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HomeMy WebLinkAboutReso - CC - 134-2021RESOLUTION NO. 134-2021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DECLARING TWO RIGHT-OF-WAY PARCELS ASSOCIATED WITH THE US HIGHWAY 101/13ROADWAY INTERCHANGE RECONSTRUCTION PROJECT AS EXEMPT SURPLUS LAND PURSUANT TO THE SURPLUS LAND ACT; AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE A QUITCLAIM DEED BETWEEN THE CITY OF BURLINGAME AND CALTRANS FOR SAID PARCELS The City Council of the City of Burlingame, California resolves as follows: WHEREAS, the US-101/Broadway Interchange Reconstruction Project (Project) was completed in October 2017 by Caltrans as the lead agency in close collaboration with the City of Burlingame and the San Mateo County Transportation Authority (SMCTA); and WHEREAS, the Project consisted of reconstruction of the Broadway/US-101 Interchange, which provided improvements to Broadway, US-101 on and off -ramps, Rollins Road, Bayshore Highway, and Airport Boulevard; and WHEREAS, the Project also included improvements to reduce traffic congestion, facilitate access, and enhance bicycle and pedestrian access and safety, and there were aesthetic improvements constructed including a new decorative gateway entry feature, retaining walls, and bio swales with landscaping and irrigation; and WHEREAS, as part of the new Interchange design, the Caltrans and City rights -of -way (ROWs) were modified to fit the new Interchange and facilities that are owned and maintained by each agency; and WHEREAS, some of the previously Caltrans-owned ROW parcels were transferred to the City and are now part of the City -owned and maintained ROW, including the intersection of Broadway/Rollins Road and the intersection of Airport Boulevard/Broadway; and WHEREAS, the intersection of US-101 northbound on and off -ramps and Old Bayshore Highway (Parcel 62649-1, "Parcel 1") was reconfigured to include Caltrans facilities including the new traffic signal and associated appurtenances, and the ROW between Rollins Road and the newly constructed US-101 southbound on -ramp (Parcel 62651-1, "Parcel 2") was modified to include the new Caltrans facilities; and WHEREAS, to accommodate the newly constructed Caltrans facilities at both of these locations and establish clear ROW limits for each agency, a transfer of Parcels from the City to Caltrans is necessary via Quitclaim Deed; and WHEREAS, pursuant to the Surplus Land Act (Government Code section 54220 et seq.), prior to disposing of land, the City Council must declare the land to be "surplus land" or "exempt surplus land," and support such declaration by written findings. NOW, THEREFORE, be it RESOLVED, DETERMINED AND ORDERED BY THE COUNCIL, AS FOLLOWS: 1. The City Council of the City of Burlingame finds all of the facts recited above and in the staff report to be true and correct. 2. Pursuant to Government Code section 54221(b)(1), the City Council of the City of Burlingame determines Parcels 1 and 2 to be exempt surplus land under the Surplus Land Act. In support of such determination, the City Council makes the following findings: a. Pursuant to Government Code section 54221(f)(1)(C), Parcels 1 and 2 are in exchange for other property necessary for the City's use; namely Parcels 1 and 2 are in exchange for parcels received from Caltrans consistent with the Project, and those parcels received from Caltrans are necessary for the implementation and delivery of the Project; and b. Pursuant to Government Code section 54221(f)(1)(D), Parcels 1 and 2 are to be transferred to a state agency, Caltrans, for the state agency's use as part of the Project; and c. Pursuant to Government Code section 54221(f)(1)(E), Parcels 1 and 2 are to be conveyed to Caltrans as owner of the properties adjacent to the parcels; and d. Pursuant to Government Code section 54221(f)(1)(B), Parcel 2 is approximately 833 square feet, which qualifies it for the exemption for parcels less than the 5,000 square feet. 3. The City Council directs staff to transmit a copy of this resolution to the state Department of Housing and Community Development (HCD). 4. If HCD does not contest the determination of Parcels 1 and 2 as exempt surplus land, the City Council of the City of Burlingame authorizes the Director of Public Works to execute a Quitclaim Deed, in the form attached hereto, to transfer Parcels 1 and 2 to Caltrans as part of and consistent with the US Highway 101/Broadway Interchange Reconstruction Project. ell, Ann O'Brien Keighran, Mayor I, Meaghan Hassel Shearer, 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 1 st day of November, 2021, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, O'BRIEN KEIGHRAN, ORTIZ NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Meagh a seI-Shearer, City Clerk