HomeMy WebLinkAboutReso 181-06 Purchase of 6450 Dublin Boulevard
RESOLUTION NO. 181 - 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING SETTLEMENT AGREEMENT WITH
J & E ESPERANCA INVESTMENTS I, LLC,
FOR THE PURCHASE OF A PORTION OF PROPERTY IN FEE
LOCATED AT 6450 DUBLIN BOULEVARD
WHEREAS, it is necessary for the City of Dublin to widen and improve the intersection of
Dublin Boulevard and Dougherty Road as part of Capital Improvement Program Project No. 96852,
Dougherty Road Improvements - Houston Place to 1-580; and
WHEREAS, in order to accomplish this goal, it is necessary for the City to acquire a portion of
property in fee located at 6450 Dublin Boulevard; and
WHEREAS, along with the Grant Deed for the subject portion of 6450 Dublin Boulevard, the
City must procure a Temporary Construction Easement in order to facilitate construction of the Project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves
the agreement with J & E Esperanca Investments I, LLC.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement, attached
hereto as Exhibit "A".
PASSED, APPROVED AND ADOPTED this 19th day of September, 2006, by the following
vote:
AYES:
Councilmembers Hildenbrand, Oravetz and Zika, and Mayor Lockhart
NOES:
None
ABSENT:
Councilmember McCormick
ABSTAIN: None
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Reso No. 181-06, Adopted 9/19106, Item 4.13
Page 1 of 1
SETTLEMENT AGREEMENT
This Settlement Agreement and General Release of All Claims (the "Agreement")
is made as of the \~ day of September 2006, by and between plaintiff City of
Dublin (the "City"), a public body, corporate and politic, defendant J & E Esperanca
I nvestments I, LLC (hereinafter "Owner"), with reference to the following facts and
purposes:
RECITALS
WHEREAS, the City is vested with the power of eminent domain to acquire real
property by virtue of Article I, Section 19 of the Constitution of the State of California,
Section 37350.5 of the Government Code of the State of California, and Sections
1240.010 and 1240.110 of the Code of Civil Procedure of the State of California;
WHEREAS, on March 29, 2006, the City commenced the action entitled City of
Dublin v. J & E Esperanca Investments I, LLC, et al., Alameda County Superior Court,
Action No. VG 06-262407 (the "Action"), to acquire a portion of the real property and
real property interests located at 6450 Dublin Boulevard, Dublin, California, identified as
APN 941-0205-037 (the "Subject Property") as set forth in the Complaint on file in this
Action and attached hereto as Exhibits A, A-1 and B, and B-1;
WHEREAS, as of the commencement of the Action, the Subject Property
consisted of one parcel with a commercial building on it;
WHEREAS, J & E Esperanca Investments I, LLC, a California Limited Liability
Company, is the fee owner of the Subject Property as set forth in North American Title
Company dated March 9, 2006;
WHEREAS, defendant J & E Esperanca Investments I, LLC has agreed to
accept the consideration, terms, and conditions as set forth in this Agreement, as
compensation for its claims and interest in the Subject Property and the claims it could
have in this Action;
WHEREAS, the City, and J & E Esperanca Investments I, LLC, wish to settle any
and all claims against each other that were or could have been raised in this litigation;
AGREEMENT
1. As payment in settlement of the claims from or otherwise relating to the
Action, as described herein, the City hereby agrees to pay a total of
Settlement Agreement
Page 1 of 3
DATED:
,2006
DATED: August
,2006
Approved as to form:
DATED: 'tji/-, 2006
DATED:~, 2006
114-4014/833055_1.DOC
Settlement Agreement
CITY OF DUBLIN
By:
JANET LOCKHART, MAYOR
J& E ESPERANCA INVESTMENTS I, LLC
By:
NAME
TITLE:
MEYERS, NAVE, RIBACK, SILVER & WILSON
By:
Claudia J. Gor
Attorneys for PI
City of Dublin
MCPHARLlN, SPRINKLES & THOMAS, LLP
7
By: %
l Catherine C. rinkles
Attorneys for Defendant and Property Owner
J & E Esperanca Investments I, LLC
Page 3 of 3
FEE ACQUISITION
APN No. 941'-0205-037
Exhibit <'A"
All that real property situate in the City of Dublin, County of Alanieda. State of Califonria, being a
portion of Parcel One described in that certain document recorded on March 15, 2000 in Document
No. 200076438, Alameda CDunty Records,
Also being a pDrtion of PARCEL A.as shown on that certain map entitled "PARCEL MAP 2695",
filed for record on ,December 22; 1978 in Book 107 of Parcel Maps at Page 51, Alameda County
Records, more particularly described as follows:
BEGlJ:'-lNING at the northwest comer of said Parcel One;
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Thence along the northerly line of said parcel, ~outh 88046'58" East, 19.13 feet; ,
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Thence leaving said northerly line, South 55048' 18"-West, 23.47 feet to the westerly line .of said.
