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Resolution 2001-57 RESOLUTION NO. 2001-57 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 810-39-002, LOCATED AT THE SOUTHWEST CORNER OF MILLER AVENUE AND SANTA TERESA BOULEVARD AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS WHEREAS, the Gilroy Water Reservoir B-2 Project to be located at the southwest comer of Miller Avenue and Santa Teresa Boulevard (the "Project") is being undertaken for the purpose of constructing a five (5) million gallon above-ground concrete water reservoir and connecting water piping next to the existing reservoir at Santa Teresa Boulevard, which will increase the City's existing water reservoir capacity 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, identified as APN 810-39-002 (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 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 \JH\526756.1 01-082604706070 -1- ResQlutioD No. 2001-57 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 of the 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) 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 Gijroy; (c) Section 40404 ofthe Government code of the State of California; and (d) Sections 1240.050, 1240.110 et seQ. of the Code of Civil Procedure of the State of California. Section 2. The public interest and necessity require the Proj ect for the purpose of constructing a five (5) million gallon above-ground concrete water reservoir and connecting water piping next to the existing reservoir at Santa Teresa Boulevard, which will increase the City's existing water reservoir capacity 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 August 28, 2001, 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 August 28, 2001, attached hereto as Exhibit "c" and incorporated by this reference. UH\526756.1 01.082604706070 -2- Resolution No. 2001-57 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 August 28, 2001, attached hereto as Exhibit "c" and incorporated by this reference, Section 5. 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 August 28, 2001, attached hereto as Exhibit "c" and incorporated by this reference. Section 6. The City has made every reasonable effort to acquire the Interest by negotiation as required by California Government Code Section 7267.2. Section 7. The City is hereby authorized and empowered to acquire by condenmation good and sufficient title to the Interest, all of which is located within the City of Gilroy. Section 8. 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 4th day of September, 2001, by the following vote: AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO AND SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: ~~ D Thomas W. Springer, Ma 0 .- ------- ~. /~ .. ../PuKA. Q.~-L-~ Rhonda Pellin, City Clerk \JHI526756.1 01.Q82604706070 -3- ResQlutiQD No. 2001-57 U8/l:8/U1 'JUt; 18: UD 1""AA ~fiKL!~~K & LU~~ E2dullit "A'" Legal Description. of City Zone 1 Water Tank Site Eagle Ridge All of that certain real property situate in the City of Gilroy, County of Santa. Clara, State of California, being described as follows: A portion of Lot 39 as shown on that certain Final Map entitled ~Tract 9302 Eagle Ridge Phase IV: as tiled in Book 740 of Ma.ps, at Pages 21 thru 28, Santa Clara County Records, being more particularly described as follows: SEGJ\Vll1lllG at a point on the southwesterly right of way line of Miller Avenue, said point also being the northerly terminus of the line labeled "NORTH 33"11'34" WEST 340.18 feet" on said map, said point also being the point at which. the northerly line of said Lot 39 departs from said southwesterly right of way line; thence along said southwesterly right oiwayline SOUTH 33"11'34" EAST 41.50 feet: thence leaving said right of way line SOUTH 52"00'00" WEST 225.08 feet; thence NORTH 38"00'00" WEST 254.02 feet; thence NORTH 90"00'00" WEST 11.00 feet; thence NORTH 00'00'00" EAST 28,00 feet to a point on the northerly line of said Lot 39; thence along said northerly line NORTH 90"00'00" EAST 254.68 feet; thence SOUTH 50' 50'00" EAST 86.88 feet to the POINT OF BEG1IIldNG. Containing 1.03 Acres, more or less. Basis of Bearings: The bearing (N82"4T59"E) of the Centerline of Miller Avenue as shown on that certain map of Tract 8962, which was filed (or record in Book 696 of Maps at Pages 22 thru 45, Official Records of Santa Clara County, California, was used as the basis of all bearings in this description. This legal description of real property Was prepued by me pursuant to the requirements of the Professional Land Surveyors Act. ?J,j;, Date: EXHIBIT A' 19Iuua Ull/il:&/U~ 'lUh .15;U,:) l"-AA EXJSTJNG T ANI<. SITE \ \ ~ N90YJO'OO. 254.68' ~-- \ \ ~ "t. ,""a ~~ '\"'''' ,'1'0 "'- \ ~ M ~ i ~ . ~ : D.r.,KL1.l'lhl< at \..u~ ~ \, \, .... ~ ~ \, \, .... .... , .... ~ y --~ ~ -t. -p ~. "9' . '-b* . L ~, ~ ~~ c::.. '~. -z,.'