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Home My WebLink AboutReso 206-05 EminentDomainLange RESOLUTION NO. 206 - 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 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- JAMES & ELINOR LANGE, SUSAN PLISSKIN, LAWRENCE PLISSKIN, STEVEN & JUDITH GOLDMAN, AND GREEN BEAR, LLC., PROPERTY OWNERS Assessor's Parcel No. 941-0205-036 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 Cali fomi a, 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 ofCiviJ 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 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 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 City of Dublin has made an offer to the owner or owners of record to acquire the subject property for just compensation; and Pa~e lof2 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: I. 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 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 owner 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, Z005, by the following vote: AYES: Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None AT~: t\'\'\A,.-M~ City Clerk Reso No. ~()6...(J5, adopted IOng/05, Uem#6.2 Pa~e 2 on . FEE ACQUISITION APN No. 941-0205-036 Exhibit "A" All that real property sitaate iDthe City of DubJin, County of Alameda, Stale of California, ):Icing a portion of Parcel One described in that certain document recorde(i on July 16, 2001 in Document No, 2001250985, Alameda County Records, Also being II portion of PARCEL B as shown on that certain map entitled "PARCEL MAP 2695" , filed for record (In Decerober 22, 1978 in Book 107 of Parcel Maps at Page 51, Alameda County Records, more particularly described as follows: . BEGJNNING at the northeast comer of said pARCEL B; Thence along the genena1. èasterly line of said parcel, South 01°13'02" West; 52.99 feet to the northerly line of PARCEL A as shown on said map; . . Thence leaving said general easterly line, and along last said line, North 88"46'58" West, 47,47 feet to the westerly line of said PARCEL A; . Thence leaving aaid northerly Hne, and along last said line, South 01 "13'02'~ West, 13.60 feet; Thence leaving $nid westerly line or-Parcel A. and across said PARCEL B the following seven (7) cO\Ìfses: 1)' South 55"48' 18" West, 143.22 feet to the beginning of a curve to the right having a radius of 846.00 feet; 2) Thence along sâid curve, through a central angle of 7°17'34", for an arc length of 107.68 feet to a compound curve to the right having a radius of 72.00 feet; . 3) Thence along said curve, through a central angle of 23"28'43", for an arc length of 29.50 fu~ " .. 4) Thence South 86°34'35" West, 32.79 feet to the beginning of a curve to the left having a radius of 100.00 feet; 5) Thence along said curve, through a central angle of 17°21 '29", for an arc length of 30.30 feet to a reverse curve to the right having a radius of 824.00 feet; 'Exhibir"A" l'age 1 of 4 " 6) Thence along said cùrve, thiuugh a central imgle of 1°30'23", for an arc length of 21.66 feet to a reverse curve to the left having a radius of 39.20 feet; 7) 'Thence along said curve, through a central angle ·of 32"53'23", for an arc length of 22.50 feet to the northwesterly line of said PARCEL B, the beginning of a non tangent curve to the right, having a radius of 50.00 feet, iroro which point a radial line bears South 55°34'34" East: