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Home My WebLink About6.3 Gil Acquire PropetyCITY CLERK File # 016110'1210 AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 18, 2005 SUBJECT: PUBLIC HEARING: To Consider Adoption of a Resolution of Necessity to Condemn Real Property at 6380 Scarlett Court (Gil) for Capital Improvement Program (CIP) Project No. 96852, Dougherty Road Improvements — Houston Place to I-580 Report Prepared by: Melissa Morton, Public Works Director ATTACHMENTS: 1) Resolution of Necessity, with Exhibits 2) Location Map RECOMMENDATION:1'"' 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 6380 Scarlett Court (APN 941-0550-012-08), owned by Ralph and Pauline Gil, Trustees of Ralph & Pauline Gil Living Trust. The subject property is located on Scarlett Court southeast of the Dublin Boulevard and Dougherty Road intersection. The property at that address is a multi -tenant automotive service commercial facility occupied by three tenants: Gil Body Works, All Glass, and Smog Station. The City must acquire 7,415 square feet of land in fee from the back side of this site for the Dougherty Road Improvements project. In addition to the fee ownership acquisition, the City also needs to acquire COPY TO: Ralph & Pauline Gil, Owners Page 1 of 2 ITEM NO. (0- 5 GANIMPROMougherty Rd Imp - Houston to I-580\Right of Way\Gil\AS necessity - Gil.doc e' the 12,600-square-foot commercial building and a 2,372-square-foot temporary construction easement to Jacilitatc construction of the project. Within the !!rea of the proposed acquisition, the property includcs a portion of the commercial building, asphalt pavcmcnt, and landscaping. On July 6, 2004, thc City Council adopted Resolution No. 130-04, approving a Mitigated Negativc Dcelaration for the project in compliance with the California Environmental Quality Act. Before thc 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 havc thc property appraised and on May 4, 2005, tcndered an offer to purchase the property for the appraiscd value of $1,336,250. The City subsequently updated its appraisal- resulting in a ncw appraised value of $1,631 ,500 - and by letter dated September 14,2005, offcrcd this amount to Ralph and Pauline Œl, Tmstccs of Ralph & Pauline Gil Living Trust. To date, however, the City has been unable to negotiatc a settlement. To adopt a Resolution ofNecess1ly for the property, thc City Council must make the following findings: I) Whether the public interest and necessity require the project. The acquisition of a portion of APN 941-0550-012-08 wi11 enablc thc 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 public good and the least private injury. Thc Dublin Boulevard and Doughcrty Road alignments require that the subject property be acquired for the widening project. The improvements are consistent with the City's General Plan. Thc Dougherty Road Improvements - Houston Placc to 1-580 Project was approved by thc City Council after study and hearings on Novembcr 16, 2004, Resolution No. 222-04. Thc property to be acquired wi11 displace the three current businesses. 3) Whether the property sought to be acquired is necessary for the project. As prcviously stated, the widening of Dublin Boulevard and Dougherty Road requircs the acquisition of the subjcct propcrty. The project is necessary fOT" the mitigation of increased traffic at this interscction. 4) Whether the offer required by Government Code Section 7267.2 has been made. The offer has been made. Thc property owner, and tl1e property owner alonc, has the right to address the Council on all of these proposed findings. Others, such as tenants, may wish to address thc Council as well regarding thc acquisition and issues related to it, such as relocation and goodwill, but their comments should not be considered when making the nndings that must be made to adopt the resolution. Adoption of thc rcsolution of necessity authorizes the City Attorney to institute an eminent domain action to acquire the propcrty. The action will be filed promptly should the Council approve tbe resolution of necessity. Thc rcsolution 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 thc project. RECOMMENDATION: Staff recommends that the City Council conduct a public hearing, deliberate, and adopt the Resolution of Necessity by a 4/5 votc. Page 2 of2 \~lD 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 ONI,Y AND RIGHT TURN FROM DUBLIN BOULEVARD TO SCARLETT COURT ELIMINATED - RALPH & PAULINE GIL, TRUSTEES OF RALPH & PAULINE GIL LIVING TRUST, PROPERTY OWNERS Assessor's Parcel No. 941-0550-012-08 WHEREAS, it is dcsirable 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," attached hereto and made a part hereof by referencc, 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 vcstcd with the power of eminent domain to acquire real property for thc 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, l240.ll0, 1240.120, 1240.510 and 1240.610 ofthe Code of Civil Procedure of the State of California; and WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil Proccdure of the State of California, notice has been duly given to all persons whose property is to be acquired by emincnt domain and whose names and addresses appcar on the last Alameda County equalized asscssment roll, all orwhom have been given a rcasonable opportunity to appear and be heard before the City of Dublin on the following matters: (a) Whcthcr thc public interest and necessity require the Project; (b) Whether the Project is planncd