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Home My WebLink About6.1 EsperancaAcquireProper CITY CLERK File # D~LJJ[QJ-[2d~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 4, 2005 PUBLIC HEARTNG: To Consider Adoption of a Resolution of Necessity to Condemn Real Property at 6450 Dublin Boulevard (Esperanea) for Capital Improvement Program (CIP) Project No. 96852, Dougherty Road Improvements - Houston Place to 1-580 Report Prepared by: Melissa Morton, Director of Public Works SUBJECT: ATTACHMENTS: RECOMMENDATION: FINANCIAL STATEMENT: 1) 2) Resolution of Necessity, with Exhibits Location Map 1) 2) 3) 4) 5) 6) Open Public Hearing Receive Staff Presentation Receive public comment Close public hearing Deliberate Adopt Resolution (requires 4/5 affirmative vote to pass) 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 1-580. In order to accornplish this goal, it is necessary for the City to acquire a portion of a parcel, commonly known as 6450 Dublin Boulevard (APN 941-0205-037), owned by J & E Esperanca Investments, LLC. The subject property is located east of the Dublin Boulevard and Dougherty Road intersection. The business occupying the property at that address is known as American Tire. The City must acquire 130 square feet of land in fee from the Dublin Boulevard and Dougherty Road frontages of this site for the Dublin Boulevardffiougherty Road Widening Project. In addition to the tee ownership acquisition, the City also needs to acquire a 144 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 ¡ndudes portions of asphalt driveways. ------------------_.~.~---_._-----------------------------_.--- COPIES TO: J & E Esperanea Co.l \ r5bL ITEM NO. G:\MISCPROJ\Dought:rty Rd Imp - Hùus.ton to ¡-580\Right ot"Way\Amcrican Tire· Espcranca\AS neccssity - !-:!;pcrum:;a.DOC On .luly 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 6, 2005, tendered an offer to purchase the property for the appraised value of $12,750. The City subsequently updated its appraisal- resulting in a new appraised value of $13,550 - and by letter dated September 13, 2005, offered this anlount to .I & E Esperanca Investments. To date, however, the City has been unable to negotiate a settlement. To adopt a Resolution of Necessity for the property, the City Council must make the fol1owing findings: I) Whether the public interest and necessity require the project. The acquisition of a portion of APN 941-0205-037 will enable the City to proceed Witll the project to widen the intersection of Dublin Boulevard and Dougherty Road. 2) Whcther the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. The Dublin Boulevard and Dougherty Road alignments require that the subject propcrty 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 acqnired 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. Others, such as tenants, may wish to address the Council as well regarding the acquisition and issues related to it, such as relocation and goodwill, but their comments should not be considered when making the findings that must be made to adopt the resolution. Adoption or the resolution of necessity authorizes the City Attorney to institute an eminent domain action to acquire the property. The action wi11 be filed promptly should the Council approve the resolution of necessity. The resolution also authorizes an app1ication Jor 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. -2- ðb L- \0-62 RESOLUTION