{'"\ POINr OF' . 'C.. BeGINNING . r~. ~ ..... "'0 r, . ':S:. u> "0 -.. , $. , \ 1.03:1: ACRES / / ,.0'6/ '1-0/ ""'/ cioO/ -0 Y \, / / LOT 39, TRACT 9302 ''/ (740-M-21) ~ 50' 100' 150' r::- , .-J SCALE IN FEET: 1 "= 50' PLAT TO ACCOMPANY LEGAL DESCRIPTION CITY ZONE 1 WATER TANK SITE EAGLE RIDGE CITY OF CILROY. 5A1'ITA cu,RA. collNn, CAUFoRNtA ~ Ii ~ , . ~ . . . earm ab e N . eorin Disf nee. U N90UO'O W 11.00 L2 NO -00'00. 28.00' DAT~: 06-17-01 JOF.! NO.: . 0120CB~O , " EXHIBIT W If9UUO TO: JAY BJ\KSA, CITY ADMINISTRATO MEMORANDUM FROM: RICK SMELSER, CITY ENGINEER DATE: August 28, 2001 RE: STAFF REPORT - RESOLUTION OF NECESSITY DIRECTING ACQUISITION OF PROPERTY BY EMINENT DOMAIN (1.03 ACRES OF APN 810-39-002) RECOMMENDED ACTION It is recommended that the City Council adopt a Resolution of Necessity making the findings and determinations herein described, each of which is supported by substantial evidence as is set forth more fully below, and direct the City Attorney to commence an ' action in eminent domain to acquire the subject property, BACKGROUND The proposed property acquisition includes 1.03 acres of real property that exists adjacent to the existing City reservoir at Santa Teresa Boulevard and Miller Avenue, Gilroy, California. The 1.03 acre parcel is indicated on the site plan attached hereto as Exhibit "A" and is more particularly described in the legal description attached hereto as Exhibit "8". Exhibits <<N' and "B" are attached hereto and are incorporated herein by this reference, Before eminent domain proceedings may commence, the City Council must determine by a Resolution of Necessity that the public interest and necessity require the acquisition of the property. The Resolution of Necessity must contain declarations that the City Council has found and determined each of the following: I) The public interest and necessity require the project; 2) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3) The property described in the resolution is necessary for the proposed project; and 4) That either the offer required by Section 7267,2 ofthe 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. EXHIBIT C As is set forth below, each of these findings and determinations should be made, Memorandum August 28, 2001 Page two I) THE PUBLIC INTEREST AND NECESSITY REQUIRE THE PROJECf The public interest and necessity require the project. The construction of a five (5) million gallon concrete water reservoir and connecting water piping next to the existing reservoir at Santa Teresa Boulevard will increase the City's above-ground water storage capacity and will serve the existing water needs of the residents of the City. Adequate above-ground water storage capacity is in the public interest because it is essential to the public health, safely and welfare. Currently, the City is using more wells and pumping lODger to overcome inadequate water storage in Zone 1. To increase the City's above- ground water storage capacity and thus permit the City to continue to provide adequate water service for domestic and fire flows to its residents, additional property is necessary- 2) THE PROPOSED PROJECT IS PLANNED OR LOCATED IN THE MANNER THAT WILL BE MOST COMPATIBLE WITH THE GREATEST PUBLIC GOOD AND THE LEAST PRIVATE INJURY The project is planned or located in the manner that is most compatible with the greatest public good and the least private injury. The City of Gilroy's water system is divided into three pressure zones, each of which is connected to a specific designated water storage tanks, Zone 1 is the City's largest pressure zone and is comprised of most of the lower elevation lands located generally east of Santa Teresa Boulevard, Zones 2 and 3 serve the residential development areas located at higher elevations generally west of Santa Teresa Boulevard, Zone 1 serves the majority of urban zoned lands within the City and has experienced a majority of the growth in the past few years, The population within the Zone 1 area has greatly increased due to this recent growth, Construction of Zone 1 water storage capacity has lagged behind development and additional water storage capacity is needed in order to meet existing development needs, In 1993, the City of Gilroy developed a Water Master Plan, which predicted the need for 9,0 million gallons of additional water storage capacity in all three of the pressure zones by the year 2002, of which 6,5 million gallons (additional) would be needed for Zone 1, To be compatible with the greatest public good and the least private injury, 1) The new tank was located adjacent to one of the existing City tank sites for Zone 1; 2) The tank design was improved to reduce the amount of acquisition from about two acres to about one acre and; 3) The tank has been incorporated into the hillside to reduce its profile and lessen any visual impacts to surrounding property. 