HomeMy WebLinkAboutReso 113-91 Eminent Domain Dublin Blvd Extension
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RESOLUTION NO. 113
- 91
A RESOLUTION OF THE CITY OF DUBLIN
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
Dublin Boulevard Extension Project
Assessor's parcel Nos. 941-550-10-6; 941-550-10-11;
941-550-12-7; 941-550-13-2; and 941-550-22-3
IT IS RESOLVED by the city of DUblin, California, as
follows:
WHEREAS, it is desirable and necessary for the City of
DUblin to acquire certain real property, particularly described
in Exhibit "A", attached hereto and made a part hereof by
reference, in order to construct the extension of Dublin
Boulevard from Dougherty Road to the Southern Pacific Railroad
corridor;
WHEREAS, the city of Dublin is vested with the power of
eminent domain to acquire real property by virtue of Article 1,
Section 19, of the Constitution of the state of California, 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
114\resQl\a~qulsi.e~s
October 28, 1991
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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; and
(c) Whether the property sought to be
acquired is necessary for the
Project;
WHEREAS, pursuant to the provisions of section 7267.2 of the
Government Code of the State of California, the City of DUblin
has made offers to the owner or owners of record to acquire the
subject property for just compensation;
WHEREAS, a Negative Declaration has been prepared for the
adoption of the plan line for the Dublin Boulevard extension from
Dougherty Road to the Southern Pacific Railroad corridor and a
Negative Declaration has been prepared for the construction of
the roadway extension; and public notice has been given in the
form provided by law, and members of the public have been given
an opportunity for public review and comment;
114\j@sQl\acquisi.ehs
October 28, 1991
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NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as
follows:
1. The public interest and necessity require the Project
which is the extension of Dublin Boulevard from Dougherty Road to
the Southern Pacific Railroad corridor.
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 real property described in Exhibit "A" hereto is
necessary for the Project.
4. The offers required by section 7267.2 of the Government
Code of the State of California have been made to the owner or
owners of record of the real property described in Exhibit "A".
5. On April 11, 1988, the City Council of the City of
Dublin by Resolution No. 53-88, adopted a Negative Declaration
for the adoption of the plan line of Dublin Boulevard to the
Southern Pacific Railroad corridor, pursuant to the california
Environmental Quality Act. The Notice of Determination for the
Negative Declaration was filed with the Alameda county Clerk on
May 26, 1988. On October 29, 1990, the city Council of the city
of DUblin by Resolution No. 134-90, adopted a Negative
Declaration for the construction of the roadway extension from
Dougherty Road to the Southern Pacific Railroad Corridor,
pursuant to the California Environmental Quality Act. The Notice
114\resQl\a~qufsi ehs
October 28, 1991
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of Determination for the Negative Declaration was filed with the
Alameda County Clerk on November 15, 1990.
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 of Dublin held on the 28th day of October.
AYES:
NOES:
Councilmembers Burton, Howard, Jeffery, Moffatt & Mayor Snyder
None
ABSENT:
None
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.. PETER W. SNYDER, yor
ATTEST:
(~(kd
i(J(i[ C, Cl t Clerk
114\resol\acquisi.ehs
October 28, 1991
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PARCEL A-1, ~ OF CORALLO
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REAL PROPERTY m THE CITY OF DUBLIN, COUNTY OF ALAMEDA'; STATE OF (
CALIFORNIA, A PORTION OF THE LANDS OF CORALLO AS DESCRIBED IN THE
DEED RECORDED SEPTEMBER 19, 1990 UNDER SERIES NUMBER 90-260125 IN
THE OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
aEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 1 OF TRACT 4978,
RECORDED IN BOOK 145 OF MAPS AT PAGE 3 IN THE RECORDS OF SAID
COUNTYj THENCE S. 880 46' 45" E. ALONG THE SOUTHERLY LINE OF SAID
TRACT 229.72 FEET TO THE NORTHWESTERLY CORNER OF SAID LANDS OF
CORALLO AND THE ACTUAL POINT QE BEGINNING; THENCE THROUGH THE
FOLLOWING NUMBERED COURSES:
1) S. 880 46' 45" E., CONTINUING ALONG THE SOUTHERLY LINE OF
SAID TRACT, 131.31 FEET TO THE EASTERLY LINE OF SAID LANDS OF
CORALLO
2) S. 010 12' 2BM W., ALONG SAID EASTERLY LINE, Bl.69 FEET TO A
CURVE TO THE LEFT WITH A RADIUS OF 1067.00 FEET
3) FROM A TANGENT THAT BEARS S. 5Bo 12' 56" W. ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 010 01' 10" AN ARC DISTANCE OF lB.9B
FEET
4) S. 570 11' 46M W. 139.31 FEET TO THE WESTERLY LINE OF SAID
LANDS OF CORALLO
5) N. 010 12' 2B" E., ALONG SAID LINE, 170.13 FEET TO THE ACTUAL
POINT QE BEGINNING
THIS PARCEL CONTAINS 0.3793 ACRES MORE OR LESS.
