MO 1996-051 to 1996-055 - Laserfiche WebLink

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Acquisition of Easements 2 Jctober 28, 1996 constructed on the rear (north) property line. Building at the rear property line will allow Nissan to maximize vehicle display area on Marina Boulevard. To accommodate Nissan's need for maximum display area, it is necessary to extinguish a 20-foot non-exclusive access easement at the rear of 1152 Marina Boulevard (see attached map). This easement provides secondary access to 2094 and 2088 Wayne Avenue. Redevelopment Law requires that the Agency compensate the property owners for the loss in property value, or the cost to cure any damage, resulting from the loss in benefit of the access easement. Both properties were appraised in the before condition (with the benefit of the easement) and the after condition (without benefit of the easement) to determine the cost to the Agency to extinguish the easement (i.e., the Agency's cost is the difference in the value of the property with the easement and without the easement). The Agency's cost to extinguish the easement was offset by the ability to provide both properties alternate access to Wayne Avenue. In the case of 2088 Wayne Avenue, the alternate access to Wayne Avenue is proposed to be provided by the acquisition of a 15-foot non-exclusive access easement at 2000 Wayne Avenue. DISCUSSION As required by State Redevelopment Law, an appraisal was done to determine the cost of extinguishing the easement at 1152 Marina and of acquiring the non-exclusive access easement at 2000 Wayne Avenue. In addition, staff made written offers to compensate the owners of 2094 and 2088 Wayne for the loss of the benefit of the easement at 1152 Marina Boulevard and to acquire the easement at 2000 Wayne Avenue. These offers were made in meetings with the property owners and staff continues to meet with the property owners to determine if the necessary easements can be extinguished and acquired through negotiations. However, given the Auto Mall project's schedule, staff feels that it is appropriate to approve the resolutions of necessity at this time. Eminent domain proceedings will only be initiated if negotiations with the property owners break down. The following is a summary of the proposed action for each of the three properties. 2094 Wayne Avenue is directly north of 1152 Marina Boulevard and benefits from the existing 20-foot access easement. By relocating a guy wire that is anchoring a PG&E power pole, an existing driveway, that is currently not usable, can provide secondary access to the property and replace the current easement. Staff has proposed to pay for relocating the guy wire (approximately $5,000) and to compensate the owner $75,000 for the reduction in property value for the loss in use of the existing easement. In addition, an existing 10-foot easement on the property that benefits 2088 Wayne Avenue would be extinguished, providing an opportunity for additional on -site parking. The property owner has requested to testify before the Council at the property owner hearing. 2088 Wayne Avenue is located north of 2094 Wayne Avenue and also benefits from the existing 20-foot access easement. If the existing easement is extinguished, this property will be left without any secondary access to Wayne Avenue. The severance damages involved with leaving 2 0