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Acquisition of Easements 3 Jctober 28, 1996 this property without secondary access are extremely high (approximately $202,000). The high cost of leaving the property without secondary access could effect the viability of the entire Auto Mall Project. In addition, the Fire Marshall requires that a new secondary access be provided because of the hazardous nature of the property use (a paint company that manufactures, stores and distributes auto body paint). Therefore, staff is proposing that a new 15-foot access easement be acquired at 2000 Wayne Avenue, the property immediately north of 2088 Wayne Avenue. The new access easement plus an existing 5-foot set -back on 2088 Wayne Avenue will provide the required 20- foot access easement for emergency vehicles and for use by J & M Paint. With the new access easement, the only cost to the Agency will be to install a new roll -up door in the north side of the building at 2088 Wayne Avenue so that trucks can make deliveries and to build a new driveway to access the easement. The cost to install the new roll -up door and to build the new driveway is estimated at $18,000. If these improvements are made and the new access is provided, there will be no reduction in the value of the property at 2088 Wayne Avenue. 2000 Wayne Avenue 2000 Wayne Avenue is north of 2088 Wayne Avenue. The Redevelopment Agency does not have the power of eminent domain to acquire the necessary 15-foot easement on this property. However, State law provides that the City can acquire property through eminent domain if such an acquisition is necessary as a result of eminent domain action on another property to provide that property access to a public road and to minimize severance damages that would result from lack of access to a public road. Therefore, the City has the authority to acquire a 15-foot non- exclusive access easement at 2000 Wayne Avenue to provide new access to Wayne Avenue for the property at 2088 Wayne Avenue through eminent domain. Staff is proposing that the City acquire a 15-foot access easement to provide the necessary access for emergency vehicles and other cars and trucks. Staff has offered the owner the appraised value of $13,612, to acquire the easement. The appraised value is based on raw land because the proposed location of the easement is unimproved. The owner, who has requested to testify before the Council at the property owner's hearing, has said that he may build a candy factory on the unimproved property in the future and that could effect the value of the property to be acquired. Staff continues to meet with the owner to determine if the property can be acquired through a negotiated transaction. Compensation to the property owners who benefit from the existing 20-foot access easement at 1152 Marina Boulevard and acquisition of a substitute easement at 2000 Wayne Avenue will allow the Marina Boulevard Auto Mall project to go forward and will ensure Nissan factory approval of the 1152 Marina Boulevard location for its new dealership. Approval of the Resolutions of Necessity provides staff with the ability to continue to negotiate with the affected property owners and to initiate eminent domain proceedings only if necessary. 2 q I