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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 130-003 -1- 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. 130-003 -3- 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. 130-003 -4- EZ 2- 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. EX.HICIT,A \62 „ ?7• J0 OY �O �° / z 6 ' �' Nq 0RI;v 144 SF 04 • rI R = 16' ,�° �= 90' 23' 00' IV L=25.24' ko O ti „O 4v ^� O hh N I'�10' 6-2L-85 (f �'r% KAVANAGH ENGINEERING RCE bUuAO,M AVE- GN 2711 16H Zoase WEST CORNER BUALI�.GAu E. CA i101d 27,1 EXHIBIT A CALIFORNIA DR. & BROADWAY