HomeMy WebLinkAboutItem 6.2 LangeAcquireProperty
CITY CLERK
File # OlaCZJ[Q]-[2]BJ
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 18, 2005
PUBLIC HEARING: To Consider Adoption of a Resolution of
Necessity to Condemn Real Property at 6500 Dublin Boulevard
(Lange et al) for Capital Improvement Program (CIP) Project No.
96852, Dougherty Road Improvements - Houston Place to I~580
Report Prepared by: Melissa Mortoll. Public Works Director
SUBJECT:
I)
2)
RECOMMENDATJON:~ 1)
. ,~~ 2)
~'1j-1' . ~~
5)
6)
ATTACHMENTS:
FINANCIAL STATEMENT:
Resolution of Necessily, 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)
Costs of the land acquisition arc 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 accomplish this goal, it is
necessary for the City to acquire a portion of a parcel, commonly known as 6500 Dublin Boulevard (APN
941-0205-036), owned by James & Elinor Lange, Susan Plisskin, Lawrence Plisskin, Steven & Judith
Goldman, and Green Bear, LLC.
Thc subjcct property is located on Dublin Boulevard west of the Duhlin Boulevard and Dougherty Road
intersection. The two buildings situated on the property at that addrcss is known as Dublin Station, and is
occupied by multiple business tenants.
_____~~~_______________________________________w.~w_.P~_______________________________________..~~___________
COPIES TO: James & Elinor Lange, Susan Plisskin,
Lawrence Plisskin, Steven & Judith Goldman,
Green Bear, Agent for Process: Kaar A. Field
Page 1 00
ITEMNO.~
G:\MISCPROJ\Dougherty Rd Imp· Houston to J-580\Right ofWay\Oublin Station - Lange et Bl\AS nece!:isity ~ l.ange ct al.doc
The City must acquire 9,594 square feet ofland in fec from the Dublin Boulevard frontagc ofthis site for
the Dougherty Road Improvements project. In addition to the fee ownership acquisition, the City also
needs to acquire a 2,093-square-foot temporary construction easement to facilitate construction of the
project. Within the area of the proposed acquisition, the property is landscaped with shn¡bs and trees and
includes portions of an asphalt driveway and parking lot.
On July 6, 2004, the City Council adopted Resolution No. 130~04, approving a Mitigated Negative
Declaration for the project in compliance with the CaliIomia Environmental Quality Act.
Bcforc 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 Scction 7267.2, must be
based upon an approved appraisal. 'The City did have the property appraised and on May 5, 2005,
tendered an offer to purchase the property for the appraised value of $740,500. The City subsequently
updated its appraisal - resulting in a new appraised value of $986,500 - and by letter dated September
15,2005, offered this amount to the owners of the property. The City is currently negotiating a settlement
with the property owners.
To adopt a Resolution ofNccessity for the property, the City Council must make the following findings:
I) Whether the public interest and necessity require the project. The acquisition of a portion of
APN 941-0205-036 will enable 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 gQod and the least private injury. The alignments of Dublin Boulevard and
Dougherty Road require that the subject property be acquired for the widening project. The
improvements are consistent with the City's General Plan. The Dougherty Road Improvements-
Houston Place to 1-580 Project 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 owners, and the property owners alone, have 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 relatcd to it, such as goodwill, but these comments should not be considered when
making the findings that must be made to adopt the resolution.
Adoption of the resolution of necessity authorir.es the City Attorney to institute an eminent domain action
to acquire the property. The action wìI1 be filed 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 proj ect.
Page 20f3
RECOMMENDATION:
Staff recommends that the City Council conduct a public hearing, deliberate, and adopt the Resolution of
Necessity by a 4/5 vote.
Page 3 of3
11Yb1O
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 TILING OF EMINENT DOMAIN
PROCEEDINGS FOR 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-
JAMES & ELINOR LANGE, SUSAN PLISSKIN, LAWRENCE PLISSKIN, STEVEN & JUDITH
GOLDMAN, AND GREEN BEAR, LLC., PROPERTY OWNERS
Assessor's Parcel No. 941-0205-036
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," 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, ofthe Constitution ofthe State of California,
Government Code Scctions 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
of whom have been given a reasonable opportunity to appear and be heard before the City ofDubJin 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 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 ofthe State of
California, the City of Dublin has made an offer to the owner or owners of record to acquire the subject
property for just compensation; and
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WHEREAS, the City of Duhlin has satisfied the provisions of the California Environmental
Quality Act for the Project;
NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows:
1. Tile public interest and necessity require the Project for the acquisition of the fce simple
and the temporary construction easement in and through the 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 of the fee simple title in and to the rea1 property more particularly described in
said Exhihit "A" and Exhibit "B" is necessary for thc Project.
