HomeMy WebLinkAboutItem 4.13 6450 Dublin Blvd Settlement Agreement
CITY CLERK
File # D[EJ[O][Q]-f5][Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 19,2006
SUBJECT:
Approval of Settlement Agreement for Real Property at 6450 Dublin
Boulevard for Capital Improvement Program (CIP) Project No.
96852 - Dougherty Road Improvements, Houston Place to 1-580
Report Prepared by: Melissa A. Morton, Public Works Director
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ATTACHMENTS:
1)
Resolution approving Settlement Agreement for a portion of
6450 Dublin Boulevard, together with Exhibit "A",
Agreement
Location Map
2)
RECOMMENDATION:, (V' 1)
/},l. Af'I
../ 2)
Adopt the resolution approving the Settlement Agreement for
a portion of 6450 Dublin Boulevard, and
Authorize the City Manager to issue a check in the amount of
$7,050.00 payable to J & E Esperanca Investments I, LLC.
FINANCIAL STATEMENT:
The value of real property (fee and temporary construction
easement) located at 6450 Dublin Boulevard required for the CIP
Project No. 96852 - Dougherty Road Improvements, Houston Place
to 1-580, is $7,050.00. The budget for land acquisitions as part of
CIP Project No. 96852 is paid for through Traffic Impact Fees.
DESCRIPTION: The City of Dublin seeks to widen and improve the Dublin
Boulevard and Dougherty Road intersection as part of CIP No. 96852, Dougherty Road Improvements -
Houston Place to 1-580. In order to accomplish this goal, it is necessary for the City to acquire a portion
of real property, commonly known as 6450 Dublin Boulevard (APN 941-0205-037), owned by J & E
Esperanca Investments I, LLC, a California Limited Liability Company.
The subject property is located southwest of the Dublin Boulevard and Dougherty Road intersection. The
business occupying the property at that address is known as America's Tire Company.
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 Boulevard/Dougherty Road Widening Project. In addition to the fee
COPY TO: J&E Esperanca Investments
ITEM NO.
4:13
Page 1 of2
G:\MISCPROJ\Dougherty Rd Imp - Houston to I-580\Right of Way \American Tire - Esperanca\agst Settlement agreement.doc
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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 shrubs and includes a business sign.
The property owner has agreed to a settlement price of $7,050.00 for the required land in fee and
temporary construction easement. The compensation is based on just compensation offered to the
property owner, based upon an independent expert appraisal, of the value of the land, and agreed to in the
Settlement Agreement. The existing business sign has been relocated out of the acquisition area by
America's Tire Company.
Staff recommends that the City Council 1) adopt the resolution approving the Settlement Agreement for a
portion of 6450 Dublin Boulevard, and 2) authorize the City Manager to issue a check in the amount of
$7,050.00 payable to J & E Esperanca Investments I, LLC.
Page 2 of2
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RESOLUTION NO. - 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING SETTLEMENT AGREEMENT WITH
J & E ESPERANCA INVESTMENTS I, LLC,
FOR THE PURCHASE OF A PORTION OF PROPERTY IN FEE
LOCATED AT 6450 DUBLIN BOULEVARD
WHEREAS, it is necessary for the City of Dublin to widen and improve the intersection of Dublin
Boulevard and Dougherty Road as part of Capital Improvement Program Project No. 96852, Dougherty
Road Improvements - Houston Place to 1-580; and
WHEREAS, in order to accomplish this goal, it is necessary for the City to acquire a portion of
property in fee located at 6450 Dublin Boulevard; and
WHEREAS, along with the Grant Deed for the subject portion of 6450 Dublin Boulevard, the City
must procure a Temporary Construction Easement in order to facilitate construction of the Project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves
the agreement with J & E Esperanca Investments I, LLC.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement, attached
hereto as Exhibit "A".
