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Home My WebLink AboutReso 192-05 EsperancaEmintDoman RESOLUTION NO. 192 ~ 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *w******...*~********.·*** 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 - J & E ESPERANCA, PROPERTY OWNER Assessor's Parcel No. 941-0205-037 WHEREAS, it is desirable and necessary for the City of Dublin to acquire fee title and a temporary construction easement within 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 Constîtution of the State of California, Government Code Sections 37350.5, 37353(a), and 40404, and Sections 1240.010, 1240.020, 1240.030, 1240.040,1240.050,1240.110,1240.120, 1240.510 and 1240.610 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 marmer 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 been made to the owner(s) of record. WHEREAS, pursuant to the provisions of Section 7267.2 of the Government Code of the State of California, the Cîty of Dublin has made an offer to the owner or owners of record to acquire the subject property for just compensation; and G,\CC-MTGS\200~-qtr4~)d\1O-ú4-ú~'<eso 19l-0~ '''J''''I'lC'' nec...ity.DOC (Item 6. I) Page I of2 WHEREAS, the City of Oublin 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 above-identified parcel ofland. 2. The Project is planned and located in the marmer 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 Exhibit "A" and Exhibit "B" is necessary for the Project. 4. The taking of the temporary construction easement in and to the real property more particularly described in said Exhibit "A" and Exhibit "B" is necessary for the Project. 5. 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. 6. The City Attorney ofthe 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. 7. 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, October 2005, by the following vote: AYES: Councilmembers Hildenbrand, McCormick and Oravetz, and Mayor Lockhart NOES: None ABSENT: Vice Mayor Zika ABSTAIN: None ATTJ, T \\~~~ City 'Clerk a Holman O:\ÇÇrMTGS\200~-qtt4\Oct\lO"()4-o~\rC!lO 192-O~ esperanca I1CCC!lsìty.DOC (Item 6, 1) PaRe 2 of2 '\;t" ) y,", , ) ~~' p, ) FEE ACQUISmON APN No. 941'-0205-037 Exhibit "A" All that real þroperty s1!uate in the City of Dublin, COunty of A1!UUeda, State of Califurtria, being a portion of Parcel One described in that certain document recorded on March 15, 2000 in Document No. 200076438, Alaxneda County Records, AlsD being a portion of PARCBLA-as shown on that certain map entitled "PARCEL MAP 2695", filed for record on December 22, 1978 in Book 107 of Parcel Maps at Page 51, Alameda County Records, more particularly described as follows: ' BEGINNING at the northwest corner of said Parcel One; . . ,.