HomeMy WebLinkAboutReso - CC - 067-2000RESOLUTION NO. 67-2000
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
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[City of Burlingame Corporation Yard Expansion
1369 North Carolan Avenue, Burlingame, CA — APN 026-121-070]
RESOLVED BY THE CITY COUNCIL OF THE CITY 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 'W', 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
06/20/00
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; and
WHEREAS, the real property to be acquired is currently leased by Pacific Construction,
and Manufacturing, Inc., and this lease has been extended for a 5 -year term commencing on
September 1, 2000, and whereas the City has advised Pacific Construction and Manufacturing,
Inc. that it may continue its tenancy until August 30, 2005, and in consideration therefor, Pacific
Construction and Manufacturing, Inc. has agreed to waive any claim that it may have against the
City for relocation benefits and compensation for loss of business goodwill,
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 taking of the fee simple title in and to said real property pursuant to this
Resolution shall be subject to the existing leasehold interest of Pacific Construction and
Manufacturing, Inc.
5. 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;
6. 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;
7. 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.
Regulations.
The Project is categorically exempt pursuant to Section 15302(b) of the CEQA
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Mayor
I, JUDITH A. MALFATTI, Acting 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_
19th day of June , 2000, and was adopted thereafter by the following vote:
06/20/00
AYES: COUNCILMEMBERS: COFFEY, GALLIGAN, JANNEY, O'MAHONY, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
06/20/00
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1369 North Carolan Avenue
APN: 026-121-050
CHARLES HUPPE and ASTA E. HUPPE, TRUSTEES
PARCEL ONE:
BEGINNING at a point on the Northeasterly line of a certain 10 foot strip of land described in
the Deed from Ansel M. Easton and wife, to Southern Pacific Railroad Company, a corporation,
recorded July 19, 1922 in Book 47 of Official Records at Page 77, distant thereon North 62°
12' West 42.38 feet from the most Easterly corner thereof; thence from said point of beginning
along said Northeasterly line of said 10 foot strip North 62° 12' West 102.02 feet to the
Southeasterly boundary of land conveyed by Deed from Christman Building Company, a
corporation, to James P. Aced and Bertha B. Aced, his wife, recorded February 15, 1957 in
Book 3175 of Official Records at page 147; thence along said Southeasterly boundary, North
280 12' 54" East 208.81 feet to the Southwesterly line of North Carolan Avenue, formerly
known as Rollins Road; thence along said Southwesterly line South 62° 12' East 122.43 feet;
thence South 33° 47' 39" West 210 feet, more or less, to the point of beginning.
PARCEL TWO:
BEGINNING at the most Westerly corner of that certain parcel of land conveyed to the City of
Burlingame, a municipal corporation, by argonaut Investment Company, a corporation, by Deed
dated October 24, 1926 and recorded in the office of the Recorder of the County of San Mateo,
December 9, 1926 in Book 260 of Official Records, at Page 24; running thence North 33' 47'
30" East along the Northwesterly line of said parcel of land 115.98 feet; thence South 29° 32'
West to a point on the Southwesterly line of said parcel of land 115.40 feet; thence North 62°
12' West along the Southwesterly line of said parcel of land 8.62 feet to the point of beginning.
EXCEPTING THEREFROM that portion conveyed to the City of Burlingame, a municipal
corporation, by Deed recorded April 12, 1960, as Series No. 45951-S, in Book 3778, at Page
609, San Mateo County Records.
A.P. No.: 026-121-050 JPN 026 012 121 05 A
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