NO. -05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************************** DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE 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 ELIMINA Tim - J & E ESPERANCA, PROPERTY OWNER Assessor's Parcel No. 941-0205-037 WHEREAS, it is desirable and nccessary for the City of Dublin to acquire fee title and a temporary construction easement within certain real property, particularly described in Exhibits "A" and "B", attached hereto and made a part hereof by reference, in order to construct, widen and/or improve the intersection of Dublin Boulevard and Dougherty Road (the "Project"); and WHEREAS, the City of Dublin is vested with the power of eminent domain to acquire real property for the Project by virtue of Article 1, 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, 1240.040,1240.050,1240.110,1240.120,1240.510 and 1240.610 of the Code of Civil Procedure of the State of California; and WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure of the State of California, notice has been duly given to all persons whose property is to be acquired by eminent domain and whose names and addresses appear on the last Alameda County equalized assessment roll, all ofwhom have been given a reasonable opportunity to appear and be heard before the City of Dublin on the following matters: (a) Whether thc public interest and necessity require the Project; (b) Whether the Project is planned or located in the marmer that will be most compatible with the greatest public good and the least private injury; (c) Whether the property sought to be acquired is necessary for the Project; (d) Whether the offer required by Govemment Code Section 7267.2 has been made to the owner(s) ofrecord. WHEREAS, pursuant to the provisions of Section 7267.2 of the Government Code ofthe State of California, the City of DubJin has made an offer to the owner or owners ofrecord to acqllire the subject property for just compensation; and t 10-I../-OS" ¡TErn h. I ATTACmNT I. Zöb'a WHEREAS, the City of Dublin has satisfied the provisions of the California EnvironulentaI Quality Act for the Project; NOW, THEREI<'ORE, IT IS FOUND, DETERMINED, AND ORDERED as follows: I. The public interest and neccssity require the Project for the acquisition ofthc fee simple and the temporary construction easement in and through tile above-identified parcel ofland. 2. The Project is planned and located in the manner which will be most compatible with thc greatest public good and the least private injury. 3. The taking ofthe 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 ofthe temporary construction easement in and to the real property more particularly described in said Exhibit "A" and Exhibit "B" is necessary for the Project. 5. The offer required by Section 7267.2 of the Government Code of the State of Cali fomi a 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 conelusion an action in eminent domain for the acquisition of the estates and interests aforesaid and to take such action as she may deem advisable or necessary in connection therewith. 