HomeMy WebLinkAbout044-2012RESOLUTION NO. 44-2012
RESOLUTION OF NECESSITY AUTHORIZING THE ACQUISITION OF
PROPERTY BY EMINENT DOMAIN FOR CAPITAL IMPROVEMENT
PROJECT C -319 (179 -183 HARTZ AVENUE)
(CODE OF CIVIL PROCEDURE SECTION 1245.220)
WHEREAS, the Town of Danville ( "Town ") has previously funded Capital
Improvement Project C -319 for Hartz Avenue Beautification -Linda Mesa to Railroad, in
order to beautify Hartz Avenue by providing street frontage improvements, including
curb, gutter, sidewalk, landscaping, and lighting ( "Project "); and
WHEREAS, in order for the Project to proceed, it is necessary to acquire right -of -way
along certain properties located on Hartz Avenue, including 796 square feet along 179-
183 Hartz Avenue ( "Property"); and
WHEREAS, the Town is authorized to acquire the Property described in Exhibit A,
attached hereto, 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., and pursuant to Government Code
sections 40401, 40404, and 37350.5; and
WHEREAS, the Property to be acquired is a portion of the property located at 179 -183
Hartz Avenue, Danville, California (APN 199 - 330 -008). The Property to be acquired is
described in Exhibit A, attached hereto, and shown on the plat Exhibit B, attached
hereto; and
WHEREAS, on March 5, 2012, the Town mailed a notice of hearing on the intent of the
Town Council of the Town of Danville 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 March 20, 2012 at the time
and place stated therein, and all interested parties were given an opportunity to be
heard.
NOW, THEREFORE, THE TOWN OF DANVILLE TOWN 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 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 Town has complied with all conditions and statutory requirements
necessary to exercise the power of eminent domain to acquire the Property described
herein.
6. The Town Council finds the Project exempt from environmental review
under the California Environmental Quality Act (CEQA), because of the applicability of
the Class 1 categorical exemption (CEQA Guidelines section 15301) for the operation,
repair, maintenance, and /or minor alteration of existing public structures and /or
facilities. The Council finds that there is substantial evidence in the record that
supports the application of the Class 1 categorical exemption.
7. The Town 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 Town may deposit with the State Treasury the probable amount of
compensation and obtain an order permitting the Town of Danville to take
prejudgment possession of the Property.
PAGE 2 OF RESOLUTION NO. 44-2012
APPROVED by the Danville Town Council at a regular meeting on March 20, 2012, by
the following vote:
AYES: Andersen, Arnerich, Doyle, Storer
NOES: None
ABSTAINED: None
ABSENT: Stepper
MAYOR
APPROVED AS TO FORM: ATTEST:
CITY ATTORNEY r CITY
PAGE 3 OF RESOLUTION NO. 44-2012
EXIMIT "A"
LEGAL DESCRIPTION
ALL THAT REAL PROPERTY SITUATED IN THE TOWN OF DANVILLE, COUNTY OF CONTRA COSTA,
STATE OF CALIFORNIA, BEING A PORTION OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN
THE DEED TO THE STEADY LAND COMPANY, A LIMITED PARTNERSHIP RECORDED DECEMBER 20,
1979 AT DOCUMENT NO. 79-186453-00, CONTRA COSTA COUNTY RECORDS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF LANDS OF THE STEADY LAND COMPANY, SAID
POINT ALSO BEING THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND AS
DESCRIBED IN THE DEED TO ROSALAND A. HIRSCH, RECORDED APRIL 21, 2000 IN DOCUMENT
NUMBER 2000 - 0081529 -00, CONTRA COSTA COUNTY RECORDS,
THENCE LEAVING SAID POINT OF BEGINNING ALONG THE SOUTHEASTERLY LINE OF SAID LANDS
OF STEADY LAND COMPANY, SOUTH 53 13 "WEST, A DISTANCE OF 12.77 FEET;
THENCE LEAVING SAID SOUTHEASTERLY LINE, NORTH 61 °50'24" WEST A DISTANCE OF 11.04
FEET;
THENCE ALONG A LINE PARALLEL WITH AND 38.59 FEET WESTERLY, MEASURED AT RIGHT
ANGLES FROM THE MONUMENT LINE OF HARTZ AVENUE AS SAID LINE IS SHOWN ON THE
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT DRAWING #5301, NORTH 38 °42' 10" WEST
A DISTANCE OF 40.06 FEET TO THE NORTHWESTERLY LINE OF LANDS OF THE STEADY LAND
COMPANY;
THENCE NORTH 53 °31' I3 "EAST A DISTANCE OF 15.60 FEET TO THE NORTHEASTERLY LINE OF
LANDS OF THE STEADY LAND COMPANY;
THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 40 0 25'47" EAST A DISTANCE OF 50.12 FEET TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 796 SQUARE FEET, MORE OR LESS.
THE ABOVE DESCRIBED PROPERTY IS SHOWN AND DELINEATED ON EXHIBIT `B" ATTACHED
HERETO AND MADE A PART HEREOF.
