HomeMy WebLinkAboutItem 6.3 ResoCondemnScarlettCITY CLERK FILE # 0670-20
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 5, 2000
SUBJECT:
Public Hearing: To Consider Adoption of a Resolution of Necessity
to Condemn Real Property at 6301 Scarlett Court for the Widening
of Dublin Boulevard between Dougherty Road and Scarlett Drive
Report Prepared by: Lee S. Thompson, Director of Public Works
ATTACHMENTS:
1)
2)
Resolution of Necessity, with Exhibits
Location Map
RECOMMENDATION: 1)
/~- 2)
3)
4)
Open Public Hearing
Receive Staff Presentation and public comment
Close public hearing and 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 for through Eastern Dublin Traffic Impact Fees.
DESCRIPTION: The City of Dublin seeks to widen Dublin Boulevard on the south
side between Dougherty Road and Scarlett Drive. In order to do so, the City needs to acquire a portion
of a parcel owned by The Schork Family Partnership, commonly known as 6301 Scarlett Court (APN
941-0550-016-02).
The 6301 Scarlett Court property is a 4.87 + acre parcel (212,048 square feet) that is currently used by
E1 Monte RV Center for the sales and service of recreational vehicles. The property is improved with a
19,200 square foot showroom, a 9,000 square foot shop building, a 16,600 square foot warehouse
building located in the rear of the property, and 146,600 square feet of asphalt paving.
The City must acquire 5,282 square feet in fee for the Dublin Boulevard right-of-way. The City must also
acquire a 13,440 square foot temporary (6 months) construction easement to facilitate the construction of
a retaining wall within the City' s right of way and the demolition of the existing warehouse building.
The location of the warehouse building presents a problem inasmuch as approximately 32 feet of the
building lies within 5,282 square feet of the property required for the Dublin Boulevard Widening. The
building is used for the repair/servicing of recreational vehicles. The two options available to the City are
a) removal of the rear 32 feet and reconstruction of the remainder of the building (cut and reconstruct), or
b) demolition of the entire building.
COPIES TO:
g:\miscproj\dbw-dougherty scarletfiAgst ResNec-E! Monte RV 9-5-00
Schork Family Partnership
ITEM NO.
An architectural and construction firm has provided Staff with an estimate of $375,841 to do the "cut and
reconstruct". This amount, together with the compensation due to the property owner for the property and
a temporary construction easement, amounts to $572,775. Compensation to the property owner for the
second option (the take of the entire warehouse building) is estimated at $210,402 plus the value of the
fee for a total of $398,675. There will be an additional cost of $100,000 to demolish the entire building,
thus the total cost of the second alternative is $498,675 plus any cost for relocation. Comparing the
costs of the two options, it is least expensive to demolish the entire building. In addition, option 2 would
save the City approximately 6 to 8 months in widening this section of Dublin Boulevard. It is therefore
staff s intent to demolish the entire warehouse building and compensate the property owner for its
demolition.
On September 21, 1999, the City Council adopted Resolution No. 171-99, approving a 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 July 17, 2000.
For the proposed fee simple and temporary construction easement and for the depreciated value of the
building to be demolished at 6301 Scarlett Court, the City' s appraised value is $398,675, which is the
amount offered to the Schork Family Partnership on July 17, 2000. Thus far, the City has been unable to
negotiate a settlement with The Schork Family Partnership.
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 941-0550-016-02. 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
adopted by the City Council through the City's General Plan. This Specific Plan Line for Dublin
Boulevard was also adopted by the City council several years ago after study and hearings. The
properties 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 properties.
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. -00
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 No. 941-0550-016-02 (Portion)
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 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 Dougherty Road and Scarlett Drive (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, 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 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 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 Govemment Code Section 7267.2 has been made to the
owner(s) of record; and
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;
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 a
temporary construction easement 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 a temporary construction easement in and through 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 of record of the real property;
5. The provisions of the California Environmental Quality Act have been satisfied for the Project.
6. 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;
7. 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.
PASSED, APPROVED AND ADOPTED this 5th day of September, 2000.
