Loading...
HomeMy WebLinkAboutReso 95-24 Item 6.1 DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A Reso. No. 95-24, Item 6.1, Adopted 08/20/2024 Page 1 of 3 RESOLUTION NO. 95 – 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY LOCATED AT 5856 TASSAJARA ROAD, DUBLIN, CA (ALAMEDA COUNTY APN 986-28-2) AND A TEMPORARY CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF THE TASSAJARA ROAD IMPROVEMENTS – NORTH DUBLIN RANCH DRIVE TO QUARRY LANE SCHOOL PROJECT, CIP NO. ST0119 PROPERTY OWNERS: JAVID ROSHAN AND ZARMINA MAYAR PROPERTY LOCATION: 5856 TASSAJARA ROAD, DUBLIN, CA ALAMEDA COUNTY ASSESSOR’S PARCEL NO. 986-28-2 (PORTION) WHEREAS, in order to construct the Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119 (“Project”), 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, California Code of Civil Procedure sections 1240.010-1240.050, 1240.110, and 1240.120; California Government Code sections 37350.5, 39792, and 40404; and Streets and Highways Code section 10102; and WHEREAS, it is desirable and necessary for the Project for the City to acquire in fee a portion of the property located at 5868 Tassajara Road, Dublin, CA, along with a temporary construction easement (the “Property”) to widen Tassajara Road from two to four lanes between North Dublin Ranch Drive and Quarry Lane School, and also to add bike lanes, sidewalks, landscaping, stormwater treatment areas, street lighting, and relocate utilities, in order to more efficiently and safely move vehicular, pedestrian, and bicycle traffic on Tassajara Road; and WHEREAS, the Property is a portion of Alameda County Assessor’s Parcel Number 986- 28-2 in Dublin, California, and is more particularly described and depicted collectively in Exhibits A and B attached hereto, which is incorporated herein by this reference; and WHEREAS, pursuant to Code of Civil Procedure section 1245.235, the City provided the owners of the Property notice of hearing to consider a resolution of necessity to acquire the Property, informing them of the date and time any interested person can be heard before the City Council on the following matters and to have the City Council consider testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity to commence eminent domain proceedings: (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; and (d) Whether the City has made the offer required by Government Code section 7267.2 to the owners of record; and WHEREAS, an offer was presented to the property owners, pursuant to Government Code section 7267.1 and 7267.2, and the City made reasonable efforts to conclude negotiations in accordance with the requirements of Government Code section 7267.2; and Docusign Envelope ID: 2640FC10-F9D7-414D-A491-3A73EC197331 Reso. No. 95-24, Item 6.1, Adopted 08/20/2024 Page 2 of 3 WHEREAS, the City Council is satisfied that the requirements of the California Environmental Quality Act (“CEQA”) have been met, and public notice has been given in the form provided by law as part of the various approvals for the Project, and members of the public have been given extensive opportunity for public review and comment; and WHEREAS, on March 3, 2020, the City Council adopted Resolution No. 17-20 approving a CEQA Addendum to the Initial Study/Mitigated Negative Declaration, which was previously approved in 2004; and WHEREAS, the City Council considered this matter as an item placed on its agenda at its regular meeting on August 20, 2024; and WHEREAS, the finding and conclusions made by the City Council pursuant to this Resolution are based upon substantial evidence in the entire record before the City Council, and are not based