HomeMy WebLinkAboutReso 078-85 SRRD AD84-1EminDoma RESOLUTION NO. 78-85
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
SAN RAMON ROAD SPECIFIC PLAN IMPROVEN~NT
ASSESSMENT DISTRICT NO. 84-1
IT IS RESOLVED by the City Council of 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, for the purpose of constructing street and public
utility improvements.
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, Section 37350.5 of the Government Code of the State
of California and Sections 1240.050, 1240.110, 1240.120,
1240.125, 1240.150 and 1240.410 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 name and
address appears 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 Council of 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 an offer to the owner or owners of record to
acquire the subject property for just compensation.
NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED,
as follows:
1. The public interest and necessity require the
Project;
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" 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, Michael R. Nave, be, and he is
hereby, authorized and directed to institute and conduct to
conclusion an action in eminent domain for the acquisition of
the estates and interests foresaid and to take such action as he
may deem advisable or necessary in connection therewith;
--2--
6. An order for prejudgment possession may be
obtained in said action and a warrant issued to the Clerk of the
County of Alameda, State of California, 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 of Dublin held on the 12th day of
August, 1985, by the following vote:
AYES: Councilpersons Hegarty, Jeffery, Moffatt, Vonheeder
and Mayor Snyder
NOES: Councilpersons None
ABSENT: Councilpersons None
?~ayor of the City ofg~ublin
~'e~k of the Ci~ykJof Dublin
-3-
LtbHL UtJI.K l r l l un
Real property sits a in the incorporated tel ~tory of the Cif
of Dublin, County of Alameda, State of California described
fo~lows:-
Being a portion of that certain parcel of land described i
that certain deed recorded in Book 7965 of Official Records
Page 338 in the Office of the County of Alameda mor
particularly described as follows:
Beginning at the southeast corner of said parcel of land;
thence from said point of beginning along the southern
1 i ne of sa i d parce ! of i and South 80° 29' 57" West 499.00
feet to the southwest corner of sal d parce I of I and;
thence along the western line of said parcel of land North
09° 31' 37" west 42.07 feet; thence I eav i ng sal d western
I i ne a i ong a non-tangent 35.00 foot radius curve to the
right from which the center of said curve bears South 09°
31 ' 37" east through a centra I ang t e of 44° t4' 46" an arc
distance of 27.03 feet; thence a 1 ong a tangent 25.00 foot
radius curve to the left from which the center of said
curve bears North 34° 43' 09" east through a central angle
of 44° 13' 12" an arc d i stance of 1 9.30 feet; thence a f ong
a line parallel with said southern line North 80° 29' 57"
east 218.03 feet; .thence along a tangent 195.00 foot
radius curve to the I eft through a centra I ang I e of 42°
56' 41" an arc distance of 146.16 feet; thence along a
tangent 1 56.00 foot radius .curve to the r i ght from which
the center of said curve bears South 52° 26' 44" east
through a centra I ang I e of 42° 55' 07" an arc d i stance of
1 1 6.86 feet to a point l y i ng on the eastern I i ne of sa i d
parce I of Land; thence a I ong sa i d eastern I i ne South 09°
3i' 50" east 119.14 feet to said true point of beginning,
containing 23665.1 square feet of land more or less.
Together with a temporary construction easement. the
uniform width of ten (10.00) feat in width. more
pa•rf i cu I ar ! y described as fo 1 I ows:
Commencing at the southeast corner of said parcel of land;
thence trom said point of commencement along the southern
1 i ne of sa i d parce 1 of I and South 80° 29' 57" West 499.00
feet to the southwest corner of said parcel of land;
thence along the western line of said parcel of land North
09° 31' 37" west 42.07 feet to the firue point of beginning
for this description; thence leaving said western line
along a nontangent 35.00 foot radius curve to the right
from which the center of said curve :bears South 09° 31'
37" east through a centra I ang l-e of 44° 14 ~ - 46" an arc
distance of 27.03 feet; thence a I ong a tan-gent 25.00 foot
radius curve to the I eft from which the center of sal d
curve bears North 34° 43' 09° east through a central angle
of 44° 13' 12" an arc distance of 19.30 feet; thence along
a line parallel with said northern line North 80° 29' S7"
EXHiBiTg
east 218.03 feet; thence along a tangent 1y7.-au toot
radius curve to ;he t eft through a central ang I e of 42°
56' 41" an arc stance of 146.16 feet; ence along a
tangent 156.00 foofi radius curve to the right from which,
the center of said. curve bears South 52° 26' 44" east
through a cents I ang I e of 42° 55' 07" an arc distance of
1 1 6.86 feet to a point ! y i ng on the eastern line of sai d
parce I of I and; thence a I ong said eastern I i ne North 09
31' 37" west 10.00 feet; thence leaving said eastern line
a I ong a non-tangent 166.00 foot radius curve to the I eft
from which center of said curve. bears South 09° 31' 37"
east through a central angle of 42° 55' Ob" an arc
distance of 124.35 feet; thence along a tangent 185.00
radius curve to the right from which the center of sal d
curve bears North 52° 2b' 44" West through a central angle
of 42° 56' 41" an arc distance of 138.66 feet; thence
along a tine para I ! e l with said northern I i ne South 80°
29' S7" west 21 8.03 feet; thence a I ong a tangent 15.00
foot radius curve to the right thru a cents I ang I e of 44°
13' 12" an arc distance of 1 1 .58 feet; thence •a I ong a
tangent 45.00 foot radius curve to the left from which the
center of said curve bears South 34° 43' 09" west through
a cents I ang t e of 44° 1 4' 46" an arc distance of 34.75
feet to a point tying on the western I i ne of said parce f
of land; thence along said western line South 09° 31' 37"
east 1 0.00 feet. to true said point of beginning.
