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HomeMy WebLinkAboutItem 6.4 Condemn Scarlett CtCI'TY CLERK FILE # 0670-40 AGENDA STATEMENT CITY COUNCTL MEETTNG DATE: June 20, 2000 SUBJECT: Public Hearing: To Consider Adoption of a Resolution of Necessity to Condemn Real Property at 6367-6391 Scarlett Court and at 6363 and 6365 Scarlett Court for the Widening of Dublin Boulevard between Dougherty Road and Scarlett Drive Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) 2) Resolution of NecessitY, with Exhibits Location Map RECOMMENDATION: 1) 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 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 parcels owned by Michael Dolan of Dolan Lumber, commonly known as 6367-6391 Scarlett Court (APN #941-0550-013-04) and 6363 and 6365 Scarlett Court (APN #941-0550-014-02). The 6367-6391 Scarlett Court property is a 2.92 + acre parcel (127,086 square feet) that has been improved with 2 industrial buildings which total approximately 18,000 square feet, and subdivided in to 6 units. The City needs to acquire a 3-foot wide (600 square feet) temporary construction easement (TCE) for a period of 10 months along the Dublin Boulevard frontage of the property. The City needs the TCE to facilitate the construction of a retaining wall within the City's right-of-way that will support new sidewalk and improvements on Dublin Boulevard. There are no major improvements within the area of the TCE. The property is used for open stOrage. A chain link fence will be replaced upon the completion of construction. COPIES TO: Michael Dolan ITEM NO. __~ g:\miscproj\dbw-dougherty scarlett\agst reso necessity The 6363 and 6365 Scarlett Court property is a 3.78 + acre parcel (164,829 square feet) that is'improved with 1 industrial building and 3 sheds totaling approximately 6,900 square feet. The City needs to acquire a 7,046 square foot strip along the Dublin Boulevard frontage, and a 3-foot wide (557 square feet) TCE for a period of 10 months. The City needs the TCE to facilitate the construction of a retaining wall within the City's right-of-way. Within the area of the proposed take, the property is improved with a concrete-surfaced parking/storage area, chain link fencing, and chain link fencing with privacy slats. The chain link fencing will be moved and replaced at the new property line upon completion of the project. 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 submitted offers to purchase the properties for the appraised values on March 16, 2000. For the proposed TCE at 6367-6391 Scarlett Court, the City's appraised value is $682.43. The City has also offered $1,000 to move storage materials within the TCE area. The City's rounded offer for the 6367-6391 Scarlett Court property is $1,700. For the proposed fee acquisition at 6363 and 6365 Scarlett Court, the City's appraised value is $105,690. For the proposed TCE, the City's appraised value is $633.53. The City offered the sum of $757.50 for the fencing. The City's rounded offer for the 6363 and 6365 Scarlett Court property is $107,600. Thus far, the City has been unable to negotiate a settlement with Mr. Dolan. 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 portions of APNs 941-0550-013-04 and 941-0550-014-02. 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 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 requires the acquisition of the subject properties. 4) Whether the offer required by Government Code Section 7267.2 has been made. These offers have 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 TH-E CITY COUNCIL OF ~ CITY OF DUBLIN DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN L. ~,A~D AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS WHEREAS, it is desirable and necessary for the City of Dublin to acquire fee title and temporary construction easements within certa,~ real property, particularly described in Exhibits "A", "B'}and "C", 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, 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 oppommity to appear and be heard before the City of Dublin on the following matters: ;~ (a) Co) Whether the public interest and necessity requi~e._the Project; ~'hether 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; 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, BE IT RESOLVED that: 1. The public interest and necessity require the Project which involves the construction, widening and/or improvement of Dublin Boulevard as part of the Dublin Boulevard Widening Project located between Dougherty Road and Scarlett Drive. 