solely on the information provided in this Resolution; and WHEREAS, prior to taking action, the City Council has heard, been presented with, reviewed, and considered all of the information and data in the administrative record, including each of the Project-related documents relevant to the adoption of this Resolution, including but not limited to the prior environmental review documents for the Project, and all oral and written evidence presented to it during all meetings and hearings; and WHEREAS, the City Council has duly considered all pertinent information presented to it on the issue before it, and specifically whether: (1) the public interest and necessity require the Project; (2) 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; (3) whether the Property sought to be acquired is necessary for the Project; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin has found, determined, and ordered as follows: 1. The City of Dublin intends to acquire through the exercise of the power of eminent domain the real property identified above as the “Property” and more particularly described and shown in Exhibits A and B, attached hereto and incorporated by reference. 2. The public use for which the Property is to be taken is for the widening of Tassajara Road from two to four lanes and adding bike lanes, sidewalks, landscaping, stormwater treatment areas, street lighting, and relocating utilities between North Dublin Ranch Drive and Quarry Lane School (the “Project”). 3. The City is authorized to acquire the Property for the Project pursuant to California Government Code sections 37350.5, 39792, and 40404, and Streets and Highways Code section 10102. 4. The City Council declares that is has found and determined each of the following: (a) The public interest and necessity require the Project. Docusign Envelope ID: 2640FC10-F9D7-414D-A491-3A73EC197331 Reso. No. 95-24, Item 6.1, Adopted 08/20/2024 Page 3 of 3 (b) The Project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury. (c) The Property is necessary for the Project. (d) The City has made the offer required by Government Code section 7267.2 to the owners of record of the Property as listed in the last equalized roll, and specifically to Javid Roshan and Zarmina Mayar. 5. The City of Dublin and its appropriate officers, employees, and agents are hereby authorized and empowered to: (a) Acquire, in the name of the City of Dublin, the Property by condemnation in accordance with the provisions of the Eminent Domain Law and Constitution of the State of California; (b) Prepare, file, and prosecute in the appropriate court, such proceedings in eminent domain as are necessary for the acquisition of the Property; (c) Deposit the probable amount of just compensation with the appropriate authority; and (d) Apply to a court of competent jurisdiction for an order permitting the City of Dublin to take immediate possession and use of the Property. 6. Notice and reasonable opportunity to appear and be heard on August 20, 2024, on the matters enumerated in the Code of Civil Procedure section 1240.030 has been given to each of the persons whose name and address appears on the County’s last equalized roll and specifically to Javid Roshan and Zarmina Mayar. PASSED, APPROVED AND ADOPTED this 20th day of August 2024, by the following vote: AYES: Councilmembers Hu, Josey, Qaadri, Thalblum and Mayor McCorriston NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk Docusign Envelope ID: 2640FC10-F9D7-414D-A491-3A73EC197331 4670 Willow Road Suite 250 Pleasanton California 94588 phone 925.396.7700 fax 925.396.7799 www.bkf.com 1RYHPEHU %.)