HomeMy WebLinkAboutCC Resolution 10339 (Second St Widening)CITY OF SAN RAFAEL
RESOLUTION NO. 10339
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL FINDING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRES THE ACQUISITION OF CERTAIN REAL
PROPERTY FOR THE WIDENING AND IMPROVEMENT OF SECOND
STREET IN SAN RAFAEL, MARIN COUNTY
WHEREAS, the City is authorized by Section 11 of the City Charter to acquire property
interests by eminent domain for a public purpose, and is authorized by Section 18 of the City
Charter to establish public rights of way, and by Government Code Sections 37350.5 and 40404
to acquire property interests by eminent domain for public purposes including widening streets
within the City; and,
WHEREAS, the City is undertaking the Second Street Widening Project (the "Project")
for the purpose of repaving, widening and improving the roadway capacity of Second Street;
and,
WHEREAS, the Project is necessary to eliminate existing and anticipated congestion,
cure existing deficiencies in the traffic circulation, and enhance safety; and
WHEREAS, in order to undertake the Project, it is necessary for the City to acquire fee
title to a portion of privately owned property fronting on Second Street, the precise location and
legal description of which is specified in more detail in the attached Exhibit A, incorporated by
this reference (referred to herein as the "Property"); and,
WHEREAS, City staff has presented a staff report in connection with consideration of
this resolution which discusses the planning background of the Project, the need for the Project,
the need to acquire real property interests for the 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; and
WHEREAS, the Project was previously the subject of environmental review by the City
at the time of the preparation of an enviromnental impact report ("EIR") for the Fair, Isaac
Project, incorporated by this reference, specifically wherein the Project was identified as a
mitigation measure required by the EIR; and
141\13\116316.1
1
WHEREAS, the Project has been modified in minor aspects to include the area adjacent
to the Pacific Gas and Electric ("PG&E") substation and this change in the Project will not result
in any significant environmental impact that was not studied in the EIR.
NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:
Section 1. The City hereby finds that
(a) The public interest and necessity require the Project, as set forth in the staff
report, in that the Project will implement the goals of eliminating existing and anticipated
congestion, cure existing deficiencies in the traffic circulation, and enhance safety.
(b) The Project is 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 a number of
alternative proposals to improving traffic circulation on Second Street, and after such study has
determined that the Project should be implemented as a means of mitigating traffic problems and
improving traffic circulation in the area; that the Project is also a mitigation measure required by
the EIR; and that the Project is designed in a manner which minimizes the acquisition of or
interference with private property by minimizing the number of properties to be subjected to
acquisition as a result of the development of the.
(c) The Project could not go forward without the acquisition of the Property since the
Property provides for the contemplated widening of the street and is therefore necessary for the
Proj ect.
(d) Offers to the owner of the Property as described in Exhibit A have been made in
the manner required by Government Code Section 7267.2, to the owner of the Property whose
name appears on the last equalized county assessment roll.
Section 2. The City Attorney is authorized and directed to file actions or retain special counsel
to file actions 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. This Resolution shall take immediate effect from and after its passage and approval.
