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Resolution 1999-12 . . ~ RESOLUTION NO. 99-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A FEE INTEREST IN A PORTION OF THE REAL PROPERTY IDENTIFffiD BY APN 783-20-033, KNOWN AS THE LANDS OF CHARVEZ AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS WHEREAS, the Sunrise Drive/Santa Teresa Boulevard Improvement Project (the "Project") is being undertaken for the purpose of making Sunrise Drive a public street and improving its intersection with Santa Teresa Boulevard and otherwise furthering the public health, safety and welfare; and, WHEREAS, in order to accomplish the goals of the Project, construction activities must necessarily take place upon certain real property located in the City of Gilroy, County of Santa Clara, State of Cali fomi a and identified as a portion of APN 783-20-033 (the "Property"); and WHEREAS, such Project will require the City to secure a fee interest in that portion of the Property described in Exhibit "A" attached hereto and incorporated herein by this reference (referred to as the "Interest"), such Interest being depicted on the map attached hereto as Exhibit "B" and incorporated herein by this reference; and WHEREAS, the City had the Interest appraised and made a written offer to purchase the Interest based on the appraisal amounts to the record owner(s) of the Property pursuant to Government Code Section 7267.2; and WHEREAS, the City has been unsuccessful in its attempts to negotiate the acquisition of the Interest; and WH\436002.01 91-Q219W H\436020.0 1 04 706Q43 91-020904706043 -1- -1- Resolution No. 99-12 Resolution No. 99-12 . . WHEREAS, the City of Gilroy is vested with the power of eminent domain to acquire real property by virtue of Article I, Section 19, of the Constitution of the State of California, Article II, Section 200 of the Charter of the City of Gilroy, Section 40404 of the Government Code of the State of California, Sections 1240.050,1240.110 and 1240.120 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 Santa Clara County equalized assessment roll, all of whom have been given a reasonable opportunity to appear and be heard before the City Council of the City of Gilroy on the following matters as required by Section 1245.230 of the Code of Civil Procedure ofthe State of California: (a) Whether the public interest and necessity require the Project; (b) Whether said 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 said Project; and (d) Whether the offer required by Government Code Section 7267.2 has been made to the owner( s) of record. NOW, THEREFORE, BE IT RESOLVED THAT: Section 1. The Interest as described hereinabove is being taken for municipal purposes pursuant to the authority of the City of Gilroy under: (a) Article I, Section 19 of the California Constitution; (b) Article II, Section 200 ofthe Charter of the City of Gilroy; (c) Section 40404 of the Government code of the State of California; and (d) Sections 1240.050, 1240.110 l:t ~ of the Code of Civil Procedure of the State of California. WH\436002.01 91-Q219W H\436020.0 1 04 706Q43 91-020904706043 -L- -2- Resolution No. 99-12 . . Section 2. The Interest as described hereinabove is being taken for municipal purposes pursuant to the authority ofthe City of Gilroy under: (a) Article I, Section 19 ofthe California Constitution; (b) Article II, Section 200 ofthe Charter of the City of Gilroy; (c) Section 40404 of the Government code of the State of California; and (d) Sections 1240.050, 1240.110 ~~ of the Code of Civil Procedure of the State of California. Section 3. The public interest and necessity require the Project for the purpose of making Sunrise Drive a public street and improving its intersection with Santa Teresa Boulevard and otherwise furthering the public health, safety and welfare. The facts which support this fmding are further set forth in the record, including but not limited to, the Staff Report dated February 10, 1999, attached hereto as Exhibit "C" and incorporated by this reference. Section 4. The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury, taking only such property as is absolutely necessary to construct the improvements in order to accomplish the goals of the Proj ect. The facts which support this fmding are further set forth in the record, including but not limited to, the Staff Report dated February 10, 1999, attached hereto as Exhibit "C" and incorporated by this reference. Section.5.. The property sought to be acquired is necessary for said Project and will require the City to secure a fee interest in that portion of Property described in Exhibit "A." The facts which support this finding are further set forth in the record, including but not limited to, the Staff Report dated February 10, 1999, attached hereto as Exhibit "c" and incorporated by this reference. Section 6. Pursuant to California Government Code Section 7267.2, the City has appraised the Interest, and has made a written offer to the owner(s) of record to acquire said Interest based on the appraised value for the Interest. The facts which support this resolution are further set forth in the record, including but not limited to, the Staff Report dated February 10, 1999, attached hereto as Exhibit "e" and incorporated by this reference. Section 7. The City has made every reasonable effort to acquire the Interest by negotiation as required by California Government Code Section 7267.2. Section.8.. The City is hereby authorized and empowered to acquire by condemnation good and sufficient title to the Interest, all of which is located within the City of Gilroy. WH\436002.01 91.