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HomeMy WebLinkAbout6.2 LangeAcquireProperty�<,4CITY CLERK 82 File # ❑Gr7©-Jd 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 6500 Dublin Boulevard (Lange et al) 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 6500 Dublin Boulevard (APN 941-0205-036), owned by James & Elinor Lange, Susan Plisskin, Lawrence Plisskin, Steven & Judith Goldman, and Green Bear, LLC. The subject property is located on Dublin Boulevard west of the Dublin Boulevard and Dougherty Road intersection. The two buildings situated on the property at that address is known as Dublin Station, and is occupied by multiple business tenants. COPIES TO: James & Elinor Lange, Susan Plisskin, Lawrence Plisskin, Steven & Judith Goldman, Green Bear, Agent for Process: Kaar A. Field Page 1 of 3 ITEM NO. - 6;-2d. G:\MISCPROJ\Dougherty Rd Imp - Houston to I-580\Right of Way\Dublin Station - Lange et al\AS necessity - lange et al.doc - f �' The City must acquire 9,594 square feet ofland in fec from the Dublin Boulevard frontagc ofthis site for the Dougherty Road Improvements project. In addition to the fee ownership acquisition, the City also needs to acquire a 2,093-square-foot temporary construction easement to facilitate construction of the project. Within the area of the proposed acquisition, the property is landscaped with shn¡bs and trees and includes portions of an asphalt driveway and parking lot. On July 6, 2004, the City Council adopted Resolution No. 130~04, approving a Mitigated Negative Declaration for the project in compliance with the CaliIomia Environmental Quality Act. Bcforc 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 Scction 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 the appraised value of $740,500. The City subsequently updated its appraisal - resulting in a new appraised value of $986,500 - and by letter dated September 15,2005, offered this amount to the owners of the property. The City is currently negotiating a settlement with the property owners. To adopt a Resolution ofNccessity for the property, the City Council must make the following findings: I) Whether the public interest and necessity require the project. The acquisition of a portion of APN 941-0205-036 will enable thc City to proceed 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 gQod and the least private injury. The alignments of Dublin Boulevard and Dougherty Road require that the subject property be acquired for the widening project. The improvements are consistent 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 acquired by the City will not displace any private parties. 3) Whether the property sought to be acquired is necessary for the project. As previously stated, the widening of Dublin Boulevard and Dougherty Road requires the acquisition of the subject property. The project is necessary for the mitigation of increased traffic at this intersection. 4) Whether the offer required by Government Code Section 7267.2 has been made. The offer has been made. The property owners, and the property owners alone, have the right to address the Council on all of these proposed findings. Others, such as tenants, may wish to address the Council as well regarding the acquisition and issues relatcd to it, such as goodwill, but these comments should not be considered when making the findings that must be made to adopt the resolution. Adoption of the resolution of necessity authorir.es the City Attorney to institute an eminent domain action to acquire the property. The action wìI1 be filed promptly should the Council approve the resolution of necessity. The resolution also authorizes an application for an order of possession of the property, 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 proj ect. Page 20f3 RECOMMENDATION: Staff recommends that the City Council conduct a public hearing, deliberate, and adopt the Resolution of Necessity by a 4/5 vote. Page 3 of3 11Yb1O 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 TILING OF EMINENT DOMAIN PROCEEDINGS FOR 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- JAMES & ELINOR LANGE, SUSAN PLISSKIN, LAWRENCE PLISSKIN, STEVEN & JUDITH GOLDMAN, AND GREEN BEAR, LLC., PROPERTY OWNERS Assessor's Parcel No. 941-0205-036 WHEREAS, it is desirable and necessary for the City of Dublin to acquire fee title and a temporary construction easement within certain real property, particularly described in Exhibits "A" and "B," attached hereto and made 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 virtue of Article I, Section 19, ofthe Constitution ofthe State of California, Government Code Scctions 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 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 Alameda County equalized assessment roll, all of whom have been given a reasonable opportunity to appear and be heard before the City ofDubJin on the following matters: (a) Whether the public interest and necessity require the Project; (b) Whether the Projcct is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (c) Whether the property sought to be acquired is necessary for the Project; (d) Whether the offer required by Government Code Section 7267.2 has been made to the owner(s) of record. 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 of record to acquire the subject property for just compensation; and ::t::Tt.M (o:z.. 10· \ g. 0 S"" ATTAmmT I. 7. oe:} 0 WHEREAS, the City of Duhlin has satisfied the provisions of the California Environmental Quality Act for the Project; NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows: 1. Tile public interest and necessity require the Project for the acquisition of the fce simple and the temporary construction easement in and through the above-identified parcel ofland. 2. The Project is planned and located in the manner which will be most compatible with thc greatest public good and the least private injury. 3. The taking of the fee simple title in and to the rea1 property more particularly described in said Exhihit "A" and Exhibit "B" is necessary for thc Project. 4. The taking of the temporary construction casement in and to the real property more particularly 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 ofthe State of California has been made to the owner or owners of rccord of the real property. 6. The City Attorney ofthe City of Dublin or her duly authorized designee be, and she 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 she may deem advisable or necessary in connection therewith. 7. An order tòr 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 ofthe City Council held on the 18th day of October, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Cì:\MISCPROJ\I){1ugherty Rd Imp - Hou!iton to 1-580\Righl of Wa.y\DubHn Station· Lange et al\Reso]ution of N~~~!iìty - Lange elal.DOC 2 3~\Q FEE ACQUISITION APN No. 941-0205-036 Exhibit "A" All that real property simate in the City of Dublin, County of Alameda, State of California, being a portion of Parcel One.de:scribed in that certain document recorded on July 16, 2001 in Document No. 2001250985. Alameda County Records, Also being a portion of PARCEL B as shown on that eeriain map entitled "PARCEL MAP 2695", filed for record !JIn December 22, 1978 in Book 107 of Parcel Maps at Page 51, Alameda County Records, more partieu]arly described as follows: BEG~G at the northeast comer of said P ARCa B; Thence along the general easterly line of said parcel, South 01°13'02" West. 52.99 feet to the northerly line" of PARCEL A as shown on said map; Thence leaving said general easterly line, and along last said Jine, North 88"46'58" West, 47,47 feet to the westerly line (If said PARCEL A; . ; Thence leaving said northerly line, and along last said line, South 01°13'02" West, 13.60 feet; Thence leaving said westerly Jine of'Parcel A and across said PARCEL B the following seven (7) courses: 1)· South 55°48'18" West, 143..22 feet to the beginning of a curve to the right having a radius of 846.00 feet; 2) Thence along said curve, through a central angle of 7°17'34", for an arc length of 107.68 fl':et to a compound curve to the right having a radius of 72.00 feet; 3) Thence along said curve, through a central angle of 23°28'43", for an arc lengtt¡ of 29.50 feet; '. . 