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Home My WebLink About6.3 SinghsPropertyAcquisite„ICITY CLERK File # ❑4ild-Za AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 16, 2005 SUBJECT: PUBLIC HEARING: To Consider Adoption of an Amended Resolution of Necessity to Condemn Real Property at 6400 Dublin Boulevard (Singhs) for Capital Improvement Program (CIP) Project No. 96852, Dougherty Road Improvements — Houston Place to I-580 Report Prepared by: Melissa Morton, Director of Public Works ATTACHMENTS: 1) Amended Resolution of Necessity, with Exhibits 2) Location Map RECOMMENDATION: 1) Open Public Hearing 2) Receive Staff Presentation 3) Receive public comment 4) Close Public Hearing 5) Deliberate 6) Adopt the Amended Resolution of Necessity (requires 4/5 affirmative vote to pass) FINANCIAL STATEMENT: Costs of the land acquisition are being paid for with Eastern Dublin Traffic Impact Fees. DESCRIPTION: The City of Dublin seeks to widen and improve Dublin Boulevard and Dougherty Road at the intersection of these two major arterial streets as part of CIP Project No. 96852, Dougherty Road Improvements — Houston Place to I-580. In order to accomplish this goal, it is necessary for the City to acquire a portion of a parcel addressed as 6400 Dublin Boulevard, as well as 5863 Dougherty Road (APN 941-0550-009-11), owned by Tejindar P. and Rajinder K. Singh ("Singhs"). The subject property is located at the southwest corner of the Dublin Boulevard and Dougherty Road intersection. The Singhs are currently operating a 76 Gas Station on this site. The City must acquire 5,480 square feet of land in fee from the Dublin Boulevard and Dougherty Road frontages of this site for the Dougherty Road Improvements Project. In addition to the fee ownership acquisition, the City must also acquire a 1,967 square -foot temporary construction easement to facilitate construction of the project. Within the area of the proposed acquisition, the property is landscaped with grass and groundcover and includes portions of asphalt driveways and paving. COPIES TO: Tejindar & Rajinder Singh Kevin Lally, Attorney at Law ITEM NO. &,43 G:\MISCPROJ\Dougherty Rd Imp - Houston to I-580\Right of Way\Singh\AS necessity - Singh 8-16-05.DOC 14- Iri- (k) On July 6, 2004, the City Council adoptcd Rcsolution No. 130-04, approving a Mitigated Ncgative Declaration for the project in compliance with the Califonlia Environmental Quality Act. Before the City Council can consider adoption of a Resolution of Ncccssity, the City must submit a purchase offer to thc property owners. The offer, requircd by Governmcnt Code Section 7267.2, must be based upon an approvcd appraisal. The City did havc the propcrty appraised, and on April 7, 2005, tendered an offer to purchasc the property for the appraised valuc of $456,000. The City subsequently updated its appraisal - resulting in a new appraised valuc of $530,500 - and by letter dated June 10, 2005, o.ffered this amount to the Singhs. To date, however, thc City has been unable to negotiate a settlement with the Singhs. To adopt a Resolution of Necessity for the Singh property, the City Council must makc the following findings: I) Whether the public interest and necessity require the project. The acquisition of a portion of APN 941-0550-009-11 will enablc thc City to proceed with the project to widen the intcrscction of Dublin Boulevard and Dougherty Road. 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. The Dublin Boulevard and Doughcrty Road alignments require that the subject property be acquircd for the widening project. The improvements are consistent with the City's Gencral Plan. This widening project for Dublin Boulevard and Doughcrty Road was approved by the City Council after study and hearings On November 16, 2004, Rcsolution No. 222-04. The property to be acquircd by the City will not displace any private partics. 3) Whether the property sought to be acquired is necessary for the project. As prcviously stated, the widening of Dublin Boulevard and Dougherty Road requires thc acquisition of the subjcct property. The project is necessary for the mitigation of increased traffic at this intcrseetion. 