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Home My WebLink AboutReso 115-00 Eminent DomainRESOLUTION NO. 115 - 00 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 WHEREAS, it is desirable and necessary for the City of Dublin to acquire fee title and temporary construction easements within certain real property, particularly described in Exhibits "A"~ "B" and "C", attached hereto and made a part hereof by reference, in order to construct, widen and/or improve Dublin Boulevard as part of the Dublin Boulevard Widening Project located between Dougherty Road and Scarlett Drive (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 I, 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; (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; and 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; NOW, THEREFORE, BE IT RESOLVED that: The public interest and necessity require the Project which involves the construction, widening and/or improvement of Dublin Boulevard as part of the Dublin Boulevard Widening Project located between Dougherty Road.and Scarlett 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 owners of record of the real property; 5. 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. PASSED, APPROVED AND ADOPTED this 20th day of June, 2000. AYES: Counciimembers Howard, McCormick, Zika, Vice Mayor Lockhart and Mayor Houston NOES: None ABSENT: None ABSTAIN: None K2/G/6-20-00/reso-condemn-scarlett.doc (Item 6.4) Mayor g: lmiscprojldublin dough-scar~resopublicnecessity, doc 2 OWNER: MICHAEL P. DOLAN APN: 941-0550-014-02 Exhibit A Fee Simple Brian Kangas Foulk Engineers · Surveyors · Planners July 24, 1999 BKF Project No. 980289-10 PROPERTY DESCRIPTION: RIGHT OF WAY ACQUISITION ALL that certain real property situate in the City of Dublin, County of Alameda, and State of California, and described as follows: BEING a portion of the lands described in the Grant Deed to Michael Dolan recorded April 14, 1970, as Reel 2598 at Image 538, Alameda County Records, said portion being more particularly described as follows: COMMENCING at the most southwesterly corner of Lot 1 as said lot is shown on that certain map entitled "TRACT 5900", filed February 25, 1993, in Book 206 of Maps at_Pages 84 through 86, inclusive, in the Office of the Recorder of Alameda County; THENCE easterly along the southerly line of said Tract 5900 South 88 °46'25" East 740.71 feet to the northeasterly corner of the lands described for right of way purposes recorded November 25, 1991, as Instrument Number 91-313723, Alameda County Records, said corner being also the POINT OF BEGINNING; THENCE easterly along the northerly line of said Lands of Dolan (2598 O.R. 538) and along said southerly line of Tract 5900. South 88 °46'25" East 184.27 feet to the line common to said Lands of Dolan (2598 O.R. 538) and the lands described in the Grant Deed to Eldon E. Gearing and Bobbe G. Gearing, Trustees of the Gearing Family Trust, recorded March 20, 1990, as Instrument Number 90-075836; THENCE southerly along said common line South 01 ° 13'35" West 31.53 feet to a point on the arc of a curve, concave southerly, having a radius of 945.00 feet, from which the radial center bears North 00°48'08" East; THENCE along said curve having a radius of 945.00 through a central angle of 11 °15'09", an arc distance of 185.59 feet to the southeasterly corner of said lands described for right of way purposes (91-313723); THENCE along the easterly line of said lands described for right of way purposes (91-313723) North 01 °12'48" East 51.06 feet to the POINT OF BEGINNING. Containing an area of'7,046 square feet, more or less. A plat showing the above described dedication is attached hereto and made a part hereof as. Exhibit "B". This description has been prepared for BRIAN KANGAS FOULK. By: ~~ ~z-,~t~' Paul Kittredge, P.L.