4) Thence South 86°34'35" West, 32.71) feet to the beginning of a curve to the left having a radius of 100.00 feet; 5) Thence along said curve, through a central angle of 17°21 '29", for an arc length of 30.30 feet to a reverse curve to the right having a radius of 824.00 feet; "Exhibit "A" Page I of 4 mIBlT --.&. 10 ~h..e 'R...esofut;iol1 1..\ C1b\O ., 6) Thence along said elirve, through a centtal angle of 1°30'23", for an arc length of 21.66 feet tq a reverse curve to the left having B radius of 39.20 feet; 7) Thence along said curve, through a central angle of 32°53'23", foran arc length of 22.50 foot to the northwesterly line of said PARCEL B, the beginning of a non tangent curve to the right, having a radius of 50.00 foot, from which point a radial line bears South 55°34'34" East; Thence along said northwesterly line, along said curve, through a central angle of 35°39'27', for an arè length of 31.12 feet to the beginning of a curve to the left, having a radius of 850.00 feet; Thence continuing along said northwesterly line, the following two (2) courses: 1) Along said curve, through a central angle of 14°48'02", for an'arc length of 219.57 feet; 2) North 55° 16'51" East, 206.90 feet to the POINT OF BEGlNNINGof this description. COJ1taiJ1ingan area of 9,594 square feet, 0.22 acres more or less. A plat showing the above-described parcels is attached hereiJ1 and made a part hereof a.s Exhibit "B"'. This description was prepared by me or· under my direction in conformance with the Professional Land SUlVeyors Act. -?~ Billy M n, LS 5797 . License Expires 6/30/2004 K.."'MIkf.ro01'I2Ð01eoœ.1~1ßRS!N_tJiWtdoc Dated:f~~~ ... Exhibit "An Page 2 of4 TEMPORARY CONSTRUCTION EASE:MENT APN No. 941-0205-036 Exhibit "A" 5~\O All that real property situate in the City of Dublin, County of Alameda, State of California, being a portion of Parcel One described in that certain document recorded on July 16,2001 in Document No. 2001250985, Alameda County Records, . . ALSO being a portion of PARCEL Bas shown on that certain map entitled "PARCEL MAP 2695", filed for record on December 22, 1978 in Book 107 of Parcel Maps at Page 51, Alameda County Records, more particularly described as follows: BEGINNING at the northwest comer of PARCEL A, as shown on said map; Thence along the westerly line of said PARCEL A, South 01°13'02" West 13.60 fe~t to the TRUE POINT OF BEGINNING; Thence continuing along last said line, South 01°13'02" West 6.13 feet; Thence leaving said westerly line, South 55"48' 18" West 14.89 feet; Thence South 34°11 '42" East 3.00 feet; Thence South 55"48' 18" West 5.6.00 feet; Thence North 34°11 '42" West 3.00 feet; Thence South 55°48' 18" West 68.77 feet to the beginning of a curve to the right having a radius of 851.00 feet; Thence along said curve, through a central angle of 7°17'34", for an arc length of 108.32 feet to a point of compound curvature, having a radius of 77 .00 feet; Thence along said compound curve, through a central angle of 23°28'43", for an arc length of 31.55 fE':E':t; Thence SOuth 86°34'35" West 32.70 feet to the beginning of a curve to the left having a radius of 95.00 feet; 'Thenee along said curve, through a central angle of 17°21 '29", for an arc length of 28.78 feet to a point of compound curvaturE': having a radius of 829.00 feet; . Thence along said compound curve, through a elflltral anglE': of 1 °30'23", for an arc length of 21.80 feet to it point of compound curvature, having a radius of 34.20 feet: Exhibit "A" Page 3 0[4 Ú2 00\"0 Thence along last said compound curve, through a eentra1 angle öf 32°53'23", for an arc length of 19.63 feet; . Thence North 52°09'54" West 5.00 feet to, the beginning of a non-tangent curve to the right, having a radi us of 39.10 feet, to which point a radialJine bears South 52°09' 54" East; Thence along said curve, through a central angle of 32°53'23", for an arc length of 22.50 feet to a point of compound curvature, having a radius of 824.00 feet; Thence along said curve, through a central angle of 