4) Whether the offer required by Government Code Section 7267.2 has been made. Thc offcr has been made. The property owner, and thc property owner alone, has the right to address thc Council on aU of these proposed findings. At the Junc 21, 2005, meeting, the Singhs' legal counsel raised several concenlS with the proposed Rcsolution of Necessity. The City did adopt the Resolution of Necessity (Resolution No. 133-05.) Ncvertheless, following the hearing, Staff made efforts to address these concenls. Staffs report is as follows: (1) Why the City Needs to Acquire an Additional Portion of the Subject Property? Response: Mr. Singh's counsel questioned why the City nccds to acquire additional property, given that thc 1995 Site Development Review Approval for the 6400 Dublin Boulevard property required the owner to dedicate a 20-foot wide strip for Dublin Boulevard. Growth in Eastern Dublin, including the number of approvcd developments in Eastenl Dublin, has in large part necessitated that Dublin Boulevard be widened and improved, and that the Duhlin Boulevard~Dougherty Road Intersection bc improvcd to accommodate this growth. (2) The Amount of Land to be Acquired From Mr. Singh's Property as Compared to Proper(y Across the Street. -2ÞbI.f Response: Mr. Singh's counsel suggested that therc is a discrcpancy in thc right-of-way takc along Dublin Boulcvard where more land seems to be taken from his client's property than thc property across thc street at 6401 Dublin Boulevard. Staff has studied the ultimatc intcrscction alignmcnt and considcrcd the impacts to adjacent properties during the preliminary enginccring phasc and thc cnvironmCl1tal rcvicw phase. Based upon thcse studics, Staff believes the proposed alignment is the alignment that is planned or locatcd in the manner that will be most compatible with the greatest public good and the least privatc mJury. (3) Legal Adequacy of the City's Written Offer to Purchase the Property. Response: Prior to adopting a resolution of necessity, a public cntity must make a writtcn offer to the owner which complies with Governmcnt Codc scction 7267.2. Mr. Singh's counsel suggested that the City did not providc sufficient specificity in its written o.ffer relating to the question of "severance damagcs." While the City's legal counsel disagrees with this contention, the City has sent a revised offer to Mr. Singh which provides the information requcsted by Mr. Singh. (4) The Project's Impact on the Current Service Station Operations. Rcsponsc: Mr. Singh's counsel raised the question as to whether the new right-of-way line would be too closc to the underground fuel tank, and thereby render the service station operation as being in violation of the City's applicable regulations. Staff has reviewed the building plans for thc currcnt station, including the location of the underground tank. Undcr thc currcnt 2001 California Firc Code (Scction 7902.6.3), the tank must bc set back a minimum of three (3) feet from the right-of-way line. AÌer the project is constructed, the tank will still be in compliance with this requirement. (5) Truck Access. Response: Mr. Singh's counsel also questioned the ability of trucks to access the site after the project is constructed. Staff used a truck turning template to evaluate truck tuming movements on the ultimate site plan. Staff determined that truck access will be maintained within the gas station without impacting the new sidewalk and/or roadway. However, any future remodeling at the Singh propcrty, including but not limited to the underground tank repair or replacemcnt, willlikcly not bc in compliance to cxisting safcty, building and zoning codes. To the extent this factor affects the value of the property, the owner may seek monetary compcnsation from the City. For purposes of (his hearing, however, compensation issues are not rclcvant to the proposed findings in the Resolution of Necessity. (5) Vehicle Stacking. Response: Mr. Singh's counsel raised a concern as to the amount of vehicle "stacking" that could take placc aftcr the project is constructed. Staff will work with Mr. Singh to address this concem. If the projcct negatively impacts vehicle stacking, the owner would have a right to seek monetary compensation for the loss. Again, however, the question of compensation is not pertinent to the proposed findings in thc Resolution of Necessity. (6) The Term of the Proposed Temporary Constmction Easement. Response: Mr. Singh's attomey raised an additional concern relating to the term of the proposed temporary construction easement (TCE) along the property fronting 6400 Dublin Boulevard. This TCE will be necessary to complete the improvements proposed within thc public right-of-way. The proposcd TCE is for a tcrm of 16 months, and starts from the date the City first takes possession of the property. During construction, Staff will work with the contractor to maintain access to the station at all times to minimi:æ any impacts to the business. The need to maintain driveway access during construction will bc includcd in the project specifications document. Although the City has alrcady adoptcd a Rcsolution of Nccessity (Rcsolution No. 133-05), the proposcd Amended Resolution of Ncccssity is intcndcd to give the City Council the opportunity to