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
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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