HomeMy WebLinkAboutReso - CC - 097-1996RESOLUTION NO. 97-96
THE CITY OF BURLINGAME DETERMINING THAT PUBLIC
INTEREST AND NECESSITY REQUIRE THE ACQUISITION
OF CERTAIN LAND AND DIRECTING THE FILING
OF EMINENT DOMAIN PROCEEDINGS
IT IS 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
interests in certain real property, particularly described in Exhibit "A" and depicted in
Exhibit " B," attached hereto and made a part hereof by reference, in order to
construct a public parking facility;
WHEREAS, the City of Burlingame is vested with the power of eminent
domain to acquire real property by virtue of Article 1, Section 19, of -the Constitution
of the State of California, and Sections 1240.050, 1240.110, 1240.120, 1240.125,
1240.150, 1240.240, 1240.410 and 1240.610 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 of
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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 to purchase required by Government
Code Section 7267.2 has been submitted to the owner or
owners of record of the real property.
WHEREAS, pursuant to the provisions of Section 7267.2 of the Government
Code of the State of California, the City of Burlingame has made an offer to the
owner or owners of record to acquire the subject property for just compensation;
NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as
follows:
1. The public interest and necessity require the Project which is the
construction of a public parking 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 interests sought to be acquired are necessary for the
project;
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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 City Council finds that the acquisition of said real property
for the purpose of construction of a small parking lot to serve existing commercial
uses is categorically exempt from CEQA pursuant to Section 15311(b) of the CEQA
Guidelines;
6. The City Attorney of the City of Burlingame or his duly authorized
designee be, and he 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 he 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.
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The foregoing Resolution was adopted at a regular meeting of the City Council
of the City of Burlingame held on the 16th day of December, 1996, by the following
vote:
AYES: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI
NOES: NONE
ABSENT: NONE
poaaz.;. n 0
Mayor
ATTEST:
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n
AS TO FORM:
N. F. COLEMAN
..Attorney
City of Burlingame
Portion of Lot Lettered "N", Block 11, as designated on the Map entitled "Map No. 2 of
the Properly of the Burlingame Land Company, San Mateo County, California", which trap
was filed in the Office of the Recorder of the County of San Mateo, State of California, on
February 20, 1905 in Book "D" of Original ?gaps at Page 38 and a copy entered in Book 3
of Maps, at Page 55, described as:
BEGINNING at a point on the Northeasterly line of the Courcy Road, distant thereon 161
feet Southeasterly from the point of intersection the, of the Southeasterly line of
Chapin Avenue as said Road and Avenue appear on the soap above referred to, said point
of commencement also being the most Southerly corner of that certain Parcel of Land as
conveyed by the Burlingame Land Company, a corporation, to Mary H. Rising by Deed
dated April 22, 1908 and recorded April 30, 1908 in Book 148 of Deeds at Page 353;
thence Northeasterly on and along the Southeasterly boundary of the lands so conveyed to
Rising 120 feet, more or less, to the Northeasterly boundry of said Lot Lettered "N";
thence Southeasterly on and along said Northeasterly boundary line 51.91 feet to the
Southeasterly boundary line of said Lot Lettered "N"; thence Southwesterly on and along
said Southeasterly boundary line 112 feet, 4 inches to the Northeasterly line of aforesaid
County Road; thence Northwesterly on and along said Northeasterly line of said County
Road 50 feet to the point of beginning.
County Road above mentioned is now know as El Camino Real.
APN 029-122-360
JPN 029-012-122-36A
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EXHIBIT E
Order. 6850046 TOF• PSW SM Bk -Pg 29 - 12 Sht 1 of 1 1830 ASH
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