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DESCRIPTION PREPARED BY:
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WILL B. MASTERSON, LS
EXP 9/30/92
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EXHiBiT A
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PARCEL A-2, ~ OF CORALLO
REAL PROPERTY m THE CITY OF DUBLIN, COUNTY OF ALAMEDA: STATE OF (
CALIFORNIA, A PORTION OF THE LANDS OF CORALLO AS DESCRIBED IN THE
DEED RECORDED SEPTEMBER 19, 1990 UNDER SERIES NUMBER 90-260125 IN
THE OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 1 OF TRACT 4978,
RECORDED IN BOOK 145 OF MAPS A~ PAGE 3 IN 'rUE RECORDS OF SAID
COUNTY; THENCE S. 880 46' 45" E. ALONG 'rBE SOtr.rRERLY LINE OF SAID
TRACT 361.03 FEET TO THE EASTERLY LINE OF SAID LANDS OF CORALLO;
THENCE S. 010 12' 28" W. ALONG SAID LINE 81.69 FEET TO THE ACTUAL
POINT ~ BEGINNINGj THENCE THROUGH THE POLLOWING NUMBERED
COURSES:
1) S. 010 12' 28" W., CONTINUING ALONG SAID LINE, 151.80 FEET
2) S. 570 11' 46" w. 1.46 FEET TO A CURVE TO THE LEFT WITH A
RADIUS OF 50.00 FEET
3) SOUTHERLY ALONG SAID CORVE THROUGH A CENTRAL ANGLE OF 900 TO
THE NORTHERLY LINE OF SCARLETT COURT AS DESCRIBED IN THE DEED TO
THE STATE OF CALIFORNIA RECORDED IN REEL 1327 AT IMAGE 66 IN THE
RECORDS OF SAID COUNTY
4) N. 320 48' 14" w. 26.06 FEET TO A CURVE TO THE LEFT WITH A
RADIUS OF 128.01 FEET
5) WESTERLY ALONG SAID CORVE THROUGH A CENTRAL ANGLE OF 540 10'
13" AN ARC DISTANCE OF 121.03 FEET TO THE WESTERLY LINE OF SAID
LANDS OF CORALLO
6) N. 010 12' 28" E., ALONG SAID LINE, 55.68 FEET {~
7) N. 570 11' 46" E. 139.31 FEET TO A CURVE. TO THE RIGHT WI!t'H A
RADIUS OF 1067.00 FEET
8) NORTHWESTERLY ALONG SAID CURVE !t'HROUGB A CENTRAL ANGLE OF 010
01' 10" AN ARC DISTANCE OF 18.9B FEET TO THE ACTUAL POINT 2l::
BEGINNING
THIS PARCEL CONTAnIS 0.3617 ACRES MORE OR LESS.