-. , Thence along the northerly line of said parcol, ~DUth 88°46'58" East, 19.13 feet; . Thence leaving said uortherly line, South 55°48' 18"'West, 23.47 feet to the westerly line of said, PlICel One; , . Thence alOng said westerly line, North 01 "13'02" East, 13.60 feet to the POINT OF BEGINNING of this description: Containing an area of 130 square feet, more or less. A plat showing the above-described parcels is attached herein and made a part hereof ,as Exhibit ~~".' . This description wa.<: prepared by me or under D1.Y direotion in conformance with the Professional Land Surveyors Act. " Dated:...?-'<h<:f"" ~ ..zç~ "/ ill~-::"'.::? -=------ -Billy artin; LS 5797 " ',' License Expires 6I30/20Ò4 ~1U!D01r;r¡œ.1øo¿,~PERÞnCAdðc Exhibit "A" Page 1 of 3 ¡:5~'!'<:t"'"t¡t' '#7 ) TEMPQRARY CONSTRUCTION EASEMENT APNNo.941-Q205-o37 " " Exhibit "A" I I , " t I' , All that real property situate in the City of Dublin, County of Alameda, State of Califomia, being a portion of Parcel One described in that certain document recorded on March 15,2000 in Document No. 200076438, Alameda County Records, Also being a portion of Þ ARCEL A as shown' on that certain map entitled "PARCEL MAP 2695", filed for record on December 22, 1978 in Book 107 of Parcel Maps at Page 51, Alameda County Records, more particularly described as follows: BEGINNING at the' northwest comer of said PARCEL A; . Thence along the northerly line of said parcel, South 88°46'58" Bast, 19.13 feet to the TRUE POINT OF BEGINNING; , Thencecontinmng along last said line, South 88"46'58" East 8.94 feet; Thence leaving last 8àid line and acrQss said PARCEL A, the followin'g two (2) courses: ' . . ., ) 1) South 57"45'Ù3" West 5.28 feet; , 2) South 55"48' 18" West 29.03 feet to the westerly line of said Þ ARCEL A; Thence and along last said Ene, North 01"13'02" East 6,13 feet; Thence leaving last said line, North 55"48' 18" Bast 23.47 feet to the TRUE POINT OF BEGINNING. Contairung an area of 144 square'feet, more or less. The Temporary Construction' Basement, described above, to terminate upon completion' of construction, for the purposes and incidents' thèreto over, under, across and, upon the above described parcel. , ) Ex.hibit "A" , Page 2 of 3 \ A pJat showing the above-described parc/\ls is attached herein and made a part,hereof as Exhibit ~'Bh. This description was prepared by me or under my direction,in conformance with, the Professional Land Surveyors Act. ' .~~~~ Billy M~ LS 5797 . License Expires 6/30/2006 K;\MB.ln\2DC11.20D16002-10\lmAl\IËSp~CA..TCIU~jm,dt;x¡ ) ) Dated:~ .2.f Zdar , Exhibit "A" Page 3 of:3 ,/ FEE ACQUISITlON/./ ./ bEG¡::ND APN - A5S"SSOR PARCEL NUMBER . 'OR'-'- OrnCIAL RECORDS, P.O.B. - POINT OF BEGINNING sq. ft. .;.. SQUARE FŒT , I ¡ I I ) U::O'~ \ I .--.' I ~ I ~ g¡ I LANDS OF J & E . , ' Ij Q ~ - I ESPERANCA INVESTMEN15 I. LLC It;! -< IOffi'ffii:;! uJ A CAUfORNIA UMI1EO UA81UTY COMþANY "<I 2 <>:5 "-< Q , æ:2 ~:::> ffi;!! :¡¡ PARCEL ONE I IS ¡:¡ IS! g is:a t:\ DOC. NO. 200076438 .... r:J ~i~::J ¡¡¡ , APN'941-0205-037 \I~r~~~* I I ~ ¡'I ~ I ~ I I I --'~-~~~' ~-,,_.