PASSED, APPROVED AND ADOPTED this 19th day of September, 2006.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\MISCPROJ\Dougherty Rd Imp - Houston to I-580\Right of Way \American Tire - Esperanca\Reso Settlement Agmt.doc
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SETTLEMENT AGREEMENT
This Settlement Agreement and General Release of All Claims (the "Agreement")
is made as of the day of September 2006, by and between plaintiff City of
Dublin (the "City"), a public body, corporate and politic, defendant J & E Esperanca
Investments I, LLC (hereinafter "Owner"), with reference to the following facts and
purposes:
RECITALS
WHEREAS, the City is vested with the power of eminent domain to acquire real
property by virtue of Article I, Section 19 of the Constitution of the State of California,
Section 37350.5 of the Government Code of the State of California, and Sections
1240.010 and 1240.110 of the Code of Civil Procedure of the State of California;
WHEREAS, on March 29, 2006, the City commenced the action entitled City of
Dublin v. J & E Esperanca Investments I, LLC, et al., Alameda County Superior Court,
Action No. VG 06-262407 (the "Action"), to acquire a portion of the real property and
real property interests located at 6450 Dublin Boulevard, Dublin, California, identified as
APN 941-0205-037 (the "Subject Property") as set forth in the Complaint on file in this
Action and attached hereto as Exhibits A, A-1 and B, and B-1;
WHEREAS, as of the commencement of the Action, the Subject Property
consisted of one parcel with a commercial building on it;
WHEREAS, J & E Esperanca Investments I, LLC, a California Limited Liability
Company, is the fee owner of the Subject Property as set forth in North American Title
Company dated March 9, 2006;
WHEREAS, defendant J & E Esperanca Investments I, LLC has agreed to
accept the consideration, terms, and conditions as set forth in this Agreement, as
compensation for its claims and interest in the Subject Property and the claims it could
have in this Action;
WHEREAS, the City, and J & E Esperanca Investments I, LLC, wish to settle any
and all claims against each other that were or could have been raised in this litigation;
AGREEMENT
1. As payment in settlement of the claims from or otherwise relating to the
Action, as described herein, the City hereby agrees to pay a total of
Settlement Agreement
EXIIIBITA
To the Resolution
30b\Q
SEVEN THOUSAND AND FIFTY DOLLARS ($7,050.00), as just
compensation for the real property and real property interests at issue in
this Action (the "Settlement Amount").
2. Defendants J & E Esperanca Investments I, LLC agrees that payment of
the Settlement Amount constitutes just compensation and full satisfaction
for each and every claim, cause of action or liability, known or unknown,
now or in the future, against the City, its agents, employees, or authorizing
authorities or public entities, which is asserted or might have been
asserted by defendants, and each of them, in Case No. VG 06-262407,
arising from or otherwise relating to the Action, including but not limited to,
specific apportionment of the Settlement Amount, loss of goodwill,
relocation assistance and benefits, compensation for improvements,
personal property inventory, furniture, fixtures, machinery, equipment,
inverse condemnation, pre-condemnation damages, interest and any
damages of any nature and for any causes.
3. Payment of just compensation to the defendant in the amount of
$7,050.00, shall be made upon payment from the City of Dublin within
thirty (30) days of the filing of the Judgment as set forth in the proposed
Judgment in Condemnation attached hereto as Exhibit C, payable to J &
E Esperanca Investments I, LLC and forwarded to Catherine C. Sprinkles,
counsel for defendant, McPharlin, Sprinkles & Thomas LLP, 10 Almaden
Blvd., Suite 1460, San Jose, CA 95113, for disbursement.
4. Should any term, clause, provision or attachment of this Agreement be
found to be invalid, the validity of the remaining terms, clauses and
provisions shall not be affected.
5. Possession of the subject property as set forth in the Complaint on file in
this action shall take place on the date of the filing of the Judgment or on
August 1, 2006, which ever occurs first.
6. This Agreement does not address nor determine any compensation due, if
any, to any tenant of the Subject Property, or the payment for the
relocation of the sign, which has already been relocated.
