Resolution 2004- 32
RESOLUTION NO. 2004-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY DETERMINING THAT THE PUBLIC INTEREST
AND NECESSITY REQUIRE THE ACQUISITION OF A
TEMPORARY CONSTRUCTION EASEMENT IN THE REAL
PROPERTY IDENTIFIED BY APN 783-37-067 LOCATED AT
1136 DEL ORO WAY AND DIRECTING THE FILING OF
EMINENT DOMAIN PROCEEDINGS
WHEREAS, in 2001 the City of Gilroy ("City") approved the design of the Santa Teresa
Widening Project (the "Project"). This Project is being undertaken for the purpose of
constructing a new sound wall along Santa Teresa Boulevard and to further the public health,
safety and welfare; and,
WHEREAS, in order to accomplish the goals of the Project, temporary construction
activities must necessarily take place upon certain real property located in the City, County of
Santa Clara, State of California, identified as APN 783-37-067 (the "Property"); and
WHEREAS, such Project will require the City to secure a temporary construction
easement 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 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 City Charter, 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
I.JH\621287.1
041404-04706002
-1-
Resolution No. 2004-32
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 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 ofthe City under:
(a) Article I, Section 19 ofthe California Constitution;
(b) Article II, Section 200 of the City Charter;
(c) Section 40404 of the Government code of the State of California; and
(d) Sections 1240.050, 1240.110 et seq. ofthe Code of Civil Procedure ofthe State of
California.
Section 2. The public interest and necessity require the Project for the purpose of
constructing a new sound wall along Santa Teresa Boulevard 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 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 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 "B." The facts which
support this finding are further set forth in the record, including but not limited to, the Staff
Report attached hereto as Exhibit "C" and incorporated by this reference.
\JH\621287.1
041404-04706002
-2-
Resolution No. 2004-32
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 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.
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 19th day of April, 2004, by the following
AYES: COUNCILMEMBERS:
CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO and
PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
~~.
Rhonda Pellin, City Clerk
\JH\621287.1
041404-04706002
-3-
Resolution No. 2004-32
\;1--____
~ rJ \
"'1 ,----____
, I TRACT I 1 IVo.' lBSf
, ) f-- _ _ 25
I -__--./
,( /(. I
.\ ~
, I~ /' / ./"'....., \ "'- 25 I
~,/'.. "\,,.
..-/ " '\\ " I
-\ ~--~ 1'"
\ '. '\ "- '- 24 l..., ........ I
\ '\ ........ ',~ .
\ \ ........
; \ 23 . ........ ........ "
, \.
. 567 M \ 21 ~ 22
.' \
-+ . '"
I
.I
I
----j
I
-I.
--
I
I
I
I
@
~
~
::s
~
.$5'
~
~
~
~ I ~
~ ~
~ -~
~
~
~
~
~
~
8'
~
~I
I
I
I
1
55"
I
I
I
I
txHIBIT A
ETCH TO ACCOMPANY A
~AL DESCRIPTION FOR
VTA TERESA BOULEVARD
IPORARY CONSTRUCTION
,EMENT WITHIN LOT 24
TRACT NO. 7851
ITAINING: 370 SQ. FT. +/_
SCAL€.' ,. = 40'
SH[ET I OF 1 SHEa
DDr ,.LANNIHa · D"'e'GN . '::CWITIoUo:'TIDH
I ~ HnSAl.TCWP-"'CWAT
· .. · fME. ~ n!'lt-2'O:l1
CONSULTING t...~. F.ut-...nMn. -lW'.DOIOI
91/S1'd ~~SG8[680v
OE~ 21. 2CW J.N. JS-l()(}()Q.J
It lPoArA 1J5'QX~LlIO~I~/m DJ1leJrsl06~X'Js,DffC
N3HOJ ~3NIl~3a 0[:Gl v00G-vl-~d~
91'd ll:HOl
RBF Consul ti "g.
1981 N. Broadway. Suite 235
Walnut Creek) California 94596
EXHIBIT nA"
December 21, 2000
IN 35-100063-44
Page 1 of 1
LEGAL DESCRIPTION
SANTA TERESA BOULEVARD
TEMPORARY CONSTRUCTION EASEMENT
WITHIN LOT 24 OF TRACT NO. 7851
The easterly 8.00 feet of Lot 24 of Tract No. 7851. in the City of Gilroy, County
of Santa Clara, State of California. as shown on a map thereof. filed in .Book .567
of Maps ~t Pages. 21 and 22 in the Office of the County Recorder of said Santa
C1 ar-a County ~
SUBJECT TO all Covenants. Rights) Rights-of-Way and Easements of Record.
