HomeMy WebLinkAboutReso 233-99 Eminent Domain ProcRESOLUTION NO. 233 - 99
A RESOLUTION OF THE CITY COUNCIL
OF TltE CITY OF DUBLIN
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUISITION OF CERTAIN LAND AND
DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS
Assessor's Parcel No. 985-0004-001-03 (portion)
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 fee title to and easements
(i.e., public service/utility, slope, and temporary construction) within certain real property, particularly
described in Exhibits "A" through "G", attached hereto and made a part hereof by reference, in order to
construct, widen and/or improve Tassajara Road, Dublin Boulevard, Central Parkway and Gleason Drive
(the "Project").
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, 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 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
(d)
Whether the property sought to be acquired is necessary for the
Project;
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;
WHEREAS, the City of Dublin has satisfied the provisions of the California Environmental Quality
Act for the Project;
NOW, THEREFORE, iT IS FOUND, DETERMINED, AND ORDERED as follows:
1. The public interest and necessity require the Project which involves the construction,
widening and/or improving Tassajara Road, Dublin Boulevard, Central Parkway and Gleason Drive.
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 property sought to be acquired 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;
The provisions of the California Environmental Quality Act have been satisfied for the
Project.
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.
2
The foregoing Resolution was adopted at a regular meeting of the City COuncil held on the 21~ day
of December, 1999, by the following vote:
AYES:
Councilmembers Howard, McCormick, Zika, Vice Mayor Lockhart and Mayor
Houston
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
GUY S. HOUSTON, Mayor
APPROVED AS TO FORM:
ELIZABETH H. SILVER, City Attorney
K2/G/12-21-99/reso-necessity. doc
F:\WPD~INRSW~114\127~Mis&Resolution of Necessity 122199 MSW. doc
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Exhibit A - Prqject Location Map
RESERVE
,TH
FORCES
TRAINING AREA
AREA MAP
(CAMP PARKS)
ST¸
BLVD
Exhibit B-1 - Area Map
Exhibit B-2 - Parcel Map
11,267-06
December 3, 1999
Page 1 0£2
EXHIBIT "C"
Fee title acquisition for the purposes of widening Tassajara Road and the construction of Dublin
Boulevard, Central Parkway and Gleason Drive in the City of Dublin, Alameda County, California, along
and through the lands of Dublin Land Company, a deed for which was recorded Septemher 30, 1983,
Series 83-I 82776, Alameda County Records. The fee title right-of-ways are described as follows:
*NOTE: See Exhibit D for Parcels A through E and points of beginning referenced in Exhibit C.
PARCEL F, Tassajara Road (Fee Title)
BEGINNING at the first hereinabove referenced POINT OF BEGINNING for PARCEL A; thence
leaving said POINT OF BEGINNING along the easterly line of Tassajara Road S 1 o 13'07"W 172.80 feet;
thence S1°12'54"W 2207.39 feet; thence S88°44'32"E 18.39 feet; thence St°15'28"W 234.16 feet; ·
thence leaving said easterly line S88°47'06"E 10.12 feet; thence N00°29'19"W 381.27 feet; thence
N01°I2'54"E 947.52 feet; thence N02°56'41"W 165.44':feet; thence N01'°12'54"E 505.98 feet; thence
S88°47'06"E 9.00 feet; thence N01°12'54"E 360.00 feet; thence N00°52'10"E 165.00 feet; thence
N00°03'33"W 119.68 feet to the southerly line of Tract 6925; thence along said southerly line
Ng§°39'20"W 11.00 feet to the POINT OF BEGINNING.
Containing 0.761 acres, more or less.
PARCEL G, Tassajara Road (Fee Title)
BEGINNING at the above described POINT A on the easterly line of Tassajara Road; thence along said
easterly line S01°15'28"W 503.97 feet; thence along a tangent curve to the left having a radius of 234.02
feet'through a central angle of 16°03 '36'" for an arc length of 65.60 feet to a point of compound curvature;
thence along a curve to the left having a radius of 29.00 feet through a central angle of 38°35'34'' for an
arc length of 19.54 feet; thence leaving said easterly line of Tassajara Road N01°I2'54"E 383.95 feet;
thence NO 1 °32'46"W 200.64 feet; thence N88°47'06"W 10.12 feet to the POINT OF BEGINNING.
