HomeMy WebLinkAboutReso 85-1992RESOLUTION NO. 85-92
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION OF INTENTION ADOPTING
A RESOLUTION OF NECESSITY FOR THE
OYSTER POINT INTERCHANGE (SHEARWATER)
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 "A");
'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 Plan; 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 July 22, 1992 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 ~hereon, finds, determines, and orders as follows:
1. The public interest and necessity require the proposed
project.
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 or 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 Section 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 immediate 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 a'~thorized 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
agreemen5 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.
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 regular meeting held on the 22nd day July 1992, by
the following vote:
AYES: Councilmembers Jack Draqo, Joseph A. Fernekes,
Roberta Cerri Teglia, Robert Yee & Mayor John R. Penna
NOES: None
ABSTAIN:None
ABSENT:None
ATTEST:
City Clerk