HomeMy WebLinkAboutItem 4.2 PrchsNohrPropDB Ext (2)CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: August 10, 1992
SUBJECT:
Purchase of Property at 6451 Scarlett Court (Nohr
Property) for Dublin Boulevard Extension
EXHIBITS ATTACHED:
1)
2)
Copy of Stipulation
Location Map
RECOMMENDATION:~
1)
2)
Authorize City Attorney to enter stipulation for
final judgment.
Authorize Finance Director to release funds for
purchase of property.
FINANCIAL STATEMENT:
The purchase price is $1,281,257.66 for approximately
33,684.95 square feet. This cost is to be paid by the
Dublin Boulevard Extension Capital Improvement project
from funds loaned by BART for this purpose.
DESCRIPTION: The piece of property to be purchased is a portion of
the Curtiss Dodge parcel at 6451 Scarlett Court, which is owned by D. M. Nohr.
The agreed purchase price is $1,281,257.66. This includes compensation for
improvements, fixtures, and equipment as well as land. The settlement also provides
for interest from June 16, 1992 to the date of escrow closure which is August 11,
1992. The final price also includes an adjustment in the amount of $8,376.50 which
will reimburse the cost of cleaning up hazardous material on the site. This work
was undertaken by the City as part of the project when construction activity
uncovered contaminated soils on this site.
Staff recommends that the City Council authorize the City Attorney to enter a
stipulation for Final Judgment at this purchase price.
(dbx) \aEenda\aEs
ITEM NO. COPIES TO: D. M. Nohr ~ CITY CLERK !
FILE
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MICHAEL R. NAVEs ESQ., %37226
WENDY A. ROBERTS, ESQ., %136216
MEYERS, NAVE, RIBACK & SILVER
A Professional Law corporation
1220 Howard Avenue, suite 250
P. O. Box 208
Burlingame, CA 94011-0208
Telephone: (415) 348-7130
Attorneys for Plaintiff
CITY OF DUBLIN
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE cOUNTY OF ALAMEDA
CITY OF DUBLIN, a municipal
corporation,
plaintlff,
No. V-003791-0
STIPULATION FOR JUDGMENT
AND ORD~RTH~REON--
ACTION IN ~MINENT DOMAIN
vs.
D. MICHAEL NOHR, et al.,
Defendants.
/
IT IS STIPULATED between Plaintiff CITY OF DUBLIN, a
municipal corporation, and Defendants D. MICHAEL NOHR, EQUITABLE
DEED COMPANY, BANK OF AMERICA NATIONAL TRUST AND SAVINGS
ASSOCIATION (as successor by merger to Security Pacific National
Bank), SECURITY PACIFIC NATIONAL BANK and CONCORD COMMERCIAL
BANK, through their respective attorneys, as follows:
1. The Complaint in this action was filed on November 5,
1991, to condemn the fee simple title to the property described
in said Complaint;
2. All named Defendants having an interest in the subject
property have been served with the Summons and Complaint.
3. Defendant D. MICHAEL NOHR represents that, at the time
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and immediately preceding the filing of the complaint, he was and
now is the owner of the subject property.
4. Defendant D. MICHAEL NOHR has been served with Summons
and Complaint in this action, and he is fully informed as to all
matters affecting said property and expressly waives any and all
other process of notice and any rights affected thereby.
5. The subject property is more particularly described in
Exhibits "A-i" and "A-2" attached hereto and incorporated by
reference herein.
6. That the Court is authorized and petitioned to enter
without further notice a Judgment decreeing that the fee simple
title in and to the subject property, more particularly described
in Exhibits "A-i" and "A-2", is taken and condemned as authorized
by law and adjudging that the sum of ONE MILLION TWO HUNDRED
THIRTY-THREE THOUSAND SIX HUNDRED TWENTY-THREE AND 50/100 D~LLARS
($1,233,623.50), plus interest from June 16, 1992, to August 11,
1992, is full, adequate and just compensation for the taking
thereof and for relocation benefits, demolition costs, and any
and all claims or damages asserted by said Defendant; and that
THIRTY-FIVE THOUSAND SEVEN HUNDRED TWENTY DOLLARS ($35,720.00) is
full, adequate and just compensation for the taking of fixtures
and equipment located on the subject property.