3) THE PROPERTY DESCRIBED IN THE RESOLUTION IS NECESSARY FOR THE PROPOSED PROJECT Memorandum August 28, 2001 Page three The purpose of the water tank is to stabilize water pressure, to minimize pumping, and to supply water to the City during power outages and catastrophic events. In order to function, the new tanks have to be constructed at precisely the same elevation and height as the two existing Zone 1 tanks. h is also necessary to have suitable direct connection to the water system, This property was chosen because it was next to one of the existing tanks and would provide a site where a tank can be built to match precisely the elevations of the existing Zone I tanks and utilize the existing water system in this area which is already installed for proper operation of the water system. 4) THE OFFER REQUIRED TO SECTION 7267.2 OF THE GOVERNMENT CODE HAS BEEN MADE TO THE OWNER OR OWNERS OF RECORD The offer required by Section 7267,2 of the Government Code has been made to the owner or owners of record. On or about July 18, 2001, a written offer to acquire the property was made to the owner of record for the full amount believed to be just compensation therefore, The owner was further provided with a written statement of, and summary of the basis for, the amount it established as just compensation. This offer was also sent by certified mail to the owner on August 17,2001. SCAlE: ;. -- 50' OAr<:: C8-17-0~ .;C;;l ,,0.: -C:20CBPO ~ "" \ \ , , C(JSTING TANK SITE ..... "" ............... ..... ..... , ..... , , "" --~ -olO.=". oo~=". ~ 6'.,. .~- POINT OF 8~GlNNING ..,- ~ ~ ~ :i'L ~ "'C:. ~\ -z.. :Co. .;. > .... ~ ...;.. ~ ~, c::;;;:. ~ NSOTJO'OO'E 254,68" ~-- , , "to. "t1'. "b. ~.; '\""..... <0 "'. "\ 1.03:/: A CRFS "\ / '\/'/ / / ~~ .~/ .00 00/ jY LOT 39, TRACT 9302 (740-M-21 j "" o I 100' lSD' ....J earm ar;JJc N. "",,"'" I 0,.1 l1c" U N90rJO' a'w iI.ao' L2 NOOW"OO - S.OO' SCALE IN FEET: 1 n= 50' PLAT TO . ACCOMPANY LEGAL DESCRIPTION CITY ZONE 1 WATER TANK SITE EAGLE RIDGE ClTY 01' CILIlOY, SAN'I'A CLAM COUNTY. C.\UFOIlNlA D \Jggeri - l'Jensen - ~Zlf-.~~~~b ...w~~ IGO ... "ILPITAS -.v:a.. SII ._. N1I.PlTAS. b $IC.:~ PHc:IC: (IIIGIJ 1,1&-1". N1= (...l "'_t~BB EXHIBIT A " TO 5'mFF REPORt' DM'ED AUGJST 28,2001 Legal Description of City Zone 1 Water Tank Site Eagle Ridge All of that certain real property situate in the City of Gilroy, County of Santa. Clara. State of California, being described as follows: A portion of Lot 39 a5 shown on that certain Final Map entitled "Tract 9302 Eagle Ridge Phase 'N," as filed in Book 740 of Maps, at Pages 21 thru 28, Santa Clara. County Records, being more particularly described as follows: BEGIlDIllVG at a point on the southwesterly right afway liDe of Miller Avenue, said point also being the northerly te=i.nus of the line labeled ~NOR'I'H 33.11'34' WEST 340.18 feet" on said map, said point also being the point at which, the northerly line of said Lot 39 departs from said southwesterly rig.l].t of way line; thence along said southwe$terly right of way line SOUTH 33'11'34" EAST 41.50 feet; thence leaving said right of way line SOUTH 52'00'00' WEST 22,5.08 feet; thence NORTH 38'00'00" WEST 254.02 feet; thence NORTH 90.00'00" WEST 11,00 feet; thence NORTH 00'00'00" EAST 28.00 feet to a point on the northedy line of said Lot 39; thence along said northerly line NORTH 90'00'00' EAST 254.68 feet; thence SOUTH 500S0'00' EAST 86.'88 feet to the PoI!fT<n' BEGDOmIG. Containing 1.03 Acres, more or less. Basis of Bearings: The bearing (N82047'59"E) of the Centerline of Miller Avenue as shown on that certain map of Tract 8962. which was f1led fer rec:ord in Beok 696 of Maps a.t Pages 22 thru 45, Official Records of Santa Clara. County, California. was used as the basi5 of all bearings in this descriptien_ This legal description of real property was prepared by me pursuant to the requirements of the Professional Land Surveyors Aet_ fJ7~! EXHIBIT B w ~ REPORr mMHdJGl5T 28, 2001 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached Resolution No. 2001-57 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 4th day of September, 2001, 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 7th day of September, 2001. ~2 ' . .Ufi.! ~~' City Clerk of the City of Gilroy (Seal)