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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 IZIT": 1►' ; IZ 1 l► KI [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 /�... �.' o'. 0' 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 i i� 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. 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