()219W H\436020.0 1 04 7060.43 91-020904706043 -J- -3- Resolution No. 99-12 . . Section.2. The City Attorney is hereby directed to take all steps necessary to initiate an action in eminent domain and to obtain immediate possession ofthe Interest. PASSED AND ADOPTED this 16th day of February, 1999, by the following vote: AYES: COUNCILMEMBERS: Gifford, Morales, Rowlison, Springer, Sudol, Gilroy NOES: COUNCILMEMBERS: Arellano ABSENT: COUNCILMEMBERS: None APPROVED: ATTEST ~UfA ~1Z~_L^' Rhonda Pellin, City Clerk \JH\436002.01 91'{)219\J H\436020 .01 047069.43 91-020904706043 -'"t- -4- ....-.... '.~~..' ~..~~- --.......-,-..- , Ie (7. 15302-1X 12/8/97 Rev. 5/8/98 SD DESCRIPTION Lands of Charvez to be Conveyed to the City of Gilroy for Street R/W A.ll that certain real property situate in the City of Gilroy, County of Santa Clara, State of California, being a strip of land of a uniform width of 37.00 feet, the Easterly line of which is described as follows: BEGINNIN"G at the Northerly corner of that certain parcel of land conveyed to Raymond Charvez and Beatrice Charvez, his wife, as joint tenants, by Grant Deed filed for record in Book 1439 of Official Records at page 330, Santa Clara County Records; thence from said POINT OF BEGINNIN"G along the Easterly line of said parcel conveyed to Charvez S44055'54"W 11.00 feet to the Northeasterly corner of thatcertain parcel of land conveyed to Paul G. Sigala and Irene R Sigala, husband and wife, as joint tenants, by deed recorded May 21,1996 in Book P339 of Official Records at page 1891, Santa Clara County Records, and being the terminal point of the Easterly line herein being described. Said parcel is bounded on the North by the Northerly line of said parcel conveyed to Charvez and on the South by the Northerly line of said parcel conveyed to Sigala. Prepared by the firm of MAcKAY & SOMPS San Jose, California EXHIBIT A ATT ,tc.HN.vf 'A" . ..... '.~."" ,- ~ .-" .' ( . (r. SUNRISE DRIVE LANDS OF YANG LANDS OF CHARVEZ LANDS OF SIGALA z o 6 is "' o ~ o C'i 0: ;... .., .... " I f~ .....~........_.._-.;....,.'9...iw-..;>;....._ j T PLAT TO ACCOMPANY DESCRIPTION GILROY CALIFORNIA EXHIBIT B mAcKAy&SOmps CMt. EHCINEERINC-lAND Pt..ANNINC.v.ND suRVE'r1NC "'" JOSE. CA. g" 25 (4081 g85-0050 SCALE: 1"-40' OATE: 12-11-97 JOB NO. 15302-1 ."' .,. on ;., on .... o z I" .,. ~ I :,. o z 20: f I ~ f i gJ I i @ I I ~ f I ~ f 37.12' NB9""4S'15'\V N89'4S"5"W 37.12' f i 20' / 20' I LANDS OF CHARVEZ TO BE CONVEYED TO THE CITY OF GILROY . . CITY OF GILROY COMMUNITY DEVELOPMENT ENGINEERING DMSION MEMORANDUM FROM: Rick Smelser, City Engine TO: DATE: . February 10, 1999 RE: Arcadia/Sunrise Drive Resolution of Necessity Findings and Acceptance of Irrevocable Offer of Dedication For the above referenced project there are four required findings for the Resolution of Necessity as spelIed out in the Code of Civil Procedure Section 1245.230(c). These required findings and how this project meets them are listed below: Finding No.1) The public interest and necessity require the proposed project. Attached is the Council Approved Tentative Map Conditions for Tentative Map Nos. 95- 02 and 95-03. Tentative Map No. 95-02 Condition No. 25 and Tentative Map No. 95-03 Condition of Approval No. 23 read: The developer shall construct Sunrise Drive from Rancho Hills Drive to Santa Teresa Boulevard as part of the Final Map that includes the I 50th lot in the northwesterly portions ofTM 95-02 and 95-03. This construction shall consist of sufficient temporary and permanent improvements to render Sunrise Drive and its interseCtion with SantaT~resa Boulevard safe and efficient. Such improvements may include, but are not limited to, underground utilities, parking lanes, curb and gutter, southbound right turn lane, northbound left turn pocket and safety lighting as required by the Engineering Division of the CommunityDevelopment Department. Temporary improvements are not reimbursable by the Traffic Impact Fnnd. Permanent improvements included in the Traffic Impact Fund will be reimbursable. These conditions are based on the forecasts as outlined in the TJKM traffic report for the project dated August, 1995. According to these traffic forecasts, after 197 units of the project are occupied, Longmeadow Drive will exceed its allowed cumulative traffic volume capacity. Since the Tract Map for this project exceeded 197 units, the public interest and necessity required that the planned extension of Sunrise Drive between the project and Santa Teresa Boulevard be fulIy constructed with the proposed project consistent with the City General Plan. EXHIBIT C . . City Administrator February 10, 1999 Page 2 The Council Action on Tentative Map Nos. 95-02 and 95-03 satisfies finding number 1. Finding No.2) The proposed project is planned or located in the manner that will be mo~t compatible with the greatest public good and the least