7. That Plaintiff CITY OF DUBLIN, will, not later than
August 11, 1992, deliver a check in the sum of ONE MILLION ONE
HUNDRED EIGHTY-ONE THOUSAND TWO HUNDRED FIFTY-SEVEN AND 66/100
DOLLARS ($1,181,257.66) to Northwestern Title Company (Escrow No.
808337), 275 Rose Avenue, Pleasanton, California 94568, payable
to "D. MICHAEL NOHR and BANK OF AMERICA N.T. and $.A.", which is
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the difference between the sum of ONE HUNDRED THOUSAND DOLLARS
($100,000.00) previously withdrawn from deposit by said
Defendants and the agreed-upon just compensation ($1,233,623.50),
interest at the statutory rate of 6.7% ($11,914.16), and the
compensation for fixtures and equipment ($35,720.00), the fee
simple title in and to the subject property will forthwith vest
in plaln%iff free and discharged of all claims and liens of every
kind whatsoever upon recordation of the Final Judgment herein.
12. That the real property taxes, including any
delinquencies, costs, and interest, if any, shall be prorated in
accordance with Revenue and Taxation Code section 4986 as of
March 11, 1992, and such portion of said taxes as is attributable
to the period from and after said date be, and the same are
hereby, canceled, and that the lien for real property taxes,
insofar as it affects the subject parcel, be canceled, and the
auditor of the county of Alameda is directed to take whatever
steps as are necessary to cancel said taxes, and the lien for
real property taxes, insofar as the lien for real property taxes
affects the subject property, is to be canceled and extinguished.
13. Defendant D. MICF~AEL NOHR will grant Plaintiff CITY OF
DUBLIN an option to purchase the remainder of Defendant's parcel
(identified in Exhibit "B") for EIC~T h~JNDRED EIGHTY-SEVEN
THOUSAND SIX HUNDRED FIFTY DOLLARS ($887,650.00). said option
shall remain open for forty (40) days from the date of signing of
this Order and the City will have the right of first refusal on
any sale for one hundred forty (140) days thereafter.
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14. Defendant D. MICHAEL NOHR will be allowed to retain the
right to lease said property through the 180-day period
identified in Item 13.
DATED: ~.:~..: ~ _~-2~ 1992
/..~;, - L, - ~'
MEYERS, NAVE, RIBACK & SILVER
WEND~ ;~/.'/ R6~ERTS
Attorneys for Plaintiff
CITY OF DUBLIN
DATED: , 1992
RINEPLART & A~X~DK~R
DATED: , 1992
By
TODD A. AM~POKER
Attorneys for Defendant
D. MICHAEL NO}ER
BANK OF A~RICA
By
SALLY BROWN
Attorneys for Defendants
BA/~K OF A~RICA NATIONAL TRUST
A/~D SAVINGS A~SOCIATION (as
successor by merger to Security
Pacific National Bank), SECURITY
PACIFIC NATIONAL BANK and
EQUITABLE DEED COMPANY
DATED: , 1992
ELAINE F. B. LF~LOVE-PX2dqT
Attorney for Defendant
CONCORD CO~[MERCIAL BA/gK
ORDER 9~ STIPULATION FOR JU _~.._~
