HomeMy WebLinkAboutStaff Report 1.A 05/23/2005CITY OF PETALUMA, CALIFORNIA
1.A
AGENDA BILL May 23, 2005
Agenda Title: Resolution of Necessity Approving Filing of Meetine Date:
Eminent Domain Action to Acquire Property for Railroad Industry May 23, 2005
Track Relocation at Lakeville Street and Madison Street: APN: 007-
072-024, 007-072-029, 007-072-030, 007-072-031. Meeting Time: ® 6:00 PM
❑ 7:00 PM
Category (check one): ❑ Consent Calendar ❑ Public Hearing ® New Business
❑ Unfinished Business ❑ Presentation
Department: Director: Contact Person: Phone Number:
Water Resources and Michael Ban, P.E. Dean Eckerson, 778-4304
Conservation W P.E.
Cost of Proposal: $748,720
Amount Budgeted: $782,000
Attachments to Agenda Packet Item:
• Agenda Report
Account Number: 8220-C500103
Name of Fund: Storm Water
• Attachment "A" — Industry Track Relocation Project Plan
• Attachment "B" —Notice of Intention to Adopt Resolution of Necessity, Property Description
• Resolution of Necessity to Acquire Property By Eminent Domain
Summary Statement:
In July 1996, the City of Petaluma and the U.S. Army Corps of Engineers (Corps) entered into a project
cooperation agreement (PCA) for design and construction of the Petaluma River Project. The purpose of
the project is to provide increased conveyance capacity and a greater level of flood protection through
channel improvements and bridge replacements. The Spur Line railroad trestle bridge was identified as a
significant flow restriction in the pre -design study. The preferred alternative recommended removal of the
trestle bridge and construction of the Railroad Industry Track Relocation Project to provide rail service to
the Dairymen's Feed property rather than reconstruction of the bridge. The Industry Track Relocation
Project required right-of-way acquisitions from two properties. One of the two properties is located at 138
Lakeville Street and is owned by George and Judy Weiner. An offer to purchase the subject property for
the appraised value was made on March 1, 2005; however, this offer has not been accepted by the property
owner.
Recommended Citv Council Action/Suggested Motion:
City Management recommends the City Council adopt the Resolution of Necessity to allow the City to
initiate eminent domain proceedings and to ensure the U.S. Army Corps of Engineers can begin
construction by September 2005 to avoid jeopardizing the federal funding.
Reviewed by Admin. Svcs Dir:
/ Date: ))
i l
Today's Date:
May 11, 2005
Review9'C'.ii'�Atfernev:
i
Revision # and Date Revised:
Approve ),City Manager:
Date:
File Code: S:\CLP. Folder\DRAINAGE
Folder\9044 RR Industry Track Relocation
Phase 2\2005 Agenda Bill.doc
CITY OF PETALUMA, CALIFORNIA
MAY 23, 2005
AGENDA REPORT
FOR
RESOLUTION OF NECESSITY APPROVING FILING OF EMINENT DOMAIN
ACTION TO ACQUIRE PROPERTY FOR RAILROAD INDUSTRY TRACK
RELOCATION AT LAKEVILLE STREET AND MADISON STREET:
APN: 007-072-024, 007-072-029, 007-072-030, 007-072-031
EXECUTIVE SUMMARY: In July 1996, the City of Petaluma and the U.S. Army Corps of
Engineers (Corps) entered into a project cooperation agreement (PCA) for design and
construction of the Petaluma River Project. The purpose of the project is to provide
increased conveyance capacity and a greater level of flood protection through channel
improvements and bridge replacements. The Spur Line railroad trestle bridge was
identified as a significant flow restriction in the pre -design study. The preferred
alternative recommended removal of the trestle bridge and construction of the Railroad
Industry Track Relocation Project to provide rail service to the Dairymen's Feed property
rather than reconstruction of the bridge. The Industry Track Relocation Project required
right-of-way acquisitions from two properties. One of the two properties is located at 138
Lakeville Street and is owned by George and Judy Weiner. An offer to purchase the
subject property for the appraised value was made on March 1, 2005; however, this offer
has not been accepted by the property owner.
