Resolution 2003-70
RESOLUTION NO. 2003-70
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 THE REAL PROPERTY IDENTIFIED BY APN
808-21-018, LOCATED AT LUCHESSA AVENUE AND UVAS
CREEK AND DIRECTING THE FILING OF EMINENT
DOMAIN PROCEEDINGS
WHEREAS, the Gilroy Water Line Project to be located at Luchessa Avenue and Uvas
Creek (the "Project") is being undertaken for the purpose of constructing reliable water services
and secondary emergency access route for the Gilroy Sports Park and to further 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 808-21-018 (the "Property"); and
WHEREAS, such Project will require the City to secure a fee interest in the Property
depicted on the map attached hereto as Exhibit "A" and incorporated herein by this reference
(referred to as the "Interest"), such Interest being described in Exhibit "B" attached hereto 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 owners 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 IT, 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 ofthe 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
\JH\604814.1
01-101403-04706072
-1-
Resolution No. 2003-70
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 owners 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 ofthe City of Gilroy;
(c) Section 40404 of the Government code of the State of California; and
(d) Sections 1240.050, 1240.110 et seq. of the Code of Civil Procedure ofthe State of
California.
Section 2. The public interest and necessity require the Project for the purpose of
constructing reliable water services and secondary emergency access route for the Gilroy Sports
Park and to further 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 October 14,
2003, 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 October 14, 2003, 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 the Property described in Exhibit "R" The facts which
support this finding are further set forth in the record, including but not limited to, the Staff
UH\604814.1
01-101403-04706072
-2-
Resolution No. 2003-70
Report dated October 14, 2003, 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 written offers to the owners 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 October 14, 2003,
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 condemnation
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 20th day of October, 2003 by the following
AYES: COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and
SPRINGER
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
ATTEBI'd;...
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Rhonda Pellin, City Clerk
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Resolution No. 2003-70
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OCT-14-2003 17:12
BERLINER COHEN
4089382577
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order No: 873352
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DESCRIPTION
1.
All that certain Real Property in the county of santa Clara, state of California,
~e6c~ibed as follows:
All of Lot Numbered Five (5), as shown on ehat certain Map entitled, "Map ot
Massey Thomas' senior Subdivision of LOB Animas Ranch Lot No. 15", which Map was
filed for record in the Office of the Recorder of the county of santa Clara,
seate ot California on April 1.5. 1893 in Book "G~ of Maps. at page(s) 59.
Excepting the So~theasterly part thereof, heretofore conveyed to G. Barberi &
Sons, which said part so conveyed is described as follows, to wit:
Beginning at a buried 1/2" pipe at the Northeasterly corner of the above
mentioned Lot 5, at the intersection of t:he Westerly line of Monterey Road, wieh
the Southerly line ot the Thomas Lane, from which pipe, the burieQ granite
monument at: the intersection of the Westerly line of Monterey Road and t:he center
line of the Thomas Lane bears North 18 deg. 00' West 20.94 feet; thence from said
point of beginning Westerly along the southerly line of the Thomas Lane, North 89
deg. 02' West 1863.80 feet to a 1/2" pipe; thence at right. angles southerly South
o deg. 58' west 180 feet to a 1/2" pipe: thence at. right angle Westerly and
parallel with che Thomas Lane, North 89 des. 02' West 412.)4 feec. more or lesS,
to a point in t.he Carnadero Creek on the line bet.ween Lots 5 and 9, as shown on
the abovementioned Map (at 265 feet. on t.his co~rse and on the bank of the
Carnadero creek, is 1/2" pipe inside a 2" pipe): thence southerly along the
channel of carnadero Creek and along the line dividing Lot 5 from Lots 9 and 10,
South 52 des. 00' East 304.51 feet: more or less. and Sout.h 15 deg. 30' Bast
348_90 teet, more or less, to the common corner to Lots 5 and 6 in the East.erly
line of Lot 10 of the abovementioned Subdivision; thence East.erly along the line
bet~een Lots 5 and 6, South 89 des. 09' East 1093.62 teet, more or less, to a
buried 1/2 pipe (back 1049.40 teet on this course and on the bank of the
carnadero creek is the original 4" x 4" redwood witness post, said last mentioned
1/2" pipe being Sout.h 72 deg. 00' West 102.1.02 teet. from a 1/7." pipe at. the
Easterly common corner for said Lots 5 and 6; thence Easterly on the line between
Lot.s 5 and 6, North 72 des. 00' East 1021.02 feet to a b~ried 1/2" pipe in the
westerly line of the atorementioned Monterey Road, said pipe being al$O t.he
common corner between Lots 5 and 6; thence Northerly along t.he westerly line ot
the said Monterey Road, North 18 deg. 00' West, 384,78 feet eo the point of
beginning. surveyed and Monument.ed on February 19, 1941 at the request of Mr.
