HomeMy WebLinkAbout6.2 Proposed Dougherty Road Improvements Project or
19 82 STAFF REPORT CITY CLERK
` CITY COUNCIL File #670-40
DATE: October 7, 2014
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager "
SUBJECT: Resolution Determining that the Public Interest and Necessity Require the
Acquisition of a Partial Fee and Temporary Construction Easement from APN
941-0550-007-01 for the Proposed Dougherty Road Improvements Project
Prepared by John Bakker, City Attorney and Ferd Del Rosario, Senior Civil
Engineer
EXECUTIVE SUMMARY:
The City Council will consider a proposed Resolution of Necessity (Attachment 1) that would
authorize the commencement of an eminent domain action to acquire a fee simple interest and
a six month temporary construction easement over portions of the property located on the east
side of Dougherty Road, Assessor's Parcel Number 941-0550-007-01, for the construction of
the Dougherty Road Improvements Project (the "Project").
FINANCIAL IMPACT:
The direct fiscal impacts include the costs of real property acquisitions, attorney fees and costs
if the eminent domain action is filed, and administrative expenses.
RECOMMENDATION:
Staff recommends that the Council adopt the proposed Resolution. The Council must consider
all evidence presented at the hearing on the Resolution, and must find and determine each of
the following in order to adopt the Resolution: (1) that the public interest and necessity require
the Project; (2) that the Project is planned or located in the manner that will be the most
compatible with the greatest public good and the least private injury; and (3) that the partial fee
acquisition and temporary construction easement are necessary for the Project.
Submitted By Submitted By 'A Reviewed By
Public Works Director City Attorney Assistant City Manager
Page 1 of 5 ITEM NO. 6.2
DESCRIPTION:
A. Dougherty Road Improvements Project
The Dougherty Road Improvements Project consists of multi-modal improvements to Dougherty
Road, including new and improved bicycle and pedestrian facilities, new bus stops and bus pull-
outs, and roadway widening. These improvements will address traffic congestion and multi-
modal circulation issues for commuters traveling Dougherty Road, including improved access to
the Dublin/Pleasanton BART station.
The proposed improvements to Dougherty Road have been long-planned. The Circulation and
Scenic Highways Element of the City's General Plan (adopted 1985) called for the expansion of
Dougherty Road to a six-lane arterial. Subsequent updates to the Circulation and Scenic
Highways Element called for the addition of on-street ("Class II") bicycle lanes to the entire
length of Dougherty Road.
Since adopting the Circulation and Scenic Highways Element in 1985, the City has enforced a
dedication requirement from property owners along Dougherty Road to provide the necessary
area for the anticipated future roadway width. As development occurred along the Dougherty
Road corridor the City has required new buildings and parking areas to be sufficiently set back
from the existing roadway to allow for the future roadway widening.
The City previously expanded the roadway to a divided six-lane facility south of Sierra Lane.
However, the portion of Dougherty Road between Sierra Lane and the north City limit has
generally remained at 4 lanes with no median or on-street bicycle lanes. The proposed project
would widen Dougherty Road in accordance with the General Plan, resulting in a consistent
roadway cross-section, pedestrian facilities, and bicycle facilities along the entire length of
Dougherty Road from Dublin Boulevard to the north City limit. The Project is scheduled to begin
construction in spring 2015.
B. The Subject Property
The subject property is a 51,757 square foot parcel located at 6271-6309 Dougherty Road, on
the east side of Dougherty Road, north of Dublin Boulevard. The subject property is owned by
4W LLC and is improved with a single-story commercial service/light industrial building. The
building is occupied by commercial tenants, including a paint store, glass store, auto service
business and others.
The City is proposing the acquisition of: (1) a fee simple acquisition of a 30-foot wide strip along
the Dougherty Road frontage of the subject property, measuring approximately 10,019 square
feet; and (2) a six-month temporary construction easement over a 10-foot wide strip adjacent to
and east of the fee simple acquisition area, measuring approximately 3,049 square feet. The
property interests proposed for acquisition are more particularly described and depicted
collectively in Exhibit "A" to the proposed Resolution of Necessity (Attachment 1).
The subject property was appraised and a written offer for the fair market value of the proposed
acquisition was made to the owner on August 15, 2013. Following an update of the appraisal,
an updated written offer was made to the owner on August 21, 2014. The City's acquisition
agent and staff have worked to acquire the property through negotiated settlement with the
owner. However, such efforts have been unsuccessful. In order to move forward with
Page 2 of 5
construction in accordance with the Project schedule, the City must consider acquiring the
subject property through eminent domain proceedings.
C. Environmental Review
Consistent with the requirements of the California Environmental Quality Act ("CEQA"), City staff
prepared and circulated an Initial Study and Proposed Mitigated Negative Declaration on the
Dougherty Road Improvements Project. During the public comment period, Staff received four
written comments on the environmental document, none of which identified any new or
substantially more adverse environmental effects than were noted in the environmental
document. In response to comments received, mitigation measures were modified and
compiled in a Mitigation and Monitoring Reporting Program.
On February 19, 2013, the City Council determined that there is no substantial evidence that the
project as mitigated will have a significant effect on the environment and adopted Resolution No.
19-13 (Attachment 2) adopting the Mitigated Negative Declaration. Each of the aforementioned
documents is incorporated by this reference as though fully set forth herein.
ADOPTION OF THE RESOLUTION OF NECESSITY AND FINDINGS:
By adopting the proposed Resolution of Necessity, the City Council will authorize the filing of an
eminent domain action to acquire the fee title portion of property and temporary construction
easement as aforementioned. Before adopting the Resolution of Necessity, the City Council
must make the following findings based on evidence presented at the hearing-
1. The public interest and necessity require the Project.
The acquisition of private property for a public right-of-way has long been regarded as a "public
use" for which the use of eminent domain is justified. Several statutes in the Code of Civil
Procedure, Government Code, and Streets and Highways Code authorizing the use of eminent
domain for purposes of constructing, improving and/or expanding public right-of-ways.
(California Code of Civil Procedure sections 1240.010-1240.050, 1240.110 and 1240.120;
Government Code sections 37350.5, 373537 397927 40401, and 40404; and Streets and
Highways Code section 10102).
As previously noted, the Project, consisting of multi-modal improvements to Dougherty Road,
including new and improved bicycle and pedestrian facilities, new bus stops and bus pull-outs,
and roadway widening, will address traffic congestion and multi-modal circulation issues for
commuters traveling Dougherty Road, including improved access to the Dublin/Pleasanton
BART station. Implementation of the project will improve the projected near-term 2015 and far-
term 2025 level of service of several intersections along Dougherty Road, including Amador
Valley Boulevard, Scarlett Drive, and Wildwood Road, as described in the Mitigated Negative
Declaration.
2. The proposed project is planned or located in the manner that will be the most
compatible with the greatest public good and the least private injury.
Since adopting the General Plan in 1985, the City has enforced a dedication requirement from
property owners along Dougherty Road to provide the necessary area for the anticipated future
roadway width. As development has occurred along the Dougherty Road corridor, new buildings
and parking areas have been set back from the existing roadway to allow for the future roadway
Page 3 of 5
widening. South of Sierra Lane, the roadway was previously expanded to a divided six-lane
facility. However, Dougherty Road between Sierra Lane and the north City limit generally
remained at 4 lanes with no median or on-street bicycle lanes. The Project would widen
Dougherty Road, in accordance with the General Plan, north of Sierra Lane, resulting in a
consistent roadway cross-section, pedestrian facilities, and bicycle facilities between Dublin
Boulevard to the north City limit, resulting in the greatest public good. Given the dedication
requirement and set back construction of buildings and parking areas, the City has already
acquired most of the necessary right-of-way for the Project, including right-of-way from portions
of properties adjacent to the subject property. The proposed Project will result in the least
private injury. An alternative alignment for the improved Dougherty Road would require
significant additional right-of-way acquisitions, resulting in greater private injury and lesser public
good.
3. The property interests described in the Resolution of Necessity are necessary for
the Project.
Due to the constraints of the right-of-way already acquired by the City, the existing alignment of
Dougherty Road, and the location of the subject property, the proposed acquisitions are suitable
and desirable for the construction and use of the Project.
4. The offer required by Government Code section 7267.2 has been made to the
owner of record.
A written offer to purchase and an appraisal summary statement for the proposed property
acquisition was made to the owner, 4W LLC, on August 15, 2013, based on the full appraised
value of the property (Attachment 3). Following an update of the appraisal, an amended written
offer was made to the owner on August 21, 2014 (Attachment 4). The City has made reasonable
efforts to conclude negotiations in accordance with the requirements of Government Code
section 7267.2. However, the City has been unsuccessful to date in attempts to acquire the
property through negotiations.
REASONS FOR THE RECOMMENDATION:
Staff recommends adoption of the attached Resolution of Necessity (Attachment 1). The
proposed Resolution makes the required findings that the City Council is authorized to acquire
the property interests through its eminent domain powers by filing an action in Court. The
Resolution must be approved by a two-thirds vote.
POLICY ALTERNATIVES:
The Council may choose to not adopt the Resolution of Necessity and direct staff to continue
negotiations. Negotiations with the property owner can continue notwithstanding the adoption of
the Resolution of Necessity or even the filing of an action in eminent domain. Alternatively, the
Council may elect to not move forward with acquisition of the property for the Project.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The notice of the proposed Resolution of Necessity must be sent to "each person...whose name
and address appears on the last equalized county assessment roll..." (Code Civ. Proc.
§1245.235(a).) Such notice was provided on September 3, 2014 (Attachment 5). A letter
Page 4 of 5
received from Mr. Robert Randick, Attorney for 4W, LLC, regarding this matter has been
included as Attachment 6.
ATTACHMENTS: 1. Proposed Resolution that the Public Interest and Necessity Require
the Acquisition of a Partial Fee and Temporary Construction
Easement from APN 941-0550-007-01 for the Proposed Dougherty
Road Improvements Project, with attached Exhibit "A"
2. City Council Resolution No. 19-13 Adopting the Mitigated Negative
Declaration and Approving Preliminary Engineering Plans for the
Dougherty Road Improvements Project, adopted February 19, 2013
3. Offer Letter to 4W LLC, dated August 2013
4. Updated Offer Letter to 4W LLC, dated August 21, 2014
5. Notice of Intention to Adopt Resolution of Necessity, dated
September 3, 2014
6. Letter from Robert Randick, Attorney for 4W, LLC, dated
September 9, 2014
Page 5 of 5
RESOLUTION NO. XX - 14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE
THE ACQUISITION OF A PARTIAL FEE AND TEMPORARY CONSTRUCTION EASEMENT
FROM APN 941-0550-007-01 FOR THE PROPOSED DOUGHERTY ROAD IMPROVEMENTS
PROJECT
4W LLC, PROPERTY OWNER
PROPERTY LOCATION: 6271-6309 DOUGHERTY ROAD
ASSESSOR'S PARCEL NO.: 941-0550-007-01
WHEREAS, in order to construct the Dougherty Road Improvements Project ("Project"), the
City of Dublin (the "City") 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 1240.010 - 1240.0507 1240.110, and 1240.120; California Government
Code sections 37350.5, 373537 397927 40401, and 40404; and Streets and Highways Code section
10102;
WHEREAS, it is desirable and necessary to acquire a partial fee and temporary construction
easement to construct the Project to address traffic congestion and multi-modal circulation issues for
commuters traveling on Dougherty Road, including improved access to the Dublin/Pleasanton BART
station.
WHEREAS, the property interests to be acquired are located in Assessor's Parcel Number
941-0550-007-01 (Portion), Dublin, California, and are more particularly described and depicted
collectively in Exhibit "A" attached hereto and which are incorporated herein by this reference;
WHEREAS, pursuant to Code of Civil Procedure section 1245.235, the City provided the
owner of the subject 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;
(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 interests sought to be acquired are necessary for the Project;
and
(d) Whether the offer required by Government Code section 7267.2 has been made to the
owner(s) of record.
ATTACHMENT 1
WHEREAS, the requirements for appraisal and offer, pursuant to Government Code section
7267.1 and 7267.2, have been satisfied, and reasonable efforts have been made by the City to
conclude negotiations in accordance with the requirements of Government Code section 7267.2;
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;
WHEREAS, the Council considered this matter as an item placed on its agenda at its regular
meeting on October 7, 2014;
WHEREAS, the findings 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;
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;
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)
the Project is planned or located in the manner that will be the most compatible with the greatest
public good and the least private injury; and (3) the property interests are necessary for the Project;
WHEREAS, all other legal prerequisites to the adoption of the Resolution have occurred; and
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 construction of the Project to address
traffic congestion and multi-modal circulation issues for commuters traveling on
Dougherty Road, including improved access to the Dublin/Pleasanton BART
station.
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 partial fee and temporary construction easement as more
particularly described in Exhibit "A" are necessary for the Project.
4. The offer required by Government Code section 7267.2 has been made to each of
the persons known to City to claim an interest in the subject property as listed in
the last equalized roll and specifically to 4W LLC, the record owner.
5. The City has complied with all conditions and statutory requirements, including
those prescribed by CEQA, that are necessary for approval and adoption of the
Project.
ATTACHMENT 1
6. All conditions and statutory requirements necessary to exercise the power of
eminent domain ("the right to take") to acquire the property described herein have
been complied with by the City.
7. Insofar as the property or a portion of it has heretofore been appropriated for
public use, the proposed use set forth herein will not unreasonably interfere with or
impair the continuation of the public use as it exists or may reasonably be
expected to exist in the future, and is therefore a compatible public use pursuant to
Code of Civil Procedure Section 1240.510, or, as applicable, constitutes a more
necessary public use to which the property is appropriated pursuant to Code of
Civil Procedure Section 1240.610.
8. The temporary construction easement is for a six month period.
9. Special Counsel, Meyers, Nave, Riback, Silver & Wilson, is hereby authorized,
empowered and directed to acquire in the name of the City of Dublin, 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 court as are necessary for such acquisition and to
take such action as may be deemed advisable or necessary in connection
therewith; and, to deposit the probable amount of just compensation based on the
City's approved appraisal.
10. 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 Easements for said public uses and purposes.
11. Notice and a reasonable opportunity to appear and be heard on October 7, 20147
on the matters enumerated in 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 4W LLC.
PASSED, APPROVED AND ADOPTED this 7t" day of October, 2014, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
ATTACHMENT 1
FIORPUN OF
APN 0341.0 5ttC'-007.01
6289 DOUGHER,rY ROAD
DUBLIN, CALUFORNIA
EXI IlBrr A
LEGAL DESCRli�11'10N
Mght-of any Acquisition
A Poution of the parcel of land described in the Grant Deed to 4W, I.I.C., a Calffornia Limited
Liability Comparry, filed on Mairch 17, 2010, Document No, 2010-070842 it) the Official ftecoirds
of Alarneda County, State of Cafiforinia, rrefre parficuNady dose be as JbHows-
CO NAM ENUNG at the rnost eastedy corner of said 4W, LLCII parcel (Doc. 2010-070842), said
poirrt also being the p6rit of intersection of the southwesterly Hne ref ract, 7181, Scariett Pi ace,
filed Nov(-e,nnber 13, 2001, Map Book 261 at IPage 79, Alameda County Records with the
northedy fine of Parcel Map 7537, ffled October 12, 2001, I Map Book 260, at Page 78, Almy'reda
Cour,Ay Records,- thence, abrigthe southeidy Itne of sa�d 4W, LLC parcel (Doe. 2010-070842),
saN d line Balls Ib eing said northedy Hne of Parcel Map '7537 (260 IM 78), North 88"49'58"West,
346,29 to to the northwest coriner of Parcel 1 as shown ori said Parcel Map 7537(2 60 M 78)
said point being the'TRL)E. POINT OF BEG"INNiNG,' 'thence, Near ing said southerly Iline(1')oc,
2010-070842)and said northerly line (260 M 78), North I",I TOT East, 315,44 fpet to as poirit on
'the northeastedy fine of said 4W, Ll C parcel (Doc. 20,10-070842) said flne also beMg said
SOLIthwesterly Hne eat'Tract'7181 (26°1 M 79)", thence, ale ng said norUheasterly fine (Doc. 2010--
070842), North 46*28'47" West, 40,56 feet to as poir"A on the direct extensbin inorth of the east
fine of Dougherty IZoad, Formedy Alarno Road, as desciribed in the Abandonarent Resolution
lqo,, 45662, ffled Aprii '16, 1946, In Book 4876 at Page 209, OfflcW Records of Alameda County;
thence, along the easterly irne of said Dougherty Road and its direct extension (4876 OR 209),
SOLIth 10 1 T02"West, 34276 feet to as point on saNd sotjtferly firre of the 4W, LLC par,cel (Doc.
201&070842),- thence, along said SOLItheirly line of 4W, I LC parcel (Doc, 2010-070842), said
fine also being said noitheirly fine of Parcei Map 7537 (260 M78), South 88049'58" East, 30.00
feet,to the'l-RUE PONT Of:' BEGNNNG.
Containing ar area of 0.23 acres, rnore or less.
03/19/2013
No, 7893
Date
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A portion of ffie parcel of land described in ffie Grant Deed to 4W, Ur-C, as California I.Jmked
LiabiHty Cornpany, filEad on Maich 17, 2010, Docurnent No. 2010-070842 in the Official Records
of Alarneda Clounty, State of California, irriom particularly descidbed as follows-
7C strip of land tein feet(10') in width, the westerly fine(.�)f which lea described as Wows,
COMMENCI1NG at the most easterly corner of saW 4W, i i CII I paircel (Doc, 20,10-070842), said
pa: nt also b6ng the point of intersection of the southwesterly Hi ie of Tract 7181, Scarlett Place,
fl ed Novernbeir 113, 2001, Map Book 261 at Page '79, Alameda County Records wfth the
northedy fine of Paircel lftp 7537, ffled October, 12, 2001, Mar) Book 260, at Page 78,Alarneda
County Recordsl� thence, along the southerly fine of said 4W, L IM..C parcel (Dm., 2010-070842),
said fine also being said riorthedy line of Flarcel Maj�) 7537 (260 M 78), North 88"49'58"Weast,
346.29 feet to the nofthwest m nor,of Parcel 1 as shown on said Parcel Map 7537 (260 M 78)
said point being the 'rRUE POK'r OF' BEG NIIING, therice, leaving said southerly line (Doc.
201 O.070842) and said imitherly line(260 M 78), North 1'1 TOT East, 315A4 ftr.3et to a point on
the nutheasteirly fine of said 4W, LU parcel (Doc, 2010•070842) said Une also being said
southwesterly fline of T'ract 7181 (261 M 79), said point being the tern-iinus of the westeirly Ilin e
herein described,
I he easterly sideHne of saki strip fies paraflei with and 10 freet(rineasured at right anfjles)
easterly of the above described Braes and is to be shortened or lengthened to begin and end at
said southerly and northeasterly lines of said 4W, U-C parcel (Doc- 2010-070842).
Containing an area of 0.07acres, rnore or less, 03/19/2013
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..............................
RESOLUTION NO. 19 13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING THE MITIGATED NEGATIVE DECLARATION AND APPROVING PRELIMINARY
ENGINEERING PLANS FOR THE DOUGHERTY ROAD IMPROVEMENTS PROJECT
WHEREAS, the Circulation Element of the City of Dublin's General Plan has for more than two
decades called for the expansion of Dougherty Road to a six-lane arterial; and
WHEREAS, the City of Dublin's Bikeways Master Plan calls for the addition of on-street (Class
11) bike lanes on Dougherty Road from the Contra Costa County line south to Dublin Boulevard; and
WHEREAS, through previously approved Capital Improvements Program, the City has
designated funding for preliminary engineering and environmental review of plans to expand
Dougherty Road consistent with the Circulation Element; and
WHEREAS, preliminary engineering of Dougherty Road improvements consistent with the
above plans has proceeded for the section of Dougherty Road between Sierra Lane and the north
City limit, including proposed roadway, median, and bicycle/pedestrian path improvements; and
WHEREAS, consistent with all requirements of the California Environmental Quality Act, the
City prepared and circulated an environmental Initial Study and Proposed Mitigated Negative
Declaration on the Dougherty Road Improvements Project for a 30 day public review period; and
WHEREAS, during the public review period, the City received four written comments on the
project and the environmental review, none of which identify any new or significantly worsened
environmental impacts beyond those already identified; and
WHEREAS, although not required by CEQA, the City prepared written responses to the
comments, which comments and responses are included in a Proposed Mitigated Negative
Declaration (MND) dated February, 2013 and incorporated herein by reference. The MND includes a
revised Initial Study reflecting the comments and responses and including minor technical revisions;
and
WHEREAS, in accordance with the comments and responses, the revised Initial Study also
includes modifications to certain biology mitigation measures, These modifications refine and clarify
permitting and timing provisions of the measures and provide additional detail to update the
measures for current CDEW protocols, Mitigation Measure 814-5 in the revised Initial Study
replaces the prior measure but does not constitute a "substitute" measure for the purposes of CEQA
Guidelines section 15074.1 because the revised measure contains the basic elements of the original
measure, and adds detail consistent with current CDFW standards; and
Page 1 of 2
i
WHEREAS, all mitigation measures have been compiled in a Mitigation Monitoring and
Reporting Program dated January 2013 and incorporated herein by reference; and
WHEREAS, the City determined that the comments and responses did not constitute or
require substantial revisions to the MND, and no recirculation was required pursuant to CEQA
Guidelines section 15073.5; and
WHEREAS, the Revised Initial Study, the comments received during the public review period,
the City's responses to the comments as compiled in the Proposed Mitigated Negative Declaration
dated February 2013, together with the Mitigation Monitoring and Reporting Program dated January
2013 collectively comprise the Mitigated Negative Declaration for the Project; and
WHEREAS, the preliminary engineering plans were developed in a manner consistent with the
City's Circulation Element, Capital Improvement Program and Bikeways Master Plan; and
WHEREAS, the City Council has reviewed a Staff Report and the Mitigated Negative
Declaration at their meeting on February 19, 2013 prior to taking action on the project; and
WHEREAS, the location and custodian of the Mitigated Negative Declaration and other
documents that constitute the record of proceedings for the project is the Public Works Department,
100 Civic Plaza, Dublin, CA, 94568 Attn: Ferd Del Rosario,
NOW, THEREFORE, BE IT RESOLVED that the City Council finds that on the basis of the
whole record before it (including the Revised Initial Study, comments and responses) that there is no
substantial evidence that the project as mitigated will have a significant effect on the environment and
that the Mitigated Negative Declaration reflects the City's independent judgment and analysis.
