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HomeMy WebLinkAbout6.1 LeeAcquirePropertyorDU��j� CITY CLERK 82 \11 File # ❑G0©-210 AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 18, 2005 SUBJECT: PUBLIC HEARING: To Consider Adoption of a Resolution of Necessity to Condemn Real Property at 6457 Dublin Court (Lee) for Capital Improvement Program (CIP) Project No. 96852, Dougherty Road Improvements — Houston Place to I-580 Report Prepared by: Melissa Morton, Public Works Director ATTACHMENTS: 1) 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 Resolution (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, commonly known as 6457 Dublin Court (APN 941-0550-010-15), owned by Andrea G. Lee. The subject property is located along Dougherty Road southwest of the Dublin Boulevard and Dougherty Road intersection. The business occupying the property at that address is known as United Rentals. The City must acquire 4,464 square feet of land in fee from the Dougherty Road frontage of this site for the Dougherty Road Improvements project. In addition to the fee ownership acquisition, the City also needs to acquire an 895-square-foot temporary construction easement to facilitate construction of the COPY TO: Andrea G. Lee, Owner Page 1 of 2 ITEM NO. - Inj,- GAMISCPROE\Dougherty Rd Imp - Houston to I-580\Right of Way\United Rental - Lee\AS necessity - Lee.doc %/ ) V �/Q> projeet. Within the area of the proposed acquisition, the property is landseaped with shrubs and includes portions of an asphalt driveway and asphalt pavement. On July 6, 2004, the City Council adopted Resolution No. 130-04, approving a Mitigated Negative Declaration for the project in eompliance with the California Environmental Quality Aet. Before the City Council can consider adoption of a Resolution of Necessity, the City must submit a purchase offer to the property owners. The offer, required by Government Code Seetion 7267.2, must be based upon an approved appraisal. The City did have the property appraised and on May 5, 2005, tendered an offer to purchase the property for thc appraised value of $156,500. The City subsequently updated its appraisal - resulting in a new appraised value of $179,450 - and by letter dated September lA, 2005, offered this amount to Andrea G. Lee. To date, however, the City has been unable to negotiate a settlement. To adopt a Resolution ofNeeessity for tlle property, the City C,nlllcil must make the following findings: I) Whether the public interest and necessity require the project. The acquisition of a portion of APN 941-0550"010"15 will enable the City to proeeed with the project to widen the intersection 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 Dougherty Road alignments require that the subjeet property be acquired for the widening project. The improvements are eonsistent with the City's General Plan. The Dougherty Road Improvements- Houston Place to 1-580 Project was approved by the City Council after study and hearings on November 16, 2004, Resolution No. 222-04. The property to be aequired by the City will not displace any private parties. 3) Whether the property sought to be acquired is uecessary for the project. As previously stated, the widening of Dublin Boulevard and Dougherty Road requires tlle acquisition of the subject property. The project is necessary for the mitigation of increased traffic at this interseetion. 4) Whether the offer required by Government Code Section 7267.2 has been made. The offer has been made. The property owner, and the property owner alone, has the right to address the Council on all of these proposed findings. Others, such as the tenant, may wish to address the Council as well regarding the acquisition and issues related to it, such as goodwill, but their comments should not be eonsidered when making the findings that must be made to adopt the resolution. Adoption of the resolution of neeessity authorizes the City Attorney to institute an eminent domain action to acquire the property. The aetion will be filed promptly should the Council approve the resolution of nccessity. 'The resolution also authorizes an application for an order of possession of the propcrty, which is an order to allow the City to take possession of the property prior to final resolution of the lawsuit, for purposes of constructing the project. RECOMMENDATION: Staff recommends that the City Council conduct a public hearing, deliberate, and adopt the Resolution of Necessity by a 4/5 vote. Page 2 of2 \DbS RESOLUTION NO. -05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************************** DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS FOR THE 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 - ANDREA G. LEE, PROPERTY OWNER Assessor's Parcel No. 941-0550-010-15 WHEREAS, it is desirable and neeessary for the City of Dublin to acquire fee title and a temporary construction easement within certain real property, particularly deseribed in Exhibits "A" and "B," attached hereto and made a part hereofby reference, in order to eonstruet, widen and/or improve the intersection of Dublin Boulevard and Doughcrty Road (the "Project"); and WHEREAS, the City of Dublin is vestcd with the power of eminent domain to acquire real property for the Project by virtue of Article I, Section 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, 1240.110, 1240.120, 1240.510 and 1240.610 of the Code of Civil Proeedure ofthe State of California; and WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil Proeedure ofthe 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 Alameda County equalized assessment roll, 