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HomeMy WebLinkAbout6.3 ResoCondemnScarlettCITY CLERK � File # 1:11affla-MF21 AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 5, 2000 SUBJECT: Public Hearing: To Consider Adoption of a Resolution of Necessity to Condemn Real Property at 6301 Scarlett Court for the Widening of Dublin Boulevard between Dougherty Road and Scarlett Drive Report Prepared by: Lee S. Thompson, Director of Public Works ATTACHMENTS: 1) Resolution of Necessity, with Exhibits 2) Location Map RECOMMENDATION: 1) Open Public Hearing 2) Receive Staff Presentation and public comment 3) Close public hearing and deliberate 4) Adopt Resolution (requires 4/5 affirmative vote to pass) FINANCIAL STATEMENT: There is no cost to the City. Costs of the land acquisition are being paid for through Eastern Dublin Traffic Impact Fees. DESCRIPTION: The City of Dublin seeks to widen Dublin Boulevard on the south side between Dougherty Road and Scarlett Drive. In order to do so, the City needs to acquire a portion of a parcel owned by The Schork Family Partnership, commonly known as 6301 Scarlett Court (APN 941-0550-016-02). The 6301 Scarlett Court property is a 4.87 ± acre parcel (212,048 square feet) that is currently used by El Monte RV Center for the sales and service of recreational vehicles. The property is improved with a 19,200 square foot showroom, a 9,000 square foot shop building, a 16,600 square foot warehouse building located in the rear of the property, and 146,600 square feet of asphalt paving. The City must acquire 5,282 square feet in fee for the Dublin Boulevard right-of-way. The City must also acquire a 13,440 square foot temporary (6 months) construction easement to facilitate the construction of a retaining wall within the City's right of way and the demolition of the existing warehouse building. The location of the warehouse building presents a problem inasmuch as approximately 32 feet of the building lies within 5,282 square feet of the property required for the Dublin Boulevard Widening. The building is used for the repair/servicing of recreational vehicles. The two options available to the City are a) removal of the rear 32 feet and reconstruction of the remainder of the building (cut and reconstruct), or b) demolition of the entire building. --------------------------------------------------------------- COPIES TO: Schork Family Partnership ITEM NO. gArniscproj\dbw-dougherty scarlett\Agst ResNec-El Monte RV 9-5-00 OC�' An architectural and construction firm has provided Staff with an estimate of $375,841 to do the "cut and reconstruct". This amount, together with the compensation due to the property owner for the property and a temporary construction easement, amounts to $572,775. Compensation to the property owner for the second option (the take of the entire warehouse building) is estimated at $210,402 plus the value of the fee for a total of $398,675. There will be an additional cost of $100,000 to demolish the entire building, thus the total cost of the second alternative is $498,675 plus any cost for relocation. Comparing the costs of the two options, it is least expensive to demolish the entire building. In addition, option 2 would save the City approximately 6 to 8 months in widening this section of Dublin Boulevard. It is therefore staff s intent to demolish the entire warehouse building and compensate the property owner for its demolition. On September 21, 1999, the City Council adopted Resolution No. 171-99, approving a negative declaration for the project in compliance with the California Environmental Quality Act. Before the City Council can consider adoption of the Resolution of Necessity, the City must submit a purchase offer to the property owners. The offer, required by Government Code Section 7267.2, must be based upon an approved appraisal. The City had the properties appraised and subsequently tendered offers to purchase the properties for the appraised values on July 17, 2000. For the proposed fee simple and temporary construction easement and for the depreciated value of the building to be demolished at 6301 Scarlett Court, the City' s appraised value is $398,675, which is the amount offered to the Schork Family Partnership on July 17, 2000. Thus far, the City has been unable to negotiate a settlement with The Schork Family Partnership. To adopt the Resolution of Necessity, the City Council must make the following findings: 1) Whether the public interest and necessity require the project. The widening of Dublin Boulevard will require the acquisition of a portion of APN 941-0550-016-02. The acquisition of portions of the parcels will enable the City to proceed with 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. The Dublin Boulevard alignment requires the subject property to be acquired for the widening project. The six lanes are required and adopted by the City Council through the City's General Plan. This Specific Plan Line for Dublin Boulevard was also adopted by the City council several years ago after study and hearings. The properties 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, widening Dublin Boulevard to six lanes requires the acquisition of the subject properties. 