Settlement Agreement
Page 2 of 3
DATED:
,2006
DATED: August
,2006
Approved as to form:
DATED:!/1J--.2006
I (
DATED:~. 2006
114-4014/833055_1.DOC
Settlement Agreement
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CITY OF DUBLIN
By:
JANETLOCKHART,MAYOR
J& E ESPERANCA INVESTMENTS I, LLC
By:
NAME
TITLE:
MEYERS, NAVE, RIBACK, SILVER & WILSON
By:
Claudia J. Gor
Attorneys for PI
City of Dublin
MCPHARLlN, SPRINKLES & THOMAS, LLP
By:
. Catherine C. rinkles
Attorneys for Defendant and Property Owner
J & E Esperanca Investments I, LLC
Page 3 of 3
DATED:
,2006
DATED: August .23 ,2006
Approved as to form:
DATED:VI/ ,2006
71
DATED:~, 2006
114-4014/833055_ 1. DOC
Settlement Agreement
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CITY OF DUBLIN
By:
JANETLOCKHART,MAYOR
J & E ESPERANCA INVESTMENTS I, LLC
By:
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TITLE:
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MEYERS, NAVE, RIBACK, SILVER & WILSON
By{lfZu~~}.~
Claudia J. Gor~!
Attorneys for PI~ntiff
City of Dublin
MCPHARLlN, SPRINKLES & THOMAS, LLP
By:
Catherine C. Sprinkles
Attorneys for Defendant and Property Owner
j & E Esperanca investments i, LLC
Page 3 of 3
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EXHIBIT A
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FEE ACQUISITION
APN No. 941'-0205-037
Exhibit "A"
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 certain document recorded on March 15, 2000 in Document
No. 200076438, Alameda County Records,
Also being a portion of P AReEL 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:
BEGINNINU at the northwest comer of said Parcel One;
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Thence along the northerly line of said parcel, ~outh 88046'58" East. 19.13 feet~ .
Thence leaving said northerly line, South 55048' 18".West, 23.47 feet to the westerly line of said.
. Parcel One;
. Thence along said westerly line, North 01013'02" East, 13.60 feet to the POINT OF BEGINN:il-TG
of this description.' -
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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''. .
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This descriptio~ was prepared by me or under my direction in confonnance with the Professional
Land Surveyors Act.
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EXHIBIT A-1
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Bft.,SIS OF BEARINGS
, lHE SEARING N 32'48'00. WEST, 1liE MONUMENT
UNE ON DOUGHERTY ROAD, BE1Vrt:EN FOUND
MONUMENlS AS SHOWN ON THE MAP ENTITLED
"PARCEL MAP 1043" FILED FOR RECORD ON
SEPTEMBER 28. 1973 AND RECORDED IN BOOK 80
OF PARCEL MAPS AT PAGE 29, IS USED AS Tl:lE
BASIS OF BEAR1NGS FOR lH1S PLAT.
FEE ACQUISITION/ /
,/ LEGEND
APN - ASSESSOR PARca NUMBER
. OR - OFFlCIAt. RECORDS .
P.O.B. - POINT OF BEGtNN1NG
sq. ft. - SQUARE FEET
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PARCEL 1
DOC. NO. 94268159
APN: 941-0550-009-11
PAAc.t.L A
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PARCEL 8
107 M 51 .
PARCEL ONE
DOC.. NO. 2001250985 ;
APN: 941-0205-36
P ARea TWO
EASEMENT FOR COMMON AREA
OVER PARCEL B - 107 M 51
DOC. NO. 2000076438
UNE TABLE
UNE BEARING LENG1H
L1 S 88"4-6'58" E 19.13'
L2 5 55'.i\-8'1S" W 23.47'
L3 N 0113'02" E 13.60'
BEFERENCES
(D- 107 M 51
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4780 CHABOT DRIVE
SUITE 104 .