Parcel One;
,Thence along said westerly line, North 01013'02" Bast, 13.60 feet to the POlliT OF BEGINNING
of this description.'
Containing an area of 130 square feet, more or less.
A plat showing the above-described parcels is attached herein and made a part hereof ,as Exhibit.
''B''.
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This descriptioI'! was prepared by me or under my direction in confonnance with the Professional
Land Surveyors Act. '
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Exhibit '~A"
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B.A.SIS OF BEARINGS
, lHE SEARING N 32"48'00. WEST, 1HE MONUMENT
UNE ON DOUGHERTY ROAD, BETW'""t:.EN FOUND
MONUMENTS AS SHOWN ON lliE MAP ENTl1l.ED
"PARCEL MAP 1043"' FILED FOR RECORD ON
SEPTEMBER 28, 1973 AND RECORDED IN BOOK8D
OF PARea MAPS AT PAGE 29, IS USED AS Tl:lE
BASIS OF BEARINGS FOR THIS PLAT.
FEE ACQUlsmo/ /
/' LEGEND
API'! - ASSESSOR PARCEL NUMBER
. OR - OFFICIAL RECORDS.
P.O.B. - POINT OF BEGlNNING
sq. fL - SQUARE FEET
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~ lri. ~g 8~ ~ PARCEL ONE
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PARCEL 1
DOC. NO. 94268159
APN: 941-0550-009-11
PARcEL A
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PARcEL 8
101 M 51 .
PARCEL ONE
DOC.. NO. 2001250985 .
APN: 941-02Q5-36
P ARca nvo
EASEMENT FOR COMMON AREA
OVER PARCEL B - 107 M 51
DOC. NO. 2000076438
UNE
L1
L2
L3
UNE TABLE
BEARING
S 88"46'58" E
S 55.:t1-8'18" W
N 0113'02" E
LENG1H
19.13'
23.47'
13.60'
BEFEREN CE"S
Q- 107 M 51
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4780 CHABOT DRIVE
SUITE 104
PLEASANTON, CA 94588
925-396-7700
925-396-7799 (FAX)
Sub ject EXHIBIT "8"
DUBUN BLVD. DOUGHERTY. RD. WIDENING
; Job No. 20016002
By RL Date 6/25/04- .Chkd.CK
SHEET 1 OF 1
K.'\&.A.-ol'Jl1611il?'-.U""Wll;,,,\FS?fRNlCh.alfa 6/?3f?004 ?>4O<OO PH PDT'
TE.MPORARY CONSTRUCTION EASE:M.ENT
APN No. 94i-0205-037
Exhibit "A"
All that real property situate in the City of Dublin, County or Alameda, State of California, being a
portion of Parcel One described in that certain document recorded on March 15,2000 in Document
No. 200076438, Alameda County Records,
Also being a portion of PARCEL A as shown on thatcertain map entitled "PARCEL MAP 2695",
filed ror record on December 22, 1978 in Book 107 of Parcel Maps at Page 51, Alameda County
Records, more particularly described as follows:
BEGINNING at the northwest corner of said PARCEL A; "
Thence along the northerly line of said parcel, South 88046'58" East, 19.13 feet to the TRUE
POINT OF BEGINNING; "
Thence continuIng along last said line, South 88046' 58" East 8.94 feet;
Thence leaving last said Ene and across said PARCEL A, the following two (2) courses: "
}
1) South 57045'03" West 5.28 feet; .