Thence along said northwesterly line, along said curve, through a central a,ngle of 35"39'27", for an arC length of3L12 feet to the beginning of a curve to the left, having II radius of 850.00 feet; Thence continuing along said northwesterly line, the following two (2) courses: 1) Along said curve, through a central angle'ofl4°48'02", for an'arc length of 219.57 feet; 2) North 55° 16'51" East, 206.90 feet to the POINT OF BEGINNING ,of this description. Containing· an area of 9,594 square feet, 0.22 acre;s more or 11':8s. A plat showing the above-described paICels is attached here;in and made a part hereof liS Exhibit "Bn. This description was prepared by me 01" under my direction in conformance with the Professional Land Surveyors Act. ~' ~ :émYM~5797 ' License Expires 6130/2004 K.~1~1IW2-t~~ÐEAR.do¡: Dated:f~ z..r:- ~ "" Exhibit "A" Page 2 0[4 TEMPORARY CONSTRUCTION EASEMENT APN No. 941c0205-036 Exhibit "A" All that real property situate in the City of Dublin, County of Alamooa: State of California, being a portion of Parcel One described in that certain document rocorded on July 16, 2001 in Document No. 2001250985, Alameda County Records, ALSO being a portion óf PARCEL B as shownontllat certain map entitJed "PARCEL MAP 2695", filed for record on December 22, 1978 in Bool< 107 of Parcel Maps at Page 51, Alameda County Records, more particularly described as follows: BEGINNING at the northwest corner of PARCEL A, as shown on said map; Thence along the wèsterly 1ine of said PARCEL A,South 01°13'02" West 13.60 fe~t to the TRUE POINT OF BEGINNING; Thence continuing along last said line, South 01°13'02" West 6,13 feet; Thence leaving said westerly line, South 55°48' 18" West 14.89 feet; The;r1ce South 34°11'42" East 3.00 feet; Thence South 55°48' 18" West 5,6.00 feet; Thence North 34°11'42" West 3,00 feet; Thence South 55°48' 18" West 68.77 feet to the beginning of a curve to the right having a radius of 851.00 feet; Thence along said curve, through a central angle of 7°17'34", for an arc lengthof 108.32 feet to a point of compound curvature, having a radius of 77 .00 feet; Thence along said compound curve, through a central angle of 23°28'43", for an arc length of 31.55 feet; . Thence SOuth 86°34'35" West 32.70 feet to the beginning of a curve to the left having a radius of 95,00 fellt;, Thence along said curve, through a central angle of 17°21'29", for an arclength of 28.78 feet to a point of compound curvature having a radius of 829.00 feet; Thence along said compound curve, through a cCfntral angle of 1°30'23", for'an arc length of 21.80 feet to it point of compound curvature, having a radius of 34.20 feet; Exhibit "A" Page 3 of 4 Thence along last said compound curve, through a central angle of32°53'23", for an arc length of , 19,63 feet; , Thence North 52°09'54" West 5.00 feet to, the beginning of a non"tangent curve to the right, having a radius of 39,20 feet, to which point a raiiia] line bears 'South 52°09' 54" East; Thence along said cUrVe, through acentral angle of 32°53'23", for an arc length of 22.50 feet to a point of compoundclITvature, having a radius of 824.00 feet; , Thence along said curve, through a central angle of 1 °30'23", for an arc length of 21.66 feet to a point of compound <::urvature, having a radius, oflOO.OO feet; Thence along last said compound curve, through a central angle of 17°21 '29", for an arc length of 30.30 feet; -: , . Thence