PLEASANTON, CA 94588
925-396-7700
925-396-7799 (FAX)
Sub ject EXHIBIT "s"
DUBUN BLVD.-DOUGHERTY. RD. 'rVlDENING
, Job No.. 20016002
By RL Date Si25/04 .Chkd,CK
SHEET 1 OF 1
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EXHIBIT 'B
TEl\1PORARY CONSTRUCTION EASEJ\1ENT
APN No. 94i-G205-037
Exhibit "A"
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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 certain 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 the northwest corner of said PARCEL A; .
Thence along the northerly line of said parcel, South 88046'58" East, 19.13 feet to the TRUE
POINT OF BEGINNING; .
Thence continuIng along last said line, South 88046'58" Bast 8.94 feet;
Thence leaving last said line and across said:i? ARCEL A, the followin"g two (2) courses: "
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1) South 57045'03" West 5.28 feet; .
2) South 55048' 18" West 29.03 feet to the westerly line of said PARCEL A;
Thence and along last said line, North 0 1 013 '02" Bast 6; 13 feet;
Thence leaving last said line, North 55048' 18" East ~3.47 feet to the TRUE POINT OF
BEGINNING.
Containing an area of 144 square.feet, more or less.
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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.
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Ex.hibit "A"
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"'B".
A plat showing the above-described parcels is attached herein and made a part "hereof as Exhibit
. .
This description was prepared by me or under my direction in conformance with the Prof~ssional
Land Surveyors Act.
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BASIS OF BEARINGS / LEGEND
THE BEAR1NGN 32'48'00" WEST, THE MONUMENT ". APN _ ASSESSOR PARCEL NUMBER
UNE ON DOUGHERTY ROAD, BETWEEN FOUND / P 0 8 _ POINT OF BEGINNING .
MONUMENTS AS SHOWN ON THE MAP ENTITLED ". s' 'ft'.- SQUARE FEET
"PARCEL MAP 1043" FILED FOR RECORD ON / T ~'O B' _ TRUE POINT OF BEGINNING
SEPTEMBER 28. 1973 AND RECORDED IN BOOK 80 / . . . ,
OF PARCEL MAPS AT PAGE 29, lS USED AS THE".
BASIS OF BEARINGS FOR THIS PLAT. /.
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DOC. . N'O.. 94268159 ~
APN: 941-0550-009-11
.PABCEL A
107 M 5j
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5' WIDE TEMPORARY
CONSTRUCTION EASEMENT
144 sq.. ft. :l:
PARCEL B
107 M 5J
PARCEL TWO
EASEMENT FOR COMMON AREA
OVER PARCEL 8 - 107 M 51
DOC. NO, 200076438
LINE
L1
L2
L3
L4
. L5
L6
PARCEL ONE
DOC. NO. 2000076438
APN: 941-0205-037
LINE TABLE
. BEARING
S B8~46'58" E
S 88'46'58" E
S 57'45'03" W
S 55'48'18" W.
. N. 01'1'3'02" E
N 55'48'18" E
LEN GTH
19.13'
8,94'
5.28'
29.03'
6.13'
23.47'
PARCEL ONE
DOC. NO. 2001250985
APN: 941-0205-36 .
REFERENCES
G)- 107 M 51
B f
4780 CHABOT DRIVE
SUITE 104
.PlEASANTON, CA 94588
925-396-7700
925-396-7799 (FAX)
. Subject' EXHIBIT "s"
DUBUN BLVD,-DOUGHERTY RD. WIDENING
Job No. 20016002
By RL Date .01/28/05 ChkdRH
SHEET 1 OF 1
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EXHIBIT C
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David W. Skinner, Esq. (SBN: 146285)
Claudia J. Gorham, Esq. (SBN: 142344)
2 MEYERS, NAVE, RIBACK, SILVER & WILSON
555 1 ih Street, Suite 1500
3 Oakland, CA 94607
4 Telephone: (510) 808-2000
Facsimile: (510) 444-1108
5
Attorneys for Plaintiff
6 CITY OF DUBLIN, a municipal corporation
7
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF ALAMEDA
8
9
10
CITY OF DUBLIN, a municipal corporation, )
)
)
)
)
J & E ESPERANCA INVESTMENTS I, LLC,)
14 a California Limited Liability Company; ).
