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Home My WebLink AboutItem 7.1 AgenciesNotifiedSellingParcelTr 5131 (2) ~< ,~. \ ...~'Y .. L_ '-' - '-" AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 8, 1984 SUBJECT: EXHIBITS ATTACHED: QJf1 RECOMMENDATION: 1:[ FINANCIAL STATEMENT: Sale of Surplus Property to Barratt San Jose 1) Draft Resolution of Intention to Sell City Property and Setting Hearing City Council Agenda Statement of July 23, 1984 Regarding Sale of Surplus Property without Attachments Memo from City Attorney Regarding Sale of Surplus Property 2) 3 ) Adopt resolution of intention to sell city property and setting hearing. Undetermined. DESCRIPTioN: On July 23, 1984, the City Council adopted a resolution establishing 0.9+ acres of land along San Ramon Road as surplus 'land and directing staff to notify appropriate agencies of the City's offer to sell the property. Staff notified five housing and park and recreation agencies of the City's offer to sell the property. Four of the five agencies have stated they are not interested. The fifth agency has not responded. Since the 60 day response time has expired, the City can proceed with the, sale,. The next steps are: 1). Adopt a resolution of intention to sell the property, with a legal description and time of, hearing. 2) At the hearing, hear any protests. The City Council may proceed with the sale after the hearing if no protest is received or if all protests are over ruled by a four-fifths vote. 3) Following the hearing, the City Council can either a) adopt a resolution approving the sale to Barratt and authorizing the Mayor (or Manager) to execute the agreement, or b) continue the matter to allow for additional negotiations. Staff recommends that the City Council adopt the resolution of intention to sell city property and setting hearing for October 22, 1984. ----------------------------------------------------------------- ITEM NO. 7./ COPIES TO: Applicant ("-<., \ ~'" DRAFT RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------------------------------------ STATING INTENTION TO SELL CITY PROPERTY AND SETTING HEARING WHEREAS, Barratt San Jose has requested the City to enter into negotiations to sell 0.6371+ acres of City property adjacent to San Ramon Road South of Silvergate Drive in conjunction with an 84 unit planned Development on the adjacent to the subject property; and WHEREAS. the property in question ("subject property") is located on San Ramon Road. It consists of approximately 0.6371+ acres and is more particularly described in Exhibit A attached hereto; and '" WHEREAS, the subject property consist of a 55+ foot wide strip, 630+ feet in length along San Ramon Boulevard. The subject property is part of the public right-of-way but is not presently used for public right-of-way purposes. There is no present intention to widen San Ramon Boulevard; there is no foreseeable use for the subject property; and , WHEREAS, on December 12, 1983, the City Council directed Staff to enter into negotiations for the sale of the City property, and gave the applicant permission to incorporate City right-of-way in a revised proposal; and WHEREAS, on July 23, 1984, the City Council established that the subject property was surplus land and directed staff to notify the appropriate agencies of the City's offer to sell the property. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council finds that it is in the public interest and convenience to sell the subject property. The City Council intends to sell the subject property and hereby fixes October 22, 1984, at 7:30 P.M. in the Meeting Room, Dublin Library, 7606 Amador Valley Boulevard, as the time for hearing protests to the proposed sale. Protests may be written and filed with the City Clerk before the hearing, or may be made orally at the hearing. At the hearing the Council will hear all protests and shall take final action with respect to the proposed sale of the subject property unless the item is continued. BE IT FURTHER RESOLVED that the City council directs the city Clerk to publish this resolution one time in the Tri-val~ey Herald. The City Clerk is further directed to post three cop~es of this resolution on the subject property in conspicuous places on or before October 12, 1984. PASSED, APPROVED AND ADOPTED this 1984. th day of AYES: NOES: ABSENT: Mayor ATTEST: City Clerk A 11 ,\CJiM~itl-=-L ~ 0605B/0019A 4967 RTA 9-18-84 DESCRIPTION LANDS TO BE PURCHASED FROM THE CITY DF DUBLIN ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF DUBLIN, ALAMEDA- COUNTY, CALIFORNIA, BEING A PORTION OF THE SAN RAMON ROAD RIGHT OF WAY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: . COr-tlENCING AT THE SOUTHEAST CORNER OF TRACT 4218 AS SAID MAP IS RECORDED IN BOOK 115 OF MAPS AT PAGE 55, ALAMEDA COUNTY RECORDS, THENCE NORTH 50034'16" EAST, 77.78 FEET; THENCE NORTH 62049'16" EAST, 151.69 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAN RAMON ROAD, SAID POINT LYING 117.00 FEET FROM THE CALIFORNIA HIGHWAY COMMISSION 'B7" MONUMENT LINE AND SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; - -- THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE OF SAN RAMON R~, SAID LINE ALSO BEING PARALLEL TO AND 117.00 FEET DISTANT FROM THE CALIFORNIA HIGHWAY COMMISSION 'B7' MONUMENT LINE, NORTH 10020'41" WEST, 235.56 FEET; .