7. An order for prejudgment possession may be obtained in said action and a warrant issued to the State Treasury Condemnation Fund, in the amount detennined by tile Court to be so deposited, as a condition to the right of immediate possession. The foregoing Resolution was adopted at a regular meeting ofthe City Council held on the 4th day of, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk O:\MISCPR{)J\J)oughCrty Rð Imp - Houston to 1-580\Right of Way\Ammcan Tire - ESþeran(;a\Resolution of Necessity - F-spcranca.J)()C 2 ·ì,J!!, ) '\) ) ß; ) 3OV'2 FEE ACQUISITION APN No. 941~0205-037 Exhibit "A" All tha.t real property situate in the City of Dublin, County of Alameda, S~ of California, being a portion of Parcel One described in that certain document recorded on March 15, 2000 in Document No. 200076438, Alameda. County Record¡¡, .. Also being a portion of PARCEL Aas shown on that certain map entitled "PARCEL MAP 2695", filed for record on December 22, 1978 in Book 107 of Parcel Maps a1 Page 51, Alameda County Records, more particularly described as follows: BEG~G at the northwest corner of said Parcel One; ~ . r . , Thence along the northerly line of said parcel, 1¡outh 88°46'58" East, 19.13 feet; Thence leaving said northerly line, South 55°48' IS"'West, 23.47 feet to the westerly line of said. Parcel One; . Thence along said westerly line, North 01 °13'02" East, 13.60 feet to the POINT OF BEGINNING of this description.' Containing an area of 130 square feet, more. or less. A plat showing the above-described parcels is attached herein and made a part hereof.as Exhibit "B'''. . 'This descriptior; was prepared by me or under my direction in confonnance with the Professional Land Surveyors Act. ---- Datedf~~..,;:!d~ ~;"'.::=? :..,..-- -Billy artin,LS 5797 . License Expires 6I30120Ó4 ~1\mOt1lOO2-1~PeFlAfiCA.doc Exhibit "A" Page 1 of 3 mIBlT A t 0 ik 7(e..so /ui:-/o n TEMPORARY CONSTRUCTION EASEIvIENT APNNo.94i-0205-037 '. Exhibit "A" L.\ tt> ~ ( I I , I I' All that real property situate in the City of Dublin, County of Alameda, State of California, being a portion of Parcel One described in that cwain document recorded on March 15,2000 in Document No. 200076438, Alameda County Records, Also being a portion of PARCEL A as shown on that certain map entitled "PARCEL MAP 2695", filed for record on December 22, 1978 in Book 107 of Parcel Maps at Page 51, Alameda County Records, more particularly described as follows; BEGINNING at th~ northwest comer of said PARCEL A; . Thence along the northerly line of said parcel, South 88°46'58" East, 19.13 feet to the TRUE POINT OF BEGINNING; . Thence continuing along last said line, South 88°46'58" East 8.94 feet; Thence leaving last sàid line and across said PARCEL A, the following two (2) courses: . 1) South 57°45'03" West 5.28 feet; . 2) South 55"48' 18" West 29.03 feet to the westerly line of said PARCEL A; Thence and along last said line, North 01"13'02" East 6.13 feet; Thence leaving last said line, Nqrth 55"48'18" East 23.47 feet to the TRUE POINT OF BEGINNING. Containing an area of 14'¡' square'feet, more or less. The Temporary Construction' Easement, described above, to terminate upon completion' of construction, for the purposes and incidents' thereto over, under. across and upon the above described parcel. ) Exhibit "A" . Pagel of 3 6 Db '3 A plat showing the above-described parce]s is attached herein and made a part hereof as Exhibit ~'Bi'. ' This description was prepared by me or under my direction in eonfurmanee witq the Professional Land Surveyors Act. .--ði: :...- ~~ Billy M;';?' LS 5797 . License Expires 6/3012006 K:\Maln\2Do1\2001 BO02·10\1...ffiAl\I:SPEMNOJ\...iCEJI.,.bm.doo ) Dated:~ :2..f~ , Exhibit "A" Page 3 of 3 /' FEE ACQUISITION/,/ ,/ LEGEND APN - ASSESSOR PARCI'l. NUMBER . . OR -"- OFF1CIAL RECORDS. P.O,B. - POINT OF BEGINNING sq. fl - SQUARE F'EET I I I I ) U::O~ I I '" I m I ~ . I ~ '" g¡ LANDS OF J & E ~ 5!