HomeMy WebLinkAbout6.3 SinghsPropertyRoadImpr_�• CITY CLERK
File # E1&171VQ1_[X1&
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 21, 2005
SUBJECT: PUBLIC HEARING: To Consider Adoption of a Resolution of
Necessity to Condemn Real Property at 6400 Dublin Boulevard
(Singhs) for Capital Improvement Program (CIP) Project No. 96852,
Dougherty Road Improvements — Houston Place to I-580
Report Prepared by: Melissa Morton, Director of Public Works
ATTACHMENTS: 1) Resolution of Necessity, with Exhibits
2) Location Map
RECOMMENDATION: 1) Open Public Hearing
2) Receive Staff Presentation
3) Receive public comment
4) Close public hearing
5) Deliberate
6) Adopt Resolution (requires 4/5 affirmative vote to pass)
FINANCIAL STATEMENT: Costs of the land acquisition are being paid for with Eastern Dublin
Traffic Impact Fees.
DESCRIPTION: The City of Dublin seeks to widen and improve Dublin Boulevard
and Dougherty Road at the intersection of these two major arterial streets as part of CIP Project No.
96852, Dougherty Road Improvements — Houston Place to I-580. In order to accomplish this goal, it is
necessary for the City to acquire a portion of a parcel, commonly known as 6400 Dublin Boulevard (APN
941-0550-009-11), owned by Tejindar P. and Rajinder K. Singh ("Singhs").
The subject property is located at the southwest corner of the Dublin Boulevard and Dougherty Road
intersection. The Singhs are currently operating a 76 Gas Station on this site.
The City must acquire 5,480 square feet of land in fee from the Dublin Boulevard and Dougherty Road
frontages of this site for the Dublin Boulevard/Dougherty Road Widening Project. In addition to the fee
ownership acquisition, the City also needs to acquire a 1,967 square -foot temporary construction
easement to facilitate construction of the project. Within the area of the proposed acquisition, the
property is landscaped with grass and groundcover and includes portions of asphalt driveways and paving.
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COPIES TO: Tejindar & Rajinder Singh
Kevin Lally, Attorney at Law
ITEM NO.
GAMISCPROADougherty Rd Imp - Houston to I-580\Right of Way\AS necessity - Singh.DOC
On July 6, 2004, the City Council adopted Resolution No. 130-04, approving a Mitigated 'Negative
Declaration for the project in compliance with the California Environmental Quality Act.
Before the City Council can consider adoption of a Resolution of Necessity, the City must submit a
purchase offer to the property owners. The offer, required by Government Code Section 7267.2, must
be based upon an approved appraisaL The City did have the property appraised and on April 7, 2005,
tendered an offer to purchase the property for the appraised value of $456,000. The City subsequently
updated its appraisal - resulting. in a new appraised value of $530,500 - and by letter dated June 10,
2005, offered ~s amount to the Singhs. To date, however, the City has been unable to negotiate a
settlement with the Singhs.
.
To adopt a Resolution of Necessity for the Singh property, the City Council must make the following
findings:
1) Whether the public interest and necessity require the project. The acquisition of a portion of
APN 941-0550-009-11 will enable the City to proceed with the project to widen the intersection of
Dublin Boulevard and Dougherty Road.
2) Whether the project is planned' or located in the manner that will be most compatible
with the greatest pnblic good and the least private Injury. The Dublin Boulevard and
Dougherty Road alignments require that the subject property be acquired for the widening project.
The improvements are consistent with the City's General Plan. This widening project for Dublin
Boulevard and Dougherty Road was approved by the City Council after study and hearings on
November 16, 2004, Resolution No. 222-04. The property to be acquired by the City will not
displace any private parties.
3)
Whether the property sought to be acquired Is necessary for the project. As previously .
stated, the widening of Dublin Boulevard and Dougherty Road requires the acquisition of the .
subject property. The project is necessary for the mitigation of increased traffic at this
intersection.
4) Whether the offer required by Government Code Section 7267.2 has been made. The offer
has been made.
The property owner, and the property owner alone, has the right to address the Council on all of these
proposed findings. .
Adoption of the resolution of necessity authorizes the City Attorney to institute an emimmt domain action
to acquire the property. The action will be filed promptly should the Council approve the resolution of
necessity. The resolution also authorizes an application for an order of possession of the property, which
is an order to allow the City to take possession of the property prior to final resolution of the lawsuit, for
purposes of constructing the project.
RECOMMENDATION:
Staff recommends that the City Council conduct a public hearing, close the public hearing, deliberate, and
adopt the Resolution of Necessity by a 4/5 vote.
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RESOLUTION NO. -05
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUISITION OF CERTAIN LAND AND
DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS FOR THE CAPITAL
IMPROVEMENT PROGRAM (CIP) PROJECT NO. 96852, DOUGHERTY ROAD
IMPROVEMENTS- HOUSTON PLACE TO 1-580, WITH SCARLETT COURT ACCESS TO
DUBLIN BOULEVARD LIMITED TO RIGHT TURN OUT ONLY AND RIGHT TURN FROM
DUBLIN BOULEVARD TO SCARLETT COURT ELIMINATED - TEJINDAR P. AND
RAJINDAR K. SINGH, PROPERTY OWNERS
Assessor's Parcel No. 941-0550-009-11
WHEREAS, it is desirable and necessary for the City of Dublin to acquire fee title and a
temporary construction easement within certain real property, particularly described in Exhibit "A,"
attached hereto and made a part hereof by reference, in order to construct, widen and/or improve the
intersection of Dublin Boulevard and Dougherty Road (the "Project"); and
WHEREAS, the City of DubIin is vested with the power of eminent domain to acquire real
. property for the Project by virtue of Article I, Section 19, of the Constitution of the State of California,
Government Code Sections 37350.5, 37353(a), and 40404, and Sections 1240.010, 1240.020, 1240.030,
1240.040, 1240.050, 1240.110, and 1240.120 of the Code of Civil Procedure ófthe State of California; and
WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure of the
State of California, notice has been duly given to all persons whose property is to be acquired by eminent
domain and whose names and addresses appear on the last Alameda County equalized assessment roll, all
of whom have been given a reasonable opportunity to appear and be heard before the City of DubIin on
the following matters:
(a) Whether the public interest and necessity require the Project;
(b) Whether the Project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury;
(c) Whether the property sought to be acquired is necessary for the Project;
(d) Whether the offer required by Government Code Section 7267.2 has
been made to the owner( s) of record.
