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HomeMy WebLinkAboutCC Resolution 10362 (1000 East Francisco Blvd)CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLUTION NO. 10362 RESOLUTION FINDING THAT THE PUBLIC NECESSITY REQUIRES THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 1000 EAST FRANCISCO BOULEVARD, SAN RAFAEL, MARIN COUNTY WHEREAS, on January 20, 1998, by Resolution No. 10003, the City Council of the City of San Rafael ("City") approved the East San Rafael Traffic Improvement Plan (the "Plan") to improve traffic flow and capacity in the area, and authorized staff to negotiate the necessary property acquisitions to implement the Plan; and WHEREAS, the City is authorized to acquire property for street improvement purposes pursuant to Article 3, Section 5 of the San Rafael Municipal Charter and to Government Code Sections 37350.5 and 40404; and, WHEREAS, the City has determined that the Plan requires the acquisition of real property at 1000 East Francisco Boulevard, San Rafael, County of Marin, Assessor's Parcel Number 08-102-04, more particularly identified in the attached Exhibit A (the "Property") in order to carry out the goals of the Plan, through construction of public improvements (the "Project") on the Property; and WHEREAS, the Property is located in the area governed by the City; and WHEREAS, in order to complete the Project it is necessary for the City to acquire fee title to Property, which is currently privately owned; and, WHEREAS, City staff has presented a staff report in connection with consideration of this resolution which discusses the need for the Project, the need to acquire real property for such Project, and setting forth the fact that offers to purchase the Property were made to the owner of the Property pursuant to Government Code Section 7267.2; and, WHEREAS, after providing notice in the manner specified in Code of Civil Procedure Section 1245.235, the City held a hearing at which the person whose property is to be acquired pursuant to this resolution, and whose name and address appears on the last equalized county assessment roll, had an opportunity to appear and be heard on the matters referred to in Code of Civil Procedure section 1240.030. The following owner received the above-described notice: Claire Engelberg. The owner and her representative had an opportunity to appear at the hearing during which the adoption of this resolution was considered; and, WHEREAS, the Plan has previously been the subject of environmental review by the City, pursuant to the California Environmental Quality Act, and a negative declaration with regard to the Plan was approved by City Council Resolution No. 10002 on January 20, 1998. There have been no changes to that Plan, changes in the circumstances in which it is to be undertaken or new information which indicates that there will be significant environmental impacts not previously considered, more severe environmental impacts, or mitigation measures or alternatives that previously were infeasible but now are feasible. ORIGINAL `o��v NOW, THEREFORE, IT IS HEREBY RESOLVED as follows: Section 1. The City Council hereby finds that: (a) The public interest and necessity require the acquisition of the Property for completion of the Project incorporated in the Plan, as set forth in the staff report, in that such improvements will improve traffic flow and capacity in East San Rafael. (b) Acquisition of the Property for traffic improvements is a project planned and located in the manner that will be most compatible with the greatest public good and least private injury in that the City has studied alternative traffic improvements, and the Property is uniquely suitable for the Project due to its proximity to major arterials and a freeway entrance. As set forth in the Plan, the Project will improve traffic flow and capacity in the area. Acquisition of the Property for the Project will also minimize the acquisition of or interference with private property by minimizing the number of properties to be subjected to acquisition for the purpose of implementing alternative traffic improvement plans because the Project can be developed upon the Property without need to acquire additional real property under diverse ownership for such development. (c) Offers to the owner of the Property described in Exhibit A have been made, in the manner required by Government Code Section 7267.2, to the owners of the Property whose names appear on the last equalized county assessment roll. (d) No subsequent or supplemental environmental review is required in that, as documented in the staff report, there have been no changes in the project, changes in the project circumstances or new information which indicates that there will be significant environmental impacts not previously considered, more severe environmental impacts or mitigation measures or alternatives that previously were infeasible and are now feasible. Section 2. Eminent domain counsel for the City is authorized and directed to file an action on behalf of the City to acquire the Property described in Exhibit A to this resolution and take all steps necessary to prosecute those actions to completion. Section 3. The City Manager, or his designee, is authorized and directed to provide from the property funds and accounts of the City the funds necessary to make deposits of the probable amounts of compensation in the actions filed to acquire the Property. I, JEANNE M. LEONCINI, City 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 held on the 1" day of February, 1999, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips JEANNE M. LEONCINI, City Clerk Exhibit A DESCRIPTION All that certain real property situate in the City of San Rafael County of Marin, State of California, described as follows: BEGINNING for reference at a point on the general southwesterly line of Parcel 1, described in Deed No. 17035 (17036) to the State of California, recorded July 6, 1956 in Volume 1040, page 386, of Official Records of the County of Marin, said point being the northwesterly terminus of the course described as 11N.59032142" W., 152.92 feet" in said Parcel 1 (1040 or 386); thence along said general southwesterly line S. 59032'42" E., 144.37 feet to the TRUE POINT OF COMMENCEMENT; thence S. 33050118" W., 4.57 feet; thence South 560 09' 42" E., 190.95 feet; thence North 470 14' 18" E. 86.82 feet; thence N. 55017148" W., 14.62 feet; thence from a tangent that bears N. 63039128" W., along a curve to the left with a radius of 567.00 feet, through an angle of 8010114", an arc length of 80.86 feet; thence N. 71049142" W., 121.84 feet; thence S. 33050'18" W., 30.98 feet to the true point of commencement. EXCEPTING THEREFROM that portion of land described in the Deed from Claire Engelberg to The City of San Rafael, a municipal corporation, recorded June 12, 1985 under Recorder's Serial No. 85-24439, Marin County Records and, more particularly, described as follows: BEING a portion of the parcel described in Director's Deed in Book 1570, Page 240, recorded May 15, 1962, Marin County Records, described as follows: COMMENCING at the most southerly corner of said parcel described in said Deed, said corner being at the intersection of the courses described as 5.5600914211E. 190.95 feet and N.47014118" E., 86.82 feet; thence N. 4701411811E., 72.80 feet along last said course, to the true point of beginning; thence on a non -tangent curve to the left, with a radial bearing of S.49052147" W., a radius of 35.00 feet, an arc length of 10.80 feet to a point of compound curvature; thence on a curve to the left, with a radial bearing Of 5.3201114311W., a radius of 595.00 feet, an arc length of 121.24 feet; thence N.18°10'08" E., 0.50 foot, to the Northerly line of said parcel as described in said Deed; thence along said northerly line, 5.71049'42"E., 42.60 feet; thence on a curve to the right, tangent to last said line, with a radius of 567.00 feet, through an angle of 8010'1411, an arc length of 80.86 feet; thence 5.55017148" E., 14.62 feet; thence S.47014118"W., 13.47 feet, to the true point of beginning.