ç - ¡ ESPERANCA INVESTMENTS I. LLC I "" < I '" E5 ffi tI "" A CALIFORNIA LIMITED LIABILITY COMþ ANY ('g::¡ "'8"'< '" ",", ~~ ffi~ :¡¡ PARCEL ONE I '" ~- \ <18 g:::J G: DOC, NO. 200076436 Edl ::¡",::-J", APN:941-0205-037 I- "" ffi~~ It} I ffi ""d:::l;<¡ I ~:<; ~ '" I ;5 ~I ~ I ~ I I I ~. . r- ~..",. ---, - ,,' ..~. '- I BASIS OF BEAß!NGS . THE eEAAINQ N 32"48'DO· WEST, THE MONUMENT UNE ON DOUGHERTY ROAD, BETWEEN rOUND MONUMENTS AS SHOWN ON THE MAP ENl111.ED 'PARCEL MAP 1043" ALED FOR RECORD ON SEP'lEMBER 28, 1973 AND RECORDED IN BOOK 80 OF PARCEL MAPS AT PAGE 29, IS USED AS THE BASIS OF BEARINGS FOR THIS PLAT. ,/ / ,/ / /~ - /.V¢\ /'...0..:$ (SJ /" V~~ +Q<- . ~<ø ,,'V"' <Q I '- ! PARCEL 8 J07 M 5J' PARCEL ONE DOC. NO. 2001250985 ; APN: 941-0205-36 PARCEL TWO EASEMENT FOR COMMON AREA OVER PARCEL B - 107 M 51 DOC. NO. 2000076438 ~ -.." )¡ - . ~BkF 4780 CHA80T DRIVE SUITE 104 PLEASANTON, CA 94566 925-396-7700 925-396-7799 (FAX) - '...._.~Iru- ,.... ... "" _PH lD "'b£ PARCEL t DOC, NO. 94268158 APN: 941-0550-009-1 1 PARcEL A J07 M 5] ~. UNE L1 L2 L3 LINE TABLE BEARING S 86'46' . S 5' '1' W 01,;5'02· E I I RF'l'EREN CES (j)- 107 M 51 M"~',. ., Subjeot _ DUBUN Bl , Job No._ By RL mIBIT ~. to ~lt.e :fe.so/u:tIOI1 " ìðÒ8 TEMPORARY CONSTRUCTION E~EMENT / " BASIS OF BEARINGS /" LEGEND THE BEARING N 32'48'00" WEST, THE MONUMENT " APN _ ASSESSOR PARCEL NUMBER LINE ON DOUGHERTY ROAD, BETWEEN FOUND /" P 0 B _ POINT OF BEGINNING . MONUMENTS AS SHOWN ON THE MAP ENTITLED . 'ft' _ SQUARE FEET "PARCEL MAP 1043" FILED FOR RECORD ON /" T'~'OB' _ TRUE POINT OF BEGINNING SEPTEMBER 28, 1973 AND RECORDED IN BOOK 80/, . , . , OF PARCEL MAPS AT PAGE 29, IS USED AS THE" BASIS OF BEARINGS FOR THIS PLAT. / " /' / " / " / " / " is> /~~ " .,V<¡;' ./ OV <SJ "./ ~<?) ~<;)'<- . ./ ~<øV ,d5 Q ) 5' WIDE TEMPORARY CONSTRUCTION EASEMENT 144 sq. ft. ± PARcEL 8 J07 M 5J PARCEL ONE DOC, NO. 2001250985 APN: 941-0205-36 PARCEL TWO EASEMENT FOR COMMON AREA OVER PARCEL B - 107 M 51 DOC, NO. 2000764-38 - Bkf 4780 CHABOT DRIVE SUITE 104 PLEASANTON, CA 94588 925-396-7700 925-396-7799 (FAX) E '......._IP...... n\nI.4.'t."I' PFRANCA .d..~ 11 1/PQœ5 11~¡'P. 11> I' ~ .... ~ PARCEL 1 DOC. N'Q. 94268159 APN: 941-0550-009-11 1 I L1 L2 ~ '.:' A<I I I' I I I g¡ 1 ð I - I "" g¡ lLANOS OF J & E 1 1!i Q ~ ~ ESPERANCA INVESTMENTS I, LLC 1 w ;¡ I effi ffi\:5 wi A CALIFORNIA LIMITED LIABILITY COMPANY "<! - 1 ~.:I: a.. <C Q I ~ ~ ~gß;;¡;:\ PARCEL ONE 1 ¡s '" 151 g 15:2 1::1 DOC. NO. 2000076438 I 1.0.. ¡¡j I ~::; §¡1::J 01 APN: 941-0205-037 ...... w >-O::<.....J~ I 15 '" I d ~ !;¿ l:J I LINE TABLE ~ ;;1; I ¡s '" LINE BEARING 1 <C z!::. I L1 S 88'46'5 " E I w g 1 L2 S 88'46'58" E a.. I L3 S 57'45'03" W I i:'J II L4 S 55'48'18" W I ¡;:¡ I L5 N 01'3'02" E I I L6 N 55'48'18" E I I I I 1 I 1 1 1 1 1 V /' /' r 1 [-s0,00'--¡ I I . PARcEL A J07 M 5J LEN GTH 19.13' 8.94' 5.28' 29.03' 6.1:3' 23.47' RFFFRFNCFS (!)- 107 M 51 . Subject EXHIBIT "B" DUBUN BLVD, DOUGHERTY RD, WIDENING Job No. 20016002 By RL Date01/2B/o5 ChkdRH SHEET 2. OF 2. 'U as o a:: >. +-' s- a> .r=. C) :J o o (i~ o CO LO I - o +-' a> o as a.. c o +-' UJ :J o I UJ +-' C a> E a> > o s- a. E - ... CD S15bß "J ~ ~ <> " " .-r " ~ iii " <> ~ E :;:¡ t: vi .. ~ l II! I j J lo'~ 1 Hi If !~ -i ~Hj ii f~ I if ATTAIlmT 2.