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HomeMy WebLinkAboutOrd 0560ORDINANCE NO. 560 AN ORDINANCE DECLARING INTENTION OF THE CITY COUNCIL TO ORDER THE WIDENING OF PORTION OF ROLLINS ROAD,THE OPENING AND/OR EXTENDING OF OTHER ROADS, THE ACQUISI- TION OF LANDS AND EASEMENTS NECESSARY THEREFOR AND FOR A DRAINAGE PUMPING STATION AND ENLARGING A DRAINAGE EASEMENT The City Council of the City of Burlingame does ordain as follows: Section 1. The public interest and convenience require, and it is the intention of said City Council to order, the follow- ing improvements in said City: A. (a) The widening to a width of seventy-five (75) feet that portion of Rollins Road which extends northwesterly from Broadway approximately 650 feet; (b) The opening of a road seventy-five (75) feet wide, to be a continuation northwesterly of said Rollins Road described in sub- paragraph A (a) above, as widened, said road to be opened to extend northwesterly approximately 1020 feet to and across the fifty (50) foot wide drainage ditch or canal, also known as Grove Avenue Creek, the center of said crossing to be approximately 502.47 feet northeasterly along the centerline of said ditch or canal from the northeasterly line of the Southern Pacific Railroad right of way; (c) The opening of a road eighty-four (84) feet wide, to be a continuation northwesterly of said road to be opened described in sub -paragraph A (b) above, said road to be opened described in this sub -paragraph A (c) to extend from the northwesterly end of said crossing, mentioned in sub -paragraph A (b) above, northwesterly approximately 840 feet to the northwesterly line of the lands of R. P. Etienne Properties, Inc., the center of said road as so extended to intersect said northwesterly line at a point thereon approximately 606 feet northeasterly from said northeasterly line of said railroad right of way; 1. B. (a) The opening as a public road sixty (60) feet wide that portion of a private road, commonly known as Marsten Road, which runs northeasterly, parallel to Broadway, from the northwesterly end of that portion of Rollins Road described in sub -paragraph A (a) above, said road to be so opened to extend from said north- westerly end of Rollins Road, as so widened, northeasterly approxi- mately 271.86 feet; (b) The opening as a public road fifty (50) feet wide that portion of said private road, known as Marsten Road, which runs at right angles northwesterly from the northeasterly portion of said private road mentioned in sub -paragraph B (a) above, said road to be opened to extend at right angles northwesterly from said northeasterly portion of said last mentioned road approximately 921.74 feet to the southeasterly line of said drainage ditch or canal described in sub -paragraph A (b) above; C. The opening of a road fifty (50) feet wide, from the present westerly end of the southerly portion of that road now Rollins Road, which southerly portion runs northwesterly from the south- westerly portion of said Rollins Road, approximately 129.71 feet southwesterly from where said portion of Rollins Road described in sub -paragraph A (a) above turns southwesterly for said distance of approximately 129.71 feet and then turns northwesterly, said road to be opened to extend from said westerly end of said southerly portion northwesterly to and across said drainage ditch or canal described in sub -paragraph A (b) above, and continue thence north- westerly approximately 563.09 feet to a point 272.18 feet south- easterly from the northwesterly line of lands of R. P. Etienne Properties, Inc., said point being in the center, and at the northwesterly end, of said road to be opened, and approximately 243.80 feet northeasterly and perpendicularly from the northeast- erly line of said railroad right of way; 2. D. Acquiring a site for constructing a drainage pumping station, at or near the northwesterly end of the road to be opened described in sub -paragraph B (b) above. Enlarging to 50 feet the present 30 foot drainage easement at the northwesterly end of lands of R. P. Etienne Properties, Inc. by acquiring an additional 20 foot easement therefor on the southeasterly side of said present ease- ment; E. All the foregoing improvements to be in accordance with a Map showing and delineating the same and the location, extent and width thereof, which Map was filed with and approved by said City Council by Resolution No. --fo4'`'adopted August a - 1954, and now on file with the Clerk of said Council. Section 2. The Public interest and convenience require that there be acquired, and it is the intention of said City Council to acquire, by condemnation, any and all lands, property and easements necessary or convenient, and not acquired gratuitously, for said widening, opening and/or extending said roads, for constructing said drainage pumping station, and for enlarging said drainage easement, said lands, property and easements to be so acquired under and pursuant to the Street Opening Act of 1903, as amended, Part 1 of Division 6 of the Streets and Highways Code of California; and said property and easements are to be so acquired for the purpose of constructing in connection therewith work and improvements of the character mentioned in the Improvement Act of 1911, as amended, Division 7 of said Streets and Highways Code, and under the pro- visions of said Act. Section 3. The lands, property and easements, necessary or convenient for said widening, opening and/or extending said roads, for constructing said drainage pumping station and for en- larging said drainage easement, and to be so taken and acquired 3. therefor, are the properties and easements, and to the respective widths and extents thereof, as set forth and delineated on said Map thereof hereinbefore mentioned heretofore filed with and approved by said City Council in connection with these proceed- ings, and now on file with the Clerk of said Council, said lands and properties being portions of several parcels of property in separate ownership as indicated on said Map. Section 4. In