Containing 0.237 acres, more or less.
PARCEL H, Dublin Boulevard (Fee Title)
COMMENCING at the above described POINT A .on the easterly line of Tassajara Road; thence
S88°47'06"E 10.12 feet to the TRUE POINT OF BEGINNING; thence S01°32'46"E 200.64 feet; thence
S88°47'06"E 33.00 feet; thence N46°I2'54"E 28.28 feet; thence N02°13'07"W 32.06 feet; thence
S88°47'06"E 277.84 feet; thence S$8°29'55"E 200.00 feet; thence S88°47'06"E 368.55 feet to the
easterly line of Dublin Land Co., Series 83-182776; thence along said easterly line N01°08'49"E 76.00.
feet; thence leaving said easterly line N88°47'06"W 69.06 feet; thence N86°55'25"W 400.21 feet; thence
N88°47'06"W 129.48 feet; thence N01°I2'54"E 9.00 feet; thence N88°47'06"W 253.58 feet; thence
N02°t3'07"W 32.06 feet; thence N44°38' 13"W 27.86 feet; thence N88°47'06"W 33.01 feet to the TRUE
POINT OF BEGINNING.
Containing 1.933 acres, more or tess.
Exhibit C - Legal Descriptions of Fee Title Take Areas
-Exhibit C continued-
11,267-06
December 3, 1999
RRB
Page 2 of 2
PARCEL J, Central Parkway (Fee Title)
BEGINNING at the above described POINT B; thence N46° 12'54"E 28.28 feet; thence N04° 16'07"W
32.15 feet; thence S$8°47'06"E 240.70 feet; thence S89°52'35"E 420.08 feet; thence S88°47'06"E
206.02feet to the easterly line of Dublin Land'Co., Series 83-182776; thence along said easterly line
N01°08'49"E 40.00 feet; thence leaving said easterly tine NS§°47'06"W 205.88 feet; thence
N88°01'16"W 300.03 feet; 'thence N88°47'06"W 119.79 feet; thence N01°12'54"E 9.00 feet; thence
NgS°47'06"W 246.86 feet; thence N04°16'07"W 32.15 feet; thence N43°47'06"W 28.28 feet; thence
N88°47'06"W 33.00 feet; thence S02°56'41"E 165.44 feet; thence S88°47'06"E 33.00 feet to the POINT
OF BEGINNING.
Containing 1.17 t acres, more or less.
PARCEL K, Gleason Drive (Fee Title)
BEGINNING at the above described POINT C; thence N46°I2'54"E 28.28 feet; thence N00°45'32"E
32.00 feet; thence S88°47'06"E 249.95 feet; thence S89°52'35"E 420.0g feet; thence S88°47'06"E
195.73 feet to the easterly line of Dublin Land Co., Series 83-182776; thence along said easterly line
Nl°011'49"E 40.00 feet; thence leaving said easterly line NgS°47'06"W 195.59 feet; thence
Ngg°01"I6"W 300.03 feet; thence N88°47'06"W 119.79 feet; thence N01°I2'54"E 9.00 feet; thence
N88°47'06"W 250.74 feet; thence N00°45'32"E 32.00 feet; thence N43°47'00"W 28.29 feet; thence
NgS°47'06"W 33.00 feet; thence S00°52't0"W 165.00 feet; thence S88°47'06"E 33.00 feet to the
POINT OF BEGINNING.
Containing 1.171 acres, more or less.
Total fee title acquisition is 5.273 acres, more or less.
This real property description has been prepared by me, or under my direction, in conformance with the
Professional Land Surveyors Act.