City Management recommends the City Council adopt the Resolution of Necessity to
allow the City to initiate eminent domain proceedings and the Corps can start
construction of the project by September 2005 to avoid jeopardizing the federal funding.
2. BACKGROUND: In July 1996, the City of Petaluma and the U.S. Army Corps of
Engineers (Corps) entered into a project cooperation agreement (PCA) for design and
construction of the Petaluma River Project. In general, this project consists of channel
improvements, road and railroad bridge replacements, along with the construction of
floodwalls for a portion of the river between the tuning basin and the junction with
Lynch Creek. The purpose of the project is to increase conveyance capacity of the river
and provide a greater level of flood protection. After seven years of construction
activities and the administration of various contracts by the Corps, the Petaluma River
Project is nearing completion.
The City of Petaluma, as the local sponsor for the project, is responsible for contributing
a minimum of 25 percent of the project costs. The PCA also requires the City to provide
the necessary lands, easements, and rights-of-way for construction, operation, and
maintenance of the project, the value of which may be credited against the City's project
R
cost share. Acquisition of the subject property is necessary for relocation of the industry
spur railroad track serving Dairymen's Feed & Supply.
RAILROAD MAIN LINE AND SPUR LINE
There are two railroad track alignments, known as the Main Line and the Drill Line,
crossing the Petaluma River within the limits of the flood control project. During the
project design phase, it was determined the soffit elevations on both the existing railroad
bridges were below the design water surface elevation for the Petaluma River. Since the
flood control project required a minimum clearance of 1.5 feet above the design water
surface elevation for all bridge crossings, the project called for demolition of the Main
Line and Spur Line bridges and reconstruction of one or both bridges, depending on the
alignment alternative selected. A pre -design study was conducted to analyze alternatives
for replacement of the two railroad bridge crossings while minimizing disruption of rail
service. The preferred alternative included replacement of only the Main Line bridge and
construction of the relocated Industry Track Project, allowing for removal of the Spur
Line bridge. The Railroad Industry Track Relocation Project provides rail service to the
Dairyman's Feed Property from the main line in the vicinity of Lakeville Street and
Madison Street, eliminating the need to replace the Spur Line bridge over the Petaluma
River.
RAILROAD INDUSTRY TRACK RELOCATION
The Spur Line bridge formerly provided rail service to the Dairyman's Feed facility via
the Industry Track. Rail freight service was discontinued in September 2001 due to
increased operating costs and reduced state and federal funding to the railroad. As a
result, the grain and grain products are shipped to and from Dairymen's by truck.
The Spur Line bridge must be removed from the floodway because the trestle design of
the structure restricts the flow and traps debris during storm flows. If the trestle bridge
were to be replaced, the new bridge would have to be four feet higher. Relocation of the
Industry Track to the south side of the river is an alternative to reconstructing and raising
the Spur Line bridge. The pre -design study included an investigation of alternatives for
providing floodway clearance and maintaining rail service along the existing alignment.
The location of the feed facility with respect to the river crossing makes it very difficult
to develop the grade transitions within industry standards. Reconstruction of the bridge
and track to provide service to this one facility is not economically feasible, and the cost
substantially exceeds the funding available to complete the Petaluma River Project. The
Corps' estimated cost for reconstruction of the Spur Line bridge and track is $6.2 million.
Relocation of the Industry Track to the south side of the River and demolition of the
existing trestle bridge for an estimated cost of $1.9 million was ultimately identified as
the preferred alternative. This alternative was approved by the Sonoma Marin Area Rail
Transit Board in May 2004.
The Industry Track Relocation Project is illustrated in Attachment "A". The project
includes constructing a switch on the new Main Line near the existing Longs Drugs
3
building, with a curve bearing towards Dairymen's Feed & Supply. This alignment
requires right-of-way across the portions of two properties and would use the existing
City right-of-way southwest of the Lakeville Street and Madison Street intersection.
