HomeMy WebLinkAboutItem 4.9 PrchsDolanPropDB Ext (2)CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: May 11, 1992
SUBJECT:
Purchase of Property at 6393 Scarlett Court (Dolan
Property) for Dublin Boulevard Extension
EXHIBITS ATTACHED:
1)
2)
Copy of Stipulation
Location Map
RECOMMENDATION:
Authorize City Attorney to enter stipulation for
final judgment.
Authorize Finance Director to release funds for
purchase of property.
FINANCIAL STATEMENT:
The purchase price is $201,109.00 for approximately
0.3393 acre. This cost is to be paid by the Dublin
Boulevard Extension Capital Improvement project fr6m
funds loaned by BART for this purpose. This amount is
within budget for acquisition of this parcel.
DESCRIPTION: The piece of property to be purchased is the rear
portion of the Dublin Concrete Materials (Rock & Ready Mix) parcel, which is owned
by Michael Dolan.
The agreed purchase price is $201,109.00. Staff recommends that the City Council
authorize the City Attorney to enter a stipulation for Final Judgment at this
purchase price.
a: (dbx) \ao~enda\ags gdrw
ITEM NO.~ COPIES TO: Michael Dolan CITY CLERK
FILE ~
1
2 ~i
4
5
6
7
8
9
10
11
12
15
16
t7
18
19
2O
21
22
23
24
25
26
27
28
MICHAEL R. NAVE, ~SQ., #37226
DAVID W. 8KINI~ER, EBQ., %146285
MEYERB, N~V~t RIB~CK & SILVER
A Professional Law Corporation
1220 Howard AVenue, suite 250
p. o. Box 20S
Burlinga~e, C2~ 94011-0208
Telephone= (415) 348-7130
~ttorneys for Plaintiff
CITY OF DUBLIN
IN TH~ SUPERIOR COURT ON TH~ STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF ~LAM~D~
CITY OF DUBLIN, a municipal
oorporation,
Plaintiff,
NO. V-003790-1
~TIPULATION FOR FINAL
JUD~MEI~T ]~ND ORDER THER~ON--
~CTION IN_HM~N~N~_DOMAIN
MICHAEL P, DOL~N, et al.,
Defendants.
IT IS STIPULATED between Plaintiff CITY OF DUBLIN, a
public entity, and Defendant MICHAEL F. DOLAN, through their
attorneys, a~ follows:
1. The Complaint in this action was filed on November 25,
1991, to condemn the fee simple title to the property described
in said Complaint;
2. All named Defendants having an interest in the subject
property have been served with the Summons and Complaint.
3. The Disclaimer of Defendant WESTERN TITLE INSURANCE
COMPANY was filed on or about February 14, 1992, and said
Defendant has no interest in the subject property or the Just
compensation therefor.
1
6 ~
7
@
9
~0
11
12
13
14
15
17
18
19
2O
21
22
23~,
25
2~
27
4. The Disclaimers of Defendants JAMES D. GLENN and
HELEN D. GLENN were filed on or about April 23, 1992.
5. The Dismissal without Prejudice of Doe I Defendant
PIONEER CITIZENS BANK was entered on or about May 8, 1992.
6. Defendant MICHAEL F. DOLAN represents that, at the time
and immediately preceding the filing of the Complaint, he was and
now is the owner of the subject property.
7. Said Defendant has been served with Summons and
Complaint in this action, and he is fully informed as to ail
matters affecting said property and expressly waives any and all
other process of notice and any rights affected thereby.
8. The subject property is more particularly described in
Exhibit "A" attached hereto and incorporated by reference herein.
9. That the Court is authorized and petitioned to enter
without further notice a Final Judgment, identical to the copy of
Final Judgment--Action in Eminent Domain which is attached hereto
as Exhibit "B", decreeing that the fee simple title in and to the
subject property, more particularly described in Exhibit "A" is
taken and condemned as authorized by law and adjudging that the
sum of TWO HITNDRED ONE THOUSAND ONE HUNDRED NINE DOLLARS
($201,109.00) is full, adequate and just compensation for the
taking thereof and any and all claims or damages asserted by said
Defendant.
10. That Plaintiff CITY OF DUBLIN will forthwith deposit,
for Defendant MICHAEL F. DOLAN the sum of TWO HUNDRED ONE
THOUSAND ONE HUNDRED NINE DOLLARS ($201,109.00) into Escrow
Number 808338 at Northwestern Title Company, 275 Rose Avenue,
Pleasanton, California, and the fee simple title in and to the
7
10
11
12
13
14
15
17
18,
19 i!
23i
24
25
26
27
subject property will forthwith vest in Plaintiff free and
discharged of all claims and liens of ~very kind whatsoever upon
recordation of the Final Judgment herein.