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 property sought to be acquired 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 owners 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 20th day of June, 2000.~ ;. AYES: NOES: ABSENT: ABSTAINING: ATTEST: City Clerk Mayor APPROVED AS TO FORM: ELIZABETH H. SILVER City Attorney "g: lmiscprojldublin dough-scar~resopublicnecessity, doc 2 OWNER: MICHAEL P. DOLAN APN: 941-0550-014-02 Exhibit A Fee Simple Brian Ka.§as Fnulk Engineers · Surveyors · Planners July 24, 1999 BKF Project No. 980289-10 PROPERTY DESCRIPTION: RIGHT OF WAY ACQUISITION 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 land§ described in the Grant Deed to Michael Dolan recorded.-April 14, 1970, as Reel 2598 at Image 538, Alameda County Records, said portion being more particularly described as follows: .... .. ,..~.~ COMMENCING at the most southwesterly corner 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 740.71 feet to the northeasterly corner of the lands described for right of way purposes recorded November 25, 1991, as Instrument Number 91-313723, Alameda County Records, said corner being also the POINTT OF BEGINNING; THENCE easterly along the northerly line of said Lands of Dolan (2598 O.R. 538) and along said southerly line of Tract 5900. South 88 °46'25" East 184.27 feet to the line common to said Lands of Dolan (2598 O.R. 538) 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; THENCE southerly along said common line South 01 °13'35" West 31.53 -feet to a.point on the arc of a curve, concave southerly', having a radius of 945.00 feet, from which the radial center bears North 00048'08" East; THENCE along said curve having a radius of 945.00 through a central angle of 11 °15'09", an arc distance of 185.59 feet to the southeasterly corner of said lands described for fight of way purposes (91-313723); THENCE along the easterly line of said lands described for fight of way purposes (91-313723) North 01 ° 12'48" East 51.06 feet to the POINT OF BEGINNING. Containing an area of 7,046 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 been prepared for BRIAN KANGAS FOULK. By: ~',.,c~ /~7~z.~c/~ Paul Kittredge, P.L.~,4qo. 5790 License Expires: 06/30/00 Dated: --~/5 Z.q/ /~"~'7 kSsur98k980289.10\descrip~onsk2598~5'38.doc Exhibit "A" Page 1 of 2 2737 North Main Street, Suite 200 o Walnut Creek, CA 945§6-2714 · (925) 940-2200 ° FAX {925) 940-2299 GRAPHIC SCALE · ( IN FEET ) ~1~ TRACT 5900 1 inch = 40 feet R=1055.0~ ~ DUBLIN BOULEVARD / ~ COMMENCEMENT (PUBLIC RIGHT OF WAY) / 110' . (~DTH VARIES) / ~ ~ POINT OF . ~0 ~/W- ~ RIGHT OF WAY ACQUISITION ACQUISITION ~ ~ 7,0~6 S.F.~] X~ REEL ~59S I~G5 538 ~NDS OF ~NDS OF THE G~ING DD~N FAMILY T~UST ~E~L 454~ 90-O75536 0.~. Exhibit A /~ 27~7 ~ort~ ~ Street Subject PLAT PROPER~ DESCR I PT I ON Wolnut Creek, CA ~45~fi ~ob ~o. ~802g~-10 - ~25/~40-22~ (F~X) SHIll 2_ OF 2 _ OWNER: MICHAEL P. DOLAN APN: 941-0550-014-02 · Exhibit B Temporary Construction Easement Brian Kangas Fouik Engineers · Surveyors · Planners December 1, 1999 BICF Project No. 980289-10-02 EASEMENT DESCRIPTION: ' 3' WIDE TEMPORARY CONSTRUCTION EASEMENT (ACROSS THE LANDS OF DOLAN) 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 Michael Dolan recorded October 4, 1976,. as Reel 4549 at Image 171, Alameda County Records, said portion being more particularly described as follows: BEING a strip of land of uniform width of 3.00 feet ly/ng sodthefly of, parallel with and contiguous to the southerly line of the lands described for right of way purposes recorded November 25, 1991, as Instrument Number 91-313723, Alameda County Records. Containing an area of 600 square feet, more or less. The sidelines of the above described easement shall be lengthened or shortened so as to terminate at the westerly and easterly lines of said Lands of Dolan (4549 O.R. 171). A plat shoWing the above described easement is attached hereto and made a part hereof as Exhibit "B". _This description has been prepared for BRIAN KANGA~'FOULK. License ExPires: 06/30/00 k:k~ur98k980289.10~escription$\tce-dolan2a, doc Exhibit "B" Page 1 of 2 2737 North Main Street, Suite 200 · Walnut Creek, CA 94596-2714 · (925) 940-2200 · FAX (925) 940-2299 GRAPHIC SCALE 20 40 ( IN FEET ) 1 inch = 40 feet 80 TRACT 590O 209 MAPS ~4 ~UBLIC RIGHT OF WAY) 110' . (WIDTH VARIES) 88'46'45"" E]S 88'46'25" E 190 14' RIGHT OF WAY ACQUISITION gl-313723 O.R. ~ ..