HomeMy WebLinkAboutReso - CC - 049-2000RESOLUTION NO. 49-2000
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT
DOMAIN PROCEEDINGS
[City of Burlingame Corporation Yard Expansion
1347 North Carolan Avenue, Burlingame, CA — APN 026-121-0501
RESOLVED BY THE CITY COUNCIL OF THE CrrY OF BURLINGAME,
CALIFORNIA, as follows:
WHEREAS, it is desirable and necessary for the City of Burlingame to acquire certain real
property, particularly described in Exhibit "A", attached hereto and made a part hereof by reference, for
the acquisition of fee simple title; and
WHEREAS, the City of Burlingame is vested with the power of eminent domain to
acquire real property by virtue of Article I, Section 19, of the Constitution of the State of
California, Government Code Section 37350.5, and Sections 1240.050, 1240.110, 1240.120,
1240.125, 1240.150, and 1240.410 of the Code of Civil Procedure of the State of California; and
WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil
Procedure of the State of California, notice has been duly given to all persons whose property is
to be acquired by eminent domain and whose names and addresses appear on the last San Mateo
County equalized assessment roll, all of whom have been given a reasonable opportunity to
appear and be heard before the City Council of the City of Burlingame on the following matters:
(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;
(c) Whether the property sought to be acquired is necessary for the Project; and
(d) Whether the offer required by Government Code Section 7267.2 has been made to
the owner(s) of record.
WHEREAS, pursuant to the provisions of Section 7267.2 of the Government Code of the
State of California, the City Council of the City of Burlingame has made an offer to the owner or
owners of record to acquire the subject property for just compensation; and
WHEREAS, the Planning Commission of the City of Burlingame has held a public
hearing pursuant to Government Code section 65402 and determined that the acquisition of the
land described in this resolution and the Project are consistent with the Burlingame General Plan;
and
WHEREAS, the Project is categorically exempt from the California Environmental
Quality Act because it is a replacement or reconstruction of existing commercial facility in
substantially the same size, purpose, and capacity,
NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows:
1. The public interest and necessity require the Project for the acquisition of the fee simple
title in and to the above -identified parcel of land;
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 taking of the fee simple title in and to the real property more particularly described in
said Exhibit "A" is necessary for the Project;
4. The offer required by Section 7267.2 of the Government Code of the State of
California has been made to the owner or owners of record of the real property;
5. The law firm of Meyers, Nave, Riback, Silver & Wilson is hereby authorized and
directed to institute and conduct to conclusion an action in eminent domain for the acquisition of
the estates and interests aforesaid and to take such action as it may deem advisable or necessary in
connection therewith;
6. An order for prejudgment possession may be obtained in said action and a warrant issued
to the State Treasury Condemnation Fund, in the amount determined by the Court to be so deposited,
as a condition to the right of immediate possession.
7. The Project is categorically exempt pursuant to Section 15302(6) of the CEQA
Regulations.
Mayor
I, ANN T. MUS SO, City Clerk of the City of Burlingame, do hereby certify that the
foregoing resolution was introduced at a regular meeting of the City Council held on the 1st day
of May 2000, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: COFFEY, GALLIGAN, JANNEY, SPINELLI, O'MAHONY
NOES: COUNCILMEMEERS: NONE
ABSENT: COUNCILMEMBERS: NONE )
City Clerk