POINT INTERCHANGE
(EPOCH -aka- SHEARWATER) PROJECT
WHEREAS, the City Council of the City of South San Francisco
has determined that a need exists to construct the Oyster Point/101
Interchange Project; and
WHEREAS, it is necessary to obtain certain privately owned
property to accomplish said project; and
WHEREAS, said property is more particularly described in
Exhibit "A", attached hereto and by reference incorporated herein;
and
WHEREAS, the offer required by Section 7267.2 of the
Government Code has been made to the owner of record (Exhibit "B");
and
WHEREAS, the City Council of the City of South San Francisco,
by Resolution NO. 120-90 certified the Environmental Impact Report
prepared for the project in compliance with the California
Environmental Quality Act on August 8, 1990; and
WHEREAS, the Planning Commission of the City of South San
Francisco, under Resolution No. 2423 dated May 31, 1990, found the
project consistent with the adopted City of South San Francisco
General ~lan; and
WHEREAS, the City has negotiated in good faith on the purchase
of the property described in Exhibit "A", but the owner thereof and
the City have been unable to conclude an agreement concerning the
acquisition; and
WHEREAS, the owner of the property described in Exhibit "A"
has been duly notified and given written notice of the opportunity
to appear and be heard on January 26, 1994 by the City Council on
the proposed project and the proposed acquisition of the property
described in Exhibit "A"; and
WHEREAS, the City Council has held a hearing and considered
the statements, comments, and views of the property owner on this
matter; and
WHEREAS, the acquisition of the real property described in
Exhibit "A" is necessary and required for the completion of the
project; and
WHEREAS, there is an immediate need for the acquisition of
said property.
NOW, THEREFORE, the City Council of the City of South San
Francisco, based on the testimony received and the files and
reports 'thereon, finds, determines, and orders as follows:
project.
The public interest and necessity require the proposed
2. The proposed project is planned or located in the manner
that will be the most compatible with the greatest public good and
least private injury.
3. The real property as described in Exhibit "A", is
necessary for the proposed project and its acquisition is hereby
ordered.
4. The real property shall be used for the purpose of
carrying out the project.
5. The offer required by Section 7267.2 of the Government
Code has been made to the owner of record.
6. The City of South San Francisco is authorized to acquire
the property as described in Exhibit "A" by eminent domain pursuant
to the provisions of Government Code §37350.5.
7. The City Attorney is authorized to institute and conduct
to conclusion an action in eminent domain, arrange for the
necessary litigation support, and to take such action as is
necessary therein for the acquisition of the subject real property.
8. In any condemnation action an application shall be made
for an order permitting the City to take immediate possession and
make im~.ediate use of said real property.
9. The City of South San Francisco shall pay into the Court
in which the condemnation proceeding hereby authorized is pending,
the amount of probable compensation as required by law or as said
Court may direct, and that the City Director of Finance be, and is
hereby authorized and directed to issue any warrant(s) for such
amount.
10. The City Attorney is hereby authorized and directed to
accept a deed to the real property described herein, for and on
behalf of the City of South San Francisco, and to execute an
agreement for the acquisition of said real property, if settlement
in the condemnation proceedings can be mutually agreed to and
reached with the defendant therein.
11. The City Finance Director is hereby authorized and
directed to issue any warrant(s) in the amounts approved by the
Public Works Director or as may be required and ordered by the
Court, for the acquisition of the herein described property out of
the Capital Improvement Program's "Oyster Point Interchange
Project" appropriation.
12. The City Attorney is hereby authorized to approve this
acquisition contract, sign any and all documents necessary to
accomplish this project, and then forward to the City Clerk who
shall cause those documents to be recorded in the Office of the
County Recorder of the County of San Mateo.
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 re§u]ar meeting held on the 9th day of
February , 1994 by the following vote.