BE IT FURTHER RESOLVED that after reviewing and considering the Mitigated Negative
Declaration and the preliminary engineering plans, the City Council of the City of Dublin does hereby
adopt the Mitigated Negative Declaration (including the Mitigation Monitoring and Reporting Program)
for the Dougherty Road Improvements Project and approves the preliminary engineering plans.
PASSED, APPROVED AND ADOPTED this 19th day of February, 2013, by the following vote:
AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
ATTEST:
City Clerk
Reso No. 19-13,Adopted 2-19-13, Item 7.1 Page 2 of 2
ll/r�%f
August 15, 2013
DUBLIN CITY OF
4W, LLC
2000 Victorine Lane
100 Civic Plaza Livermore, CA 94550
DU lin, California 91568 Re: Dougherty Road Improvements Project
Phone: (925) 83:3-6650 Site Address: 52,71-6309 Dougherty Road, Dublin, CA
Fax: (925) 833.6651 APN: 941-0550-007-1
Dear Property Owner:
Associated Right of Way Services„ Inc., (ARMS) has been retained by the City of Dublin
(City) to assist in acquiring proposed acquisition of permanent and temporary property
interests in connection with the Dougherty Road Improvements Project (Project). This
letter and accompanying paperwork contains material related to the City's offer to
purchase property for this public project.
Attached for your review are the following documents:
1. Appraisal Summary Statement and Summary of the Basis of Must Compensation
(1)
2. Summary Statement Relating to the Purchase of Peal Property or an Interest
Therein (1)
3. Property Purchase Agreement(3)
4. Grant Deed (1)
5. Temporary Construction Easement Deed(1)
6. Property Acquisition Information Pamphlet(1)
Please review the documents closely. The offer in the amount of$606,000.00 is made in
accordance with the requirements of Section 7267.2 of the Government Code and!
represents the value of the property interests proposed to be acquired as determined by
an independent state licensed and certified appraiser. If there is a lessee in possession
City 5)833-l of the property and improvements are being acquired, or an other holder of an interest
I92s,1 aa3-��sc p p y p g q y
City Manager in the subject property, an offset statement or equivalent declaration would be required to
(925)833.6650 confirm respective ownership of those improvements. Quitclaim Deeds from any lessees
Community Development or other interest holders as to the area being acquired whether or not improved may also
(925)833.6610 be necessary.
Fconomic Development
(925)333.6650 We are prepared to meet and discuss the proposed acquisition with you at your
r:inance/Admin Services convenience. The ARMS consultant assigned to assist you is Joe Nlagdaleno. He can
(925)8316640 be reached at(925) 691-6500. The City will assist in processing all documents, including
Fire Prevention providing notary public services, and escrow. Expenses incidental to transfer of title to
(925)833.6606 the City are paid by the City and these are detailed in the Purchase Agreement.
Human.Resources
(925)833-6605 Sincerely,
� .
Parks&Community Services
19251556-450r1
Police
(925)833-66701
Public Works/Engineering Andrew Russell
{925)833-6630 City Engineer
Enclosures (3)
Dublin
bAd cc: Joe Magdaleno- ARI'A'S
2011
\vvvNv.dubIin,ca.cgov
CITY OF DUBLIN
APPRASAL SUMMARY STATEMENT'AND APN: 941-0550-007-1
SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)
BASIC PROPERTY DATA
OWNER: 4W, LLC, A California Limited Liability Company
PROJECT: Dougherty Road Improvements Project
PROPERTY ADDRESS: 6271-6309 Dougherty Road, Dublin, California
DATE PROPERTY ACQUIRED BY OWNER: Over five (5) years
ZONJNG: PID 1411 ZU (Planned Development District)
PRESENT USE: Commercial Service Use
HIGHEST AND BEST USE @: Continued Use
TOTAL PROPERTY AREA: 1.19 Acres — 5,1,757 sf.
PROPERTY RIGHTS PROPOSED TO BE ACQUIRED:
Fee Simple: 10,019 sf.
Temporary Construction Easement: 3,049 sf.
DATE OF THIS VALUATION: May 2,8, 2013
BASIS OF VALUATION
The just compensation being offered by the City of Dublin (City) is not less than the City's approved appraisal
of the fair market value of the property. The fair market value of the property proposed for acquisition is based
on a fair market value appraisal prepared according to accepted appraisal procedures. Where appropriate,
sales of comparable properties and income data are utilized. Principal transactions of comparable properties,
where evaluated, are included herein on Page 6. The appraiser has given fulll and careful consideration to the
highest and best use for development of the property and to all features inherent in the property, including, but
not limited to,, zoning, development potential and the income the property is capable of producing,
California Code of Civil Procedure Section 1263.320 defines fair market value as follows'.
a.) The fair market value of the property taken is the highest price as the date of valuation that
would be agreed to by a seller, being willing, to sell but under no particular or urgent
necessity for so doing, nor obliged to sell, and a buyer, being!, ready, willing and able to buy
but under no particular necessity for so doing, each dealing with the other with full
knowledge of all the uses and purposes for which the property is reasonably adaptable and
available.
b.) The fair market value of property taken for which there is no relevant, comparable market is
its value on the date of valuation as determined by any method of valuation that is just and
equitable.
Page I of 9
CITY OF DUBLIN
APPRASAL SUMMARY STATEMENT AND APNI: 941-05,50-007-1
SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)
Value of the Entire Property: $ 2,900,000
Value of the Property Rights proposed to be acquired:
A. Fee Simple Land and included improvements: $ 247,433
1,014 sf x$20/sf x 85%0 (encumbered) = $17,238
9,005 sf x$20/sf x 100% (unencumbered) = $180,100
Site Improvements
Paving: 10,019sfx $5/sf= $50,095
B. Improvements Pertaining to the Realty 0: $ N/A
C. Permanent Easement: $ N/A
D. Temporary Construction Easement $ 3,048
3,049 sf x$20/sf x 83%x 6 months = '$3,048
$ 250.481
(Sum of items A — D)
Value of the Remainder as part of the whole indicated by Income
Approach before the City's proposed acquisition: $ 2,543,352
Value of the Remainder as a separate parcel indicated by Income
Approach after the City's proposed acquisition: $ 2,191,807'
Severance Damages 3:
E. Cost to Cure Damages: $ 3,475
..... ,Square,fit/ Replacement, Less
I'ma
site;Improwments ",Value;,
Removal of Fencing (Sq. Ft.) 80 x $45.00 50% p $11,800
Fencing Demolition Costs 80 X $3.50 N/A $280
Paint over existing striping 55 x $15.00 N/A $825
Re-stripe parking spaces 38 X $15.00 N/A $570
Total Damages -Cost to Cure: $3,475
F. Incurable Damages: $^ 351,545
($2,543,352 - $2,191,807)
Total Damages: $ 355,020_
(Sum of items E&F)
Benefits@: $ Not Quantified
Page 2 of 9
CITY OF DUBLIN
APPRASAL SUMMARY STATEMENT AND AMT': 941-0I550-007-1
SUMMARY OF THIE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)
THE FOLLOWING INFORMATION IS BASED ON THE PARRALAgq LlS"I�IrC�I ,IVPL�
THE FOLLOWING INFORMATION IS BASED ON THE ENTIRE SUBJECT PARCEL
1. The Sales Comparison approach is based on the consideration of
comparable land and improved sales.
Indicated value by Sales Comparison Approach- $ 2,948,000
See attached sheet for principal transactions
2. The cost, approach is based in part on a replacement cost new of
improvements less depreciation. Cost information was obtained frorn
cost service publications and/or knowledgeable vendors.
Total Replacement Cost New $ 2,223,155
Depreciation from all causes $_(958,117)
Value of Improvements in Place $ 185,925
Land (estimated by direct sales comparison) $ 1,035,140
(51,757 sf x 20,00 so
Indicated Value by Cost Approach $ 2,491 113
3,, The income approach is based on an analysis of income and
expenses to the property.
Overall, Capitalization Rate 7,25%
Net Operating Income $ 184,393
Indicated value by Income Approach $ 2,543,0100
Severance Damages 3
In addition to determine the market value of the parcel(s) sought to be acquired severance damages were
considered. Severance damages are determined based on whether or not the remainder would be diminished
in value by reason of the proposed acquisition and/or by the construction of the improvement in the manner
proposed. Sorne severance damage may be mitigated or entirely eliminated by estimating the cost to cure the
damage. Where severance damages are found, offsetfing benefits are determined. (See Page 9 — Benefits
defined.) Under California law, benefits can only be offset against severance, damages. If no severance
damages are found, there is no application of offsetting benefits.
JUST COMPENSATION FOR ACQUISITION: $ 6K501
Rounded to,: $ _606,000
Page 3 of 9
CITY OF DUBLIN
APPRASAL SUMMARY STATEMENT AND APN: 941-0550-007-1
SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)
SUMMARY OF THE BASIS FOR ju,s"r COMPENSATION
Narrative summary of the valuation Process supportinclqompernsation
The Contractor will install new driveway approaches along Dougherty Road for access to the subject property.
Additionally, curb, gutter and sidewalk will', be installed along the subject street frontage, and' utilities will be
relocated.
The Dougherty Road Improvements project will \�iden the roadway to six travel lanes for approximately 1.9
miles from Sierra Lane to the North City Limit, and include bicycle lanes and a raised landscaped median.
Preliminary engineering and environmental approval was completed in February 2013. Subject to availability of
funds and Council approval, right of way acquisition and utility relocation Could start in the summer of 2013.
Roadway construction of the section between Sierra Lane and Amador Valley Boulevard will begin the
following year.
The Dougherty Road Improvements project will require fee simple acquisition area, is 30 feet in width, located
along the westerly property line of the subject larger parcel, and contains approximately 10,019 square feet. A
small portion near the northerly boundary of the proposed fee simple parcel appears to be encumbered by
easements in favor of'PG&E and Alameda County Flood Control, based on a plat map provided by the Client.
A temporary construction easement (TCE) is also required from the subject property, The TCE is 1:10 feet in
width, located adjacent to the east of the proposed fee simple parcel, and contains approximately 3,049 square
feet. A small portion near the northerly boundary of the proposed TCE appears to be encumbered by
easements in favor of PG&E and Alameda County Flood Control. The TCE is required for a 6 month: period
from the start of construction, ending no later than December 30, 2015
Site improvements located in the proposed acquisition areas include asphalt paving, striped parking spaces
and an advertising sign showing the tenants, of the subject building facing Dougherty Road,
The subject site is located at 6271-6309 Dougherty Road, on the east side of Dougherty Road, north of Dublin
Boulevard in the City of Dublin. According to public records, the site is 1.19 acres, or 51,757 square feet in
size. It is identified by the Alameda County Assessor as APN 941-0550007-01.
The property currently has approximately 343 linear feet of frontage along Dougherty Road, The site is level in
topography and triangular in shape. All utilities are available to the site. The site is paved in asphalt and
contains 55 marked and striped parking spaces. There are also two fenced yard areas used for parts and
vehicular storage. The western portion of the site nearest Dougherty Road contains 34 parking spaces which
serve the retail and cornmercial service component of the subject property, including one handicap parking
stall. The northern portion of the site contains 15 parking spaces, while the eastern portion of the site contains
6 parking spaces.
The building is divided into a number of units of varying size and use. Facing the street frontage of Dougherty
Road, along the western portion of the building, are three commercial service units with a mixture of
retail/office and warehouse components. Overall:, the subject building appears to be well-maintained and in
average to good condition for its age and construction quality.
Page 4 of 9
CITY OF DUBLIN
APPRASAL SUMMARY STATEMENT AND APN: 941-0550-007-1
SUMMARY OF THE BASIS, FOR JUST COMPENSATION'
(Pursuant to Government Code Section 7267.2)
The three approaches to value have been utilized for the subject property, which resulted in the following value
indications,
Sales Comparison Approach $2,948,000
Income Approach: $2,543,000
Cost Approach: $2,491,0010
The Sales Comparison Approach was given the greatest weight due to the quality and quantity of the data
found in the market. The majority of properties similar to the subject property in the Dublin area appear to be
purchased by owner/users rather than investors, Owner/users tend to pay more than investors, all other things
being equal, because they are motivated by other non-realty factors. Historically, the subject had been
partially owner-occupied and would be conducive to an owner-occupant, at least in part. The comiparables are
of a similar size and utility to the subject and present a relatively narrow range of value indicators for the
subject.
The Income Approach was also given significant weight due to quality of lease information found in the market.
However, limited capitalization rate data was found, as the typical buyers of similarly sized commercial
service/light industrial properties in the Tri-Valley area are owner/users. Most of the capitalization data was
derived from properties which are more retail-oriented than the subject property.
The Cost Approach was given the least weight in arriving at a final value conclusion due to the age of the
subject improvements and the inherent difficulty in estimating depreciation from all causes,
The Cost and Income Approaches lend strong support to the Sales Comparison Approach.
Accordingly, with the three approaches weighted and the Sales Comparison Approach considered the most
supportable method, the estimated market value of the subject real property is concluded to be $2,900,000.
The fee simple acquisition area, also identified as "Parcel #1 (Proposed R.O.W. Widening)", is 30 feet in width,
located along the westerly properly line of the subject larger parcel, and contains approximately 10,01:9 square
feet. A small portion near the northerly boundary of the proposed acquisition parcel appears to be
encumbered by existing easements in favor of PG&E and Alameda County Flood Control, based on a plat map
provided by the Client.
According to the City of Dublin's Public Works Department, the fee simple acquisition parcel would be required
for dedication as a condition of development to the site's highest and best use as if vacant under the current
land use designation. Therefore, this area is valued under the Porterville premise of appraisal as a commercial
service use, since this use would not trigger the dedication requirements. The value for this type of land has
been previously determined to be $,20.010 per square foot of site area. Deductions have been made for areas
already encumbered by existing easements, Within these areas, the fee value is considered to have already
received a diminution in value, since a portion of the underlying property rights have already been
encumbered.
A temporary construction easement (TCE) required! from the subject property. The TCE is 10 feet in width,
located adjacent to the east of the proposed fee simple parcel!, and contains approximately 3,049 square feet.
A small portion near the northerly boundary of the proposed TCE appears to be encurnbered by existing
easements in favor of PG&E and Alameda County Flood Control, based on a plat map provided by the Client.
However, since the TCE will require surface use of the underlying land, no deductions are made for any pre-
existing underground easements. The TCE is required for a six month period from the start of construction,
ending no later than December 30, 2015.
Page 5 0f9
CITY OF DUBLIN
APPRASAL'SUMMARY STATEMENT AND APN: 941-0550-007-1
SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)
The paving is newly installed and in good condition. This paving was replaced between August 30 and
September 9 of 2012. A total of 50,013 square feet of paving was installed for $93,049.50, based on a receipt
provided by the owner. This included removing two to three inches of existing asphalt, adding a base layer,
applying a tack coat, installing and compacting the asphalt, applying an oil-based sealer and installing parking
lines. The cost of this recent installation was $1.35 per square foot of site area. The asphalt on the subject is
considered new with very little depreciation,
The City of Dublin will not be acquiring the sign because the owner of the subject property is responsible for
relocating the sign at their expense. This relocation requirement came as a result of the City's zoning
administrator approving a variance request in PA 90-0012 onl March 13, 1990 to allow the sign to be located
within the future right-of-way of Dougherty Road, The resolution of the zoning administrator states that "As
conditioned', the sign would be removed or relocated at the owner's expense when the Public Works Director
determines it necessary for future road widening."
In the after condition, the subject property will lose approximately 16 parking spaces along the Dougherty Road
frontage, Additionally, due to the lack of space between the building and the closer alignment of Dougherty
Road, approximately three of the existing eight spaces in front of the building will be lost due to the angle of the
spaces. used on information provided by the client, three, parking spaces can Ibe added in the northeastern
corner of the site, near the existing PG&E easement area. Additionally, it appears that four spaces can remain
at the front of the building near the northwestern portion of the site and three spaces near the southwestern
portion of the site, respectively. Along with the 15 parking spaces at the side of the building, and six spaces at
the rear of the building, the total number of estimated parking spaces in the after condition would be
approximately 36 parking spaces, including 15 directly in the front of the building and 15 along the north side of
the building which could be used for customer parking,
The Subject property in the after condition would not include enough legal parking spaces to conform to the
zoning ordin:ance. In order to conform to the zoning ordinance, some of the space in the building would be
reduced to a warehouse use, so that the parking requirement is met. Additionally, the parking would not likely
be enough to meet the requirements of market participants and the subject would likely attract fewer
commercial service oriented tenants due to the loss of on-site parking,
In order to meet the parking requirements in the zoning ordinance, approximately 5,000 square feet of service
retail or repair shop space could be reduced to a warehouse/storage only use. One option would be for the
auto-repair space to be downgraded to a warehouse use. This space is 4,400 square feet in size and contains
approximately 3,200 square feet of commercial service space operating as a mix of office and warehouse and
1,200 square feet of warehouse space used as a service garage. The number of spaces required for this
space Would be reduced from 14 spaces to 4 spaces, which would lower the legally required parking on the
site to 37 parking spaces.
,Page 6 of 9
CITY OF DUBLIN'
APPRA AL SUMMARY STATEMENTAND APN: 941-0550-007-1
SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Govermnent Code Section 7267.2)
dales Data Staltllrrtar�
Commercial ial Service/Light Industrial Btuildln, Sales Data
I�/�
f � ��� r���� �ir��i�, , ,i I'1��� �i✓N�!��l//����/ ,� �/�/�, �#34u1�!CI�!L9,�'�Jf'711����
CB-01 28150 Mission Boulevard 2/8/2013 0.80
$1,175,000 147.
Hayward, CA 7,956 34,848 100%
0780-0626-001-15 1960 23%
CB-02 48081 Fremont Boulevard 12/3112012 0,65 $1!,175,000 S117.5Q
Fremont, CA 10„000 28,314 unknown
519-0850-078 1980 35%
CB-0'3 28722-28724 Mission Boulevard 9/21/2011 0.88 $1,918,630 19 6
Hayward, CA 10,000 38,300 80%
0780-0461-005 1970 26%
CB-04 6080 DubPin Boulevard 8/1912011 1.64 $3,000,000 1114.17
Dublin, CA 22,360 71,473 Unknown
941-055'0-039-03 1997 31°7fl
CB-05 2400-2420 Prune Avenue 4122/2011 1.73 $2,500,.000 129.98
Fremont, CA 19,234 75,359 0%
519.1310-010-06 1962 26%
CB-06 2250 Sari Ramon VOey Blvd 3/8/2011 1.20 $2,425,000 $173.21
San Ramon, CA 14,000 52,272 33%
218-080-028 1972 27%
Subject 6271-6309 Dougherty Road DOV 1.00 NIA NIA.
Dublin, CA 512812013 18,422 51,757 —26-30%
941-0560-0,0'7-01 1973 36%
Page 7 of 9
CITY OF DUBLIN
APPRASAL SUMMARY STATEMENT AND APN: 941-0550-007-1
SUMMARY OF THE BASIS FOR JUST COMPENSATION!
(Pursuant to Government Code Section 7267.2)
Land Sales Data Summary
Commercial Land Sales Data
. ..................... . .... ........
Cl.-01 28218 Julia Street 12/21120 $488,255 13.50
SW side of Industrial Boulevard 36,167 Industrial
Hayward, CA Indusirial Corridor
456-0051-008.02
�01.-02 889 E.Airway Boulevard 912712012 2.01 $800,000 9.12
Lkermore, CA 87,731 CS
099-0130-003 HC
CL-03 2850 Las Positas Road 9/10/2012 1.46 $950,000 '14.93
Livermore, CA 63,631 PDC-00-199
099-0015-058 CS CC
CL-04 7201 Amador Valley Boulevard 7/31/2012 0,35 $325,000 121.12
Dublin, CA 15,388 Downtown Dublin
941-0210-035 Downtown Dublin-
Village.Parkway
CL-05 SWC Hacienda Drive&Dubbin Boulevard 2014-March 14.32 $14,200,000
Dublin, CA PENDING 623,894 PA-85-018
986-0033-007 2012-May Campus 5-ffi-ce
Subject 6271-6309 Dougherty Road DOV 1.19 N/A NIA
DubIln, CA 512812013 51,75'7 PD 1411 ZU
941-0550-007-01 MedlUm/High-
Density Residential
PorteMlle:Assume
Commercial Service
Page 8 of 9
CITY OF IDUBLIN
APPRASAL SUMMARY STATEMENT AND APIA: 941-0550-007-1
SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)
...................
DEFINITIONS*
H'ig�hest and Best Use Analysis
Highest and best use is defined as the reasonably probable use of land which is legally
permissible, physically possible, and financially feasible that results in the highest value. Highest
and best use analysis is used in the appraisal process to identify comparable, properties and,
where applicable, to determine whether the existing improvements should be retained,
renovated, or demolished.
(D Improvements Pertaining to the Realty (if any)
Machinery, Fixtures and Equipment identified here were separately valued as improvements
pertaining to the realty. Prior to escrow close, owner and lessee must agree (and confirm in
writing) as to ownership of said improvements pertaining to the realty,
0 Severance Damages (Applies to Proposed Partial Acquisitions)
The appraisal also determines whether or not the City's proposed acquisition results in
damages to the remaining property. The basis for this determination is whether or not the value
of the remainder is diminished by reason of the anticipated acquisition of the property interest
being acquired and the construction of the improvement in the manner proposed. Severance
Damages may be mitigated or entirely eliminated by estimating the cost to cure the damages,
(Cost to Cure)
G) Benefits (Applies to Proposed Partial Acquisitions)
Benefit to the remainder is the benefit, if any, caused by the construction and use of the project
for which, the property is acquired in the manner proposed,
*These definitions are general and provided to assist in the discussion related to the proposed acquisition. They are not
intended to be legal definitions,
An owner-occupant of a residential property containing four (4) units or less has a right to review the appraisal
on which the written offer to purchase is based.
Appraisal Summary and Offer of Just Compensation
Authorized and Approved for Presentation:
City of Dublin .,
I X,
By:
Andrew" Russell
Title: City Engineer
3
Date:
-- ---4k,
Page 9 of 9
CITY OF DUBLIN
SUMMARY STATEMENT RELATING TO THE PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN
The City of Dublin (City) is proposing to purchase real property or interests therein in connection with the
Dougherty Road Improvements Project ("Project").
Your property located at 6271 — 6309 Dougherty Road, Dublin, California, is within the project area and
identified by your County Assessor as Parcel Number 941-0550-007-1.
Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the
California Relocation Assistance and Real Property Acquisition Guidelines require that you, as an owner
from whom a public agency proposes to purchase real property or an interest therein or as a tenant
owning improvements on the property must be provided with a summary of the appraisal of the real
property or interest therein, as well as the following information:
1. You are entitled to receive full payment prior to vacating the real property proposed to be purchased
unless you waive such entitlement. You are not required to pay recording fees, transfer taxes, or the
pro rata portion of real property taxes allocable to any period following the passage of title or
possession.
2. The City will offer to purchase any remnant(s) considered by the City to be an uneconomic unit(s)
which is/are owned by you or, if applicable, occupied by you as a tenant and which is/are contiguous
to the land being conveyed.
3. All buildings, structures and other improvements affixed to the land described in the referenced
document(s) covering this transaction, and which are owned by you as owners or tenants of the real
property proposed to be acquired will also be conveyed unless other disposition of these
improvements has been made. The real property interests proposed to be acquired are: 10,019 Fee
Simple, 3,049 square foot Temporary Construction Easement, and any and all rights, title and
interest, including but not limited to, easements for ingress and egress located south of the fee simple
area being acquired in this transaction. The easement areas are described in the Property Purchase
Agreement and in the Appraisal Summary Statement and Statement of the Basis of Just
Compensation delivered contemporaneously with this document.
4. The market value of the property proposed to be acquired is based upon a market value appraisal
which is summarized on the attached Appraisal Summary Statement and such amount:
A. Represents the full amount of the appraisal of just compensation for the property proposed to be
purchased;
B. Is not less than the approved appraisal of the fair-market value of the property as improved;
C. Disregards any decrease or increase in the fair-market value of the real property proposed to be
acquired prior to the date of valuation which might be caused by the Project itself or by the
likelihood that the property would be acquired for or in connection with the Project, other than that
due to physical deterioration within the reasonable control of the owner or occupant; and
D. Does not reflect any consideration of or allowance for any relocation assistance and payments or
other benefits which the owner is entitled to receive under an agreement with the City.
5. If you are the owner of a business conducted on a property proposed to be acquired, or conducted on
the remaining property which will be affected by the purchase of the required property, you may be
entitled to compensation for the loss of goodwill. Entitlement is contingent upon the owner and/or
lessee's ability to prove such loss in accordance with the provisions of Sections 1263.510 and
1263.520 of the Code of Civil Procedure.
6. If you ultimately elect to reject the City's offer for your property, you are entitled to have the amount of
compensation determined by a court of law in accordance with the laws of the State of California.
CITY OF DUBLIN
SUMMARY STATEMENT RELATING TO THE PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN
7. Pursuant to California Code of Civil Procedure Section 1263.025, should you elect to obtain an
independent appraisal, City will pay for the actual reasonable costs up to $5,000 subject to the
following conditions:
A. You, not City, must order the appraisal. Should you enter into a contract with the selected
appraiser, City will not be a party to the contract.
B. The selected appraiser must be licensed with the Office of Real Estate Appraisers (OREA).
C. Appraisal cost reimbursed requests must be made in writing, and submitted to the City of Dublin
at 100 Civic Plaza, Dublin, CA, 94568 within 90 days following completion of the appraisal.
Copies of the contract (if a contract was made), appraisal report or summary statement of
valuation data, and invoice for completed work by the appraiser must be provided to City
concurrent with submission of the appraisal cost reimbursement request. The costs must be
reasonable and justifiable.
8. Because the City's schedule anticipates use of the property within two (2) years of its acquisition, City
does not offer to lease this property back to you after acquiring it.
GRANTOR: 4W, LLC,A CALIFORNIA LIMITED LIABILITY COMPANY APN: 941-0550-007-1
Project Name: Dougherty Road Improvements
CITY OF DUBLIN
PROPERTY PURCHASE AGREEMENT
In consideration of the terms and conditions set forth in this Property Purchase Agreement (the
"Agreement") 4W, LLC, a California Limited Liability Company ("GRANTOR") shall deposit in
an escrow designated by the CITY OF DUBLIN, a Municipal Corporation ("CITY"), a Grant
Deed suitable for recordation and conveying from GRANTOR to CITY fee simple title as
indicated in Exhibits "A" and "B", incorporated herein by this reference; and a Temporary
Construction Deed suitable for recordation and conveying from GRANTOR to CITY any and all
rights as indicated in Exhibits "A" and "B", incorporated herein by this reference.
In consideration of which, and the other considerations hereinafter set forth, it is mutually
agreed as follows:
1. Entire Agreement
The parties have herein set forth the whole of their agreement. The performance of this
Agreement constitutes the entire consideration for the Grant Deed and Temporary
Construction Easement and shall relieve CITY of all further obligations or claims on this
account or on account of the location, grade, construction or operation of the proposed
public improvement.
2. CITY shall
A. Pay the sum of SIX HUNDRED SIX THOUSAND AND NO/100 DOLLARS
($606,000.00) for the property identified in Exhibits attached hereto and made a
part hereof, to the following title company: North American Title Company, for the
account of the GRANTOR, Escrow No. 941-0550-007-01 conditioned upon the
property vesting in CITY free and clear of all liens, leases, encumbrances,
recorded or unrecorded, assessments and taxes except any exceptions to title
which are acceptable to CITY as said exceptions are identified in the title report
relating to the subject property issued by the above Title Company bearing the
escrow number shown in clause 2A and dated January 31, 2012, and updates
thereof. Clearing of any title exceptions not acceptable to CITY is the
responsibility of GRANTOR.
B. Pay all escrow, recording and title insurance charges, if any, incurred in this
transaction.
C. Have the authority to deduct and pay from the amount shown in clause 2A above
any amount necessary to satisfy any liens, bond demands and delinquent taxes
due in any year except the year in which this escrow closes, together with
penalties and interest thereon, and/or delinquent and unpaid non-delinquent
assessments, which may have become a lien at the close of escrow. Taxes for
the tax year in which this escrow closes shall be cleared and paid in the manner
required by Section 5086 of the Revenue and Taxation Code if unpaid at the
close of escrow. Close of escrow for this transaction shall be contingent upon
the title company receiving deeds of reconveyance from any deed of trust or
mortgage holder trustees and beneficiaries.
Page 1
GRANTOR: 4W, LLC,A CALIFORNIA LIMITED LIABILITY COMPANY APN: 941-0550-007-1
Project Name: Dougherty Road Improvements
D. The consideration set forth in clause 2A herein shall include payment in full for
the following improvements: All buildings, structures and any other improvements
affixed to the land which id owned by you as owner or tenant of the real property
proposed to be acquired will also be conveyed unless other disposition of these
improvements has been made. The real property interests proposed to be
acquired are: Fee Simple and a Temporary Construction Easement as described
in the attached exhibits.
3. Temporary Construction Easement
A. GRANTOR agrees for the considerations herein to grant said easement to CITY
and to permit and allow CITY, its agents and/or contractors to enter upon
GRANTOR'S Property on a temporary basis. Said temporary permit shall be for
the construction of the Project for a six (6) month period. Temporary
Construction Easement period is to commence with first entry on the Temporary
Construction Easement ("TCE") area by CITY'S agents or contractors. At least
48 hours advanced written notice will be given before any entry on the TCE. The
amount set forth in clause 2A herein included full payment for TCE. This
permission becomes valid upon acceptance of this Agreement by City.
B. CITY agrees to promptly restore any damage to the construction easement area
and/or the parcels upon which the construction easement area is situated (and
the improvements located thereon) caused by CITY'S entry upon the
construction easement area or work performed in connection with the Project.
C. In the event GRANTOR sells, conveys or assigns any property interest,
encumbered by the Agreement prior to CITY exercising the rights granted herein,
GRANTOR shall notify the successor or assignor of the rights and obligations of
both parties as included herein.
D. CITY shall have the option to extend beyond the 6-month period referred to
above for a period not to exceed 6 months. A 30-day written notice will be given
to GRANTOR if the CITY elects to exercise its option for the additional term. The
CITY shall pay GRANTOR an additional sum at the rate of$508.00 per month for
the term of the option period.
4. Indemnification
CITY shall indemnify, defend, and hold harmless GRANTOR from and against all claims,
causes of action, damages, liabilities, cost and expenses (including reasonable attorney
fees and cost), arising from or related to CITY's use of the TCE area and exercise of CITY's
right under this agreement. The obligations of CITY under this paragraph shall not be
applicable to the extent of GRANTOR'S negligence or willful misconduct.
5. Miscellaneous Realty Items Acquired
It is understood and agreed by and between the parties hereto that payment in clause 2A
includes, but is not limited to, payment for 10,019 square feet of asphalt paving, which is
considered to be part of the realty and is being acquired by the CITY in this transaction.
Page 2
GRANTOR: 4W, LLC,A CALIFORNIA LIMITED LIABILITY COMPANY APN: 941-0550-007-1
Project Name: Dougherty Road Improvements
6. Permission to Enter GRANTOR'S Land for Construction Purposes
All work done under this agreement shall conform to all applicable building, fire and sanitary
laws, ordinances, and regulations relating to such work, and shall be done in a good
workmanlike manner. All structures, improvements or other facilities, when removed, and
relocated, or reconstructed by the CITY or its authorized agent, shall be left in as good
condition as found.
7. Payment of Deed of Trust
If this property is secured by a mortgage(s) or deed(s) of trust, GRANTOR is responsible for
payment of any demand under authority of said mortgage or deed of trust out of
GRANTOR'S proceeds. Such amounts may include, but not be limited to, payments of
unpaid principal and interest.
8. Escrow Instructions
GRANTOR hereby authorizes CITY to prepare and file escrow instructions in accordance
with this Agreement on behalf of both parties.
9. Hazardous Wastes
The acquisition price of the property being acquired in this transaction reflects the fair
market value of the property without the presence of contamination. If the property being
acquired is found to be contaminated by the presence of hazardous waste which requires
mitigation under Federal or State law, the CITY may elect to recover its clean-up costs from
those who caused or contributed to the contamination. GRANTOR shall further indemnify,
defend, save and hold harmless the CITY from any and all claims, costs and liability,
including reasonable attorney's fees, for any damage, injury or death to persons or property
arising directly or indirectly from or connected with the existence of toxic or hazardous
material on the property, save and except claims, costs or litigation arising through the sole
willful misconduct of the CITY, its agents or employees.
10. Right of Possession and Use
It is agreed and confirmed by the parties hereto that, notwithstanding the other provisions in
this Agreement, the right of possession and use of the subject property by CITY, and/or its
designees or assignees, including the right to remove and dispose of improvements, and
install and connect utilities, shall commence on or close of escrow;
whichever occurs first, and that the amount shown in clause 2A herein includes, but is not
limited to, full payment for such possession and use, including interest and damages if any,
from said date.
11. Binding on Successors and Assigns
This Agreement shall be binding on and inure to the benefit of the respective heirs,
successors and assigns of the parties to this Agreement.
Page 3
GRANTOR: 4W, LLC,A CALIFORNIA LIMITED LIABILITY COMPANY APN: 941-0550-007-1
Project Name: Dougherty Road Improvements
12. No Leases
GRANTOR warrants that there are no oral or written leases on all or any portion of the
property exceeding a period of one month, and GRANTOR further agrees to hold CITY
harmless and reimburse CITY for any and all of its losses and expenses occasioned by
reason of any lease of said property held by any tenant of GRANTOR for a period
exceeding one month.
13. Quitclaim Deeds
If any lessee interests are identified in clause 12 herein, as a condition precedent to
approval of this Agreement by the CITY Council, Quitclaim Deeds or similar releases
sufficient to clear any possessory rights from the subject property will be required.
GRANTOR agrees to assist CITY in securing said Quitclaim Deeds or releases.
14. Dismissal of Eminent Domain Action
GRANTOR hereby agrees and consents to the dismissal of any action in eminent domain by
the CITY as to the subject property or any portion thereof and GRANTOR also waives all
claims to court costs and any money that may now be on deposit in the Superior Court in
said action.
15. Approval of CITY
GRANTOR understands that this Agreement is subject to the approval of CITY. Further,
that this Agreement shall have no force or effect unless and until said CITY approval has
been obtained.
16. Authority to Sign
GRANTOR and the signatories represent and warrant that the signatories to this Agreement
are authorized to enter into this Agreement to convey real property and that no other
authorizations are required to implement this Agreement on behalf of GRANTOR.
17. Counterparts Signature
This Agreement may be executed in counterparts, each of which shall be an original, but all
counterparts shall constitute one agreement.
18. Specific Performance
In the event of a breach of this Agreement by GRANTOR, CITY shall be entitled to pursue
any and all remedies available to it against GRANTOR, including, without limitation, claims
for all damages attributable to GRANTOR's breach, and specific performance of this
Agreement.
Page 4
GRANTOR: 4W, LLC,A CALIFORNIA LIMITED LIABILITY COMPANY APN: 941-0550-007-1
Project Name: Dougherty Road Improvements
(As used above, the term, "GRANTOR" shall include the plural as well as the singular
number)
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first
written herein below.
CITY OF DUBLIN
A MUNICIPAL CORPORATION:
By:
Title:
Date:
GRANTOR:
4w, LLC,A CALIFORNIA LIMITED LIABILITY COMPANY
By:
Title:
Date:
NO OBLIGATION OTHER THAN SET FORTH HEREIN WILL BE RECOGNIZED
Page 5
RECORDING REQUESTED BY:
City of Dublin
WHEN RECORDED MAIL TO:
City Cleric
CITY OF DUBLIN
100 Civic Plaza
Dublin, CA 94568-0233
No Fee Required Government Code§27383
APN: 941-0550-007-1
Escrow No.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned Grantor hereby declares this instrument to be EXEMPT from Recording Fees(Govt. Code §27383)and
Documentary Transfer Tax(Rev. & Tax Code § 91922).
GRANT DEED
4W, LLC, A California Limited Liability Company does grant unto the CITY OF DUBLIN, a
municipal corporation and governmental agency organized under the laws of the State of
California, all right, title and interest in and to all that real property situate in the City of Dublin,
County of Alameda, State of California, described as follows:
ATTACH LEGAL DESCRIPTION AND PLATAS EXHIBITS "A"AND "B"
Dated:
By: By:
ATTACH NOTARIZATION
This is to certify that the interest in real property conveyed herein to the City of Dublin, a governmental agency,is
hereby accepted by Joni Pattillo, City Manager,and/or Andrew Russell,City Engineer, on behalf of the Dublin
City Council pursuant to authority conferred by Resolution No.24-87 of the Dublin City Council,adopted on
April 13, 1987,and the grantee consents to the recordation thereof by its duly authorized officer.
JONI FATTILLO, CITY MANAGER
AND/OR ANDREW RUSSELL, CITY ENGINEER
Dated: By:
PORTION OF
APN 941-0550-007-01
6289 DOUGHERTY ROAD
DUBLIN, CALIFORNIA
EXHIBIT A
LEGAL DESCRIPTION
Right-of-Way Acquisition
A Portion of the parcel of land described in the Grant Deed to 4W, LLC, a California Limited
Liability Company, filed on March 17, 2010, Document No. 2010-070842 in the Official Records
of Alameda County, State of California, more particularly described as follows:
COMMENCING at the most easterly corner of said 4W, LLC parcel (Doc. 2010-070842), said
point also being the point of intersection of the southwesterly line of Tract 7181, Scarlett Place,
fled November 13, 2001, Map Book 261 at Page 79, Alameda County Records with the
northerly line of Parcel Map 7537, filed October 12, 2001, Map Book 260, at Page 78, Alameda
County Records; thence, along the southerly line of said 4W, LLC parcel (Doc. 2010-070842),
said line also being said northerly line of Parcel Map 7537 (260 M 78), North 88°49'58"West,
346.29 feet to the northwest corner of Parcel 1 as shown on said Parcel Map 7537(260 M 78)
said point being the TRUE POINT OF BEGINNING; thence, leaving said southerly line (Doc.
2010-070842)and said northerly line (260 M 78), North 1013'02" East, 315.44 feet to a point on
the northeasterly line of said 4W, LLC parcel (Doc. 2010-070842) said line also being said
southwesterly line of Tract 7181 (261 M 79);thence, along said northeasterly line (Doc. 2010-
070842), North 46 028'47"West, 40.56 feet to a point on the direct extension north of the east
line of Dougherty Road, Formerly Alamo Road, as described in the Abandonment Resolution
No. 45662, filed April 16, 1946, in Book 4876 at Page 209, Official Records of Alameda County;
thence, along the easterly line of said Dougherty Road and its direct extension (4876 OR 209),
South 1013'02"West, 342.76 feet to a point on said southerly line of the 4W, LLC parcel (Doc.
2010-070842); thence, along said southerly line of 4W, LLC parcel (Doc. 2010-070842), said
line also being said northerly line of Parcel Map 7537 (260 M 78), South 88 049'58" East, 30.00
feet to the TRUE POINT OF BEGINNING.
CEO UANp st'1A
Containing an area of 0.23 acres, more or less, ti� M. rFp7h-
03/19/2013
Date No. 7893
o4�41�
LCC,INC.- CIVIL ENGINEERS/LAND SURVEYORS
930 ESTUDILLO STREET
MARTINEZ CA 94553 EXHIBIT A
925-228-4218 Page 1 of 9
EXHIBIT B PORTION OF
RIGHT-OF-WAY ACQUISITION APN 941-0550-007-1
59' — — PLAT MAP 6289 DOUGHERTY ROAD
TO ACCOMPANY LEGAL DESCRIPTION DUBLIN, CA.
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No. 7893
Wartinez, Carfomia 94553-1620
(925) 2284218 Fax (925) 228-4638
AB aF C6L14�4 03/19/2013 MARCH 2013
DATE SHEET 1 of 1 LCC JOB No. 2012.002.00
RECORDING REQUESTED BY:
City of Dublin
WHEN RECORDED MAIL TO:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568-0233
Exempt from recording fee per Govt. Code§27383
No Tax Due Exempt Transfer Rev&Tax Code§11922
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
4W, LLC, A California Limited Liability Company
PROPERTY PORTION OF APN 941-0550-007-1
6271-6309 DOUGHERTY ROAD, DUBLIN
DOUGHERTY ROAD IMPROVEMENTS
TITLE OF DOCUMENT
THIS PAGE HERE TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Government Code 27361.6)
Recorded at the request of:
City of Dublin
Return to:
City Cleric
City of Dublin
100 Civic Plaza
Dublin, CA 94568-0233
APN: Portion of 941-0550-007-1
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
For good and valuable consideration pursuant to that certain Property Purchase Agreement executed
by the parties hereto on or about the date hereof (AGREEMENT), the undersigned, 4W, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY (GRANTOR), hereby grants to the CITY OF DUBLIN, A
MUNICIPAL CORPORATION (CITY), and its successors and assigns a Temporary Construction
Easement, over, across, under and through the real property situated in the City of Dublin, County of
Alameda, State of California, described in Exhibit A, attached hereto (EASEMENT AREA) for public
road construction and conformance purposes related to the Dougherty Road Improvements
(PROJECT).
The CITY's rights under the easement granted hereby shall include, without limitation, the right
of the CITY, its officers, agents, contractors, and employees, and other governmental agencies
responsible for review or construction of any portion of the PROJECT and such agencies' officers,
agents, contractors, and employees, to enter upon the EASEMENT AREA with personnel, vehicles and
equipment for construction of the PROJECT, and all other activities related thereto, to remove all
improvements, trees and vegetation thereon that interfere with the purpose for which this easement is
granted, to conform the EASEMENT AREA to the PROJECT, and do any and all other actions
necessary and appropriate to the construction of the PROJECT.
If improvements in the EASEMENT AREA are removed pursuant to this Temporary
Construction Easement, such improvements will be reconstructed at the CITY's sole expense upon the
termination of the Temporary Construction Easement and will be restored to their original condition or
as close thereto as is feasible. If reconstruction is not feasible, the CITY will pay GRANTOR the value
of such improvements, which payment shall be in addition to the compensation set forth in the
AGREEMENT.
This Temporary Construction Easement is for a period of six (6) months, to commence upon
fourteen (14) days written notice from the CITY to GRANTOR, and shall terminate six (6) months after
such commencement. In the event the CITY occupies the Temporary Construction Easement area
beyond the six (6) months, the CITY shall pay GRANTOR, on a month-to-month basis, additional
compensation pursuant to the provisions of the AGREEMENT. In no event shall this Temporary
Construction Easement extend beyond the completion of construction. At no additional cost to the
CITY, the CITY shall have the right to enter upon GRANTOR's retained property, where necessary, to
Temporary Construction Easement
Page 1
I
reconstruct or perform any warranty or conformance works during or after the expiration of the
Temporary Construction Easement and any extension thereto and/or the completion of the PROJECT.
Said works include conforming driveways, walkways, lawn, landscaped and hardscaped areas,
irrigation systems, sidewalks or any area where reconstruction or warranty work on GRANTOR's
retained property is necessary.
All work performed by the CITY in the EASEMENT AREA shall conform to applicable building,
fire, and sanitary laws, ordinances and regulations relating to such work and shall be done in a good
and workmanlike manner.
The rights and obligations contained in this Grant of Temporary Construction Easement will (a)
run with the Property and burden, inure to and be for the benefit of and are binding on the Property,
Grantor and its successors and assigns, and be an equitable servitude of Grantor and its successors
and assigns, and (b) constitute an easement in gross for the benefit of the CITY and its successors and
assigns, and will be binding on the CITY and its successors and assigns.
IN WITNESS WHEREOF, this Grant of Temporary Construction Easement is signed and
executed on
GRANTOR:
4W, LLC, A California Limited Liability Company
State of California
County of
On before me, Notary Public,
personally appeared
who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument, and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature of Notary
Temporary Construction Easement
Page 2
PORTION OF
APN 941-0550-007-01
6289 DOUGHERTY ROAD
DUBLIN, CALIFORNIA
EXHIBIT A
LEGAL DESCRIPTION
Temporary Construction Easement
(TCE)
A portion of the parcel of land described in the Grant Deed to 4W, LLC, a California Limited
.Liability Company, filed on March 17, 2010, Document No. 2010-070842 in the Official Records
of Alameda County, State of California, more particularly described as follows:
A strip of land ten feet (10') in width, the westerly line of which is described as follows:
COMMENCING at the most easterly corner of said 4W, LLC parcel (Doc. 2010-070842), said
point also being the point of intersection of the southwesterly line of Tract 7181, Scarlett Place,
fled November 13, 2001, Map Book 261 at Page 79, Alameda County Records with the
northerly line of Parcel Map 7537, filed October 12, 2001, Map Book 260, at Page 78, Alameda
County Records; thence, along the southerly line of said 4W, LLC parcel (Doc. 2010-070842),
said line also being said northerly line of Parcel Map 7537 (260 M 78), North 88 049'58"West,
346.29 feet to the northwest corner of Parcel 1 as shown on said Parcel Map 7537 (260 M 78)
said point being the TRUE POINT OF BEGINNING; thence, leaving said southerly line (Doc.
