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Home My WebLink AboutCC Resolution 15115 (Hearing on Resolution of Necessity Initiating Eminent Doman Proces to Acquire a Portion of 700-740 Francisco Blvd West) - 1 - OAK #4861-7702-7625 v1 RESOLUTION NO. 15115 A RESOLUTION TO DETERMINE THE NECESSITY TO ACQUIRE A PORTION OF PROPERTY BY EMINENT DOMAIN IN CONNECTION WITH PHASE 1 OF THE FRANCISCO BOULEVARD WEST MULTI-USE PATHWAY PROJECT; TO AUTHORIZE COMMENCEMENT OF LITIGATION TO ACQUIRE PROPERTY BY EMINENT DOMAIN; AND TO SEEK AN ORDER OF POSSESSION (CODE OF CIVIL PROCEDURE SECTION 1245.220) Property: Approximately 18,398 square foot Portion of 700/740 Francisco Blvd. West, San Rafael, California (APNs 018-014-66 and 018-014-67) WHEREAS, the City Council has determined that the City of San Rafael (“City”) needs to acquire certain property interests in connection with Phase 1 of the Francisco Boulevard West Multi-Use Pathway project. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City, by vote of four-fifths or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES the following: 1. The City has constructed Phase 1 of Francisco Boulevard West Multi-Use Pathway project (“Project”), which includes the construction of a bicycle and pedestrian pathway between Andersen Drive and Rice Drive in San Rafael. The Project included, but is not limited to, an asphalt pathway, fencing to separate the pathway from the SMART tracks, retaining walls, lighting, striping, a pedestrian crosswalk signal, and other supporting items. The Project is for a public use. 2. In connection with the Project, the City needs to acquire approximately 18,398 square feet of that certain privately owned property known as 700/740 Francisco Boulevard West, San Rafael, California (APNs 018-014-66 and 018-014-67) and more particularly described and depicted on Exhibit A attached to this Resolution and incorporated herein (“Property”). The Property is necessary for the Project. 3. The City is authorized to acquire the Property by eminent domain for the public use set forth herein in accordance with the California Constitution, Article 1, Section 19; the California Eminent Domain Law, Code of Civil Procedure Section 1230.010 et seq., including, but not limited to, sections 1240.010 through 1240.050 inclusive, and sections 1240.110, 1240.120, 1240.150, 1240.220, 1240.320, 1240.330, 1240.350, 1240.410, 1240.510, 1240.610, 1240.650, and 1240.660; Government Code sections 37350.5 and 38730; Streets & Highway Code Section 10102; and other provisions of law. 4. On July 15, 2022, the City mailed a Notice of Intention to Adopt a Resolution of Necessity (“Notice of Intention”) for acquisition by eminent domain of the Property, which notice is attached hereto as Exhibit B, and incorporated herein. The - 2 - OAK #4861-7702-7625 v1 Notice of Intention was mailed to all persons whose name(s) appear on the last Equalized County Assessment Roll as having an interest in the Property, 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 of Hearing on the date and at the time and place stated. 5. The hearing referenced in the Notice of Intention was held on August 1, 2022, at the time and place stated in said notice, and all interested parties were given an opportunity to be heard. The hearing was then closed. 6. Based upon the evidence presented at the hearing, the City Council of the City of San Rafael finds, determines, declares, and resolves each of the following: A. The public interest and necessity require the proposed Project; B. The interests in the Property sought to be acquired by eminent domain are necessary for the Project; C. The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; D. The City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Property described herein, as well as any other matter regarding the right to take said Property by eminent domain, including but not limited to, making the offer required by Government Code Section 7267.2(a); and E. The City has fully complied with the California Environmental Quality Act, Public Resources Code Section 21000 et seq., for acquiring the Property described herein when on December 4, 2017, the City adopted a Mitigated Negative Declaration for the Project in Resolution No. 14428. 