-- N W ~ ~ , . oo /[. 22'29 26 w / .,¢o~ ~ ~9~t-~ ;.o~'  ' CONSTRUCTION EASEMENT ~S 67'27'25" w 600 S.F.~ LANDS OF NOHR O.R. LANDS OF DOLAN REEL 4549 IMAGE 171 DENOTES RECORD DATA PER 91-315725 O.R. RIGHT OF WAY AC~UJSFFION LANDS OF' DOLAN REEL 259B IMAGE 538 EXHIBIT "B" 27.37 North Main Street Walnut Creek. CA 94596 Engins~l'~ · ~u~y=~ ~ Plonn~ 925/940-2200 925/940-2299 (FAX) Subject PLAT TO ACCOMPANY EASEMENT DESCRIPTION Job No. 980289-10-02 By MLM Dote 12/01/99, Chkd. PAK SHEET 2 OF 2 OWNER: MICHAEL P. DOLAN APN: 941-0550-013-04 Exhibit C Temporary Construction Easement Brian Kangas Foulk Engineers · Surveyors · Planners December 1, 1999 BICF Project No. 980289-10-02 EASEMENT DESCRIPTION: ' ~ 3' 'WIDE TEMPORARY CONSTRUCTION EASEMENT (ACROSS THE LANDS OF DOLAN) AIL that certain real proper~y 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 Michael Dolan recorded April 14, 1970, as Reel 2598 at Image 538, Alameda County Records, said portion being more particularly described as follows: COMMENCING at the most southwesterly corner of Lot 1 as said lot is shown on that certain map entitled "TRACT 590.0", 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 924.98 feet to the northeasterly corneJ of said Lands of Dolan (2598 O.R. 538); THENCE South 01013'35'' West 31.53 feet to a point on the arc of a .non-tangent curve, concave southerly, having a radius of 945.00 feet, from which the radial center bears North 00048'08" East, said point being the POINT OF BEGIN~IN. G; -_ THENCE westerly along said curve having a radius of 945.00 feet through a central angle of 11 ° 15'09", an arc distance of 185.59 feet to the southeasterly corner of the lands described for fight of way purposes recorded November 25, 1991, as Instrument Number 91-313723, Alameda County Records; THENCE southerly along the line common to sai~l Lands of Dolan (2598 O.R. 538) a~d the lands described in the Grant Deed to Michael Dolan recorded October 4, 1976, as Reel 4549 at Image 171, Alameda County Recbrds, South 01 ° 13'35" West 3.06 feet to a point on the arc of a non-tangent curve, concave southerly, having a radius of 942.00 feet, from which the radial center bears North 10029, 17" West; THENCE easterly along said curve having a radius of 942.00 feet through a central angle of 11°17'20'', an arc distance of 185.60 feet to the line common to said Lands of Dolan (2598 O.R. 538) 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; Exhibit "C" Page 1 of 3 2737 North Main Street. Suite 200 · Walnut Creek, CA 9z1596-2714 · (925) 940-2200 · FAX (925) 940-2299 December 1, t999 BKF Project Number 980289-10-02 3' Temporary. Construction Easement (Across the Lands of Dolan) THENCE northerly along said common line North 01 °13'35" East 3:0.0, feet to the POINT OF BEGINNING. Containing an area of 557 square feet, more or less. A plat showing the above described easement is attached hereto and made a part he[eof as Exl-fibit "B". This description has been prepared for BRIAN KANGAS FOULK. By: Paul Kittredge, P.L.SLNo. 5790 License Expires: 06/30/00 Dated:. k:ksu~98'O80289.10\descriptions\tce-dolan.doc Exhibit "C" Page 2 of 3 TRACT 590O 2O9 MAPS 84 GRAPHIC SCALE ( IN FEET ) 1 inch = 40 feet BO R=%055- 00' DUBLIN BOULEVARD / /COMMENCEMENT (PUBLIC RIGHT OF WAY)(wiDTH VARIES) 110' o L~ [s 88 46'45" E] S 88°46'25" E 924.98' R/W AC~2UISJTION 91 -31 3723 RIGHT OF WAY ACQUISITION 7,046 S..F.± 00~ L=~85.59' o ~,5' 09' R---945 · _.... ....... ~ ~ --.=.- ~ .... ~' L=185.60' ~ 3 ~DE TEMPORARY CONSTRUCTION EASEMEN~ ' 557 S.F.~ LANDS OF' DOLAN REEL 4549 IMAGE 171 LANDS OF DOLAN REEL 2599 iMAGE 53S [ ] DENOTES RECORD DATA PER 91-513725 O.R. Englnesr~ * Surveyc~r~ - Planner~ 2737 North Main Street Suite 200 Walnut Creek. CA 94596 925/940-2200 925/940-2299 (FAX) 110' " -'~ ~____ NO1 ~13.35..E POINT OF N BEGINNING oo°'~8'o8'' E (R) /' 3.00' LANDS OF THE GEARING FAMILY TRUST 90-075835 O.R. Exhibit C Subject PLAT TO ACCOMPANY EASEMENT DESCRIPTION Job No. 980289-10-02 By MLM Dote 12/01/99 Chkd. PAK SHEET 3 OF 3 t_ c~z ~ ! i ! © ;> ..-'X 'Mz", ',, 2..,\%~x,, "- Dublin Boulevard Widening - CI"P 96890 / ., . ,