Leon Thomas, by W_J. Hanna, Gilroy, Registered Civil Engineer No. 3704.
EXcluding and excepting from the property above described all that portion
thereof, here~otore conveyed to the county of Santa Clara, for road~ay purposes-
Also excepting theretrom that portion thereof as conveyed to the santa Clara
valley Water Dis~rict., a public corporation by Deed recorded March 1., 1988 in
Book K458, page 1194. Official Records and being more particularly described as
follo~13:
Being a portion of the lands described'in the deed recorded in Book H5~6 of
official Records at Page 71.3 in the office of the Recorder, co~nty of Sanea
Clara, State of California, to wit;
All of said lands which lie Westerly of the following described Easterly line;
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order No; 873352
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DESCRIPTION
2
Beginning at the Southeasterly corner of said lands; chence along the general
Southerly line of said lands N. 89 deg. 02' 00" W. 126.61 teet ~o the true point
of beginning; thence leaving said line along a curve co the left, from a cangent
which bears N. 37 deg. 50' 29" W. having a radius ot 900.00 feet, through a
central angle of 16 deg. 57' 16", for an arc distance of 266.32 teet to ~he
Norcherly line of said lands.
DES,-RSO -11./04/91 AA
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CITY OF GILROY MEMORANDUM
TO:
THE MAYOR AND CITY COUNCIL MEMBERS
RE:
Bn..L HEADLEY, FACn...ITIES AND PARKS DEVELOPMENT MANAGER
STAFF REPORT - RESOLUTION OF NECESSITY DIRECTING
ACQrnSITroNofGORMLYPROPERTYBYEMThffiNTDO~FOR
THE GILROY SPORTS PARK
(0.87 ACRES) A.P.N.: 808-21-018
FROM:
DATE:
October 14,2003
RECOM.'MENDED 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 City of Gilroy's Sports Park Water Line Project (the "Project'') requires the
acquisition of 0.87 acres of real property located adjacent to the existing City of Gilroy ("City'1
Sports Park located at Lucbessa Ave. and Uvas Creek in Gilroy, California. The 0.87 acre parcel
is indicated on the site plan attached hereto as Exhibit "I" and is more particularly described in
the legal description attached hereto as Exhibit ''2:' Exhibits "1" and "2" arc 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~
1) 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 necessal)' for the proposed Project; and
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.
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As is set forth below, each of these fmdings and determinations should be made.
1) THE PUBLIC INTEREST AND NECESSITY REQUIRE THE PROJECT
The public interest and necessity require the Project. The constrUction of a 10-inch
municipal water service line ('"Water Service'") and construction of a seconduy emergency
access ("Secondary Emergency Access'') route for the 78.4-acre Gilroy Sport Park is required for
public health, safety and welfare.
Providing reliable Water SeJ:Vice to the Sports Park requires the installation of a main
water line loop from the Luchessa Avenue water main through the Sports Park to the Monterey
Road water main.
A Secondary Emergen~y Ac~ess for the Sports Park is also required for public and
employee safety, and for emergency service should an emergency incident prevent access through
the main entry into the Sports Park.
The Approved Gilroy Sports Park Master Plan (June 1999) and the Gilrov S'Dorts Park
Certified Finallmoact Reoort (June 1999) determined that Water Service for the Sports Park
would be provided by the City's municipal water system. The City's Engineering staff analyzed
the off-site and on-site Water Service distribution requirements for the Sports Park. The City's
Engineering staff determined that a complete water main grid connection between the Lucbessa
Avenue and Monterey Road water mains was necessary to provide reliable Water SCI"ice, rather
than the alternative of a dead-end water main lateral from only one existing water main
distribution source.
The City's Engineering and Public Safety departments analyzed Phase I and n
construction documents of all nine Sports Park project development phases and determined that a
Secondary Emergency Access was also required. The projected 20-year build-out of the Sports
Park includes a 78.4 acre public sports facility that will serve up to several thousand Sport Park
visitors and employees and pro"ide parking for more than 1 ,050 "ehicles. The 800-foot long
entry driveway from the Monterey Frontage Road into the Sports Park could present a possible
public and employee evacuation and public safety access congestion if blocked by an emergeney
incident such as a flash flood, a car accident, or fire.