DESCRIPTION PREPARED BY;
WILLIAM B. MASTERSON, LS 4818
EXP 9/30/92
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EXHIBiT A
PARCEL A- 3, LAN.F CORALLO
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REAL PROPERTY IN THE CITY OF DUBLIN, COUNTY OF AI.AMEDA;" STATE OF (
CALIFORNIA, A PORTION OF THE LANDS OF CORALLO AS DESCRIBED IN THE
DEED RECORDED SEPTEMBER 19, 1990 UNDER SERIES NUMBER 90-260125 IN
THE OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 1 OF TRACT 4978,
RECORDED IN BOOK 145 OF MAPS AT PAGE 1 IN THE RECORDS OF SAID
COUNTY; THENCE S. 880 46' 45" B. ALONG THE SOUTBERLY LINE OF SAID
TRACT 361.03 FEET TO THE EASTERLY LINE OF SAID LANDS OF CORALLO 1
THENCE S. 010 12' 28M W. ALONG SAID LINE ,233.49 FEET TO THE
ACTUAL POINT ~ BEGINNINGj THENCE TBROUGB !rHE FOLLOWING NUMBERED
COURSES:
1) S. 570 11' 46" W. 1.46 FEE!!! 'lO A CURVE TO THE LEFT WITH A
RADIUS OF 50.00 FEET
2) SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 AN
ARC DISTANCE OF 78.54 FEET TO THE NOR!!!HERLY LINE OF SCARLETT
COURT AS DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORD-
ED IN REEL 1327 AT IMAGE 66 IN THE RECORDS OF SAID COUNTY
3) S. 320 48' 14" E. ALONG SAID NORTHERLY LINE 26.25 FEET TO
SAln EASTERLY LINE OF THE LANDS OF CORALLO
4) N. 010 12' 28M E., ALONG SAID LINE, 91.99 FEE!!! TO THE ACTUAL
POINT OF BEGINNING
THIS PARCEL CONTAINS 1425 SQUARE FEET MORE OR LESS.
DESCRIPTION PREPARED BY:
WILLIAM B. MASTERSON, LS
EXP 9/30/92
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EXHIBIT A
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OF NOHR
PARCEL B-1,
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REAL PROPERTY In TEE CITY OF DUBLIN, COUNTY OF ALAMEDA, S~TE OF
CAL!FORNIA, A POR~ION OF THE LANDS OF ROHR AS DESCRIBED IN THE
DEEO RECORDED FEBRUARY 9, 1984 UNDER SERIES NUMBER 84-026125 IN
THE OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWSz
BEGINNING AT THE SOUTBWESTERLY CORNER OF LOT 1 OF TRACT 497a,
RECORDED IN SO OK 145 OF MAPS AT PAGE 3 IN THE RECORDS OF SAID
COUNTY; THENCE 5. 880 46' 45" E. ALONG THE SOU'I'HERLY LINE OF SAID
TRACT 361.03 FEET TO THE NORTHWESTERLY CORNER OF SAID LANDS OF
NOHR AND THE ACTUAL POINT ~ BEGINNING I THENCE TaRoUGH THE FOL-
LOWING NUMBERED COURSES:
1) S. aao 46' 45" E., CONTINUING ALONG THE SOUTHERLY LINE OF
SAID TRACT, 151.19 FEET TO A CURVE TO THE LEFT WITH A RADIUS OF
1067.00 FEET
2) FROM A't'ANGlillT THAT BEARS S. 670 27' 09" W. ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 090 14' 13" AN ARC DISTANCE OF 172.02
FEET TO THE WESTERLY LINE OF SAID LANDS OF MOHR
3) N. 010 12' 28- E., ALONG SAID LINE, 81.69 FEET TO THE ACTUAL
POINT 2r BEGINNING
THIS PARCEL CONTAINS 0.1327 ACRES MORE OR LESS.