Xkxo'&~~.// Prepared by ~?e firm of
x'','~O? C/~I-\~ MACKAY & SOMPS
· ~ z~2:-~"~--~ Infrastructure Group
San Ramon, California
Date
EXHIBIT "D-I"
Public service/utility easements (PS/UE) for the purposes of widening Tassajara Road and the construction of Dublin
Boulevard, Central Parkway and Gleason Drive, and related improvements, in the City of Dublin, Alameda County,
California, along and through the lands of Dublin Land Company, a deed for which was recorded September 30, 1983,
Series 83-182776, Alameda County Records. The rights granted by the PS/UE are described in Exhibit D-2. The
location of the improvements within the PS/UE areas is shown on Exhibit D-3:
PARCEL A, Tassajara Road
BEGINNING at the most northwesterly comer of above said land, said comer being on the easterly line of Tassa. jara
Road, 66.00 feet in width and the southerly line of Tract 6925, Dublin Ranch, the map of which was filed in Book 241
of Maps at Page 39, Alameda County Records and said Point of Beginning bears N01°13'07"E t72.83 feet and
S88°39'20"E 33.00 feet from the monument "Tass 3" on the centerline of Tassajara Road; thence leaving said Point of
9 ° ' ' 9
Beginning along the easterly line of Tassajara Road S1° 13'07'W 17_.80 feet; thence S1 12 54 W_207.39 feet; thence
S88°44'32"E 18.39 feet; thence $1°15'28'W 234.16 feet to a point hereafter known as POINT A which bears
NO 1° 12'54"E 114.52 feet and S88~47'06"E 51,2 ] feet from the monument "Tass 1" on the centertine of Tassajara Road;
thence leaving the easterly line of Tassajara Road S88°47' 06"E 43.13 feet; thence N00°29'19"W 381.76 feet; thence
N 1 ° 12' 54"E 947.03 feet to a point herea~er known as POINT B; thence N 88°47'06"W 33.00 feet; thence N02 °56'41 "W
165.44 feet; thence S88°47'06"E 33.00 feet; thence N01 °12'54"E 505.98 feet; thence S88°47'06"E 9.00 feet; thence
NO 1° 12' 54"E 360.00 feet to a point hereafter known as POINT C; thence N 88 °47' 06"W 33.00 feet; thence N00°52' 10"E
165.00 feet; thence S88°47'06'E 33.00 feet; thence N 1°13'07"E 89.66 feet to the southerly line of above said Tract
6925; thence along said southerly line N88°39'20"W 46.00 feet to the POINT OF BEGINNING.
Containing 2.494 acres, more or less.
PARCEL B, Dublin Boulevard
COMMENCING at the above described POINT A on the easterly line of Tassajara Road; thence S88°47'06"E 10.12
feet to the TRUE POINT OF BEGINNING; thence S01 °32' 46"E 200.64 feet; thence S88°47'06"E 33.00 feet; thence
N46°12'54''E 28.28 feet; thence S88°47' 06"E 275.84 feet; thence S88°29'55"E 200.00 feet; thence S88°47'06"E
368.67 feet to the easterly tine of Dublin Land Co., Series 83-182776; thence along said easterly line N1 °08'49"E
140.00 feet; thence leaving said easterly line N88°47'06"W 68.51 feet; thence N86°55'25"W 400.21 feet; thence
N88°47'06"W 130.00 feet; thence N1 1_ 54 E9.00feet;thenceN88 47 06 W2>5.50feet, thenceN44 o8 13"W27.86
feet; thence N88°47'06"W 33.01 feet to the TRUE POINT OF BEGINNING.
Containing 3.18 t acres, more or less.
PARCEL C, Central Parkway
BEGINNING at the above described POINT B on the easterly line of Tassajara Road; thence N46° 12'54"E 28.28 feet;
thence S88°47'06"E 237.93 feet; thence S89°52'35"E 420.08 feet; thence S88°47'06"E 205.75 feet to the easterly line
of Dublin Land Co., Series 83-182776; thence along said easterly line N 1 °08'49"E 104.00 feet; thence leaving said
easterly line N88°47'06"W 205.63 feet; thence N88°01 'I 6"W 300.03 feet; thence N88°47'06"W 120.00 feet; thence
N 1° ! 2'54"E 9.00 feet; thence N88o47'06"W 249.93 feet; thence N43 °47'06"W 28.28 feet; thence N88°47'06"W 33.00
feet; thence S02°56'41"E 165.44 feet: thence S88°47'06'E 33.00 feet to the POINT OF BEGINNING.
