The URL can be used to link to this page

Home My WebLink AboutReso 205-05 LeeEminentDomain RESOLUTION NO. 205 . 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 - ANDREA G. LEE, PROPERTY OWNER Assessor's Parcel No. 941-0550·010.15 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 Constitution 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 of the Code of Civil Procedure of the State of California, notice has been duly given to an 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 been made to the owoer(s) of record. 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 Pau;e 1 ofz 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 fonows: 1. The public interest and necessity require the Project for the acquisition ofthe fee simple and the temporary construction easement in and through the above.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 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 owoer or owners of record of the real property. . 6, 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. 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 18th day of October, 2005, by the following vote: AYES: Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None AT;(: ~ 1\ 1...; < City Clerk R..o No. 205-05. """"",d 1 0/18/05, Item #6.1 Pa¡(e 2 of 2 ) FEE ACQUlSrTION APN Ne. 941--0550-010·015 Exhibit "A" .., An that real property situate in the City of Dublin, County of Alameda, State of Califörnia, being a portion' of Parcel 1 described. in that certain document recorded. on February 4, 1993 in Document No. 93042092, Alameda County Records, more particularly described as,fol1ows: BEGINNIN"G àt the southerly comer of Parcel f,., an exception parcel from said Parcell, described in said document; Thence along the general southwesterly line 'of said Parcel A, North 25"15'29" West, 28.82 feet to the TRUE POINT OF BEGINNING of this description;", Thence leaving last said line, North 32049'44" West, 280.74 feet to the southerly line of Parcel B, an exception parcel from said Parcell, described in said document; Thence along. last said line, South 88046'58" East, 30.32 feet to the general southwesterly line of said Parcel A; Thenœ leaving said southerly line and along la,st said line the following two (2) courses: 1) South 32°48'00" E8ßt, 75.00 feet; . . 2) South 25°15'29" East, 190.42 feet to the TRUE POINT OF BEGINNING of this description. Containing an area of 4,464 square feet, 0.10 acres, more or less. TOGEI'HER with a Temporary Construction Easement, to tenninate upon completion of COllstruction, for the purposes and incidents thereto over, under, across and UpOIl a strip of land 8.00 feet in width, starting at the northerly line of said Parcell, southeasterly and .parallel to the parcel described above for distance of 1.52 feet, thence a strip of land 3.00 feet in width, the northeasterly line of said strip lying contiguous to the southwesterly line of the' above described parcel !I11d extending southeasterly to the Caltrans Right of Way. . A plat showing the above described parcel and temporary easement is attached hereto and made a part hereof as Exhibit "B". This description was prepared by me or under my direction in cortfonnance with the Professional Land Surveyors Act. Dated:...7t-..<.r z..:r; Zóè¥ , ~7 ¿ ___ ___"? 'Billy rtin, LS 5797 . license Expires 6/30/2004 K..1MI1n\2OO'1\2D01~~\RarrAl...WCfiW.do!.I Exhibit "A" Pagel of! .~,. i ~ I '" b ",. '" I ~ .... '" ;:: !;z , FEE ACQUISlTlON .6ASS OF BEARINGS \' ìFlE BEARING N 32"48'00" WEST, mE MONUMENT ' UNE ON DOUGHERTY ROAD, BElVIEEN FOUND MONUMEN1S AS SHOWN ON THE MAP ENìJ1lED \ . -PARCEL MAl" 1043" flL.ED FOR RECORD ON , SEP1EMBER 2B, 1973 AND RËCORDED IN BOOK BO \ . OF PARCEL MAPS AT PAGE 29. IS USED AS 11-IE PARCEL 3 . BASIS OF BEARINGS FOR'11-I1$ PLAT. \ EASEMENT FOR DOC. NO. 93042092 J.,EGEND \, () APN - ASSESSOR PARCEL NUMBER t \ a OR - OFFICIAL RECORDS ~ P.D.B. - POINT OF BEGINNING '~<;>? ;,. .. - "".... ÆEf ¡ 7 ç:¡ I 1 '"1. .... '" Ž D... ..:: PARCEL A EXCEPTION TO DOC. NO. 93042092 GRANT DEED 'TO . STAiE OF CAUFORNIA AND RElEASE OF ABUTTERS RIGHTS REEL 1.327 IMAGE 66 (AW(157B51) LANDS OF RENTAL WORLD INC. A SURRENDERED KANSAS CORPORATION PARCEl: 1 DOC. NO. 93042092 APN; 941-0550-010-15 ", ~)j)~A i?tfy ~4.: "1 U' DETAIL 'A" SCALE 1""'20' 1.52' <0 ,., J, o '" I :;¡: 0> Z .0.. « TEMf'ORARY CONSìRUC'!1ON EASEMENT 3.00' '-¡" 'à-. .g..~. ._~ ~\p.. -f:. POB .,V;,.'.'=. ""~Bkf IÞ ,Id ~~"....,~ 47BO CHABOT DRIVE: Sum:: 104 . PillSANTON~ CA 945BB 925-3116-7700 925-396-7799 (FAX) SUb ]act EXHIBIT "B" DUBUN BLVD.-DOUGHERTY RD. WIDENING Job No. 20016002 By RL Date 6/25/04 Chkd,Cl( SHEET 1 oF1