AYES:
NOES:
ABSENT:
ABSTAINING:
ATTEST:
Mayor
City Clerk
APPROVED AS TO FORM:
ELIZABETH H. SILVER
City Attorney
g: ~miscprojldublin dough-scarlreso necessity-el monte R V 9-00. doc
EXHIBIT "A"
OWNER: THE SCHORK FAMILY PARTNERSHIP
APN: 941-0550-016-02 (Portion)
FEE SIMPLE AND EASEMENT TO REMOVE
IMPROVEMENTS
ALL that ceaain real property situate in the City of Dublin, County of Alameda, and State of
California, and described as follows:
BEING a poaion of the lands described in the Grant Deed to The Schork Family Partnership
recorded March 20, 1998 as Instrument Number 98-094486, Official Records of Alameda
County, said portion being more particularly described as follows:
COMMENCING at the most southwesterly comer of Lot 1 as said lot is shown on that certain
map entitled "TRACT 5900", filed February 25, 1993 in Book 206 of Maps at Pages 84 through
86, inclusive, in the Office of the Recorder of Alameda County; THENCE easterly along the
southerly line of said Tract 5900 South 88o46'25'' East 1,099.26 feet to the northwesterly corner
of the said Lands of Schork (98-094486), said corner being also the POINT OF BEGINNING;
THENCE easterly along the noaherly line of said Lands of Schork (98-094486) and along said
southerly line of Tract 5900 South 88046'25'' East 167.69 feet to the noahwesterly corner of the
lands described in the Deed of Dedication to the City of Dublin for public street purposes,
recorded June 23, 1998, as Instrument Number 98-214386, Alameda County Records; THENCE
southerly along the westerly line of said dedication (98-214386) South 01 °13'35" West 31.50
feet; THENCE leaving said westerly line of said dedication (98-214386)North 88046'25" West
167.69 feet to the line common to said Lands of Schork (98-094486) and the lands described in
the Grant Deed to Eldon E. Gearing and Bobbe G. Gearing, trustees of Gearing Family Trust,
recorded March 20, 1990 as Instrument Number 90-075836, Alameda County Records;
O
THENCE along said common line Noah 01 13'35" East 31.50 feet to the POINT OF
BEGINNING. Containing an area of 5,282 square feet more or less.
Together with the right and easement to enter upon the 80 feet southerly of the above-described
portion of land ("Temporary Demolition Easement") for the purpose of removing the
improvements which lie within the Temporary Demolition Easement ("Warehouse Building")
plus any foundation within such area and all improvements which extend into the remaining
portion of owner' s land which are physically attached to the "Warehouse Building" (but not
including any foundation within such remaining poaion of owner' s land), at any time within 120
days after the date possession is authorized as indicated in the order for possession, or within 120
days after Final Judgment in Condemnation for the above-enumerated purposes.
G:MMISCPROJXDBW-DOUGHERTY SCARLETT~LEGAL DESCRIPTION OF FEE SIMPLE.DOC
EASEMENT DESCRIPTION:
80' WIDE TEMPORARY CONSTRUCTION EASEMENT
(ACROSS THE LANDS OF SCHORK)
ALL that certain real property situate in the City of Dublin, County of Alameda, and State of
California, and described as follows:
BEING a portion of the lands described in the Grant Deed to The Schork Family Partnership
recorded March 20, 1998, as Instrument Number 98-094486, Official Records of Alameda
County, said portion being more particularly described as follows:'
COMMENCING at the most southwesterly comer of Lot 1 as said lot is shown on that certain
map entitled "TRACT 5900", filed February 25, 1993, in Book 206 of Maps at Pages 84
through 86, inclusive, in the Office of the Recorder of Alameda County;
THENCE easterly along the southerly line of said Tract 5900 South 88°46'25'' East 1,099.26
feet to the northweste~y comer of said Lands of Schork (98-094486 O.R.);
THENCE southerly along the the line common to said Lands of Schork-(98-094486 O.R.) and
the lands described in the Grant Deed to Eldon E. Gearing and Bobbe G. Gearing, trustees of
the Gearing Family Trust, recorded March 20, 1990, as Instrument Number 90-075836,
Alameda County Records, South 01 ° 13'35 West 31.50 feet to the POINT OF BEGINNING;
THENCE southerly along said common line South 01 °13'35 West 80.00 feet;
TI-IENCE leaving said common line South 88°46'25 East 167.69 feet to the easterly line of said
Lands of Schork (98-094486 O.R.) and the prolongation of the westerly line of the lands
described in the Deed of Dedication to the City of Dublin for public street purposes, recorded
June 23, 1998, as InStrument Number 98-214386, Alameda County Records;
THENCE northerly along said easterly line of the Lands of Schork (98-094486 O.R.) and the
prolongation of said westerly line described for public street purposes (98-214386 O.R.) North..