-RE1R 3DJHRI /(*$/'(6&5,37,21 (;+,%,7$)(($&48,6,7,21  5HDOSURSHUW\VLWXDWHLQWKH&LW\RI'XEOLQ&RXQW\RI$ODPHGD6WDWHRI&DOLIRUQLDGHVFULEHGDV IROORZV  %HLQJDSRUWLRQRIWKHODQGVRI-DYLG5RVKDQDQG=DUPLQD0D\DUDVGHVFULEHGLQWKDWFHUWDLQ *UDQW'HHGILOHGIRUUHFRUGRQ2FWREHUDV'RFXPHQW1XPEHULQWKH 2IILFHRIWKH&RXQW\5HFRUGHURI$ODPHGD&RXQW\PRUHSDUWLFXODUO\GHVFULEHGDVIROORZV  &200(1&,1*DWWKHQRUWKHUO\PRQXPHQWDVVKRZQDV³1ž  ( 00 ´RQWKH 7UDFW0DS7DVVDMDUD&UHHNILOHGIRUUHFRUGRQ$SULOLQ%RRNRI7UDFW0DSV 3DJHVWKURXJKLQWKH2IILFHRIWKH&RXQW\5HFRUGHURI$ODPHGD&RXQW\  7KHQFH6RXWKƒ (DVWIHHW  7KHQFHSHUSHQGLFXODUWRWKHODVWGHVFULEHGFRXUVH1RUWKž¶´:HVWIHHWWRWKH ZHVWHUO\OLQHRI7DVVDMDUD5RDGVDLGSRLQWDOVREULQJWKH758(32,172)%(*,1,1*  7KHQFHDORQJWKHVDLGZHVWHUO\OLQH6RXWKƒ :HVWIHHW  7KHQFHDORQJWKHVRXWKHUO\OLQHRIVDLGODQGV  1RUWKƒ :HVWIHHW  7KHQFHOHDYLQJVDLGVRXWKHUO\OLQHDORQJWKHIROORZLQJILYH  FRXUVHV  1RUWKƒ (DVWIHHW  1RUWKƒ :HVWIHHW  1RUWKƒ (DVWIHHW  6RXWKƒ (DVWIHHW  1RUWKƒ (DVWIHHWWRWKHQRUWKHUO\OLQHRIVDLGODQGV  7KHQFHDORQJVDLGQRUWKHUO\OLQH6RXWKƒ (DVWIHHWWRWKH758(32,172) %(*,11,1*  &RQWDLQLQJVTXDUHIHHWPRUHRUOHVV   $VVKRZQRQSODWDWWDFKHGKHUHWRDQGE\WKLVUHIHUHQFHPDGHSDUWKHUHRIDV([KLELW%  )RU %.)(QJLQHHUV    BBBBBBBBBBBBBBBBBBBBBBBBB  'DYLV7KUHVK3/61R    BBBBBBBBBBBBBBBBBBBBBBBBB  'DWHG Exhibits A & BDocusign Envelope ID: 2640FC10-F9D7-414D-A491-3A73EC197331 Docusign Envelope ID: 2640FC10-F9D7-414D-A491-3A73EC197331 4670 Willow Road Suite 250 Pleasanton California 94588 phone 925.396.7700 fax 925.396.7799 www.bkf.com October 24, 2022 BKF Job No: 20190525 Page 1 of 1 LEGAL DESCRIPTION EXHIBIT A: TEMPORARY CONSTRUCTION EASEMENT Real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of the lands of Javid Roshan and Zarmina Mayar as described in that certain Grant Deed filed for record on October 31, 2013 as Document Number 2013-350453, in the Office of the County Recorder of Alameda County, more particularly described as follows: COMMENCING at the northerly monument as shown as “N03º24'16'E 2057.32'(M-M)” on the Tract Map7075 Tassajara Creek filed for record on April 18, 2001 in Book 257 of Tract Maps, Pages 47 through 61, in the Office of the County Recorder of Alameda County, Thence South 3°24'16" East, 537.36 feet; Thence perpendicular to the last described course, North 86º35’44” West 33.00 feet to the westerly line of Tassajara Road; Thence along the northerly line of said lands (2013-350453), North 85º42’56” West 9.00 feet, said point also bring the TRUE POINT OF BEGINING; Thence along said northerly line, North 85°37'49" West, 10.00 feet; Thence leaving said northerly line, South 3°24'16" West, 214.22 feet to the southerly line of said lands; Thence along said southerly line, South 86°09'04" East, 10.00 feet; Thence leaving said southerly line the following five (5) courses: 1) North 3°24'16" East, 130.51 feet; 2) North 86°35'44" West, 0.67 feet; 3) North 3°24'16" East, 69.11 feet; 4) South 86°35'44" East, 0.67 feet; 5) North 3°24'16" East, 14.51 feet to the TRUE POINT OF BEGINNING. Containing 2,095 square feet, more or less. As shown on plat attached hereto and by this reference made part hereof as Exhibit B. For: BKF Engineers _________________________ Davis Thresh, P.L.S. No. 6868 _________________________ Dated Docusign Envelope ID: 2640FC10-F9D7-414D-A491-3A73EC197331 POC TEMPORARY CONSTRUCTION EASEMENT TPOB 190525_DOC_PLAT.dwgPl o t O c t 2 4 , 2 0 2 2 a t 1 0 : 4 2 a m COPYRIGHT © BKF ENGINEERS2021 BKF ENGINEERS 4670 WILLOW ROAD SUITE 250 PLEASANTON, CA 94588 (925) 396-7700 www.bkf.com EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT 20190525 KH 10/24/2022 WS 1 1 40 scale 1" = 40' 0 40 feet LEGEND Docusign Envelope ID: 2640FC10-F9D7-414D-A491-3A73EC197331