~/No. 5790 License Expires: 06/'30/00 Dated: ~jT~/) mS// /~'.~] k:\sur98\980289.10\descrip'fion~k2598'538.doc Exhibit "A" Page 1 of 2 2737 North Main Street. Suite 200 o Walnut Creek. CA 94596-2714 · (925)940-2200 · FAX (925)940-2299 GRAPHIC SCALE ~. 0 20 40 80 ~ ( IN FEET ) N TRACT 5900 ! inch = 40 feet /---~-~_ _..P.O. I~N. Z~LN T DUBLIN BOULEVARD / \ COMMENCEMENT (PUBLIC RIGHT OF WAY) .... ' / 1'10' ' (WIDTH VARIES) . , ...... ~ = RIGHT OF WAY ACQUISITION ~ ~ ACQUISITION ~ ~ 7,046 S.F.* ~NDS OF DO~N ~ REEL 2598 I~GE 538 ~NDS OF ~NDS OF THE G~RING DO~N' FAMILY TRUST REEL 4549 BO--O75B38 O.R. J~GE ~7~ ' Exhibit A ~ ~l~ Suite 200 ~ Wolnu{ Creek, CA g~5~6 ~ob No. g8028g-lO E,¢,,.m · su~= · 'P,=...~ g25/g~O-2200 By ~L~ .. 'Do~e 07/2~/gg Chkd. PAK g2S/g¢O-22~9 (FAX) SHEET .~ OF 2 OWNER: MICHAEL P. DOLAN APN: 941-0550-014-02 _- Exhibit B Temporary Construction Easement Brian Kangas Foulk Engineers · Surveyors · Planners December 1, 1999 BKF Project No. 980289-10-02 EASEMENT DESCRII~ION: 3' WIDE TEMPORARY CONSTRUCTION EASEMENT (ACROSS THE LANDS OF DOLAN) ALL that certain real property situate in the City of Dublin, County of Alameda, and State of California, and described as follows: BEING a portion of the lands described in the Grant Deed to Michael Dolan recorded October 4, 1976, as Reel 4549 at Image 1.71, Alameda County Records, said portion being more particularly described as follows: BEING a strip of land of uniform width of 3.00 feet lying southerly of, parallel with and contiguous to the southerly line of the lands described for right of way purposes recorded November 25, 1991, as Instrument Number 91-313723, Alameda County Records. Containing an area of 600 square feet, more or tess. The sidelines of the above described easement shall be lengthened or shortened so as to terminate at the westerly and easterly lines of said Lands of Dolan (4549 O.R. 171). A plat showing the above described easement is attached hereto and made a part hereof as Exhibit "B". This. descril~tion has been prepared for BRIAN KANGAS FOULK, By: Paul Kittredge, P.L.~. No. 5790 License Expires: 06/30/00 Dated: ~-c- ~. /¢?~ k:Xsur98~980289.10\descriptionsXtce-flolan2a,doc Exhibit "B" Page 1 of 2 2737 North Main Street, Suite 200 ° Wa nut Creek, CA 94596-2714 · {925) 940-2200 · FAX {925] 940-2299 GRAPHIC SCALE 20 4.O ( IN FEET ) 1 inch = 40 feet 80 TRACT 59OO 2O9 MAPS 84 ~ (~BLIC RIGHT OF WAY) 110' . / ' (~DTH VARIES) IS 88'46 45" E]S 88'46'25" E 190 14' ES 67'27'05" WI N 67'27'25" E i.41' LANDS OF NOHR 88-300237 O.R. RIGHT OF WAY ACQUISITION 91-313723 O.R. · ' "w R 57' N 22 29 23 ( ) , L~9~~ ~ ~ r " -~ ~'~= N 22'29'26 W (R)] ~¢9~.5.?~u ~ ,~'.;5'Z ' , " ~ ~' L~'~S ~1'1~'~'' .o'0 ~ ~9~'~' 3.06 : ~ ~ 5' WIDE TEMPORARY CONSTRUCTION EASEMENT ~S 67'27'25" W 600 S.F.~ 2.75' LANDS OF DOLAN REEL 4549 IMAGE ] DENOTES RECORD DATA PER 91-31372.3 O.R. £nglneer~ · Surveyor~ * Planner~ RIGHT OF WAY ACQUISITION LANDS OF DOLAN REEL 2598 JMAGE 538 EXHIBIT "B" 2737 North Moin Street Suite 200 Wolnut Creek, CA 94596 925/94O-2200 925/940-2299 (FAX) Subject PLAT TO ACCOMPANY EASEMENT DESCRIPTION Job No. By MLM 980289-10-02 Dote 12/01/99 Chkd. PAK SHEET 2 OF 2 .. OWNER: MICHAEL P. DOLAN APN: 941-0550-013-04 Exhibit C Temporary .Construction Easement Brian Kangas Foulk Engineers · Surveyors · Planners December 1, 1999 