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Home My WebLink About6.4 GaspareProperty RdImp----• CITY CLERK File # EIR D-110 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 6401 Dublin Boulevard (Gaspare) 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) 2) RECOMMENDATION//% 1) � 2) 3) 4) 5) 6) Resolution of Necessity, with Exhibits Location Map Open Public Hearing Receive Staff Presentation Receive public comment Close public hearing Deliberate 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 6401 Dublin Boulevard (APN 941-0205-010-03), owned by Angelo Gaspare, Trustee of the "A. and O. Gaspare Trust." The subject property is located at the northwest corner of the Dublin Boulevard and Dougherty Road intersection. ConocoPhillips is currently leasing the property, which operates as a 76 Gas Station and Carwash. The City must acquire 1,740 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 2,697 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 shrubs and includes portions of asphalt driveways. --------------------------------------------------------------- COPIES TO: Angelo Gaspare, Trustee ITEM NO. GAMISUROADougherty Rd Imp - Houston to I-580\Right of Way\AS necessity - Gaspare.DOC 1 7 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 A. be based upon an approved appraisal. The City did have the property appraised and on April 6, 2005, . tendered an offer to purchase the property for the appraised value of $113,000. The City subsequently updated its appraisal - resulting in a new appraised value of $130,500 - and by letter dated June 10, 2005, offered this amount to Angelo Gaspare, Trustee. To date, however, the City has been unable to negotiate a settlement with Angelo Gaspare, Trustee. To adopt a Resolution of Necessity for the Gaspare 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 941-0205-010-03 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 wltb the greatest public 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 eminent domain action to acquire the property. The action will be tiled 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, deliberate, and adopt the Resolution of Necessity by a 4/5 vote. e -2- ~ '2- \ecOI RESOLUTION NO. -05 · A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********************w***** DETERl\flNING 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 - ANGELO GASPARE, TRUSTEE OF THE "A & 0 GASP ARE TRUST" DATED FEBRUARY 10, 1993, PROPERTY OWNER Assessor's Parcel No. 941-0205-010-03 WHEREAS, it is desirable and necessary for the City of Dublin to acquire fee title and a temporary construction easement within certain real property, particularly described in Exhibits "A and B" and Exhibits "C and D", respectively, attached hereto and made a part hereof by reference, in order to construct, widen and/or improve the intersection of Dublin Boulevard and Dougherty Road (the "Project"); and · WHEREAS, the City of Dublin is vested with the power of eminent domain to acquire real property for the Project by virtue of Article I, Section 19, of the Constitution of the State ofCalifornja, 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 of the State of California; and WHEREAS, pursuant to thc provisions of Section ]245.235 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 uames and addresses appear on the last Alameda County equalized assessment roll, all of whom have been given a reasonable opportunity to appear and be heard before the City of Dublin on the following matters: (a) Whether the public interest and necessity require the Project; (b) Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (c) Whether the property sought to be acquired is necessary for the Project; (d) Whether the offer required by 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 owoers of record to acquire the subject property for just compensation; and ........