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HomeMy WebLinkAboutReso - CC - 025-1988RESOLUTION NO. 25-88 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DETERMINING THAT THE 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 an easement over, across, in, upon and under certain real property, particularly described in Exhibits "A" and "B", attached hereto and made a part hereof by reference, for the purpose of the construction of a leachate barrier, road improvements and shellfish habitat (the "Project"), and 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, Sections 37350.5 and 37353(a) of the Government Code of the State of California, and Sections 1240.050, 1240.110, 1240.120, 1240.125, 1240.150, and 1240.410 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 Council of the City of 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; and (c) Whether the property sought to be acquired is necessary for the Project; 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 existing concrete and earth rip -rap on the bay side of Airport Boulevard is subject to deterioration because of wave action and, in addition, is not constructed in such a manner as to prevent leachate from migrating from the municipal landfill site into the bay. There is, furthermore, no viable shellfish habitat in the Project area due to the leachate migration. The public interest and necessity require the acquisition of real property contiguous to Airport Boulevard for the Project; 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 for the reason that the property described in Exhibit "A is unimproved and partially submerged by bay waters and is in the closest proximity to the municipal landfill site that requires a leachate barrier. -2- 3. The taking of an easement over, across, in, upon and under the real property more particularly described in said Exhibit "A" is necessary for the Project for the reason that a leachate barrier, roadway improvements and a shellfish habitat can be constructed on said real property. 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 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; 6. 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. The foregoing Resolution was adopted at a regular meeting of the City Council of the City of Burlingame held on the 21st day of March, 1988, by the following vote: AYES: Councilpersons : AMSTRUP, BARTON, MANGINI, PAGLIARO -3- LEGAL DESCRIPTION OF AIRPORT BOULEVARD EASEMENT THROUGH LANDS OF IDEAL CEMENT CO. AIRPORT BOULEVARD REHABILITATION, BURLINGAME, CALIFORNIA All that certain real property situate in the City of Burlingame, County of San Mateo, State of California, described as follows. Beginning at a point on the South line of Parcel A-1, as said Parcel A-1 is designated on that certain Map entitled "RECORD OF SURVEY, Exhibit A of Settlement Agreement Embodied in Judgement Entered in Case of; State vs. San Mateo County, et al, San Mateo County Superior Court Action No. 144,257" which map was filed in the office of the Recorder of the County of San Mateo, State of California on July 28, 1977 in Volume 8 of Licensed Land Surveyors' Maps at Pages 76 through 88, said point of beginning being North 89' 04, 39" West 103.80 feet from the South- easterly corner of said Parcel A-1; thence from said described point of beginning North 89' 041 39" West 210.00 feet along the Southerly line of said Parcel A-1 to the Southwest corner of Section 7, Township 4 South, Range 4 West, Mt. Diablo Base and Meredian, which corner is also common to the Southeast corner of Section 12, Township 4 South, Range 5 West, Mt. Diablo Base and Meredian; thence along the Southerly line of said Parcel A-1 North 89' 211 26" West 2455.00 feet to a point; thence leaving said Southerly line of Parcel A-1 North 00' 381 34" East 50.00 feet to a point; thence North 87' 271 47" East 450.69 feet to a point; thence North 81' 101 50" East 304.14 feet to a point; thence along a line parallel to and distant 125.00 feet from the Southerly line of said Parcel A-1 South 89' 211 26" East 300.00 feet to a point; thence South 82' 131 56" East 201.56 feet to a point; thence along a line parallel to and distant 100.00 feet from the Southerly line of said Parcel A-1 South 89' 211 26" East 1205.00 feet to a point; thence South 63' 391 58" East 233.03 feet to said described point of beginning; containing 5.719 acres. The description herein is based on the California Coordinate System, Zone III. All bearings are grid bearings. All distances are grid distances. To obtain ground distance, multiply grid distance by scale factor of 1.0000672. EXHIBIT A YH111'1 & Associates Consulting Engineering and Planning 270 Beacon Street ❑ San Francisco, California 94131-263Q ❑ 4151641-9844 (Sheet 1 of 1) LEGAL DESCRIPTION OF PERMIT TO ENTER AND CONSTRUCT SHELLFISH HABITAT ON LANDS OF IDEAL CEMENT CO. AIRPORT BOULEVARD REHABILITATION, BURLINGAME, CALIFORNIA March 18, 1988 All that certain real property situate in the City of Burlingame, County of San Mateo, State of California, described as follows. Beginning at a point on the South line of Parcel A-1, as said Parcel A-1 is designated on that certain Map entitled "RECORD OF SURVEY, Exhibit A of Settlement Agreement Embodied in Judgement Entered in Case of: State vs. San Mateo County, at al, San Mateo County Superior Court Action No. 144,257" which map was filed in the office of the Recorder of the County of San Mateo, State of California on July 28, 1977 in Volume 8 of Licensed Land Surveyors' Maps at Pages 76 through 88, said point of beginning being North 89° 04' 39" West 103.80 feet from the South- easterly corner of said Parcel A-1; thence from said described point of beginning North 63° 39' 58" West 233.03 feet to a point; thence along a line parallel to and distant 100 feet from the Southerly line of said Parcel A-1 North 89° 21' 26" West 1205.00 feet to a point; thence North 82° 13' 56" West 201.56 feet to a point; thence along a line parallel to and distant 125.00 feet from the Southerly line of said Parcel A-1 North 89° 21' 26" West 300.00 feet to a point; thence South 81° 10' 50" West 304.14 feet to a point; thence South 87" 27' 47" West 450.69 feet to a point; thence North 00° 38' 34" East 20.00 feet to a point; thence North 87' 27' 47" East 450.69 feet to a point; thence North 79" 19' 58" East 305.94 feet to a point; thence South 87° 26' 53" East 300.17 feet to a point; thence South 82° 13' 56" East 201.56 feet to a point; thence along a line parallel to and distant 120.00 feet from the Southerly line of said Parcel A-1 South 89° 21' 26" East 1205.00 feet to a point; thence South 63° 39' 58" East 233.03 feet to a point; thence South 00° 38' 34" West 20.00 feet to said described point of beginning; containing 1.293 acres. The description herein is based on the California Coordinate System, Zone III. All bearings are grid bearings. All distances are grid distances. To obtain ground distance, multiply grid distance by scale factor of 1.0000672.