HomeMy WebLinkAboutReso - CC - 026-1990RESOLUTION NO. 26-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE
THE ACQUISITION OF CERTAIN LANDS AND DIRECTING THE FILING
OF EMINENT DOMAIN PROCEEDINGS BY THE CITY OF BURLINGAME
RESOLVED, by the City Council of the City of Burlingame,
San Mateo County, California, that:
WHEREAS, it is necessary and desirable for the City of
Burlingame to acquire certain real property interests for road
widening purposes as described in Exhibit "A" attached hereto
and by this reference made a part hereof, and
WHEREAS, notice has been properly given as required by
and according to the provisions of Section 1245.235 of the Code
of Civil Procedure of the State of California and now comes the
hearing at which all persons whose property is to be acquired by
eminent domain and whose names and addresses appear on the last
equalized county assessment roll have heretofore before the City
Council of the City of Burlingame, been given a reasonable
opportunity to appear and be heard on the following matters:
(a) The public interest and necessity require the
acquisition for road widening purposes,
(b) The acquisition is planned and located in the
manner that will be most compatible with the greatest
public good and the least private injury,
(c) The property sought to be acquired is necessary
for the aforesaid improvement, and
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WHEREAS, the City of Burlingame is vested with the power
to acquire real property by eminent domain by virtue of Section
1240.010, et seq. the Code of Civil Procedure of the State of
California.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The public interest and necessity require the
acquisition and construction of the aforesaid improvement upon
the property more particularly described in Exhibit "A", and the
taking of said property is necessary for said improvement.
2. Said proposed acquisition and improvement are planned
and located in the manner which will be most compatible with the
greatest public good and the least private injury.
3. That the offer required by Section 7267.2 of the
Government Code has been made to the owners of record.
4. The property sought to be acquired and described this
Resolution is necessary for road widening purposes.
5. In compliance with Government Code Section 7267.2, an
offer has been made to purchase the property for an amount equal
to just compensation.
6. That the real property hereinafter referred to and
required for road widening purposes is situate in the City of
Burlingame, County of San Mateo, State of California.
7. The law firm of WILSON MORTON & ADAMS, attorneys for
said City of Burlingame be, and they are hereby, directed to
institute and conduct to conclusion an action in eminent domain
130-003 -2-
for the acquisition of the estates and interests aforesaid and
to take such action as is necessary therein, and said law firm
of WILSON MORTON & ADAMS shall be paid a reasonable fee
therefor.
8. An order for prejudgment possession be obtained in
said action, and that a warrant be issued to the State Treasurer
in the amount determined by the Court to be so deposited, as a
condition to the right of immediate possession.
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I hereby certify that the foregoing is a full, true and
correct copy of a resolution duly and regularly adopted by the
City Council of the City of Burlingame, San Mateo County,
California, at a meeting thereof duly held on the 21st day of
February, 1990, by the following vote:
AYES, and in favor thereof, Councilmember: BARTON, HARRISON,
LEMBI, O'MAHONY, PAGLIARO
NOES, Councilmember: NONE
ABSENT, Councilmember: NONE
BurlingameMayor, City of
APPROVED: February 21, 1990
Ci Clerk, City of Bu g.
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WEST CORNER
CALIFORNIA DR. & BROADWAY
A portion of Lot 1 Block 14 as shown on "Map of Burlingame Grove"
filed July 14, 1906 in Book 4 of Maps at page 46, San Mateo
County Records, said portion being more particularly described as
follows:
Beginning at the most easterly corner of said Lot 1, said corner
also being the southwesterly corner of California Dr., formerly
San Mateo Ave, and Broadway, formerly Suri Buri Ave.; thence
along the southwesterly line of Broadway S 33' 30' 40" W
42.67'; thence N 27' 55' 30" E 26.33'; thence along a curve to
the left with radius 16', a central angle of 90' 23' 00", an arc
length 25.24' to a point on the southwesterly line of
California Dr.; thence along said southwesterly line
S 62' 27' 30" E 20.26' to the point of beginning.
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EXHIBIT A CALIFORNIA DR. & BROADWAY