AYES:
Councilmembers Jack Draqo, John R. Penna, Roberta Cerri Teqlia,
Robert Yee and Mayor Joseph A. Fernekes
NOES: None
ABSTAIN: None
ABSENT: None
city Clerk~
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EXHIBIT A
RESOLUTION NO. 15-94
Parcel No. 50698-2
Temporary Construction and Maintenance Easement
~cel of land in the City of South San Francisco, County of San Marco, State of
ia, described as follows:
~cing at the intersection of the northerly line of Oyster Point Boulevard
y Buffer Road) and the southeasterly line of the Southern Pacific
oration Company right of way; thence, along said southeasterly line
}'09" E., 104.20 feet; thence, N. 51°16'51" W., 25.00 feet; thence,
F09" E., 156.49 feet to the POINT OF BEGINNING of this description;
thence, Continuing N. 38043,'~0~,' E., 27.51 feet; thence, leaving said line from a
tangent 0~at bears S. 25°16 46 E., along a 23,8.00-foot-radius curve concave to the
northeast, through a central angle,o,f ,57°31'14 ,an arc distance of 238.93 feet; thence,
along a Oon-tangent line S. 84°27 51 E., 106.49 feet; thence, from a tangent that
bears N. 186°39'45" E., along a 4,863.00-foot-radius curve concave to the north,
through ~ central angle of 2°19'21", an arc distance of 197.11 feet; thence,
N. 84°20'24" E., 25.06 feet; thence, along a 13.00-foot-radius curve concave to the
northwesk through a central angle of 86°55'57', an arc distance of 19.72 feet; thence,
N. 2°35'133" W., 19.75 feet; thence, N. 87o24'27" E., 25.00 feet; thence,
S. 2° 35'33" E., 19.75 feet; thence, along a 38.00-fcot-radius curve concave to the
northwesk through a central angle of 86°55'57', an arc distance of 57.66 fee,; thence,
S. 84°20 '24" W., 25.06 feet; thence, along a 4,g88.00-foot-radius curve concave to the
north, through a central angle of 2O20'10", an arc distance of 199.29 feet; thence~
along a n~)n-tangent line N. 84031'28" W., 109.69 fee~; thence, from a tangent that
bears N. 32°51'01" W., along a 263.00-fcot-radius curve concave to the northeast,
through ~ central angle of 54056'34", an arc distance of 252.20 feet to the point of
beginninl~.
Containing an area of 15,880 square feet (0.36 acre) more or less.
The ..b~. gs and distances used in the above description ate on the California
Coordinat~ System of 1927, Zone III. Multiply distances shown by 1.0000790 to
obtain grc'aund level distances.
This temp
rv/PC198:
Original
Revised O
~rary construction easement shall terminate Dece~ 31, 1995.
,/C:kWP5 I~)OCS~506982.LGL
~ember 31, 1991
gtober 26, 1993
EXHIBIT "A"
EPOCH
RESOLUTION OF NECESSITY
February 9, 1994
EXHIBIT A
Parcel No. 50698-3
Public Service Easement
That parcel of land in the City of South San Francisco, County of San Mateo, State of
California, described as follows:
Comme ~cing at the intersection of the northerly line of Oyster Point Boulevard
(formerly Butler Road) and the southeasterly line of the Southern Pacific
Transpo~tion Company right of way; thence, along said soutbeast~y line
N. 38043'09" E., 104.20 feet; thence, N. 51'16'51" W., 25.00 feet; thence,
N. 38°43'09' E., 156.49 feet to the POINT OF BEGINNING of this description;
thence, continuing N. 38043'09- E., 254.72 feet; thence, leaving said line
S. 51°16'51" E., 15.00 feet; thence, S. 38°43'09" W., 244.65 feet; thence, from a
tangent ~at bears S. 30009'59" E., along a 245.00-fcot-radius curve concave to the
northeas~ through a central angle of 52040'03', an arc distance of 227.97 feet; thence,
along a '~on-tangent line S. 84~27'51" E., 107.41 feet; thence, from a tangent that
bears N. 86°40'17- E., along a 4,873.00-foot-radius curve concave to the north,
through a central angle of 2°19'54", an arc distance of 198.30 feet; thence,
N. 84020'24" E., 25.06 feet; thence, along a 23.00-foot-radius curve concave to the
northwest, through a central angle of 86°55'57", an arc distance of 34.90 feet; thence,
N. 2°35'33" W., 19.75 feet; thence, N. 87°24'27" E., 15.00 feet; thence,
S. 2035'33" E., 19.75 feet; thence, along a 38.00-foot-radius curve concave to the
northwest, through a central angle of 86055'57', an arc distance of 57.66 feet; thence,
S. $402£'24" W., 25.06 feet; thence, along a 4,$gg.00-foot-radius curve concave to the
north, ti.rough a central angle of 2°20'10", an arc distance of 199.29 feet; thence,
along a ~on-tangent line N. 84031'28" W., 109.69 feet; thence, from a tangent that
bears N. 82°51'01' W., along a 263.00-foot-radius curve concave to the northeast,
through a central angle of 54°56'34", an arc distance of 252.20 feet to the point of
beginning.
