City staff think they will be able to acquire most of the
property needed for the southwestern extension of Butterfield
Boulevard without going to court.
City staff think they will be able to acquire most of the property needed for the southwestern extension of Butterfield Boulevard without going to court.
In June, the city council approved “resolutions of necessity” for about a dozen properties they will need for the road’s extension – the first step in using the city’s power of eminent domain to acquire the land even if they have to go to court.
“We have settled or approached settlement with more than half the property owners that we did the resolutions of necessity on, and we expect most of the land will be acquired through negotiated settlements,” city attorney Danny Wan said.
As part of its eminent domain push in June, the council also authorized up $4.1 million to spend on the property acquisitions, and notified the courts that they may seek legal action to acquire the properties.
The city hopes to gain all the properties it needs by October, about the time any trials to resolve disputed land values would occur if necessary, according to city staff.
So far, the city has paid $3.9 million in negotiated settlements with four private property owners, city manager Ed Tewes said. It has paid Union Pacific Railroad about $29,000 for a piece of right-of-way needed along the railroad tracks.
On Aug. 24, city staff will present three more deals with Butterfield property owners for the council’s approval, at a cost of about $647,000, Tewes said. That leaves about seven more property owners with whom the city is still negotiating.
The project will extend the road from its current terminus at Tennant Avenue, sweeping southwest to Monterey Road where it will align with Watsonville Road. The $22-million project (a price tag that includes right-of-way acquisitions) will consist of about 4,000 feet of roadway with four lanes, plus an overpass traversing the Union Pacific Railroad tracks, retaining walls, new storm drainage systems, flood control enhancements, bike lanes and other features.
When completed, the new road will close Fisher Avenue, and turn a 35-acre parcel further south, surrounded by Seymour and Maple avenues, into a catch basin for storm runoff and flood control, city staff said.
The properties in question are needed for a variety of permanent and temporary easements, for the roadway itself, utility construction and access, and drainage improvements, according to city staff.
There was some fear earlier this year that funding might not be available for the project, as the redevelopment agency dollars that will finance the new road were in danger of state takeover. However, by entering the “voluntary alternative redevelopment” program offered by the California department of finance last month, the city was able to hold onto the funds needed for the Butterfield project as long as it pays a “ransom” for the next three years, Tewes said.
Bond proceeds acquired by the RDA in 2008 will fund the majority of the Butterfield extension.
