Loading...
HomeMy WebLinkAboutReso 162-14 Doutherty Rd Acquire Const Easement RESOLUTION NO. 162 - 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A PARTIAL FEE AND TEMPORARY CONSTRUCTION EASEMENT FROM APN 941-0550-007-01 FOR THE PROPOSED DOUGHERTY ROAD IMPROVEMENTS PROJECT 4W LLC, PROPERTY OWNER PROPERTY LOCATION: 6271-6309 DOUGHERTY ROAD ASSESSOR'S PARCEL NO.: 941-0550-007-01 WHEREAS, in order to construct the Dougherty Road Improvements Project ("Project"), the City of Dublin (the "City") 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; California Code of Civil Procedure sections 1240.010 - 1240.050, 1240.110, and 1240.120; California Government Code sections 37350.5, 37353, 39792, 40401, and 40404; and Streets and Highways Code section 10102; WHEREAS, it is desirable and necessary to acquire a partial fee and temporary construction easement to construct the Project to address traffic congestion and multi-modal circulation issues for commuters traveling on Dougherty Road, including improved access to the Dublin/Pleasanton BART station. WHEREAS, the property interests to be acquired are located in Assessor's Parcel Number 941-0550-007-01 (Portion), Dublin, California, and are more particularly described and depicted collectively in Exhibit "A" attached hereto and which are incorporated herein by this reference; WHEREAS, pursuant to Code of Civil Procedure section 1245.235, the City provided the owner of the subject property a copy of the "Notice of Intent to Adopt a Resolution of Necessity" informing it of the date and time any interested person can be heard before the Council on the following matters, and to have the Council consider testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity to commence eminent domain proceedings: (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 interests sought to be acquired are necessary for the Project; and (d) Whether the offer required by Government Code section 7267.2 has been made to the owner(s) of record. Reso No.162-14,Adopted 10/07/14,Item 6.2 Page 1 of 3 WHEREAS, the requirements for appraisal and offer, pursuant to Government Code section 7267.1 and 7267.2, have been satisfied, and reasonable efforts have been made by the City to conclude negotiations in accordance with the requirements of Government Code section 7267.2; WHEREAS, the Council is satisfied that the requirements of the California Environmental Quality Act ("CEQA") have been met, and public notice has been given in the form provided by law as part of the various approvals for the Project, and members of the public have been given extensive opportunity for public review and comment; WHEREAS, the Council considered this matter as an item placed on its agenda at its regular meeting on October 7, 2014; WHEREAS, the findings and conclusions made by the Council pursuant to this Resolution are based upon substantial evidence in the entire record before the Council, and are not based solely on the information provided in this Resolution; WHEREAS, prior to taking action, the Council has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including each of the Project- related documents relevant to the adoption of this Resolution, including but not limited to the prior environmental review documents for the Project, and all oral and written evidence presented to it during all meetings and hearings; WHEREAS, the Council has duly considered all pertinent information presented to it on the issue before it, and specifically whether: (1) the public interest and necessity require the Project; (2) 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 (3) the property interests are necessary for the Project; WHEREAS, all other legal prerequisites to the adoption of the Resolution have occurred; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin has found, determined, and ordered as follows: 1. The public interest and necessity require the construction of the Project to address traffic congestion and multi-modal circulation issues for commuters traveling on Dougherty Road, including improved access to the Dublin/Pleasanton BART station. 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 partial fee and temporary construction easement as more particularly described in Exhibit "A" are necessary for the Project. 4. The offer required by Government Code section 7267.2 has been made to each of the persons known to City to claim an interest in the subject property as listed in the last equalized roll and specifically to 4W LLC, the record owner. 