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Home My WebLink About6.2 WohlrossAcquirePropert CILY CLERK File # D~LlJ~-[2]Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 4, 2005 PUBLIC HEARING: To Consider Adoption of a Resolution of Necessity to Condemn Real Property at 6500 Scarlett Court (Wohlross) for Capital Improvement Program (CLP) Project No. 96852, Dougherty Road Improvements - Houston Place to 1-580 Report Prepared hy: Melissa Morton, Director of Puhlic Works SUBJECT: ATTACHMENTS: RECOMMENDATION: FINANCIAL STATEMENT: I) 2) Resolution of Necessity, with Exhibits Location Map I) 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 u Houston Place to 1-580. In order to accomplish this goal, it is necessary for the City to acquire a portion of a parcel, commonly known as 6500 Scarlett Court (APN 941-0550-010-22), owned by Wohlross Associates. The subject property is located at the southeast comer of the Dublin Boulevard and Dougherty Road intersection. Thc busincss occupying the property at that address is known as Miracle Auto Painting. The City must acq\lire the entire sitc in fcc, including 23,254 square feet ofJand and the 8,635 square foot building for the Dublin BoulevardlDougherty Road Widening Project. 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. _____W_.~M___________~~_______________________________--------~ COPIES TO: Wohlross Associates to .2 1150"2... ITEM NO. G:\MISCPROJ\Dougherty Rd Imp· Ilùuston to I-580\Right ofWay\Miraçlç Auto - Wohlrnss\AS nect:ssily - WohIJ'Oss.DOC Before the City Council can eonsider adoption of a Resolution of Necessity, the City must submit a purchase offer to the property owners. The offer, required by Govcmment Code Section 7267.2, must be based upon an approved appraisal. The City did havc the property appraised and on April 6, 2005, tendered an offer to purchase the property for the appraised value of $1,640,000. The City s\lbscqucntly updated its appraisal- resulting in a new appraised value of$I,885,000 - and by letter dated Scptember 13, 2005, offered this amount to Wohlross Associates. To datc, however, the City has been \lnablc to ncgotiate a settlement. To adopt a Resolution of Necessity for the property, the City Council must make the following findings: I) Whetber the public interest and necessity require the project. The acquisition of a portion of APN 941-0550-010-22 will enable the City to proceed with the project to widen the intersection of D\lblin Boulevard and Doughcrty Road. 2) Whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. The Dublin Boulevard and Dougherty Road alignmcnts require that the subject property be acquired for the widening project. The improvements are consistent with thc City's General Plan. This widening projcct for Dublin Boulevard and Dougherty Road was approvcd by the City Council after study and hcarings on November 16, 2004, Resolution No. 222-04. The propcrty to be acquired by the City will not displaee 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 thc subject propcrty. 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 heen made. The offer has been made. The property owner, and the property owner alone, has thc right to address the Council on all of these proposed findings. Others, such as tenants, may wish to addrcss the Council as well regarding thc acquisition and issues relatcd to it, such as relocation and goodwill, but thcir comments should not be considered when making the findings that must bc made to adopt the resolution. Adoption ofthe resolution of necessity authorizcs the City Attorney to institute an emincnt domain action to acquire the property. The action will be filcd promptly should the Council approvc thc rcsolution of necessity. The resolution also authorizes an application for an order of possession of the propcrty, whieh 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 recommcnds that the City Council conduct a public hearing, deliberate, and adopt the Resolution of Necessity by a 4/5 votc. -2-Dö ?... \ Db'S 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 ELIMINATED - WOHLROSS ASSOCIATES, PROPERTY OWNER Assessor's Parcel No. 941-0550-010-22 WHEREAS, it is desirable and necessary for the City of Duhlin to acquirc fec title of certain real property, particularly described in Exhibits "A" and "B", attached hereto and made a part hereofhy refcrence, in order to eonstruct, 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 Articlc 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 ofthe Code of Civil Procedure ofthe State of California; and WHEREAS, pmsuant to thc provisions ofScction 1245.235 ofthe Code of Civil Procedure ofthc Statc of California, notiee has been duly given to all persons whose property is to bc acquired by eminent domain and whose names and addrcsses appcar on thc last Alameda County equalized assessment roll, all of whom have bcen given a reasonable opportunity to appear and be heard before thc City of Dublin on the following matters: (a) Whether the public interest and necessity require the Project; (b) Whether the Projcct is planned or located in the manner that wi1l he most compatible with the greatest public good and thc least private injury; (c) Whether the property sought to be acquired is necessary for thc Project; (d) Whether the offer required by Government Codc Scction 7267.2 has been made to tl1e Qwner(s) of record. WHEREAS, pursuant to thc 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 ofrecord to acquire the subject property for just compensation; and WHEREAS, the City of Dublin has satisfied the provisions of the California Environmental Quality Act for the Project; IO-tf-OS" lTé..rn t£¡. '2. ATTAUDT ,. 