HomeMy WebLinkAboutItem 6.2 St. Patrick Way Extension
CITY CLERK
File # D~[1][0-[~][QJ
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 20, 2008
SUBJECT:
ATTACHMENTS:
RECOMMENDATIO~
FINANCIAL STATEMENT:
PUBLIC HEARING: To Consider Adoption of a Resolution of
Necessity to Condemn Real Property at 6600 Golden Gate Drive for
Construction of the St. Patrick Way Extension from Golden Gate
Drive Westerly Approximately 450 Feet
Report Prepared by: Melissa Morton, Public Works Director
1)
2)
Resolution of Necessity, with Exhibits
Location Map
1)
2)
3)
4)
5)
6)
Open Public Hearing
Receive Staff Presentation
Receive public comment
Close public hearing
Deliberate
Adopt the Resolution of Necessity (requires 4/5 affirmative
vote to pass)
Costs of the land acquisition are being paid for with Downtown
Traffic Impact Fees and other developer mitigation monies.
DESCRIPTION: The City of Dublin is proposing to extend St. Patrick Way 450 feet
westerly of Golden Gate Drive. In order to accomplish this goal, it is necessary for the City to acquire a
portion of a parcel, commonly known as 6600 Golden Gate Drive (APNs 941-1500-044-2 and 941-1500-
045), owned by PK II Dublin Retail Center, L.P.
The subject property is situated west of Golden Gate Drive and to the south of the Orchard Supply
Hardware Shopping Center located at the southeast comer of Dublin Boulevard and Regional Street. The
business occupying the property at that address is known as Orchard Supply Hardware.
The City must acquire 14,819 square feet of land in fee from this site for the St. Patrick Way Extension
project. In addition to the fee ownership acquisition, the City needs to acquire a 4,670-square-foot
COpy TO: Doug Fisher, Kimco Realty
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G:\CIP\Saint Patrick Way\ROW\StaffReport - OSH Revised.doc
Page 1 of3
ITEM NO. ". 2.
temporary construction easement to facilitate construction of the project and any and all rights, title and
interest, included but not limited to, easements for ingress and egress south of the fee simple area
identified as Areas 4B, 6, and 6 West, as more specifically described in Exhibits "A" and "B" attached to
the Resolution of Necessity. Within the area of the proposed acquisition, the property is paved with
asphalt and includes four trees, a chain link fence, which is to be relocated, and parking lot lighting.
On September 26, 1988, the City Council adopted Resolution No. 132-88, approving a Mitigated Negative
Declaration for the project in compliance with the California Environmental Quality Act. An Addendum
to the original Mitigated Negative Declaration was approved by the Dublin Planning Commission on
November 12, 2003, with minor changes.
Before the City Council can consider adoption of a Resolution of Necessity, the City must submit a
purchase offer to the property owner. The offer, required by Government Code Section 7267.2, must be
based upon an approved appraisal. The City did have the property appraised, and on December 10, 2007,
tendered an offer to purchase the property for the appraised value of$146,200. To date, however, the City
has been unable to negotiate a settlement.
To adopt a Resolution of Necessity for the property, the City Council must make the following findings:
1) Whether the public interest and necessity require the project. The acquisition of a portion of
APN 941-1500-045 will enable the City to proceed with the project to extend St. Patrick Way as
adopted in the City's General Plan and as the adopted Street Plan Line was approved. The project
is necessary for the mitigation of increased traffic in the downtown area.
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 St. Patrick Way Plan Line requires
that the subject property be acquired for the widening project. The improvements are consistent
with the City's General Plan. The St. Patrick Way Plan Line was approved by the City Council
after study and hearings on December 16, 2003, Resolution No. 19-03. 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 extension of St. Patrick Way requires the acquisition of the subject property. The
project is necessary for the mitigation of increased traffic in the downtown area.
4) Whether the offer required by Government Code Section 7267.2 has been made. A written
offer to purchase and an appraisal summary statement for the subject property interests were
served on the owner December 4, 2007.
Conduct a public hearing at which the property owner may express its objections to the right of the City to
acquire the interests in the real property, more fully described in the proposed Resolution of Necessity
attached hereto
Adoption of the resolution of necessity authorizes the City Attorney to institute an eminent domain action
to acquire the property. The action will 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 project.
Page 2 of3
Staff recommends that the City Council: 1) Open public hearing; 2) receive Staff presentation; 3) receive
public comment; 4) close public hearing; 5) deliberate; and 6) adopt the Resolution of Necessity (requires
4/5 affirmative vote to pass).
Page 3 of3
RESOLUTION NO. - 08
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 FOR CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NO. 96870,
ST. PATRICK WAY -REGIONAL STREET TO GOLDEN GATE DRIVE,
PK II DUBLIN RETAIL CENTER, L.P., PROPERTY OWNER
Assessor's Parcel Nos. 914-1500-044-02 and 941-1500-045
WHEREAS, it is desirable and necessary for the City of Dublin to acquire fee title, a temporary
construction easement and any and all rights, title and interest, included but not limited to, easements for
ingress and egress south of the fee simple area identified as Areas 4B, 6, and 6 West, more particularly
described in Exhibits "A" and "B," attached hereto and made a part hereof by reference, in order to
construct, widen and/or extend St. Patrick Way from Golden Gate Drive westerly approximately 450 feet
(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 of the State of California,
Government Code Sections 37350.5, 37353(a), 39792 and 40404, and Sections 1240.010-1240.050,
1240.ll0,1240.120, 1240.510 and 1240.610 of the Code of Civil Procedure of the State of California and
Streets and Highways Code Section 10102; 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 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 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 Proj ect;
ITTIC_ENT I.