considcr thc above points. The Amcnded Resolution of Ncccssity is otherwisc identical to the original Rcsolution of Necessity on all other respects. -3~t Adoption of the Amended Resolution of Neccssity authorizcs thc City Attorncy to institute an eminent domain action to acquire the property. The action will be filed promptly should the Council approve the Amended Resolution of Necessity. Thc Al1lcndcd Rcsolution also authorizcs an application for an order of possession of thc propcrty, which is an order to allow the City to take possession of the property prior to final resolution ofthc lawsuit, for purposes of constructing the project. RECOMMENDATION: Staff recommends that thc City Council conduct a public hearing, close the public hearing, deliberate, and adopt the Amcnded Resolution orNecessity (requires 4/5 affirmative vote to pass). -4-ðb'i 1f7b7 RESOLUTION NO. -05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************************** AMENDING RESOLUTION NO. 133-05 DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FlLING OF EMINENT DOMAIN PROCEEDINGS FOR TilE CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT No. 96852, DOUGHERTY ROAD IMPROVEMENTS - HOUSTON PLACE TO 1-580; WITH SCARLETT COURT ACCESS TO DUBLIN BOULEVARD LIMITED TO RIGHT TURN OUT ONLY AND RIGHT TURN FROM DUBLIN BOULEVARD TO SCARLETT COURT ELIMINATED - TEJINDAR P. AND RAJINDAR K. SINGH, PROPERTY OWNERS Assessor's Parcel No. 941-0550-009-11 WHEREAS, it is desirable and neccssary for thc City of Dublin to acquire fee title and a tcmporary construction easement within certain real property, particularly described in Exhibit "A," and as shown on Exhibit "B," attached hercto and madc a part hereof by reference, in order to construct, widen and/or improve the intersection of Dublin Boulevard and Dougherty Road (the "Project"); and WHEREAS, the City of Dublin is vested with the power of eminent domain to acquire real property for the Project by virtuc of Articlc I, Scction 19, of the Constitution of the State of California, Government Code Sections 37350.5, 37353(a), and 40404, and Sections 1240.010, 1240.020, 1240.030, 1240.040,1240.050, l240.ll0, and 1240.120 of the Code of Civil Proccdurc of the State of Cali fomi a; and WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil Procedurc ofthc State of Cali fomi a, notice has heen duly given to a1l pcrsons whosc property is to be acquired by eminent domain and whosc namcs and addresses appear on the last Alameda County equalized assessment ro1l, all of whom have been given a reasonable opportunity to appear and be heard before the City of Dublin on the following matters: (a) Whether the public interest and necessity require the Project; (b) Whcthcr thc Project is planned or located in the manner that wi1l be most compatible with the greatest public good and the least privatc injury; (c) Whether the property sought to bc acquired is necessary for the Project; (d) Whether the offerrequired by Government Code Section 7267.2 has been made to the owner(s) of record. WHEREAS, pursuant to the provisions of Scction 7267.2 of the Govemment Code ofthe State of California, the City of Dublin has madc an offer to the owner or owners ofrecord to acquire the subjcct property for just compcnsation; ~ _ II/;) -0 5' &> ,3 ATTAUlDlENT l ~~7 WHEREAS, the City of Dublin has satisfied the provisions of the California Environmental Quality Act for the Project; WHEREAS, on Junc 21, 2005, the City Council for the City of Dublin adopted Resolution No. 133-05 ("Resolution of Necessity") directing the filing of emincnt domain proceedings; and WHEREAS, this Amended Rcsolution of Necessity is intended to supplement the original Resolution of Ncccssity (Rcsolution No. 133-05) after the City Council has considered additional information rclating to the findings made in the original Resolution; NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows: 1. The public interest and necessity require the Project for the acquisition of the fee simple and the temporary construction easement in and through the abovc-identified parcel ofland. 2. Thc Projcct is planned and located in the manner which will be most compatible with the grcatest public good and the least private injury. 3. The taking of the fee simple title and the temporary construction easement in and to thc real property more particularly described in said Exhibit "A" and shown on said Exhibit "B" is necessary for the Project. 4. The offer rcquircd by Section 7267.2 of the Govemment Code ofthe State ofCalilornia has bccn madc to the owner or owners ofrecord ofthe real property. 