BKF Project No..980289-10-02 EASEMENT DESCRIPTION: 3' WIDE TEMPORARY CONSTRUCTION EASEMENT (ACROSS THE LANDS OF DOLAN) ALL that certain real property situate in the City of Dublin, County of Alameda, and State of California, and described as follows: BEING a portion of the lands described in the Grant Deed to Michael Dolan recorded April 14, 1970, as Reel 2598 at Image 538, Alameda County Records, said portion being more particularly described as follow,s: COMMENCING at the most. southwesterly comer of Lot 1 as said lot is shown on that certain map entitled "TRACT 5900", filed February 25, 1993, in Book 206 of Maps at Pages 84 through 86, inclusive, in the Office of the Recorder of Alameda County; THENCE easterly along the southerly line of said Tract 5900 South 88o46'25'' East 924.98 feet to the northeasterly comer of said Lands of Dolan (2598 O.R. 538); THENCE South 01o13'35'' West 31.53 feet to a point on the arc of a non-tangent curve, concave southerly, having a radius of 945.00 feet, from which the radial center bears North 00°48'08'' East, said point being the POINT OF BEGINNING; TI-~NCE westerly along said curve having a radius of 945.00 feet through a central angle of 11 ° 15'09", an arc distance of 185.59 feet to the southeasterly comer of the lands described for right of way purposes recorded November 25, 1991, as Instrument Number 91-313723, Alameda County Records; THENCE southerly along the line common to said Lands of Dolan (2598 O.R. 538) and the lands described in the Grant Deed to Michael Dolan recorded October 4, 1976, as Reel 4549 at Image 171, Alameda County Records, South 01 o 13'35" West 3.06 feet to a point on the arc of a non-tangent curve, concave southerly, haVing a radius of 942.00 feet, from which the radial center bears North 10o29, 17" West; THENCE easterly along said curve having a radius of 942.00 feet through a central angle of 11°17'20'', an arc distance of 185.60 feet to the line common to said Lands of Dolan (2598 O.R. 538) and the lands described in the Grant Deed to Eldon E. Gearing and Bobbe G. Gearing, Trustees of the Gearing Family Trust, recorded March 20, 1990, as Instrument Number 90-075836; Exhibit "C" Page 1 of 3 2737 N~rth Main Street, Suite 200 · Walnut Creek, CA 94596-2714 · {925) 940-2200 · FAX i925) 940-2299 December 1, t999 BKF Project Number 980289-10-02 3' Temporary. Construction Easement (Across the Lands of Dolan) THENCE northerly along said common line North 01 °13'35" East 3.00 feet to the POINT OF BEGINNING. Containing an area of 557 square feet, more or less. A plat showing the above described easement is attached hereto and made a part hereof as Exhibit "B". This description has been prepared for BRIAN KANGAS FOULK. By: Paul Kittredge, P.L.SLiqo. 5790 License Expires: 06/30/00 Dated: k:ksur98\980289.10\descriptions\tce-dolan.doc Exhibit "C" Page 2 of 3 TRACT 5900 2O9 MAPS 84 GRAPHIC SCALE 20 4O ( IN FEET ) ! inch = 40 feet 8O R=1055.00' POINT OF COMMENCEMENT 110' DUBLIN BOULEVARD (PUBLIC RIGHT Of WAY) (WIDTH VARIES) 924,98' LANDS OF DOLAN REEL 4549 IMAGE 171 110' RIGHT OF WAY ACQUISITION 7,046 S.F.:i: o ~ ~ ~- p=942,uu L=185.60' % ~ 3' WIDE TEMPORARY CONSTRUCTION EASEMENT / POINT OF BEGINNING /..N E (R) 00°48'08'' ~ NO1 o13'35"E 3.00' 557 S.F.+ LANDS OF DOLAN REEL 2598 IMAGE 538 DENOTES RECORD DATA PER 91-31.%723 O.R. -2757 North Main Street Subject [ ml 2°° Walnut Creek, CA 94596 ,Job No. LANDS OF THE GEARING FAMILY TRUST 90--075835 O.R. Exhibit C 925/940-2200 925/940-2299 (FAX) PLAT TO ACCOMPANY EASEMENT DESCRIPTION 980289-10-02 Date 12/01/99 Chkd.u PAK SHEET 3 OF 3