North 86°34'35" East 32.70 feet to the beginning of a curve to the left, having a radius of 72;00 feet; Thence along sajdcurve, through a central angle of 23°28'43", for ¡m arc length of 29.50 feet to a point of co'mpound curvature, having a radius of 846.00 feet; Thence along said compound curve, through a central angle of 7° 17'34", for an arc length of 107.68 feet; Thence\ North 55°48' 18" East 143.22 feet tQ theTRUE POINT OF BEGINNING, Containing an are¡¡ of 2,093 square feet, 0.05 acres more or less. The Temporary Construction Easement, described above, to terminate upon completion of consttuction; for the purposes and incidents thereto over, und~, upon and across the above described parcel. A plat showing the above-described parcels is attached herein and made a part hereof as Exhibit . . ' "B". This description was prepared by me or under my direction in conformance with the Professional Land Surveyors Act.' ' ~~ Billy Martin, LS 5797 ' License Expires 6I30/2Q06 . K.."M..In'2001\2001BC02-1O\LEGAl~.JIËAl'LTCE_B.-bm.~ Dated::;)""-1/, 2-f ~y-' Exhibit "A" Page 4 0£4 , J ; 'L 7 V FEE ACQUISITION / / /' l,.EGEND APN - ASSESSOR PARCEL NUMBER OR - OFFICIAL RECORDS P,O.B. - POINT OF BEGINNING /' - SQUARE FEET ,/ /.~<> , ~'v¢\: ,/~O ~ AV~r:f> *<;) POB ,/ /' /. BASIS OF BEARLNQ$. ' Ý THE BEARING N 32. '46'00" WEST, 11iE MONUMENT LINE ON DOUGHERTY ROAD, BEiWEEN FOUND MONUMENTS AS SHOWN ÒN 11iE MAP ENll11.ED "PARCEL MAP 1043" FILED FOR RECORD ON SEÞ"lEMBER 28, 1973 AND RECORDED IN BOOK 60 OF PARCEL MAPS AT PAGE 29, IS USED AS "!HE BASIS OF BEARINGS FOR "!HIS PLAT, DOC. NO. 2002598974 APN :941-0205-009-08 ,/ /" \.. ·.J'~B'.F E_'....._f...... ~~.rnn~ .__ _,_..._> r."Dr-rLI N 88'46'58" W 47.47' . "'- 0'" . '" ,.,. .'" ~Ln o '" PARCEL 1 DOC. NO. 94268159 APN: 941-0550-009-11 FEE ACQUISI:J10N 9,594 sq. ft. ± 0.22 acr'" ± PARcEL A j07 M 5J DOC;\! 2000076438 APN: 941-0205-37 PARCEL TWO EASEMENT FOR COMMON AREA OVER PARCEL A - t07 M 51 DOC. NO. 200t250985 UNE .TABLE BEARING t 3'02" W S 86'3 ' 5" W PARcEL B J01 M 5J LINE L1 L2 LENGTH 1 60' 32.70' PARCEL ONE, DOc: NO. 2001250985 APN: 941-0205-36 4780 CHABOT DRIVE SUITE 104 PLEASANTON, CA 94588 925-39.6-7700 925":'396-7799 (FAX) Sub jact EXHIBIT "B" ,DUBUN BLVD.-DOUGHERTY RD. WIDENING Job No. 20016002 By RL Data 6 /25 /04 Chkd.CK SHEET 1 OF 2 ¡~ ~"""'uI.Q ./ 1\ (~ 7 / ~ ./ OOC# 02-598974- APN: 941-0205-009-08 ./ /' '\I ....'" .:.rJo '}..i <i-' ,,",:>. '" ... ./ 4'fo~ ./ 'ð0 Ð ., ./.t9v.~ '*'\)'<- ;./ V>J ,00 ..-- ~~¡; 0/' 1-,\1 'ô'b ,if" \)1' ø-' " -- ----- ,~OO' /" .S' , .";") ':3: "j, ,. ~. I? r'tJ C4-./ ./ ./ / <¡,'}..<¡) -<,\) ./ !ò ~ r.'}..~\.& ./ ~<¡, '\);..c.'<9~ _/ . Î!'*" ,.;~ ~*¢"\jJ0 ",'I-~ C1 FEE' ACQUISITION 9,594- sq. ft. ± 0.22 acre. ± C5 LANDS OF GREEN BEAR A CALIFORNIA LIMITED LIABILITY COMPANY F>ARCEL ONE DOC. NO.' 200150985 APN: 94-1-0205-38 CURVE ÇI C2 C3 C4- C5 LINE L1 l2 PAAcE:L 8 J07' M 51 --- --- --- --- 14.00' DlJEJI./IV , 66'". COlJFrr "'~t <D --- --- --- --- --- ) ~ .,:,./" \ Ii ,~.....,__I'''- 4-780 CHABOT ORIVE SUITE 104- , PLEASANTON, CA 94-588 925-398-7700 925-3,98-7799 (FAX) Sub ect EXHIBIT "B" , DUaUN BLVD.-DOUGHERTY RD. WIDENING Job No. 20016002 By RL Date 5/24/04 Chkd.CK SHEET 2 OF 2 ~Bkf ._-,._,.__.._~ -1 U) ~ .... 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Subject EXHIBIT B DUBUN BLVD.-DOUGHERT'( RD.· WIDENING Job' No. 20016002 By RL bate 01/28/05_ ChkdRH SHEET _-..1.. OF 1