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Home My WebLink AboutReso 106-1992I IL.I, RESOLUTION NO. 106-92 CITY WH] has detE Interch~ IOUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ADOPTING A RESOLUTION OF NECESSITY TO BEGIN CONDEMNATION PROCEEDINGS TO THE OYSTER POINT INTERCHANGE PROJECT CSHEARWATER) ~REAS, the City Council of the City of South San Francisco ~rmined that a need exists to construct the Oyster Point/101 ~nge Project; and WH] it is necessary to obtain certain privately owned propert] to accomplish said project; and WH REAS, said property is more particularly described in "A", attached hereto and by reference incorporated herein; and WH! , the offer required by Section 7267.2 of the GovernmEnt Code has been made to the owner of record (Exhibit "A"); and by Resol , the City Council of the City of South San Francisco, NO. 120-90 certified the Environmental Impact Report for the project in compliance with the California ental Quality Act on August 8, 1990; and , the Planning Commission of the City of South San , under Resolution No. 2423 dated May 31, 1990, found the project consistent with the adopted City of South San Francisco General and WHE , the city has negotiated in good faith on the purchase of the 'operty described in Exhibit "A", but the owner thereof and the City have been unable to conclude an agreement concerning the acquisit and WHE the owner of the property described in Exhibit "A" has been duly notified and given written notice of the opportunity to appea and be heard on August 12, 1992 by the City Council on the prop)sed project and the proposed acquisition of the property describe( in Exhibit "A"; and WHE] EAS, the City Council has held a hearing and considered the state , comments, and views of the property owner on this matter; ~nd 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 wi21 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 carryin? 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 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 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 agreemen~ 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 acquisision 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 regular meeting held on the 12th day of Augu$~ , 1992 by the following vote. AYES: Councilmembers Jack DraQo, Joseph A. Fernekes, Roberta Cerri Teglia, Robert Yee, and Mayor John R. Penna NOES: None ABSTAIN: None ABSENT: None RESOLUTION NO. 106-92 DESCRIPTION FOR CITY OF SOUTH SAN FRANCISCO December 31, 1991 SFO22236.B3 Parcel No. 50698-2 Oyster Point Boulevard Interchange Temporary Construction Easement Easement to be acquired from Sumitomo Development Co., Ltd. (See attached Exhibit A) RESOLUTION NO. 106-92 EXHIBIT A Parcel No. 50698-2 Temporary Construction Easement That parcel of land in the City of South San Francisco, County of San Mateo, State of California, described as follows: Commer.cing at the intersection of the northerly line of Oyster Point Boulevard (formerly Butler Road) and the southeasterly line of the Southern Pacific Transportation Company right of way; thence, along said southeasterly line N. 38o43'09'' E., 104.20 feet; thence, N. 51°16'51" W., 25.00 feet; thence, N. 38o43'09'' E., 156.49 feet to the POINT OF BEGINNING of this description; thence, continuing N. 38o43'09'' E., 10.93 feet; thence, leaving said line from a tangent ;hat bears S. 26055'30'' E., along a 253.00-foot-radius curve concave to the northeast, through a central angle of 55°55'30", an arc distance of 246.95 feet; thence, ,_long a non-tangent line S. 84O27'51" E., 107.87 feet; thence; from a tangent rhat beam N. 86°40'34" E., along a 4,878.00-foot-radius curve concave to the north, through a central angle of 2O20'10", an arc distance of 198.89 feet; thence, N. 84o20'24'' E., 25.06 feet; thence, along a 28.00-foot-radius curve concave to the northwest, through a central angle of 86°55'5T', an arc distance of 42.48 feet; the_ace, N. 2o35'33'' W., 19.75 feet; thence, N. 87O24'27" E., 10.00 feet; thence, S. 2O35'33" E., 19.75 feet; thence, along a 38.00-foot-radius curve concave to the northwest, through a central angle of 86°55'57", an arc distance of 57.66 feet; thence, S. 84o20'24" W., 25.06 feet; thence, along a 4,888.00-foot-radius curve concave to the north, through a central angle of 2o20'10", an arc distance of 199.30 feet; thence, along a non-tangent line N. 84o31'28'' W., 109.69 feet; thence, from a tangent -.hat bears N. 82°51'01" W., along a 263.00-foot-radius curve concave to the northeast, through a central of 54°56'34", an arc distance of 252.20 feet to the point of beginning. Containing an area of 6,517 square feet (0.15 acre) more or less. The beahngs and distances used in this description are based on the California Coordinate System, Zone III. To obtain ground distances, multiply the distances used by 1.0000790. This terrporary construction easement shall terminate December 31, 1993. rv/PC1983/C:\WP5 l~)O~506982.LGL RESOLUTION NO. 106-92 DESCRIPTION FOR CITY OF SOUTH SAN FRANCISCO March 9, 1992 SFO22236.B3 Parcel No. 50698-3 Oyster Point Boulevard Interchange Public Service Easement Easement to be acquired from Sumitomo Development Co., Ltd. (See attached Exhibit A) RESOLUTION NO. 106-92 EXZHIBIT 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: Commencing at the intersection of the northerly line of Oyster Point Boulevard (formerly Butler Road) and the southeasterly line of the Southern Pacific Transportation Company right of way; thence, along said southeasterly 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. 38o43'09" W., 250.00 feet; thence, from a tangent that bears S. 30~36'11" E., along a 253.00-foot-radius curve concave to the northeast, through a central angle of 52°14'50'', an arc distance of 230.71 feet; thence, along a non-tangent line S. 84°27'51'. E., 107.87 feet; thence, from a tangent that bears N. 86040'34'' E., along a 4,878.00-foot-radius curve concave to the nor-~ through a central angle of 2O20'10", an arc distance of 198.89 feet; thence, N. 84020'24'' E., 25.06 feet; thence, along a 28.00-foot-radius curve concave to the rorthwest, through a central angle of 86°55'5T', an arc distance of 42.48 feet; thence, N. 2035'33'. W., 19.75 feet; thence, N. 87O24'2T' E., 10.00 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 86°55'57'', an arc distance of 57.66 feet; thence, S. 84O20'24" W., 25.06 feet; thence, along a 4,888.00-foot-radius curve concave to the north, through a central angle of 2O20'10", an arc distance of 199.30 feet; thence, along a non-tangent line N. 84o31'28" 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[of 54°56'34", an arc distance of 252.20 feet to the point of beginning. Containing an area of 10,224 square feet (0.23 acre) more or less. The beatings and distances used in this description are based on the California Coordinate System, Zone III. To obtain ground distances, multiply the distances used by 1.0000790. .- rv/PC1983/C:\WP5 lkDOCS~506983.LGL