1 °30'23", for an arc length of 21.66 feet to a point of compound curvature, having a radius. of 100.00 feet; Thence along last said compound curve, through a central angle of 17°21 '29", for an arc length of 30.30 feet; :- Thence North 86°34'35" East 32.70 feet to the beginning of a curve to the left, having a radius of 72:00 feet; Thence along said curve, through a central angle of 23°28'43", for an arc length of 29.50 feet to a point of compound curvature, having a radius of 846.00 fee:t; Thence along said compound curve, through a central angle of 7° 17'34", for an arc length of 107.68 feet; Thence North 55"'48'18" East 143.22 feet to the TRUE POINT OF BEGINNING. Containing an ar(:¡t of 2,093 square feet, 0.05 acres more or less. The Temporary Construction Easement, described above, to terminate upon completion of construction; for the purposes and incidents thereto over, under, upon and across the above described parceL A plat showing tœ above-described parcels is attached herein and made a part hereof as Exhibit ~'B'~. ., - This description was prepared by me or under my direction in conformance with the Professional Land Surveyors Act. B~,~ License Expires 613012006 . KmÐInI2.00 \2001GI):O:l·1b\LEGN.IGREËN_B!~AFUC~a..nm,Øoc --- Dated: rAN-.z.8 i3'!=.J I Exhibit "A" Page 4 of4 "I I (l 7 V FEE ACQUISITION /' 1~\O / ~EGENQ APN - ASSESSOR PARCEL NUMBER OR - OFFlCIAL RECORDS P.O.B. - POINT OF BEGINNING /' - SQUARE FEET BASIS OF BEAR-LNG::? Ý 1HE BEARING N 32,'48'00" WEST, THE MONUMENT UNE ON DOUGHERTY ROAD. BEiWEEN FOUND MONUMENTS AS SHOWN ON THE MAP ENl11LED "PARcEL I;4AP 1043" ALEC FOR RECORD ON SEPlEMBER 28, 1973 AND RECORDED IN BOOK 80 OF PARCEL MAPS AT PAGE 29, IS USED AS THE BASIS OF BEARINGS FOR lHlS PLAT. DOC. NO. 2002598974 APN:941-0205-009-0S /" \. "~,j ~ ~B'f r ...........,....... '" \1hrQ\øtIllW Q f:i/~1 /" dt-~Q /" ~O..:s~ IS> AV¥- , *'V POB ~:J/) ...& .'Q ,/ /' / /. . ~'ên ¡..,'" r-N E'" N SS'46'58" W '" 47.47' PARCEL 1 DOC. NO. 9426S159 APN: 941-0550-009-1 1 ÆE ACQUISITION 9.594 sq. ft. ± 0.22 acree ± P AAcEL A J01 M 5J OOCI 2000076438 APN: 941-0205-37 '" \ LANDS OF GREEN BEAR A CALIFORNIA LIMITED LIABILITY COMPANY P AAcEL E J01 M 5J PARCEL TWO EASEMENT FOR COMMON AREA OVER PARCEL A - 107 M 51 DOC. NO. 2001250985 LINE LENGTH L1 13.60' L2 3 0' PARCEL ONE DOC: NO. 2001250985 APN: 941-0205-36 4780 CHABOT DRIVE SUIiE 104 PLEASANTON, CA 94588 925-39.6-7700 925":'396-7799 (FAX) Subject EXHIBIT "S" . DUBUN BLVD. VVDlDIT Job No. 20C ÐA.IUD By RL -/:0 the 7?..e..solu"uO h :8. ~Ij PM PDT oß r7b\ 0..... ...../ I ~ 7 DOCII 02-598974- APN, 941-0205-009-06 / ..... + ,./ ~i'~ ,././ ~CJy ~ (,,/' /. ~~ '" ~ /,.>;~ '" /' ./ /' /. /' /. /~/: /'~ 00' ¥~~~ If''' ,,~~ \/"'[; ..... ~ 'f-~~ /.-ð\.~ ...-fjJ('y , /røY~ '*',,<v ~ ~..s ,,<F ..... ~ J,,,i. t>~ ~.p. <; " ...- 11>~'; 'i'> ....~, «" 1.... \ 'ò'i'> If' Ó\' .." '" ~ ..- ----- ~~ - ')~-t. C5 .~. 3 .. (' ~ C4 /' /' /' "....-:: 'b').~ ....0 ./ /' çf- ~"J%& /' <¡}<~'ò "~G-:~ _/ _..:?'" VÒ-'t' ~ ç;.'\&<:- "",..,.41' FEE ACQUISITION C1 9.594 sq. ft. ± 0.22 acre. ± LANDS OF GREEN BEAR A CALIFORNIA LIMITED LIABILITY COMPANY I'ARCEL ONE DOC. NO.- 200150985 APN, 941-0205-36 CURVE C1 C2 C3 C4 C5 LINE L1 L2 LENGTH 13.60' 32.70' pARcEL 8 101 M 51 --- --- --- --- 14,00' DUSLIIV C 66; OUR.,. W/9õ CD --- --- --- ---- ) ~ ","\ E II ...._r.~ 4780 CHABOT DRIVE SUITE 104 PLEASANTON. CA 94568 925-396-7700 925-396-7799 (FAX) Sub ¡act EXHIBIT "6" DUBUN BLVD.-DOUGHERTY RD. 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",::1 0« 2_ ::s~ e :::¡ "" u < , , I~ e '" '" DO ,.., g; 0 ",It> I Z ~ ~ 00 '" -.J ~ 0 '" I ~ Ó + "" 2 0> a.. . g it o « 4760 CHABOT DRIVE SUITE 104 PLEASANTON, CA 94568 925-396-7700 925-396~7799 (FAX) Sub laet EXHIBIT "B" DUBUN BLVD.-DOUGHERTY liD. WIDENING Job No. 2Q016002 By RL _ Date 01/28/~ CIlkd.RH SHEET 1. OF 1 o ex) 10 I - o +-' CD () CO - a.. c: o +-' U) ::J o I "C CO o a:: >. +-' "- CD .r::. C> :J o o ~i) ~.~~l;!'~"~> U) +-' c: CD E CD > o "- a. E - ATTAUJDmNT .J... gl ~ .... .. .. ~ .. ~ .. ~ N .. ~ E :::¡ ~ .. u OJ .. t:' f .. ... ... . ft J ~. 1 2~ ·It I, I .! ~di If h I il ~