HomeMy WebLinkAboutCC Resolution 14179 (750 Grand Avenue Eminent Domain)RESOLUTION NO. 14179
SAN RAFAEL CITY COUNCIL RESOLUTION OF NECESSITY
AUTHORIZING THE ACQUISITION OF PROPERTY BY EMINENT
DOMAIN FOR THE GRAND AVENUE IMPROVEMENT PROJECT
(CODE OF CIVIL PROCEDURE SECTION 1245.220)
WHEREAS, the City of San Rafael ("City) Grand Avenue Improvement Project
(the "Project") is a public project improving the traffic circulation and safety of Second
Street and Grand Avenue through the installation of pedestrian, bicycle, and intersection
improvements including new sidewalks, curbs, gutters, ADA compliant curb ramps and
driveway, traffic signal modification, signing, and striping, as well as the installation of a
new 150' long by 12' wide bridge across the San Rafael Canal for the exclusive use of
bicycles and pedestrians to be installed approximately 5' east of the existing bridge on
Grand Avenue south of Second Street, and sidewalk improvements for bicycles and
pedestrians along the northern end of Francisco Blvd. East; and
WHEREAS, the City desires to acquire Assessor Parcel No. 014-132-10,
commonly known as 750 Grand Avenue, San Rafael ("Subject Property"), which is
necessary to the completion of the Project; and
WHEREAS, the City is authorized to acquire the Subject Property described in
Exhibit A and shown in Exhibit B, attached hereto and incorporated herein, and to
exercise the power of eminent domain for public use in accordance with the California
Constitution and the California Eminent Domain Law, Code of Civil Procedure section
1230.010, et seq., section 1240.410, section 1240.610, and pursuant to Government
Code sections 40401, 40404, and 37350.5, and Streets and Highways Code section
10102; and
WHEREAS, on July 13, 2016, the City mailed a notice of hearing on the intent of
the City Council of the City of San Rafael to adopt a Resolution of Necessity for
acquisition by eminent domain of the Property described in Exhibit A, which notice is
attached hereto as Exhibit C. Notice of this hearing was mailed to all persons whose
name(s) appear on the last Equalized County Assessment Roll as having an interest in
the property described in Exhibit A, and to the addresses appearing on the Roll. The
notice of hearing advised the persons of their right to be heard on the matters referred
to in the notice on the date and at the time and place stated; and
WHEREAS, the hearing set out in said notice was held on August 15, 2016 at
the time and place stated therein, and all interested parties were given an opportunity to
be heard.
NOW, THEREFORE, THE CITY OF SAN RAFAEL CITY COUNCIL HEREBY
FINDS and DETERMINES that:
1. The public interest and necessity require the Project.
2. The Project is planned or located in a manner that will be most compatible
with the greatest public good and the least private injury.
3. The Subject Property described herein in Exhibit A is necessary for the
Project.
4. The offer required by section 7267.2 of the Government Code was made
to the owner or owners of record.
5. The City has complied with all conditions and statutory requirements
necessary to exercise the power of eminent domain to acquire the Subject Property
described herein.
6. The City filed a Notice of Exemption from April 30, 1012 to May 30, 2012
to comply with the California Environmental Quality Act ("CEQA") for the Project.
7. The City Attorney or his duly authorized designee be, and he is hereby,
authorized and directed to institute and conduct to conclusion an action in eminent
domain for the acquisition of the estates and interests aforesaid and to take such action
as he may deem advisable or necessary in connection therewith.
