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Home My WebLink About6.1 DghrtyRdEminentDomainCITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: October 13, 1986 SUBJECT: Public Hearing: Eminent Domain Proceedings Regarding Dougherty Road Widening EXHIBITS ATTACHED: (1) Resolution (2) Legal Descriptions (3) Plat Maps RECOMMENDATION: f~jV~ (1) Open Public Hearing (2) Hear Staff Presentation (3) Hear Public Testimony (4) Close Public Hearing and Deliberate (5) Adopt Resolution Determining That Public Interest and Necessity Require Acquisition of Certain Land and Directing the Filing of Eminent Domain Proceedings. FINANCIAL STATEMENT: An offer, consistent with the appraisal, of $87,350 has been made to Southern Pacific Transportation Co. DESCRIPTION: The City is attempting to acquire right-of-way from Southern Pacific for the future widening of Dougherty Road. This right-of-way is to be purchased with both HUD funds and General Funds. The deadline for using the HUD funds is December of this year. The Alameda County right-of-way department is doing the acquisition work for the City and has submitted an offer to Southern Pacific, but to date has not received a response. The purpose of this Resolution is to encourage Southern Pacific to respond. Widening of the west side of Dougherty Road is planned for next year by the Villages development. The easterly side would be widened in a future year. This right-of-way acquisition is budgeted for this fiscal year. ITEM NO. ~l_ COPIES TO: John Fenstermacher - Alameda County R. L. Mayer - SPRR RESOLUTION NO. -86 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 EMI~ DOMAIN PROC~nINGS 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 widening Dougherty Road; and 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, Sections 37350.5 and 37356 of the Government Code of the State of California, Section 4090 of the Streets and Highways Code, and Section 1240.110 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, ali 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 the 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, BE IT RESOLVED that the City Council of the City of Dublin finds, determines, and orders 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; -1- 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. PASSED, APPROVED, AND ADOPTED this 13th day of October, 1986. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk -2- LEGAL DESCRIPTION Al I that real property situated in the- City of Dublin, County of Alameda, State of California, described as follows: Being a portlon of the right-of-way of the Southern Pacific Railroad Company as shown on the amended map of the Town of Dougherty, Pleasanton Township, Alameda County, California. Filed Nov. 18, 1911 in book 26 of maps, at page 56, Alameda County records, being more particularly described as follows: Commencing at the intersection of the westerly Iine of Dougherty Rd. (County Rd. No. 4038) (former I y Fourth St.) (formerly Alamo Rd.), with the southerly right-of-way line of the lands of the Southern Pacific Railroad Company, (also the northerly line of South Avenue), as shown on said map; thence a Iong said wester I y Iine of Dougherty Road N O0° 35' 00" E 40.76 feet to the TRUE POINT OF BEGINNING, thence N O0° 35' 00" E 301.76 feet to a non-tangent curve; thence leaving said westerly Iine of Dougherty Road and northwesterly along the arc of said non-tangent curve, whose radius bears N 44° 17' 39" E 11359.19 feet, through a central angle of O0° 12' 35" an arc length of 41.60 feet; thence S O0° 35' 00" W 302.78 feet to a non-tangent curve;' thence southeasterly along the arc of said non-tangent curve, whose radius bears N 43° 27' 52" E 11579.19 feet, through a central ang I e of O0° 12' 08", an arc Iength of 40.90 feet to the TRUE POINT OF BEG NNING. Containing 9072.76 square feet more or less. EXHIBIT "A" Sheet 1 of 4 .&-_ 00° 12'35'' L--41.GO' 0~_ 0 ~-~ A- O0° 12'28' ~ iq= 11359.19' 1--:41.19' ~ L-- 40.90' DATE ,~A~, PLAT TO ACCOMPANY EXHIBIT "A" ~E.~m~o Sheet 2 of 4 b~A~ LEGAL DESCRIPTION CHECKED /:' ROJ ECT ENG LEGAL DESCRIPTION Al I that real ~property situated in the City of Dublin, County of Alameda', State of California, described as follows: Being a portion of the right-of-way of the Southern Pacific Railroad Company as shown on the amended map of the Town of Dougherty, Pleasanton Township, Alameda County, Cai ifornia. Filed Nov. 18, 1911 in book 26 of maps, at page 56, AI ameda County records, being more particularly described as fol lows: Commencing at the intersection of the westerly line of Dougherty Rd. (County Rd. No. 4038) (former I y Fourth St.) (formerly Alamo Rd.), with the southerly right-of-way line of the I ands of the-Southern Pacific Rai Iroad Company, (al so the northerly line of South Avenue), as shown on said map; thence southeasterly along said southerly right-of-way line and along the arc of a non-tangent curve, whose radius bears N 43° 07' 33" E 11609.19 feet, through a central angle of O0° 20' 03" an arc length of 67.71 feet to the TRUE POINT OF BEGINNING, al so being the easterly line of Dougherty Road; thence continuing along said curve, through a central angle of O0° 11' 58", an arc length of 40.44 feet; thence leaving said right-of-way line N O0° 35' 00" E 339.51 feet to a non-tangent curve; thence along the arc of said non-tangent curve, through a central angle of O0a 12' 28" an arc length of 41.19 feet to said easterly I ine of Dougherty Road; thence along said easterly I i ne S O0° 35' 00" W 340.63' feet to the TRUE POI NT OF BEGINNING. Containing 10202.098 square feet more or less. EXHIBIT "A" Sheet 3 of 4 /X: O0° 12'35" L-- z}l.CoO' 0 0 5'- O0° 12'28' "~ g': 1135,.q. 19' '~ L=41.19' L= 40.90' DATE, CHECKED pROJECT Et~G~. PLAT TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT "A" Sheet 4 of 4