4) Whether the offer required by Government Code Section 7267.2 has been made. The offer has been made. Staff recommends that the City Council conduct a public hearing, deliberate, and adopt the Resolution of Necessity. -2- RESOLUTION NO. -00 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 Assessor's Parcel No. 941-0550-016-02 (Portion) 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 Exhibit "A" attached hereto and made a part hereof by reference, in order to construct, widen and/or improve Dublin Boulevard as part of the Dublin Boulevard Widening Project located between Dougherty Road and Scarlett Drive (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, of the Constitution of the State of California, Government Code Sections 37350.5 and 37353(a) and Sections 1240.050, 1240.110, 1240.120, 1240.125, 1240.150, 1240.240, 1240.410 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 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; (c) Whether the property sought to be acquired is necessary for the Project; (d) Whether the offer required by Govemment Code Section 7267.2 has been made to the owner(s) of record; and WHEREAS, pursuant to the provisions of Section 7267.2 of the Government Code of the 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 WHEREAS, the City of Dublin has satisfied the provisions of the California Environmental Quality Act for the Project; 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 a temporary construction easement in and through the above-identified parcel 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 of the fee simple title and a temporary construction easement in and through the real property, more particularly described in said Exhibit "A" is necessary for the Project; 4. The offer required by Section 7267.2 of the Government Code of the State of California has been made to the owner of record of the real property; 5. The provisions of the California Environmental Quality Act have been satisfied for the Project. 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 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 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. PASSED, APPROVED AND ADOPTED this 5th day of September, 2000. AYES: NOES: ABSENT: ABSTAINING: ATTEST: Mayor City Clerk APPROVED AS TO FORM: ELIZABETH H. SILVER City Attorney g: ~miscprojldublin dough-scarlreso necessity-el monte R V 9-00. doc EXHIBIT "A" OWNER: THE SCHORK FAMILY PARTNERSHIP APN: 941-0550-016-02 (Portion) FEE SIMPLE AND EASEMENT TO REMOVE IMPROVEMENTS ALL that ceaain real property situate in the City of Dublin, County of Alameda, and State of California, and described as follows: BEING a poaion of the lands described in the Grant Deed to The Schork Family Partnership recorded March 20, 1998 as Instrument Number 98-094486, Official Records of Alameda County, said portion being more particularly described as follows: COMMENCING at the most southwesterly comer of Lot 1 as said lot is shown on that certain map entitled "TRACT 5900", filed February 25, 1993 in Book 206 of Maps at Pages 84 through 86, inclusive, in the Office of the Recorder of Alameda County; THENCE easterly along the southerly line of said Tract 5900 South 88o46'25'' East 1,099.26 feet to the northwesterly corner of the said Lands of Schork (98-094486), said corner being also the POINT OF BEGINNING; THENCE easterly along the noaherly line of said Lands of Schork (98-094486) and along said southerly line of Tract 5900 South 88046'25'' East 167.69 feet to the noahwesterly corner of the lands described in the Deed of Dedication to the City of Dublin for public street purposes, recorded June 23, 1998, as Instrument Number 98-214386, Alameda County Records; THENCE southerly along the westerly line of said dedication (98-214386) South 01 °13'35" West 31.50 feet; THENCE leaving said westerly line of said dedication (98-214386)North 88046'25" West 167.69 feet to the line common to said Lands of Schork (98-094486) and the lands described in the Grant Deed to Eldon E. Gearing and Bobbe G. Gearing, trustees of Gearing Family Trust, recorded March 20, 1990 as Instrument Number 90-075836, Alameda County Records; O THENCE along said common line Noah 01 13'35" East 31.50 feet to the POINT OF BEGINNING. Containing an area of 5,282 square feet more or less. Together with the right and easement to enter upon