Containing 2.449 acres, more or less.
Exhibit D-1 - Legal Descriptions of Public Service/Utility Easements
-Exhibit D continued-
11,267-06
December 3, 1999
Page 2 of 2
PARCEL D, Gleason Drive
BEGINNING at the above described POINT C on the easterly line of Tassajara Road; thence N46° f2'54"E 28.28
feet; thence sgg°47'06"E 250.00 feet; thence S89°52'35"E 420.08 feet; thence sgg°47'06"E 195.46 feet to the
easterly line of Dublin Land Co., Series 83-182776; ~ence along said easterly line N 1°08'49"E 104.00 feet; thence
leaving said easterly line NSg°47'06"W 195.34 feet; thence NgS°01"I6"W 300.03 feet; thence N gg°47'06"W
120.00 feet; thence Nl°12'54"E 9.00 feet; thence Ngg°47'06"W 250.99 feet; thence N43°47'00"W 28.28 feet;
thence N$8°47'06"W 33.00 feet; thence S00°52'10''W 165.00 feet; thence Sgg°47'06"E 33.00 feet to the POINT
OF BEGINNING.
Containing 2.443 acres, more or less.
PARCEL E, Tassajara Road
BEGINNING at the above described POINT A on the easterly line of Tassajara Road; thence along said easterly tine
S01°15'28"W 503.97 feet; thence along a tangent curve to the left having a radius of 234.02. feet through a central
angle of 16003'36" for an arc length of 65.60 feet to a point of compound curvature; thence along a curve to the left
having a radius of 29.00 feet through a central angle of 64o03'43" for an arc length of 32.43 feet to a point of
compound curvature; thence along a curve to the left having a radius of 164.02.feet through a central angle of
05°34'31'' for an arc length of 15.96 feet to a point of reverse curvature; thence ai~ng a curve to the right having a
radius of 178.02 feet through a central angle of 01 °44'09" for an arc length of 5.39 feet; thence leaving said easterly
iine of Tassajara Road N01°12'54"E 391.35 feet; thence Ng8°47'06"W 33.00 feet; thence N01°32'46"W 200.64
feet; thence Ngg°47'06"W 10.12 feet to the POINT OF BEGINNING.
Containing 0.532 acres, more or less.
EXCEPTING THEREFROM, the portions of the above described parcels that are being Purchased in fee title which
are described in Exhibit C:
Total Drainage and Utility Easements is 5.826 acres, more or less.
This real property description has been prepared by me, or under my direction, in conformance with the Professional
Land S urveyo rs Ac~..,C.__....,.~.
' ' ~',,~- .. ' '-~., ~\\ Date
~" [ No. 25573 ]~i~'
~5~ ~ ~P t2.~l,or / ~ ~* Prepared by the tim of
X~4yt~~B'// Inff~mcture Group
c OF CgLX~"
S~ ~mon, California
The rights condemned by the City for its public service/utility easements (PS/UE) are described as follows:
A permanent easement for the City or its agents to install, construct, use, inspect, maintain, clean out,
operate, alter, add to, repair, replace, and/or remove the following improvements called for by the subject
roadway improvement project in the manner proposed (the locations of most of which are shown in the
typical cross sections of the project improvements; see Exhibit D-3):
relocated above-ground utility poles,
underground public utilities, including but not limited to sewer, water, electrical, cable and gas
lines,
roadway pavement and related improvements for vehicular travel, extending from the roadway
edge of the PS/UE boundary to no more than approximately 8-12 feet into the easement area,
slopes for cuts and fills necessitated by the roadway improvements;
open drainage ditches (similar in nature to those existing prior to the project), and
a fence along the roadway improvements located within several feet of the roadway shoulder.
Together with:
The right of ingress to and egress from said easements for installation and maintenance purposes over
and across said lands by means of roads and lanes thereon, if such there be, otherwise by such routes as
shall occasion the least practicable damage and inconvenience to the property owner.