DESCRIPTION PREPARED BY:
WILLIAM B. MASTERSON, LS 4818 "
EXP 9/30/92
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PARCEL B-2, ~ OF NOIlR
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REAL PROPERTY m THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF
CALIFORNIA, A PORTION OF THE LANDS OF NOIlR AS DESCRIBED IN THE
DEED RECORDED FEBRUARY 9, 1984 UNDER SERIES NUMBER 84-026125 IN
THE OFFICIAL RECORDS OF SAID COUNTY, DEScaIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 1 OF TRACT 4978,
RECORDED IN BOOK 145 OF MAPS AT PAGE 3 IN THE RECORDS OF SAID
COUNTY; THENCE S. 880 46' 45" E. ALONG THE SOUTHERLY LINE OF SAID
TRACT 560.93 FEET TO THE EASTERLY LINE OF SAID LANDS OF NOHR AND
THE ACTUAL POINT QE BEGINNINGj THENCE THROUGH THE FOLLOWING
NUMBERED COURSES:
1) S. 010 12' 28M W., ALONG SAID EASTERLY LINE, 111.84 FEET TO A
CURVE TO THE LEFT WITH A RADIUS OF 697.42 FEET
2} FROM A TANGEN'!' THAT BEARS S. 670 23' 36" W. THROUGH A CENTRAL
ANGLE OF 100 11' 50" AN ARC DISTANCE OF 124.12 FEET
3) S. 570 11' 46M W. 110.25 FEET TO THE WESTERLY LINE OF SAID
LANDS OF- NOHR
4) N. 010 12' 28M E., ALONG SAID LINE, 151.80 FEET TO A CURVE TO
THE RIGHT WITH A RADIUS OF 1067.00 FEET
5 I FROM A TANGEN'!' THAT BEARS N. 580 12' 56'. E. THROUGH A CENTRAL
ANGLE OF 090 14' 13" AN ARC DISTANCE OF 172.02 FEET TO SAID LINE
OF SAID TRACT
6} S. 880 46' 45" E., ALONG SAID LINE, 48.71 FEET TO THE ACTUAL
POINT OF SEGINNING
THIS PARCEL CONTAIlIS O. 6406 ACRES MORE OR LESS.
DESCRIPTION PREPARED BY:
WILLIAM B. MASTERSON, LS
EXP 9/30/92
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PARCEL C-1, LANDS OF DOLAN
TO 'i4288U
p.a2
B9....1S...199l 115142 FIIl:Otfr 'LI
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REAL PROPERTY m TEE CITY OF DUBLIN, CCllUn::L OF ALiNEDA, S'J!A1'E OF
CALIFORNIA, A POR'rJ:ON OF THE LANDS OF DOLiW AS DBSCRDmD IN THE
DEED RECOROED OC=OBER 4, 1976 IN REEL 4549 ~ DMAGE 171 rN THE
On'ICIAL RECORDS OF SAID COUNTY, DESCRIBED AS rou.aws i
BEGINNING AT TEe SOUTHWESTERLY CORNER OF LOT 1 OF TRACT 4978,
RECORDED IN BOOK 145 OF MAPS AT PAGE 3 rN 'tHE RECORDS OF SAID
COUNTY; THENCE S. 880 46' 45" B. ALONG THE SOu.-.&:I:LlSALY r.nm OF SAID
TRACT 560.93 nET TO TaB WESTERLY LINE OF SAJ:D LiWDS OF DOLAN;
THENCE Tl!ROUGEl '1'BE FOLLOWING NUMBERED COUBSES'
1) S. 880 46' 4S~ 2., CONTINUING ALONG SAZD ~T LINE, 190.14
FEET TO TBE EASTERLY LINE OF SAID LANDS OF DOIJIB
2) S. 010 12' 2S~ K., ALONG" SAID LINE, 51.04 r.EET'~ A CURVE TO
THE LEFT KITH A RADIUS OF 945.00 FEET
3) FROM A TAllcu:NT 'l'HAT BEARS S. 790 32' 56" W. TBBOUGH A CZNTRAL
ANGLE OF 120 02' 22" AN ARC DISTANCE OF 198.57 lI'EE'!
4) S. 670 27' OS" W. 1.41 FEET TO SJUD KBS!rEBLY LINE OF SAID
LANDS
5) N. 010 12' 28~ B., ALONG SAID LINE, 111.84 :E'EB'1' TO TIlE POI1lT
OF BEGINNING
THIS PARCEL CONT~S 0.3393 ACRES MORE OR LiSS.