RIGHT-OF-WAY NEEDS
The Industry Track Relocation alignment was designed to minimize the right-of-way
needs yet still meet the railroad design standards. One of the two properties affected by
the proposed acquisition for the Railroad Industry Track Relocation is located at 138
Lakeville Street and is owned by George and Judy Weiner. The size of the acquisition is
37,261 square feet, with an appraised value of $748,720. The property is highlighted on
Attachment "A". The City made an offer to purchase the subject property on March 1,
2005, pursuant to Government Code Section 7267.2; however, this offer has not been
accepted by the property owner.
PROJECT SCHEDULE
The Railroad Industry Track Relocation Project plans are under final review, and the
Corps anticipates beginning construction on this project by September 2005. The City
must have possession of all the necessary right-of-way in order for the Corps to begin
construction of this project. According to the Corps, any delay in the project schedule
jeopardizes the federal funding for the project. Adoption of the Resolution of Necessity
by the City Council allows the City to initiate eminent domain proceedings to acquire the
necessary right-of-way in time to meet the Corps' project schedule. The Resolution of
Necessity is attached. A Notice of Intention to Adopt Resolution of Necessity and a
description of the property to be acquired (Attachment `B", copy attached) was provided
to the property owner in accordance with California Code Civil Procedure Section
1245.235.
ALTERNATIVES: The following alternatives are available:
a. Adopt the Resolution of Necessity, or
b. Do not adopt the Resolution of Necessity. This alternative would not
ensure the necessary right -or -way is available by August 2005, delaying
the project and jeopardizing the federal funding.
4. FINANCIAL IMPACTS: The right-of-way cost for the subject property is $748,720, based
upon the appraised amount. The value is summarized as follows:
Land $741,720
Paving/Fencing S 7,000
Total 748 720
If the matter proceeds to litigation, the City may be required to pay additional costs.
CONCLUSION: In July 1996, the City of Petaluma and the U.S. Army Corps of Engineers
entered into a project cooperation agreement to design and construct the Petaluma River
Project. As part of this agreement, the City is obligated to provide the necessary right -or -
way for the project. The subject parcel is part of the property located at 138 Lakeville
Street and is owned by George and Judy Weiner. The City retained an appraiser who
completed an appraisal of the property and determined the value of the subject parcel to
be $748,720. In March 2003, the City made an offer to purchase the subject parcel for the
appraised value; however, this offer has not been accepted by the property owner.
City Management recommends the City Council adopt the Resolution of Necessity to
allow the City to initiate eminent domain proceedings and to ensure the U.S. Army Corps
of Engineers can begin construction of the project by September 2005 to avoid
jeopardizing the federal funding.
6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR
COMPLETION: Obtain possession of the subject parcel by August 2005 in order to
complete the Petaluma River Project.
RECOMMENDATION: City Management recommends the City Council adopt the
Resolution of Necessity.
5
ATTACHMENT A
® INDUSTRY TRACK RELOCATION PROJECT
PLAN
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ATTACHMENT B
8 NOTICE OF INTENTION TO ADOPT RESOLUTION
OF NECESSITY
I
NOTICE OF INTENTION TO
ADOPT RESOLUTION OF NECESSITY
THE CITY OF PETALUMA
RAILROAD INDUSTRY TRACK RELOCATION AT LAKEVILLE STREET AND
MADISON STREET
APN: 007-072-024, 007-072-029, 007-072-030 and 007-072-031
NOTICE IS HEREBY GIVEN pursuant to California Code Civil Procedure
Section 1245.235 that it is the intent of the City of Petaluma to adopt a Resolution of
Necessity under Article 2 (commencing with Section 1245.210) of Chapter 4 of Title 7 of
Part 3 of the Code of Civil Procedure of the State of California and directing the filing of
eminent domain proceedings for the acquisition of certain real property, hereinafter
described.