7. The City Attorney is hereby authorized to acquire in the name of the City the Property described in this Resolution in accordance with the provisions of California Eminent Domain Law, to commence an action in eminent domain, to deposit the probable amount of compensation with the California State Treasury, to apply to the Superior Court for an order permitting the City to take immediate possession and make immediate use of the Property for the Project, and to take all necessary steps to acquire the Property under the law. - 3 - OAK #4861-7702-7625 v1 I, Lindsay Lara, 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 the City of San Rafael, held on Monday, the 1st day of August 2022 by the following vote, to wit: AYES: Councilmembers: Bushey, Hill, Kertz & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: Llorens Gulati Lindsay Lara, City Clerk – – – – – – – – – – – List of Exhibits: A. Legal Description and Plat Map of the Property B. Notice of Intention to Adopt a Resolution of Necessity May 29 , 2019 Exhibit A LEGAL DESCRIPTION FOR RIGHT OF WAY (RW) TAKE APN 018-014-67 AND 018 -014-66 A portion or Real Property situated in the City of San Rafael, County of Marin , State of California, more particularly being a portion of the Lands of Francisco Boulevard Investors, LLC as described in that certain Grand Deed Recorded in Series 2004- 0052865 in the Office of the County Recorder of said Marin County in addition to a portion of the Lands of Francisco Boulevard Investo rs, LLC as described in that certain Grand Deed Recorded in Series 2011 -0052704 in the Office of the County Recorder of said Marin County; said portions being more particularly described as follows : Beginning at the most easterly corner of said Lands of Francisco Boulevard Investors, LLC as described in that certain Grand Deed Recorded in Series 2011 -0052704 ; thence along the boundary of said Lands South 49 °38'54" West 17 .00 feet; thence continuing along the boundary of said Lands North 49 °10'05" West 381.01 feet to the northeasterly Right of Way Line of the Lands of the Sonoma-Marin Area Rail Transit (SMART) District; thence along said northeasterly Right of Way Line North 40 °20'55" West 102.25 feet to the most southerly corner of said Lands of Francisco Boulevard Investors, LLC as described in that certain Grand Deed Recorded in Series 2004-0052865 ; thence along said northeasterly Right of Way Line and the southwest line of said Lands of Francisco Boulevard Investors , LLC North 40 °20'55" West 90 .39 feet; thence into said Lands of Francisco Boulevard Investors, LLC North 49 °39'05" East 24 .60 feet; thence South 40 °20'55 " East 90.39 feet to a point on the easterly line of said Lands of Francisco Boulevard Investors , LLC, said point also being on the westerly line of aforesaid Lands of Francisco Boulevard Investors, LLC as described in that certain Grand Deed Recorded in Series 2011-0052704 ; thence into said Lands South 40 °20 '55" East 172.11 feet; thence North 46 °51 '05" East 40 .86 feet; thence South 51 '45'27 " East 50.51 feet to a point on the boundary line of said Francisco Boulevard Investors, LLC; thence along said boundary line South 40 °21 '08" East 259 .13 feet to the Point of Beginning. Contains 18 ,398 sq . ft. (0.422 acres) more or less Bearings based upon the California Coordinate System (CCS 83, Zone 3) All distances are in feet and decima ls thereof. 1 of 1 NOTE: RW TAKE AREA IN APN 018-014-67 =2,223 SQ . FT. (0.051 AC) more or less RW TAKE AREA IN APN 018-014-66 =16, 175 SQ. FT. (0.371 AC) more or less EXHI BIT B LINE TABLE LINE LENGTH BEARING L1 17,00 L2 24.60 L3 40,86 L4 50,51 TOTAL AREA TAKE 18,398 Sq Ft 0.422 Ac . S49 °38'54'\./ N49 °39'05'E N46 °51'05'E S51 • 45'27'E SAN RAFAEL SANITATION DISTRICT 2001-11916 GRAPHIC SCALE 100 0 50 100 ~-••• I I ( IN FEET ) 1 inch = 100 ft. C HA UDHARY & ASSOCIATES. INC~ ENG INEERS SURVEYORS IN SPECTORS ------------211 Gateway Road West, Suite 204 NAPA, CALIFORNIA 94558 Tel : (707) 255-2729 FAX. (707) 255-5021 WWW.CHAUDHARY .COM LEGEND APN ASSESSOR'S PARCEL NUMBER M.C.R. MARIN COUNTY RECORDS P.0.8. POINT OF BEGINNING RW RIGHT OF WAY (T) TOTAL DISTANCE RIGHT OF WAY TAKE OVER A PORTION OF THE LANDS OF THE FRANCISCO BLVD. INVESTORS, LLC AS RECORDED IN SERIES 2004-0052865 AND 2011-0052704 FILED IN MARIN COUNTY RECORDERS OFFICE MAY 29, 2019 STATE OF CALIFORNIA SHEET 1 OF 1 Q:\2015\15-12-050 Kimley Horn\Closures\RW-Take-Area.txt Created on 5/29/2019 11:00:00 AM Created by H. Korstick , PLS Parcel name: RW-Take-Area North: 2178526 .9697 East : 5981655. 7144 Line Course: s 49-38-54 w Length: 17 .00 North: 2178515 . 9626 East : 5981642 .7589 Line Course : N 49 -10-05 w Length: 381 .01 North: 2178765 .0832 East : 5981354.4751 Line Course: N 40 -20 -55 W Length: 192. 64 North: 2178911. 8978 East 5981229 .7529 Line Course: N 49-39-05 E Length: 24 .60 North: 2178927 .8151 East 5981248.5093 Line Course : s 40-20-55 E Length : 2 62 . 4 9 North: 2178727.7740 East 5981418 .4485 Line Course : N 46-51-05 E Length : 40 .86 North: 2178755 .7179 East 5981448 .2592 Line Course: s 51-45-27 E Length : 50 .51 North : 2178724.4526 East 5981487. 9296 Line Course: s 40 -21-08 E Length: 259.13 North: 2178526 .9752 East : 5981655 .7123 Perimeter: 1228 .24 Area : 18,398 Sq Ft 0.422 Ac . Mapcheck Closure -(Uses Error Closure: 0.0058 Error North: 0.00546 Precision 1: 211 ,763.79 listed courses , radii , and deltas) Course : N 20-23 -21 W East : -0 .00203