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EXHIBIT B
Steady Land Company
c/o Kaplan Property Manager
P.O. Box 36
Danville, CA 94526
NOTICE OF INTENTION
TO ADOPT A RESOLUTION OF NECESSITY
TO ACQUIRE PROPERTY BY EMINENT DOMAIN
TOWN OF DANVILLE
(Street Improvement Project)
Re: Notice of Hearing Regarding Adoption of a Resolution of Necessity to Acquire Property
by Eminent Domain [California Code of Civil Procedure section 1245.2351.
1. Notice of the Intent of the Town of Danville to Adopt a Resolution of
Necessity and Hearing. The Town Council of the Town of Danville intends to hold a hearing to
consider whether a Resolution of Necessity should be adopted which, if adopted, will authorize
the Town of Danville ( "Town ") to acquire the real property described herein by eminent domain
for a Street Improvement Project ( "Project "). Attached hereto as Exhibit "A" is a legal
description and plat snap depicting the property which is required for the Project. You are being
sent this notice as your name appears on the last equalized Contra Costa County assessment roll,
DATE OF HEARING: March 20, 2012
TIME OF HEARING: 7:30 p.m., or as soon thereafter as the matter may be
heard.
PLACE OF HEARING: The regular meeting place of the Town Council of the
Town of Danville, Town Meeting Hall, 201 Front Street, Danville, California.
2. Notice of Your Right to Appear and Be Heard. You have a right to appear and
be heard before the Town Council at the above scheduled hearing on the following matters and
issues, and to have the Town 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 require 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;
C. Whether the interest in property sought to be acquired by eminent domain
is necessary for the Project; and
d. Whether the offer required by Government Code section 7267.2 was made
to the owner of record.
OAK 114833- 3317 -6075 v1
EXHIBIT C
The statutes which authorize the Town 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 of the Government Code and 10102 of the Streets and Highway
Code, 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 Town Clerk
within fifteen (15) days after this notice was mailed. You must file your request to be heard at:
Town Clerk, 510 La Gonda Way, Danville, CA 94526. Should you elect to mail your request to
the Town Clerk, it must be actually received by the clerk for filing within fifteen (IS) 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 "[fJailure 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 Town 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 Town 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 Town Cotmcil elects to adopt the Resolution of Necessity, then within six months
of the adoption of the Resolution, the Town of Danville will commence eminent domain
proceedings in Superior Court. In that proceeding, the Court will determine the amount of
compensation to which you are entitled.
TOWN OF DANVILi
By:
Marrc Sunse , Town Clerk
Dated and mailed one.., -_ �/Z
cc: Daniel F. Reidy
Law Offices of Daniel F. Reidy
270 Blair Mine Road
Angeles Camp, CA 95222
OAK #4833$327.6078 V1
EXHIBIT 44 A'>
LEGAL DESCRIPTION
ALL THAT REAL PROPERTY SITUATED IN THE TOWN OF DANVILLE, COUNTY Or' CONTRA COSTA,
STA'I'1 OFCALIFORNIA, BEING A PORTIQNOF THAT GEAI'AI'N PAR, LAND AS DESCRIBED IN
1'HE DEED'TO TIME STEADY LAND COMPANY', .A LIMITED PARTNG1LSHa' RECORDED DECEMBER 20,
19'/9 A1' DOCUMENT NO. 79- 186453 -00, CONTRA COSTA COUNTY RECORDS, AND BE
MORE
PARTICULARLY I)TISCRII,,1ED AS FOLLOWS;
BEGINNING AT THE MOST VASTLRLY CORI4ER OF LANDS OF T11F STEADY LAND COMPANY, SAID
POINT ALSO BEING TI-ff MOS'T'NORT'I I17RLY CORNER OF THAT C! RYAIN PARCEL OF LAND AS
DESCRMED IN THE DEED TO ROSALANO A. HIRSCH. RECORDED APRIL 21, IN DOCOMENT
NUMBER 2000-0081529-00, CONTRA COSTA COUNTY RECORDS,
THENCE LEAVING SAID POINT OF BEGINNING ALONG THE SOUTHEASTERLY LINE OF SAID LANDS
OF STEADY LAND COMPANY, SOUTH 53'31' 13 "WEST, A DISTANCE OF 12.77 FEAT;
THENCE LEAVING SAID SOUTHEASTERLY LINE, NORTH 61 °50'24" WESTA DISTANCE OF 11.04
FEET; ,
TI1.13NCE ALONG A LINE PARALLEL WIITII AND 38,59 FLFT WESTERLY, MEASURED AT R1GIIT
ANGLES FROM111F1 MONUMENT LIN:OF HARTL AVENUE AS SAID LINE IS SI10 ON TIME
CONTRA COS'T'A. COUNTY PUBLIC WORKS DEPARTMENT DRA W ING 45301, NORTI-13$ °42' 10" W13ST
A DISTANCE OF 40.06 FEE'(' "TO THE NORTII.WESTERL.Y LINE OF LANDS OF THE STEADY LAND
COMPANY;
THENCE NORTH 53 °31' 13 "EAST A DISTANCE OF 150 FEET TO THE NORTHEASTERLY LINE OF
LANDS OF THE STEADY LAND COMPANY;
THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 40 0 25'47" EAST A DISTANCE OF 50.12 FEET TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 796 SQUARE FEET, MORE OR LESS.
THE ABOVE DESCRIBED PROPERTY IS SHOWN AND DELINEATED ON EXHIBIT "B" ATTACHED
HERETO AND MADE A PART HEREOF.
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