Resolution 1999-15
UH\436020,01
82-020904706043
Crum
-1-
Resolution No. 99-15
.
.
RESOLUTION NO. 99-15
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
KNOWN AS THE LANDS OF CRUM 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 that portion of the real property described m
Exhibit "An attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, such Project will require the City to secure a fee interest in that portion of
Property described in Exhibit "A" (also 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 record owner(s) have not been noticed for the purposes of adopting a
resolution of necessity because their names and addresses did not appear on the last Santa Clara
County equalized assessment roll because the Property is not a legally recognized parcel; and
WHEREAS, the City had the Interest appraised but has not been able to make a written
offer to purchase the Interest pursuant to Governrnent Code Section 7267.2 because the record
owner(s) cannot be located; and
.
.
WHEREAS, the City has been unsuccessful in its attempts to negotiate the acquisition of
the Interest; and
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 Governrnent
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, all persons 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 ofthe 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 Governrnent Code Section 7267.2 has been made to
the owner(s) of record.
NOW, THEREFORE, BE IT RESOLVED THAT:
Section I. 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 Governrnent code ofthe State of California; and
(d) Sections 1240.050, 1240.110 ~ ~ of the Code of Civil Procedure of the State of
California.
Section 2. 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
\JH\436020.01
82-020904706043
Crum
-2-
Resolution No. 99-15
.
.
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 3. 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 4. 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.5.. The City has made every reasonable effort to locate the record oWTIer(s) to
make the offer required by Government Code Section 7267.2 but has not been successful because
the record owner( s) cannot be located. 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.. The City has made every reasonable effort to locate the record owner( s) to
acquire the Interest by negotiation as required by California Govemment Code Section 7267.2.
Section 7. 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.
Section 1:\. 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.
UH\436020,01
82-020904706043
Crum
-3-
Resolution No. 99-15
.
.
PASSED AND ADOPTED this 16th day of February, 1999, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ATTEST
~lW-Y2J~
Rhonda Pellin, City Clerk
\JH\436020.01
82-020904706043
CrUll
Gifford, Morales, Rowlison, Springer,
Sudol, Gilroy
Arellano
None
Mike Gilroy, Mayor
-4-
Resolution No. 99-15
.OM.:
.
I
j
Matteoni Saxe & O'Laein
-
. Feb.
....,
FAX NO.
400 573 1350
10 1999 10:33AM P2'
15302-1X
5/7/98
SO
DIlSCRJPTION
Lands of Crum, et al,
to be Conveyed to the
City of Gilroy for Street R/W
All that certain real property situate in the City of Gilroy, County of Santa Clara, State of
California, being a portion of that certain parcel of land conveyed to Elton M. Crum, by
Grant Deed recorded in Book 1583 of Offidal Records at page 508, Santa Clara County
Records, and being a strip of land of a uniform width of 50.00 feet, the Northerly line of
which is described as follows:
BEGINNING at the Northwesterly comer of said parcel conveyed to Crum, said point
also being the most Northwesterly comer of Lot C of the Perry Dowdy Subdivision, a
map of which was filed for record in Book I of Maps at page 143, Santa Clara County
Records; thence from said POINT OF BEGINNING along the common line of said Lot C
and Lot D of said Perry Dowdy Subdivision S89"50'OO"E 974.50 feet to the point of
intersection with the Northwesterly comer of that certain parcel of land described in
that certain "Judgement of Final Distribution on Waiver of Accounting" filed for record
in Book 1848 of Official Records at pages 663 through 666, Santa Clara County Records,
and being the terminal point of the Northerly line herein being described.
Said strip of land is bounded on the West by the Westerly line of above saId parcel
conveyed to Crum, and on the East by the Westerly line of said parcel described in
above said "Judgement of Final Distribution on Waiver of Accounting."
Prepared. by the firm of
MACKAy & SOMPS
San Jose, California
EXHIBIT A
SCALE:: t "_1 00'
1JA1t.~ l.r.Jo-U/-I5I~ I"U~ NU. i;;l.)IJL-1 1
"eN':
."
Matteoni Saxe & O'L~in
-
FAX NO.
408 573 1360
. Feb. 10 1999 10:34AM Pi'
...."
~
.____________________J:~~_~__~~~~-~~~~------------- I ~
__~E~<;S~~;;~~~X,~]~5~~;t~::)}:::;(~i~~~h?~~:~~~~;; ; '-h~ I
/ I ,l I' '.' I ' ~
.<1/ I : I ~~ I I oC5
I , I i:: J
I I I I!'B I _
I I I .. I ~
f , . 51i::i I
, . f ,I
I I , 1Il'l!i I
, J I ,
I I I lHi I
I LAta OF I 1AHDS Of I L\Nll8 of!l I
I DICK I DJl\lmlllDH I MWAaHJW. I
I m 10 08 : .,.........: 7BI-IJD-GI I
I , I I
f J' I
J f' I
f , I I
I ., I
--~------------~------------~-------------------------~------
-'"
PLAT TO ACCOMPANY DESCRIPTION
LANDS OF CRUM TO BE CONVEYED
TO THE CITY OF GILROY
GILROY
CALIFORNIA
IDAcKAyasom,s
CIVIL DtOLHGRING.LNIO IItJlHIIIINC-t,AND SURVE'nHO
SAX ."osE. CAr. 15126 ("DB) ~-09flO
SCALE: 1".100' I OATE' 00-07-98 IJoe NO. 15302 1
EXHIBIT B
.
.
CITY OF GILROY
COMMUNITY DEVELOPMENT
ENGINEERING DMSION
MEMORANDUM
TO:
Jay Baksa, City Administrator
FROM:
Rick Smelser, City Enginee
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 150th lot in the'
northwesterly portions of TM 95-02 and 95-03. This construction shall consist of
sufficient temporary and permanent improvements to render Sunrise Drive and its
intersection with Santa Teresa 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 CommunityDeve10pment
Department, Temporary improvements are not reimbursable by the Traffic
Impact Fund, 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 fully 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.
The proposed project is planned or located in the manner that will be
most compatible with the grcatest public good and the least private. .'
injury.
Finding No.2)
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 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 conflict 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
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 $13 9,174. 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 owners of record, or the offer
has not been made because the owner cannot be located with .
reasonable diligence.
Fimling No.4)
Written offers have been made to the owners of record of each. of the properties. With,the .
exceptionoftheCrum property the owners have been contactea 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 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.
\\CITYHALL\VOLUME_1\USERS\MARIL YNGIMEMOS\MARK\sunrise,DOC
.
.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached
Resolution No. 99-15 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,
,-l?fmhJ/~~
City Clerk of the City of Gilroy
(Seal)