the opinion of said City Council said im- provement is of more than local and ordinary public benefit and said Council hereby orders that the cost of acquisition of said lands, properties and easements, to be so taken and acquired therefor, shall be charged upon an assessment district and the lands included therein, including any lands therein belonging to and/or in use by any county, city, public agent, or mandatory of any thereof, and said City Council hereby declares that all said lands are to be benefited by said improvements and to be assessed to pay the cost and expense thereof; saving and excepting there- from and from assessment for said improvements, the area of all public roads and ways therein, and the area of all said roads as so widened, opened and/or extended under these proceedings. Said assessment district is briefly described as bounded on the north by the Bayshore Freeway, on the east by Broadway, on the south by the Southern Pacific Railroad right of way, and on the west by the northwesterly line of the lands of R. P. Etienne Properties, Inc., said northwesterly line commencing at a point on the northerly line of said railroad right of way, approximately 2533.22 feet thereon northwesterly from the westerly line of Broadway, and running thence northeasterly to the southerly line of said Bayshore Freeway, said area being commonly known as the Broadway Industrial Area. The exterior boundaries of said assessment district and 4. the extent of the territory included therein are shown on said Map thereof hereinbefore mentioned heretofore filed with and approved by said City Council in connection with these proceedings, and now on file with the Clerk of said Council, to which map reference is hereby made for a particular description of said boundaries and the extent of said territory included therein to be so assessed. A more particular description of the exterior boundary of said assessment district is as follows: ASSESSMENT DISTRICT BOUNDARY All that real property situate in the City of Burlingame, County of San Mateo, State of California, described as follows: Beginning at the point of intersection of the northwest- erly line of Broadway, as it exists 90 feet in width, with the northeasterly line of the lands conveyed by Deed from Adeline M. Easton, at al, to Southern Pacific Railroad Company, a corporation, recorded July 17, 1900, in Book 83 of Deeds at page 565, Records of San Mateo County, Cali- fornia, said northeasterly line being also the southwesterly line of that certain 5.48 acre tract conveyed by Deed from Ansel M. Easton, et ux, to John Wisnom, recorded February 26, 1923, in Volume 62 of Official Records at page 334, Records of San Mateo County, said point of beginning being distant N 620 12' W 10.06 feet along said southwesterly line from the most southerly corner of said tract; thence from said point of beginning N 330 47' 30" E along said northwesterly line of Broadway 155.92 feet to.a point in the right of way line of Bayshore Freeway, District IV, San Mateo Vounty, Route 68, Burlingame; thence continuing along said line of Broadway and said right of way N 330 47' 30" E 304.41 feet to a point of intersection with the southeasterly prolonga- tion of the northeasterly line of Rollins Road; thence N 620 12' W along said prolongation and said right of way line 10.06 feet; thence along said right of way line the following courses and distances: N 33 47' 30" E 50.00 feet; S 620 12' E 2.01 feet; N 330 47' 30" E 11.01 feet, and N o4° 23' 30" w 34o.97 feet to a point of tangency with the following course; thence along an arc of 100 feet radius curving to the left through an angle of 390 56' 02" for an arc length of 69.70 feet to a point of tangency with the following course; thence N 440 19' 32" W 249.89 feet; thence N 500 39' w 1964.46 feet; thence leaving said right of way line S 350 24' 10" W along the northwesterly line of the lands of R. P. Etienne, Inc., 1102.02 feet; thence S 360 45' W 229.43 feet to said northeasterly line of the lands of Southern Pacific Railroad Company; thence S 620 12' E 2533.22 feet to the point of beginning. 5. Section 5. The City of Burlingame shall contribute to the expense of said proceedings under said Street Opening Act of 1903, as amended, by paying (a) the cost of acquisition of lands, property and easements, required for said widening of that portion of Rollins Road described in sub -paragraph A (a) above, and (b) one-fifth (1/5) of the cost of acquisition of lands, property and easements, required for the opening and/or extending of the road described in sub -paragraph A (b) above. Section 6. The owners of more than 60% of the area of the real property included within the boundaries of said Assess- ment District, and subject to assessment for said proposed improve- ments under said Street Opening Act of 1903, as amended, have signed and filed with said City Council a written petition for said improvements, and a waiver of the provisions of the Special Assess- ment Investigation, Limitation and Majority Protest Act of 1931, as amended, Division 4 of said Streets and Highways Code, and all investigation proceedings and reports provided for therein. Section 7. Notice is hereby given that the - 7 -- day of 1954, at the hour of tr-n p.m. on said day, and the meeting place of said City Council, in the City Hall in the City of Burlingame, San Mateo County, California, are hereby fixed as the time and place, when and where any and all persons having any objections to said proposed improvements may appear before said City Council and show cause why said proposed im- provements should not be carried out in accordance with this Ordinance of Intention. yy H. KENT ATWATER MAYOR I, HERBERT K. WHITE, City Clerk, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council held on the 2nd day of August, 1954, and adopted at a regular meeting of the City Council on August 16, 1954, by the following vote: AYES: Councilmen; Atwater-Love-Morgan-Rooth NOES: Councilmen: None ABSENT Councilmen: Byrd 1 HERBERT K. WHITE CITY CLERK