DESCRIPTION PREPARED BY:
WILLIAM B. MASTERSON, LS 4618
EXP 9130/92
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EXHiBiT A
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PARCEL D-l,
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LAN"OF ROSS, ET AL
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REAL PROPERTY IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF
CALIFORNIA, A PORTION OF THE LANDS OF ROSS, ET AL DESCRIBED IN
THE GRANT DEED RECORDED ON APRIL 29, 1977 IN REEL 4835 AT IMAGE
93 IN THE OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT ALAMEDA COUNTY SURVEYOR'S MONUMENT R DOU-DUB 1975, R
LOCATED IN THE INTERSECTION OF DOUGHERTY ROAD AND DUBLIN BOOLE-
VARD AND LYING S. 320 48' 14" E. 350.24 FEET FROM ALAMEDA COUNTY
SURVEYOR'S MONUMENT RDOU-A 19761" THENCE S. 320 48' 14" E. 70.94
FEET, AND N. 570 11' 46" E. 56.08 FEET TO THE POINT OF BEGINNING
OF THE DEED CONVEYING THE PARCEL OF LAND TO THE COUNTY OF ALAMEDA
DESCRIBED IN REEL 2402 AT IMAGE 255 IN THE RECORDS OF SAID COUN-
TY; THENCE S. 320 48' 14" E. 14.36 FEET TO THE SOUTHERLY CORNER
OF SAID PARCEL AND THE ACTUAL POINT Ql BBGINNING; THENCE ALONG
THE GENERAL SOUTHERLY LINE OF SAID PARCEL THROUGH THE FOLLOWING
NUMBERED' COURSES:
1) FROM A TANGENT THAT BEARS N. 320 48' 14" W. ALONG A CURVE TO
THE RIGHT WITH A RADIUS OF 164.02 FEET THROUGH A CENTRAL ANGLE OF
160 27' 40" AN ARC DISTANCE OF 47.12 FEET TO A CURVE TO THE RIGHT
WITH A RADIUS OF 34.00 FEET
2) ALONG SAID CURVE THROUGB A CENTRAL ANGLE OF 870 44' 57" AN
ARC DISTANCE OF 52.08 FEET TO _c, CURVE TO THE RIGHT WITH A RADIUS
OF 72.01 FEET
3) ALONG SAID CURVE THROUG:: .->. CENTRAL ANGLE OF 750 47' 23" AN
ARC DISTANCE OF 95.25 FEET
,THENCE LEAVING SAID GENERAL SC::TEERLY LINE THROUGH THE FOLLOWING
COURSES:
1) S. 320 48' 14R E. 1.70 FE::'.~ ro A POINT OF CUSP WITH A TANGENT
CURVE TO THE LEFT WITH A RAD ::::~. ~ ,JF 40. 00 FEET
2) ALONG SAID CURVE THROUGii, CENTRAL ANGLE OF 900 00' 00" AN
ARC DISTANCE OF 62.83 FEET
3) S. 570 11' 46R W. 22.01 ~=2T TO A CURVE TO THE LEFT WITH A
RADIUS OF 40.00 FEET
4) ALONG SAID CURVE THROUGH ,\ CENTRAL' ANGLE OF 900 00' 00" AN
ARC DISTANCE OF 62.83 FEET TO ~ POINT OF CUSP
5) N. 320 48'14- w. 1.70 FEE~ TO THE ACTUAL POINT QE BEGINNING
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THIS PARC~L CON'l'AINS 0.0572 ACRES MORE OR LESS
DESCRIPTION PREPARED BY:
WILLIAM B. MASTERSON, LS 4818
BXP. 9/30/92
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PARCEL E-l, LANDS OF SOUTHERN PACIFIC TRANSPORTATION CO.
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REAL PROPERTY IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF
CALIFORNIA, A PORTION OF THE LANDS OF SOUTHERN PACIFIC TRANSPOR-
TATION COMPANY LYING NORTHEASTERLY OF AND PARTIALLY ABUTTING THE
NORTHEASTERLY LINE OF TRACT 4978, RECORDED IN BOOK 145 OF MAPS AT
PAGE 3 IN THE RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
THE PARCEL BOUNDED ON THE NORTHEAST BY A LINE LYING 50.00 FEET
NORTHEASTERLY FROM SAID NORTHEASTERLY LINE OF SAID TRACT, ON THE
SOUTHWEST BY THE SOUTHWESTERLY LINE OF SAID LANDS, ON THE NORTH
BY A LINE 78.5 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID TRACT
AND ITS EASTERLY PROLONGATION, AND ON THE SOUTH BY A LINE 31.5
FEET SOUTHERLY OF THE SOUTHERLY LINE OF SAID TRACT AND ITS EAST-
ERLY PROLONGATION.
THIS PARCEL CONTAmS 0.1876 ACRES MORE OR LESS
DESCRIPTION PREPARED BY:
WILLIAM B. MASTERSON, LS 4818
BXP 9/30/92
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DECLARATION OF SERVICE BY MAIL
STATE OF CALIFORNIA )
) SS.
