Subject: PUBLIC USE AND NECESSITY
HEARING - HILLTOP MANOR, INC.
COUNCIL DISTRICT: 6
SNI AREA: N/A
Adoption of a resolution determining that
public use and necessity require the acquisition of certain property owned by
Hilltop Manor, Inc. located on 790 Ironwood Drive, and directing the filing of
eminent domain action. CEQA: ND.
Standard Pacific
of Northern California (Developer), owner of Assessor’s Parcel Number
455-11-018 was issued a Tentative Map on December 8, 1998 (File No. PT
98-01-020). The Developer will develop
84 single-family detached residential units on his property. As a condition of this development, and the
construction agreement with the City, the Developer is required to provide an
Emergency Vehicle Access Easement (EVA) to the north of the proposed
development via the Lands of San José Water Company and Hilltop Manor, Inc. An EVA has already been acquired on the
Lands of San José Water Company. In
addition, a Temporary Construction Easement (TCE) is needed across the Lands of
Hilltop Manor. The Developer was
unsuccessful in acquiring the right-of way to implement these easement
requirements. Subsequently, City Real
Estate staff was asked to proceed with acquiring the necessary easements, but
negotiations with Hilltop Manor have been unsuccessful to date.
The Developer is
required to pay all costs associated with the right-of way acquisition
including fair market value for the easement and City real estate services.
The EVA contains
approximately 781 square feet and the TCE contains approximately 3,343 square
feet (see attachment A). The property
is needed to provide the Fire Department with a secondary access to the new
residential development.
Negotiations for
the acquisition of the required property were initiated on February 12, 2001,
and the owner, through his attorney, formally refused the City’s offer on April
12, 2001. Staff has attempted to reach
a negotiated settlement. To date, those
efforts have also been unsuccessful.
The real
property rights have been appraised by an independent fee appraiser and Real
Estate staff reviewed the appraisal.
The City’s offer of $21,000 was for the full amount of the approved
appraisal. A map of the subject parcel
is shown as Exhibit B.
Not applicable.
Preparation of
the Resolution has been coordinated with the Office of the City Attorney.
Court
deposit of $21,000 and any additional funds that the court may determine.
Fund: 465
R.C.: 116693
Appn: 4023
Amount: $224,550
Budget
Document: 2001-2002 Appropriation
Ordinance
Negative
Declaration.
RAJEEV BATRA
Acting Director, Public Works Department
Attachments
EXHIBIT “A”
ANALYSIS:
OWNER: Hilltop Manor Inc., a California Corporation
RELOCATION: NO ASSESSOR’S PARCEL NO.: 455-33-006
ACQUISITION:
ENTIRE PARCEL BEING
ACQUIRED IN FEE:
WIDTH: N/A LENGTH: N/A SIZE:
N/A.
PORTION OF PARCEL
FOR WHICH PERMANENT EASEMENT IS ACQUIRED:
WIDTH: 12 feet + LENGTH: 65 feet + SIZE: 781 s.f.
PORTION OF PARCEL
FOR WHICH TEMPORARY CONSTRUCTION EASEMENT IS ACQUIRED:
WIDTH: LENGTH: SIZE: 3,343 s.f.
ZONING: R1-B8 PD, Residential PRESENT
USE: Senior Apartments
APPRAISED BY: Hulbelrg & Associates, Inc.
APPRAISAL
DATE: October 6, 2000
APPRAISAL
AMOUNT: $21,000
REAL PROPERTY
AGENT: Monica C. Kavanaugh FILE
NO.: 1048
CALCULATIONS AND
REMARKS:
1.
Land: 318,424 s.f. @ $30/s.f/ $9,552,720
2.
Permanent
Emergency Vehicle Access Easement
781 s.f. @
$30/s.f. X 50%:
$11,715
3.
Temporary
Construction Easement
3,343 s.f.
@ $30/s.f. X 9% for 12 months: $9,026
4.
Improvements: -0-
5.
Damages to
Owners’ remaining property: -0-
TOTAL PAYMENT OF MARKET VALUE TO
PROPERTY OWNER (S) ROUNDED TO:
$21,000