AMERICA'S TIRE CO.; WINSTONE TIRE )
15 COMPANY, a California corporation; JOHN)
16 E. MADDEN; STANDARD BRANDS PAINT)
COMPANY, INC. OF CALIFORNIA; and )
17 DOES 1 - 50, inclusive, )
)
)
)
)
11
12
v.
Plaintiff,
13
18
Defendants.
19
20
21
22
23
24
25
26
27
28
Case No: VG 06-262407
JUDGMENT
APN: 941-205-037
Cornplaint Filed: March 29, 2006
Trial Date: Not Assigned
Judgment
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In the above-entitled cause, plaintiff CiTY OF DUBLIN ("City") and defendant J & E
2 ESPERANCA INVESTMENTS I, LLC, having stipulated that judgment be entered as
3 follows:
4 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that upon payment of just
5 compensation to defendants in the amount of $7,050.00, the property described in the
6 complaint shall be condemned for the public use of plaintiff.
7 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the payment of just
8 compensation as set forth above shall constitute full payment for the property so taken,
9 and for all claims of compensation, including but not limited to, compensation for land,
10 interest, attorneys' fees and costs or damages of every kind and nature suffered by
11 defendants and each of them by reason of the taking of the property or by reason of any
12 action or inaction whatsoever on the part of the City or its agents in relation to the property.
13 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, defendant
14 American's Tire Company, default having been entered as to it, judgment is granted as to
15 this defaulting defendant, and that such defendant claims no interest in the property being
16 acquired herein and is not entitled to any compensation under this Judgment.
17 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that in accordance with
18 this Judgment in Condemnation, the CITY OF DUBLIN shall pay to defendant J & E
19 ESPERANCA INVESTMENTS I, LLC the sum of $7,050.00 c/o Catherine C. Sprinkles,
20 Attorney at Law, McPharlin Sprinkles & Thomas LLP, 10 Almaden Blvd., Suite 1460, San
21 Jose, California, 95113, within thirty (30) days of the filing of this Judgment.
22 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that pursuant to the
23 provisions of section 5081 of the Revenue and Tax Code and section 1268.410 et seq. of.
24 the Code of Civil Procedure, any current or delinquent Teal property taxes, penalties or
25 assessments that are a lien against the property actually taken in fee shall be prorated,
26 apportioned, deducted and paid to the Tax Collector of Sacramento County as of the date
27 of the filing of this Judgment.
28
Judgment
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IT IS FURTHER ORDERED, ADJUDGED AND DECREED that any taxes, penalties
2 or assessments of Sacramento County or any other taxing agency accruing on the
3 property actually taken in fee after the date of the filing of this Judgment are hereby
4 canceled, and the plaintiff shall take free and clear of any lien or encumbrances therefor on
5 said parcel.
6 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the use for which
7 said real property is sought to be condemned, to wit, the construction of the City of
8 Dublin's Capital Improvement Program (CIP) Project No. 96852, Dougherty Road
9 Improvements (Houston Place fo 1-580, with Scarlett Court Access to Dublin Boulevard
10 Limited to Right Turn Out Only, and Right Turn from Dublin Boulevard to Scarlett Court
11 Eliminated), is and was a public use, and the taking in condemnation by plaintiff of said
12 property is and was necessary for said public use.
13 IT IS FURTHE ORDERED, ADJUDGED AND DECREED, the City of Dublin shall
14 take possession of the property described in the complaint on August 1, 2006 or the date
15 this Judgment is filed, whichever occurs first.
16
17 Dated:
JUDGE OF THE SUPERIOR COURT
18
19
20
21
22
Approved as to form.
23
24
25
26 Catherine C. Sprinkles
Attorney for Defendant
27 J&E Esperanca Investments I, LLC
28
114-4014/839400_1 . DOC
2
Judgment
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