2010-070842) and said northerly line (260 M 78), North 1013'02" East, 315.44 feet to a point on
the northeasterly line of said 4W, LLC parcel (Doc. 2010-070842) said line also being said
southwesterly line of Tract 7181 (261 M 79), said point being the terminus of the westerly line
herein described.
The easterly sideline of said strip lies parallel with and 10 feet(measured at right angles)
easterly of the above described line and is to be shortened or lengthened to begin and end at
said southerly and northeasterly lines of said 4W, LLC parcel (Doc. 2010-070842).
Containing an area of 0.07 acres, more or less. �o },AND sU 03/19/2013
LFpr �` Date
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No. 7893 �
saAT� OF �AtZFO4�ti�
LCC,INC.- CIVIL ENGINEERS/LAND SURVEYORS
930 ESTUDILLO STREET
MARTINEZ, CA 94553 EXHIBIT A
925-228-4298 Pago 1 of 1
EXHIBIT B PORTION of
TEMPORARY CONSTRUCTION EASMENT APN 941-0550-007-1
PLAT MAP 6289 DOUGHERTY ROAD
TO ACCOMPANY LEGAL DESCRIPTION DUBLIN, CA.
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Civil Engmeering - Land Surveying
930 Estudillo Street
Martinez, Col'rfomia 94553-1620
No. uses (925) 228-4218 Fax (925) 228-4638
OR CsU1 ' 03/19/2013 MARCH 2013
DATE SHEET 1 of 1 LCC JOB No. 2012.002.00
CITY OF DUBLIN
100 Civic Plaza
Dublin, CA 94568
(925) 833-660
PROPERTY OWNER'S INFORMATION
PAMPHLET
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
This is an informational pamphlet only. It is not intended to give a complete
statement of all State or Federal laws and regulations pertaining to the
purchase of your property for a public use,the relocation assistance program,
technical legal definitions,or any form of legal advice.
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
Introduction:
This informational handbook is provided by the City of Dublin
(City) to give you general information about property acquisitions
for projects. It is not intended to be a definitive summation of the
law or to provide specific advice. For such purposes, the City
recommends consulting your personal attorney or other advisor of
your choice.
What Right Does the City Have to Acquire My Property?
Every City has certain powers which are necessary for it to
operate effectively. For example, States have the power to levy
taxes and the power to maintain order. Another power is the
power to acquire private property for public purposes. This is
known as the power of eminent domain.
The eminent domain process begins with a public use project.
When selecting a project location, the goal is to render the
greatest public good and the least private injury or inconvenience.
If it is determined that all or a portion of your property may be
necessary for a public use project, the City will begin the appraisal
process to determine the property's fair market value.
The rights of each of us are protected, however, by laws such as
the Fifth and Fourteenth Amendments to the United States
Constitution, the State Constitution, and eminent domain laws.
These laws guarantee that if a City takes private property it must
pay "just compensation" to the owner. Further, the owner may
have additional protections, some of which are explained in this
informational handbook.
Title VI of the Civil Rights Act of 1964 (42USC 2000d et. seq.)
sets forth the policy of the United States, within constitutional
limits, to ensure that all services and/or benefits will be
administered without regard to race, color, national origin, or sex.
- 1 -
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
What is a "Public Use"?
A "public use" is a use that confers public benefits, like the
provision of public services or the promotion of public health,
safety, and welfare. Public uses include a wide variety of projects
such as street improvements, construction of water pipelines or
storage facilities, construction of civic buildings, redevelopment of
blighted areas, and levee improvements to increase flood
protection. Some public uses are for private entities, such as
universities, hospitals and public utilities, which serve the public.
What is "Just Compensation"?
"Just compensation" is generally considered to be fair market
value. The fair market value of the property taken is the highest
price on the date of valuation that would be agreed to by a seller,
being willing to sell but under no particular or urgent necessity for
so doing, nor obliged to sell, and a buyer, being ready, willing, and
able to buy but under no particular necessity for so doing, each
dealing with the other with full knowledge of all the uses and
purposes for which the property is reasonably adaptable and
available.
The fair market value of property taken for which there is no
relevant, comparable market is its value on the date of valuation
as determined by any method of valuation that is just and
equitable.
-2 -
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
How Will the City Determine How Much to Offer Me for My
Property?
Before making an offer of compensation to you the City will obtain
at least one appraisal by an independent, accredited real property
appraiser who is familiar with local property values. The appraiser
will inspect your property and provide the City with an appraisal
report stating his or her opinion of the fair market value of the
property rights to be acquired by the City. The appraisal report
will be reviewed by the City to confirm that the estimate of value is
fair.
The City is required to offer you just compensation for your
property. This amount, with limited exceptions, is the fair market
value of the property rights to be acquired.
How Does an Appraiser Determine Fair Market Value of My
Property?
Each parcel of real property is different and, therefore, no single
formula can be devised to appraise all properties. Among the
factors an appraiser typically considers in estimating the value of
real property are:
• The location of the property;
• The age and condition of improvements on the property;
• How the property has been used;
• Whether there are any lease agreements relating to the
property;
• Whether there are any environmental issues, such as
contaminated soil;
• Applicable current and potential future zoning and land use
requirements;
• How the property compares with similar properties in the
area that have been sold recently;
• How much it would cost to reproduce the buildings and
other structures, less any depreciation;
• How much rental income the property could produce; and
• Other factors affecting use of the property.
-3 -
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
Will I Have A Chance to Talk to the Appraiser?
YES. You must be contacted and given the opportunity to
accompany the appraiser on his inspection of your property. You
may then inform the appraiser of any special features which you
believe may add to the value of your property. It is in your best
interest to provide the appraiser with all the useful information you
can in order to insure that nothing of allowable value will be
overlooked. If you are unable to meet with the appraiser, you may
wish to have a person who is familiar with your property represent
you.
How Soon Will the City Give Me a Written Purchase Offer?
Generally, you should receive a purchase offer within 60 days of
the approved appraisal, however, the timing of a purchase offer
depends on the following factors:
1. The amount of work required to appraise your property;
2. The availability of funding;
3. Possible project delays caused by factors outside the control
of the City; and
4. Internal processing requirements and reviews.
-4 -
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
What is in the City's Statement of the Basis for Its
Determination of Just Compensation?
The City's statement of the basis for its determination of just
compensation, also referred to as an Appraisal Summary
Statement, must be provided to you with the written purchase
offer. Among other things, this statement will include:
• A general statement of the City's proposed use for the
property.
• An accurate description of the property to be acquired.
• A list of the improvements covered by the offer and any
conditions.
• The amount of the offer.
• An indication that the offer does not reflect any relocation
payments or other relocation assistance which you may
receive under other regulations.
• The recognized definition of the term "fair market value".
The City is only required to show you a copy of the full appraisal
if your property is an owner-occupied residential property with
four or fewer residential units. Otherwise, the City may, but is not
required, to disclose its full appraisal during negotiations (though
different disclosure requirements apply during the litigation
process if the issue of fair market value is litigated.)
Can I Have My Own Appraisal Done?
YES. You may decide to obtain your own appraisal of the
property in negotiating the fair market value with the City. At the
time of making its initial offer to you, the City must offer to
reimburse you the reasonable costs, not to exceed $5,000, of an
independent appraisal of your property. To be eligible for
reimbursement, the independent appraisal must be conducted by
an appraiser licensed by the State Office of Real Estate
Appraisers. Please discuss the reimbursement process with the
City's acquisition representative.
-5 -
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
Does the City Consider Buildings, Structures, and
Improvements?
Sometimes buildings, structures, or other improvements
considered to be real property are located on the property to be
acquired. If this is the case, the City must offer to acquire
buildings, structures, or other improvements if they must be
removed or if the City decides that the improvements will be
adversely affected by the public program or project.
When an improvement can be considered real property if owned
by the owner of the real property on which it is located, then this
improvement will be treated as real property.
Does the City Consider Tenant-Owned Buildings, Structures
and Improvements?
Sometimes tenants lease real property and build or add
improvements for their use. Frequently they have the right or
obligation to remove the improvements at the expiration of the
lease term. If, under State law, the improvements are
considered to be real property, the City must make an offer to the
tenants to acquire these improvements.
In order to be paid for these improvements, the tenant-owner
must assign, transfer, and release to the City all right, title, and
interest in the improvements. Also, the owner of the real
property on which the improvements are located must disclaim
all interest in the improvements.
Just compensation for an improvement will be the amount that
the improvement contributes to the fair market value of the whole
property, or its value for removal from the property (salvage
value), whichever is greater.
-6 -
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
May I Keep Any of the Buildings or Other Improvements on My
Property?
Very often, many or all improvements on a property are not
required by the City. This might include such items as a fireplace
mantel, your favorite shrubbery, or even an entire house. If you
wish to keep any improvements, please let the City know as soon
as possible. Retention of improvements by the property owner
will require an appropriate adjustment to the purchase price.
Must I Accept the City's Initial Offer?
NO. You are entitled to present your evidence as to the amount
you believe is the value of your property and to make suggestions
for changing the terms and conditions of the offer. The City must
make reasonable efforts to consider and respond to your
evidence and suggestions.
May I Have Someone Represent Me During Negotiations?
YES. If you would like an attorney, real estate agent, or anyone
else to represent you during negotiations, please so inform the
City in writing. However, state law does not require the City to
pay the costs of any such representation.
If I Agree to Accept the City's Offer, How Soon Will I Be Paid?
If you reach a voluntary agreement to sell your property and your
ownership (title) is clear of encumbrances, payments will be made
at the earliest possible date or a mutually acceptable time.
Generally, this should be possible within 90 days after you sign a
purchase contract. If your ownership is not clear, you may have
to pay the cost of clearing title sufficiently to convey clear title on
your property. (Title evidence is basically a legal record of the
ownership of the property. It identifies the owners of record and
lists any restrictive deed covenants and recorded mortgages liens,
and other instruments affecting your ownership of the property.)
-7 -
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
What Advantages are there in Selling My Property to the
City?
A real estate transaction with the City is typically handled in the
same way as the sale of private property. However, there may be
a financial advantage to selling to the City.
• You will not be required to pay for title costs,
preparation of documents, title policy or recording
fees required in closing the sale. The City will pay all
these costs.
• Although the City cannot give you tax advice or
direction, you might also be eligible for certain
property and income tax advantages. You should
check with the Internal Revenue Service (IRS) for
details or consult your personal tax advisor.
Will I Have to Pay any Settlement Costs?
You will not be responsible for the reasonable and necessary
costs of typical services required to complete the sale, recording
fees, transfer taxes, and any similar expenses which are
incidental to transferring ownership of your property to the City.
Can the City Acquire Only a Part of My Property?
In general, when only a part of your property is needed, every
reasonable effort is made to ensure you do not suffer a financial
loss to the "remainder" property. The City will pay you the fair
market value of the property being taken as well as compensation
for any loss in value to your remaining property that is not offset
by the benefits conferred by the project. The compensation for
the loss in value to your remaining property is often referred to as
"severance damages."
Also, if any remaining part is of such a size, shape, or condition as
to be of little market value, the City will offer to acquire that
remaining part (or remnant)from you, if you so desire.
-8 -
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
How Soon Must I Move?
Every reasonable effort will be made to give you ample time to
relocate after the acquisition of your property. In most cases, a
mutually satisfactory arrangement can be worked out. Except in
an unusual instance where there is an urgent need for your
property, you cannot be required to move from your residence or
to move your business or farm operation without at least 90 days
advance written notice of the date by which your move is required.
If you reach a voluntary agreement to sell your property, you
cannot be required to move before you receive the agreed
purchase price. In the case of a condemnation, you cannot be
required to move before the estimated fair market value of your
property has been deposited with the court (or into escrow) so
that you can withdraw your share.
If you are being displaced from your residence, decent, safe and
sanitary replacement housing must be available before you can
be required to move.
Will I Receive Assistance with Relocation?
YES. If eligible and, in addition to any compensation paid through
the property acquisition process, the City will provide relocation
advisory and financial assistance for eligible relocation expenses,
such as moving expenses. The amount of relocation expense is
determined on a case-by-case basis in accordance with the
Federal Uniform Act and State Guidelines. A Relocation
Assistance Program brochure describing relocation benefits will
be available from the City if the project proceeds. Relocation
benefits are handled separate and apart form the determination of
the property's fair market value and are not part of the eminent
domain process.
No relocation payment received will be considered as income for
the purpose of the Internal Revenue Code of 1954.
-9 -
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
What Will Happen to the Loan on My Property?
Where the City is acquiring the entire property, generally the
compensation payable to the owner is first used to satisfy
outstanding loans or liens as in a typical real estate transaction.
Where less than the entire property is being acquired, whether
outstanding loans or liens are paid from the compensation will
depend on the particular facts and circumstances.
I'm A Veteran, How About My GI Loan?
After your GI home mortgage loan has been repaid, you may be
permitted to obtain another GI loan to purchase another property.
Check on such arrangements with your nearest VA office.
If My Property, which the City is Acquiring, is Worth More
Now than When I Bought it, Must I Pay Capital Gains Tax on
the Increase?
It is recommended that you consult your tax advisor or the
appropriate tax agencies if you have questions concerning these
issues. Also, Internal Revenue Service (IRS) Publication 544,
"Sales and Other Dispositions of Assets", is available from the
IRS. (NOTE: The number of this publication may change from
time to time.) It explains how the Federal income tax would apply
to a gain or loss under the threat of condemnation for public
purposes. If you have any questions about the IRS rules, you
should discuss your particular circumstances with your personal
tax advisor or your local IRS office. The State of California
Franchise Tax Board should be able to provide information
regarding any State tax due, if any, resulting from the purchase by
the City.
- 10-
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
Won't My Property Taxes Increase Substantially When I
Purchase A New Home Because of the Proposition 13 Re-
Assessment Formula?
NO. Not as long as the replacement property's purchase price
does not exceed 120% of the sales price for the acquired
property. Section 2(d) of Article XIIIA of the California
Constitution provides that property tax relief shall be granted to
any real property owner who acquires comparable replacement
property after having been displaced by the City. If the full cash
value of the comparable replacement property does not exceed
120% of the purchase price or the court judgment of the property
acquired or taken, then the adjusted base year value of the
property acquired or taken shall be transferred to the comparable
replacement property. An application for this property tax relief
adjustment must be filed with the County Office Assessor's Office
as soon as possible after the settlement of the purchase of the
replacement property, governmental acquisition or condemnation
proceedings. Contact the County Assessor's office and/or your
tax advisor with questions you may have regarding this real
property tax relief provision.
Will I Be Compensated for the Loss of Goodwill for My
Business?
If you own a business located and conducted on the real property
to be acquired, you may have a right to claim compensation for
loss of goodwill. Please discuss with the City's acquisition
representative.
Is it Possible to Donate My Property to the City?
YES. However, prior to accepting a donation, the City must
inform the owner in writing of their right to receive an appraisal
report of the market value of their real property being donated.
The property owner must indicate in writing that although he/she
understands he/she cannot be required to sell his/her property for
less than just compensation, he/she voluntarily agrees to do so or
to contribute the property without payment of compensation. You
are advised to consult with a tax advisor and lender(s) prior to
making a donation.
- 11 -
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
What Happens if I Don't Agree to the Purchase Offer by the
City?
The City, to the greatest extent practicable, will make every
reasonable effort to acquire your property by negotiated purchase.
If, however, the negotiations are unsuccessful, the City may either
file an eminent domain action in a court located within the same
county where your property is located or it may decide to abandon
its intention to acquire the property. If the City abandons its
intention to acquire, it will promptly notify you.
If the City proceeds with eminent domain, the first step is for City
staff to request authority from the City Council to file a
condemnation action. The approval from the City Council is called
a "Resolution of Necessity." In considering whether condemnation
is necessary, the City must determine whether the public interest
and necessity require the project, whether the project is planned or
located in the manner that will be most compatible with the greatest
public good and least private injury, and whether your property is
necessary for the project. You will be given notice and an
opportunity to appear before the City Council when it considers
whether to adopt the Resolution of Necessity. You may want to
call an attorney or contact an attorney referral service. You or your
representatives can raise any objection to the Resolution of
Necessity and the condemnation either orally before the City or in
writing to the City.
If the City Council adopts the Resolution of Necessity, the City can
file a complaint in court to acquire title to the property upon
payment of the property's fair market value. The City is the
plaintiff. Anyone with a legal interest in the property, generally
determined from a title report on the property (including tenants or
mortgage holders), are named as defendants. Often, the City will
also deposit the amount the City believes is the "probable amount
of compensation" with the State Treasurer where the complaint is
filed. A deposit must be made if the City is seeking to acquire
possession of the property before agreement is reached on the fair
market value.
- 12-
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
Can the City Acquire Possession of My Property Before the
Property's Fair Market Value is Determined in the Eminent
Domain Lawsuit?
In some cases, the City may decide it needs possession of the
property before the property's fair market value is finally
determined. In such a case, the City must apply to the court for an
"order for possession" to allow it to take possession and control of
the property prior to resolution of the property's fair market value.
The City is required to schedule a hearing with the court on the
proposed order for possession and to give you notice of the
hearing. Notice must generally be sent at least 90 days before the
hearing date if the property is occupied and 60 days before the
hearing date if the property is unoccupied. A judge will decide
whether the order for possession should be granted. As noted
above, the City must deposit with the State Treasurer the probable
amount of just compensation in order to obtain possession if the
property.
Can I Oppose the Motion for an Order for Possession?
YES. You can oppose the motion in writing by serving the City and
the court with your written opposition within the period of time set
forth in the notice from the City.
Can I Rent the Property from the City?
If the City agrees to allow you or your tenants to remain on the
property after the City acquires possession, you or your tenants will
be required to pay a fair rent to the City. Generally, such rent will
not be more than that charged as rent for the use of a property
similar to yours in a similar area.
- 13-
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
Can I Withdraw the Amount Deposited with the State Treasurer
before the Eminent Domain Action is Completed, Even if I
Don't Agree that the Amount Reflects the Fair Market Value of
My Property?
YES. Subject to the rights of any other persons having a property
interest (such as lender, tenant, or co-owner), you may withdraw
the amount deposited with the State Treasurer before the eminent
domain action is completed. If you withdraw the amount on
deposit, you may still seek a higher fair market value during the
eminent domain proceedings, but you may not contest the right of
the City to acquire the property, meaning you cannot contest that
the acquisition of your property is for a public purpose or is
otherwise improper.
You may have the right to ask the court to require the City to
increase the amount deposited with the State Treasurer if you
believe the amount the City has deposited less than the "probable
amount of compensation".
Can I Contest the City's Acquisition of the Property?
YES. Provided you have not withdrawn the amount deposited, you
can challenge in court the City's right to acquire or condemn the
property.
- 14-
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
What Happens in an Eminent Domain Trial?
The main purpose of an eminent domain trial is to determine the
fair market value of your property, including compensable interests
such as lost business goodwill caused by the acquisition, or
severance damages. The trial is usually conducted before a judge
and jury. You (and any others with interests in the property) and
the City will have the opportunity to present evidence of value, and
the jury will determine the property's fair market value. In cases
where the parties choose not to have a jury, the judge will decide
the property's fair market value. Generally, each party to the
litigation must disclose its respective appraisals to the other parties
prior to trial.
If you challenge the City's right to acquire the property, the eminent
domain trial will also determine whether or not the City has the
legal right to acquire the property. In such cases, the judge (not
the jury) will make this determination before any evidence is
presented concerning the property's fair market value.
At the end of the trial, the judge will enter a judgment requiring the
City to pay fair market value. Once the City pays the amount
listed in the judgment, the judge will enter a final order of
condemnation. The City will record the final order with the County
Recorder, and title to the property will then pass to the City.
Am I Entitled to Interest?
Anyone receiving compensation in an eminent domain action is
generally entitled to interest on that compensation from the date
the condemning agency takes possession of the property until the
person receiving the compensation has been fully paid. The rate
and calculation of the interest is determined under formulas in
State law.
- 15-
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
Will the City Pay My Attorney's Fees and Costs?
In an eminent domain action, you are entitled to be reimbursed by
the condemning agency for your court costs such as filing fees. In
some circumstances, you may also be entitled to be reimbursed by
the condemning agency for your attorney's fees in the lawsuit.
Whether you will be entitled to receive reimbursement for your
attorneys' fees will depend on the particular facts and
circumstances of the case and the offers and demand for
compensation made in the action.
What Can I Do If I Am Not Satisfied With the Court's
Determination?
If you are not satisfied with the court's determination of the
amount for just compensation, you may file an appeal with the
appropriate appellate court for the area in which your property is
located. The City may also file an appeal if it believes the amount
of the court judgment is too high.
- 16-
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
DEFINITIONS
The language used in relation to eminent domain proceedings
may be new to you. These are some terms you may hear.
Please note that these definitions are general and are provided to
assist in the discussion related to the proposed acquisition. They
are not intended to be legal definitions.
Acquire—To purchase.
Answer— The property owner's written reply, in appropriate legal
form, filed with the court in response to the complaint and as
requested by the summons.
Compensation — The amount of money to which a property
owner is entitled under the law for the purchase or damage to the
property.
Complaint — The document filed with the court by the City which
initiates an eminent domain proceeding.
Condemnation — The legal process by which a proceeding in
eminent domain is accomplished.
Counsel—An attorney or attorneys.
Eminent Domain — The right of government to purchase private
property for public use.
Final Order of Condemnation — The instrument which, when
recorded, transfers title to public ownership.
Judgment — The court's formal decision based on applicable law
and the verdict.
- 17-
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
Loss of Goodwill — A loss in the value of a business caused by
the City's acquisition of property that cannot be reasonably
prevented by relocation of the business or the owner adopting
prudent or reasonable steps that preserve the value of the
business goodwill.
Market Value — The fair market value of the property taken is the
highest price on the date of valuation that would be agreed to by a
seller, being willing to sell but under no particular or urgent
necessity for so doing, nor obliged to sell, and a buyer, being
ready, willing, and able to buy but under no particular necessity for
so doing, each dealing with the other with full knowledge of all the
uses and purposes for which the property is reasonably adaptable
and available.
Parcel— Usually means the property that is being acquired.
Plaintiff—The public agency that desires to purchase the property.
Possession— Legal control; to have the right to use.
Property — The right or interest which an individual has in land,
including the rights to use, possess, and dispose.
Summons — Notification of filing of a lawsuit in eminent domain
and of the necessity to file an answer or other responsive pleading.