- THENCE LEAVING AN ALIGNMENT PARALLEL TO SAID "B7 LINE' BUT CONTINUING ALONG THE WESTERLY RIGHT OF WAY LINE OF SAN RAMON ROAD THE FOLLOWING COURSES: NORTH 11020'38" WEST, 190.66 FEET AND NORTH 13034'41" WEST, 204.28 FEET; THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE NORTH 79001'45" EAST, 40.88 FEET; THENCE SOUTH 19045'41" EAST, 90.77 FEET; THENCE SOUTH 10014'00' EAST, 137.01 FEET; THENCE SOUTH 08005'06' EAST, 168.67 FEET; THENCE SOUTH 15059'26" EAST, 61.43 FEET; THENCE SOUTH 17030'30' EAST, 51.28 FEET; THENCE NORTH 45050'00' EAST, 6.54 FEET; THENCE SOUTH 12045'30' EAST, 110.12 FEET; THENCE SOUTH 62049'16' WEST, 59.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 0.6371 ACRES, MORE OR LESS. , EXHIBIT X ...~~~..,.. 1 ,..- .., _" I . ... P' 1 -",,~ ~ :: \ ... - -\'-- .: e>1l-"t::::.~TE= I?I'ZNl:: ~ ~ o ~ \~ \~ ~ . ;, i ", ... N"'.OI4-SE 4',88 l m N . o N ~I ;;1 " r ~ 2 ;; ~ ~ I~ I~ 0- i ~ ~ l! ~I ill I " ~ 7- ~ ~ -s. ~ -<( I ~ 'I;L ,:g ~ l' m o , 2 EXHiBIT ~ Sr\~~'" '2. OF '2- I -;.. ~~ 7- <i ....... ~ 1"--" ........ a 4-871 C;AI..\f'O~N\A t\\etl-\W.A'( ~ I COMM\~\ON 'e>1 Mol'llJMel'\\ ~\~ ./..~\N\::: G4::.~' '(l.fw) (, \2 f'oll4T OF 1\1.l\?' t lD~\~l-IlNGl"" .~ N5t'''*'~''E% ..... I S9'~ () 77.78' __;,~\'" ~ \ ~: ~'-,..tla.2'_'I"""'" ~ \ ''''I.''''' Z ./ ' ~./X;._ rOI~T orC<'MMt:':~c-eMt:04 .......:nz.MIf> Il~-M-!:G ,. .. :\~ ;\~ ~ 2 ,. .~ iR ::~ ~ Ill;'" N i ~I ; ~I . ~. o 1H~5' (Jot. ~ '_5~ o 2 :r ,Ac.. fl.AT To ,Aa::.oMf'ANY t:7l;::SC-jZl PiloN \..Af.lP9 To e>E:. f't)~HA""eO f~M TH!:'-?\"N'oF t/OP->l..IN ?1t'M~49 &-S~ CIVIL ENGINEERS 1955 THE ALAMEOA CALIFORNIA lJ01"o.- SAN JOSE 5C,o,l[' /":6.0' lou[- ( .' AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 23, 1984 SUBJECT: Sale of Surplus Property to Barratt San ,Jose EXHIBITS ATTACHED: 1) December 12, 1983, City Council Agenda RE: Barratt San Jose Request 2) Letter from Barratt San Jose RE: Sale of City Property 3) Memo from City Attorney RE: Sale of Surplus Property 4) Resolution Establishing Surplus ~ Property and Directing Staff to . ~ Notify Appropriate Agencies RECOMMENDATION:J:r' ~ Consider adopting resolution establishing surplus property and directing staff to notify appropriate agencies. FINANCIAL STATEMENT: Undetermined DESCRIPTION: I . BACKGROUND As part of a revised Barratt San Jose proposal for 88 Condominium dwelling units (48 "townhouses" and 40 condos"), the applicant asked the City to enter into negotiations for the sale of the land adjacent to San Ra~on Road south of Silvergate Drive. On December 12, 1983, the City council directed Staff to enter into negotiations and gave the applicant permission to incorporate City right of way in their revised proposal. This action took place with the understanding that the sale of the property or granting permission to make application in no way committed the City to a particular development proposal. After public hearing before the Planning Commission, the City Council approved a revised 84 dwelling Unit Planned Development Rezoning on March l2~1984. On April 23, 1934, the City Council adopted the Ordinance amending the Zoning Ordinance for the rezoning. Condition 12 of the Resolution approving the rezoning states: "Acquisition of the City owned property proposed fer inclusion in this project shall be completed before any permits can be issued for or physical work started on the subject property." The a~plicant is currently processing a Te~tative ~a~ to allow subdivision of the property consistent with the rezoning. C0r.d~ticn #1 of the d~aft resolution a??rovi~g the Tentative Map states: "Prior to fili~g the Final Map, or grading approva: b'Jing given, the City-owned property shown withi:1 the proposed project shall be acquired from the City." In response to the conditions. the applicant hds ~dde a written offer for the City property. ----------------------------------------------------------------- ITI::'I NO. 7./ A TT '\CH~fNT -;J.. COPIES T'): Appl.i.cant ( ( In order for the City Council to consider selling the surplus property to Barratt San Jose, the Staff recommends that the following procedures be used: 1. . Adopt a resolution establishing surplus property and directing Staff to notify appropriate agencies (such as East Bay Regional Parks District and State Resources Agency) . 