5. The City Attorney of the City of Dublin or hcr duly authorized designee be, and she is hercby, authorizcd and directed to institute and conduct to conclusion an action in emincnt domain for the acquisition of the estates and interests aforesaid and to take such action as she may deem advisable or necessary in connection thcrcwith. 6. An order for prejudgment possession may be obtained in said action and a warrant issued to the State Treasury Condenmation Fund, in the amount determincd 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 ofthc City Council held on the 16th day of August, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 2 ~1J7 Mayor ATTEST: City Clerk G:\MlSCfJROJ\Doughcrty Rd Imp - Houston to 1-.580\Right of Way\singþ\Ke!:iùlution of Nt=Cessily - Singh 8~16-o5.DOC 3 ~1 FEE ACQUISITION APNNo.941-0550-009-11 Exhibit "A" All that real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of Parcel 1 and 2 described in that certain document recorded on August 1,1994 in Document No, 94268159, Alameda County Records, more particularly described as follows: BEGINNING at the southeaBterly corner of said Parcel 2, also being the southwesterly corner of the parcel described in that certain document entitled "Right of Way Deed for Dougherty Road, CiJ:y of DubUn, California" recorded on March 22, 1996 in Document Series No. 96072188, said county records; Thence along the southerly line of said Parcel 2, North 88°46'58" West 20.67 feet; Thence leaving said southerly line, North 32"49' 44" West 120.88 feet to the beginning of a curve to the left having a radius of 42.00 feet; Thence along said curve, through a central angle of 89"25' 13", for an arc length of 65.55 feet; Thence South 57"45'03" Wcst 139.14 fcct to the westerly Une of said Parcell; Thcnce along said line, the following two (2) courses: 1. North 01°13'02" East 10.26 feet to the beginning of a curve, to the right, having a radius of 50_00 feet; 2, Along said curve, through a central angle of 0°56'01", an arc length of 0.81 feet to the southeasterly line of the parcel described in that certain document entitled "I:trevocable Offer to Dedicate Real Property" recorded on March 22, 1996 in Document Series No. 96072189, said county records Thence leaving said westerly line and along last said Une, North 55°16'51" East 164,64 feet to the 'northerly line of the parcel described in said Document No. 96072188; Thence leaving said southeasterly line and along last said line, South 88°15'43" East 24.13 feet to the westerly line of last said parcel, being the beginning of a non-tangeot curve to the right having a radius of 176.00 feet, to which point a radial line bears North 40°38'15" East; Exhibit "A" Page 1 of2 ~ITAo~ 6'tJ7 Thence leaving last said northerly line, and along last said line thc following two (2) courses: 1) Southeasterly along said curve, through a central angle of 16°33'45", an arc length of 50.88 feet; 2) South 32°48'00" East 126.59 fect to the POINT OF BEGINNING. Containing an area of 5,480 square feet, 0.13 acres, more or less. TOGETHER with a Temporary Construction Easement, to terminate upon completion of construction, for the purposes and incidents thereto over, under, across and upon a strip of land 8 feet in width, beginning at the southerly.line of said Parcel 2, northwesterly and parallel to the parcel described above for a distance of 118.60 feet, thence a strip of land 5.00 feet in width and parallel to the parccl described above, across said Parcell, the northeasterly, nOltherly and northwesterly line of said strip lying contiguous to the southwestcrly, southerly and southeasterly line of the above described parcel and bounded on the southeast by the southerly line of said Parcel 2 and on the wcst by the westerly line of said Parcel L A plat showing the above described parcel and temporary easement is attached hereto and made a part hereof as Exhibit "B", This description was prepared by me or under my direction in conformanœ with the Professional Land Surveyors Act. f Dated;;n.....uA1 2? ~;r' " ~ 4?'____ Billy M n, LS 5797 license Expires 6/3012006 K;\MlliI1\2{101\2Q01~-\o\LffiAl\WËLlS-_~ARGOj:J_bm.00<: Exhibit "A" Page 2 of 2 , /' z o J= ëi5 - => o () « lL W lL. 8J êj m ¡::; :::¡¡ 0 :0 z" :0 ~ ¡¡j~ ~ Oz ° o ~ ðf-o Z a.l.UUJ>- W "'If"'f- '~!5"" <z W ~o~¡SUJ --.J W f-«a.2i (¡)3:::J::E~ v>oow¡;j <a....(f)....... r 1 I I z ·..JIJ a...Wo¡::;. . «0 ,0 c.: ¡r'-: I~ f<,.~-0 ~~/.S> 'QOoJ f.0~*\!" 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"R" DUaLlN BLVD.-DC ÐVDlDIT "R Job No. _200160 ÐAIIID ....1..l:- By BL__~ D -;0 . SHE t.O -tt..e 1\ e£oldlO'1 "J ,,) &0 , - o ..... Q) (). (tJ a.. c: o ..... UJ ::::J o J: UJ ..... c: 'U E Q) > o ~ Co E "'C (tJ o a:: >- ..... ~ Q) .r:::. C) ::::J o o ~ gJ :'\ " ~ ~ " ( " ~ 'f' :::; 1:: !t! .. .. f i "II ,~; . J ~~ 1 .! t' r· f _, .lIj If 11 I II ~ ATTA_T Z.