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.
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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
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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.