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) 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; (e) Whether the property sought to be acquired is necessary for the Projeet; (d) Whether the offer required by Government Code Section 7267.2 has been made to the owner(s) ofrecord. WHEREAS, pursuant to the provisions of Section 7267.2 of the Government Code ofthe State of California, the City of Dublin has made an offer to the owner or owners ofreeord to aequire the subject property for just compensation; and -:I: -\e.r"r, 1..0,' \0" I ~> 0 S"" ATTAUmNT I. 2CJb5 WHEREAS, the City of Dublin has satisfied the provisions of the California Environmental Quality Aet for the Projeet; NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows: I. The public interest and necessity require the Project for the acquisition of the fee simple and the temporary eonstruction easement in and through the above-identi fted pareel of land. 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 ofthe fee simple title in and to the real property more particularly described in said Exhibit "A" and Exhibit "B" is necessary for the Project. 4. The taking of the temporary eonstruction easement in and to the real property more partieularly described in said Exhibit "A" and Exhibit "B" is necessary for the Project. 5. The offer required by Section 7267.2 of the Government Code of tile State of California has been made to the owner or owners ofreeord of the real property. 6. The City Attorney of the City of Dublin or her duly authorized designee be, and she is hereby, authorized and directed to institute and eonduet to conclusion an action in eminent domain for the acquisition of the estates and interests aforesaid and to take such aetion as she may deem advisable or necessary in connection therewith. 7. 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 Couneil held on the 18th day of October, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\MISCPROJ\Dùughel'ty Rd Imp - H(1u!;õtnn to I-58ù\Right ùfWay\Unitcd Rcntal- I~~\kt=!it)lutiùn ùfNecessity - l.ec.DOC 2 " 3 rs'b '5 .... FEE ACQUISITION APN No. 941-0550-010-015 Exhibit "A" An that real property situate in the City of Dublin, County of Alameda, State of California, being a portion: of Parcel 1 described in that certain document recorded on February 4, 1993 in Document No. 93042092, Alameda County Records, more particularly described as.follows: BEGINNING at the southerly comer of Parcel A, an exception parcel rrom said Parcell, d.eseribed in said document; Thence along the general southwesterly line of said Parcel A, North 25°15'29" West, 28.82 feet to the TRUE POll'IT OF BEGINNING of this description; Thence leaving last said line, North 32°49'44" West, 280.74 feet to the southerly line of Parcel B, an exception paICel from said Parcell, described in said doeument; Thence along. last said line, South 88°46'58" East, 30.32 feet to the general southwesterly line of said Pareel A; Thence leaving said southerly line and along la,st said line the following two (2) courses: 1) South 32°48'00" East, 75.00 feet; 2) South 25° 15'29" East, 190.42 feet to the TRUE POll'IT OF BEGINNING of this description. Containing an ~a of 4,464 square feet, 0.10 acres, more or less. TOGETHER with a Temporary Construetion Easement, to tenninate upon completion of constroetion, for the purposes and incidents thereto over, under, across and upon a strip of land 8.00 feet in width, starting at the northerly line of said Parcel 1, southeasterly and parallel to the parcel described above for distance of 1.52 feet, thence a strip of land 3.00 feet in width, the northeasterly line of said strip lying contiguous to the southwesterly line of the' above descrihêd parcel and eitending southeasterly to the Calt¡ans Right of Way. . . A plat showing the above described parcel and temporary easement is attached hereto and made a part hereof as Exhibit "B". This deseription was prepared by me or under my direction in confonnance with the Professional Land Surveyors Act. Dated:fl..<.r Z.s:; ~¥ , ~ .-:;? -" ./'" ----:--? Bmy~LS 5797 Lieense Expires 6f30/2004 K..1MI.1aI2OO1\2001G0C2·10'UGH.\RENTAI..WORLC'.doc Exhibit "Au Page 1 of 1 mIBITA to {he 7?eæ/u:f:;;'o It " .", ~ í '" I o "', '" I ~ ..¡-' en Z D- o<; ~~':)' FEE ACQUISITION F BE RI GS \ 1FIE BEARING 1'1 32"48'00" WEST, THE MONUMENT ' UNE ON DOUGHERlY ROAD, BETWEEN FOUND MONUMENiS AS SHOWN ON THE MAP ENlITL£D \ "PARCEL MAP 1043" FILED FOR RECORD ON , SEPlEMSER 28, 1973 AND RECORDED IN BOOK 80 \ OF PARCEL MAPS AT PAGE 29, IS USED AS THE PARCEL 3 BASIS OF BEARINGS FOR THIS PLAT. EASEMENT FO\ DOC. NO. 93042092 ~ \ 'a APN - ASSESSOR PARCEL NUMBER t \ 0 OR - OFFICIAL RECORDS ~ P.O.B. - POINT OF BEGINNING' , ,.po ~ $q. ft. - SQUARE FEET ì \'é~1. , 7 l"- n I 1 ¡ , ,I .:¡;. 0> Z "- « pARCEL A EXCEPlION TO DOC. NO. 93042092 GRANT DEED TO , ST A iE OF CAUFORNIA AND RElEASE OF ABUTIERS RIGH"ffi REEL 1,327 IMAGE 66 (AW/1S7eS1) (\ ~~~~ ·~CV~ "1 ~ LANDS OF RENTAL WORLD INC. A SURRENDE:RED KANSAS CORPORAlION PARea: 1 DOC. NO. 9.3042092 APN; 941-0550-010-15 DETAIL "A" SCALE 1"-20' 1.52' <C '" J, o '" I :::;: 0> Ž '9;: -z,. 'à-. 'à> 1i-_ .~. 4 ~"I,.l'l POB .. >, V'~Bkf II ,IJ __Ira- 4780 CHAsaT DRIVE SUITE 104 . PLEASANTON, CA 94588 925-396-7700 925-.396-7799 (FAX) SÛb~~t EX\' DUI:¡!,I"IN BLVD. DVUlDIT 1:1 Job Na. ...lQ!; fJADJD ...JiJ.....!. By RL W tk 7(ewlui::lO-1 o CO 10 , Q) (J CO a.. c: o +-' en ::J o I o +-' en +-' c: Q) E Q) > o l- e. E "'C ro o a::: '. >. +-' ~ Q) .r:::. C) :J o o ,,;ï', I 'i, .' ~'J", ... ATTACHMENT g~ ::I <> g -' <> ~ ~ N <> ~ 'E :::¡ ~ .. U Gi ~ ~ <>. <>. i ,,~ . Q~ If !i ;II¡ if Ii J" il ~ r .