8. The City may deposit with the State Treasury the probable amount of
compensation and obtain an order permitting the City of San Rafael to take prejudgment
possession of the Subject Property.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a regular
meeting of the City Council of said City held on Monday, the 15th day of August 2016,
by the following vote, to wit:
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ESTHER C. BEIRNE, City Clerk
OAK #4836-4712-5556 vl
EXHIBIT rlAr,
DESCRIPTION
FEE ACQUISITION
APN: 014-132-10
All that land as deeded to Harold Geister and Aurelia Geister in Instrument
Number 91-07185 of Official Records, recorded February 4, 1991, Marin County
Recorder's Office, said land referred to herein is located in the City of San
Rafael, County of Marin, State of California, more particularly described as
follows:
Beginning at the Northwest corner of said land as deeded to Harold Geister and
Aurelia Geister, said corner lying along the easterly right of way line of Grand
Avenue; thence S 15105'46"W 192.09 feet along said easterly right of way line,
said easterly right of way line being coincident to the westerly of said land
deeded to Geister, to the Southwest corner thereof, said Southwest corner lying
along the northerly line of a 100 foot wide right of way for San Rafael Canal;
thence S74°46'36"E 45,20 feet along the southerly line of said land, said southerly
line being coincident to said northerly line of San Rafael Canal, to the Southeast
corner of land thereof; Thence N08°40'53"E 196.09 feet along the easterly line of
said land to the Northeast corner thereof; thence N81 °27'06"W 23.45 feet along
the northerly line of land thereof to the point of beginning,
END OF DESCRIPTION
Basis of Bearing: The easterly line of Grand Avenue which bears N15°05'46"E as
per Record of Survey filed in Book 12 of surveys, at Page 27, Marin County
Records,
The property described herein is shown on the attached plat, Exhibit B, and by
this reference made a part thereof,
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Exhibit C
Michael Geister and Joan Johnson as Co -Trustees
of the Second Amended Geister Trust of 1991
2180 Magnolia Avenue
Petaluma, CA, 94952
NOTICE OF INTENTION
TO ADOPT A RESOLUTION OF NECESSITY
TO ACQUIRE PROPERTY BY EMINENT DOMAIN
. CITY OF SAN RAFAEL
(Grand Avenue Improvement Project)
MAYOR GARY O. PHILLIPS
VICE MAYOR KATE COLIN
!MBER MARIBET}I BUSHEY
LMENIBER JOHN GANI BLIN
CUYUGAN MCCULLOUGH
CITY CLERK
PHONE: 415-485-3066
FAX: 415-485-3133
Re: Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire Property
by Eminent Domain [California Code of Civil Procedure section 1245.235].
1. Notice of the Intent of the City of San Rafael to Adopt a Resolution of
Necessity and Hearing. The City Council of the City of San Rafael intends to hold a hearing to
consider whether a Resolution of Necessity should be adopted which, if adopted, will authorize
the City of San Rafael ("City") to acquire the real property described herein by eminent domain
for the Grand Avenue Improvement Project ("Project"). Attached hereto as Exhibit "A" is a
legal description and plat map depicting the property which is required for the Project. You are
being sent this notice as your name appears on the last equalized Marin County assessment roll.
DATE OF HEARING: August 15, 2016
TIME OF HEARING: 7 p.m., or as soon thereafter as the matter may be heard.
PLACE OF HEARING: The regular meeting place of the City Council of the
City of San Rafael, City Council Chambers, City Hall, 1400 Fifth Avenue, San
Rafael, California.
2, Notice of Your Right to Appear and Be Heard. You have a right to appear and
be heard before the City Council at the above scheduled hearing on the following matters and
issues, and to have the City Council give consideration to your testimony prior to deciding
whether or not to adopt the proposed Resolution of Necessity:
a. Whether the public interest and necessity rcquirc the Project;
b. Whether the Project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury;
1400 FIFTH AVENUE • PO Box 151560 -SAN RAFAEL, CA 94915-1560
N""V. CITYOFSANRAFAEI,.ORG;
C. Whether the interest in property sought to be acquired by eminent domain
is necessary for the Project, and
Whether the offer required by Goverinnent Code section 7267.2 was made
to the owner of record.
The statutes which authorize the City to acquire the property by eminent domain for the
Project include, but are not limited to, Article 1, Section 19 of the Constitution of the State of
California, Sections 37350.5, 40401, 40404 of the Government Code and sections 1810 and
10102 of the Streets and Highway Code, Section 1240.140, and Section 1230.010 et seq. of the
Code of Civil Procedure.
