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Resolution of the City Council of the City of South San Francisco adopting a Resolution of Necessity finding and determining the public interest and necessity for acquiring and authorizing the condemnation of real property, for Phase II of the Community Civic Campus Project, located in and along Antoinette Lane (no address, no Assessor’s parcel number)
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WHEREAS, the City of South San Francisco (the “City”) proposes to acquire a fee simple interest in the entire parcel located in and along Antoinette Lane in the City of South San Francisco, County of San Mateo, and described in the legal description attached hereto and incorporated by reference as Exhibit A and depicted in the plat map attached hereto and incorporated by reference as Exhibit B (the “Subject Property”) for the Community Civic Campus Project Phase II (the “Project”); and
WHEREAS, as the City is authorized to acquire the Subject Property in fee by eminent domain under the provisions of Article I, section 19 of the California Constitution; Government Code sections 37350.5, 37501, 38002, 38010, 37353 and 40404; Public Resources Code section 5301; and Code of Civil Procedure sections 1230.010 et. seq. (the California Eminent Domain Law), including but not limited to sections 1240.010, 1240.020, 1240.030, 1240.110 and 1240.120, and other provisions of the law; and
WHEREAS, the larger Community Civic Campus Project is a three-phase project that will construct a number of new public facilities for use by City departments and members of the public accessing City services and taking part in a range of social, cultural, and recreational activities. Phase I will be the new state-of-the-art Police station (located at the corner of Chestnut Avenue and Antoinette Lane) that will serve as the department’s headquarters, and will also provide office space for the City’s Information Technology and Human Resources departments. Phase II will be the combined Library, Parks & Recreation and Community Theater / Council Chamber center and park (located along El Camino Real between Chestnut Avenue and Arroyo Drive). A new building will house a new library branch, as well as a vast amount of space dedicated to exhibiting artwork, performances, and classrooms for use by the public. In addition, the Phase II building will include a new City Council chambers that will also serve as a community theatre. Finally Phase II includes a public park with playground and exercise areas. Phase III will consist of construction of a new fire station and future development on the current City-owned Municipal Services Building site; and
WHEREAS, the Project stems from a critical need to maintain essential City services and to meet increasing demand for library services and recreational programming in the City; and
WHEREAS, the Project will meet these needs through construction of a new library branch; new recreation facilities that include art classrooms, exhibit space, and dance studios; offices for the City’s human resources, library, and parks and recreation departments; a new Council chambers and community theatre; and a park with playground, exercise equipment, and open space; and
WHEREAS, the City evaluated the environmental impacts of the Project when it evaluated the impacts of all phases of the Community Civic Campus Project pursuant to the California Environmental Quality Act (“CEQA”), and the City Council, as lead agency for purposes of CEQA, certified and adopted a Subsequent Environmental Impact Report (“SEIR”) for the Community Civic Campus Project at a duly noticed public hearing on December 13, 2017. The SEIR serves as the CEQA documentation for the City’s consideration and approval of the Project, and no additional CEQA review is required; and
WHEREAS, the City considered and examined alternatives to the Project, and has considered whether the Project is planned or located in a manner that is the most compatible with the greatest public good and the least private injury; and
WHEREAS, the Subject Property is a remnant parcel left over from a larger land holding. Much of the Subject Property is currently encumbered by the Antoinette Lane roadway with asphalt paving, curbing, gutter, and sidewalk, and only a small portion of the land is outside of the public road, and this portion is vacant; and
WHEREAS, the Subject Property is located on the site for the Project; and
WHEREAS, the Subject Property was appraised by an independent real estate appraiser and an amount believed to be just compensation was established by the City; and
WHEREAS, the Subject Property has no address and is not assessed. Thus, there is no owner listed with the County of San Mateo Tax Assessor. The owner of record of the Subject Property is Baden Brick Company (“Owner”), a corporation that dissolved in 1914. The Owner has no agent for service of process or address on file with the California Secretary of State, and the City was unable to locate a living representative of the corporation; and
WHEREAS, despite the efforts of the City to identify and locate the Owner of the Subject Property, no living representative of Owner has been located and, as a result, the City was not able to make a written offer for the appraised value of the Subject Property pursuant to Government Code section 7267.2; and
WHEREAS, on February 10, 2021, a Notice of Intention to Adopt a Resolution of Necessity, incorporated herein by reference, was posted on the Subject Property and on the City website; a notice was also published in the San Mateo Daily Journal; and
WHEREAS, the notice notified the property owner of its right to be heard before the City Council on March 10, 2021, on the following matters:
1. Whether the public interest and necessity require the Project;
2. Whether said Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;
3. Whether the Subject Property is necessary for the Project; and
4. Whether the offer required by Government Code section 7267.2 has been made to all owners of record, unless the owner or owners could not be located with reasonable diligence.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco hereby finds the recitals above are true and accurate; and
BE IT FURTHER RESOLVED, the City Council additionally finds and declares the following:
1. The public interest and necessity require the Project; and
2. The Subject Property is being acquired for a public use, namely for the construction of civic, park, and recreational facilities, and public streets, and for all public purposes pursuant to the authority conferred upon the City to acquire by eminent domain by virtue of Article I, section 19 of the California Constitution; Government Code sections 37350.5, 37501, 38002, 38010, 37353 and 40404; Public Resources Code section 5301; and Code of Civil Procedure sections 1230.010 et. seq. (the California Eminent Domain Law), including but not limited to sections 1240.010, 1240.020, 1240.030, 1240.110 and 1240.120, and other provisions of the law; and
3. The Subject Property, specifically a fee interest in the entire real property located in and along Antoinette Lane in the City of South San Francisco, County of San Mateo, and described and depicted in Exhibits A and B, is necessary for the Project; and
4. The offer required by Government Code section 7267.2 has not been made to all owners of record because the owner could not be located with reasonable diligence; and
5. The requirements of the California Environmental Quality Act have been satisfied; and
6. Insofar as any portion of the Subject Property has heretofore been appropriated for public use under Code of Civil Procedure section 1240.510 in that the City’s use of the Subject Property will not unreasonably interfere with or impair the continued public use as it now exists or may reasonably be expected to exist in the future, and alternatively, for a more necessary public use under Code of Civil Procedure section 1240.610 in that the City’s use of the Subject Property is a more necessary public use than the use to which the Subject Property is appropriated; and
7. The City has complied with the provisions of Code of Civil Procedure section 1245.235 by providing reasonable written notice to each person whose property is to be acquired by eminent domain and a reasonable opportunity to appear and be heard on the matters referred to in Section 1240.030; and
BE IT FURTHER RESOLVED that outside counsel, Meyers Nave, is hereby authorized to proceed immediately with the commencement of an action for eminent domain pursuant to the Eminent Domain Law set forth in the Code of Civil Procedure section 1230.010, et seq., for the acquisition of the Subject Property described and depicted in Exhibits A and B, attached hereto, and to deposit with the State Treasury the amount of probable just compensation established by an approved appraisal.
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EXHIBIT A
EXHIBIT B