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Home My WebLink AboutReso 193-05 WohlrossEmintDomain RESOLUTION NO. 193 - 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * ~ . ~ * * * * ~ . . DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE .FILING OF EMINENT DOMAIN PROCEEDINGS FOR THE CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NO. 96852, DOUGHERTY ROAD IMPROVEMENTS - HOUSTON PLACE TO 1-580, WITH SCARLETT COURT ACCESS TO DUBLIN BOULEVARD LIMITED TO RIGHT TURN OUT ONLY AND RIGHT TURN FROM DUBLIN BOULEVARD TO SCARLETT COURT ELIMINATED - WOHLROSS ASSOCIATES, PROPERTY OWNER Assessor's Parcel No. 941-0550-010-22 WHEREAS, it is desirable and necessary for the City of Dublin to acquire fee title of certain real property, particularly described in Exhibits "A" and "B", attached hereto and made a part hereof by reference, in order to construct, widen and/or improve the intersection of Dublin Boulevard and Dougherty Road (the "Project"); and WHEREAS, the City of Dublin is vested with the power of eminent domain to acquire real property for the Project by virtue of Article I, Section 19, of the Constitution ofthe State of California, Government Code Sections 37350.5, 37353(a), and 40404, and Sections 1240.010, 1240.020, 1240,030, 1240,040,1240.050,1240.110, and 1240,120 of the Code of Civil Procedure of the State of California; and WHEREAS, pursuant to the provisions of Section 1245.235 ofthe Code of Civil Procedure of the State of California, notice has been duly given to all persons whose property is to be acquired by eminent domain and whose names and addresses appear on the last Alameda County equalized assessment roll, all of whom have been given a reasonable opportunity to appear and be heard before the City of Dublin on 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 property sought to be acquired is necessary for the Project; (d) Whether the offer required by Government Code Section 7267.2 has boon made to the owner(s) ofrecord. WHEREAS, pursuant to the provisions of Section 7267.2 of the Government Code of the State of California, the City of Dublin has made an offer to the owner or owners of record to acquire the subject property for just compensation; and G:'CC-MroS\~OO.s.qIr4\Od\]o-D4-(1\rc&o 193-(l:'i wohlrutRl JliJúœs.ßy.l.JOC (fœm 6.2) Page 1 of2 WHEREAS, the City of Dublin has satisfied the provisions of the California Environmental Quality Act for the Project. NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows: 1. The public interest and necessity require the Project for the acquisition of the fee simple and the temporary construction easement in and through the ahove-identified parcel ofland. 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 taking of the fee simple title in and to the real property more particularly described in said Exhibits "A" and "B" is 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 owner or owners of record of the real property. 5. The City Attorney of the City of Dublin or her duly authorized designee be, and she 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 action as she may deem advisable or necessary in connection therewith. 