the 80 feet southerly of the above-described portion of land ("Temporary Demolition Easement") for the purpose of removing the improvements which lie within the Temporary Demolition Easement ("Warehouse Building") plus any foundation within such area and all improvements which extend into the remaining portion of owner' s land which are physically attached to the "Warehouse Building" (but not including any foundation within such remaining poaion of owner' s land), at any time within 120 days after the date possession is authorized as indicated in the order for possession, or within 120 days after Final Judgment in Condemnation for the above-enumerated purposes. G:MMISCPROJXDBW-DOUGHERTY SCARLETT~LEGAL DESCRIPTION OF FEE SIMPLE.DOC EASEMENT DESCRIPTION: 80' WIDE TEMPORARY CONSTRUCTION EASEMENT (ACROSS THE LANDS OF SCHORK) ALL that certain real property situate in the City of Dublin, County of Alameda, and State of California, and described as follows: BEING a portion of the lands described in the Grant Deed to The Schork Family Partnership recorded March 20, 1998, as Instrument Number 98-094486, Official Records of Alameda County, said portion being more particularly described as follows:' COMMENCING at the most southwesterly comer of Lot 1 as said lot is shown on that certain map entitled "TRACT 5900", filed February 25, 1993, in Book 206 of Maps at Pages 84 through 86, inclusive, in the Office of the Recorder of Alameda County; THENCE easterly along the southerly line of said Tract 5900 South 88°46'25'' East 1,099.26 feet to the northweste~y comer of said Lands of Schork (98-094486 O.R.); THENCE southerly along the the line common to said Lands of Schork-(98-094486 O.R.) and the lands described in the Grant Deed to Eldon E. Gearing and Bobbe G. Gearing, trustees of the Gearing Family Trust, recorded March 20, 1990, as Instrument Number 90-075836, Alameda County Records, South 01 ° 13'35 West 31.50 feet to the POINT OF BEGINNING; THENCE southerly along said common line South 01 °13'35 West 80.00 feet; TI-IENCE leaving said common line South 88°46'25 East 167.69 feet to the easterly line of said Lands of Schork (98-094486 O.R.) and the prolongation of the westerly line of the lands described in the Deed of Dedication to the City of Dublin for public street purposes, recorded June 23, 1998, as InStrument Number 98-214386, Alameda County Records; THENCE northerly along said easterly line of the Lands of Schork (98-094486 O.R.) and the prolongation of said westerly line described for public street purposes (98-214386 O.R.) North.. 01°13'35 West 80.00 feet to a point which bears South 01°13'35 West 31.50 feet from the northwesterly comer of said lands described for public street purposes (98-214386 O.R.); THENCE leaving said westerly line described for public street purposes (98-214386 O.R.) North 88°46'25'' West 167.69 feet to the POINT OF BEGINNING. Exhibit "A" Page 1 of 2 Containing an area of 13,415 .square feet, more or less. A plat showing the above described dedication is attached hereto and made a part hereof as Exhibit "B". This description has b rep.ared By: /'~ $ License Expires: 06/30/04 Dated: k:ksur98X980289.10Xdescfiptions\tee-schork.doc BrBRIANKANGASFOULK. Exhibit "A" Page 2 of 2 led TRACT 590O 2~09 MAPS' 84 GRAPHIC SCALE 20 40 ( IN FEET ) 1 inch = 4-0' feet COMMENCEMENT POINT OF BEGINNING S B8 46 25' E 1 \, = 2: DUBLIN BOULEVARD (PUBLIC RIGHT OF WAY) (WIDTH VARIES) S 88'46'25" E 167.69' RIGHT OF WAY DEDICATION 5,282 S.F._+ N 88'46'25" W 167.69' 110' R/W DEDICATION . ~B-?_~43B5 O,R, LANDS OF THE GEARING FAMILY TRUST 90-075B35 O.R. ....ANDS OF THE SCHORK FAMJLY PARTNERSHIP 9B--094486 O,R. LANDS OF KASSABIAN PARCEL 331 P.M, Englneer~ . .~urveyor~ · ~cnners 2737 North Main Street Suite 200 Walnut Creek, CA 94596 925/940-2200 925/940-2299 (FAX) Subject Job No. By EXHIBIT "B" PLAT TO ACCOMPANY PROPERTY DESCRIPTION 980289-10 MLM Dote 10/05/99 Chkd- PAK SHEET 1 OF 1 TRACT 59OO _.O9 MAPS 84 GRAPHIC SCALE 20 40 I I ( XN FEET ) 1 ~nch = ~0 fee~ 80 POINT OF' C/~MMENCEMENT S 88'46'25" E 099 26'1 LANDS Of THE GEARING FAMILY TRUST 90-075838 O.R. DUBLIN BOULEVARD (PUBLIC RIGHT OF WAY) (WIDTH VARIES) 110' RIGHT OF WAY ACQUISITION POINTN OF 5,282 S.F.+- BEGIN ING N 88'46'25" W 167,69' , 15,415 S F + · - S 88'46'25" E 167.69' LANDS OF THE SCHORK FAMJLY pARTNERSHIP gB-Og4485 O.R. R/W ACQUISITION 98-21438E O.R. LANDS OF KASSABIAN PARCEL 131 P.M. Engineers · Surveyors · Planners 2737 North Mcin Street Suite 200 Wolnut Creek, CA 94596 925/940-2200 925/940-2299 (FAX) EXHIBIT "B" Subject PLAT TO ACCOMPANY EASEMENT DESCRIPTION Job No. 980289-10-02 By MLM Dote 08/31/00 Chkd. BTW SHEET 1 OF 1 Right-of-Way to be Acquired ..... J \~ 6440 I .... ............... ! 6080 DUBLIN BOULEVARD WIDENING PROJECT BETWEEN DOUGHERTY ROAD AND SCARLETT DRIVE