Title— Legal ownership.
Trial — The hearing of facts from plaintiff and defendant in court,
either with or without a jury.
Verdict—The amount of compensation to be paid for the property.
- 18-
cif f111jy�����,
FFIV C F August 21, 11014
1....1_C
100 Civic Naza 000 VIctonbriine Lane
Dr.rhalVn, C.cxllilorraia 9A56
I_.Inarnu rnor , CA 94550
Phone, (925)833-6650 .: )oughr rty ct Irruprov rrent Project(925 8316651
&t ddress: 6271 30 I[.' ougheirty Road, [)ijtnliin, CA
PN 1 941-055G 0y,,,,1
Dear Property Owner.
In connection with the Dougherty rty Road improvements Pro,p ct (Prcoiect), this Il fter and
cc.orrrnpaannyiinog paperwork contains updated material rial related to the City's offer to
purchase property for this public. project.
,ttach d four your review are the following dccwne,nnts:
1. Appraisall Su.urnrna i'y Statement and Surmnrnary of the 1Basis of Just Compensation
(1)
2. Suurnrnary t t rnent ReWiriq to the Purchase of Real Property our an Interest
..Q.hrurn -(1)
. Property Purchase Agreernent-( )
. Grarnn't Deed.... (1)
r. Temporary ry Constru.ncticn Easement Deed --(1)
. Property Acquisition information Pamphlet-(1
IFIlease review the docurrents ciosely. "ThIIs revised offer in the arriourit of$635,500,00
,00
supersedes than City's previous offer, made in AUgUSt of 2013, and Is made In
accordance nce with the requirements nts cf Section 7267,2 of they Government Code and
represents the value of the property Interests proposed to be acquired as determined
,, uirldlll by n independent state licensed and certified appraiser, If there Is a� lessen in
ulll 2m
3 6651D possession of the property and improvements area b Inq acquired, oar, any other (holder
,rno' pager, of an Interest Irn the sun ct property, an offset statement or equivalent d cl raticn
(225)833-6650 ° ounld be required d to confirm respective o rnorsh iip of �thoso improvornents, QuiitcUrn
alinlim°uioXIMIIIfIf III'emµNrO111lamulmurmmOmmu Deeds fror7n any iesseos or other interest holders as to the area being acquired
(91215)1 rm 3 6610 whether,or not improved may also be necessary.
5cl oaniuc 11"mm'1'
(o J 3 r650
We are prepared to meet and 6scuuss they proposed acquisition wtl°n you at yolulr
Fin amwce/Airumymunurm Seirvicos convenience. 'The ARMS consultant assigned to assist you is Joe gd (ono,. H
(925)833 664 0 can be reached at (925) 691-8500.. 'The City Mll assist In processing ail docurrnentsw
nµnare lPireveinfloin IncWdlno providing notary public services, and escrow, 1Expenses Incldentall to transfer
(925(833-6606 of title to the City are paid by thne City and these are deta llend In the Purchase
I ommaoaan Resources Agreement,
(925)833-4260
Parks Comirnuiraty Sere es Sincerely,
(925)556-4500
Poke
(925)833 6670
llmullmll c Wo rilIieerinm
(925(8-33-6630 Andrew Russellll(..
City (Engineer
Diabllrrr Enclosures losunres (8)
AIIII-AmeftaCily cc: Robert A IRandllck Esq., Ran6clk, O'Dea 'TOOfia~ntos, I....I....P
2011
wwwa. ubII6in.c:a.9cuv
('NTY OF DUBLIN
APPRAISAL SUMMARY STATEMENT AND APIA' 941-0550-007-1
SUMMARY OFTHE t' ,C F"OR JUST COMPENSA1 ION
(Pursuant to Govomment(,odo Section 72967,29)
-------------
BASIC 11::1R0I:1ERTY DATA
......................................................................
OWNEIR: 4W, 1 L.C, A California ir nit ed Llal)HH'y Coimpainy
D° Douglheirty Road limpiroveiments Pro e
' ROJEC"I"'
3
1' ROP�i�H-Ii:R-rY AD[X:ZESS,, 6271 6309 IC ougheirty Road, Dublin, Cailfoiririla
[-..)ATE, PI1R,01:::IER'"FY ACWH:::ZED [3Y OWNER: Over five (5) years
ZONIN(31 PD 141 IZU (l`�Ilarmed [Dev6lopinient [.)Dstrict)
PRES014 USE: Commercial Service Use
HIGHIESTAND BES-l- U&1°�. C): Continued Use
TOTAL PROPERTY AREA" 1.1 Acres - 51,757 sf,
PROPERTY RIGF-11"S l:DRG1:::10SED "F0 I1.3E ACQUFRED,
Fee SDmple: 10,019 sf.
Temporary Con stru(.:,tioin Easement: 3,049 sf.
DA`1'E 011-` TldlS VALUATI10N: August7, 2014
BASIS OF VALUA rm
.......................................................
The just compensaflon being offered by the City of IDu.ub fin (City) is unot less than the City's approved app4saU
of the fair market value"e" of the property. The falir mairket vapue of the property proposed for acquisition is based
on a fair rna irk et vakie appralsal prepared accor6ng to accepted appraisal procedures. Where appropriate,
sales of comparable propertles and incorne data are, utilized. PrinclpW transactions of comparaNe propeites,
where evaluated, are included Therein oin Page 6, The appraiseir has given fu H and carefW consideirafloin to the
Nighest and best usefor development of the property and to all features inherent in the property, including, but
not Himited to, zoinping, developrinent I)otent4l and the income the property is capable of producing,
Callfornla Code of CM1 Procedure, Sectlon 1263.320 defines fair imairlket value as follows:
..............-
a.) The fair market value of the property talkein is the highest pirice as the date of valuation that
woUld he agreed to by a selleir, being W111kng to seli but sunder ino Ip airticular or urgent
necessity foir so doing, nor obliged to sefl, and a buyer, Ibeiing ready, willing aind able to 1)Uy
but under ino particular necesslty for so doing, each dealing with the otheir with f0l
knoWedge of aH the uses and purposes for which the propefty is reasonably adaptaUle and
avaHable,
b) The fair imarket value of piropeirty taken for wNchthere is no relevaint, comp airable market lis
its value on the date of valUafion as determined I)y any meti-iod of valuation that is just and
equitable,
Page 9 of 9
(",,t TY OF DUBLIN
lip PlFRAI S ,L SUMMARY STA3"Ei N"I"AND AFIP,J 941-0550-0071
SUMMARY OF THE t IIY°' Ift JUST't°'t I P 'i T"li li
(Pursuant to ovemm ernt Code Section 7267.2)
Valu e of the Entire Property: mlg ...........
"F01,„L OWI INFORMATION IS,.... ',�”,I-1.', ,,,"�,',,,,,,,,""THE� ,��'�„�"'�r,,1' . J'a TTI II m ��,,,,,
Value f the I1::::1rop y Rights r po d to be acquire&
Fee Simpie L, and and iu°nckid d irrni rovern e nt : .
1, 14 slm CsIf x '°/� (eii culTibeii- d) '..: $18,962
,005 sf x 2 Csf x 100% (urnen u m rr d) =$198,11
Site irrnprover n u°nts
Paving: 10,019 sf 5/mf,- $50,095
B. Impirovernents P rt iirniirn to the Re ity HQ):
C. Permanent seimein'tf
D ...Y... r nl orary Co n trau ti n IEaseirne nt ..............
3,049 sf x Csf x 83%x 6 months ' $3,353
270„520_-_
(3uuurn of items A..._ D)
Value of the m ind r as pa in of the whole indicated iby income
Approach before the City's proposed acquisition, &1 03(3 _.
Value oaf the Remainder as a separate 1parc i indicated by income
Approach after the City's proposed acqUisitiom � .1§29
Severance urrn gee( ,
E. Cost to Cure ID i a :: 3a4'15
Square FU Replacement Loss
Unear R1 Cost New,$1 Depreciated,.,, F t`
No, .._. ................. 0 . t
.... ._._._. :_. .._. _ . _._. . ._. . .,
RP=4 of Fencing (Sq. Ft) 3 M 50% ., $1,800
Fencing DernoHtioin Costs 30 x $3.50 N/A $233
Paint on it existhg striping x $15.03 iii/ $825
Fie'-st.irip parking elks 33 $'15.30 N/A mm $573
T t 1i Damps......................... -Cost t Cure, __ _ _._._.�_._._._._._._._._._._._�._. ..............�.... ..... 32
F. irn uar bi mage& ...... 361,457
($2,615,086 15,086 _ $2,253,629)
"Total IE)am s: ..... .._3C .......................
(Sum of items E&F)
Page 2 or 9
CYTY OF DUBLIN
APPRAISAL.SUMMARY STATEMENT SENT AND AIP fie 941-0550-007 1
(Pursuent to Govemynent Code, Section 7267,2)
FOLLOWING INF ORMA I f� BASED E SUBJECT �°tC� I,,.
1. The 13 II s C ornp arli ion q,)proadh its based on the consideiradoin o'f
comp r lll land and improved sales.
iriftated nr lue by Sales Comparison n ppiroa h: ......... 00
Seen attached sill for prlirncllp ai tir ns ti ns
, 1-he c ost appiroach its based in pail on air placeirnent cost new of
improvements less depreciation. Cost information was obtained from
cost service pt.nblliicrations and/or knowiedgeabie vendors.
..1..'ntal Repla erne int Cost INe s4 ..:�...............................�.
p enpr iati rn from all causes _ 1 5
Value of Improvements in p::'llace .. 185,9. 25
1... nand (estimated by direct sales comparison) .... 1j,38.65
Indicated Value Ilby Cost Approach ,.
. The incomes approach is based on an analysis of income and
expenses eA to the property.
Overall Calpi tall izatii on Rate 7M%
Net Operating Income " ........................1 3 0 ..............................
,
Indicated vall nee by income Ippr a h n_..... .&3.1.-?.i. 0-
Severance Damages e 3
in addition to determine the market vallue of the jDar all( ) sought to Ibe acquired severance damages were
considered. Severance dama e s are determined d based oin whether or not the rernainder would be din°nnini lheTd
in value by reason of they proposed acquisition ui itiion aund/or by the construction n of the improvermnennt in the manner
proposed. Some ev ran eA damage may be innifigated or entirely eliminated by estirnafing the cost to cure the
darna e. Wheree, severance damages are fund, offsetting benefits are determined,. ( e; ag -._ Il leinefits
defined.) t,..tnd it Caffornia law., beriefits can only be offset against severaince damages. If no severance
damages are found, 'there is no apply ation of offsetting benefits.
um of ftems A, D, E & p`)
Page 3 of 9
cU"'If y OF DU13LIN
.PPllr AISAII.....SUMMARY T U ;MEN I,,,AMID APIN: 94T.0550...007 1
m"UWMAlf F "t"HE BASIS FOUR JU "III"'C0II II1 II ...0
(Pursuant to Gc:sverrnme nt Code Section 72 7 2)
txt,.tll 1 . III, °rl' III, BASIL FOR �Jlt�,ST CSC i' PENSA°I ilO
..... ...... ....... ................................... .....................,,,...._-, ...
tit r tiv urnr°il of th lea �llo uwur suna..j ll[121 gi�1 Collin einsatti �i��
The Contractor illl iiiri stall new drilveway approaches eking ['.) rugh rty lRoad for access t the SUbj ct property.
ddiitio n illy, cull gutter and sidewalk Mill be irnst ll d 61ongthe sulipject street frontage, grid u..utiliiti s will be
relocated,
The Dougherty Road irnpronr M e nts project wHi wiliden the roadway to sllx trav6l Marisa for approAmately 1.9
miles frcrin Sierra ILarn e to the Ncrl City 11,....lrnft, and include bicycle Vannes and a raised landscaped d r ediarn.
F-Ird,irrnunnary, engineering and environirrleintal alpprovall was ccrnld in F`ebruary 2013. Subject to availallcnility of
funds and Council aupproval, right of way acquul iitio n and n.utillity relocation was s ch dWed to start in the surnimer
of 2011 , Roadway construction of the a caticrn between sierra ILane arnd Amador Valley Boulevard ii Is scheduled
to beglrn this year,
The Dougherty IC oad lirriprovernents project will require fee sirnpile acquisition area, it is 30feet in Width,
located alcong the westerly property iliria of the subject largely parcel, and cointalins appirc innately 10,019 square
feet, A srnaH perticon near the rncrtharly bcru.urndary ofthe proposed fee simple parcel appears ar to be encumbered
by easements in favor of PG&E and Aiairneda County (Flood Control, based on a plat rnnap provided by'dl
iiarnt.
t rnnperary cons t ructi on easement (TCE) is also required froinn the subject property, The TCt°°:. is 10 feet in
Width, located adjacent to the east of the Iprcposed fee sirnnpla parcel, and contains approxllrnately 3,049 square
feet. A smaill Ipcuil near the rnorth it boundary of the proposed ®i°C E appears to be ncuurnnbair ad by
easements ennt in favor of PG&E and Alameda County II Il cd Control. ..p.h TCE is required for' a 6 rril period
from the start of co natruucticon, ending no later than December 30, 2015.
Site improvements located in the proposed acquisition areas include a phnalt paviirng, striped Iparkiong spacers
and an advertising sign showing the to nairnta of the ail building facing DOUgherty Road.
The subject site is located at 271-6309 Dougherty Road, on the east side of Dougherty lRoad, north of IDu.ulblirn
Boulevard in the City of Dubiirn. Accordiing to public records, the site its °1.19 acres, or 51,757 square feet: in
size. It is iderntifiad by the larineda County Assessor as lip 941-0550007 01,
M ie property currently has apprc Arnnately 343 linneair feet of frontage along Dougherty Road. The site is (larval in
'topography and triangular in shape. Ali utilities are avalillablie to the site. 11'°'he site is paved in asphalt and
contains 55 rrnariked and striped parking spaces. There are also two fenced yard areas used for parts and
ehicu.slar storage. T ne western portion of the site nearest Dough arty I oad contains 34 Iparking spaces which
serve the iretaill and corn°irn rcpall service compoin nrnt of the subject, prol� r°t k including one Ih irndic p Iparking
stail. The northern Il)oiilt orn of the site contairis 15 parking spaces, while the eastern p orticrn of the alts corntairns
parking spaces.
The building is divided into a irnuiril of units of varying size and use. Faclirig the street froi ntage of I[Dou.agheirty
Road, along the western portion of the building, are thiree ccrnurr rcial service units itlh a imbdure of
retail/office and wairel carrnp rneint . Ovei allll, the auh)jact bpi 6rng appears to be wall-rnnairntairned and in
average;to good condition for its age and construction quality.
Page 4 of 9
CITY OF::: DUBI-11114
APPRAISAL SUMMARY S'T'ATIEMI 14T AIND AF`N- 941-0550 007-1
(Pur,suant to Govemment Code Section ✓7267, )
["he three ppr clhes to Iluus have Ibee n utilized for the suulbject., property, which reS Ulted in the fallowing value
indications,
Sales Comparison rison Appro c h $3,040,000
lnccame Appra ch; $2,615,000
Cost Appiii $2,728,000
The Sales Comp ri ara Approach was given than greatest weight due to the quality and quantity of the data
found in ff-ie u°ruairlket. The majority of properties sirri ll it to the uulbj ct property in the uubliun arena appear to be
purchased by owner/useirs rather than in e taus. Owner/userstend to pay moire flea n investors, ail other things
being equal, because they are motivated by other non-•realty factors. l...li toiriaally, the subject had bee,in
part4llly owner occull li d aind wouU be conduucives to aun owiner....occulpai nt, at Ileast in part, 'rhe cornparables are
of a s'ir nillar size and utility to the subject and present nt a re.latli ally narrow range of vah.)e indicatorsa far the
subject.
The Income Approach was also given saarnes weight due to the quality of lease, information found Ern tlns°, nnarket.
t°ila av r, (limited capi,tali atiain rats: data was 'found, as the buyers of siiii ;Azad carrnrnerciall ei°vica/flight
industrial propertlas in than "Fri... alley area are often owner/users. Most of the aapitali ation ratan data was
d rived frarn prol°a rtias whichi are more r t:aii-oriented than the subject property.
The Cost Approach was given the least weight iin arriMiing at a flinal value concluu lioin due to the agar of the
subject iirnpravarrnenta and the inherent difficulty in estimating depro isatlion from all causes.
...l...lhe Cost and lncorno Approaches land strong supped, to the Sales Comparison Approach
Acmcordinglly, with the three approaches weighted and the Sales Comparison Approach considered the m°rncasat
supportable method, the o tiranated market value of the subject heal property is concluded to be $3,000,000.
The fee simple acquisition area, also identified as "Parcel #1 (Proposed R.O.W. Widening)", is 30 feat In width,
located along the westerly pr p n°ty line of the SUblect larger parcel, and contains ppiroximat l 10,019 square
feat. A sirriall portion near tll-iie northerly boundary of the, proposed acquisition parcel l appears to be
encuunnber d by existing easerneints in favor of II i and Alameda County Flood Contrcal, based on a plat imap
provided by the Client.
According to the City of Il uublliin'a lPublic Works I opan°trnoi°nt„ the fee slmplle acquisition parcel wot.,lld be required
for dediaatioin as a condition of dovolopin nt to the site" highest and (boat use as if vacant under-the current
land use designation. -11'"h erofor , this area is valluod under the Porterville premise of appraiUaall as a connrnarcial
service use, since this use would not trigger the dedication r quulirar°nonta. The value for this type of land has
been previously determined to The $22.00 per s~aquuaro Brut of site are;"a. Deductions have boain nude for areas
allre,ady eirim,urnb re^d by existing oasuani Within these, areas, the fee value, is considered to have already
received a dlirninution in vallue, since a portion of the underlying prop Uaty rights have already been
encumbered.
A t nnaporary con t:i°u..uction easement nt ('TC E) is required from the subject property. The T'ClE is 10 feat iin width,
located adjacent to the east of the proposed fee slimple parcel, and contains approAmately 3,049 square fret.
A small portion near the rnoft.herly bauuindairy of the Ipropo ed t"CIE appears to be oncuur nbor d by eAs~utiing
ease i manta in favor of PG&E and Alameda County Flood Control, based on a pllat reap provided by the Cliient,.
However, since the TC'E will require, surface u.use, of the uuindarllyiing (land, no deductions are made for any pre.-
existing u.undergronund easements, The TCE is reqUire.d for a six month period frorin the start of construction,
ending no lanai°than [)ecarnbair 30, 2015,
F aV,5 of 9
CITY OF IIDu,1 lll,,ll
APPRAISAL SUMMARY TATE ll°N°'iir AINT) III :: 941-0550.007-1
SUMMMF1Y OF t HIE: III FOR j r c 111 It ENSA FIO
(Pursuant to Govemment Code Section 7267,21)
The paVing is newly lin tallied and in good condition. This paving was replaced Ibetwween August 30 and
epternlberr g of 2512. A total of 50,013 squaire feet of pawing was linstallled for 93,049.50, based on a reGelipat
provided by the owner. 11°1nlis lnclluuded removing two to three lnclhes of e feting asphalt, adding a R ase layer„
appiying a tack coat, lin tailing and compacting the a sphalht, applying an oil �ba ed sealer and installiirrg parlkMg
lines. °°flhe cac.st of this recent inatallllatlion was $1. 15 per square fret of site area. I the asphalt on the SLAbject is
considered new with very little depreciatiiou°u,.
"rhe City of Il ul°,rfin Mll not be acquiring the si rr because se the owner of the subject. property is responsible for
relocating the §igri at their expense. This relocation re uuiirerner-rt carne as re u,,.ullt of the City's zoning
adminliatrator approwling a variance request in PA 90-002 on (l arch '13, 1 gg5 to allow the sigin to be located
within the future right-of-way of t ouugheirty (Road. The reSollu.rtlion of the zoning adurnlinli vtrator states that "As
condiit:iorned, the sign Would be removed or rellocated at the owiner's expense when the Flubfic Works Director
deterrnu fir,es lit necessary for future. road widening."
In the after condition, the subject Iprroperty will Ilo se app",zroxlrnatelly 16 (parking spaces along the Doug ll°ueuly Road
frontage. AdOtionallly, due to the Ilack of apace between the building and the closer allignnnent of IDougherty
(Road, approArnately three of the existing eight spaces in front of the Ibuuiillding will be lost due to the angle of the
spaces. Based on information pirowlded by the client, three parking spaces can be added in the northeastern
corner of the site, near the existing FIG&E eases neat area. Additionafly, it appears that four spaces can rernain
at the front of the Ibuuil6ng near the northwestern portion of the site and three spaces near the souuthwwestern
portion of the site, respectively, Moing with the '15 parking spaces at the aide of the buillding, and six spaces at
the rear of the bu.uildiing, the total number of estimated parking spaces in the after condition would Ibe
approximately 36 parking spaces, linclludling 15 &ectly in the front of the Ibuiiding and 15 along the north slide of
the building which could be u.Ased for custorneir parkling.,
The Subject propeirty in the after condition would not iiunclude enough legal parking spaces to conforrro to the
zoning ordinance. Iln order to coinforim to the zoning ordirnance, soinne of the space in the Ibuilding wwouuid Ibe
reduced to a warehouse Use, so that the parking r(,,cquirernent is rnet. additionally, the Iparking would not likely
be enough to meet the requirements of market partiicip,)ants and the subject would likely attract fewer
corn rneir lial service oiriented tenants clue to the lose of on-spte parkirug.
In order to meet the parlking requirements of rnarket partlicipants as well as conform to the zoning ordinance,
approximately 5,055 square feet cA service retail or repair shop space could be reduuced to a
warehouse/storage orally use. One option would be for the auto-repair space to be downgraded to a warehouse
use. This space is 4,400 square feet in size, with approximately 3,200 square feet of service space operating
as a mix of office and warehouse and 1,200 square feet of warehouse space used as a service garage.
According to the t ubllpn (Planning Department, this erntlre 4,455 sguaire, foot apace is sul ject to the Iparking
requireirnents under the Repairs and Service category. if converted to a wwaretnouse/storage use, the nuimbeir
of spaces required for this space would be reduced from approxiurnat:elly 14 spaces to 4 spaces, wwhiclh would
lower the legally required parking on the site to 30 parking spaces.
