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HomeMy WebLinkAboutReso 70-19 Resolution of Necessity Require the Acquisition of Real Property Located at 7884 Dublin Boulevard for St. Patrick Way Extension RESOLUTION NO. 70 — 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 7884 DUBLIN BOULEVARD, (APN 941-1400-44-2) FOR THE CONSTRUCTION OF THE SAINT PATRICK WAY EXTENSION PROJECT PROPERTY OWNER: PK II DUBLIN RETAIL CENTER LP PROPERTY LOCATION: 7884 DUBLIN BOULEVARD ASSESSOR'S PARCEL NO.: 941-1400-44-2 (PORTION) WHEREAS, in order to construct the Saint Patrick Way Extension ("Project"), the City of Dublin is vested with the power of eminent domain to acquire real property for the Project by virtue of Article 1, Section 19 of the Constitution of the State of California, California Code of Civil Procedure sections 120.010-1240.050, 1240.110 and 1240.120; California Government Code sections 37350.5, 27535, 39792, 40401, and 40404; and Streets and Highways Code section 10102; and WHEREAS, it is desirable and necessary for the Project to acquire two parcels from the property located at 7884 Dublin Boulevard (the "Property") to extend Saint Patrick Way to Regional Street in order to more efficiently move vehicular, pedestrian, and bicycle traffic east-west through the Transit-Oriented District and to construct a two-lane roadway with parking, landscaping, and sidewalks; and WHEREAS, the property interests to be acquired are located in Assessor's Parcel Number 941-1400-44-2 (Portion), Dublin, California, and are more particularly described and depicted collectively in Exhibits A and B attached hereto which is incorporated herein by this reference; and WHEREAS, pursuant to Code of Civil Procedure section 1245.235, the City provided the owner of the Property a copy of the "Notice of intent to Adopt a Resolution of Necessity" informing it of the date and time any interested person can be heard before the Council on the following matters and to have the Council consider testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity to commence eminent domain proceedings: (a) Whether the public interest and necessity require the Project; and (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; and (d) Whether the offer required by Government Code section 7267.2 has been made to the owner of record; and WHEREAS, the property owner of record was given the opportunity to meet with Staff and to discuss any issues of design; and Reso 70-19, Adopted 6/18/2019, Item 6.1 Page 1 of 3 WHEREAS, the requirements for appraisal and offer, pursuant to Government Code section 7267.1 and 7267.2 has been mailed to the title holder PK II Dublin Retail Center LP, and reasonable efforts made by the City to conclude negotiations in accordance with the requirements of Government Code section 7267.2; and WHEREAS, the Council is satisfied that the requirements of the California Environmental Quality Act ("CEQA") have been met, and public notice has been given in the form provided by law as part of the various approvals for the Project, and members of the public have been given extensive opportunity for public review and comment; and WHEREAS, the Council considered this matter as an item placed on its agenda at its regular meeting on June 18, 2019; and WHEREAS, the finding and conclusions made by the Council pursuant to this Resolution are based upon substantial evidence in the entire record before the Council, and are not based solely on the information provided in this Resolution; and WHEREAS, prior to taking action, the Council has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including each of the Project- related documents relevant to the adoption of this Resolution, including but not limited to the prior environmental review documents for the Project, and all oral and written evidence presented to it during all meetings and hearings; and WHEREAS, the Council has duly considered all pertinent information presented to it on the issue before it, and specifically whether: (1) the public interest and necessity require the Project; (2) 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; (3) whether the property sought to be acquired is necessary for the Project; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin has found, determined and ordered as follows: 1. The public interest and necessity require the extension of Saint Patrick Way for traffic circulation, specifically to more efficiently move vehicular, pedestrian, and bicycle traffic east-west through the Transit-Oriented District. 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. 3. The taking of the Property more particularly descried in Exhibits A and B is necessary for the Project. 4. The offer required by Government Code section 7267.2 has been made to each of the persons known to the City to claim an interest in the Property as listed in the last equalized roll and specifically to PK II Dublin Retail Center LP, as record owner. Reso 70-19, Adopted 6/18/2019, Item 6.1 Page 2 of 3 5. Special Counsel, Meyers, Nave, Riback, Silver & Wilson, is hereby authorized, empowered, and directed to acquire in the name of the City of Dubin, by condemnation, the Property, in accordance with the provisions of the Eminent Domain Law, the Code of Civil Procedure and the Constitution of California; to prepare, prosecute and conduct to conclusion in the name of the City of Dublin such proceedings in the proper courts as are necessary for such acquisition and to take such action as may be deemed advisable to necessary in connection therewith; and to deposit the probable amount of just compensation based on the City's approved appraisal. 6. An order for prejudgment possession may be obtained in said action and a warrant issued to the State Treasury Condemnation Deposits Fund, in the amount determined by the Court to be so deposited, as a condition to the right of immediate possession and use the Property for said public uses and purposes. 7. Notice and reasonable opportunity to appear and be heard on June 18, 2019, on the matters enumerated in the Code of Civil Procedure section 1240.030 has been given to each of the persons whose name and address appears on the County's last equalized roll and specifically to PK II Dublin Retail Center LP. PASSED, APPROVED AND ADOPTED this 18th day of June, 2019, by the following vote: AYES: Councilmembers Goel, Hernandez, Josey, Kumagai, and Mayor Haubert NOES: ABSENT: ABSTAIN: 17,91 Cvf- ,�a Mayor ATTEST:' ( ;4,4. " City lerk • Reso 70-19, Adopted 6/18/2019, Item 6.1 Page 3 of 3