NOTICE IS FURTHER GIVEN that.on the 23rd day of May, 2005, at the hour
of 6:00 P.M., in the regular meeting place of the City Council of the City of Petaluma,
Council Chambers, City Hall, 11 English Street, Petaluma, California, 94952, at the time
and place appointed and fixed by said City Council, when and where it will hear all
protests in relation to the adoption of said Resolution of Necessity and authorizing the
filing of eminent domain proceedings for the acquisition of fee title, which is more
particularly described in Exhibit "A" attached hereto and by this reference incorporated
herein. The property is to be acquired for the purpose of the Railroad Industry Track
Relocation at Lakeville Street and Madison Street.
NOTICE IS FURTHER GIVEN that any person interested may file a written
request to appear and be heard with the City Clerk of the City of Petaluma within fifteen
(15) days after the mailing of this notice (Mailing address: Claire Cooper, Interim City
Clerk of the City of Petaluma, 11 English Street, Petaluma, California 94952). Any
interested person who files such a timely request has the right to appear and be heard at
the time and place stated herein on the matters referred to in Section 1240.030 of said
Code of Civil Procedure, to wit:
(a) Whether the public interest and necessity require the project;
(b) Whether said 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 property sought to be acquired is necessary for said
project; and
0
(d) Whether the offer required by Government Code Section 7267.2
has been made to the owner of record.
NOTICE IS FURTHER GIVEN that the failure to file such a written request to
appear and be heard within fifteen (15) days after the mailing of this Notice will result in
waiver of the right to appear and be heard.
Dated: May 3, 2005
!b
THE CITY OF
Counsel
DECLARATION OF PROOF OF SERVICE
I, the undersigned, declare as follows:
I am a citizen of the United States and employed in the County of Alameda. I am over
the age of eighteen years and not a party to this action; my business address is 555 12th
Street, Suite 1500, Oakland, California, 94607.
On the date last written below, I served by FIRST CLASS MAIL, the attached NOTICE
OF INTENTION TO ADOPT RESOLUTION OF NECESSITY on the interested parties
in this action, by placing a true copy thereof in a sealed envelope(s), each envelope
addressed as follows:
George and Judy Weiner
Trustees of the Weiner Trust
23185 Millerick Road
Sonoma, California 95476
(3� (By First Class) I caused each such envelope, with postage thereon fully
prepaid, to be placed in the United States mail to be mailed by First Class
mail at Oakland, California.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct, and that this Declaration was executed on this 3'1 day of
May, 2005, at Oakland, California.
ycia
�MeBride
EXHIBIT "A"
OWN
Caw
Rltilroad indeatry Tyack Re tion
City of Petalema Proieet No. 1104W9044-7110
Being the Lands of Weiner, as described in that certain deed recorded as Document Humber
1991-0002811, Official Records, Sonata County Records, more particularly described as
followsl
Beginning at a found 3/4 inch iron pipe which marks the most westerly comer of the above
mentioned Lands of Weiner from which a found % inch iron pipe marldng the northeast corner
of said Lands bears North 68° 55 23" East, 476.07 feet, said iron pipes are shown and designated
on that certain Record of Survey Map filed October 11, 199D, in Book 461 of Maps, at Pages 42
and 43, Sonoma County Records; thence from said Point of Beginning and along the southerly
line of said Lands of Weiner South 430 53' 55" East, 38.83 feet to a point on said line which
marks the beginning of a non -tangent curve to the right whose center bears South 67" 28' 24"
East a distance of 313.78 feet; thence along said curve through a central angle of 83° 14' 33", an
arc length of 455.86 feet; thence North 35° 50'26" East, 12.74 feet to a point which marks the
beginning of a nn -tangent curve to the right whose center bears South 160 32' 18" West, 325.77
feet; thence along said curve through a central angle of 04° 25' 03", an arc length of 25.12 feet
to a point on the southeasterly line of the above mentioned Lands of Weiner, said line is
common with the northwesterly line of the Lands of J.R. Zukin Corporation, as shown on the
above mentioned Record of Survey; thence along said common line North 35° 50' 26" East,
18.71 feet to a found'/ inch iron pipe as shown on the above mentioned map, said iron pipe
marks a point on the southwesterly line of Lakeville Streer, thence along said southwest line of
Lakeville Street, North 540 28'43" West, 261.04 feet to the most northerly corner of said Lands
of Weiner (said comer is marked by a'/. inch iron pipe as shown on said Record of Survey Map
— not found); thence along the northwesterly line of Weiner, said line being -the southeasterly line
of Madison Street as shown on said Record of Survey Map, South 35" 40' 16" West, 397.44 feet
to the Point of Beginning.