6. An order for prejudgment possession may be obtained in said action and a warrant issued to the State Treasury Condemnation Fund, in the amount determined by the Court to be so deposited, as a condition to the right of immediate possession. The foregoing Resolution was adopted at a regular meeting of the City Council held on the 4th day of, 2005, by the following vote: AYES: Coucnilmembers Hildenbrand, McCormick and Oravetz, and Mayor Lockhart NOES: None ABSENT: Vice Mayor Zika ABSTAIN: None ATTEST: City C erk Fawn Holman (j·\C'.i:_MTGS\200j-(\io1\o~~[)-04-O:'iIr8o 19]-05 WO~~ nea=ily.DOC (Irom (1,,%) Page 2 of2 ì J FEE ACQUISITION APNNo.941-0550-01O-22 Ex.hibit"A" All that real property situate in the City of Dublin, .County of Alameda, State, of California, being all of the parcel described in that certain document recorded on Novernber 22, 1991 in Document No. 91-312613,Alameda County Recordß, mon~ particularly described as follows: BEGINNING at the southerly comer of said parcel;. Thence along the southwesterly line of said parcel the following tWo (2) courses: 1) North 36°36'51" West, 48.07 feet; 2) North 32°48'00" West, 218.41 feet to the beginning of a carve to the right having a radius of 40.00 feet, being the westerly line of the parcel described in that certain document recorded on June 14, 1994 in Document No. 94244325, said county records; Thence leaving said southwesterly line and along last said line of last said parcel, along said curve, through a central angle of 90000'ÙO'', for an arc length of 62.83 feet; Thence continuing along the northwesterly line of last said parcel, North 57°12'00" East, 22.00 feet -to the northerly line of last said parcel, being the beginning of 'a curve to the right having a radius of ). 00 feet; Thence leaving said northwesterly line and along last said line, along said curve, through a central angle of 90°00'00", for an arc length of 62,83 feet to the northeasterly line of first said parcel; Thence leaving said northerly line and along last said line, South 32"48'00" East, 119.96 feet to the e'asterly line of first said parcel; Thence leaving said northeasterly line and along last said line, South 01"12'40" West, 176.64 feet to the POJNr OF BEGINNING of this description; . Containing an area of 23,254 square feet, 0.53 acres, more or less. A plat showing the: above"described parcels is attached herein and made a part hereof as E)(.hibit "E". This description was prepared by me or under my. direction in conformance' with the Professiona1 Land Surveyors Act. ,--- Dated: 7, c?' c:?';I ,...¿?" ;? ? ~- )lly Martm, LS 5797 1Jcense Expi~s 6/30/2006 K..'\\4alrtaU\i!I:I01t101Ji·1011.EaAI..\'NCII...¡.¡PiOSS.doo /' /' <0- . ~¢ly..~ ~o'l)'i 0 ) _, <Q ~;;'ò<:Jò ~\~ ¡,pc¡., '" ý' .o$Q'" .'1.' ~s <yV ",,<;'4-'" :!,'1-'" '1-~~ 0,,1< ",0, aC" 'V ,~ ."J~ \ :\....'1- d;J ",'" '1-'),' FE~CQUISIl10N . BASIS OF 8EA~ \ THE BEARING N 32'48'00" WEST. THE MONUMENT i UNE ON DOUGHERTY ROAD, BETWEEN 'FOUND MONUMENTS AS SHOWN ON THE MAP ENTITLED ' , "PARCEL MAP 1043" FILED FOR' RECORD ON . .' SEPTEMBER, 28, 1973 AND RECORDED IN 800K 80 1.4.38@ ,·"OF PARCEL MAPS AT PAGE 29. IS USED AS 'THE '" \ 8ASIS OF 8EARINGS FOR 'THIS I'LAT. 1®0' ~ A:> _ AS~RCEL NUMBER JI ~...\ OR - OFFlCIAL RECORDS 'to. "'~ \ P.O.B. - POINT OF 8EGINNING Ú' 1&. -a'. ¢;, sq. ft. - SQUARE FEET 'to, 00. .~,...). ~ '&i. l' ~ "0 %. 'fè, 0 ~ 1"0 ~;.. -} ¡,.o. f~. \,\ LANDS OF WOHLROSS ASSOCIATES DOC. NO. 91-312613 APN: 941-0550-010-22 , (1 ... 1 14.36' \ @ 'ó \~~ %~~ ) ~'*' \ 9v. \ \ FEE ACQUISI1l0N 23.254 sq. It. ± 0.53 ocr.. ± \ \' " -. \ ':,¡., "' ,¿ r- 1'~ ;;; ~~~ ~ ,)' õ '?-> "<P&~ ' 5 ~ '" "<:;1 J\ \'" '" '&",. \ "'"')- " ;.;p \ Vç¡. ~~ ,\",Q., '*' ó" '\1o't '\ -Y~.¡jO'@ DOC. NO. 94207155 APN: 941-550-12-8 \ ''\ 90-91 CALTRANS R-60,33A @ oOC. NO. 96-072188 @ REEL 2402 IMAGE 255 DOC. NO. 94-244325 ...~ ." '~Bkf . ,- __ ,Jt...- 4780 CHABOT DRIVE SUITE 104 P!..£ASANTON, CA 94588 925-396-7700 925-396-7799 (FAX) £..,.. h; v,'t e:,