private. .' ~~ .. For the properties located on Sunrise Drive, the location of the public right-of-way satisfies condition No. (2) fOT the following reasons: a) Locating Sunrise Drive over the existing private street eliminates potential conflict which wquld occur if the existing private street were allowed to remain located parallel and immediately adjacent to the new public street. Access points to both the new Sunrise Drive and Santa Teresa Boulevard from a private street would cause points of safety conflict if the private street remained. By overlaying the new Sunrise Drive over the existing private street, the additional access points of conflict and the additional intersection point of coi1flict with Santa Teresa is eliminated. b) The planned development of the lands bordering Sunrise Drive to the south requires local public streets to intersect with Sunrise Drive. This provides for orderly development to the highest and best use as defined in the current General Plan. The elimination of the private street allows this to happen. c) The area the City is requiring for public street purposes is already being used for private road purposes. For the properties located on Santa Teresa Expressway the location of the proposed right- 'of-way satisfies condition No. (2) for the following 'reasons: a) . The area being acquired along the westerly right-of-way of Santa Teresa Boulevard is required to minimize the disruption of traffic flow and enhance the safety of the new intersection created by the Sunrise Drive connection with Santa Teresa Boulevard, a designated expressway. Since Santa Teresa Boulevard is a designated expressway, special consideration must be given to traffic entering or leaving the expressway. . . City Administrator February 10,1999 Page 3 When undue deceleration or acceleration by entering or leaving traffic takes place directly on the traveled way, it disrupts the flow of traffic and degrades safety. To preclude or minimize these undesirable aspects of operation at intersections, speed change lanes.(acceleration and deceleration lanes) are standard practice on roadways having expressway characteristics. Within the next few years the volume in Santa Teresa near Sunrise is eXpected to increase significantly. If this occurs without the acceleration lane, traffic will be disrupted and safety will be degraded. b) If Santa Teresa Boulevard were to be moved to the east to avoid acquiring right- of-way on the west, the Traffic Impact Fee reimbursable costs would increase by at least $110,000. The Traffic Impact Fee reimbursable estimated cost for doing the required work in Santa Teresa with the proposed property acquisition is $139,174. The estimated Traffic Impact Fee reimbursable estimated cost associated with Santa Teresa Boulevard moving to the east is $250,000. . c) Access to the Sigala property does not change due to the location of the proposed acceleration lane. , d) The Noise Assessment Study, dated November 30, 1998, done by Edward L. Pack Associates, Inc., states that the noise exposure to the properties on Santa Teresa Boulevard will experience an insignificant increase of 0.5 dB upon completion of this project in its proposed configuration. This increase includes the affect of the acceleration lane. . Finding No.3) The propertY described in the resolution is necessary for the proposed project. The reasons given above show the necessity of the Sunrise Drive Acquisition. The acquisition of the land along Santa Teresa boulevard is to provide the required acceleration lane length to meet minimum County standards. This"is a safety issue (please note #2a above). . City Administrator February 10, 1999 Page 4 . That either the offer required by Section 7267.2 of the Government Code has been made to the owner or ownen of record, or the offer, has not been made because the owner cannot be located with reasonable diligence. Finding No.4) Written offers have been made to the owners of record of each, of the properties. Withthe ' exception of the Crum property the owners have been contacte'd by the right-of-way agent, and unsuccessful negotiations have ensued. . The owners of the Crum property could not be located in spite of an extensive search undertaken by the right-of-way agent. As to that property, a number of heirs of the deceased record 'owners have been located, none of whom are actually claiming ownership interest in the property, and an attempt is being made to obtain Quit Claim Deeds for a nominal payment from each of these heirs. Because the record oWners could not be located, the eminent domain action will be necessary to clear title. , Lanon Property Irrevocable Offer of Dedication In addition, negotiations with the owners of the Larson property for land with a pre-existing irrevocable offer of dedication have not been successful. Therefore, Staff recommends that Council accept the irrevocable offer of dedication on this property. \\CITYHALLWOLUME_l\USERS\MARIL YNG\MEMOS\MARK\sunrise.DOC . . . . I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No 99-12 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 16th day of February, 1999, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 5th day of March, 1999. ~ J2U/h City Clerk of the City of Gilroy (Seal)