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Home My WebLink AboutReso 187-1985CITY RESOLUTION NO. 187-85 AGENCY RESOLUTION NO. 74 JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AND THE REDEVELOPMENT AGENCY 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 6500! et seq., 37350.5 et seq. and 40404 of the Government Code of the &rate 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 acquisition of the property hereinafter described on Exhibit "A", for a public use, namely for road construction and redevelopment purposes, and specifically for the Gateway Redevelopment Project and the Gateway Assessment District No. ST-82-2; and WHEREAS, POLETTI TRUST PROPERTIES, (hereinafter called OWNER) is the record owner of the lands to be acquired heretofore described on Exhibit "A"; W~EREAS 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 -1- 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 T~E CITY OF SOUTH SAN FRANCISCO AND THE REDEVELOP- .~ENT 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 c~nstruction 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 Au§ust , 1985, by the following vote, to-wit; AYES: NOES: CITY OF SOUTH SAN FRANCISCO: Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey, Gus Nicolopulos; and Roberta Cerri Teglia None : ABSENT: None MAYOR OF THE CITY OF ~, SAN- ATTEST: 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 THE CITY OF SOUTH A E CY oF _'"RANCI SCO EXHIBIT .':A" TO CITY COUNCIL RESOL ~0. 187-85 EXHIBIT "A" TO REDEVELOPMENT AGENCY RESOLUTION NO. 74 GATEWAY [~×TENSION TAI<F t'AR(J:.L NO.,~. REAL t:I~OPERTY IN THE CITY t)l: SOUTH SAN I:ltANCISC(I, COIJ!'IT'~' OF SAN I~IATEO~ STATE OF' CALJFORN!A A PORI'ION ¢)!: Tile I.^N;)S ¢;I~^NTEI) TO PACIFIC GAS AND EI_ECTRIC COMFANY AND ITS Pi,IEi)E(:I:.S.SOI~ SIl:.I~R/x AND SAN Fi,~ANCLSCO POWER Ct). BY DEEDS I~.F. COi~I)EI) IN ]'tie OFFICIAL RECORDS OF SAID CC, UNTY IN BOOK t~22 AT PA(iE 79 IN IICOK 210 AT PAGE 107 AND IN BL~OK 214~ AT PAt;t-: 350, DF. SCRII~I.-:D AS FOLLOWS: BEGii~NING AT THE INTERSIZCI'ION OF THI" NOILTIIFRLY LINt': OF MITCttELL AVENUF ~, ITlt TIlE q,'ESTFRL'~ I.INE OF SOIJTI ! SAN [:IIAi'4< :IS('() INi)IJS'FR IAL PARK NUMBER 2A AS Sl iOWN ON Ti4E fi, iAi' RECOI~DI-:I) lin VOI.I.;M[:. t~9 OF SUP, DIVISION i'dAl;S AT PAGE 3g, OI':FICIAL RECOi~DS OF SAII'~ (:OtJNTY; Tt1EN¢:[: ALONG ]'HE FOLLOWING NUMBEREI) COUi~ISI-:S: 1) 2) 7) 1 O) 12. 13. It.. I~. N01oI0'lt4"E ALONG SAID WF_LSTENLY L1NF 21.12 FEET TO A Pc)INT OF CUSP WITtl A CURVE TO l'tlE RIGHT FROM WttlCtl TilF RAI31IJ5 POINT I~EARS N23ob6'35,,E, 270.00 FEILT. LEAVING SAID W~l't~R! Y LINE ALONG SAID CIJRVE TtiROUGil A CI:NTRAL ANGLE OF 10o19'31" AN ARC DISTANCE O[: t~g.6g FEET. N55O~.3'3~"~:, 112.t, 7 FEET TO A CUI{VE TO TIlE ItI(;llT WI'Fll A OF 26.00 FEET. ALONG SAID CI~R$'E I'HI~OUGi4 A CENI'NAI. ANGI.E ()F 82o~5'0~" AN ARC DISTANCE OF 2,g."~q FEET TO A CIlRVI~ TO TIlE 1~I(;I11 WITII A RADIUS OF 2~9.C0 FEI:~. ALONG SAID CURVE 'rllROU(;lt A CENI'i~AL ANGLE OF I,~o13,12,, AN ARC D~I'ANCE OF 32.36 FEET. N~So2t~'~I"E 6,~0. I i FI:ET TO TIlE NORTIIWI~STI~I~LY I.IF~E OF SAIl) TRACT. N32°~6'I~"E ALONG SAID I.INE 1~0.06 I:I~I~T TO TitE i. AN!)S I)I:I:I~EI] TO SC'UTHEI~N PACIFIC COMI~ANY IN BOOK 1205 AT I'A(;I~ tl~] c:I't:t(:IAL RF. COIZDS OF SAiD ~:Oth'i 1 ~'. N~ost~'~6"W ALONG SAIl.) LINE ~5.~1 FEINT. LEAVLNG SAID LINE N~°~q'Ott"W q~2.25 FEET TI) Tit!:. S()IFI'III~AS'CFI~LY LiNE OF THE LANDS I)F~I~II~I:I~ IN VOI.IJME 52 OF Ib~Nf:EL M'~['S A'F PAGE 71 IN THE OFi:lc:I.'~,L. RECOI~.DS c)l: .SAil) Sa2°32'3)"W 31~.90 ['Ei!'i'. ~0i°IC,'I~"W 1I).39 FEt~.I TO TIlE NOIITliEi~LY L1NI~, ()1: MIT(:IIEt, L RECORDS OF SAIl) CO~ INTY Si]°)2'll"[ ALONG SAIl.) LINI~ 1~.03 i:l!!~T ]O TIlE I',i:(;INNIH(i O1: A NON-TANGI:,NT CIINVi~ 1'O THE RIGitT I:~]OM WItlCll ]'lie BEARS S30o36'I 7"E 50.00 Iq:ET. I,EAVING SAID I.INE OF SAID AVENIIE AI.i)N(i SAIl) (:IJI~VE TIII,'OIJGil A CENTRAl. ANGLE OF 63o2~'12'' AN ARC DISTANCE OF 5~..t9 I.l!t:T RETURNING TO SAID LINE OF SlID S~S°}2'II"E ALONG SAIl) lINE 92,37 I:EI:T TO Still) Wi:.~'[FI~I~Y i.I~!: OF SAID TRACT. ~01oI0'1~"[ ALONG SAIl) 'FNACT LINE 5.~0 FIEF Iq) FIlE 1~,~1~,~[ ~)1.' THIS PARCEL CONTAINS l.:,t' .... \CI,~I':S MORE Parcel # 2 EXHIBIT A