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HomeMy WebLinkAboutItem 6.1 DubBlWid 6465ClarkCITY CLERK FILE #670-30 AGENDA STATEMENT CTTY COUNCIL MEETING DATE: December 18, 2001 SUBJECT: Public Hearing: To Consider AdoPtion of a Resolution of Necessity to Condemn Real Property at 6465 Clark Avenue for the Widening of Dublin Boulevard between Village Parkway and Sierra Court/Civic Plaza Report Prepared by: Lee S. Thompson, Director of Public Works ATTACHMENTS: 1) 2) Resolution of Necessity, with Exhibits Location Map RECOMMENDATION: 1) t2) 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) FINANCIAL STATEMENT: There is no cost to the City. Costs of the land acquisition are being paid with Federal and State funds. DESCRIPTION: The City of Dublin seeks to widen Dublin Boulevard from four to six lanes between Village Parkway and Sierra Court/Civic Plaza. In order to do so, the City needs to acquire a portion ora parcel, commonly known as 6465 Clark Avenue (APNs 941-1401-12-01 & 941- 1401-12-02), owned by Sanford Sandelman, Trustee, and Susan Sandelman, Successor Trustee. The 6465 Clark Avenue property is located at the southeast comer of Clark Avenue and Dublin Boulevard with a total area of 5.67 acres. A food processing laboratory is currently leasing the property, on which is situated a 52,180 square-foot building. The City must acquire 4,479 square feet in fee from the Dublin Boulevard frontage of the site for the Dublin Boulevard widening project. In addition to the fee take, the City must also acquire a 2,150 square- foot temporary construction easement to facilitate the construction of the project. Within the area of the proposed take, the property is landscaped with ground cover plants, several olive trees and a sign facing Dublin Boulevard. COPIES TO: g:\miscproj\dbw-VP - SierrakAgst ResNecSandelman Trustee 12-18-01 Sanford Sandelman, Trustee ITEM NO. ~ On March 21, 2001, the City Council adopted Resolution No. 40-00, approving a Mitigated Negative Declaration for the project in compliance with the California Environmental Quality Act. Before the City Council can consider adoption of the 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 had the properties appraised and subsequently tendered offers to purchase the properties for the appraised values on April 18, 2001. For the proposed fee simple and temporary construction easement, the City's appraised value is $145,800, which is the amount offered to Sanford Sandelman,. Trustee on April 18, 2001. Thus far, the City has not been able to negotiate a settlement with San_ford Sandelman, Trustee. To adopt the Resolution of Necessity, the City Council must make the following findings: 1) Whether the public interest and necessity require the project. The widening of Dublin Boulevard will require the acquisition of a portion of APN 941-1401-012-01 and APN 941-1401- 012-02. The acquisition of portions of the parcels will enable the City to proceed with the project. 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 alignment requires the subject propertY to be acquired for the widening project. The six lanes are required and have been adopted by the City Council through the City's General Plan. This widening project for Dublin Boulevard was approved by the City Council after study and hearings. 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, widening Dublin Boulevard to six lanes requires the acquisition of the subject property. 4) Whether the offer required by Government Code Section 7267.2 has been made. The offer has been made. Staff recommends that the City Council conduct a public hearing, deliberate, and adopt the Resolution of Necessity. -2- RESOLUTION NO. -01 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 Assessor's Parcel Nos. 941-1401-12-01 & 941-1401-12-02 WHEREAS, it is desirable and necessary for the City of Dublin to acquire fee title and temporary construction easements within certain real property, particularly described in Exhibit "A", attached hereto and made a part hereof by reference, in order to construct, widen and/or improve Dublin Boulevard as part of the Dublin Boulevard Widening Project located between Village Parkway and Sierra Court/Civic Plaza (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 and 37353(a) and Sections 1240.050, 1240.110, 1240.120, 1240.125, 1240.150, 1240.240, 1240.410 and 1240.610 °fthe 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 of Dublin on the following matters: (a) Whether the public interest and necessity require the Project; (b) Whether the Project is planned or located in the manner that will bemost 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 of the 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 WHEREAS, the City of Dublin has satisfied the provisions of the California Environmental Quality Act for the Project; 1 NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows: 1. The public interest and necessity require the Project for the acquisition of the fee simple and the temporary construction easements in and through the above-identified parcel of land. 2. The Project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury. 3. The taking of the fee simple title and the temporary construction easements in and to the real property more particularly described in said Exhibit "A" is necessary for the Project. 4. The offer required by Section 7267.2 of the Government Code of the State of California has been made to the owner or owners of record of the real property. 