Containing 37,261 square feet more or less.
The Basis of Bearings for this description is that certain Record of Survey Map filed October 11,
1990, in Book 461 of Maps, at Pages 42 and 43, Sonoma County Records.
page I of
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Railroad Indusm, Track Relocation
'i of PeWmaProtectNo.210400.9044-7110
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The intent of this description is to affect that portion of the lands above described for the orderly
development of the City of Petaluma Project No 9989-711 ". This description %w compiled in
the offices of FrtzGerald and Associates from record deeds, field survey. mapping and plan
entitled "Industry Track Right -0f --Way Acquisition" prepared by Wiazler and Kelly (received
hily 12, 2004 ), and reiisrons thereof. No gaps nor gores are intended to be created Where record
information may be in conflict.
(A portion of A.P. No. 007-072-0311 030, 024, 029)
Prepared By.
Aueu$t 20, 2004
John I FitzGerald, P.L.S. 4419 Date
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RESOLUTION OF NECESSITY
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RESOLUTION NO.
OF THE CITY OF PETALUMA
RESOLUTION OF THE CITY OF PETALUMA DETERMINING THAT
THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION
OF CERTAIN REAL PROPERTY (APNS: 007-072-024; 007-072-029;
007-072-030; 007-072-031 ) AND DIRECTING THE FILING OF
EMINENT DOMAIN PROCEEDINGS
WHEREAS, it is desirable and necessary for the City of Petaluma to acquire the
fee simple title in and to real property more particularly described in Exhibit A, attached
hereto and made part hereof by reference, for public purposes, to wit: for the Railroad
Industry Track Relocation at Lakeville Street and Madison Street Project.
The names and addresses of the owners who have interest to be acquired are
as follows:
George and Judy Weiner
Trustees of the Weiner Trust
23185 Millerick Road
Sonoma, California 95476
WHEREAS, the City of Petaluma is vested with the power of eminent domain to
acquire said property interests by virtue of virtue of Article 1, Section 19, of the
Constitution of the State of California, and Sections 1240.010, 1240.020, 1240.030,
1240.040, 1240.050, 1240.110, 1240.120, 1240.410, and 1250.110 of the Code of Civil
Procedure of the State of California, and Sections 37350.5 and 40404 of the California
Government Code.
WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil
Procedure of the State of California, notice has been duly given to the owners of the
subject property and whose names and addresses appear on the last Sonoma County
equalized assessment role, all of whom have been given a reasonable opportunity to
appear and be heard before the City of Petaluma in the following matters:
(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 interests sought to be acquired are necessary for the
Project; and
(d) Whether the offer to purchase required by the Government Code
Section 7267.2 has been submitted to the owners of the real
property interests.
WHEREAS, pursuant to the provisions of Section 7267.2 of the Government Code
of the State of California, the City of Petaluma has made an offer to the owners of
subject property for just compensation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma
Finds, Determines, and Orders as follows:
The public interest and necessity require the Project.
2. The Project is planned and located in the manner which will be most
compatible with the greatest public good and the least private injury.