2°b5 NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows: I. The public interest and necessity require the Project for the acquisition of the fee simple and the temporary construction easemcnt in and through the above-identified parcel of land. 2. The Project is planned and located in the manner which wi1l bc 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 dcscribed in said Exhibits "A" and "B" is necessary for the Project. 4. The offer required by Seetion 7267.2 ofthe Government Code ofthc Statc of California has been made to the owner or owners ofrecord ofthe real property. 5. The City Attorncy ofthc City of Dublin or her duly authorized designee be, and shc is hcreby, 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 prcjudgmcnt possession may be obtained in said action and a warrant issucd to the State Treasury Condemnation Fund, in the amount determined by thc 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 Couneil held on the 4th day 01',2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk ü:\MISCPROJ\Doug]lcrty Rd Imp - Houston to 1-580\Ri,ght of Wl.y\Miraçll;: Auto - Wl1hlr¡)s~\Reso]ution of Necessity ~ Wohlross,DOC 2 -.J- ;::- ~t>;,..."';' (.) I FEE ACQUISITION APN No. 941-0550-010-22 Exhibit "A" AI] that rea! property situate in the City of D\lblin, County of Alameda, State. of California, being all of the parcel described in that certain document ~eco~ded on Novembe~ 22, 1991 in Document No. 9l-312613,Alameda County Reco~ds, mo~e partic\llarly described as follows: BEGINNING at the southe~ly corner of said parcel; Thence along the southwesterly line of said pareel the following two (2) courses: I) North 36"36'51" West, 48.07 feet; 2) North 32°48'00" West, 218.41 feet to the beginning of a curve to the right having a radius of 40.00 feet, being the westerly line of the parcel described in that certain document recorded on June 14, 1994 in Document No. 94244325, said county records; Thence leaving said southwesterly line and along last said line of last said parcel, along said curve, through a central angle of 90°00'00", for an ·arc length of 62.83 feet; Thence continuing along the northwesterJy line of last said parcel, North 57°12'00" East, 22.00 ;feet to the northerly line of last said parcel, being the beginning ofa curve to the right having a radius of ).00 feet; Thence leaving said northwesterly line and along last said line, along said curve, through a ceutral angle of 90°00'00", for an arc length of 62.83 feet to the northeasterly line of first said parcel; Thence leaving said northerly line and along last said line, SO\lth 32°48'00" East, 119,96 feet to the easterly line of first said parceJ; Thence leaving said northeasterly line and along last said line, South 01 °12' 40" West, 176.64 feet to the POrNT OF BEG1NNING öf this description, . Containing an area of 23,254 square feet, 0.53 acres, more or less. A plat showing the above-described parcels is attached herein and made a part hereof as Exhibit ":8". This description was prepared by me or \lnder my. direction in conformance with the Professional Land Surveyors Act. .-ð;~?~ filly Martin, LS 5797 'License Expires 6/3û/2Q06 K.WI1n\2oo1'Ø:101DJD2-1~\WOltlJW&s.dr): Dated: 7 o?· Cl'T EXHIBIT ~ -to -¿A.I!'. :?:.esolu.Í/o"t. ~ , y ';:¡ FEE~CQUISITlON Db BASIS OF BEARINQâ \ THE BEARING N 32'48'00· WEST, THE MONUMENT i UNE ON DOUGHERTY ROAD. BETWEEN, FOUND MONUMENTS AS SHOWN ON THE MAP EN1lTLED , 'Þ ARCEL MAP 1043" FlLED FOR RECORD ON . SEPTEMBER 28, 1973 AND RECORDED IN BOOK 80 . 14.36 @ "OF PARCEL MAPS AT PAGE 29. IS USED AS THE " , \ BASIS OF BEARINGS FOR THIS PLAT. ~ A:> - AS~RCEL NUMBER 0'~, ~.....\ OR - OFFICIAL RECORDS ;? ';I? \ P.O.B. - POINT OF BEGINNING 0' ~. ö'.~ sq. ft. - SQUARE FEET '?o~~0:", \ (lo~ q;''fb,0~ ' l' . '0 ~;.. ~"'. . '¥~ \ ö'. ,/ ,/ 9- ~<:.-~'r'-~ ~ov'i. <:; j _,,~ ~.~-s:>o¡, ,'~ a. ~'b"j r .\<9v .'..~~'" <;)v \1-V",'i: ~'J..6 ~~ v'" 'ò -iè-Q. r:J" (j R=40.00 .....90·00'00.. L:62.83' ,'\I .&. 0\",'1-00 '" «>' 'l-'J..' 14.36' \o@ \ O~~~ -Q ~-? ' ¡;p. ~ ~~\~ \ LANDS OF WOHLROSS ASSOCIATES DOC. NO. 91-312613 APN: 941-0550-010-22 FEE ACQUISITION 23.254 .q. ft. ± 0.53 ocre9 ± Vo"^ '8--Q- ..... \'5-......q,., q,.,O" \'*'~ ""~.OO'@ \ 1><') \;. ~ \5'<" ~q,., ,> , "'" .y~ ~-' <::- '?-'\ 'f',\\,- '1>", 6'13: \ 0' 0" . ''Z¡, " \ 90-91 CAL1RANS R-60.33A @ DOC. NO. 96-072188 @ REEL 2402 IMAGE 255 DOC. NO. 94-244325 ~Bkf Sub ject _ DUBUN . I Job No. By ßI........ II I"~U.'_"~ 4780 CHABOT DRIVE SUITE 1 04- PUiASANtON. CA 94588 925-396-7700 925-396-7799 (FAX) \ \ \ ':,¡- '" ,,; ,... "" b DOC. NO. 94207155 ~ APN:941-550-12-B r- ~ o <f) POB (1 7 " \ \ '\ EXHIBIT ~ -1::0 -t:Iæ.. Aþdui/on - o (X) LO I CD 506'::1 g~ '" ..; o +-' Q) o m - a.. I:: o +-' en :J o I '" '" '" ..; '" Ii! en +-' C Q) E Q) > o '- a. E ~ '" ~ E ::J t: .!!! .. ~ f æ "Ii .'..'..'" I '''.':! ; , ,,~ ." ~ . i , ' ' "I~ . " "'C m o 0:: >. +-' '- Q) .r=. C) :J o o i ~ j:~ i HI ,. I~ f "I ,Hj ilf~ J II ATTAUDT 2,.