5. 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 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 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 of the City Council held on the 18th day of December 2001, by the following vote: AYES: NOES: ABSENT: q ATTEST: Mayor APPROVED AS TO FORM: City Clerk ELIZABETH H. SILVER City Attorney g: Imiscprojldublin vp-sierra~reso necessity-Sandelman 12-18-01.doc 2 EXHIBIT 'A' OWNERS: SANFORD SANDELMAN, TRUSTEE SUSAN SANDELMAN, SUCCESSOR TRUSTEE APNs 941-1401-12-01 & 941-1401-12-02 FEE SIMPLE AND TEMPORARY CONSTRUCTION EASEMENT City of Dublin Alameda County, California 03/16/01 1005 Sanford Sandelman Trustee Page 1 of 2 PARCEL 1 (1005-1) (Fee) Being a portion of the lands described in the deed to the Sanford Sandelman, as trustee of the Alisue Trust under trust Agreement made August 27,1975 as to an undivided one- half interest, and Sanford Sandelman, as one-half interest, as tenants in common as recorded on December 30, 1986 at Instrument Number 85-329887 in the office of the County Recorder of Alameda County, Califomia, more particularly described as follows: BEGINNING at the most easterly corner of said lands at a point on the southerly line of Dublin Boulevard as established by the Grant of right-of-way by Volk-Mc Lain Communities, Inc. to the County of Alameda, dated August 19, 1964, recorded August 28,1964, on Reel 1298, Image 16, under Recorder's series No. AW-138893 of Alameda County Records; Thence along the northerly line of said lands and the southerly line of Dublin Boulevard N.72°43'46"W. 113.207 meters; Thence along last said line along a curve to the left having a radius of 12.802 meters, through a central angle of 86003'23" for an arc length of 19.228 meters; Thence S.21°12'51"W. 3.120 meters; Thence along a non-tangent curve to the right having a radius of 12.562 meters, from a tangent that bears N.21°12'51"E., through a central angle of 86°03'15" for an arc length of 18.867 meters; Thence S.72°43'54"E. 113.396 meters to the southeasterly line of said lands; Thence N.21°49'31"E. 3.342 meters to the Point of Beginning. Containing 416.1 square meters, more or less. Parcel 2 (1005-2)(Temporary Construction Easement) A Temporary Construction Easement, due to expire on March 31, 2003, located in a portion of the lands described in the deed to the Sa.nf9rd Sandelman, as trustee of the Alisue Trust under trust Agreement made August 27,1975 as to an undivided one-half interest, and Sanford Sandelman, as one-half interest, as tenants in common as recorded on December 30, 1986 at Instrument Number 85-329887 in the office of the County Recorder of Alameda County, California, more particularly described as follows: COMMENCING at the most eastedy corner of said lands at a point on the southerly line of Dublin Boulevard as established by the Grant of right-of-way by Volk-Mc Lain Communities, Inc. to the County of Alameda, dated August 19, 1964, recorded August 28,1964; on Reel 1298, Image 16, under Recorder's sedes No. AW-138893 of Alameda County Records; Thence along the southeasterly line of.said lands S.21°49'31"W. 3.342 meters to the TRUE POINT OF BEGINNING; Thence continuing along last said line S.21°49'31"W. 1.529 meters; City of Dublin Alameda County, Califomia 03/16101 1005 Sanford Sandelman Trustee Page 2 of 2 Thence leaving said line N.72°43'54'~/V. 113.274 meters; Thence along a curve to the left having a radius of 11.038 meters, through a central angle of 86°03'15" for an arc length of 16.578 meters; Thence N.68°47'09'~V. 1.524 meters to northwesterly line of said lands and being the southeasterly right-of-way line of Clark Avenue; Thence along last said line on a curve to the right having a radius of 12.562 meters, from a tangent that I~ears N.21°12'51"E., through a central angle of 86°03'15" for an arc length of 18.867 meters; Thence S.72°43'54"E. 113.396 meters to the True Point of Beginning. Containing .199.7 square meters, more or less. Bearings and distances used in the above descriptions are based on the California Coordinate System of 1983, Zone 3, CA-HPGN, Epoch 1991.35. Multiply distances shown by 1.00008133 to obtain ground distances. To convert meters to U.S. Survey feet multiply distance by 3937/1200. This real property description has been prepared by conformance with the Professional Land Surveyors Act. /- Licensed Land Surveyor Date me, or under my direction, in T.P.O.B. P.O.B, P.O,C, TCE (N) R/W (E) R/W gEND True Point of Beginning Description by Choudhory & Associotes, Inc., doted Morch 14, 2001 Point of Beginning Description by Choudhory & Associotee, Inc., doted Morch 11, 2001 Point of Commencement Temporory Construction Eosement New Right of Way Existing Right of Way Parcel Designation No. R=I 2.802 /L=19.228 =86'03;23" DUBLIN EXH, "A" Porcel 1 (FEE) Porcel 2 (TCE) BLVD P.O.C. -~ Parcel 2 xX, P.O.B.---A, Parcel __N72'45'46"W (E) R,/W 115.207 Porcel 1 Areo=416.1 sq. meters :t: S72'43'54"E ._Pg_l:_ce. L2._.re__o.= '-.- so~.. roe.ers ! ' (N) R./W 11,3.396 115,274 N21'49'31"E / ~ S72'45'54"E ///7~ T.P.O.B. R=11.038 Parcel 2----" L=16.578 A =86'05'15" ~ 1,52g----/ ; I TCE EXPIRES 12,562 ~/31/o3 L=18.867 -N68'47'O9"W 6=86'03'15" ( 1 005 ln i. No. 8.6- 3 2 9 ~ ©07 ~ CEAUDHARY & ASSOOAT~$ INC T : : ] MPORARY CONSTRUCTION r~ru~um SCALE 1500 ACQUISITION ~ TE ~ ~ I I I I DATE' March 14, O1 J Of A Podlon ~ III. ~ ~,~:c~= gg6gplo[sdw FILE No gg 10 6g Of The Lands of Sanford Sandelman LOCATION MAP