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HomeMy WebLinkAboutReso - CC - 124-1987RESOLUTION NO. 124-87 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGA14E 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 certain real property, particularly described in Exhibit "A", attached hereto and made a part hereof by reference, for the purpose of the construction of a public parking facility (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. Available public parking facilities in the Burlingame Avenue commercial area have become increasingly over -stressed over the last decade. During peak load hours, the existing short-term parking lots are filled to capacity. The public interest and necessity require the acquisition of real property in the Burlingame Avenue commercial area 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 it will provide public parking immediately south of the Burlingame Avenue commercial area, which is an area that has a deficiency of public parking spaces; and the property described in Exhibit "A" is adjacent to Parking Lot J, which is one of the most heavily used public parking facilities in the City of Burlingame. 3. The taking of the fee simple title in and to the real property more particularly described in said Exhibit "A" is -2- necessary for the Project for the reason that at least sixty (60) public parking spaces 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 16th day of November, 1987, by the following vote: AYES: Councilpersons AMSTRUP, BARTON, LEMBI, MANGINI, PAGLIARO NOES: Councilpersons NONE LEGAL DESCRIPTION CSt7 of 3urlinga ?AIM OftI1 Part1w of Lau 4, 14, 13, 16 and 17, block 3, and A prtiow of the ussuhdlwided Portion of block 3, as deafgneted oar the Map entitled "s7rnI cmArr MAP To MAP No. 1 Or T8, Tvim Or bORLDwAltt". which lap was filed is the Oflfte of the Recorder of the Cosnt7 of Ate late•, State of CAllfernfa OR August 10, 1903 in bock "S' of Mope, at pate 29. and A eep7 ,otcrad in took 3 of laps, at pate 71, wh particularly d AAari"d as follows DILDrNIJG At A point on the forthweterl7 11ne of Bowrd Avenue as Paid Northwesterly line we •stAbllshad 67 Deed to the City of Sarlingaau. dated rebruar7 3, 19I6 sod recerde4 Neve.ber 4, 1926 in book 274 Official Records of San Mates County, pate 89, diatent thereon 140 fear Northeasterly fro• the bortheasterly line of Primrose toedl thence nortbwetta07 and parallel with said Northeasterly 11" of Primroea Rud, I00 feet to a Point on the Rortbwstarly line of Lot 14 (distant tbereoo 140 feet Northeasterly fres the Noriheanterly line of Prinrose Road)l thence Nortbeaaterly along the Northeasterly line of Lot 14 and contiouin9 11609 the Northwesterly Rine of lot 4, 93.3 foot to a "hat. distant 73 feet Ssutbwwsterly froo the Soutbewttarly line of Park Roadl the"e Southuetarl7 and parallel with the Southvesterl7 line 6f Park Road) 200 fent to the Nacthvesterly line of Howard Avenue, u ►atnblishad by Dead to the Cit7 of burlingsA , dated Pabrunry 3, 1926 and rorarded November A. 1926 1n Sock 274 Off ictal Records of Sea Mateo County, page 901 tbonte Southwsttrl7 along the Morthweterly line of baward Aruna. as establlshwd by said Dowd and by Deed heretofore Aantl6eed, recorded in rook 274 Of fici.l Records of San Mateo County, pare 901 A distanns of 93.3 feat to the Point of SeLiming. PARCEL 7WOt An eaasarut for Ingress and •Stns over the following deecrited parc.lt BECINWIM at the coat Northerly corner of the htrainebove described parcel sad running thence along the Northve.terly line of lot 4, block 3 for a dint.". of 73 feat to the Southw sterly Ilse of Park road[ thence Southeasterly along said Soutbwnst.rly line of Park Road for a dig t►nce of 3.00 feet) thence Southeasterly and parallel witb eald Norilnnseterly line of said Lot 4 foo a dlstaoea of 70 feet{ thence Southeasterly and Parallel with the Southeasterly line of Park Road for a distance of 43 feetf thence Southeaatarly And parallel Pith the Monhwc sterly line of Lot 4 for a distance of 3.00 fast to the Northeasterly line of hereimhovt deserlbsd parcely thence Northwesterly along Paid Northeasterly line for a distance of 30 feet to the Point of Satinaint. Doing the Paeaant rooerved in Deed from Run, stAl, to Llndenbao,p wtal. recorded Docessber 31, 1931 in Zook 2179 Official Records of San Mateo County. page 379 (79202 3). EXHIBIT A