2) South 55048'18" West 29.03 feet to the westerly line of said PARCEL A;
Thence and along last said line, North 01013 '02" East 6~ 13 feet;
Thence leaving last said line, North 55048' 18" East 23.47 feet to the TRUE POINT OF
BEGINNING.
Containing an area of 144 square "feet, more or less.
The Temporary Construction Easement, described above, to tenninate upon completion" of
construction, for the purposes and incidents thereto over, under, across and upon the above
described parcel.
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Exhibit "A"
" Page 1 of 2 .
"B".
A plat showing the above-described parcels is attached herein and made a part,hereof as Exhibit
This description was prepared by me or under my direction in conformance with the Prof~ssiona1
Land Surveyors Act.
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Exhibit "A"
Page 20f2
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TEMPORARY CONSTRUCTION EASEMENT
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BASIS OF BEARINGS / LEGEND
tHE BEAR1NGN 32.48'00" WEST, THE MONUMENT .; APN _ ASSESSOR PARCEL NUMBER
UNE ON DOUGHERTY ROAD, BETWEEN FOUND / P 0 8 _ POINT OF BEGINNING '
MONUMENTS AS SHOWN ON THE MAP ENTITLED . 'ft' ,_ SQUARE FEET
"p ARCEL MAP 1043" FILED FOR RECORD ON / .... TS~'O 8' _ TRUE POINT OF BEGINNING
SEP1EMBER 28, 1973 AND RECORDED IN BOOK 80 / . . . .
OF PARCEL MAPS AT PAGE 29, IS USED AS THE.... .
BASIS OF BEARIN GS FOR THIS PLAT. /'
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w ~ ! ~ ffi ffi ~ wi A CALIFORNIA LIMITED LIABILITY COMPANY
Jd -:I: 0.. <C Cl
g: Iri I ~~ 8~ ;:\ PARCEL ONE
a ~ I @ g 5 Iri c:l DOC. NO. 2000076438
u.. d I ~~ ~~ 01 APN:941-0205-037
f,- w ;>-e:::<C...ll!) .
aJ e::: I d ~ ~ ttl ] LINE TABLE
CJ ~ 6 e::: LINE . BEARING
~ z I b I L1 S 88"46'58" E
w ~ I L2 S 88'46'58" E
fu j I L3 S 5T45'03"W
~l L4 S 55"48'18" w.
wI, L5 N, 01.1'3'02" E
I I L6 N 55"48'18" E
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PARCEL 1
DOC. '00. 94268159 ~
APN: 941-0550-009-11
. PARcEL A
107M 51
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5' WIDE TEMPORARY
CONSTRUCTION EASEMENT
144 sq.. ft. :l::
PARCEL B
101 M 51
PARCEL ONE
DOC. NO. 2001250985
APN: 941-0205-36
PARCEL TWO
EASEMENT FOR COMMON AREA
OVER PARCEl 8 - 107 M 51
DOC. NO. 200076438
LEN GTrl
19.13'
8,94'
5.28'
29.03'
6.13'
23.47'
REFERENCES
CD - 107 M 51
f
4780 CHABOT DRIVE
SU1TE 1 04
.PLEASANTON, CA 94588
925-396-7700
925-396-7799 (FAX)
Sub ject' EXHIBIT "B"
DUBUN BLVD.-DOUGHERTY RD. WIDENING
Job No. 20016002
By RL Date .01/28/05 ChkdRH
SHEET 1 OF 1
.-
~01\.016001''\))'''''\nlo.i;,,\F1;PFRANCA TeF."w" 1/?1/1'005 111?3.41' Ai'! PST
David W. Skinner, Esq. (SBN: 146285)
Claudia J. Gorham, Esq. (SBN: 142344)
2 MEYERS, NAVE, RIBACK, SILVER & WILSON
555 1 ih Street, Suite 1500
3 Oakland, CA 94607
4 Telephone: (510) 808-2000
Facsimile: (510) 444-1108
5
Attorneys for Plaintiff
6 CiTY OF DUBLIN, a municipal corporation
7
8
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
IN AND FOR THE COUNTY OF ALAMEDA
10
CITY OF DUBLIN, a municipal corporation, )
, )
Plaintiff, )
)
)
J & E ESPERANCA INVESTMENTS I, LLC,)
14 a California Limited Liability Company; ).
