HomeMy WebLinkAbout082-2013RESOLUTION NO. 82-2013
RESOLUTION OF NECESSITY AUTHORIZING THE ACQUISITION OF
PROPERTY BY EMINENT DOMAIN FOR WIDENING AND IMPROVEMENTS OF
SAN RAMON VALLEY BOULEVARD (1435 SAN RAMON VALLEY BOULEVARD)
(CODE OF CIVIL PROCEDURE SECTION 1245.220)
WHEREAS, the Town of Danville ( "Town'), through project conditions of approval,
has previously required the subdivider/ developer of the Elworthy Ranch subdivision
to construct frontage improvements to the entire length of the Elworthy Ranch
property. Those improvements include widening San Ramon Valley Boulevard from
two travel lanes to four, constructing a pedestrian sidewalk to connect properties south
of the Elworthy Ranch to Downtown Danville, constructing bike lanes along San
Ramon Valley Boulevard, installing street lights and undergrounding utilities (the
"Subdivision Improvements "); and
WHEREAS, two separate properties under separate ownerships front onto San Ramon
Valley Boulevard, surrounded by the Elworthy Ranch property. The Subdivision
Improvements do not include these properties, meaning that the street widening and
bicycle/ pedestrian safety improvements would stop at these two properties; and
WHEREAS, in 2010 the Town entered into a Development Agreement with the
Elworthy Ranch subdivider in which the subdivider agreed to extend the Subdivision
Improvements across these intervening properties if the Town acquired the necessary
rights of way; and
WHEREAS, the Town has the necessary right of way across one of the two properties
but not across the property located at 1435 San Ramon Valley Boulevard; and
WHEREAS, the Town desires to acquire certain property at 1435 San Ramon Valley
Boulevard in order to widen San Ramon Valley Boulevard from two travel lanes to four,
construct a pedestrian sidewalk, and construct a bike lane along San Ramon Valley
Boulevard ( "Project "); and
WHEREAS, in order for the Subdivision Improvements to be extended across the
property for the Project located at 1435 San Ramon Valley Boulevard, it is necessary to
acquire 11,339 square feet of fee simple right -of -way as well as 2,095 in a non - exclusive
temporary construction easement( "TCE ") (collectively the "Property "); and
WHEREAS, the Town is authorized to acquire the Property described in Exhibit A,
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
OAK #4845- 6792 -8846 v1
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 for the Project is a portion of the property
located at 1435 San Ramon Valley Boulevard, Danville, California (APN 208 - 230 - 006 -8).
The Property to be acquired is described in Exhibit A, attached hereto, and shown on
the plat Exhibit B, attached hereto and incorporated herein; and
WHEREAS, the TCE shall be non - exclusive and shall commence after no fewer than
fifteen (15) days written notice is provided by the Town to the property owner
reflecting the Towns intent to start construction on the Project and make use of the
TCE. The TCE shall terminate six (6) months after the day it is created by the Towns
notice or immediately upon written notice by the Town to the property owner that the
Town no longer requires use of the TCE, whichever is sooner. In no event shall the
Temporary Construction Easement exist after September 17, 2015; and
WHEREAS, on August 29, 2013, 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 September 17, 2013 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.
PAGE 2 OF RESOLUTION NO. 82-2013
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 has previously fully complied with the California
Environmental Quality Act ( "CEQA ") for the Project. The impacts of the acquisition of
the Property were analyzed by the Town Council on May 4, 2010 when the Town
adopted a Negative Declaration of Environmental Significance for the Elworthy Ranch
Development Agreement, which included the Project across 1435 San Ramon Valley
Boulevard. No subsequent Environmental Impact Report or Negative Declaration is
required by State CEQA Guidelines Section 15162 for the Project.
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.
APPROVED by the Danville Town Council at a regular meeting on September 17, 2013,
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Arnerich, Storer, Morgan, Stepper
None
None
Doyle
APPROVED AS TO FORM:
7.
CITY ATTORNEY
PAGE 3 OF RESOLUTION NO. 82-2013
OAK 44845- 6792 -8846 v1