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HomeMy WebLinkAboutReso 184-1985CITY RESOLUTION NO. 184-85 AGENCY RESOLUTION NO. 70 JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO A~ THE REDEVELOPMENT AGENC~ OF THE CITY OF SOUTH SAN FRANCISCO WHEREAS, California Code of Civil Procedure, Title VII, Section 1230.020, 1240.110, 1240.120, 1240.140 and Sections 650.0! et seq., 37350.5 et 'seq. and 40404 of the Government Code of the &tate of California authorize the City of South San Francisco to exercise the power of eminent domain for the purpose of taking property or property interests necessary to carry out any of the City's powers or functions; and WHEREAS, the Community Redevelopment Law, Part 1, Division 24, of the Health and Safety Code of the State of California and California Code of Civil Procedure Sections 1230.020, 1240.110 and 1240.125 and Section 6500 et seq. of the Government Code provides for the acquisition of private property for redevelopment purposes by the Redevelopment Agency of the City of South San Francisco; and WHEREAS, the public interest and necessity require the acauisition of the property hereinafter described on Exhibit "A", for a public use, namely for road construction and redevelopment p~rposes, and specifically for the Gateway Redevelopment Project and the Gateway Assessment District No. ST-82-2; and WHEREAS, SOUTHERN PACIFIC LAND COMPANY~ (hereinafter called OWNER) is the record owner of the lands to be acquired heretofore described on Exhibit "A"; WHEREAS the City of South San Francisco and the Redevelopment Agency of the City of South San Francisco are authorized to exercise the power of eminent domain jointly for the acquisition of property by virtue of Code of Civil Procedure Section 1240.140; and WHEREAS, the City of South San Francisco and the Redevelopment Agency of the City of South San Francisco are authorized to exercise the power of eminent domain for the purpose of taking such property by virtue of Government Code Sections 6500, et seq. 37350.5 and 40404; California Health & Safety Code Sections 33037 and 33220, and Code of Civil Procedure, Sections 1240.010, 1240.110, 1240.120, and 1240.140. NOW, THEREFORE IT IS FOUND, DETERMINED AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AND THE REDEVELOP- MENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO, as follows: 1. The real property and real property interests to be acquired are described in Exhibit "A" attached hereto and in- corporated by reference herein; 2. The public interest and necessity require the construction, completion and operation of the Gateway Extension Roadway pursuant to the Gateway Redevelopment Project and the Gateway Assessment District No. St-82-2; said project is part of a redevelopment project, a public use, and the property interest described in said Exhibit "A" is taken for such public use; 3. The Gateway Redevelopment Project and the Gateway Assess- ment District No. ST-82-2 are portions of said Gateway Redevelop- ment Plan, and the public interest and necessity require the con- struction, completion and operation of said Gateway Extension Roadway and the aforesaid Redevelopment and Assessment District Projects, said roadway; 4. The public interest and necessity require the acquisition of the interests in real property described in said Exhibit "A", and the taking of said real property interest or interests is necessary for the construction, completion and operation of the Gateway Extension Roadway which roadway will benefit said Development and Assessment Projects, and it is hereby directed that said real property interest or interests described in said Exhibit "A" be acquired by the City of South San Francisco and/or the Redevelop- ment Agency of the City of South San Francisco, California, by ' eminent domain proceedings as hereinafter set forth; 5. Said Gateway Extension Roadway as part of the Gateway Redevelopment Project and said Gateway Assessment District No. ST-$2-2 are planned and located in the manner that will be most -2- compatible with the greatest public good and the least private injury; that said roadway will be an alternative north-south route linking the Gateway Project with Airport Blvd. which will relieve traffic flow conditions thus benefiting the Gateway Redevelopment Project and that no other reasonable means of financing the acquisition and cQnstruction are available to the community. 