5. The City has complied with all conditions and statutory requirements, including those prescribed by CEQA, that are necessary for approval and adoption of the Project. Reso No. 162-14,Adopted 10/07/14,Item 6.2 Page 2 of 3 6. All conditions and statutory requirements necessary to exercise the power of eminent domain ("the right to take") to acquire the property described herein have been complied with by the City. 7. Insofar as the property or a portion of it has heretofore been appropriated for public use, the proposed use set forth herein will not unreasonably interfere with or impair the continuation of the public use as it exists or may reasonably be expected to exist in the future, and is therefore a compatible public use pursuant to Code of Civil Procedure Section 1240.510, or, as applicable, constitutes a more necessary public use to which the property is appropriated pursuant to Code of Civil Procedure Section 1240.610. 8. The temporary construction easement is for a six month period. 9. Special Counsel, Meyers, Nave, Riback, Silver & Wilson, is hereby authorized, empowered and directed to acquire in the name of the City of Dublin, by condemnation, the property in accordance with the provisions of the Eminent Domain Law, the Code of Civil Procedure and the Constitution of California; to prepare, prosecute and conduct to conclusion in the name of the City of Dublin such proceedings in the proper court as are necessary for such acquisition and to take such action as may be deemed advisable or necessary in connection therewith; and, to deposit the probable amount of just compensation based on the City's approved appraisal. 10. An order for prejudgment possession may be obtained in said action and a warrant issued to the State Treasury Condemnation Deposits Fund, in the amount determined by the Court to be so deposited, as a condition to the right of immediate possession and use the Easements for said public uses and purposes. 11. Notice and a reasonable opportunity to appear and be heard on October 7, 2014, on the matters enumerated in Code of Civil Procedure section 1240.030 has been given to each of the persons whose name and address appears on the county's last equalized roll and specifically to 4W LLC. PASSED, APPROVED AND ADOPTED this 7th day of October, 2014, by the following vote: AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None N Mayor ATT T: ifQ;47 City Clerk Reso No. 162-14,Adopted 10/07/14,Item 6.2 Page 3 of 3 PORTION OF APN 941-0550-007-01 6289 DOUGHERTY ROAD DUBLIN,CALIFORNIA EXHIBIT A LEGAL DESCRIPTION Right-of-Way Acquisition A Portion of the parcel of land described in the Grant Deed to 4W, LLC, a California Limited Liability Company,filed on March 17, 2010, Document No.2010-070842 in the Official Records of Alameda County, State of California, more particularly described as follows: COMMENCING at the most easterly corner of said 4W, LLC parcel(Doc.2010-070842),said point also being the point of intersection of the southwesterly line of Tract 7181,Scarlett Place, filed November 13,2001, Map Book 261 at Page 79,Alameda County Records with the northerly line of Parcel Map 7537, filed October 12, 2001, Map Book 260, at Page 78,Alameda County Records;thence, along the southerly line of said 4W, LLC parcel (Doc. 2010-070842), said line also being said northerly line of Parcel Map 7537(260 M 78), North 88°49'58"West, 346.29 feet to the northwest corner of Parcel 1 as shown on said Parcel Map 7537(260 M 78) said point being the TRUE POINT OF BEGINNING;thence, leaving said southerly line(Doc. 2010-070842)and said northerly line(260 M 78), North 1°13'02" East, 315.44 feet to a point on the northeasterly line of said 4W, LLC parcel (Doc.2010-070842)said line also being said southwesterly line of Tract 7181 (261 M 79);thence, along said northeasterly line (Doc. 2010- 070842), North 46°28'4T West,40.56 feet to a point on the direct extension north of the east line of Dougherty Road, Formerly Alamo Road, as described in the Abandonment Resolution No.45662,filed April 16, 1946, in Book 4876 at Page 209, Official Records of Alameda County; thence,along the easterly line of said Dougherty Road and its direct extension(4876 OR 209), South 1°13'02"West, 342.76 feet to a point on said southerly line of the 4W, LLC parcel(Doc. 2010-070842);thence, along said southerly line of 4W, LLC parcel(Doc. 2010-070842), said line also being said northerly line of Parcel Map 7537(260 M 78), South 88°49'58"East, 30.00 feet to the TRUE POINT OF BEGINNING. 5S�) LAND SGp Containing an area of 0.23 acres, more or less. �' 3� N,. LEP)- 4�o 03/19/2013 ,00/�4 - _00 No. 7893 1� Date �a9r4' OF CAL110���� LCC,INC.- CIVIL ENGINEERS/LAND SURVEYORS 930 ESTUDILLO STREET MARTINEZ,CA 94553 EXHIBIT A 925-228-4218 Page 1 of 1 EXHIBIT B PORTION OF i RIGHT-OF-WAY ACQUISITION APN 941-0550-007-1 6289 DOUGHERTY ROAD -....-- 59 --- PLAT MAP DUBLIN, CA. . TO ACCOMPANY LEGAL DESCRIPTION co •..., I— I I ••-• • t -8 ° il \ VGI:Vgli' D9 EN 1\1- + gCMGMEIT'V Pal=011 z •41-....:.:.:. ■ 0 6'., DM 2eil I7D@ TZ ;IS < I In ........... N r:5),..,<(` ‘-5' ...... r. lin :-:--•-.