HomeMy WebLinkAboutReso 216-01 DubBlWidSandelmanRESOLUTION NO. 216 - 01
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
Assessor's Parcel Nos. 941-1401-12-01 & 941-1401-12-02
WHEREAS, it is desirable and necessary for the City of Dublin to acquire fee title and temporary
construction easements within certain real property, particularly described in Exhibit "A"~ attached hereto
and made a part hereof by reference, in order to construct, widen and/or improve Dublin Boulevard as part
of the Dublin Boulevard Widening Project located between Village Parkway and Sierra Court/Civic Plaza
(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 1, Section 19, of the Constitution of the State of California,
Government Code Sections 37350.5 and 37353(a) and Sections 1240.050, 1240.110, 1240.120, 1240.125,
1240.150, 1240.240, 1240.410 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
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
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 easements in and through the above-identified parcel of land.
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 and the temporary construction easements in and to the
real property more particularly described in said Exhibit "A" 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 fight of immediate possession.
The foregoing Resolution was adopted at a regular meeting of the City Council held on the 18th day
of December 2001, by the following vote:
AYES:
Councilmembers McCormick, Oravetz and Zika and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
ATTESTS/)~ ~
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Mayor
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2
EXHIBIT 'A'
OWNERS: SANFORD SANDELMAN, TRUSTEE
SUSAN SANDELMAN, SUCCESSOR TRUSTEE
APNs 941-1401-12-01 & 941-1401-12-02
FEE SIMPLE AND TEMPORARY CONSTRUCTION EASEMENT
City of Dublin
Alameda County, California
03/16/01
1005
Sanford Sandelman
Trustee
Page 1' .of 2
PARCEL 1 (1005-1) (Fee)
Being a portion of the lands described in the deed to the Sanford Sandelman, as trustee
of the Alisue Trust under trust Agreement made August 27,1975 as to an undivided one-
half interest, and Sanford Sandelman, as one-half interest, as tenants in common as
recorded on December 30, 1986 at Instrument Number 85-329887 in the office of the
County Recorder of Alameda County, California, more particularly described as follows:
BEGINNING at the most easterly corner of said lands at a point on the southerly line of
Dublin Boulevard as established by the Grant of right-of-way by Volk-Mc Lain
Communities, Inc. to the County of Alameda, dated August 19, 1964, recorded August
28,1964, on Reel 1298, Image 16, under Recorder's series No. AW-138893 of Alameda
County Records;
Thence along the northerly line of said lands and the southerly line of Dublin Boulevard
N.72°43'46"W. 113.207 meters;
Thence along last said line along a curve to the left having a radius of 12.802 meters,
through a central angle of 86°03'23'' for an arc length of 19.228 meters;
Thence S.21°12'51"W. 3.120 meters;
Thence along a non-tangent curve to the right having a radius of 12.562 meters, from a
tangent that bears N.21°12'51"E., through a central angle of 86°03'15'' for an arc length
of 18.867 meters;
Thence S.72°43'54"E. 113.396 meters to the southeasterly line of said lands;
Thence N.21°49'31"E. 3.342 meters to the Point of Beginning.
Containing 416.1 square meters, more or less.
Parcel 2 (1005-2)(Temporary Construction Easement)
A Temporary Construction Easement, due to expire on March 31, 2003, located in a
portion of the lands described in the deed to the San. fgrd Sandelman, as trustee of the
Alisue Trust under trust Agreement made August 27,1975 as to an undivided ~)ne-half
interest, and Sanford Sandelman, as one-half interest, as tenants in common as
recorded on December 30, 1986 at Instrument Number 85-329887 in the office of the
County Recorder of Alameda County, California, more particularly described as follows:
COMMENCING at the most eastedy corner of said lands at a point on the southerly iine
of Dublin Boulevard as established by the Grant of right-of-way by Volk-Mc Lain
Communities, Inc. to the County of Alameda, dated August 19, 1964, recorded August
28,1964,' on Reel 1298, Image 16, under Recorder's series No. AW-138893 of Alameda
County Records;
Thence along the southeasterly line of said lands S.21°49'31"W. 3.342 meters to the
TRUE POINT OF BEGINNING;
Thence continuing along last said Kine S.21°49'3 I"W. 1.529 meters;
City of Dublin
Alameda County, Califomia
03/16/01
1005
Sanford Sandelman
Trustee
Page 2 of 2
Thence leaving said line N.72°43'54'~JV. 113.274 meters;
Thence along a curve to the left. having a radius of 11.038 meters, through a central
angle of 86°03'15'' for an arc length of 16.578 meters;
Thence N.68°47'O9'~/V. 1.524 meters to northwesterly line of said lands and being the
southeasterly right-of-way line of Clark Avenue;
Thence along last said line on a curve to the right having a radius of 12.562 meters, from
a tangent that bears N.21°12'51"E., through a central angle of 86°03'15' for an arc
length of 18.867 meters;
Thence S.72°43'54"E. 113.396 meters to the True Point of Beginning.
Containing .199.7 square meters, more or less.
Bearings and distances used in the above descriptions are based on the California
Coordinate System of 1983, Zone 3, CA-HPGN, Epoch 1991.35. Multiply distances
shown by 1.00008133 to obtain ground, distances.' To convert meters to U.S. Survey feet
multiply distance by 3937/1200.
This real property description has been prepared by me,
conformance with the Professional Land Surveyors Act.
or under my direction, in
Date
T.P.O.B.
P.O.B.
P.O.C.
TCE
(N) R/W
(e) r/w
1.524
';END
True Point of Beginning
Description by Choudhory & Associates,
Inc., doted March 14, 2001
Point of Beginnin9
Description by Chaudhary & Associates,
Inc., doted March 11, 2001
Point of Commencement
Temporary Construction Easement
New Right of Way
Existing Right of Way
Parcel Designation No.
/R=12.802
L=19.228
/ A =86'05;23"
DUBLIN
EXHi "A"
Parcel 1 (FEE)
Parcel 2 (TCE)
N72'43'46"W (E) R/W
BLVD
115.207
P.O.C. ~
Parcel 2 ~
Parcel 1
N21 '49'.31 "E ,,~
.3..342
~ R=11.058
L=16 578
A =86'0.3'15"
12.562
L--18. B67
A=86.03'15-
)9"W
Parcel t Area=416.1 sq. meters +
_LPoLce_[_2. -reo=l __=- sq=_. me ers ~
S72'45'54"E
S72'4.3'54"E
1005
(N) R,/W 113..396
Parcel 2--.-/ /
1.529---/ .~
115.274
TCE EXPIRES
3/31/03
- o87
J~] CHAUDHARY & ASSOClA?~.S ZNC ~ : : J ARY CONSTRUCTION rac~-urut
SCALE 1500 ACQUISITION & TEMPOR
I~1 ~.~i~,,. · surveyor., Planne~ '~'~c~ / .... I .......... P~T
~ .,, ~ ~ I I J DATE: March 14, 01 J Of A Podlon
.~.,c~.. J J Of The Lands of Sonford Sondelmon
,,o,,,,, .... 9969 latsdw 'FILE NO 99 10 69 ........
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