4. The taking of the temporary construction casement 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 ofthe State of California
has been made to the owner or owners of rccord of the real property.
6. The City Attorney ofthe 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 tòr prejudgment possession may be obtained in said action and a warrant issued
to the State Treasury Condemnation Fund, in the amount determined by the 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 18th
day of October, 2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Cì:\MISCPROJ\I){1ugherty Rd Imp - Hou!iton to 1-580\Righl of Wa.y\DubHn Station· Lange et al\Reso]ution of N~~~!iìty - Lange elal.DOC
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FEE ACQUISITION
APN No. 941-0205-036
Exhibit "A"
All that real property simate in the City of Dublin, County of Alameda, State of California, being a
portion of Parcel One.de:scribed in that certain document recorded on July 16, 2001 in Document
No. 2001250985. Alameda County Records,
Also being a portion of PARCEL B as shown on that eeriain map entitled "PARCEL MAP 2695",
filed for record !JIn December 22, 1978 in Book 107 of Parcel Maps at Page 51, Alameda County
Records, more partieu]arly described as follows:
BEG~G at the northeast comer of said P ARCa B;
Thence along the general easterly line of said parcel, South 01°13'02" West. 52.99 feet to the
northerly line" of PARCEL A as shown on said map;
Thence leaving said general easterly line, and along last said Jine, North 88"46'58" West, 47,47
feet to the westerly line (If said PARCEL A; .
;
Thence leaving said northerly line, and along last said line, South 01°13'02" West, 13.60 feet;
Thence leaving said westerly Jine of'Parcel A and across said PARCEL B the following seven (7)
courses:
1)· South 55°48'18" West, 143..22 feet to the beginning of a curve to the right having a radius
of 846.00 feet;
2) Thence along said curve, through a central angle of 7°17'34", for an arc length of 107.68
fl':et to a compound curve to the right having a radius of 72.00 feet;
3) Thence along said curve, through a central angle of 23°28'43", for an arc lengtt¡ of 29.50
feet; '. .
4) Thence South 86°34'35" West, 32.71) feet to the beginning of a curve to the left having a
radius of 100.00 feet;
5) Thence along said curve, through a central angle of 17°21 '29", for an arc length of 30.30
feet to a reverse curve to the right having a radius of 824.00 feet;
"Exhibit "A"
Page I of 4
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6) Thence along said elirve, through a centtal angle of 1°30'23", for an arc length of 21.66
feet tq a reverse curve to the left having B radius of 39.20 feet;
7) Thence along said curve, through a central angle of 32°53'23", foran arc length of 22.50
foot to the northwesterly line of said PARCEL B, the beginning of a non tangent curve to
the right, having a radius of 50.00 foot, from which point a radial line bears South
55°34'34" East;
Thence along said northwesterly line, along said curve, through a central angle of 35°39'27', for
an arè length of 31.12 feet to the beginning of a curve to the left, having a radius of 850.00 feet;
Thence continuing along said northwesterly line, the following two (2) courses:
1) Along said curve, through a central angle of 14°48'02", for an'arc length of 219.57 feet;
2) North 55° 16'51" East, 206.90 feet to the POINT OF BEGlNNINGof this description.
COJ1taiJ1ingan area of 9,594 square feet, 0.22 acres more or less.
A plat showing the above-described parcels is attached hereiJ1 and made a part hereof a.s Exhibit
"B"'.
This description was prepared by me or· under my direction in conformance with the Professional
Land SUlVeyors Act.
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Billy M n, LS 5797 .
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Exhibit "An
Page 2 of4
TEMPORARY CONSTRUCTION EASE:MENT
APN No. 941-0205-036
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 July 16,2001 in Document
No. 2001250985, Alameda County Records,
. .
ALSO being a portion of PARCEL Bas 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 comer of PARCEL A, as shown on said map;
Thence along the westerly line of said PARCEL A, South 01°13'02" West 13.60 fe~t to the TRUE
POINT OF BEGINNING;
Thence continuing along last said line, South 01°13'02" West 6.13 feet;
Thence leaving said westerly line, South 55"48' 18" West 14.89 feet;
Thence South 34°11 '42" East 3.00 feet;
Thence South 55"48' 18" West 5.6.00 feet;
Thence North 34°11 '42" West 3.00 feet;
Thence South 55°48' 18" West 68.77 feet to the beginning of a curve to the right having a radius of
851.00 feet;
Thence along said curve, through a central angle of 7°17'34", for an arc length of 108.32 feet to a
point of compound curvature, having a radius of 77 .00 feet;
Thence along said compound curve, through a central angle of 23°28'43", for an arc length of
31.55 fE':E':t;
Thence SOuth 86°34'35" West 32.70 feet to the beginning of a curve to the left having a radius of
95.00 feet;
'Thenee along said curve, through a central angle of 17°21 '29", for an arc length of 28.78 feet to a
point of compound curvaturE': having a radius of 829.00 feet; .