Page 6 of 9
APPRAISAI....SUMMARY S°rATEIll dllf.;ll All PN: 94.1-0550....g DTI
SUMMARY OF TIHE BASIS FOR UST COMIRIENSA°Ill
(Pursuant to Govemrrsent Code Section 72672)
Gmprov d Sal II uninm r
Commercial Send aa i41l Building Sallies Data
�
Cl$01 6769 6799 Drabllln Boulevafd 413012014 1.62 4„807�a00 181 3 ,
[.)uallina CA 28,5tt4__.....__.... 70,392' ..................�SaO�pf______._.
ta4l...t120&a-041"1-54j„-004-02 1970 41%
..........__°__............._.�. _ _........... ............,...... ..
d�E1..02 20139 E:ast 14th Street 10/18/2013 069 $2,250,000
San I...earndr'D,CA 12,141 30,160 102...%
..........................._...._.................... _......................................_.............................._
077-05`x4-004-01 see comments 40%
.... -10"/9/' _ .. ... ..0..
t'at-03 818.. 9'I Arrses Anue_, ... 2013__ 750
0.92 X1, 000 &09
Milpitas,CA 12,528 40,097 20-30%
.........�..............._. ......_.........__..__.....
086x-30-044 Sea INarrad Ti f�
.....w _. _ ._-. ..... _....�_. _. .....
C -04 0841 Atiillapel7ar&rw,�ay 101812S.D13 0.t"1
Dublin,CA 6,200 30,929 _......................±25%
941-0210-030 mid 1970s 20°lu
............. ... ...... ...�..._ ._.... ......._m ._ ..._.... ..... ....
C Ttine 28722-28724 Mission Boulewird 9/2112011 0.88 $1,918,630 $191.86
.. ,
Hayward, CA 10,000 38,300 80%
0780-0461-005 1 70 26%
........ ._. .............................................. ....... .m......... .w ...... .. .............. _ ....... ____ ........
C'S 06 2250 San Rarnon Vallley(Boulevard 318120 11 1.20 $2,425,000 1173
San Ramon,CA 14 0.20 52,272 .32%
.....
218-080-028 1972 27%
Ti.....................°__..........._............._....................................................X........... .....__y......................................_....... ......_........_ ................_......_..................._....................._......
Su b nra l ""l iY nblii 8 ae�uu¢111oau 111�w�er1 81712014 _........................18 422........._..._ 61,, 5'7 .�..................._2 30%................. VIA
941.0550.4107-01 1973 36%
Page 7 of 9
(;irry OF II„RM IIIII 14
APIFIRAISAL SUMMARY STA ri:MENT AND AFIM, 941-0550-007-1
SUMMARY GIF""T"HE BASIS IF OR JUS IFC01MMENSA"TION
(f-l'ursijant to Government Code, Section 7267.2)
I and Ses al Data Suirn
............ .................................—... rnary
.......................--.
Comili 11 and Mlle s Data
....................
M/7--
o
CIL..0 1 2222 San Ramon Vaflfq 1131Wl 5128/2014 071 CMU $950,000 1 &7
.............................
SW side of Industrial Boulevard ...............�30„971..........................-IIV.i.x.ed I,..I s e...........................................
San Ramon, CA
218-080-019,-027
.............. . ... ...........................r........................................................................................ ................................................
......................................................................................-........... ......................................................—................................................
...............
T .... . an Rairion R oad 511512014 1,20 DowriLown Dublin $1,255,000 l j
........
i CA 52,058 Downtown Durbin' Retaill
941 03(.95-034-02
... . ..... ...........
Z7�................................I....—...-....,.................................................. ................... ............ ........... ..
ienida Dries &Dubhn BW 1/31/2014 14.32 PA 85-018 $14,200,000 .................
SWC Hac $22-1
Dubfin,CA 623,894 Campus Office
986-0033-007
�67- m-'a”d o r Val[ey 13-o'i"4"I"e—w—ar"d-- 7/3-172-0,12.......... U5 ..........—1—)r)'w"—nt"o"w' n Dubliri.......................................$325,000 .............$_2
.............
Dublin,CA 65,388.................... Dowvntowrr D u"Ib,11"n" VT il 1 a"g-e-
941-0210-035 Parkway
_.........._.......N..........._.............. ..................-- -------.................................... .... ..............................———------------------------- -----......
ubject 6271-6309 Dougheirty li DOV .........................1..:.1 9 .......... P D 1411 ZU ......................... NIA NIA
DUbUin,CA 8/712014 75...7........... IIA e d l u rn/H i g h-IDe n si ty
941-.0550-007-01 Re�Aderitiall and IPetaU6 Office
Porterviii1le:
As�surne Cornmer6all Servlce
............... ............................................................................................... .................................................................. ..............................................................................................................................................................................—J
lincof ation Rate Indicators
CR-01 6769-6799 Dubfin Boulevard 4/30/2014 28,564 1,62 $4,607,500 $272,714 w 5,92%
Dublin,CA
941-.0205.001-56 -004-02
i:,.mm:`f�"O...2--1...5-05"—W i"I'l ow"F":5,a s s...........R o ad............................1P9/2O14-- -",-------146;32......... ........................1 0 6............y4 4 0-8 0,0 0—0 $2-4"8...........8 8 0... .....................................6 1 0%
Concord,CA
126-300-043
ZT-0-3--.__.....45-5 9 D—ougheirty R,—o a d....... ................................................8 1"2-3-12.0"1-3..........8,705,0................................0 7-0, , $2..........2 9 5..........0 0 0................$F"5" 1,2 4 1 ...........6..........5-9,%...................
Dublin,CA
941...O550-064
""F'. T.......... .................................................................... .................. . .. .......................................................
O� 5i 891 ArwayBouilevard 1011112012 ..9.,995 1,37 5,250,000 36 3,8 47 6� C o
L.rve rim ore,CA
904-0011-002
................................ . 5.... ......................................................................................................................................
age Parkway 5/1012,012 8,420 0,66 $3,810,000 $280,475 7,36%
Dubilin,CA
941-0210 036
s s i o n "B-o-"6"�-e"v a'"—rd912.112 0-1,1.......................1-0......0 0 0..................11°66. ............$1-�"9"1 8 6 3'—0 $134,30"4............................................7 0 0-%-...........
Hayward,CA
078C 0461-005
.....................................................--...............................................—.............................................................................................................................................................. .........................................
Fare 8 of 9
tit IRAI SAI S1„)UV ARY STATEII'„r AND APN,, 941..0 0-007-1
SUMMARY O °F'ICE BASIIS FOR uu '"r C II' EI 'ATI IIP
(1,�Imfrsu ant to Goverf°)raaefrt Cade ectio n £7,2)
t) 1 flglhest and IE.:e t Use AinaIlysis
Highest and tenet use is defined ed the reasoinably Iprobable use of land which is Ilegally
�peirmlsslible, physicaEly 14 ossiiNe, and fiiru irn laEly feasible that resuilts in the highest vague. Highest
and (best use n lly i is used in the appraisal process to id untlify compairable prop ni and,,
where applicable, to d t rimiire whetheir the e i tirng impar veni should be retained,
renovated, or demolished.
0 limproverneints Fie t innimng to the Realty (if any)
chir r , Fixtures aind Equipment identified here were � .� irate
ll iu d as improvement
peirt irnlirng to the re pty. IPrpcar to scro dlos r owner, and pusses must gree ( irnd confirm in
wrlitlimng) as to o inership of said irn prove ir ents p rt iN ng tca tlhe realty..
(T Severance Dai ni e*s (A p pi s to Proposed Partial A uuisiit.io ns)
The plpir is p ipso deterniines whether or not the City's proposed acquisition r siults iirn
damages to the remaining property.erty. "T he basis for this determination is whetheir or not the value
of fl-ie remainder is diniirni h d by reason of time anticipated acqui sition of the property Mt(-,.:-%irest
b iui acquired aind the construction of they improvement in the non rnrm r proposed. Severance
Damages may be mitigated or entireIly eIliminated by estimating the cost to our the d i gag .
(Cost to Cure)
GD Beinefits (Appfies to Proposed IFl rti l cquai iticann )
Benefit to the remainder is the Ib mn flit, if any, caused by the construction and t,jse of the project
for wNdhthe propefty is acquiired In the rn ainrnenir pm°c,apo eed.
"These definitions are gef7era4 Find provided to assist in the discussion related to the proposed acquisition, They are not
intended t e legal definitions,
Ann can mn r caccualp int. of a r sid rntli ll prealp arty containing four ( ) uinits or less has night to review the appraisai
on wNdh the written offer to purchase is based,
Appraisal Suiriii and Offer o,f Just Comipensaboirs
Authorized and Approved f our IPrese nt ti urma
City of Dublin ,
g.,�L2,
rmdir f uu 6lllt
III'"iitle: 'iVh O tm ,.. ::._.................................. ...... ,
_.... ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,_,,......................................,,,,,,,,,,,,,,..................................
Date.
Page 9 of g
CITY OF DUBLIN
SUMMARY STATEMENT RELATING TO THE PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN
The City of Dublin (City) is proposing to purchase real property or interests therein in connection with the
Dougherty Road Improvements Project ("Project").
Your property located at 6271 — 6309 Dougherty Road, Dublin, California, is within the project area and
identified by your County Assessor as Parcel Number 941-0550-007-1.
Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the
California Relocation Assistance and Real Property Acquisition Guidelines require that you, as an owner
from whom a public agency proposes to purchase real property or an interest therein or as a tenant
owning improvements on the property must be provided with a summary of the appraisal of the real
property or interest therein, as well as the following information:
1. You are entitled to receive full payment prior to vacating the real property proposed to be purchased
unless you waive such entitlement. You are not required to pay recording fees, transfer taxes, or the
pro rata portion of real property taxes allocable to any period following the passage of title or
possession.
2. The City will offer to purchase any remnant(s) considered by the City to be an uneconomic unit(s)
which is/are owned by you or, if applicable, occupied by you as a tenant and which is/are contiguous
to the land being conveyed.
3. All buildings, structures and other improvements affixed to the land described in the referenced
document(s) covering this transaction, and which are owned by you as owners or tenants of the real
property proposed to be acquired will also be conveyed unless other disposition of these
improvements has been made. The real property interests proposed to be acquired are: 10,019 Fee
Simple, 3,049 square foot Temporary Construction Easement, and any and all rights, title and
interest, including but not limited to, easements for ingress and egress located south of the fee simple
area being acquired in this transaction. The easement areas are described in the Property Purchase
Agreement and in the Appraisal Summary Statement and Statement of the Basis of Just
Compensation delivered contemporaneously with this document.
4. The market value of the property proposed to be acquired is based upon a market value appraisal
which is summarized on the attached Appraisal Summary Statement and such amount:
A. Represents the full amount of the appraisal of just compensation for the property proposed to be
purchased;
B. Is not less than the approved appraisal of the fair-market value of the property as improved;
C. Disregards any decrease or increase in the fair-market value of the real property proposed to be
acquired prior to the date of valuation which might be caused by the Project itself or by the
likelihood that the property would be acquired for or in connection with the Project, other than that
due to physical deterioration within the reasonable control of the owner or occupant; and
D. Does not reflect any consideration of or allowance for any relocation assistance and payments or
other benefits which the owner is entitled to receive under an agreement with the City.
5. If you are the owner of a business conducted on a property proposed to be acquired, or conducted on
the remaining property which will be affected by the purchase of the required property, you may be
entitled to compensation for the loss of goodwill. Entitlement is contingent upon the owner and/or
lessee's ability to prove such loss in accordance with the provisions of Sections 1263.510 and
1263.520 of the Code of Civil Procedure.
6. If you ultimately elect to reject the City's offer for your property, you are entitled to have the amount of
compensation determined by a court of law in accordance with the laws of the State of California.
CITY OF DUBLIN
SUMMARY STATEMENT RELATING TO THE PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN
7. Pursuant to California Code of Civil Procedure Section 1263.025, should you elect to obtain an
independent appraisal, City will pay for the actual reasonable costs up to $5,000 subject to the
following conditions:
A. You, not City, must order the appraisal. Should you enter into a contract with the selected
appraiser, City will not be a party to the contract.
B. The selected appraiser must be licensed with the Office of Real Estate Appraisers (OREA).
C. Appraisal cost reimbursed requests must be made in writing, and submitted to the City of Dublin
at 100 Civic Plaza, Dublin, CA, 94568 within 90 days following completion of the appraisal.
Copies of the contract (if a contract was made), appraisal report or summary statement of
valuation data, and invoice for completed work by the appraiser must be provided to City
concurrent with submission of the appraisal cost reimbursement request. The costs must be
reasonable and justifiable.
8. Because the City's schedule anticipates use of the property within two (2) years of its acquisition, City
does not offer to lease this property back to you after acquiring it.
GRANTOR: 4W, LLC,A CALIFORNIA LIMITED LIABILITY COMPANY APN: 941-0550-007-1
Project Name: Dougherty Road Improvements
CITY OF DUBLIN
PROPERTY PURCHASE AGREEMENT
In consideration of the terms and conditions set forth in this Property Purchase Agreement (the
"Agreement") 4W, LLC, a California Limited Liability Company ("GRANTOR") shall deposit in
an escrow designated by the CITY OF DUBLIN, a Municipal Corporation ("CITY"), a Grant
Deed suitable for recordation and conveying from GRANTOR to CITY fee simple title as
indicated in Exhibits "A" and "B", incorporated herein by this reference; and a Temporary
Construction Deed suitable for recordation and conveying from GRANTOR to CITY any and all
rights as indicated in Exhibits "A" and "B", incorporated herein by this reference.
In consideration of which, and the other considerations hereinafter set forth, it is mutually
agreed as follows:
1. Entire Agreement
The parties have herein set forth the whole of their agreement. The performance of this
Agreement constitutes the entire consideration for the Grant Deed and Temporary
Construction Easement and shall relieve CITY of all further obligations or claims on this
account or on account of the location, grade, construction or operation of the proposed
public improvement.
2. CITY shall
A. Pay the sum of SIX HUNDRED THIRTY-FIVE THOUSAND FIVE HUNDRED
AND NO/100 DOLLARS ($635,500.00) for the property identified in Exhibits
attached hereto and made a part hereof, to the following title company: North
American Title Company, for the account of the GRANTOR, Escrow No. 941-
0550-007-01 conditioned upon the property vesting in CITY free and clear of all
liens, leases, encumbrances, recorded or unrecorded, assessments and taxes
except any exceptions to title which are acceptable to CITY as said exceptions
are identified in the title report relating to the subject property issued by the
above Title Company bearing the escrow number shown in clause 2A and dated
January 31, 2012, and updates thereof. Clearing of any title exceptions not
acceptable to CITY is the responsibility of GRANTOR.
B. Pay all escrow, recording and title insurance charges, if any, incurred in this
transaction.
C. Have the authority to deduct and pay from the amount shown in clause 2A above
any amount necessary to satisfy any liens, bond demands and delinquent taxes
due in any year except the year in which this escrow closes, together with
penalties and interest thereon, and/or delinquent and unpaid non-delinquent
assessments, which may have become a lien at the close of escrow. Taxes for
the tax year in which this escrow closes shall be cleared and paid in the manner
required by Section 5086 of the Revenue and Taxation Code if unpaid at the
close of escrow. Close of escrow for this transaction shall be contingent upon
the title company receiving deeds of reconveyance from any deed of trust or
mortgage holder trustees and beneficiaries.
Page 1
GRANTOR: 4W, LLC,A CALIFORNIA LIMITED LIABILITY COMPANY APN: 941-0550-007-1
Project Name: Dougherty Road Improvements
D. The consideration set forth in clause 2A herein shall include payment in full for
the following improvements: All buildings, structures and any other improvements
affixed to the land which is owned by you as owner or tenant of the real property
proposed to be acquired will also be conveyed unless other disposition of these
improvements has been made. The real property interests proposed to be
acquired are: Fee Simple and a Temporary Construction Easement as described
in the attached exhibits.
3. Temporary Construction Easement
A. GRANTOR agrees for the considerations herein to grant said easement to CITY
and to permit and allow CITY, its agents and/or contractors to enter upon
GRANTOR'S Property on a temporary basis. Said temporary permit shall be for
the construction of the Project for a six (6) month period. Temporary
Construction Easement period is to commence with first entry on the Temporary
Construction Easement ("TCE") area by CITY'S agents or contractors. At least
48 hours advanced written notice will be given before any entry on the TCE. The
amount set forth in clause 2A herein included full payment for TCE. This
permission becomes valid upon acceptance of this Agreement by City.
B. CITY agrees to promptly restore any damage to the construction easement area
and/or the parcels upon which the construction easement area is situated (and
the improvements located thereon) caused by CITY'S entry upon the
construction easement area or work performed in connection with the Project.
C. In the event GRANTOR sells, conveys or assigns any property interest,
encumbered by the Agreement prior to CITY exercising the rights granted herein,
GRANTOR shall notify the successor or assignor of the rights and obligations of
both parties as included herein.
D. CITY shall have the option to extend beyond the 6-month period referred to
above for a period not to exceed 6 months. A 30-day written notice will be given
to GRANTOR if the CITY elects to exercise its option for the additional term. The
CITY shall pay GRANTOR an additional sum at the rate of$508.00 per month for
the term of the option period.
4. Indemnification
CITY shall indemnify, defend, and hold harmless GRANTOR from and against all claims,
causes of action, damages, liabilities, cost and expenses (including reasonable attorney
fees and cost), arising from or related to CITY's use of the TCE area and exercise of CITY's
right under this agreement. The obligations of CITY under this paragraph shall not be
applicable to the extent of GRANTOR'S negligence or willful misconduct.
5. Miscellaneous Realty Items Acquired
It is understood and agreed by and between the parties hereto that payment in clause 2A
includes, but is not limited to, payment for 10,019 square feet of asphalt paving, which is
considered to be part of the realty and is being acquired by the CITY in this transaction.
Page 2
GRANTOR: 4W, LLC,A CALIFORNIA LIMITED LIABILITY COMPANY APN: 941-0550-007-1
Project Name: Dougherty Road Improvements
6. Permission to Enter GRANTOR'S Land for Construction Purposes
All work done under this agreement shall conform to all applicable building, fire and sanitary
laws, ordinances, and regulations relating to such work, and shall be done in a good
workmanlike manner. All structures, improvements or other facilities, when removed, and
relocated, or reconstructed by the CITY or its authorized agent, shall be left in as good
condition as found.
7. Payment of Deed of Trust
If this property is secured by a mortgage(s) or deed(s) of trust, GRANTOR is responsible for
payment of any demand under authority of said mortgage or deed of trust out of
GRANTOR'S proceeds. Such amounts may include, but not be limited to, payments of
unpaid principal and interest.
8. Escrow Instructions
GRANTOR hereby authorizes CITY to prepare and file escrow instructions in accordance
with this Agreement on behalf of both parties.
9. Hazardous Wastes
The acquisition price of the property being acquired in this transaction reflects the fair
market value of the property without the presence of contamination. If the property being
acquired is found to be contaminated by the presence of hazardous waste which requires
mitigation under Federal or State law, the CITY may elect to recover its clean-up costs from
those who caused or contributed to the contamination. GRANTOR shall further indemnify,
defend, save and hold harmless the CITY from any and all claims, costs and liability,
including reasonable attorney's fees, for any damage, injury or death to persons or property
arising directly or indirectly from or connected with the existence of toxic or hazardous
material on the property, save and except claims, costs or litigation arising through the sole
willful misconduct of the CITY, its agents or employees.
10. Right of Possession and Use
It is agreed and confirmed by the parties hereto that, notwithstanding the other provisions in
this Agreement, the right of possession and use of the subject property by CITY, and/or its
designees or assignees, including the right to remove and dispose of improvements, and
install and connect utilities, shall commence on or close of escrow;
whichever occurs first, and that the amount shown in clause 2A herein includes, but is not
limited to, full payment for such possession and use, including interest and damages if any,
from said date.
11. Binding on Successors and Assigns
This Agreement shall be binding on and inure to the benefit of the respective heirs,
successors and assigns of the parties to this Agreement.
Page 3
GRANTOR: 4W, LLC,A CALIFORNIA LIMITED LIABILITY COMPANY APN: 941-0550-007-1
Project Name: Dougherty Road Improvements
12. No Leases
GRANTOR warrants that there are no oral or written leases on all or any portion of the
property exceeding a period of one month, and GRANTOR further agrees to hold CITY
harmless and reimburse CITY for any and all of its losses and expenses occasioned by
reason of any lease of said property held by any tenant of GRANTOR for a period
exceeding one month.
13. Quitclaim Deeds
If any lessee interests are identified in clause 12 herein, as a condition precedent to
approval of this Agreement by the CITY Council, Quitclaim Deeds or similar releases
sufficient to clear any possessory rights from the subject property will be required.
GRANTOR agrees to assist CITY in securing said Quitclaim Deeds or releases.
14. Dismissal of Eminent Domain Action
GRANTOR hereby agrees and consents to the dismissal of any action in eminent domain by
the CITY as to the subject property or any portion thereof and GRANTOR also waives all
claims to court costs and any money that may now be on deposit in the Superior Court in
said action.
15. Approval of CITY
GRANTOR understands that this Agreement is subject to the approval of CITY. Further,
that this Agreement shall have no force or effect unless and until said CITY approval has
been obtained.
16. Authority to Sign
GRANTOR and the signatories represent and warrant that the signatories to this Agreement
are authorized to enter into this Agreement to convey real property and that no other
authorizations are required to implement this Agreement on behalf of GRANTOR.
17. Counterparts Signature
This Agreement may be executed in counterparts, each of which shall be an original, but all
counterparts shall constitute one agreement.
18. Specific Performance
In the event of a breach of this Agreement by GRANTOR, CITY shall be entitled to pursue
any and all remedies available to it against GRANTOR, including, without limitation, claims
for all damages attributable to GRANTOR's breach, and specific performance of this
Agreement.
Page 4
GRANTOR: 4W, LLC,A CALIFORNIA LIMITED LIABILITY COMPANY APN: 941-0550-007-1
Project Name: Dougherty Road Improvements
(As used above, the term, "GRANTOR" shall include the plural as well as the singular
number)
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first
written herein below.
CITY OF DUBLIN
A MUNICIPAL CORPORATION:
By:
Title:
Date:
GRANTOR:
4w, LLC,A CALIFORNIA LIMITED LIABILITY COMPANY
By:
Title:
Date:
NO OBLIGATION OTHER THAN SET FORTH HEREIN WILL BE RECOGNIZED
Page 5
RECORDING REQUESTED BY:
City of Dublin
WHEN RECORDED MAIL TO:
City Cleric
CITY OF DUBLIN
100 Civic Plaza
Dublin, CA 94568-0233
No Fee Required Government Code§27383
APN: 941-0550-007-1
Escrow No.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned Grantor hereby declares this instrument to be EXEMPT from Recording Fees(Govt. Code §27383)and
Documentary Transfer Tax(Rev. & Tax Code § 91922).