-"^ '-.i. I ^ - -z. \ -D <!'" ~\~"lo" <.Ii ,,:¡ ITTIUmrr 1 I. ¿ crb'1 WHEREAS, the City of Dublin has satisfied the provisions of the California Environmental Quality Act for the Project; . NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows: 1. The public interest and necessity require the Project for the acquisition of the fee simple and 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 fee simple title in and to the real property more particularly described in said Exhibit "A" and Exhibit "B" is necessary for the Project. 4. The taking of the temporary construction easement in and to the real property more particularly described in said Exhibit "C" and Exhibit "D" is necessary for the Project. 5. The offer required by Section 7267.2 of the Government Code of the State of Califòrnia has been made to the owner or owners of record of the real property. 6. The City Attorney of the City of Dublin or her duly authorized designee be, and she is hereby, authorized and directed to institute and conduct to conclusion an action in eminent domain for the acquisition of the estates and interests aforesaid and to take such action as she may deem advisable . or necessary in connection therewith. 7. An order for prejudgment possession may be obtained in said action and a warrant issued to the State Treasmy Condemnation Fund, in the amount detennined by the Court to be so deposited, as a condition to the right ofinunediate possession. The foregoing Resolution was adopted at a regular meeting of the City Council held on the 21 st day of June, 2005, by the foJlowing vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\MISCPROJ\Dough~ Rd Imp - Houston to I-SBO\RJght ofWay'ResoluÛOTl of Nccel1sjty . Gasparc.POC . 759793 2 · · · ::> ðb C¡ FEE ACQillSlTION APN No. 941-0205-010-03 Exhibit "A" All tbat real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of Parcß1s 1 and 2 described in that certain dooumentrecorded on February 16, 1993 in Document No. 93052324, Alameda County Records, . Also being a portion of P ARCEL-D as shown on that certain map entitled "PARCEL MAP 756", fiJed . for record 011 October 8, 1971 in Book 72 of Parœl Maps at Pa.ge 13, Alameda County Records, more partÌ;:ularly described as fol1(}ws: . . \ BEGINNING at the most northerly corner of the parœl described in that certain ''Public Right of Way, Grant Deed", recorded on October 9, 1996 in Document No. 96259547, said county records, said comer also being a point on the southwesterly right of way of Dougherty Road, a varyi:Ç\g width right of way, as shown on said map; Thence along the northwesterly line of last said parcel, also being the northwesterly line of said PARCEL -D, South 55°16'51" West 8.10 feet to the general southwesterly line of said parcel described in Document No. 96259547, said point being the beginning of a non-tangent curve to the left, having a radius of863.08 feet, to which point a radial line bears South 64"16'05" West, the TRUE POINT OF BEGINNING; Thence leaving last said lines and along the general southwesterly, westerly aDd northwesterly line of said parcel described in :Document No. 96259547, the following three (3) courses: 1) Along said curve, through a central angle of 6°46'56", an årC length of 102.16 feet to the beginning of a reverse curve having a radius of 42.00 feet; - 2) Along said reverse curvß, through a central anglß of 87°47' 40", an arc length of 64.36 feet; 3) South 55°16'51" West 109.70 feßt to the southwesterly line of said Parcel 2; Thence leaving last said northwesterly line and along last said line, North 34°43'09" West 3.85 feet; Thence leaving last said line and across said Parcels 1 and 2, the folJowing three (3) courseS: 1) North 57°08'06" East, 100.83 feet to the beginning of a curve to the left, having a radius of 37.00 feet; mmITA -to £ht'. 