COUNTY OF ALAMEDA )
;{A'J
KE t!K_
SEE EXHIBIT "A" ATTACHED HERETO
I declare under penalty of perjury under the laws of
the state of California that the foregoing is true and
correct, and that this declaration was executed on october
~, 1991, at Dublin, california.
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EXHIBIT "A"
Mr. D. Michael Nohr
800 E. Airway Boulevard
Livermore, CA 94550
Gary R. Rinehart, Esq.
LAW OFFICES OF GARY R. RINEHART
2201 Broadway, suite 315
oakland, CA 94612
Mr. Larry H. Phipps
Assistant Regional Director
SOUTHERN PACIFIC TRANSPORTATION CO.
Southern Pacific Building
one Market Plaza, suite 225
San Francisco, CA 94105
Mr. John Corallo
8155 Brittany
Dublin, CA 94568
Mr. Michael P. Dolan
6391 Scarlett Court
Dublin, CA 94568
Mr. Stuart W. ROSS
Mr. Barry Ross
6500 Scarlett Court
Dublin, CA 94568
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Mr. Barry ROBS
6500 Scarlett Court
Dublin, CA 94568
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Mr. MiChael P. Dolan
6391 Scarlett court
DUblin, CA 94568
~, CITY Of DUBLIN
"~" 1,1 (') Box /.."l40
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.c' Duhlin, CA 94S(,H
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Mr. John corallo
8155 Brittany Drive
Dublin, CA 94568
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Assistant Regional Director
SOUTHERN PACIFIC TRANSPORTATION COMPANY
Southern pacific Building
One Market Plaza, suite 225
San Francisco, CA 94105
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Gary R. Rinehart, Esq.
LAW OFFICES OF GARY R. RINEHART
2201 Broadway, suite 315
Oakland, CA 94612
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Mr. D. Michael Nohr
800 E. Airway Boulevard
Livermore, CA 94550
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NOTICE OF INTENTION TO
ADOPT RESOLUTION OF NECESSITY
THE CITY OF DUBLIN
DUblin Boulevard Extension Project
Assessor's parcel NOS. 941-550-10-6; 941-550-10-11;
941-550-12-7; 941-550-13-2; and 941-550-22-3
NOTICE IS HEREBY GIVEN pursuant to California code
civil Procedure section 1245.235 that it is the intent of the
city of DUblin to adopt a Resolution of Necessity under Article 2
(commencing with section 1245.210) of Chapter 4 of Title 7 of
Part 3 of the Code of civil Procedure of the state of California
and directing the filing of eminent domain proceedings for the
acquisition of certain real property, hereinafter described, in
connection with the above-captioned project.
NOTICE IS FURTHER GIVEN that on the 28th day of
october, 1991, at the hour of 7:30 P.M., in the regular meeting
place of the city Council of the city of DUblin, council Chamber,
civic Center, 100 civic Plaza, Dublin, California, at the time
and place appointed and fixed by said city Council, when and
where it will hear all protests in relation to the adoption of
said Resolution of Necessity and authorizing the filing Of
eminent domain proceedings for the acquisition of fee title and
easements more particularly described in Exhibit "A" attached
hereto and by this reference incorporated herein. The property
is to be acquired in order to construct the extension of Dublin
Boulevard.
NOTICE IS FURTHER GIVEN that any person interested may
file a written request to appear and be heard with the Clerk of
the city of Dublin within fifteen (15) days after the mailing of
this notice (Mailing address: Clerk of the city of Dublin,
P. O. Box 2340, Dublin, California 94568). Any interested person
who files such a timely request has the right to appear and be
heard at the time and place stated herein on the matters referred
to in Section 1240.030 of said Code of civil Procedure, to wit:
(a) Whether the public interest and
necessity require the project;
(b) Whether said project is planned or
located in the manner that will be most
compatible with the greatest public good
and the least private injury; and
(c) Whether the property sought to be
acquired is necessary for said project.
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.
NOTICE IS FURTHER GIVEN that the failure to file such a
written request to appear and be heard within fifteen (15) days
after the mailing of this Notice will result in waiver of the
right to appear and be heard.
Dated: October :;-~ 1991
THE' ITY OF DUBLIN
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