~.~ -~... r-' .~. ,. ~. ..-. .. ,..,,~_...- "' ) BASIS OF BEARJNG~ , lHE BEARING N 32'48'00' WEST, '11iE MONUMENT UNE ON DOUGHERiY ROAD, BETVÆEN FOUND MONUMEN15 AS SHOWN ON THE MAP ENTl11.ED 'PARCEL MAP 1043" I'1LED FOR RECORD ON SEPTEMBER 22. 1973 AND RECORDED IN BOOK 80 OF PARCEl. MAPS AT PAGE 29. IS USED AS TJ;E BASIS OF BEARINGS FOR lHlS PLAT, ./ / ./ / hØ~ , ' .^~y. is) ~'-' & ' /' ~~.~ ' :,ð<9 ,cP 'Q I, ,·....r. ) PARcEL B 101 M 5J' PARCEL ONE DOC. NO~ 2001250985 ; APN: 941-0205-36 PARCEL "!WO E:ASEMENT !"OR COMMON AREA OVER PARCEL B - 107 M 51 DOC. NO. 2000076438· --. \ . . ),' ' ~Bkf 4780 CHABOT DRIVE' SUm:: 104 Pl£ASANTON. CA 94588 825-396-7700 925-396-7799 (FAX) ,.. ..../~ t'\Dt~~'IM f'M PDT" .. PARCEL 1 DOC. NO. 94.268159 APN,941-0550-009-11 pARCEL A 'J01 M 5J UNE L1 L2 L3 UNE TABLE BEARING 5 SS' 6'58" S 5 '18" N '3'Q2u, E LENGTH 19.13' 23.47' '13.80" RF1'ERFNCFS I, (1)- 107 M 5.1 .f.. ...-,. .... " . Subject EXHIBIT 8 DUBUN BLVD.-DOUGHERTY RD. WIDENING , Job ND.' 20016002 By RI.,. Date 6!25/04Chkd.CK SHEET 1 OF Z .. /' .. -g..Q /...4.~ . .. .,.....v /" OV ($) .. /" *,,<9 4:)"- ,/ ~<Q...) ,rß Q TEMPORARY CONSTRUCTION E~~MENT /' .. 'BASIS OF BEARINGS ,./ LEGEND 'THE BEARING N 32'48'00" WEST, THE MONUMENT .. APN _ ASSESSOR PARCEL NUMBER LINE ON DOUGHER1Y ROAD, BETWEEN FOUND ,./ P 0 6 _ POINT OF 6EGINNING ' MONUMENTS AS SHOWN ON THE MAP E;NTIlLED .' 'ft' ,_ SQUARE FEET "PARCEL MAP 1043" FILED FOR RECORD ON ' /'.. T·~·O S· _ TRUE POINT OF BEGINNING SEPTEMBER 28, 1973 ANO RECORDED IN BOOK 80 /" . . .. , OF PARCEL MAPS AT PAGE 29, IS USED AS THE.. BASIS OF BEARINGS FOR THIS PLAT. ,./ .. ../ .. ,./ ~ r :.. / ../" I I I I I I L1 L2 I ~. Ç> v/ ~ .,....f: r/ I I f-;sO.DO'-¡ I I I I B ·1 I g; I C3 I ~ I a:: '" I LANDS OF J & E I t5 5i! ¡: ~ ESPERANCA INVESTMtNTS I, LLC ¡ w :i 12 8J ffi t5 wi A CALIFORNIA LIMITED LIASIUTY COMPANY '" - ~,:!:tl.< 0 læ:ril~å8;;¡;¡:1 PARCEL ONE I ê5 ~ I ~ Q g ~ tl DOC. NO. 2000076438 I ::: ¡¡J 11'!::;:i '" S;¡I APN: 941-0205-037 I ~ a:: 1 d~~¡¡J I LINE TABLE :::¡¡ ¡¡; ê5 a:: LINE BEARING I ~ 15 I!:. I L1 S B6'46'58" I¡=:I L2 S 88'46'58" fu I L3 S 57'45'03" W I ~ I, L4 S 55'48'18" W I I I' L5 N, 0 '3'02" E I L6 5'48'18" E I I I ,I : I I : I ... ~ PARc.EL 1 DOC. 'NO. 94268159 APN: 941-0550-009-11 ) 5' WIDE TEMPORARY CONSTRUCTION EASEMENT 144 sq. It ± 'PARCEL A J07 M 51 PARcEL B JtJ7 M 51 PARCEL ONE DOC. NO. 2001250985 APN: 941-0205-36 PARCEL TWO EASEMENT FOR COMMON AREA OVER PARCEL B-1 07 M 51 DOC. NO. 200076438 LENGTH 19. 3' 8.94' 5.28' 903' 6.13' 23.47' RFFERFNCES (D- 107 M 51 - .. '........--1'...- 4780 CHABOT DRIVE SUITE 104 PLEASANTON, CA 94588 925-396-7700 925-396-7799 (FAX) Subject' EXHIBIT "B" , DUBUN BLVD,~DOUGHE TY RD, WIDENING Job No. 200t6002 By RL Date01/2B/05 ChkdRH SHEET 2. OF 2 '~BkF ~\s:L.l1"'01'D1EiDII?\')'III'I\IiI.n.~\F~PF'~NC;~ ~q:-,dlll¡:¡ 1/?1/?005 UI?3¡.4¡1!,6.M I!'$;T