GRANT DEED
4W, LLC, A California Limited Liability Company does grant unto the CITY OF DUBLIN, a
municipal corporation and governmental agency organized under the laws of the State of
California, all right, title and interest in and to all that real property situate in the City of Dublin,
County of Alameda, State of California, described as follows:
ATTACH LEGAL DESCRIPTION AND PLATAS EXHIBITS "A"AND "B"
Dated:
By: By:
ATTACH NOTARIZATION
This is to certify that the interest in real property conveyed herein to the City of Dublin, a governmental agency,is
hereby accepted by Joni Pattillo, City Manager,and/or Andrew Russell,City Engineer, on behalf of the Dublin
City Council pursuant to authority conferred by Resolution No.24-87 of the Dublin City Council,adopted on
April 13, 1987,and the grantee consents to the recordation thereof by its duly authorized officer.
JONI FATTILLO, CITY MANAGER
AND/OR ANDREW RUSSELL, CITY ENGINEER
Dated: By:
PORTION OF
APN 941-0550-007-01
6289 DOUGHERTY ROAD
DUBLIN, CALIFORNIA
EXHIBIT A
LEGAL DESCRIPTION
Right-of-Way Acquisition
A Portion of the parcel of land described in the Grant Deed to 4W, LLC, a California Limited
Liability Company, filed on March 17, 2010, Document No. 2010-070842 in the Official Records
of Alameda County, State of California, more particularly described as follows:
COMMENCING at the most easterly corner of said 4W, LLC parcel (Doc. 2010-070842), said
point also being the point of intersection of the southwesterly line of Tract 7181, Scarlett Place,
fled November 13, 2001, Map Book 261 at Page 79, Alameda County Records with the
northerly line of Parcel Map 7537, filed October 12, 2001, Map Book 260, at Page 78, Alameda
County Records; thence, along the southerly line of said 4W, LLC parcel (Doc. 2010-070842),
said line also being said northerly line of Parcel Map 7537 (260 M 78), North 88°49'58"West,
346.29 feet to the northwest corner of Parcel 1 as shown on said Parcel Map 7537(260 M 78)
said point being the TRUE POINT OF BEGINNING; thence, leaving said southerly line (Doc.
2010-070842)and said northerly line (260 M 78), North 1013'02" East, 315.44 feet to a point on
the northeasterly line of said 4W, LLC parcel (Doc. 2010-070842) said line also being said
southwesterly line of Tract 7181 (261 M 79);thence, along said northeasterly line (Doc. 2010-
070842), North 46 028'47"West, 40.56 feet to a point on the direct extension north of the east
line of Dougherty Road, Formerly Alamo Road, as described in the Abandonment Resolution
No. 45662, filed April 16, 1946, in Book 4876 at Page 209, Official Records of Alameda County;
thence, along the easterly line of said Dougherty Road and its direct extension (4876 OR 209),
South 1013'02"West, 342.76 feet to a point on said southerly line of the 4W, LLC parcel (Doc.
2010-070842); thence, along said southerly line of 4W, LLC parcel (Doc. 2010-070842), said
line also being said northerly line of Parcel Map 7537 (260 M 78), South 88 049'58" East, 30.00
feet to the TRUE POINT OF BEGINNING.
CEO UANp st'1A
Containing an area of 0.23 acres, more or less, ti� M. rFp7h-
03/19/2013
Date No. 7893
o4�41�
LCC,INC.- CIVIL ENGINEERS/LAND SURVEYORS
930 ESTUDILLO STREET
MARTINEZ CA 94553 EXHIBIT A
925-228-4218 Page 1 of 9
EXHIBIT B PORTION OF
RIGHT-OF-WAY ACQUISITION APN 941-0550-007-1
59' — — PLAT MAP 6289 DOUGHERTY ROAD
TO ACCOMPANY LEGAL DESCRIPTION DUBLIN, CA.
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No. 7893
Wartinez, Carfomia 94553-1620
(925) 2284218 Fax (925) 228-4638
AB aF C6L14�4 03/19/2013 MARCH 2013
DATE SHEET 1 of 1 LCC JOB No. 2012.002.00
RECORDING REQUESTED BY:
City of Dublin
WHEN RECORDED MAIL TO:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568-0233
Exempt from recording fee per Govt. Code§27383
No Tax Due Exempt Transfer Rev&Tax Code§11922
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
4W, LLC, A California Limited Liability Company
PROPERTY PORTION OF APN 941-0550-007-1
6271-6309 DOUGHERTY ROAD, DUBLIN
DOUGHERTY ROAD IMPROVEMENTS
TITLE OF DOCUMENT
THIS PAGE HERE TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Government Code 27361.6)
Recorded at the request of:
City of Dublin
Return to:
City Cleric
City of Dublin
100 Civic Plaza
Dublin, CA 94568-0233
APN: Portion of 941-0550-007-1
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
For good and valuable consideration pursuant to that certain Property Purchase Agreement executed
by the parties hereto on or about the date hereof (AGREEMENT), the undersigned, 4W, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY (GRANTOR), hereby grants to the CITY OF DUBLIN, A
MUNICIPAL CORPORATION (CITY), and its successors and assigns a Temporary Construction
Easement, over, across, under and through the real property situated in the City of Dublin, County of
Alameda, State of California, described in Exhibit A, attached hereto (EASEMENT AREA) for public
road construction and conformance purposes related to the Dougherty Road Improvements
(PROJECT).
The CITY's rights under the easement granted hereby shall include, without limitation, the right
of the CITY, its officers, agents, contractors, and employees, and other governmental agencies
responsible for review or construction of any portion of the PROJECT and such agencies' officers,
agents, contractors, and employees, to enter upon the EASEMENT AREA with personnel, vehicles and
equipment for construction of the PROJECT, and all other activities related thereto, to remove all
improvements, trees and vegetation thereon that interfere with the purpose for which this easement is
granted, to conform the EASEMENT AREA to the PROJECT, and do any and all other actions
necessary and appropriate to the construction of the PROJECT.
If improvements in the EASEMENT AREA are removed pursuant to this Temporary
Construction Easement, such improvements will be reconstructed at the CITY's sole expense upon the
termination of the Temporary Construction Easement and will be restored to their original condition or
as close thereto as is feasible. If reconstruction is not feasible, the CITY will pay GRANTOR the value
of such improvements, which payment shall be in addition to the compensation set forth in the
AGREEMENT.
This Temporary Construction Easement is for a period of six (6) months, to commence upon
fourteen (14) days written notice from the CITY to GRANTOR, and shall terminate six (6) months after
such commencement. In the event the CITY occupies the Temporary Construction Easement area
beyond the six (6) months, the CITY shall pay GRANTOR, on a month-to-month basis, additional
compensation pursuant to the provisions of the AGREEMENT. In no event shall this Temporary
Construction Easement extend beyond the completion of construction. At no additional cost to the
CITY, the CITY shall have the right to enter upon GRANTOR's retained property, where necessary, to
Temporary Construction Easement
Page 1
I
reconstruct or perform any warranty or conformance works during or after the expiration of the
Temporary Construction Easement and any extension thereto and/or the completion of the PROJECT.
Said works include conforming driveways, walkways, lawn, landscaped and hardscaped areas,
irrigation systems, sidewalks or any area where reconstruction or warranty work on GRANTOR's
retained property is necessary.
All work performed by the CITY in the EASEMENT AREA shall conform to applicable building,
fire, and sanitary laws, ordinances and regulations relating to such work and shall be done in a good
and workmanlike manner.
The rights and obligations contained in this Grant of Temporary Construction Easement will (a)
run with the Property and burden, inure to and be for the benefit of and are binding on the Property,
Grantor and its successors and assigns, and be an equitable servitude of Grantor and its successors
and assigns, and (b) constitute an easement in gross for the benefit of the CITY and its successors and
assigns, and will be binding on the CITY and its successors and assigns.
IN WITNESS WHEREOF, this Grant of Temporary Construction Easement is signed and
executed on
GRANTOR:
4W, LLC, A California Limited Liability Company
State of California
County of
On before me, Notary Public,
personally appeared
who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument, and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature of Notary
Temporary Construction Easement
Page 2
PORTION OF
APN 941-0550-007-01
6289 DOUGHERTY ROAD
DUBLIN, CALIFORNIA
EXHIBIT A
LEGAL DESCRIPTION
Temporary Construction Easement
(TCE)
A portion of the parcel of land described in the Grant Deed to 4W, LLC, a California Limited
.Liability Company, filed on March 17, 2010, Document No. 2010-070842 in the Official Records
of Alameda County, State of California, more particularly described as follows:
A strip of land ten feet (10') in width, the westerly line of which is described as follows:
COMMENCING at the most easterly corner of said 4W, LLC parcel (Doc. 2010-070842), said
point also being the point of intersection of the southwesterly line of Tract 7181, Scarlett Place,
fled November 13, 2001, Map Book 261 at Page 79, Alameda County Records with the
northerly line of Parcel Map 7537, filed October 12, 2001, Map Book 260, at Page 78, Alameda
County Records; thence, along the southerly line of said 4W, LLC parcel (Doc. 2010-070842),
said line also being said northerly line of Parcel Map 7537 (260 M 78), North 88 049'58"West,
346.29 feet to the northwest corner of Parcel 1 as shown on said Parcel Map 7537 (260 M 78)
said point being the TRUE POINT OF BEGINNING; thence, leaving said southerly line (Doc.
2010-070842) and said northerly line (260 M 78), North 1013'02" East, 315.44 feet to a point on
the northeasterly line of said 4W, LLC parcel (Doc. 2010-070842) said line also being said
southwesterly line of Tract 7181 (261 M 79), said point being the terminus of the westerly line
herein described.
The easterly sideline of said strip lies parallel with and 10 feet(measured at right angles)
easterly of the above described line and is to be shortened or lengthened to begin and end at
said southerly and northeasterly lines of said 4W, LLC parcel (Doc. 2010-070842).
Containing an area of 0.07 acres, more or less. �o },AND sU 03/19/2013
LFpr �` Date
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No. 7893 �
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LCC,INC.- CIVIL ENGINEERS/LAND SURVEYORS
930 ESTUDILLO STREET
MARTINEZ, CA 94553 EXHIBIT A
925-228-4298 Pago 1 of 1
EXHIBIT B PORTION of
TEMPORARY CONSTRUCTION EASMENT APN 941-0550-007-1
PLAT MAP 6289 DOUGHERTY ROAD
TO ACCOMPANY LEGAL DESCRIPTION DUBLIN, CA.
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Martinez, Col'rfomia 94553-1620
No. uses (925) 228-4218 Fax (925) 228-4638
OR CsU1 ' 03/19/2013 MARCH 2013
DATE SHEET 1 of 1 LCC JOB No. 2012.002.00
CITY OF DUBLIN
100 Civic Plaza
Dublin, CA 94568
(925) 833-660
PROPERTY OWNER'S INFORMATION
PAMPHLET
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
This is an informational pamphlet only. It is not intended to give a complete
statement of all State or Federal laws and regulations pertaining to the
purchase of your property for a public use,the relocation assistance program,
technical legal definitions,or any form of legal advice.
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
Introduction:
This informational handbook is provided by the City of Dublin
(City) to give you general information about property acquisitions
for projects. It is not intended to be a definitive summation of the
law or to provide specific advice. For such purposes, the City
recommends consulting your personal attorney or other advisor of
your choice.
What Right Does the City Have to Acquire My Property?
Every City has certain powers which are necessary for it to
operate effectively. For example, States have the power to levy
taxes and the power to maintain order. Another power is the
power to acquire private property for public purposes. This is
known as the power of eminent domain.
The eminent domain process begins with a public use project.
When selecting a project location, the goal is to render the
greatest public good and the least private injury or inconvenience.
If it is determined that all or a portion of your property may be
necessary for a public use project, the City will begin the appraisal
process to determine the property's fair market value.
The rights of each of us are protected, however, by laws such as
the Fifth and Fourteenth Amendments to the United States
Constitution, the State Constitution, and eminent domain laws.
These laws guarantee that if a City takes private property it must
pay "just compensation" to the owner. Further, the owner may
have additional protections, some of which are explained in this
informational handbook.
Title VI of the Civil Rights Act of 1964 (42USC 2000d et. seq.)
sets forth the policy of the United States, within constitutional
limits, to ensure that all services and/or benefits will be
administered without regard to race, color, national origin, or sex.
- 1 -
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
What is a "Public Use"?
A "public use" is a use that confers public benefits, like the
provision of public services or the promotion of public health,
safety, and welfare. Public uses include a wide variety of projects
such as street improvements, construction of water pipelines or
storage facilities, construction of civic buildings, redevelopment of
blighted areas, and levee improvements to increase flood
protection. Some public uses are for private entities, such as
universities, hospitals and public utilities, which serve the public.
What is "Just Compensation"?
"Just compensation" is generally considered to be fair market
value. The fair market value of the property taken is the highest
price on the date of valuation that would be agreed to by a seller,
being willing to sell but under no particular or urgent necessity for
so doing, nor obliged to sell, and a buyer, being ready, willing, and
able to buy but under no particular necessity for so doing, each
dealing with the other with full knowledge of all the uses and
purposes for which the property is reasonably adaptable and
available.
The fair market value of property taken for which there is no
relevant, comparable market is its value on the date of valuation
as determined by any method of valuation that is just and
equitable.
-2 -
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
How Will the City Determine How Much to Offer Me for My
Property?
Before making an offer of compensation to you the City will obtain
at least one appraisal by an independent, accredited real property
appraiser who is familiar with local property values. The appraiser
will inspect your property and provide the City with an appraisal
report stating his or her opinion of the fair market value of the
property rights to be acquired by the City. The appraisal report
will be reviewed by the City to confirm that the estimate of value is
fair.
The City is required to offer you just compensation for your
property. This amount, with limited exceptions, is the fair market
value of the property rights to be acquired.
How Does an Appraiser Determine Fair Market Value of My
Property?
Each parcel of real property is different and, therefore, no single
formula can be devised to appraise all properties. Among the
factors an appraiser typically considers in estimating the value of
real property are:
• The location of the property;
• The age and condition of improvements on the property;
• How the property has been used;
• Whether there are any lease agreements relating to the
property;
• Whether there are any environmental issues, such as
contaminated soil;
• Applicable current and potential future zoning and land use
requirements;
• How the property compares with similar properties in the
area that have been sold recently;
• How much it would cost to reproduce the buildings and
other structures, less any depreciation;
• How much rental income the property could produce; and
• Other factors affecting use of the property.
-3 -
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
Will I Have A Chance to Talk to the Appraiser?
YES. You must be contacted and given the opportunity to
accompany the appraiser on his inspection of your property. You
may then inform the appraiser of any special features which you
believe may add to the value of your property. It is in your best
interest to provide the appraiser with all the useful information you
can in order to insure that nothing of allowable value will be
overlooked. If you are unable to meet with the appraiser, you may
wish to have a person who is familiar with your property represent
you.
How Soon Will the City Give Me a Written Purchase Offer?
Generally, you should receive a purchase offer within 60 days of
the approved appraisal, however, the timing of a purchase offer
depends on the following factors:
1. The amount of work required to appraise your property;
2. The availability of funding;
3. Possible project delays caused by factors outside the control
of the City; and
4. Internal processing requirements and reviews.
-4 -
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
What is in the City's Statement of the Basis for Its
Determination of Just Compensation?
The City's statement of the basis for its determination of just
compensation, also referred to as an Appraisal Summary
Statement, must be provided to you with the written purchase
offer. Among other things, this statement will include:
• A general statement of the City's proposed use for the
property.
• An accurate description of the property to be acquired.
• A list of the improvements covered by the offer and any
conditions.
• The amount of the offer.
• An indication that the offer does not reflect any relocation
payments or other relocation assistance which you may
receive under other regulations.
• The recognized definition of the term "fair market value".
The City is only required to show you a copy of the full appraisal
if your property is an owner-occupied residential property with
four or fewer residential units. Otherwise, the City may, but is not
required, to disclose its full appraisal during negotiations (though
different disclosure requirements apply during the litigation
process if the issue of fair market value is litigated.)
Can I Have My Own Appraisal Done?
YES. You may decide to obtain your own appraisal of the
property in negotiating the fair market value with the City. At the
time of making its initial offer to you, the City must offer to
reimburse you the reasonable costs, not to exceed $5,000, of an
independent appraisal of your property. To be eligible for
reimbursement, the independent appraisal must be conducted by
an appraiser licensed by the State Office of Real Estate
Appraisers. Please discuss the reimbursement process with the
City's acquisition representative.
-5 -
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
Does the City Consider Buildings, Structures, and
Improvements?
Sometimes buildings, structures, or other improvements
considered to be real property are located on the property to be
acquired. If this is the case, the City must offer to acquire
buildings, structures, or other improvements if they must be
removed or if the City decides that the improvements will be
adversely affected by the public program or project.
When an improvement can be considered real property if owned
by the owner of the real property on which it is located, then this
improvement will be treated as real property.
Does the City Consider Tenant-Owned Buildings, Structures
and Improvements?
Sometimes tenants lease real property and build or add
improvements for their use. Frequently they have the right or
obligation to remove the improvements at the expiration of the
lease term. If, under State law, the improvements are
considered to be real property, the City must make an offer to the
tenants to acquire these improvements.
In order to be paid for these improvements, the tenant-owner
must assign, transfer, and release to the City all right, title, and
interest in the improvements. Also, the owner of the real
property on which the improvements are located must disclaim
all interest in the improvements.
Just compensation for an improvement will be the amount that
the improvement contributes to the fair market value of the whole
property, or its value for removal from the property (salvage
value), whichever is greater.
-6 -
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
May I Keep Any of the Buildings or Other Improvements on My
Property?
Very often, many or all improvements on a property are not
required by the City. This might include such items as a fireplace
mantel, your favorite shrubbery, or even an entire house. If you
wish to keep any improvements, please let the City know as soon
as possible. Retention of improvements by the property owner
will require an appropriate adjustment to the purchase price.
Must I Accept the City's Initial Offer?
NO. You are entitled to present your evidence as to the amount
you believe is the value of your property and to make suggestions
for changing the terms and conditions of the offer. The City must
make reasonable efforts to consider and respond to your
evidence and suggestions.
May I Have Someone Represent Me During Negotiations?
YES. If you would like an attorney, real estate agent, or anyone
else to represent you during negotiations, please so inform the
City in writing. However, state law does not require the City to
pay the costs of any such representation.
If I Agree to Accept the City's Offer, How Soon Will I Be Paid?
If you reach a voluntary agreement to sell your property and your
ownership (title) is clear of encumbrances, payments will be made
at the earliest possible date or a mutually acceptable time.
Generally, this should be possible within 90 days after you sign a
purchase contract. If your ownership is not clear, you may have
to pay the cost of clearing title sufficiently to convey clear title on
your property. (Title evidence is basically a legal record of the
ownership of the property. It identifies the owners of record and
lists any restrictive deed covenants and recorded mortgages liens,
and other instruments affecting your ownership of the property.)
-7 -
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
What Advantages are there in Selling My Property to the
City?
A real estate transaction with the City is typically handled in the
same way as the sale of private property. However, there may be
a financial advantage to selling to the City.
• You will not be required to pay for title costs,
preparation of documents, title policy or recording
fees required in closing the sale. The City will pay all
these costs.
• Although the City cannot give you tax advice or
direction, you might also be eligible for certain
property and income tax advantages. You should
check with the Internal Revenue Service (IRS) for
details or consult your personal tax advisor.
Will I Have to Pay any Settlement Costs?
You will not be responsible for the reasonable and necessary
costs of typical services required to complete the sale, recording
fees, transfer taxes, and any similar expenses which are
incidental to transferring ownership of your property to the City.
Can the City Acquire Only a Part of My Property?
In general, when only a part of your property is needed, every
reasonable effort is made to ensure you do not suffer a financial
loss to the "remainder" property. The City will pay you the fair
market value of the property being taken as well as compensation
for any loss in value to your remaining property that is not offset
by the benefits conferred by the project. The compensation for
the loss in value to your remaining property is often referred to as
"severance damages."
Also, if any remaining part is of such a size, shape, or condition as
to be of little market value, the City will offer to acquire that
remaining part (or remnant)from you, if you so desire.
-8 -
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
How Soon Must I Move?
Every reasonable effort will be made to give you ample time to
relocate after the acquisition of your property. In most cases, a
mutually satisfactory arrangement can be worked out. Except in
an unusual instance where there is an urgent need for your
property, you cannot be required to move from your residence or
to move your business or farm operation without at least 90 days
advance written notice of the date by which your move is required.
If you reach a voluntary agreement to sell your property, you
cannot be required to move before you receive the agreed
purchase price. In the case of a condemnation, you cannot be
required to move before the estimated fair market value of your
property has been deposited with the court (or into escrow) so
that you can withdraw your share.
If you are being displaced from your residence, decent, safe and
sanitary replacement housing must be available before you can
be required to move.
Will I Receive Assistance with Relocation?
YES. If eligible and, in addition to any compensation paid through
the property acquisition process, the City will provide relocation
advisory and financial assistance for eligible relocation expenses,
such as moving expenses. The amount of relocation expense is
determined on a case-by-case basis in accordance with the
Federal Uniform Act and State Guidelines. A Relocation
Assistance Program brochure describing relocation benefits will
be available from the City if the project proceeds. Relocation
benefits are handled separate and apart form the determination of
the property's fair market value and are not part of the eminent
domain process.
No relocation payment received will be considered as income for
the purpose of the Internal Revenue Code of 1954.
-9 -
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
What Will Happen to the Loan on My Property?
Where the City is acquiring the entire property, generally the
compensation payable to the owner is first used to satisfy
outstanding loans or liens as in a typical real estate transaction.
Where less than the entire property is being acquired, whether
outstanding loans or liens are paid from the compensation will
depend on the particular facts and circumstances.
I'm A Veteran, How About My GI Loan?
After your GI home mortgage loan has been repaid, you may be
permitted to obtain another GI loan to purchase another property.
Check on such arrangements with your nearest VA office.
If My Property, which the City is Acquiring, is Worth More
Now than When I Bought it, Must I Pay Capital Gains Tax on
the Increase?
It is recommended that you consult your tax advisor or the
appropriate tax agencies if you have questions concerning these
issues. Also, Internal Revenue Service (IRS) Publication 544,
"Sales and Other Dispositions of Assets", is available from the
IRS. (NOTE: The number of this publication may change from
time to time.) It explains how the Federal income tax would apply
to a gain or loss under the threat of condemnation for public
purposes. If you have any questions about the IRS rules, you
should discuss your particular circumstances with your personal
tax advisor or your local IRS office. The State of California
Franchise Tax Board should be able to provide information
regarding any State tax due, if any, resulting from the purchase by
the City.
