HomeMy WebLinkAboutReso - CC - 039-1980RESOLUTION No. 39-80
A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST
AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN
LAND AND DIRECTING THE FILING OF EMINENT DOMAIN
PROCEEDINGS
CITY OF BURLINGAME
RESOLVED, by the City Council of the City of
Burlingame, California, that:
WHEREAS, it is necessary and desirable for the
City of Burlingame to acquire that certain real property, as
more particularly described in Exhibit "A" attached hereto
and by this reference made a part hereof, for the construc-
tion of a police station facility.
WHEREAS, the City of Burlingame is vested with the
power of eminent domain to acquire private property for public
use by virtue of Article I, Section 19 of the Constitution
of the State of California, Code of Civil Procedure S 1240.020
and § 1240.120;
WHEREAS, notice has been duly given pursuant to
the provisions of Section 1245.235 of the Code of Civil
Procedure of the State of California, and all persons whose
property is to be acquired by eminent domain and whose name
and address appear on the last equalized county assessment
roll have been given a reasonable opportunity to appear and
be heard before the City Council of the City of Burlingame
on the following matters, to wit:
(a) Whether the public interest and necessity
require the project;
(b) Whether the project is planned or located
in the manner that will be most compatible;
with the greatest public good and the
least private injury; and
(c) Whether the property sought to be acquired
is necessary for the project.
NOW, THEREFORE, IT IS FOUND, DETERMINED AND
ORDERED, as follows:
1. The public interest and necessity require the
project and the taking of the fee simple title in and to the
property described in Exhibit "A" for the construction of
a police station facility;
2. The project is planned and located in the
manner which will be most compatible with the greatest public
good and the least private injury;
3. The property sought to be acquired is necessary
for the project; and
4. The law firm of LYNCH AND NAVE is hereby directed
to institute and conduct to a conclusion an action in eminent
domain for the acquisition of the estates and interests
aforesaid and to take such action as is necessary therein.
* * * * * * * * * * * * *
I hereby certify that the foregoing is a full,
true and correct copy of a resolution duly passed and adopted
by the City Council of the City of Burlingame, California,
at a regular meeting thereof held on the 16th day of June,
1980, by the following roll call vote:
AYES, Councilmembers: Amstrup-Barton-Crosby-Mangini-Martin
NOES, Councilmembers: None
ABSENT, Councilmembers:Nonne
MAYOR-OP-THE/`CITY OF BURLINGAME
7.4�
City Cler of —he City of
Burlingame
-2-
DESCRIPTION:
All that certain real property situate in the City of Burlingame,
County of San Mateo, State of California, described as follows:
Parcel "B", as designated on the Map entitled "PARCEL MAP BEING A
RESUBDIVISION OF LOT 1, BLOCK 2 'MILLS ESTATE NO. 1', AS RECORDED IN
VOL. 38 OF MAPS AT PAGES 48 & 49, RECORDS OF SAN MATEO COUNTY, BURLIN-
GAME, CALIFORNIA", which Map was filed in the office of the Recorder of
the County of San Mateo, State of California on January 9, 1976, in Book
30 of Parcel Maps at Page 17.
EXCEPTING from said Parcel "B":
(a) Lands conveyed to the City of Burlingame, a Municipal corporation,
by that certain Deed recorded on January 9, 1976, in Book 7023, of
Official Records at Page 401 (File No. 29124-AJ), Records of San Mateo
County, California.
A.P. #025-161-130. J.P.N. 25-16-161-13.
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DECLARATION OF SERVICE BY MAIL
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN MATEO )
I, MICHAEL R. NAVE, say:
That I am a citizen of the United States and a
resident of the county aforesaid; that I am over the age
of eighteen years and not a party to the within entitled
action; that my business address is P.O. Box 208, Burlingame,
California 94010; on May 20, 1980, I served by certified
mail the within NOTICE OF INTENTION TO ADOPT RESOLUTION OF
NECESSITY, with attached map and description (Exhibit "A"),
on interested parties in said action, by placing true copies
thereof, enclosed in a sealed envelope with postage thereon
fully prepaid, in the United States mail at Burlingame,
California, addressed as follows:
Vincent A. Muzzi
1766 El Camino Real
Burlingame, CA 94010
I declare under penalty of perjury that the foregoing
is true and correct.
Executed on May 20, 1980, at Burlingame, California.
ICHAEL R. NAVE
DESCRIPTION:
All that certain real property situate in the City of Burlingame,
County of San Mateo, State of California, described as follows:
Parcel "B", as designated on the Map entitled "PARCEL MAP BEING A
HESUBDIVISION OF LOT 1, BLOCK 2 'MILLS ESTATE NO. 1', AS RECORDED IN
VOL. 38 OF MAPS AT PAGES 48 & 49, RECORDS OF SAN MATEO COUNTY, BURLIN-
GAME, CALIFORNIA", which Map was filed in the office of the Recorder of
the County of San Mateo, State of California on January 9, 1976, in Book
30 of Parcel Maps at Page 17.
EXCEPTING from said Parcel "B":
(a) Lands conveyed to the City of Burlingame, a Municipal corporation,
by that certain Deed recorded on January 9, 1976, in Book 7023, of
Official Records at Page 401 (File No. 29124-AJ), Records of San Mateo
County, California.
A.P. #025-161-130.
a
J.P.N. 25-16-161-13.
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