Thence along said compound curve, through a elflltral anglE': of 1 °30'23", for an arc length of 21.80
feet to it point of compound curvature, having a radius of 34.20 feet:
Exhibit "A"
Page 3 0[4
Ú2 00\"0
Thence along last said compound curve, through a eentra1 angle öf 32°53'23", for an arc length of
19.63 feet; .
Thence North 52°09'54" West 5.00 feet to, the beginning of a non-tangent curve to the right,
having a radi us of 39.10 feet, to which point a radialJine bears South 52°09' 54" East;
Thence along said curve, through a central angle of 32°53'23", for an arc length of 22.50 feet to a
point of compound curvature, having a radius of 824.00 feet;
Thence along said curve, through a central angle of 1 °30'23", for an arc length of 21.66 feet to a
point of compound curvature, having a radius. of 100.00 feet;
Thence along last said compound curve, through a central angle of 17°21 '29", for an arc length of
30.30 feet; :-
Thence North 86°34'35" East 32.70 feet to the beginning of a curve to the left, having a radius of
72:00 feet;
Thence along said curve, through a central angle of 23°28'43", for an arc length of 29.50 feet to a
point of compound curvature, having a radius of 846.00 fee:t;
Thence along said compound curve, through a central angle of 7° 17'34", for an arc length of
107.68 feet;
Thence North 55"'48'18" East 143.22 feet to the TRUE POINT OF BEGINNING.
Containing an ar(:¡t of 2,093 square feet, 0.05 acres more or less.
The Temporary Construction Easement, described above, to terminate upon completion of
construction; for the purposes and incidents thereto over, under, upon and across the above
described parceL
A plat showing tœ above-described parcels is attached herein and made a part hereof as Exhibit
~'B'~. ., -
This description was prepared by me or under my direction in conformance with the Professional
Land Surveyors Act.
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Exhibit "A"
Page 4 of4
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FEE ACQUISITION
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~EGENQ
APN - ASSESSOR PARCEL NUMBER
OR - OFFlCIAL RECORDS
P.O.B. - POINT OF BEGINNING
/' - SQUARE FEET
BASIS OF BEAR-LNG::? Ý
1HE BEARING N 32,'48'00" WEST, THE MONUMENT
UNE ON DOUGHERTY ROAD. BEiWEEN FOUND
MONUMENTS AS SHOWN ON THE MAP ENl11LED
"PARcEL I;4AP 1043" ALEC FOR RECORD ON
SEPlEMBER 28, 1973 AND RECORDED IN BOOK 80
OF PARCEL MAPS AT PAGE 29, IS USED AS THE
BASIS OF BEARINGS FOR lHlS PLAT.
DOC. NO. 2002598974
APN:941-0205-009-0S
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DOC. NO. 9426S159
APN: 941-0550-009-1 1
ÆE ACQUISITION
9.594 sq. ft. ±
0.22 acree ±
P AAcEL A
J01 M 5J
OOCI 2000076438
APN: 941-0205-37
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LANDS OF GREEN BEAR
A CALIFORNIA LIMITED
LIABILITY COMPANY
P AAcEL E
J01 M 5J
PARCEL TWO
EASEMENT FOR COMMON AREA
OVER PARCEL A - 107 M 51
DOC. NO. 2001250985
LINE LENGTH
L1 13.60'
L2 3 0'
PARCEL ONE
DOC: NO. 2001250985
APN: 941-0205-36
4780 CHABOT DRIVE
SUIiE 104
PLEASANTON, CA 94588
925-39.6-7700
925":'396-7799 (FAX)
Subject EXHIBIT "S"
. DUBUN BLVD. VVDlDIT
Job No. 20C ÐA.IUD
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FEE ACQUISITION
C1 9.594 sq. ft. ±
0.22 acre. ±
LANDS OF GREEN BEAR
A CALIFORNIA LIMITED LIABILITY COMPANY
I'ARCEL ONE
DOC. NO.- 200150985
APN, 941-0205-36
CURVE
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Sub ¡act EXHIBIT "6"
DUBUN BLVD.-DOUGHERTY RD. WIDENING
Job No. 20016002
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4760 CHABOT DRIVE
SUITE 104
PLEASANTON, CA 94568
925-396-7700
925-396~7799 (FAX)
Sub laet EXHIBIT "B"
DUBUN BLVD.-DOUGHERTY liD. WIDENING
Job No. 2Q016002
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