141.13\116316.1 2
I, JEANNE M. LEONCIM, 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 7th day of December, 1998, by the following vote:
AYES: COLNCILMEMBERS : Cohen, Heller, Miller and Vice -Mayor Phillips
NOES: COLJNCILMEMBERS : None
DISQUALIFIED
/ABSENT: COLTNCILMEM 3ERS : Mayor Boro ( due to conflict of interest)
JEANNE M. LEONCINI
City Clerk
141\13\116316.1 3
1210 `1998 11:11 9'-59472095 ARWS PAGE 14
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Date: June 1, 1998 (St]
File: 4.870.03
A RIGHT-OF-WAY FOR PUBLIC STREET PURPOSES
That certain parcel located in the City of San Rafael, Marin County, California, more particularly
described as follows:
Beginning at a point on the southerly line of Second Street, distant South 06'45'00" West 14.00 feet,
and Notch 83°33'00" West 156.00 feet from the monument shown on the Map of a Portion of
Lindaro Street, City of San Rafael, recorded in Book 2 of Official Surveys, at Page 83, Marin
County Records, as marking the intersection of the centerline of Lindaro Street with the curb line
on the southerly side of Second Street;
thence along said southerly line of Second Street North 83033'00" West 241.53 feet to the
northeasterly comer of the parcel conveyed to Steve Zappetini & Sons by deed recorded May 4,
1976 in Book 3026 of Official Records, at Page 682, Marin County Records;
thence along the easterly line of said Zappetini parcel South 06°38'05" West 2.10 feet;
thence leavings said easterly line, South 83°33'00" East 65.37 feet;
thence North 5102700" East 1.41 feet;
thence South 83°33'00" East 16.00 feet;
thence South 38°33'00" East 1.41 feet;
thence South 83°33'00" East 107.92 fcct;
thence North 51°27'00" East 1.41 feet;
thence South 83°33'00" East 16.00 feet;
thence South 38°33'00" East 1.41 feet;
thence South 8333'00" East 32.24 feet;
thence North 06°38'05" East 2.10 feet to the point of beginning.
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SSOCIATED RIGHT OF WAY SERVICES, INC.
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June 17, 1998
Mr. Michael San Julian
Pacific Gas and Electric Company
111 Stony Circle
Santa Rosa, CA 95401-9599
RE: City of San Rafael
Second Street Widening
APN: 013-012-12 (SBE: 135-21-15-3)
Dear Mr. San Julian:
Associated Right of Way Service, Inc, (AR/WS), has been retained by the City of San Rafael (City) to
assist in acquiring property rights necessary for the above project. This package contains materials related
to the City's offer to purchase property for this public project
Attached for your review are the following documents:
1. Appraisal Summary Statement
2. Property Purchase Agreement (4)
3. Grant Deed (2)
4. Right of Entry Latter
If the documents are acceptable, please have three (3) Property Purchase Agreements executed (see red
tabs), and the Grant Deed executed (see red tab). The signature on the Grant Deed must be notarized All
documents can be returned to our office in the self-addressed envelope or we can arrange to pick them up.
NOTE: A proposed Right of Entry letter has been included to help facilitate the acquisition process. This
is the same Right of Entry letter the P. Bruce Benzler, Manager of Building and Land Services, signed on
June 4, 1996, for the City of San Rafael's Andersen Drive Projcct effecting the same parcel.
Don Shelhart is the AR/WS representative assigned to work with you during the acquisition process.
Thank you in advance for your cooperation.
Sincerely,
Wm. S. Tannenbaum,S
Right of Way Consultant v
City of San Rafael
WST:odr
Attachments (8)
cc: Diane Reiff, City of San Rafael
Don Shelhart, AR/WS
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Corporate Office -- 3496 Buskirk Avenue, Suite 145 - Pleasant He, CA 945M - (925) 947-5826 - Fax (925) 947-2095
Branch Office 35 E. 10M Sheet - Tracy. CA 95376 • (800) 558-5151
E -mall: arws@arws.com
10/05/1998 14:53 9259472@°5 ARWS PAGE 24
n...4; 013.012.12 (SHE: 135-21.15-3)
CPI Y OF SAN RAFAEL
APPRAISAL SUMMARY STAT MENT
OWNER:
PROPERTY LOCATION:
TONING: •
PRESENT USE:
BEST UsE:
TOTAL PROPERTY AREA:
PROPERTY TO BE ACQUIRED:
PROPERTY INTEREST TO BE ACQUIRED:
Pacific Cas and Electric Company
907 Second Street
P/Q-P (Public/Quasi-public)
Utility Substation
Commercial
6.0 acres (portion is substation)
473 sf.
