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Home My WebLink AboutReso 165-00 DubBlWidEminDomainRESOLUTION NO. 165 - 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 Assessor's Parcel No. 941-0550-016-02 (Portion) WHEREAS, it is desirable and necessary for the City of Dublin to acquire fee title and a temporary construction easement within certain real property, particularly described in Exhibit A 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 '~roject"); 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, Government Code Sections 37350.5 and 37353(a) 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; 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, 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 a temporary construction easement in and through the above-identified parcel of land; 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 and a temporary construction easement in and through 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 of record of the real property; 5. The provisions of the California Environmental Quality Act have been satisfied for the Project. 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; , 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 5th day of September, 2000. AYES: Councilmembers Howard, McCormick, Zika, Vice Mayor Lockhart and Mayor Houston NOES: None ABSENT: None ABSTAIN: None ATTES~~_~ ~~, g: lmiscprojldublin dough-scarXreso necessi~v-d monte RV 9-O0. doc 2 EXHIBIT "A" OWNER: THE SCHORK FAMILY PARTNERSHIP APN: 941-0550-016-02 (Portion) FEE SIMPLE AND EASEMENT TO REMOVE IMPROVEMENTS 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 The Schork Family Parmership recorded March 20, 1998 as Instrument Number 98-094486, Official Records of Alameda County, 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 1,099.26 feet to the northwesterly corner of the said Lands of Schork (98-094486), said corner being also the POINT OF BEGINNING; THENCE easterly along the northerly line of said Lands of Schork (98-094486) and along said southerly line of Tract 5900 South 88°46'25" East 167.69 feet to the northwesterly corner of the lands described in the Deed of Dedication to the City of Dublin for public street purposes, recorded June 23, 1998, as Instrument Number 98-214386, Alameda County Records; THENCE southerly along the westerly line of said dedication (98-214386) South 01 °13 '35" West 31.50 feet; THENCE leaving said westerly line of said dedication (98-214386) North 88°46'25" West 167.69 feet to the line common to said Lands of Schork (98-094486) and the lands described in the Grant Deed to Eldon E. Gearing and Bobbe G. Gearing, trustees of Gearing Family Trust, recorded March 20, 1990 as Instrument Number 90-075836, Alameda County Records; THENCE along said common line North 01 °13'35" East 31.50 feet to the POINT OF BEGINNING. Containing an area of 5,282 square feet more or less. Together with the right and easement to enter upon the 80 feet southerly of the above-described portion of land ("Temporary Demolition Easement") for the purpose of removing the improvements which lie within the Temporary Demolition Easement ("Warehouse Building") plus any foundation within such area and all improvements which extend into the remaining portion of owner's land which are physically attached to the "Warehouse Building" (but not including any foundation within such remaining portion of owner's land), at any time within 120 days after the date possession is authorized as indicated in the order for possession, or within 120 days after Final Judgment in Condemnation for the above-enumerated purposes. G:WIISCPROJXDBW-DOUGHERTY SCARLETTLLEGAL DESCRIPTION OF FEE SIMPLE.DOC EASEMENT DESCRIPTION: 80' WIDE TEMPORARY CONSTRUCTION EASEMENT (ACROSS THE LANDS OF SCHORK) AI J- 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 The Schork Family Partnership recorded March 20, 1998, as Instrument Number 98-094486, Official Records of Alameda County, said portion being more particularly described as follows:' 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 88°46'25" East ~,099.26 feet to the northwesterly comer of said Lands of Schork (98-094486 O.R.); THENCE southerly along the the line common to said Lands of Schork (98-094486 O.R.) 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, Alameda County Records, South 01 ° 13'35 West 31.50 feet to the POINT OF BEGINNING; THENCE southerly along said common line South 01 °13'35 West 80.00 feet; THENCE leaving .said common line South 88 °46'25 East 167.69 feet to the easterly line of said Lands of Schork (98-094486 O.R.) and the prolongation of the westerly line of the lands described in the Deed of Dedication to the City of Dublin for public street purposes, recorded June 23, 1998, as InStrument Number 98-214386, Alameda County Records; THENCE northerly along said easterly line of the Lands of Schork (98-094486 O.R.) and the prolongation of said westerly line described for public street purposes (98-214386 O.R.) North- 01°13'35 West 80.00 feet to a point which bears South 01°13'35 West 31.50 feet from the northwesterly comer of said lands described for public street purposes (98-214386 O.R.); TIqENCE leaving said westerly line described for public street purposes (98-214386 O.R.) Noah 88046'25" West 167.69 feet to the POINT OF BEGINNING. Exhibit "A" Page 1 of 2 Containing an area of 13,415 .square feet, more or less. A plat showing the above described dedication is attached hemto and made a part hereof as Exhibit "B". This description has b rep~ed for BRIAN KANGAS FOULK. By: ' ~ * Batty ~~ams, P.L.S. 6711 License Expires: 06/30/04 Dated: ,-- ,~/~oo~ k.-~sm'gg~980289.10\descfipfions\tce-schork.doc Exhibit "A" Page 2 of 2