1èeso/c.d:,'Q Þ1 .L.f 00 '1. 2) Along said curve, through a central angle of 87°42'04", an arc length of 56.63 feet to reverse curVe having a radius of945.00 feet; . _. 3) Along ¡ast swd reverse curve, through a central angle of 6"33' 11", an arc I~ngth of 108.08 felòt to swd northwesterly line of saidParc~ll; Thence along last swd line, North 55°16'51" East, 8.78 f~et to th~ TRUE POINT OF BEGINNING of this d~scription. Contwning an area of 1,740 square feet, 0.04 acres more or less. A plat showing the above described pare"'l is attached hereto and made a part h~r~of as Exhibit "B". This descriptipn was prepared by me or under my direction in conformance with the Professional Land Surveyors Act. ~~. Billy Martin, LS 5797 Lic~nse Expires 6/30/2006 K:\MaIß'.2OO1\IDJ'1511DíI:-1DIl~ßAI1G.ASPARE~a1loo .-- ..w~ 7. 2,p¡p~ . Dated: . . , .; ~"'''' T.P.O.B. \ , \ \ LEGEND APN - ASSESSOR PARCEL NUMBER DOC:. NO - DOCUMENT NUMBER \ P.O.B. - POINT OF BEGINNING \ (R) - RADiAL sq. ft. - SQUARE FEET \ T.P.O.B. - TRUE POINT OF BEGINNING . \ I~ì \:~ t \ P.O.B., '\I ;..-....'\0 '0<6 ./ ,,(::. .~ \ é\~./ ~~ t s./ .O~ ./ , -r.';i\ .00 't <5>. :0 '3.. "~¿'~-i '\ 7 \ '/ç> '9:q. %. '*'" \ ~ .!b~ '*'~ \ <;, "t~ .i:ß.. \-&~¿~ ""¡r,&= , '?> '&.''6> '!.>. 7.... \. "-\/ \ \ FEE ACQUISITION BASIS OF BEARJNGS _THE BEARING N 32.'4.8'00' WEST, .THE MON. UMENT , LINE ON DOUGHERTY ROAD, BE1WEEN FOUND , MONUMENTS AS SHOWN ON THE MAP ENllTLED "PARCEL MAP 1043" FilED FOR RECORD ON SEPlEM8ER 28, 1973 AND RECORDED IN BOOK 80 OF PARCEL MAPS. AT PAGE 29, IS USED AS THE BASIS OF BEARINGS FOR THIS PLAT. / . . I INGRESS/EGRESS EASE. ~ DOC. NO. 9352324'--:-1 PARCEL 4 I DOC NO. 91008057 I PARCEL 2 LINE L1 L2 L3 LINE TABLE BEARING S 5S'1S'Sl" W N 34'43'09" 55ï S'51' E lENGTH 8.10' 3.85' S. S' PARC~L - D 12 M 13 l' ("~ '\ \. 'ó,;.'(i\ <? ¡r,'Q .~.o. PARCEL 3 DOC. NO. 9352324 INGRESS/EGRESS EASE. / / /~ .... $" ,....- ....,,:::F'· 1°/ , \ FEE ACQUISITION 1,740 sq. ft. ,:: \ 0,04 acres ± \ , R~42.DO ,\¡o.87'47'40· l=64.36' I / / ¡/ / .56' pARc~L - c e 12 M JJ DOC. NO. 02598974 APN,941-0205-009-06 LANDS OF ANGELO GASP ARE TRUSlEE OF THE A & 0 GASP ARE TRUST ø.",ç..Q ¡,)Ÿ 6) /" V~ ~O~~J;" /. .;:J~J ...a ~ / ~ /' .... / /' ... /' REFERFNCES (D- 107 M 51 /'... .... /' E-,,:'bll.'[_IP~ 478D CHABOT DRIVE SUITE 104 PLEASANTON. CA 94588 925-396':"7700 925-39S~ 7799 (FAX) Sub ject EXHIBIT -B- DUB UN BLVD.- -_.._..~_. -- ,,--_.....~ Job No....1QQ: DVDID.. IT B By BL fJAD.ID ~Bkf (I\.~I..rD1\DffiD~TnrI"v.&6't.ç\ ,ASPARi'~n flI?lPOO5 1j...j"II;IO,tt,o1 po T "To THe:. ~'å..O\-U"1r<::>N !.t¿ Db cr TEMPORARY CONSTRUCTION EASEMENT APN No. 941"0205-010-03 Exhibit "c" . All that real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of Parcels 1 and 2 described in that certain document recorded on February 16, 1993 in Document No. 93052324, Alameda County Records, Also being a portion of PARCEL-D as shown on that certain map entitled "PARCEL MAP 756", fiJed for record on October 8, 1971 in Book 72 of Parcel Maps at Page 13, Alameda County Records, more particularly described as follows: BEGrnNING at the most northerly corner of the parcel described in that certain "Public Right of Way, Grant Deed", recorded on October 9, 1996 in Document No. 96259547, said county records, said corner also being a point on the southwesterly right of way of Dougherty Road, a varying width right of way, as shown on said map; Thence along the northwesterly line of last said parcel, and continuing along the northwesterly line of said Parcell, South 55°16'51" West 16.88 feet to the beginning of a non-tangent curve to the left, having a radins of 945.00 feet, to which point a radial line bears .. South 65°59'13" West, the TRUE POINT OF BEGrnNING; .. Thence leaving said lines and southwesterl y along said curve, throngh a central angle of 6°33'11 ", an arc length of 108.08 feet to the beginning of a reverse curve having a radius of 37.00 feet; Thence along said reverse curve, through a central angle of 87°42 '04", an arc length of 56.63 feet; Thence South 57°08'06" West 100.83 feet to the southwesterly line of said Parcel 2; Th~nce aJong Jast said line, North 34°43'09" West 5.00 feet; Thence leaving said line, North 57°08'06" East 101.00 feet to the beginning of a curve to the left, having a radius of 32.00 feet; Thence along said curve, through a central angle of 87°42'04", an arc length of 48.98 feet to the beginning of a reverse curve having a radius of 950.00 feet; Thence along last said reverse curve, through a central angle of 3°10' 18", an arc length of 52.59 feet; . Exhibit "Au Page 1 of 2 mIBIT c "'T'",,""'1t..H::'.~\JT'''''''''-.I 4IÞ e . 7ùQO¡ Th(:nçe South 62"36' 19" West 26.00 felet to the beginning of a non-tangent curve to the right, having a radius of 976.00 feet, to which point "- radjallim: bears South 62°36' 19" West; Thence northwesterly along said curve, through a central angle of 3°02' 16", an arc length of 51.74 feet to said northwesterly line of Parcell; Thence along said line North 55"16'51" East 31.53 feet to the TRUE POINT OF BEGINNING. Containing an area of 2,697 square felet, 0.06 acres more or less. , The Temporary Construction Easement, to tenninate upon completion of construction, for the purposes and incidents thereto over, under, across and upon the above described parcel. A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit ¡~D'. This description was prepared by mc or under my direction in confoonance with the Professional Land Surveyors Act. ....::2 ~ ~ ........?---- Billy M n, LS 5797 License Expires 6/3012006 K;I.M¡Ún\2001\2001&C\02-1D\J..WAl-\GASPAAI;.,,~.TC~.dat d/./X¥" /0. ~ f Dated: Exhibit "A" Page 2 of2 TEMPORARY CONSTRUCTION EASEMENT ßèi:tFl LEGEND. \ APN - ASSESSOR PARCEL NUMBER DOC. NO. - DOCUMENT NUMBER e P.O.B. - POINT OF BEGINNING (R) - RADIAL \ sq. ft. - SQUARE FEET T.P.O.B. - mUE POINT OF BEGINNING T.C.E. - TEMPORARY CONSmUCllON \ EASEMENT ~'è. j 1> P.O.B., ~ '@~ t~ "<::'00>. ~\ 7· '\ r:¿,<!>' \ \ 0q., J6 Q.-?- \ . "1õ <q.!"l:- '*' ~ ,\. <9;'-{;~ '" "W ~'" ~~ ''{\~'''./'\\-vr ~ /-- :¡;",,<6';? 5.oo,J _\ \ J <:,7 ,- C1~\ BASIS OF BEARINGS THE BEARING N 32'48'00" WEST, THE MONUMENT LINE ON DOUGHERTY ROAD, BETWEEN FOUND MONUMENTS AS SHOWN ON THE MAP ENl1ll£D "PARCEL MAP 1043" ~LEo FOR RECORD ON SEPTEMBER 28, 1973 AND RECORDED IN BOOK 80 OF PARCEL MAPS AT PAGE 29, IS USED AS 1HE BASIS OF BEARINGS FOR THIS PLAT. CURVE C1 C2 C3 C4 C5 CURVE TABLE DELTA RADIUS 6"33'11" 945.00' 87'42'04" 37.00' 87'42'04" 32.00' 3'10'18" 950.00' 3'02'16" 976.00' LINE L1 L2 L3 L4 PAAcE:L - c 72 M J3 DOC. NO. 02598974 APN: 941-0205-009-08 C, C2 / A'L/ / TEMPORARY CONSTRUC1l0N EASEMENT 2,697 Sq¡.~~t:±y 0.06 CJC/" ~ o¡..ç..Q /" V~~O~ QV~ ,,&,/ ;/ LANDS OF ANGELO GASPARE mUSTEE OF THE A & 0 GASP ARE mUST 1D'PIU _ DOC. 9625 PARCEL 1 DOC. NO. 93052324 APN: 941-0205-01 0-03 pARcE:L - D 72 M J3 PARCEL 3 DOC. NO. 93052324 \ INGRESS/EGRESS EASE. ~;. _ Bkf " '-._.-I'~ KI\. D1\D1fiOOP\ ..,," RFITRENCFS (D- 107 M 51 ,/ / 4780 CHABOT DRIVE SUITE 1 04 PLEASANTON, CA 94588 925-396-7700 925-396-7799 (Ff>.:I..) Subject EXHIBIT "D" DUBLIN BLVD ,..,.".I.....II,..'"""'I"'~'....... ........_."..... Job No. 20C ÐVD1DIT D By RL ßA.IUD \ To ¡HE: It-ESo'-u'TIc::>r-I CD 4i g! '" ..; U') I - 0 - Q) 0 CO " " - " a.. ..; c: 0 - ø =' 0 ::I: " Ii! ø - c: " ~ ~ Q) > 0 " .... a. '" E E ::J i '" - ~ ë' "'C I>. If. CO II 0 0:: >. - .... i Q) J ~II .r::. 1 Ii C) If .~ =' ,¡ 0 cH; 0 II i~ J II !'l'rAIDIM '"1. . --- ..-------...-.-- · · ·