In addition. the 1989 U"as Creek Flood Control levee terminates inside the Sports Park
site. The majority of the Sports Park site is part of the Uvas Creek flood zone. The City
accepted flood zone development conditions and restrictions when these conditions were
identified and approved by both the approved Sports Park master plan and environmental review
documents.
The Secondary Emergency Access route also utiliz.es the existing Uvas Creek Levee and
the VIA Class I Bike Trail Grant that will extend the Uvas Creek Park Preserve trail into the
Sports Park from the Luchessa Avenue Bridge, Most of the Secondary Emergency Access route
will utilize this Class I Bike Trail that is designed to support both Water Service and emergency
Page 2 of4
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vehicles; and the utilization of the Class I Bike Trail is the most efficient use of this Uvas Creek
Levee land area.
2) . THE PROPOSED PROJECT IS PLANNED Oil 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.
City staff considered alternative routing for the. Water Service water main to avoid the
Gormly property, which included the 22-aore Barberi property, which is located immediately
south and east of the Gormly property. This alternative route, also running to the north, could
accommodate a water main connection to the Luchessa Avenue water main. However, it was
determined that a greater impact on more developable private lands (Barberi) would result from
this alternative water main route. Further, the alternative route would not be able to provide the
adjacent route of the Class I Bike Trail and the Secondary Emergency Access.
City staff considered the alternative routing of the Secondary Emergency Access, which
included two possible routes. One route would also be north through the Barberi property in the
similar corridor to the alternate Water Service main route, as discussed above. Howevcr~ it was
also determined that a greater impact on more developable private lands (Barberi) would result
from this alternative, and that it would not be able to provide the adjacent route of the Class I
Bike Trail and the Secondary Emergency Access.
The other secondary access route considered was loc;ated at the southern part of Sports
Park property at the Uvas Creek bank at the end of the unimproved road known. as Fannan Lane.
The Farman Lane alternative route would lead to the Monterey Frontage Road, but its location
directly adjacent to Uvas Creek has been identified as the first area of flooding during a 2S-year
flood event, and was detennined to be infeasible.
City staff also evaluated obtaining permanent easements through the Gormly property for
the City Water Service and the Secondary Emergency Access rather than a full parcel acquisition.
The appraiser. designer, and City Staff all determined that if the property was purchased as an
easement, the two smaller remainder parcels would be severely damaged and could render the
remainders undevelopable. Therefore, the acquisition of the full parcel was recommended and
approved by the City Council.
3) THE PROPERTY DESCRIBED IN THE RESOLUTION IS
NECESSARY FOR THE PROPOSED PROJECT
The property described in the Resolution of Necessary is necessary for the proposed
Projec;t. The Gilroy Sports Park requires reliable Water Service. The new IO-inch water main
route connecting to the Luchessa Avenue water main through the Sports Park to the Monterey
Road water main is necessary to provide Water Service to the Sports Park.
Page 3 of 4
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The Secondary Emergency Access route is required to provide the Sports Park facility
with safe public and employee access, and access for emergency sel-vices.
Before staff determined to pursue the acquisition of the subject property, several
properties were studied. The property described in the Resolution of Necessity is the one parcel
that will provide the greatest benefit and the least impact. The amount of property proposed to
be acquired has been reduced from what would be sought for the alternate routes previously
reviewed and will not only satisfy the public necessity for the Project but also cause the least
private injury. '
4) THE OFFER REQUIRED BY 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 August 9, 2001, a written offer was made by the City's
acquisition consultant to acquire the property was made directly to the owners 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, Six contacts with property owners were made after the first otTer.
On February 10, 2003, the City considered the updated appraisal fortlle property and
again authorized the City to make an offer to purchase the property. A second updated offer
based on an updated appraisal was made to the owners of record on March 3, 2003, by the City's
consultant.
The City has made 17 contacts with the property owners following presentation of the
second -written offer of March 3, 2003. Continuing disputes between the eight property o~ers
have gone unresolved. The City's acquisition consultant has reported that a resolution of property
owners' disputes is not expected, or in a timely manner for the City to secure propeny for the
Spons Park project.
The City Attorney's office on September 23, 2003, sent by certified mail, notice to the
owners of record advising them of the City's Notice of Intention to Adopt Resolution of
Necessity for acquisition of the property by eminent domain.
The City Attorney recommends that the eminent domain proceedings go fOIWard and this
Resolution of Necessity be adopted.
