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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 1 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; 2 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. 3 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: J:\WPD\MNRSW\106\12\PLEAD\RESOLUT.SHE 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 Exp -"°P' -'A u Q o n p m = 3 m v m EXHIBIT E Order. 6850046 TOF• PSW SM Bk -Pg 29 - 12 Sht 1 of 1 1830 ASH 6r s