IT IS SO ORDERED on
JUDGE OF THE SUPERIOR COURT
PARCEL B-i, LAi. ~ OF NOHR
REAL PROPERTY IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF
CALIFORNIA, A PORTION OF THE LANDS OF NOHR AS DESCRIBED IN THE
DEED RECORDED FEBRUARY 9, 1984 UNDER SERIES NUMBER 84-026125 IN
THE OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 1 OF TRACT 4978,
RECORDED IN BOOK 145 OF MAPS AT PAGE 3 IN THE RECORDS OF SAID
COUNTY; THENCE S. 88° 46' 45" E. ALONG THE SOUTHERLY LINE OF SAID
TRACT 361.03 FEET TO THE NORTHWESTERLY CORNER OF SAID LANDS OF
NOHR AND THE ACTUAL POINT OF BEGINNING; THENCE THROUGH THE FOL-
LOWING NUMBERED COURSES:
1) S. 88° 46' 45" E., CONTINUING ALONG THE SOUTHERLY LINE OF
SAID TRACT, 151.19 FEET TO A CURVE TO THE LEFT WITH A RADIUS OF
1067.00 FEET
2) FROM A TANGENT THAT BEARS S. 67° 27' 09" W. ALONG SAID CURVE
THROUGH A CENTRAL ANGL~ OF 09° 14' 13" AN ARC DIST~%NCE OF 172.02
FEET TO THE WESTERLY LINE OF SAID LANDS OF NOHR
3) N. 01° 12'.28' E., ALONG SAID LINE, 81.69 FEET TO TEE ACTUAL
POINT OF BEGINNING
THIS PARCEL CONTAINS 0.1327 ACRES MORE OR LESS.
EXP 9/30/92
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WILSEY & HAM
355 LAKESIDE DRIVE. SUITE 200, FOSTER CITY. CA. 94404 (415) 349-2151
P4RCE~ ,~- I
(_.././VD£ os: ArOHt~
PARCEL B-2, LAI,-~ OF NOHR
REAL PROPERTY IN TME CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF
CALIFORNIA, A PORTION OF THE LANDS OF NOER AS DESCRIBED IN THE
DEED RECORDED FEBRUARY 9, 1984 UNDER SERIES NUMBER 84-026125 iN
THE OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOT.LOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 1 OF TRACT 4978,
RECORDED IN BOOK 145 OF MAPS AT PAGE 3 IN TEE RECORDS OF SAID
COUNTY; THENCE S. 88° 46' 45" E. ALONG THE SOUTHERLY LINE OF SAID
TRACT 560.93 FEET TO TEE EASTERLY LINE OF SAID LANDS OF NOHR AND
THE ACTUAL POINT OF. BEGINNING; THENCE T~ROUGH THE FOLLOWING
NUMBERED COURSES:
1) S. 01° 12' 28" W., ALONG SAID EASTERLY LINE, 111.84 FEET TO A
CURVE TO THE LEFT WITH A RADIUS OF 697.42 FEET
2) FROM A TANGENT THAT BEARS S. 67° 23' 36" W. THROUGH A CENTRAL
ANGLE OF 10° 11' 50" AN ARC DISTANCE OF 124.12 FEET
3) S. 57° 11' 46" W. 110.25 FEET TO THE WESTERLY LINE OF SAID
LANDS OF' NOHR
4) N. 01° 12' 28" E., ALONG SAID LINE, 151.80 FEET TO A CURVE TO
THE RIGHT WITH A RADIUS OF 1067.00 FEET
5) FROM A TANGENT THAT BEARS N. 58° 12' 56" E. THROUGH A CENTRAL
ANGLE OF 09° 14' 13" AN ARC DISTANCE OF 172.02 FEET TO SAID LINE
OF SAID TRACT
6) S. 88° 46' 45" E., ALONG SAID LINE, 48.71 FEET TO THE ACTUAL
POINT OF BEGINNING
THIS PARCEL CONTAi/~S 0.6406 ACRES MORE OR LESS.
WILLIAM B. MASTERSON, LS 4818
/,ACT
LOT J
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,4CTU4L ?Ol,4,'T O~ BEd
WILSEY & HAM
:]55 LAKES~::IE DRIVE. SUITE 2D0. FOSTER CITY, C~. 9~,404 (415) :349o2151
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