01°13'35 West 80.00 feet to a point which bears South 01°13'35 West 31.50 feet from the
northwesterly comer of said lands described for public street purposes (98-214386 O.R.);
THENCE leaving said westerly line described for public street purposes (98-214386 O.R.)
North 88°46'25'' West 167.69 feet to the POINT OF BEGINNING.
Exhibit "A"
Page 1 of 2
Containing an area of 13,415 .square feet, more or less.
A plat showing the above described dedication is attached hereto and made a part hereof as
Exhibit "B".
This description has b rep.ared
By: /'~
$
License Expires: 06/30/04
Dated:
k:ksur98X980289.10Xdescfiptions\tee-schork.doc
BrBRIANKANGASFOULK.
Exhibit "A"
Page 2 of 2
led
TRACT 590O
2~09 MAPS' 84
GRAPHIC SCALE
20 40
( IN FEET )
1 inch = 4-0' feet
COMMENCEMENT POINT OF
BEGINNING
S B8 46 25' E
1
\,
=
2:
DUBLIN BOULEVARD
(PUBLIC RIGHT OF WAY)
(WIDTH VARIES)
S 88'46'25" E 167.69'
RIGHT OF WAY DEDICATION
5,282 S.F._+
N 88'46'25" W 167.69'
110'
R/W
DEDICATION .
~B-?_~43B5 O,R,
LANDS OF
THE GEARING
FAMILY TRUST
90-075B35 O.R.
....ANDS OF THE SCHORK
FAMJLY PARTNERSHIP
9B--094486 O,R.
LANDS OF
KASSABIAN
PARCEL
331 P.M,
Englneer~ . .~urveyor~ · ~cnners
2737 North Main Street
Suite 200
Walnut Creek, CA 94596
925/940-2200
925/940-2299 (FAX)
Subject
Job No.
By
EXHIBIT "B"
PLAT TO ACCOMPANY
PROPERTY DESCRIPTION
980289-10
MLM Dote 10/05/99 Chkd- PAK
SHEET 1 OF 1
TRACT 59OO
_.O9 MAPS 84
GRAPHIC SCALE
20 40
I I
( XN FEET )
1 ~nch = ~0 fee~
80
POINT OF'
C/~MMENCEMENT
S 88'46'25" E
099 26'1
LANDS Of
THE GEARING
FAMILY TRUST
90-075838 O.R.
DUBLIN BOULEVARD
(PUBLIC RIGHT OF WAY)
(WIDTH VARIES)
110'
RIGHT OF WAY ACQUISITION
POINTN OF 5,282 S.F.+-
BEGIN ING
N 88'46'25" W 167,69'
,
15,415 S F +
· -
S 88'46'25" E 167.69'
LANDS OF THE SCHORK
FAMJLY pARTNERSHIP
gB-Og4485 O.R.
R/W
ACQUISITION
98-21438E O.R.
LANDS OF
KASSABIAN
PARCEL
131 P.M.
Engineers · Surveyors · Planners
2737 North Mcin Street
Suite 200
Wolnut Creek, CA 94596
925/940-2200
925/940-2299 (FAX)
EXHIBIT "B"
Subject PLAT TO ACCOMPANY
EASEMENT DESCRIPTION
Job No. 980289-10-02
By MLM Dote 08/31/00 Chkd. BTW
SHEET 1 OF 1
Right-of-Way to be Acquired
..... J \~
6440
I ....
............... !
6080
DUBLIN BOULEVARD WIDENING PROJECT BETWEEN DOUGHERTY
ROAD AND SCARLETT DRIVE