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=27.03 N34°4 '09"E(R) ;
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SAN RAM ON ROAD
'DUBLIN TOWN & COUNTRY ASSO ~1TES
LEGAL DESCRIPTION
Rea! property situate in the Incorporated territory of the Clty
of Dublin, County of Alameda, State of California described as
follows:
Being a portion of Parcel Two, as said Parce{ Two is shown and
s_o des 1 gnated on Parce I Map 280b f t t ed I n Book 109 of Maps at
Page 90 1 n the Of f l ce of the County Recorder of the County of
Alameda, more particularly described as follows:
Commencing at the northeast corner of said Parcel Two;
thence from said point of commencement along the northern
line of said Parcel Two South 80° 29' 57" west 104.95 feet
to the true point of beginning for this description;
thence from said true point of beginning continuing along
sal d northern 1 i ne South 80° 29' S7" west 393.21 feet to
the northwest corner of said Parcel Two; thence along fihe
western tine of said Parcel Two South 09° 31' 37" east
27.92 teat; thence leaving said western line along a non-
tangent 3.5.00 foot radius curve to the left from which the
center of sal d curve bears North 10° 54' 06" west through
a cenfiral angle of 42° 49' 11" an arc dis"tance of 2b.16
feet; thence a I ong a tangent 25.00 f eet radius curve to
the right from which center of said curve bears South 53°
43' 17" east through a central angle of 44° 13' 14"` an arc
d istance- of 1 9.30 f eet; thence a long a l i ne para i l e i w l th
sa I d Northern I 1 ne North 80° 29' S7", east 262.95 feet;
thence along a tangent 370.00 foot radius curve to the
l e f t through a centra I ang I e 1 3° 57' 32" an arc d i stance
of 90.14 feet to said true point of beginning, containing
4336.6 square feat of land more or less.
Together with a temporary construction easement the
uniform width of ten (10.00) feet in width more
particularly descrT-bed as follows:
Commencing at the northeast corner of said Parcel Two;
thence from said point of commencement along the northern
line of sa i d Parce I Two South 80° 29' S7" west 1 04.95 f eat
to the true point of beginning for~this -description;
thence along a non-tangent 370.00 radius curve to fihe
rf~ght from which the center of said curve bears North 23°
27' 35" west through a central angle of 13° 57' 32" an arc
distance of 90.14 feet; thence along a Ilne parallel with.
said northern Ilne South 80° 29' 57" zest 2b2.95 feet;
thence a I ong a tangent 25.00 foot radius curve to the i eft
through a centra I ang I e of 44° 13' 14" an arc distance of
19.30 feet; thence along a tangent 35.00 foot radius curve
to the right from which the center of said curve bears
North 53° 43' 1 7" west through a centra I ang i e of 42° 49'
i l" an arc distance of 26.16 feet to a point lying on the
western line of Bald Parcel Two; thence along Bald western
line South 09° 31' 37" east 10.00 feet; thence {eaving
sal d western I i ne a 1 ong a non-tangent 45.00 foot radius
curve to the left from which the center of said curve
bears North 1 0° 35' 46" west through a centra I ang I e of
43° 07' 3t" an arc distance of 33.87 feet; thence a I ong a
tangent 15.00 foot radius curve fio the right from which
the center of said curve bears South 53° 43' 17" east
through a centra I ang I e of 44° 1 3' 14" an arc distance of
11.57 feet; thence along a line parallel xith said
northern I 1 ne North 80° 29' 57" east 2b2.95 feet; thence
along a tangent 380.00 foot radius curve to the left thru
a centra I ang i e of 19° 06' 12" an arc df stance of 126.70
feet to a point lying on said northern Ilne; thence along
said northern tine South 80° 29' S7" west 35.11 feet to
said true point of beginning.
1
1 N 9 31`37'YY 27. 92-
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R=35.00' ~~
D = 42° 49` I t " ~
N 53° 43'!7"W (R) L = 26.16'
R = 25.00'
~ = 44° 13` 14" I
L = 19.30`
10` Tc.T-"PORARY
COi~ST. EASEMENT I
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R = 3?0.00`
a = 13° 57` 32"
L = 90_ I4'
SAN RAMON RQAD
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