Page 4 of 4
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8AKT A CLARA CQUIIIITY. CALIFORNIA
JOB ## 00113
OCT-14-2003 17:14
Order No: 873352
BERLINER COHEN
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DESCRIPTION
All that cer~ain Real property in the County of Santa clara, state of California,
described as follows:
All of Lot Numbered Five (5), ,as shown on that certain Map en~itled. "Hap of
Massey Thomas' Senior Subdivision of Los Animas Ranch Lot No. 15", which Map ~as
tiled for record in the office of the Recorder of the couney of Santa Clara,
Staee of California on April 15, 1893 in Book "G" of Maps, at page(s) 59.
Exeepcing the Southeasterly part thereof, heretofore conveyed to G. Barberi &
Sons, which said pare so conveyed is described as follows, to wi~~
Beginning at a buried 1/2" pipe at the Northeasterly corner of the above
mentioned Lot 5, at the intersection of the Westerly line of Monterey Road, with
the Southerly line of the Thomas Lane, from which pipe, the buried graniee
monument ae the intersection of the westerly line of Monterey Road and the center
line of the Thomas Lane bears North 18 deg. 00' West 20.94 feet; thence from said
point of beginning Westerly along the Southerly line of the Thomas Lane,No~th 89
deg-. 02' West 1863.80 feee to a 1/2" pipe; thence ae right angles Southerly South
o deg. 59' West 180 feet to a 1/2" pipe: ,thence at right angle 'Westerly and
parallel with ~he Thomas Lane, North 89 deg. 02' West 412.34 feet, more or less,
to a point in the Carnadero Creek on the line bet~een Lo~s 5 and 9. as sho~ on
~he abovementioned Map (at 265 feet on this course and on the bank of the
Carnadero cree);., is 1/2" pipe inside a 2" pipe); thence Sou~herly along the
channel of Carnaaero Creek and along ehe line dividing Lot 5 from Lo~s 9 and 10,
South 52 deg. 00' Eaat 304.51 teet, more or less, and South 15 deg. 30' East
34B.~0 teet:, more or less, to the common corner to Lot:S 5 and 6 in the Easterly
line of Lot loot the abovementioned Subdivision; thence Easterly along the line
between Lots 5 and 6, south 99 deg. 09' EaB~ 1093.62 feet, more or less, to a
buried 1/2 pipe (back 1049.40 feet on this course and on the bank of the
Carnadero Creek is the original 4" X. 4" redwood witness post, said las~ mentioned
1/2" pipe being South 72 deg. 00' west 1021.02 feet from a 1/2~ pipe at the
Eascerly common corner for said Lots 5 and 6, ehence Easterly on the line between
Lots 5 and 6, North 72 deg. 00' East: 1021.02 feet to a buried 1/2" pipe in the
Westerly 1ine of the aforement:ioned Monterey Road, said pipe being also the
common corner between Lots 5 and 6: thence Northerly along the Westerly line of
the said Monterey Road, North 18 deg. 00' West, 384.78 feet to the point of
beginning. Surveyed and Monumented on February 19, 1~41 at the request of Mr.
LeOn Thomas, by W.J- Hanna, Gilroy, Registered civil Engineer No. 3704.
ExclUding and excepting from the property above described all that porLion
thereof, hereto!ore conveyed to the County of Santa Cl~ra, for roadway purposes.
Also e~cepting therefrom that portion thereof as conveyed to the Santa Clara
Valley Water District. a pul::llic corporation by Deed recorded March 1. 1988 in
Book K4SS, Page 1194, Official Reoords and being more particularly described as
follows:
Being a portion of the lands described in the deed recorded in aook H516 of
official Records at Page 713 in th@ Office of the Recorder, County of Santa
Clara, state of Calitornia, to wit:
All of said lands which lie We~terly of ehe following described Easterly line:
OE5CRSO." 12/04/91 AA
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Order No: 873352
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2
DESCRIPTION
Beginning at the Southeasterly corner of said lands; thence along the general
Southerly line of said lands N. 89 deg. 02' OO~ w. 126.61 feet to ~he true point
of beginning; thence leaving said line along a curve to the left, from a tangent
which bears N. 37 deg. 50' 29" W. having a radius of 900.00 feet, through a
central angle of 16 deg. 57' 16ft, for an arc distance of 266.32 feet to the
~ortherly lineaf said lands.
Dil:SC~O -I.I"'/~I "'^
f;v ,
TDTRL P.14
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No, 2003-70 is an original resolution, or true and correct copy of a city resolution,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
20th day of October, 2003, 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 4th day of November, 2003,
v:2Iikdfc~-
City Clerk of the City of Gilroy
(Seal)