3. Failure to File a Written Request to Be Heard within Fifteen (15) Days After
the Notice Was Mailed Will Result in Waiver of the Right to Appear and Be Heard. If you
desire to be heard, please be advised that you must file a written request with the City Cleric
within fifteen (15) days after this notice was mailed. You must file your request to be heard at:
City Cleric, City of San Rafael City Hall, 1400 Fifth Avenue, P. 0, Box 151560, San Rafael, CA
94915-1560. Should you elect to mail your request to the City Cleric, it must be actually
received by the clerk for filing within fifteen (15) days after this notice was mailed. The date of
mailing appears at the end of this notice,
California Code of Civil Procedure section 1245.235(b)(3) provides that "[f]ailure to file
a written request to appear and be heard within 15 days after the notice was mailed will result in
waiver of the right to appear and be heard" on the, above matters and issues which are the subject
of the hearing.
4. You Will Not Waive the Right to Claim Greater Compensation if You Do
Not Appear at the Hearing. The amount of the compensation to be paid for the interest, if any,
that you may have in the property related to the City's proposed property acquisition is not a
matter or issue being heard by the City Council at this time. Your nonappearance at this noticed
hearing will not prevent you from claiming greater compensation, as determined by a court of
law in accordance with the laws of the State of California. This notice is not intended to
foreclose future negotiations between you and the representatives of the City on the amount of
compensation to be paid for your property.
However, if you elect not to appear and be heard, you will be foreclosed from
raising in a court of law the issues which are the subject of this noticed hearing and which
are concerned with the right to take the property by eminent domain.
If the City Council elects to adopt the Resolution of Necessity, then within six months of
the adoption of the Resolution, the City of San Rafael will commence eminent domain
proceedings in Superior Court. In that proceeding, the Court will determine the amount of
compensation to which you are entitled.
CITY OF SAN RAFAEL
By: -R"--. ,
Esther C. Beirne, City Cleric
Dated and mailed on: ��.
Courtesy Copy:
Daniel Gamer, Esq,
55 Professional Center Parkway 4H
San Rafael, CA 94903
Darryl Browne
3 8 Meadow Drive
Mill Valley, CA 94941
John H, Corcoran, Esq,
24 Professional Center Parkway, Suite 240
San Rafael, CA 94903
Peter Mozaffari
Marin Auto Group
750 Grand Avenue
San Rafael, CA 94901
EXHIBIT "A"
DESCRIPTION
FEE ACQUISITION
APN: 014-132-10
All that land as deeded to Harold Geister and Aurelia Geister in Instrument
Number 91-07185 of Official Records, recorded February 4, 1991, Marin County
Recorder's Office, said land referred to herein is located in the City of San
Rafael, County of Marin, State of California, more particularly described as
follows:
Beginning at the Northwest corner of said land as deeded to Harold Geister and
Aurelia Geister, said corner lying along. the easterly right of way line of Grand
Avenue; thence S15°05'46"W 192.09 feet along said easterly right of way line,
said easterly right of way line being coincident to the westerly of said land
deeded to Geister, to the Southwest corner thereof, said Southwest corner lying
along the northerly line of a 100 foot wide right of way for San Rafael Canal;
thence S74°46'36"E 45,20 feet along the southerly line of said land, said southerly
line being coincident to said northerly line of San Rafael Canal, to the Southeast
corner of land thereof; Thence N08140'53"E 196.09 feet along the easterly line of
said land to the Northeast corner thereof; thence N81 °27'06"W 23.45 feet along
the northerly line of land thereof to the point of beginning.
END OF DESCRIPTION
Basis of Bearing: The easterly line of Grand Avenue which bears N15°05'46"E as
per Record of Survey filed in Book 12 of surveys, at Page 27, Marin County
Records,
The property described herein is shown on the attached plat, Exhibit B, and by
this reference made a part thereof.
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