EXHIBIT attached and by this
z:.
L. S. 5816
6/30io4
13S_wpd
91/91'd
aS2:8E68017
N::3HOJ ~::3NIlCl::38
EXHIBI'l' I3
0E: 2:1' -17I-Cldtl
CITY OF GILROY MEMORANDUM
TO:
THE MAYOR AND CITY COUNCIL MEMBERS
FROM:
MICHAEL GOODHUE, CITY ENGINEER
STAFF REPORT - RESOLUfrON OF NECESSITY DIRECTING
ACQUISITION OF PROPERTY BY EMINENT DOMAIN FOR THE
A.P.N.: 783-37-067 - FONSECA
1136 DEL ORO WAY
RE:
DATE:
APRIL 13, 2004
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.
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 conunence an action in eminent
domain to acquire the subject property.
BACKGROUND:
The City of Gilroy'g ("City') Santa Teresa Boulevard Widening Project (the "Project")
requires the acquisition of a temporary construction easement located on the property, 1136 Del
Oro Way, adjacent to the existing Santa Teresa Boulevard soundwalllocated in Gilroy,
California ("Property'). The temporary construction easement is indicated on the site plan
attached hereto as Exhibit "1" and is more particularly described in the legal description attached
hereto as Exhibit "2." Exhibits "1" and "2" 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:
1) The public interest and necessity require the Project;
\JH\621414.1
01.041404-04706002
-1-
EXHIBIT C
9Vc1'd
aSc8~68017
N::3HOJ ;:J::3NIl;:J::38
6c:c1 1700c-171-;:Jd~
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.
As is set forth below) each of these findings and determinations should be made.
1) THE PUBLIC INTEREST AND NECESSITY REOUIRE THE PROJECT
The public interest and necessity require the Project. The Project will widen the existing
Santa Teresa Boulevard from two through-travel lanes to four through-travel lanes) which has
been determined by the City to be necessary to accommodate the current and future
transportation needs ofthe City. Further) the Project is necessary for public health, safety and
welfare, and it serves the public interest by furthering the goals of the general plan by providing
noise mitigation for the residents who live next to Santa Teresa Boulevard. Removal and
replacement of the existing Santa Teresa Boulevard soundwall is a critical component of the
overall 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
The Project is planned or located in the manner that is most compatible with the greatest
public good and the least private injury. The Project will utilize the existing Santa Teresa
Boulevard right-of-way. The soundwall scheduled to be removed is on the existing Santa Teresa
Boulevard right-of-way line. The new soundwall will be constructed on the same existing Santa
Teresa Boulevard right-of-way line, or one or two feet into the right-of-way. The completed
soundwall will not result in the loss of property for the Property owner,
The temporary construction easement is required for limited access and grading purposes
for the installation thenew soundwall. The Project will necessitate substantial changes in grade
along the length of the existing soundwall. This change in grade will require removal of the
existing sOWldwall. City engineers have determined that it is not feasible to leave the existing
wall in place and construct the new improvements. The Property's back yard grades and existing
improvements will be restored following construction of the soundwall.
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
Project because of the Property's immediate proximity to existing Santa Teresa Boulevard
soundwa11 that must be removed and replaced in order to accommodate the grading necessary for
the Project.
\JH\621414.1
01.041404-04706002
-2-
9']:/n'd
aSc8~680p
N:3HOJ ~:3NIl~:38
6c:c']: p00c-p,]:-~d~
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.
In 2001, the City Council approved the Project design. On or about April 11, 2003, and
March 3, 2004, the City's real estate consultants, Universal Field Services sent letters to the
Property owners regarding the Project and the City's need for a temporary construction easement
on the Property.
The file records further establish that agents from Universal Field Services contacted the
Property owners numerous times to provide them with information regarding the temporary
construction easement and to resolve the concerns they had regarding the temporary constnlction
easement. In addition, the City sent the Property owners a letter dated January 21 2004,
regarding the temporary constmction easement on the Property. This temporary construction
easement was revised to meet the Property owners' concerns and it was provided to them on
several occasions. The Notice oflntent to Adopt a resolution of Necessity was sent to the
Property owners on March 12) 2004. To date, the Property owners have been unwilling to
cooperate with the City or the City's real estate agents regarding the temporary construction
easement.
\JH\621414.1
01.{)41404.04706002
-3-
91/171 . d
c..c..Sc8[6812117
N3Hm cBN I l~38
121[:c1 17l21l21c-171-~d~
I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Resolution No. 2004-32 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
19th day of April, 2004, 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 30th day of April, 2004.
(Seal)