11. That the real property taxes, including any
delinquencies, costs, and interest, if any, shall be apportioned
and prorated in accordance with Revenue and Taxation Code section
4986 as of March 16, 1992, and such portion of said taxes as is
attributable to the period from and after said date be, and the
same are hereby, canceled, and that the lien for real property
taxes, insofar as it affects the subject parcel, be canceled, and
the auditor of the County of Alameda is directed to take whatever
steps as are n$cesmary to cancel said taxes, and the lien for
real property taxes, insofar as the lien for real property taxes
affects the subject property, is to be canceled and extinguished.
DATED: , 1992 MEYERS, NAVE, RIBACK & SILVER
DATED: 1992
By
MICHAEL R. NAVE
Attorneys for Plaintiff
CITY oF DUBLIN
COOPER, WHITE & COOPER
By
NANCY J. CASALE
Attorneys for Defendant
MICHAEL F. DOLAN
1992.
ORDER ON STIPULATION FOR JUDGMENT
IT IS SO ORDERED this day of
JUDGE OF THE SUPERIOR COURT
.)
913~.3723
PEAL FROI~RI~ Z~I ~ ~ OF D~/BLIN, ~ OF AT,MJEE~, &"J~TE OF
CAL~ZA, & l~m OF ~E LAUDS O~ ~:ZAU AS ~g~~ IN T~E
DF. ED KECOP.~ oEo'om 4, 197~ 321 ~ 4549 A~ ZHAGE ~71 I~ THE
0.3;393
9/3t)/92
EXHiB,, A
6
7
8
10
11
12
14
15
17
78
19
20
2~
22
23
24
25
26
27
28
MICHAEL R. N~FE, ESQ., %37226
DAVID W. SKINNER, EBQ., %14628S
MEYERS, N~V~, RIBACK & SILVER
A Professional Law Co~oration
P. O. Box 208
Burling~e~ ~ 94011-0208
Telephoul~ (415) 348-7130
Attorneys for Plaintiff
CITY OF DUBLIN
IN THE SUPERIOR COURT OF THE STRTI OF C~LIFORNIR
IN AND FOR THE COUNTY OF
CITY OF DUBLIN, a municipal
Plaintiff,
vs.
MICHAEL F. DOLAN, et
Defendants.
NO. V-003790-1
FIN~L~~--ACTION
IT APPEARING tO the Court that Plaintiff CITY OF DUBLIN
in accordance with the Stipulation for Judgment between the
parties, is to forthwith deposit into escrow for the benefit of
Defendant the sum of TWO HUNDRED ONE THOUSAND ONE HUNDRED NINE
DOLLARS ($201,109.00) as the agreed-upon just compensation,
NOW~ THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED
that the fee simple title in and to the subject property for
street extension purposes will vest in Plaintiff free and
discharged of all claims and liens of every kind whatsoever
forthwith upon recordation of this Final Judqment;
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that:
(a) The public interest and necessity require the
' ..... ...........
9
10
11
15
18
19
2O
21
22
'23
24
25
26
27
28
1
4
6
7
project;
(b) The acquisition is planned and located in the
manner that will be most compatible with the greatest
public good and to the least private injury; and
(c) The property sought to be acquired is necessary
for the extension of Dublin Boulevard in the city of
D~bl in;
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED t_hat the
real property taxes, including any delinquencies, costs and
interest, if any, shall be apportioned and prorated in accordance
with Revenue and Taxation Code Section 4986 as of March 16, 1992,
and such portion of said taxes as is attributable to the period
from and after said date be and the same is hereby canceled;
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the
subject property is ~ituate in the county of Alameda, State of
California, and more particularly described in Exhibit "A"
attached hereto, and by this reference made a part hereof;
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that
Defendants WESTERN TITLE INSURANCE COMPANY, JAMES D. GLENN,
HELEN D. GLENN, and Doe I Defendant PIONEER CITIZENS BANK have no
interest in the subject property;
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that
Judgment be entered in favor of Plaintiff and against Defendant
MICHAEL F. DOLAN, and that said Defendant has no interest in the
property described in Exhibit "A".
DATED:
JUDGE OF THE SUPERIOR COURT
91313'723
DE=D ~gCOa~gD 0==O~ 4, 1976
EXP 9/30/91
EXmIBJ ~ A
~0
DUlalJN noUL~-VAIqD r:XTr:-NEI'~ON
"HAP SI[OWING I~I(;II'F-OI;'-WAY LINES
I;'OR EXTENSION 01;' DUBLIN BOULEVARD
BETWEEN DOUGIIERTY ROAD AND
SOUTIIERN PACIFIC RIOIIT-OI;'-WAY,"
22