or located in the manner that will be most compatible with the greatest public good and the Icast private injury; (c) Whether the property sought to be acquired is necessary for the Projcct; (d) Whether the offer required by Government Code Section 7267.2 has been made to the owner(s) ofrecord. WHEREAS, pursuant to thc provisions of Section 7267.2 of the Govcrnment 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 jus! compensation; and .rrEM "1Q.3 \O-\'2,OS' ATTACømT ,. '2. t'D t.D WHEREAS, thc City of Dublin has satisfied the provisions of the California Environmental Quality Act for the Project; NOW, THEREJ<'ORE, IT IS FOUND, DETERMINED, AND ORDERED as fol1ows: 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 ahove-identificd p!!rcel of land. 2. The Project is planned and located in the manner which will be most. compatible with the greatest pubJic 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 Exhibit "A" and Exhibit "B" is necessary for the Project. 4. The taking of the temporary constmction casement in and to the real property morc p!ITticularly descrihed in said Exhibit "A" and Exhibit "B" is necessary for the Project. 5. The offer required by Section 7267.2 of the Government Code ofthe State of California 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 authori:¡,ed designec be, and she is hereby, authorized and dircctcd to institute and conduct to conclusion an action in eminent domain for the acquisition of the estates and interests aforesaid and to takc such action as she may deem advisable or necessary in connection thercwith. 7. An order for prejudgment possession may be obtained in said action and a warrant issued to the Statc Trcasury Condemnation Fund, in tl1e anlOunt detennincd by the Court to be so deposited, as a condition to the right ofiillillediate possession. The foregoing Resolution was adopted at a regular mecting of the City Council held on the 18th day of October, 2005, by th.e fol1owing vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G;\MISCPROJ\Dougherty Rd Imp" Houston to 1-5HO\Right nfWay\Oil\Rt:!õolulion ufNec:essity· GiI.DOC 2 " 3 ~lJ¡ J.i FEEACQUISITION APN No. 941-055(1..-012-08· Exhibit "A" ~'" All that Teal property situate in the City of Dublin, County of Alameda, State of California, described as follows: Being·a portion of the parcel described jn that certain docum<mt recorded on June 6, 1994 in Document No. 94-207155, Alameda County Records, and more particularly described as follows: BEGINNING at the intersection of the westerly line of said parcel with the northeasterly right;-of- way of CALTRANS, a varying width right-of-way. as shown on CALTRANS RIGHT -OF-WAY RECORD MAP R-60.33A; Thence along said westerly line, Nòrth 01oi2'40" East 69.66 feet; -Thence'leaving said line, South 33°30' 17" East 8.74 feet; Thence South 33°11'16" East 130.77 feet; The¡¡ce South 31°40'04" East 108.26 feet to the beginning oia curve to the right having·aradius of 156.00 feet; The¡¡ce along said curve, through a central angle of 13~18'09". !!-'). arc length of 36.22 feet to the southwesterly line of said parcel, also being said northeast~ly line of said CALTRANS right-of- way, said point being the beginning of Ii non-tange)1t curve to the right, having a radius o~ 500.00 feet, to which point a radial line bears South 38"02'18'·' West; Thence along said curve, along said lines, through a central. angle of 15°20'51", an axe length of 133.93 feet; Thence North 36"36'51" West 95.17 feet to the POINTOFBEGINNllifG. ... . . Containing an.area of 7,415 square feet, 0,17 acres, mor<:; or less. TOGETIffiR with a Temporary Construction Easeme¡¡t. to temrinate upon completion of eonstructio)1, for the purposes and incidents thereto over, under, across and upon a strip of land 8.00 feet in width, lying contiguous to the northeasterly line of the above described parcel and bounded on the west by the westerly line of said partel and on the south by the CALTRANS right- of-way as shown in CALTRANS RIGHT-OF-WAY RECORD:MAP R-60.33A.. Exhibit "A" . Page 1 of 2 EXBIBITÂ -1.0 tÁt:: tfusü/u~¡04 ( ( ) , ¡ L.\~I.Þ A plat showing the ¡¡bove-described parcel is attached herein and made a part hereof as Exhibit '~Bti'. . Randall Heiken, LS 5756 License ExpjrM 6/3012006 l(;,Mø!n'øJONmOtßIì[l2-1O'J....E:GÞJ..1.GIL2.doo Exhibit "An Page 2 of2 . " Dated: '2..-\17'-05 " ~..' ~~ ~"~~ '*q..; ~ o 0<:P¡.' ~ \., ~ "" ., N· I"1N. ~I ¡!:JO .... ~t 7:g ~'" ~o dJ. z.,¡- . en d .. .. OZ. I,C, ~"- '" .......;e: ori ~J: ~.:t 15'- "'.... .".. .I'd' . ....->, ~ ~&~'\ '<.Ï'J> .'1-'15' "1 f3 6b~. FEE ACQUISITION BASIS OF BEARINGS THE BEARING N 32'48'00" WEST, THE MONUMENT LINE ON DOUGHERTY ROAD, BETWEEN FOUND MONUMENTS AS SHOWN ON THE MAP ENTItLED ·PARCEL MAP ;043" FILED FOR RECORD ON SEPTEMBER 28, 1973 AND .RECCRDED IN BOOK 80 OF PARCEL MAPS AT PAGE 29, IS. USED AS THE BASIS OF BEARINGS FOR THIS PLAT. l~ ~ 1 LEGENQ. APN - ASSESSOR PARCEL NUMBER O.R. - OFFICIAL RECORDS P.O.B. - POINT OF BEGINNING sq, ft. - SQUARE FEET T:'C.E. - TEMPORARY CONSTRUCTION EASEMENT \., ~ w - NON ACCESS AREA RFFFRFNCFS CD 18 M 90-91 \., ~ '\. '" 'c. ~. \., REEL 1566 IMAGE 620 GRANT DEED TO STATE OF CALIFORNIA AND R ELEA::;i:: OF ABUTTERS RIGHTS ~ LINE L1 LINE T A8LF: BEARING s 33'30'17" '\. LEN GTH 6.74' -? <1 .. ó: < i'ð 00 "'I' Y: ";>0:00" -t,l> .si'o J'- ~ CURVE TABLE DELTA RADIUS 13i8'09" 156.00' Bkf & 1_~\_Iru- 1\Str.~'\nI6œP\:1lwa,"\.a:t:...\G1I .Ur, NI04/i'Dt;I.."5 ~? AM PST LENGTH 36. 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