2. After expiration of the response period (not to exceed 60 days) the City Council must adopt a resolution of intention to sell the City property and setting a public hearing date to discuss the sale of .the property. 3. Take action on the sale of surplus property at the established hearing. II. RECOMMENDATION Staff recommends that the City Council adopt the resolution establishing the surplus property and directing Staff to 'notify appropriate agen.c:=ies. u~,_, .',.. ----------------------------------------------------------------- ITE:.1 NO. COPIES TO: \ ~T"'r"-- ... .. v '-.'.l..;.. ... 01';' nU';'::lLr~.T .... _ ;..J ....... 1'.0, Ih1:-' ::\.IU lJuhI:n. CA 9456X H 15\ ~:!Q-.H,~)O July 13, 1984 \l.tCE\'iE0 j\.lL 1 b 19M l'Il'Ill'IG putj\.\N plJl TO: RICHARD A}iBROSE and LARRY TONG FROM: MICHAEL R. NAVE RE: SALE OF SURPLUS PROPERTY TO BARRATT Assuming the tentative map is approved, the following steps will be required in order to sell to Barratt the property along San Ramon Road required by Ba~ratt for its project. The property in question is vacant right-of-way along a public road. It fits within the definitions of "surplus land" in Government Code 554221 (land which is "...determined to be no longer necessary for such agency's use.....), thus making the provisions of Government Code '554220 et. seq. applicable. These provisions of the Government Code require a City, when it has surplus land to make such land available for low and moderate-income housing and for park and recreation or open-space purposes. In particular, Section 54222 requires the City to send a written offer to sell or lease the property prior to disposing of surplus property, to any local agencies, such as housing authorities and redevelopment agencies, in whose jurisdiction the land is located, for low and moderate income housing. Written notice is also required to be sent to sell or lease the land for park, recreational or open-space purposes to the City Park and Recreation Department, the County Park and Recreation Department, any regional park authority having jurisdiction within Dublin. (e. g., East Bay Regional Parks) and to the State Resources Agency. These provi- sions of the Government Code do not specify that the Council must find the property in surplus. I would suggest, however, that the Council make such a finding by resolution and direct the City Manager to notify appropriate agencies. If any of the agencies to which notice is sent wish to purchase or lease the property, they must notify Dublin within 60 days after receipt of the written notice. Presumably, because of the location and size of the land, no agency will be interested in purchasing it. In that case, the City must follow the procedures of Gevernment Code 537420 et seq., regarding sale of gover~ment property. A T1 ACHMENT .-q I' ( ~ .... . TO: FROM: RE: RICHARD AHBROSE and LARRY TONG MICHAEL R. N.rWE SALE OF SURPLUS PROPERTY TO BARRATT July 13, 1984 If written response is received from all agencies that they are not interested in purchasing or leasing the property, the City can proceed to sell the property prior to the expiration of the 60-day period. The procedure for sale is set forth below. The Council must first adopt a resolution find- ing that the public interest and convenience require the sale of the property. The resolution must state the City's intention to sell>the property. Government Code 537421. The resolution shall also fix a time for hearing, at least two weeks off, at which protests shall be heard, provide for publication of Notice of the hearing, fix the time final action will be taken and contain an accurate description of the property. Government Code 537422 resolution is attached. The resolution must be published at least once in a daily newspaper published and circulated In Dublin or, if none, in a newspaper published in the County designated by the Council. The resolution must also be posted for at least 10 days in at least three conspicuous places on the property. Government Code 537423. At the hearing, anyone may protest the proposed sale. Government Code 537424. The Council may proceed with the sale after the hearing, if no protests are received or if all protests are overruled by a four- fifths vote. Government Code 537425. There is no requirement that the proposed purchase price be included in the resolution setting the public hearing. The resolution approving the sale to Barratt and authorizing the Mayor (or Manager) to execute the agreement, can be on the agenda following the public hearing so that the sale can be made immedi- ately following the hearing. MRN MRN:mr Attachment -2-