- 10-
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
Won't My Property Taxes Increase Substantially When I
Purchase A New Home Because of the Proposition 13 Re-
Assessment Formula?
NO. Not as long as the replacement property's purchase price
does not exceed 120% of the sales price for the acquired
property. Section 2(d) of Article XIIIA of the California
Constitution provides that property tax relief shall be granted to
any real property owner who acquires comparable replacement
property after having been displaced by the City. If the full cash
value of the comparable replacement property does not exceed
120% of the purchase price or the court judgment of the property
acquired or taken, then the adjusted base year value of the
property acquired or taken shall be transferred to the comparable
replacement property. An application for this property tax relief
adjustment must be filed with the County Office Assessor's Office
as soon as possible after the settlement of the purchase of the
replacement property, governmental acquisition or condemnation
proceedings. Contact the County Assessor's office and/or your
tax advisor with questions you may have regarding this real
property tax relief provision.
Will I Be Compensated for the Loss of Goodwill for My
Business?
If you own a business located and conducted on the real property
to be acquired, you may have a right to claim compensation for
loss of goodwill. Please discuss with the City's acquisition
representative.
Is it Possible to Donate My Property to the City?
YES. However, prior to accepting a donation, the City must
inform the owner in writing of their right to receive an appraisal
report of the market value of their real property being donated.
The property owner must indicate in writing that although he/she
understands he/she cannot be required to sell his/her property for
less than just compensation, he/she voluntarily agrees to do so or
to contribute the property without payment of compensation. You
are advised to consult with a tax advisor and lender(s) prior to
making a donation.
- 11 -
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
What Happens if I Don't Agree to the Purchase Offer by the
City?
The City, to the greatest extent practicable, will make every
reasonable effort to acquire your property by negotiated purchase.
If, however, the negotiations are unsuccessful, the City may either
file an eminent domain action in a court located within the same
county where your property is located or it may decide to abandon
its intention to acquire the property. If the City abandons its
intention to acquire, it will promptly notify you.
If the City proceeds with eminent domain, the first step is for City
staff to request authority from the City Council to file a
condemnation action. The approval from the City Council is called
a "Resolution of Necessity." In considering whether condemnation
is necessary, the City must determine whether the public interest
and necessity require the project, whether the project is planned or
located in the manner that will be most compatible with the greatest
public good and least private injury, and whether your property is
necessary for the project. You will be given notice and an
opportunity to appear before the City Council when it considers
whether to adopt the Resolution of Necessity. You may want to
call an attorney or contact an attorney referral service. You or your
representatives can raise any objection to the Resolution of
Necessity and the condemnation either orally before the City or in
writing to the City.
If the City Council adopts the Resolution of Necessity, the City can
file a complaint in court to acquire title to the property upon
payment of the property's fair market value. The City is the
plaintiff. Anyone with a legal interest in the property, generally
determined from a title report on the property (including tenants or
mortgage holders), are named as defendants. Often, the City will
also deposit the amount the City believes is the "probable amount
of compensation" with the State Treasurer where the complaint is
filed. A deposit must be made if the City is seeking to acquire
possession of the property before agreement is reached on the fair
market value.
- 12-
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
Can the City Acquire Possession of My Property Before the
Property's Fair Market Value is Determined in the Eminent
Domain Lawsuit?
In some cases, the City may decide it needs possession of the
property before the property's fair market value is finally
determined. In such a case, the City must apply to the court for an
"order for possession" to allow it to take possession and control of
the property prior to resolution of the property's fair market value.
The City is required to schedule a hearing with the court on the
proposed order for possession and to give you notice of the
hearing. Notice must generally be sent at least 90 days before the
hearing date if the property is occupied and 60 days before the
hearing date if the property is unoccupied. A judge will decide
whether the order for possession should be granted. As noted
above, the City must deposit with the State Treasurer the probable
amount of just compensation in order to obtain possession if the
property.
Can I Oppose the Motion for an Order for Possession?
YES. You can oppose the motion in writing by serving the City and
the court with your written opposition within the period of time set
forth in the notice from the City.
Can I Rent the Property from the City?
If the City agrees to allow you or your tenants to remain on the
property after the City acquires possession, you or your tenants will
be required to pay a fair rent to the City. Generally, such rent will
not be more than that charged as rent for the use of a property
similar to yours in a similar area.
- 13-
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
Can I Withdraw the Amount Deposited with the State Treasurer
before the Eminent Domain Action is Completed, Even if I
Don't Agree that the Amount Reflects the Fair Market Value of
My Property?
YES. Subject to the rights of any other persons having a property
interest (such as lender, tenant, or co-owner), you may withdraw
the amount deposited with the State Treasurer before the eminent
domain action is completed. If you withdraw the amount on
deposit, you may still seek a higher fair market value during the
eminent domain proceedings, but you may not contest the right of
the City to acquire the property, meaning you cannot contest that
the acquisition of your property is for a public purpose or is
otherwise improper.
You may have the right to ask the court to require the City to
increase the amount deposited with the State Treasurer if you
believe the amount the City has deposited less than the "probable
amount of compensation".
Can I Contest the City's Acquisition of the Property?
YES. Provided you have not withdrawn the amount deposited, you
can challenge in court the City's right to acquire or condemn the
property.
- 14-
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
What Happens in an Eminent Domain Trial?
The main purpose of an eminent domain trial is to determine the
fair market value of your property, including compensable interests
such as lost business goodwill caused by the acquisition, or
severance damages. The trial is usually conducted before a judge
and jury. You (and any others with interests in the property) and
the City will have the opportunity to present evidence of value, and
the jury will determine the property's fair market value. In cases
where the parties choose not to have a jury, the judge will decide
the property's fair market value. Generally, each party to the
litigation must disclose its respective appraisals to the other parties
prior to trial.
If you challenge the City's right to acquire the property, the eminent
domain trial will also determine whether or not the City has the
legal right to acquire the property. In such cases, the judge (not
the jury) will make this determination before any evidence is
presented concerning the property's fair market value.
At the end of the trial, the judge will enter a judgment requiring the
City to pay fair market value. Once the City pays the amount
listed in the judgment, the judge will enter a final order of
condemnation. The City will record the final order with the County
Recorder, and title to the property will then pass to the City.
Am I Entitled to Interest?
Anyone receiving compensation in an eminent domain action is
generally entitled to interest on that compensation from the date
the condemning agency takes possession of the property until the
person receiving the compensation has been fully paid. The rate
and calculation of the interest is determined under formulas in
State law.
- 15-
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
Will the City Pay My Attorney's Fees and Costs?
In an eminent domain action, you are entitled to be reimbursed by
the condemning agency for your court costs such as filing fees. In
some circumstances, you may also be entitled to be reimbursed by
the condemning agency for your attorney's fees in the lawsuit.
Whether you will be entitled to receive reimbursement for your
attorneys' fees will depend on the particular facts and
circumstances of the case and the offers and demand for
compensation made in the action.
What Can I Do If I Am Not Satisfied With the Court's
Determination?
If you are not satisfied with the court's determination of the
amount for just compensation, you may file an appeal with the
appropriate appellate court for the area in which your property is
located. The City may also file an appeal if it believes the amount
of the court judgment is too high.
- 16-
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
DEFINITIONS
The language used in relation to eminent domain proceedings
may be new to you. These are some terms you may hear.
Please note that these definitions are general and are provided to
assist in the discussion related to the proposed acquisition. They
are not intended to be legal definitions.
Acquire—To purchase.
Answer— The property owner's written reply, in appropriate legal
form, filed with the court in response to the complaint and as
requested by the summons.
Compensation — The amount of money to which a property
owner is entitled under the law for the purchase or damage to the
property.
Complaint — The document filed with the court by the City which
initiates an eminent domain proceeding.
Condemnation — The legal process by which a proceeding in
eminent domain is accomplished.
Counsel—An attorney or attorneys.
Eminent Domain — The right of government to purchase private
property for public use.
Final Order of Condemnation — The instrument which, when
recorded, transfers title to public ownership.
Judgment — The court's formal decision based on applicable law
and the verdict.
- 17-
WHEN A PUBLIC AGENCY PROPOSES TO ACQUIRE
PROPERTY FOR PUBLIC PROJECTS
Loss of Goodwill — A loss in the value of a business caused by
the City's acquisition of property that cannot be reasonably
prevented by relocation of the business or the owner adopting
prudent or reasonable steps that preserve the value of the
business goodwill.
Market Value — The fair market value of the property taken is the
highest price on the date of valuation that would be agreed to by a
seller, being willing to sell but under no particular or urgent
necessity for so doing, nor obliged to sell, and a buyer, being
ready, willing, and able to buy but under no particular necessity for
so doing, each dealing with the other with full knowledge of all the
uses and purposes for which the property is reasonably adaptable
and available.
Parcel— Usually means the property that is being acquired.
Plaintiff—The public agency that desires to purchase the property.
Possession— Legal control; to have the right to use.
Property — The right or interest which an individual has in land,
including the rights to use, possess, and dispose.
Summons — Notification of filing of a lawsuit in eminent domain
and of the necessity to file an answer or other responsive pleading.
Title— Legal ownership.
Trial — The hearing of facts from plaintiff and defendant in court,
either with or without a jury.
Verdict—The amount of compensation to be paid for the property.
- 18-
/l%ma'
September 3, 2014
DIJBLIN
M Civic V'C£:aza
N::bunab,California 94568
F"ho ne- (925)833-6650
�..�_. �
Fax: (925)8316651 2000 Victcnrprne Lane
Liverrnore, CA 04550
1 . Notice of intention t d pt ResOkdi011 of Neces§ity
I.)ou,ugh rty FRoad lrrnprr vem n°nt x Project
Site Address( 62715300 Ili:trau.ugherty Road, l lulblliu°n, CA
PM 941 ,0550.....00° -01
NOTICE IS HEREBY I E , pursuant to Code CMill Procedure ert oirl
1245.2 35, that the It ou n it of,the It of Dublin ("City") will conslder
adopting a Resokutio n of Necessity under Article 2 (c$carrnrn'n rncirng with
Section 1245.210) of Chapter 4 of"Title 7 cat Pall 3 of tine Calffoirirfla
of CM1 Procedure u»uthori irng fl-'re filing of eminerit dorrn lirn proceed irng s to
acquire rt lirn real property interests for the Dougherty Road
lrrnprovernnent: Project (the "Flroj t").. Specifically, the City is proposing to
acquire the following fr r n the property located at 0271 0300 Douugl[ierty
Road, Assessor's P rc p Number 9410550007-01: (1) the fear; sMiple
interest in~n the 30 foot wide ,:,trip al lrng the IDoi.igharty Road froru tag
containing 10,010 square feet; and (2) a six month temporary construction
easement aver a 10 foot wick(, strip adjacent to the eat of the fee sirnp le
City ounciu a qUi iticarn area, carntairn'p ng 3«040 squarefeet. The legal descriptions and
(925)833-6650 pllats of the proposed acqui slfions are attached as hi it "A" hereto and
City Manager incorporated herein by reference.
(925)833,6650
CommuMty IDeveOop irneint
(925)833-6630 NOTICE IS F:`IJR7HER GIVEN that tine City Council will consider the
E oi ornic Develiopme"t adoption of the Resolution of Necessity at its r gWarly scheduled meeting
(225(833 6650 on Tuesday, October 7, 2014, at 7:00 p.lm., in the Councill Chamlber
Ei ) nnn�Services
(925 833,6 647 located a t ,10 Civic Plaza, Dublin, California 94558.
IFIre IPrevention
(925)833-6606 NOTICE IIS FUR111ER GIVEN that you have the right to app ear and be
Humal,w Resources heard before the C�au n°ncuil at tI°nom above hedUl ct hearing a tine�f lllca ling
(925)833-6605
Parks&Cownun3ty ry ices matters (irn luvu ling those referredto in Sections 1240.030 of Code of Mi
(925).556.4501) Procedure-), and to have the Council consider, testimony prig'tcu deciding
Pollice whether, or-, not to adopt the proposed �crtian of Necessity:
(925)833-6670
Publk Works/Englineering
(925)833 66:30 (a) Whetherthe public interest and necessity raquulire the l:)r jec;t;
(b) Whether the Il Project is piarnlrn ct or located in the n° arirnar that
Dublin nrilll be most cornpatible with the greatest Ipublic good and the least private
injury,
Mi&Aaabm!caCHV
i1� O Whether the property sought to be acquired is necessary for
2011
Itna IF-Irraje t,- and
wwwAuuMun.£a gav
(d) Whether the offer required by GOVEm'irnerit Code Section
'7267.2 has been made to the owner of record.
(e) Whether the City of Dubfi n has complied with all coinditions
and statutory reqUirernerits necessary to exercisethe power of enl'hneii t
dornain to acqL,flre tl,-n e property herein, as well as any other rnafter
regarding the City's dgtit to tape thew property by eminent domain,
Questions regarding the arnount of compensatiori to be paid ,for the
propei1 interests proposed to be acquired are not part of this proceeding,
Y
and thE Con incH MI not consp der SUCIh matter's in detEnrrnining whether a
[ResoWfion of Necessity ShOUld be adop'ted,
If you Wsh to appear arid be heard at this rneefing, you must flie a writen
request to appear arid be heard with 'the eirk of the City of Du Min at 100
C ivic F1aza, Dublin, Cafiforn�p a, 94568, withiinfifteen (15) days after this
Notice was rnailed.
NOTICE IS FURTHER GIVEN tin atthe failure to file such a wrift en request
to appear and be heard within fifteen (1 5) days after,the mailing oUtHs,
Notice will re sdlt in a walver of the right to appear and If,prm heard on the
Matter's specified above. However, if you elect not to appear aind be
heard, YOU, non-appearance will not be a waiver of your right to clair
greater compensation in the eminent domain procee&ng.
By-
........................................... .....................................
C it C Jerk, City of Dubfin
Attachment
cc, Rdbert A Randick, Esq.
2325121A
PORT ON OF
APN 941-0550-007-01
6289 DOL.lGHERTY ROAD
DUBI IIN, CALff:::'0WA
EXHIBIT A
LEG AI E)ESCMPTIOIN
Right-of...Way Acquisdon
A Portion of the Ipaircei of Ilan d described in the Grant Deed to 4W, LL C, a Caiifornwa I iimfted
Jabflity Company, filed on March 17, 2010, Document Igo. 2010-070842 M the Official Records
of Allarneda Couinty, State of Cafiforinia, more IpartiU dady described as foflows,',
COMMENUNG at the most easterly corneir of said 4W, 1-1-C parcel (Doc,, 2010-070842), said
point 61so Ihaeurn g the Ip6 nt of uiitersecfion of the southwestedy line of Tract 7181, adeft Place,
filed November 13, 2001, Map Book 261 at Page 79, AIlarneda COLUnty Records with the
noi-theidy kne of ParceB Map 7537, filed Octobeir 12, 2001, Map Book 260, at Page '78,A arneda
Cou,rnnt IlRe cords; thence, aloing the southei0y Hne of said 4W, L1... parcel (Doc. 2010-070842),
said lime also being said noirtherly hne of Parcel Map '7537 (260 M 78), North 88049'58" West,
346.29 feet to the northwest corner of Parcel I as shown on said Parcei Map '7537 (260 M 78)
said p6nt being the TRUE PUN"T'0FBEGiNNi!qG; thence, leaving said southeirly fine (Doc,
2010-070842) and said northerly kne (260 M 78), North 1*13'02" (Past, 315.44 feet to a point on
the noftheasteirly ihie of said 4W, 1...N_ par ell (Doc, 2010-070842)said Hne�ally o 1b6 n0 said
southwestedy line of T'ract 7181 (261 M79); thence, allong saM northeasterly fine (Doc, 2010--
070842), Nofth 46028'47"West, 40.56 feet to a point on the direct extern sNon north of the east
kne of Dougherty Road, Foirmedy A1a Road, as described Nn the ABann doiniment ResoUion
No. 45662, filed April 16, 1946, in Book 4876 at Page 209, Offic4l Records of Alameda County,-
them ce, alto g the easterly fine of said Dougherty f"ioad and its direct extension (4876 OR 209),
South 1'13'02"West, 342.76 feet to a point on said southerly Hine of the 4W, LL C par cell (Doc.
2010-070842); thence, aloing said southedy Iline of 4W, II.I C parcel (Doc. 20,10-•070842), said
line all so being said northetty Ilinne of ParceN Map 7537 (260 M 78), South 88049'58" East, 30.00
feet to the...1....RUE PONNT OF B[:"GINNING.
LAND
V,
Containing an area of 0.23 acres, more or Ness. LEP ..
03/19/20'13
Date No. 7893
0'r CA0
LCQ INC. (-IVIL f.-NGINEERS LAND SUR,VEYORS
930 ESTUDILL0 S FREE T
MARFINEZ, CA 94553 EXHIBIT A
9295-228-4218 Page 1 of 1
1EM flBl"T" B PORTION OF
RIGHT OF-WAY ACQUI&T]ON APN ,9410550-007 1
59' - PL 1
A MAP 6289 DOUGIVERTY ROAD
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Note:
FkAsting easernewts shown hereon are based
"%%% on the Fxceptions and Exclusions listed in the
cr
.1 Q IN,\\ Prefitryinog Report from North Amedcan Rtle
U
Company inforrypofibn date(i 11,3112012 for
AM 941-0550-007-01 (Order No. I 1JJOJ4).
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Le Jeen, ronh, Cooper, lgonis_& Poore, bc.
dba LCC, Inc.
Cjvd Engineering - Land Surveying
930 Btudflb Street
No,, 7893 Mait�nez, Ufforrio 9455:1-1929
(925) 228-4,218 Fax (925) 228 4638
C 03/19/2013 MARCH 2013
DKIFE SHEFT 1 of 1 LCX JOB No. 201
.....wo
1'101`010N OF'
APN 941,0550 007-01
6289 1DOUGHER-rY ROAD
DUDUTI, CAI WORMA
EXHHB� 11 A
LEGAL DE.:..�WFOPTiON
Feimpoirary Construcbon Easemein't
(T-GE)
A jjport n of the parcel of Il aind described in the Grant Deed to 4W, LLC, a CaHfbrinia 11 4TIfted
L.JaWfty Company, filed on March 17, 2010„ Document No. 2010-070842 in the Offic4l Records
of Ala Sri eda County, State of Callifbrinlia, more paftiUflady descdbed as foHows,
A stidp of i and ten feet (10') in wi dth, dine westedy line of wMch is desciribed as foHows°
C OMMENCIIING at the most eastelly corner of said 4W, LL C parcei (Doc. 2010 070842), said
point also Ibeing the point of intersection 0fr the southwesterly iine of I ract 7181, Scadett Pp ace,
Milled November 13, 2001, Map Boolk 261 at Page 791 Aiairneda County Records with the
northerIly line of Parcei Main '7537, filed October ,12, 2001, IMap Book 260, at lugs 78,Alameda
COUnty Records; thence, aloing the southerly fine of said 4W, l L.0 parcel (Doc, 2010-070842),
said fine Wso being said northerly fine of ParceIl Map 7537 (2 60 M 78), 1North 88"49'58"West,
346.29 feet to the northwest corner of Parcel 1 as shown on said Marcel Map 7537 (260 M 78)
said popnt being the TRUE IP- OiNT OF BEGNNIIING-1 thence, leaving said southedy Hine (Doc,
2010--070842) and said northerly line (2 60 IM 78), North 101 '02"" East, 315.44 feet to a p6rit on
the northeasterly [in of said 4W, LLC paircel (Doc. 2010-070842) said fine also Ibe4,i g saki
southwesterly Hne of Tract 7181 (261 M79), said point Ib epng the terrnirms of the westerly lime
herein described.
'11'he eastedy sidehine of said strip fies paraflel with and 10 feet(measured at right angp es)
easterly of flhe above described hne and is to be shortened or lengthened to begin and and at
said souffierly and noirtheastedy fines of said 4,W, ILIL.0 parc;el (Doc. 2010-070842),
03/19/2013
CorrtaWng an area of 0,07 acres, rnore or less.
N ..............
Date
No 7693
C ,L ,INC�
C CIVIL ENGINEFIRS I LAND SURVFY0PS
930 ESTUDILL0 STREE�
MARTINEZ. GA 94553 EXHIBITA
925..228-4218 page 1 of 1
1: XH111BIT' B PORTION OF
I,,,.EIMPOI,... ,.. I Y N `FRWC'TD IE-EAS IEI ,I,. APN 941_,,,,V550--007 I
P1 X289 UGN Al" Ilia HE TY ROAD��r � , � .
FO CCOMPAI II, GAL S� IF1 FON �.
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„ I
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6 ...
^�q
} E'Wstiaaq era.:serraento hown hereon are based
on the Exceptions and Ekcla,rsions fisted in the
;. r�^diaa�in ary Report from North American` Title
Company information dated 1/13112 12 for
APN 944-0550-007-01 (Order No. 11,3304)
L.a 9
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to ;. #6x289 HERE II RD
N 941 -0550-007-1
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a � r t . ® Cronin, C a�euPr Morris P ..e.. Inc.
..... ......... .....
dba LCC, Inc.
Civil Engineering - Land Surve;yirrg
w 930 Sdu idilllaa Street
Martinez, Cuffom as 94563--1610
a�.
"% (616) 116- 216 Fox (913) 113- 636
03/19/2013 MARCF1 2013
eA ................
W TNDICK O'DEA
OOLIATOS LLP RECEIVED
ATTORNEYS AT LAW
SEP 10 2014
CITY OF DUBLIN
September 9, 2014 CITY MANAGER'S OFFICE
Clerk of the City of Dublin
100 Civic Plaza
Dublin, CA 94568
Be: Notice of Intention to
Adopt Resolution of Necessity
6271-6309 Dougherty Road
Dublin, CA
Hearing Date: October 7, 2014
Tune: 7.00 p.m.
Dear Sir/Madam:
This letter shall serve as my written request to appear and be heard on behalf of the affected
property owner, 4W, LLC, at the above referenced hearing before the City Council, scheduled
for October 7, 2014 at 7:00 p.m.
Thank you.
Very truly yours,
RANDICK Q'- &TOOLIATOS, LLP
By
Robert A. Randick
RAR/es
5000 HOPYARD ROAD, SUITE 225 1 PLEASANTON, CA 94588- 3348
\\prolaNv9\Pro vDocs\NV0595.002\2920
�'ELEPHONE o� 460- 3700 1 FAx 925-460-0969 1 RANDICK Aw.covl