WHEREAS, pursuant to the provisions of Section 7267.2 of the Government Code of the State of
. California, the City of Dublin has made an offer to the owner or owners of record to acquire the subject
property for just compensation; and
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WHEREAS, the City of Dublin has satisfied the provisions of the California Environmental
Quality Act for the Project;
NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows:
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I. The public interest and necessity require the Project for the acquisition of the fee simple
and the temporary construction easement in and through the above-identified parcel of land.
2. The Project is planned and located in the manner which will be most compatible with the
greatest public good and the least private injury.
3. The taking of the fe.e simple title and the temporary construction easement in and to the
real property more particularly described in said Exhibit "A" is necessary for the Project.
4. The offer required by Section 7267.2 of the Government Code ofthe State of Califomia
has been made to the owner or owners of record of the real property.
5. The City Attomey of the City of DubJin or her duly authorized designee be, and she.is
hereby, authorized and directed to institute and conduct to conclusion an action in eminent domain for
the acquisition of the estates and interests aforesaid and to take such action as she may deem advisable
or necessary in connection therewith.
6. An order for prejudgment possession may he obtained in said action and a warrant issued
to the State Treasury Condenmation Fund, in the amount determined by the Court to be so deposited, as a
condition to the right of immediate possession. .
The foregoing Resolution was adopted at a regular meeting of the City Council held on the 21st
day of June, 2005, by the folJowing vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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G:\MI~CPROJ\Doug rty Rd Imp· HOllston to I~580\R..ight ofWay\reso ofnecessity~Singh 062105,doc
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FEE ACQUISITION
APN No. 941-0550-009-11
Exhibit "A"
All that real property situate in the City of Dublin, County of Alameda, State of California,
. described as fonows: .
B'eing a portion of Parce] 1 and 2 described in that certain document tc\corded on August 1, 1994 in
Document No. 94268159, Ala.¡neda County Records, more, particularly described as follows: .
BEGINNING at the southeasterly comer Df said Parcel 2, also hcing the southwesterly corner of
the parcel described in that certain document entitled "Right of Way Deed for Dougherty Road,
City of Dublin, California" recorded on March 22,,1996 in Docùment Series No. 96072188, said
county records;
Thence 'along the southerly lilW of said Parcel 2, North 88°46'58" West 26;67 feet;
Thence 1t:aving said southerly line, North 32°49'44" West 120.88 f¡\et tQ the beginnmg of a. curve
to the left having a radius of 42.00 feet;
Thence along said curve, thrOugh a. central angle of 89°25' 13".. for an arc length of 65.55 feet;
. Thence South 57645'03" Wést 139.14 feet to the westerly line of said Parcel 1;
Thence along said line, the following two (2) courses;
I. North 01"13'02" East 10.26 feet to the beginning of a curvé to the right, haviug a radius of
50.00 f¡\¡\t;
2. Along said curve, through a central angle of 0°56'01", an arc length of 0.81 feet to the
southeasterly line of the parcel described in thatcertaÎn document entitled "Irrevocable
Offer to Dedicate Real propèrty" recorded on March 22, 1996 in Doc~ent Series No.
96072189, said county recor.ds
Thence leaving said westerly'line and along last saÎd line, North 55°16'51" East 164.64 feet to the
northerlyline of the parcel described in said Document No. 96072188;
Thence leaving said southeasterly line and along last said line, South 88<>15' 43" East 24.13 feet to
the westerly 'line of last said parcel, being the beginning of a non-tangent curve to the right having
a radius of 176.00 feet, to which point a raclialline b= North 40"38' 15" East;
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EXHIBIT ~
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Thence leaving last sajd nortJ,;rly line, and along last said line the following two (2) cours~: .
1)' Southeasterly along said curve, through a central angle of 16°33'45", an arc length of 50.88
feet;
2) South 32048'00" East 126.59 feet to the POINT OF BEGINNING,
Containing an area of 5,480 square feet, 0.13 acres, mDre or less.
TOGETHER with 'a Temporary CDnstructÎon Easement, tD terminate upon cOJIlpleti on of
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construction, for the purposes and incidents thereto over, tmder, across and I1pon a strip of land 8
feet in width, beginning at the- southerly line of said Parcel :¡, northwesterly and J(ar\I1lel to the
parcel described above for a distance of 118.60 feet, thence a strip of land 5.QOleet in width and
parallel to the parcel described above, across said Parcell, the northeasterly, northerly and
northwesterly line of said strip lying contiguous to the southwesterly, southerly and southeasterly
line of the above described parcel and bounded all the southeast by the southerly line of said Parœ]
2 and on the west by the westerly line of sajd Parcell.
A plat showing the above described'parcel and temporary t.asement is attached hereto and made II
part hereof as Exhibit "E",
This description was prepared by me or under my direction in oonfonnancewjth the PrOfesS¡one
Umd Surveyors. Act.
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SUITE 104
PLEASANTON, CA 94588
925-396-7700
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