6. The offer required by Section 7267.2 of the Government Code has been made to the owner of record. 7. The City Manager/Executive Director is authorized and directed to perform all acts necessary on behalf of the City of South San Francisco and the Redevelopment Agency of the City of South San Francisco for the acquisition of said interests in real property, and to do any and all other things in connection with such proceedings as in his judgment may be necessary or convenient to the successful conclusion of said proceeding or proceedings. 8. The City Manager/Executive Director, Ex-Officio of the Agency is hereby authorized to expend funds available to the City and to the Agency for the acquisition of the real property. 9. The City Manager/Executive Director, Ex-Officio of the Agency is hereby individually authorized and directed to consent to and accept, on behalf of the City and/or the Agency, all deeds and grants conveying any interest in the property as hereinabove described. 10. The City Manager/Executive Director, Ex-Officio is hereby authorized and directed to record a certified copy of this Resolution in the Office of the County Recorder of the County of San !4ateo. It may thereafter be referred to in any acceptance by any of the officers or agents referred to in Paragraph 9 above with the same effect as though a certified copy of this Resolution were attached to the document accepted. PASSED AND ADOPTED at a joint meeting of the City Council of the City of South San Francisco and the Baord of Directors of the -3- Redevelopment Agency of the City of South San Francisco, San Mateo County, California, held on the 28th day of AUgUSt , 1985, by the following vote, to-wit; CITY OF SOUTH SAN FRANCISCO: AYES: Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey, Gus Nicolopulos; and Roberta Cerri Teglia NOES: None ABSENT: None ATTEST: SAN FRANCISCO REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO: AYES: NOES: Members Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey, Gus Nicolopulos; and Roberta Cerri Teglia None ABSENT: None EXECUTIVE DIR EXHIBIT "A" TO CITY COUNCIL RESOLUTION NO. 184-85 EXHIBIT "A" TO REDEVELOPMENT RESOLUTION NO. 70 N(,v~ r)"ber 10, I L E G A L D LLS (.'. RIPT ION GA'IE'~,/kY I'AKE I'ARCEi. Ni? REAL PROPERTY I"4 THE CITY OF SOUTi{ SAN F'I,'ANCISCO, COl lr,/l'"' Oi: bAN MA~~:O, STATE OF C2kLIFORNIA, A PORTION OF Tile I.AP~Ii"}S .'5OUTIqERN PACIFIC COMPANY BY DEED RECORI?I!D DF. CEMt~EIL i, t';~,:, lin BOOK 1205 OF OFFICIAL RECORDS AT PA¢;E ~27, E, EG1NNING AT THE NORTHWEST CORNER OF $OrJl'lI SAN :NDUSTRIAL PARK NUMBER 2A, RECORDED IN VOLUME q9 OF M~S AT PAGE 39 ~ TftE OFFICIAL i)ECORDS Ol: SAID COUNT'/; I HENCE S 32° ~6' 1~" W ALONG THE NORTIIWEST LINE OF SAID TRACT ?0.51 i:[51Z'[' THE SOUTItERLY L1NE OF TIlL LANDS DF~SCRIBED llg SA~I) Dlit!I~ 2OUTHERN PAC~IC COK~ANY: THENCE N ~go .5~' q6" W AI.ON~; SAID lANE <5.31 FEET; THENCE LEAVING SAID !. INE N ~5o 59' 0~," E ~ t7.78; I'ifENCE 2~' ~I" E, 73.2z; FEEl' 'to THE LANDS CONVE~'ED TO THE I',MiI}:IC ~;AS AND i!LECT~C COMPANY AS PARCEL .3 BY fiLED RINiORI3EI'} IN BOON 210 Al' }'AGE 307 IN TIlE OFFICIAL I~CORDS OF SAID COI/NTY: TI[EN(TE /~LONG TIIE SOUTHERLY LINE OF PARCEL 3 A 13[STAN(TE OF 9.~7 FEI57 '?HE SOUTHEASTERLY CORNER OF SAiD l~tki~(2El..; rlHSbt(J[~ N t2o q~i' I~," E ALONG THE EASTERLY LINE OF SAID PARCEl. 3 31.27 FEET Tc~ !~EGINNING OF A NON-TANGENT CURVE TO TIlE LEFT FIiOM ~tilCl! FIIE ~:ADUiS POINT BEARS N ~5o 22' 1.5" W 760.00 FEET; THENCE I.E/xVING SAID ~.INE OF PARCEL 3 NORTHEASTERLY ALONG SAIl) CURVE TtlROII(;}t A <]ENTRAL ANGLE OF 23° t,,3' 0~" AN ARC DISTANCE O[: ll~.t, 0 RETURNING TO SAID LINE OF PARCEL 3; THENCE N 32° t~, 10" E ALONG SAkD LiNE 260.98 FEET TO A POINI' OF CUSP WITH A CURVE TO THE Ri(i}tT :::i'.OM WHICH THE RADIUS POINT }lEARS N 85o 01' 0~," W g~0.0q IrE[iT; LE:~,VING T[IE EASTERLY LINE OF PARCEL 3 SOIJTI-IWESTERLY Ai..ON(; SAIl) ¢:t~VE THROUGH A CENTRAL ANGLE OF 00o 25' ~5" AN ARC DISTANCE OP 5?5.55 I=EET; THENCE S ~5° 20' 0i" W 100.81 FEET TO THE NOR'rHE~LY LINE CF SAID ~ACT; THENCE N 88° 5~' ~6' W ALONG SAID NOItTH[iltI.Y LINE 5z;.~l FEET TO THE POINT CF BEGINNING. Tii.'.i PARCEL CONTAINS 1.!97 ACRES MORI-5 OR LESS.