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Home My WebLink AboutReso 207-05 EminentDomainGil RESOLUTION NO. 207-05 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 - RALPH & PAULINE GIL, TRUSTEES OF RALPH & PAULINE GIL LIVING TRUST, PROPERTY OWNERS Assessor's Parcel No. 941-0550-012-08 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.ll0, 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 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 compati\Jle 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 off\"r 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 P~e 10f2 WHEREAS, the City of Dublin has satisfied the provisions ofthe 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, 2005, by the following vote: AYES: Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ATT~ll~\.\~ r City Clerk Row No. 207-m, .dopt<d lOllS/OJ, Item #6., Pa~e 2 of2 .~.~ . ),' FEEACQUISITION APN No, 941-055Œ-OI2-08 ' E:ùribit "A" An that real property situate in the City of Dubiin, County of Alameda, State of California, desori bed as follows: Being' a porn on of the parcel described in that certain document recorded on June 6, 1994 in Doctunent No,94-207~55, Alameda County Recorci<¡, and more particularly described as follows: BEGINNING at the intersection of the Westerly line of said parcel with the northeasterly right-of" way of CAL1RANS, a varying width right-of-way, as shown on CALTRANS RIGHT-OF-WAY RECORD MAP R-6(),33A; Thence along said westerly line, Nòrth 01°12' 40" East 69,66 feet; -Thence-leaving said Jine, South 33°30'17" East 8.74 feet; Thence South 33°11'16" East 130.77 feet; Thence South 31"40'04" East 108.26 feet to the beginning of a curve to the right having '¡¡radius of 156.00 feet; Thence along said curve,tbrough a central angle of 13~18'09", an arc length of 36,22 feet to the southwesterly line of said parcel, also being said northeasterly lipe: Qf said CALTRANS right-of- way, said point being the beginning of a: non-tangent curve to the right, having a radius of 500,00 feet, to which point a radial line bears South 38°02'18" West; Thence along said curve, along said lines, through a central. angle of 15°20'51", anaI;'¢ lengi:};l of 133.93 feet; Thence North 36°36'51" West '95.17 Ü:et to the POINT, OF BEGINNING. .,' Containing an ,area of 7,415 square feet, 0,17 acres, more or less. TOGETIIER with a Temporary Construction Ea¡;emMt. to terminate upon completion of construction, fOr the purposes and incidents thereto over, under, across and upon a strip of land 8.00 feet in width, lying contiguous to the northeasterly line of the above described parcel and bounded on the west by the westerly line o( said parcel and on the south b:i the ßALTRANS right- of-way as shown in CALTRANS RIGHT-OF-Vi':AYRECORD MAP R-60.33A Exhibit "An 'Pagelof2 ( ) ( ) ( ) ! A plat showing the I1bove-described parcel is attached herein and made a part hereof as Exhibit "En. . . Dated: 2.-\17' -.oS Randall Heilœn, LS 5756 Ilcense Expires 6f30J20û6 Ki"Matnœ01\2CC\a(!D2"1C\l.EGAI.\11It2..dDI:I . Exhibit "A" Page 2 of2 ........., I ,.,¡:j.' ~t "'0 ""~ ~ t "'0 I,n ~l{') "10 dJ.. . z..... . '" dz "cD OC;,... D C<t;; ~ ~ ". ., .~. .,¡' ~ ....... ~"." ~ 't,~~ ~" "'''b 0~ ~'\ FEE ACQUISITION ~ 'Y-e, ('\ C? J>J> ?¥tS' 'f BASIS OF BEARINGS THE BEARING N 32'48'00" WEST, THE MONUMENT LINE ON DOUGHER1Y ROAD, BETWEEN FOUND MONUMENTS AS SHOWN ON THE MAP ENTITLED- "PARCEL MAP 1M3" ~LED FOR RECORD ON SEPTEMBER 28, 1973 AND RECORDED IN BOOK 80 OF PARCEL'MAPS AT PAGE 29, IS USED AS THE BASIS OF BEARINGS FOR THIS PLAT. .~ III ~ LEGEND APN - ASSESSOR PARCEL NUMBER 0,1', - OFFICIAL RECORDS 1",0.8, - POINT OF BEGINNING sq, ft. - SQU ARE FEET T:C,E. ~ TEMPORARY CONSTRUCTION EASEMENT '\ .~. w - NON ACCESS AREA REFERFNCFS CD 18 M 90-91 '\ ~. \. ~ \. ~, " "Z"" \. ~ REEL 1568 IMAGE 620 GRANT DEED TO STATE OF CAUFORNIA AND RELEASE OF ABUTTERS RIGHTS \. ~ .j¡ <1 "'&, < '& 'b "', -20;00" </<.1',9 .s,. J'. . UNE L1 LINE TABLE BEARING S 33'30'17" LENGTH 8.74' LENGTH 36, ' Ii'."", <1 '-'00 ¿." ':J-"" ·00' l.,t '" ....:». "1oJO" 8,kf-' Sub 'ect EXHIB1T »S" DUgUN BLVD.-DOUGHERTY RD. WIDENING Job No, 20016002 ByRL Date 02/15/05 ChkdBLH . SHEET 1 oF1 1~",:Q:I\.D'I..nop'\'Dwa\"I.G."t~\úTI.lõArn ?/1~a~ B..,fIoP? 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