-..-.- ..,.. ,,,, ,e-1 ,....)„,_ cn rn ui ...0......- ■ s'\,,,s1., - U) i co ..Z.::.: .. .. \qp ciff+/sit' --2-.4 \ (3_ 25' :.:g-iri: Note: ....,1 -,---::: p-.-). \ \ Existing easements shown hereon are based on the Exceptions and Exclusions listed in the La I :•:-.....•.......• \ Preliminary Report from North American Title Q. I I ----- -•• ,.................. -•••••••• ':-:30':': \ Company information dated 1/31/2012 for APN 941-0550-007-01 (Order No. 1133034). 0 :3 2 '•CI-11j. \ -6% --,.0 C4 I- I cg ':-Lu. • (5) ..> z o ..-co. . \1' 'e:. 6' Lu Ile) 40 \ 0. m 1 r. ...cL o In 61) (V4?) \ -) #6289 DOUGHERTY RD F. / 0 v) :•:°- • APN 941 -0550-007-1 e/A\ 0 :.Z. 4W LLC V1).. \ P.O.C. z - ... I= SN......-.... F)ag. 2C1 0.(DT 0 8.4 2D 7/} \\\ \ 6' ---- w ....:............ \ \ -.-.-.-------..... \ ...4 • .1211X6 \ \..'. 346.29' \ \..,. *--- N 8849'58" W Lt.) 376.29'(T) .44 T.P.O.B. Pia@ML I \ (, Pi INI PM now o 1 o Ex 23® GD@ TO 1, 1....._ In 2 to LAND attp 60 tl LEP* 1:1■4 Leptien, Cronin, Cooper. Morris & Poore, Inc. •-. 31 dba LCC. Inc. 11 : -00-------- 4,0 .., , No. 7893 IP ■ Ai +s A*Op co,0°4 03/19/2013 ii.....) DATE SHEET 1 of 1 Civil Engineenns - land Surveying 930 Estudilo Street Martinez, Calfomia 94553-1620 (925) 228-4218 Fax (925) 228-4638 MARCH 2013 LCC JOB No. 2012.002.00 PORTION OF APN 941-0550-007-01 6289 DOUGHERTY ROAD DUBLIN, CALIFORNIA EXHIBIT A LEGAL DESCRIPTION Temporary Construction Easement (TCE) A portion of the parcel of land described in the Grant Deed to 4W, LLC, a California Limited Liability Company, filed on March 17, 2010, Document No.2010-070842 in the Official Records of Alameda County, State of California, more particularly described as follows: A strip of land ten feet(10') in width,the westerly line of which is described as follows: COMMENCING at the most easterly corner of said 4W, LLC parcel(Doc. 2010-070842), said point also being the point of intersection of the southwesterly line of Tract 7181,Scarlett Place, filed November 13, 2001, Map Book 261 at Page 79,Alameda County Records with the northerly line of Parcel Map 7537,filed October 12, 2001, Map Book 260, at Page 78,Alameda County Records; thence, along the southerly line of said 4W, LLC parcel(Doc. 2010-070842), said line also being said northerly line of Parcel Map 7537(260 M 78), North 88°49'58"West, 346.29 feet to the northwest corner of Parcel 1 as shown on said Parcel Map 7537 (260 M 78) said point being the TRUE POINT OF BEGINNING;thence, leaving said southerly line (Doc. 2010-070842)and said northerly line(260 M 78), North 1°13'02"East, 315.44 feet to a point on the northeasterly line of said 4W, LLC parcel(Doc.2010-070842)said line also being said southwesterly line of Tract 7181 (261 M 79), said point being the terminus of the westerly line herein described. The easterly sideline of said strip lies parallel with and 10 feet(measured at right angles) easterly of the above described line and is to be shortened or lengthened to begin and end at said southerly and northeasterly lines of said 4W, LLC parcel(Doc. 2010-070842). Containing an area of 0.07 acres, more or less. 03/19/2013 grp0 LAND SG 4" µ '.7",e,LEP). Date G No. 7893 �a9r� op CA01°,2- LCC,INC.- CIVIL ENGINEERS/LAND SURVEYORS 930 ESTUDILLO STREET MARTINEZ,CA 94553 EXHIBIT A 925-228-4218 Page 1 of 1 EXHIBIT B PORTION OF TEMPORARY CONSTRUCTION EASMENT APN 941-0550-007-1 PLAT MAP 6289 DOUGHERTY ROAD TO ACCOMPANY LEGAL DESCRIPTION � DUBLIN, CA. I , t— II 0 Q o U It I cc o\ ::\ /k 4G3LaC�4 779 9 N `��) �©L1G,�dC W pdi Q 'in M .-:.1\ 'Oct Xel, E C3 269 pC2 7? u I 1 �`�o FF �� N � co _z_z -:•1 \,\�S�,y�L N I M z� :::1 Jti� a0It ...i \ 25' ic) \ Note: v I ,- ...I \ \ Existing easements shown hereon are based :.I on the Exceptions and Exclusions listed in the WI Preliminary Report from North American Title a I :1 \ Company information doted 1/31/2012 for •':.� \ APN 941-0550-007-01 (Order No. 11.33034). Z 3 30 ..:�1 \ t— I N °w W '�.' PROPOSED �A6� s08 z . O cn r ..10 WIDE T.C.E , LIJ I � o o.H. :1 r� q�o rJ 2 I — 2 ? 1 #6289 DOUGHERTY RD F %: -9 \ O N a T :1 APN 941 -0550-007-1 l`'� C'ek°0 \ I z w Z ...-. 4W LLC 4 o P.O.C.dl�1)- \ N :::::� ({19000. 20900=Oa0842p `') \\\w —:-:+-- 10' \ \ 6 wI --- z ,....1 \ \ .30. :i 346.29' \ \\ \ I N 88'49'58" W 376.29'(T) \--• \ La T.P.O.B. pLpME11, 9 \ 1 1 iv PL1 710 377 0 M DM X360 pG 57B I 55' — r E 4�4e�K�E o'4' Leptien, Cronin, Cooper, Morris & Poore, kic. # o� dba LCC, Inc. Civil Engineering - Land Surveying /1��' —__t 930 EstudiNo Street No. 7869 ` * Martinez, Cafdania 94553-1620 (925) 228-4218 Fax (925) 228-4638 op CAl,.rt( 03/19/2013 MARCH 2013 DATE SHEET 1 of 1 LCC JOB No. 2012.002.00