HomeMy WebLinkAboutReso 78-08 Dublin Retail Ctr
RESOLUTION NO. 78 - 08
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN
PROCEEDINGS FOR CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NO. 96870,
ST. PATRICK WAY -REGIONAL STREET TO GOLDEN GATE DRIVE,
PK II DUBLIN RETAIL CENTER, L.P., PROPERTY OWNER
Assessor's Parcel Nos. 914-1500-044-02 and 941-1500-045
WHEREAS, it is desirable and necessary for the City of Dublin to acquire fee title, a temporary
construction easement and any and all rights, title and interest, included but not limited to, easements for
ingress and egress south of the fee simple area identified as Areas 4B, 6, and 6 West, more particularly
described in Exhibits "A" and "B," attached hereto and made a part hereof by reference, in order to
construct, widen and/or extend St. Patrick Way from Golden Gate Drive westerly approximately 450 feet
(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, ofthe Constitution of the State of California,
Government Code Sections 37350.5, 37353(a), 39792 and 40404, and Sections 1240.010-1240.050,
1240.110,1240.120, 1240.510 and 1240.610 of the Code of Civil Procedure of the State of California and
Streets and Highways Code Section 10102; 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.
Reso No. 78-08, Adopted 5/20/08, Item 6.2
Page 1 of2
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 easement in and through the above-identified parcel ofland and the rights,
title and interest, included but not limited to, easements for ingress and egress south of the fee simple area
identified as Areas 4B, 6, and 6 West, more particularly described in Exhibits "A" and "B" attached
hereto.
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, the temporary construction easement and the rights, title
and interest, included but not limited to, easements for ingress and egress south of the fee simple area
identified as Areas 4B, 6, and 6 West, more particularly described in said Exhibit "A" and Exhibit "B" 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 his duly authorized designee 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 aforesaid and to take such action as he 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 right of immediate possession.
PASSED, APPROVED AND ADOPTED this 20th day of May, 2008, by the following vote:
AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
ATTESlu
( /t1A; C< f9{j-
Deputy City Clerk
Reso No. 78-08, Adopted 5/20/08, Item 6.2
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