Containing an area of 13,319 square feet (0.31 acre) more or less.
The bearings and distances used in the above description are on the California
Coordin'..te System of 1927, Zone HI. Multiply distances shown by 1.0000790 to
obtain g=ound level distances.
rv/PC 1983/C:\WP5 IkDOCSkS06983.LGL
Origiaal March 9, 1992'
Revised October 26, 1993
EXHIBIT "A"
EPOCH
RESOLUTION OF NECESSITY
February 9, 1994
Page 2 of 3 pages
~J41}
EXHIBIT A
Parcel No. 50698-4
Temporary Construction Easement
That parcel of land in the City of South San Francisco, County of San Mateo, S,a~_¢ of
C. alifomia, described as follows:
Commencing at the intersection of the northerly line of Oyster Point Boulevard
(former y Butler Road) and the southeasterly line of the Southern Pacific
Transportation Company right of way; thence, along said southeasterly line
N. 38°a3'09' E., 104.20 feet; thence, N. 51°16'51" W, 25.00 feet; thence,
N. 38°a3'09" E., 411.21 feet; thence, leaving said line S. 51°16'51' E., 15.00 feet to
the POINT OF BEGINNING of this description; thence, continuing S. 51°16'51" E.,
50.00 feet; thence, S. 38°43'09' W., 100.00 feet; thence, N. 51°16'51' W., 50.00 feet;
thence, N. 38°43'09" E., 100.00 feet to the point of beginning.
Containing an area of 5,000 square feet (0.1 i acre) more or less.
The beatings and distances used in the above description are on the California
Coordirate System of 1927, Zone III. Multiply distances shown by !.0000790 to
obtain ground level distances.
This ter~poraty construction easement shall terminate December 31, 1995
tv/PC 1983/C:\WP51 ~DOCS~506984.LGL
Origina October 26, 1993
EXHIBIT 'A'
EPOCH
RESOLUTION OF NECESSITY
February 9, 1994
Page 3 of 3 pages
33311',ic~ ~a S~ EXHIBIT B
--~,,,,c~9~1~-~o6 RESOLUTION NO. 15-94
November 23, 1993
ArthUr Lantz, Jr.
Gordon Rees, Attorney at Law
Embarcadero Center West, 20th Floor
2?5 Battery Street
San Fr&ncisco, CA 94111
SUBJECT:
OYSTILR POINT INTERCHANGE PROJECT
EPOCBFORI~RI, T KNOWN AS SUMITOMO DEVELOPMENT,
PARCBL 50698
Dear Mr. Lantz:
This is to advise you that the areas required from the subject
parcel have been revised and a new temporary construction easement
(50698-4) will be required. The changes are outlined on the
attached descriptions and are summarized'as follows=
50698-2 Maintenance Easement and
Temporary Construction Easement- 15,880 SF
50698-3 Public Service Easement -13,319 SF
50698-4 Temporary Construction Easement - 5,000 SF
The temporary construction easements will terminate on December
31, 1995.
The revised TCE and ~aintenance easement (50698-2) has increased
from a ten foot wide area to a twenty-five foot wide area to allow
for the construction of a waterline and retaining wall.
A new TCE (50698-4) is also required by Cai Water to construct 9
bore pit needed to install waterline facilities under the existing
railroad tracks.
N9 change In value of the subject parcel is warranted at this
time. Attached herevith is a revised appraisal summary statement.
EXHIBIT "B"
EPOCH
RESOLUTION OF NECESSITY
February g, 1994
Page 1 of 2 pages
Arthur Lantz, Jr.
November 23, 1993
Page 2
If you have any questions please feel
(408)321-5781.
sincerely,
SENIOR REAL BSTATg AGENT
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Attachment:
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DoUg Wiebe
Ron Parini
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free to call me at
EXHIBIT "B"
EPOCH
RESOLUTION OF NECESSITY
February g, 1994
Page 2 of 2 pages