The right to mark the location of said easements by suitable markers set in the ground; provided that such
markers shall be placed in fences or other locations which will not unreasonably interfere with the use the
property owner shall make of said easements.
The City covenants and agrees that it shall promptly backfill any trenches made by it or its agents on said
easements and repair any damage it shall do to the property owner's roads or lanes on said easements,
The City shall indemnify the property owner against any loss and damages which shall be caused by the
exercise of said ingress and egress or by any negligent acts or omissions of the City or of its agents.
The property owner reserves the right to use said easement area for purposes which will not interfere with
the City's full use and enjoyment of the rights described herein; provided that the property owner shall not
erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or
other obstruction on said easements without the consent of the City.
The aforementioned rights shall inure to the benefit of and bind the successors and assigns of the City and
the property owner, and all covenants shall apply to and run with the land.
Exhibit D-2 - Public Service/Utility Easement Rights Condemned
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11,267-06
· December 3, 1999
Page Iofl
EXHIBIT "E"
A slope easement along the northerly line of Gleason Drive through the Lands of Dublin Land Company,
a deed for which was recorded September 30, 1998, Series 83-182776, Alameda County Records and
described as follows:
PARCEL L, Slope Easement
BEGINNING at the most northeasterly comer of Parcel D described above; thence along the easterly line
of Dublin Land Co. (Series 83-182776) N01°08'49"E 15.00 feet; thence leaving said easterly line
S82°40'58"W 10 t. I0 feet to the northerly line of above said Parcel D; thence along said northerly line
S88°47'06"E 100.00 feet to the POINT OF BEGINNING.
Containing 0.017 acres, more or less.
This real property description has been prepared by me, or under my direction, in conformance with the
Professional Land Surveyors Act.
epared by the firm of
X~< .?~~ff _M~_CKAY & SOMPS
"-~:.7 .::: ~>.w' Infrastructure Group
San Ramon, California
Date
Exhibit E - Legal Descriptions of Slope Easement
I 1,267-06
December 3, 1999
Page Iofl
EXHIBIT "F"
Temporary construction easements for the purposes of constructing Dublin Boulevard, Central Parkway
and Gleason Drive in the City of Dublin, Alameda County, California, along and through the lands of
Dublin Land Company, a deed for which was recorded September 30, 1983, Series 83-1827,76, Alameda
County Records and described as follows:
A strip of land ten (10) feet in width, contiguous ~o the perimeter of the above described Parcels B, C, D,
and L.
Said temporary easement shall expire 9 months from the date this document is fully executed.
This real property description has been prepared by me, or under my direction, in conformance with the
Professional Land Surveyors Act.
Prepared by the firm of
MACKAY & SOMPS
Infrastructure Group
San Ramon, California
Exhibit F- Legal Descriptions of Temporary Construction Easements
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PLAT TO ACCOMPANY DESCRIP~ON
DUBUN LA~D COMPANY
DUBUN O.;AUF'ORNIA
ALAMEDA COUNTY, CALIFORNIA
~,ARCH. 1999
INF:RAS'F'RUOTUF1E OIFIOUP
Exhibit G - Project Plat Maps of Fee Title Take Areas & Easements
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NO 1° 12 ~8'
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32.15'
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TOTAL AREA=52,011 SO. '-'
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503.97'
PARCEL E
~ R=164.02'
A=05° 34'31"
'~ L=15.96'
N----R = 178.02'
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L=5.3g'
NO 1' 12'54" E 391.35'
N¢6' 12'54' E
28.28
N02" 13'07" W
32.O6'
ROAD
NOI* 15'28"E
A
N88'44'32" W
738.13' 18.3g' -
N00*29'lg"W 381.27'
N88"47'06"W 10.12' TIF ROW-
N00*2g'I 9"W 381.76'
~,47'06"W
33.01'
N44'38' 1 ..T' W
27.86'
~° 13'OT'W
32.06'
/',f~ 7'Z'# Z//'Y_x-
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SCALE: 1" = 100'
10' TCE
76.00'
1
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