3. The property interests sought to be acquired are necessary for the project.
4. The offer required by section 7267.2 of the Government Code of the State of
California has been made to the owners of subject property
5. The City Attorney of the City of Petaluma or his duly authorized designee 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 actions as he may deem advisable or necessary in
connection therewith.
Is
6. An order for prejudgment possession may be obtained in said action and a
warrant issued by the City of Petaluma payable to the State Treasury
Condemnation Fund, in the amount determined by the Court to be deposited,
as a condition of the right of immediate possession.
The foregoing Resolution was adopted at a regular meeting of the City Council of
the City of Petaluma held on the 23rd day of May, 2005 by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Richard R. Rudnansky
City Attorney
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Mayor
EXHIBIT 6L 99
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City of 0eulanis P061mi No. I10-4WM4-7110
Being the Lands of Weiner, as described in that certain deed recorded as Document Number
1991-OW281 1, Official Records, -Sonoma County Records, more particularly described as
follo"I
Beginning ata-,foundi/4 inch ironpipe i which marks the mostwesterly comer of the above
mentioned Lands of Weiner from which a found % inch iron pipe marking the northeast comer
of said Lands bears North 68- 55' 23" East- 470.07 feet, said imn pipes am shown-andAtsignated
onAliatcertain Record of Survey Map fi I led October 11, 1990, in Book 461 of Maps, at Pages 42
and 43, Sonoma County Records-, theocc from said Point ofBegirming and 'along the southerly
lineof said Lands of Weiner South 430 IT 51" East, 384feat d -to a p6inton-sw"d I'm Which
marks the beginning of a non4angent curve to the right whoseventer.bears South 670 28,140
DO a distance :of 313.79 feet; thence along said curve through a central .angle of g3° I* 33n, an
arc: length of 455.861eet; thence North 35'30' 26 East, 12.74 feet to;A point Which marks the
bogirining.of a rwmi-tangentcurvelo the :right whose center Bears South. 160- 32' -18" West, 325.77
feit,. thence along said'curvetbrough a central angle of 040.25'03", an an;. length of 25.12 feet
to apoint-on the southeasterly line of the above mentioned Lands of Weiner, saidline Is
common with the-northweswily Fine of the Largh of J.R. Zukin Corporation,_ as showrion the
above mentioned Record , 6fSurvcy; thence along said, qomminflino North 3r,59 26�'Eastl,
18.71 feetto a found % inch iron pipe as shown on the above mentioned map; said iron pipe
marks a point on the southwesterly Ifne:oMakeville Stteer,thiince along said snowiest line of
Lak.evi,lle Street, North 54" 28! 43"Vest, 261.04 feet to the, most northerly comer of said 1ands
of Weiner (said comer is marked by a % inch iron pipe, as shown on said R6664 of Survey Miip
— not found); thence along, the northwesterly line of Weiner, said line being me
of Madison Strecras shown on said Record ofsurvey Map, South 35* 40 16" West, 301.44 tbet
to the Point of Beginning -
Containing 17,261 square feet mote of less.
The Basis of Bearings for this description is that certain Record of Survey Map filed Ocloher 11.
1996, in Book 461 of Maps, at Pages 42 and 43, Sonoma County Records.
page I of 3
=.02a3-
Cent raw
RailLasLt}ttswTrack_l eloeation
Cily of PeWUMLOrotectNo_21OA00-9044-7110
The intent of this description is to affect that portion of the Iands above described for the orderis
developmem of rhe City of Petaluma Project No 9989-711-1 This description xas compiled in
the, offices of Fttit.rera)d and Associates from record deeds, field survey. mapping and.plan
entitled'7ndustty Track; Right-df=Way Acquisition" prepared by Winzler and Kelly (received
July 1,2, 2004 ), and tieiisibns thereof. No gaps nor gores are intended to be created where rccord
information may be'in conflict,
(A portion of A.P. No. 007-072-0311030, 024,'029)
Prepared By.
John J-FitiGerald, P-L.S. 4419
LiccnseExpires 9-30-05
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