Gd Fee Simple D Perpetual Easement
O Temporary Construction Easement
Market Value of Required Property:
55,913.00
Fee Simple: 473 sf. x S25/sf. x 50% a $3,913.00
Improvements: (Construction contract work by City to replace 250' chainlink
fence and Shrubs.) - 0 -
The market value of the property being purchased is based on market value appraisal prepared in accordance with
accepted appraisal procedures. The valuation of you commercial property has been based on an analysis of r=nt
sales of similar properties in the immediate area. The appraiser has given full and careful consideration to the
highest and best use for development of the property and to all features inherent in your property. A map of the area
to be acquired is attached hereto as Exhibit "A"
An owner -occupant of a residential property, containing four (4) units or less, has the right to review the City's
appraisal.
Amount of damages to remaining property due to
City's acquisition is: -0.
Total Payment is: $5,913.00
This summary of the basis of the amount offered as just compensation is presented in compliance with the Federal
and State law and has been derived from a formal. independent appraisal, which includes supporting sales data and
other documentation. Said just compensation is not less than the approved appraisal of the fair market value of the
Ply.
Fair market value is defined as the highest price that would be agreed to by a seller, being willing to sell but under
no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready. willing and able to buy
but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and
purposes for which the property is being reasonably adaptable and available.
CrrY OF SAN RAFAEL
APPRAISAL APPROvFm AND OFFER OF JUST COMPENSATION
,AUTHORIZED FOR PRESENTATION:
By:
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10/05/1998 14:53 9259472095 ARWS PAGE 25
Appraisal Summary Statement (Can't)
The City of San Rafael (City) is proposing to improve the 907 Second Street.
Your property, located on Second Street in San Rafael, is within the project area and is also identified as County
Assessor's Parcel Number 013-012-12 (SSE: 135-21-I5-3).
Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the California
Relocation Assistance and Real Property Acquisition Guidelines require that each owner from whom the Agency
purchases real property or an interest therein or each tenant owning improvements on said property be provided with
a summary of the appraisal of the real property or interest therein, as well as the following information.
1. You are entitled to receive full payment prior to vacating the property being purchased unless you have
heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the
pro rata portion of real property taxes which are allocable to any period subsequent to the passage of
title or posscasiorr.
2. The Agency will offer to purchase any remnants considered by the Agency to be uneconomic units
which are owned by you or, if applicable, occupied by you as a tenant and which are contiguous to the
land being conveyed.
3. All underground facilities owned by Grantor, within land described in the referenced documents, will
be reserved to Grantor. The interest acquired is fee simple. The property rights being purchased
comprises 473 square feet and is also described in the Property Purchase Agreement and outlined on
the map therein.
4. The market value of the property being purchased is based upon a market value appraisal which is
summarized on the Appraisal Summary Statement and such amount
a. Represents the full amount of the appraisal of just compensation for the property to be
purchased;
b. Is not less than the approved appraisal of the fair market value of the property as improved;
e. Disregards any decrease or increase in the fair market value of the real property to be acquired
prior to the date of valuation caused by the public improvement for which the property is to be
acquired or by the likelihood that the property would be acquired for such public
improvement, other than that due to physical deterioration within the reasonable control of the
owner or occupant; and
d. Dies not reflect any consideration of or allowance for any relocation assistance and payments
or other benefits which the owner is entitled to receive under an agreement with the Agency.
5. The owner of a business conducted on a property to be acquired, or conducted on the remaining
property which will be affected by the purchase of the required property, may be entitled to
compensation for the loss of goodwill. Entitlement is contingent upon the owner;' ability to prove such
Ioss in accordance with the provisions of Section 1263.510 and 1263.520 of the Code of Civil
Procedure.
6. if you ultimately elect to reject the Agency's offer for your property, you are entitled to have the amount of
compensation determined by a court of law in accordance with the laws of the State of California.
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(415) 8924763 FAX (415) 892-4502
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