AMERICA'S TIRE CO.; WINSTONE TIRE )
15 COMPANY, a California corporation; JOHN)
16 E. MADDEN; STANDARD BRANDS PAINT)
COMPANY, INC. OF CALIFORNIA; and )
17 DOES 1 - 50, inclusive, )
)
)
)
)
11
12
V.
13
18
Defendants.
19
20
21
22
23
24
25
26
27
28
Case No: VG 06-262407
JUDGMENT
APN: 941-205-037
Complaint Filed: March 29, 2006
Trial Date: Not Assigned
Judgment
In the above-entitled cause, plaintiff CITY OF DUBLIN ("City") and defendant j & E
2 ESPERANCA INVESTMENTS I, LLC, having stipulated that judgment be entered as
3 follows:
4 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that upon payment of just
5 compensation to defendants in the amount of $7,050.00, the property described in the
6 complaint shall be condemned for the public use of plaintiff.
7 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the payment of just
8 compensation as set forth above shall constitute full payment for the property so taken,
9 and for all claims of compensation, including but not limited to, compensation for land,
10 interest, attorneys' fees and costs or damages of every kind and nature suffered by
11 defendants and each of them by reason of the taking of the property or by reason of any
12 action or inaction whatsoever on the part of the City or its agents in relation to the property.
13 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, defendant
14 American's Tire Company, default having been entered as to it, judgment is granted as to
15 this defaulting defendant, and that such defendant claims no interest in the property being
16 acquired herein and is not entitled to any compensation under this Judgment.
17 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that in accordance with
18 this Judgment in Condemnation, the CITY OF DUBLIN shall pay to defendant J & E
19 ESPERANCA INVESTMENTS I, LLC the sum of $7,050.00 c/o Catherine C. Sprinkles,
20 Attorney at Law, McPharlin Sprinkles & Thomas LLP, 10 Almaden Blvd., Suite 1460, San
21 Jose, California, 95113, within thirty (30) days of the filing of this Judgment.
22 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that pursuant to the
23 provisions of section 5081 of the Revenue and Tax Code and section 1268.410 et seq. of
24 the Code of Civil Procedure, any current or delinquent real property taxes, penalties or
25 assessments that are a lien against the property actually taken in fee shall be prorated,
26 apportioned, deducted and paid to the Tax Collector of Sacramento County as of the date
27 of the filing of this Judgment.
28
Judgment
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that any taxes, penalties
2 or assessments of Sacramento County or any other taxing agency accruing on the
3 property actually taken in fee after the date of the filing of this Judgment are hereby
4 canceled, and the plaintiff shall take free and clear of any lien or encumbrances therefor on
5 said parcel.
6 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the use for which
7 said real property is sought to be condemned, to wit, the construction of the City of
8 Dublin's Capital Improvement Program (CIP) Project No. 96852, Dougherty Road
9 Improvements (Houston Place to 1-580, with Scarlett Court Access to Dublin Boulevard
10 Limited to Right Turn Out Only, and Right Turn from Dublin Boulevard to Scarlett Court
11 Eliminated), is and was a public use, and the taking in condemnation by plaintiff of said
12 property is and was necessary for said public use.
13 IT IS FURTHE ORDERED, ADJUDGED AND DECREED, the City of Dublin shall
14 take possession of the property described in the complaint on August 1, 2006 or the date
15 this Judgment is filed, whichever occurs first.
16
17 Dated:
JUDGE OF THE SUPERIOR COURT
18
19
20
21
22
Approved as to form.
23
24
25
26 Catherine C. Sprinkles
Attorney for Defendant
27 J&E Esperanca Investments I, LLC
28
114-4014/839400_1.DOC
2
Judgment