Resolution 1999-13
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Resolution No. 99-13
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RESOLUTION NO. 99-13
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
IDENTIFIED BY APN 783-20-010 KNOWN AS THE LANDS
OF YANG 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 California and identified as a portion of APN 783-20-010 (the "Property"); and
WHEREAS, such Project will require the City to secure a fee interest in that portion of
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
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WHEREAS, the City of Gilroy is vested with the power of eminent domain to acquire
real property by virtue of Article 1, 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
Connty equalized assessment roll, all of whom have been given a reasonable opportnnity to
appear and be heard before the City Council of the City of Gilroy on the following matters:
(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 lest 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) ofrecord.
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 of the 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 ~ ~ ofthe Code of Civil Procedure of the State of
California.
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Resolution No. 99-13
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Resolution No. 99-13
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Section 2. 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 of the Charter ofthe City of Gilroy;
(c) Section 40404 of the Government code ofthe State of California; and
(d) Sections 1240.050, 1240.110!:t ~ 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 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 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
Project. 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,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.
Section 1. 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.
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Resolution No. 99-13
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Section 9. The City Attorney is hereby directed to take all steps necessary to initiate
an action in eminent domain and to obtain immediate possession of the 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
ATTEST
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Rhonda Pellin, City Clerk
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8:44 No.OQ3 P.03
15302-1
9/3/97
Rev. 5/8/98
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"EXHIBIT A H
DESCRIPTION
Lands of Yang to be
Conveyed to the City of Gilroy
All that certain real properly situate in the City of Gilroy, County of Santa Clara, State of
California, described as follows:
BEG~ING at the most Northeasterly corner of that certain parcel of land conveyed to
DI Peng Yang, a single man, by Trustee's deed recorded May 30,1990 in Book 1.370 of
Official Records at pages 288 through 290, Santa Clara County Records; said point lying
On the centerline of Morey Avenue (40.00 feet wide); thence from said POINT OF
BEGINNING along IKlid centerline S04055'S4"W 329.90 feet to a Southweliterly corner of
said parcel conveyed 10 Yang; thence leaving said centerline along a Southerly line of
last said parcel N89045'15"W 37.12 feet; thence leaving said Southerly line along a line
parallel with and distant 37.00 feet Westerly of said centerline of Morey Avenue
N04055'S4"E 231.67 feet; thence leaving said parallel line along a tangent curve to the
left with a radius of 10.00 feet through a central angle of 47"20'35" for an arc length of
8.26 feet; thence N42OZ4'41"W 55.86 feet; and along a tangent curve to the left with a
radius of 10.00 feet through a central angle of 47"20'34" for an arc length of 8.26 feet to a
point in a line parallel with and distant 46.00 feet Southerly of the Northerly line of said
parcel conveyed to Yang; thence along last said paral1elline N89045'15"W 411.70 feet to
a point in the Westerly line of last said parcel; thence leaving said parallel line along
said Westerly line N04055'54"E 46.16 feet to the Northwesterly comer of said parcel
conveyed to Yang; thence leaving said Westerly line along silid Northerly line
S89045'15"E 500.90 feet to the POINT OF BEGINNING.
Prepared by the firm of
MAcKAY & SOMPS
San Jose, Cillifornia
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SUNRISE
DRIVE
LANDS Of YANG
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PLAT TO ACCOMPANY DESCRIPTION
LANDS OF YANG TO BE CONVEYED TO
THE CITY OF GILROY
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CITY OF GILROY
COMMUNITY DEVELOPMENT
ENGINEERING DIVISION
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 spelled 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 150tb 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 SantaTeresa 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 Fund. Pennanent 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 forthis 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 fully constructed with the proposed project
consistent with the City General Plan.
EXHIBIT C
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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.
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injury.
For the properties located on Sunrise Drive, the location of the public right-of-way
satisfies condition No. (2) for the following reasons:
a) Locating Sunrise Drive over the existing private street eliminates potential
conflict which would 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 conflict with Santa Teresa is
eliminated.
b) The planned development of the lands bordermg 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.
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city Administrator
. February 10,1999
Page 3
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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).
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City Administrator
February 10, 1999
Page 4
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Finding No.4)
That either the otTer required by Section 7267.2 of the Government
elide has been made to the owner or owners of record, or the otTer
has not been made because the owner cannot be located with
reasonable diligence.
Written offers have been made to the owners of record of each of the properties. With the .
exceptionoftheCrum 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.
. Larson Prliperty 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.
IICITYHALLWOLUME_IIUSERSIMARIL YNGIMEMOSlMARKlsunrise.DOC .
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 99-13 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.
~AA~
City Clerk of the City of Gilroy
(Seal)