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 easement in and through the above-identified parcel of land and the rights,
title and interest, included but not limited to, easements for ingress and egress south of the fee simple area
identified as Areas 4B, 6, and 6 West, more particularly described in Exhibits "A" and "B" attached
hereto.
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, the temporary construction easement and the rights, title
and interest, included but not limited to, easements for ingress and egress south of the fee simple area
identified as Areas 4B, 6, and 6 West, more particularly described in said Exhibit "A" and Exhibit "B" is
necessary for the Proj ect.
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 his duly authorized designee be, and he 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 he 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 ofthe City Council held on the 20th
day of May, 2008, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\CIP\Saint Patrick Way\ROW\Resolution of Necessity - OSH Revised.DOC
2
EXHIBIT "A"
RIGHT OF WAY DESCRIPTION
AREA 3
All that certain real property situate in the City of Dublin, County of Alameda, State of
California and described as follows:
BEING a portjon of Lot C as said lot is shown on that certain map entitled "Parcel Map,
P.M. 4224", filed February 6, 1984, in Book 143 of Final Maps at Pages 6 and 7, in the
Office of the Recorder of Alameda County, said portion being more particularly
described as follows:
BEGINNING at the southeasterly corner of said Lot C on the westerly right of way line
of Golden Gate Drive (right of way varies) as shown on said map; THENCE leaving said
westerly right of way line along the line common to said Lot C and Lot E as shown on
said map South 69008'15" West 434.50 feet to the westerly line of said Lot C; TIIENCE
leaving said common line northerly along said westerly line North 20051 '4511 West 20.00
feet; THENCE leaving said westerly line North 74056157" East 5.48 feet; THENC~ along
a curve to the left having a radius of 400.00 feet through a central angle of 1100811411, an
arc distance of 77.75 feet; THENCE North 63048'43 II East 326.04 feet; THENCE along a
curve to the left having a radius of 40.00 feet through a. central angle of 84040128", an arc
distance of 59.11 feet; THENCE North 20051145" West 10.80 feet to the northerly line of
said Lot C; THENCE along said northerly line North 69008'151/ East 6.00 to said westerly
right of way line; THENCE southerly along said westerly right of way line the following
three (3) courses: 1) South 20051 '45" East 43.66 feet; 2) along a curve to the right having
a radius of34.00 feet through a central angle of35057'02", an arc distance of21.33 feet to
the beginning of a reverse cwve; 3) along said reverse curve having a radius of 50.00 feet
through a central angle of 44001 '37", an arc distance of 38.42 feet to the POINT OF
BEGINNING. Containing an area of 14,819 square feet, more or less.
Together with a 10 foot wide Temporary Construction Easement (TeE) lying northerly
of, parallel with, and adjacent to the northerly line of the right of way described above,
but excluding any area that falls within the existing building.
A plat showing the above described fee parcel is attached hereto and made a part hereof
as Exhibit l'B".
repared from record data for BKF Engineers.
arry T. Williams, P.L.S. No. 6711
License Expires: 06/30/08
Dated: /oll..h 7
By:
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Page 1 of1
~A
"T"_ LL._ 1""\- - -'- -~'-
Lor B
PM 4224
143 PM is
(fjJ
--
L2
.,.-- -
LOT e
PM 4224
143 PM is
GRAPHIC SCALE
~
80 0
I
80
1
160
N69"OB'1S"E 6.00'
N200S1'4S"W 10.80'
S 69"08'15" W 434.50'
. A = 84040'28"
LOT C AREA 3 R = 40.00'
PM 4224 10' TeE 14,819 SFx L = 59.11":"-"
143 PM 6 l----------
--------.....
- - - - ~ 63048'43" E 326.04'
AREA.4B
--- ---.---
- - - AREA 6
_ 1
--
POINT OF
BEGINNING
AREA 6 - WEST
LOT 0
PM 4224
143 pM 6
TeE TEMPORARY CONSTRUC110N EASEMENT
LEGEND:
UNE TABLE: CURVE TABLE:
Ll N 20"51'45" W 20.00' Cl 1:1 "" :35"57'02"
R = .34.00'
L2 N 74"56'57" E 5.4S' L a 21.33'
L3 S 20"51'45" E 43.66' C2 A=' 44001'37"
R = 50;00'
l4 5 61003'40" W (R) L .. 38.42'
CITY OF DUBLIN,
COUNTY OF ALAMEDA,
CALIFORNIA
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EXHIBIT "B"
2737 NORTH MAIN STREET
SUITE 200
WAlNUT CREEK, CA 94596
925-940-2200 .
925-940-2299 (FAX)
Subject PLAT TO ACCOMPANY
RIGHT OF WAY DESCRIPTION (AREA 3)
Job No. 20067114-10
By MLM Date 10/11/07 Chkd,BTW
SHEET 1 OF 1
EXHIBIT .lL