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Home My WebLink AboutReso 133-05 SinghPropAcquisiton RESOLUTION NO. 133 - 05 A RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF DUBLIN *"*111'****** DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS FOR THE CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NO. 96852, DOUGHERTY ROAD IMPROVEMENTS - HOUSTON PLACE TO 1-580, WITH SCARLETT COURT ACCESS TO DUBLIN BOULEVARD LIMITED TO RIGHT TURN OUT ONLY AND RIGHT TURN FROM DUBLIN BOULEVARD TO SCARLETT COURT ELIMINATED - TEJINDAR P. AND RAJINDAR K. SINGH, PROPERTY OWNERS Assessor's Parcel No. 941-0550-009-11 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 the intersection of Dublin Boulevard and Dougherty Road (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, Government Code Sections 37350.5, 37353(a), and 40404, and Sections 1240,010, 1240.020, 1240,030, 1240,040,1240,050, 1240,1l0, and 1240.120 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 ofthe 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. 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; 1 NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows: L The public interest and necessity require the Project for the acquisition of the fee simple and the temporary construction easement in and through the above-identified parcel ofland. 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 the temporary construction easement 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. 5, 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. 6. An order for prejudgment possession may be obtained in said action and a warrant issued to the State Treasury Condemnation Fund, in the amount detennined by the Court to be so deposited, as a condition to the right ofimmediate possession. The foregoing Resolution was adopted at a regular meeting of the City Council held on the 21st day of June, 2005, by the following vote: AYES: Councilmembers Hildenbrand, Oravetz, Zika and Mayor Lockhart NOES: Councilmember McCormick ABSENT: None ABSTAIN: None ATTEST: K'/G/6-21.QS/reso I <05 Singh Eminent Domain (Item 6.3) aolMlSCPROIIDoog rty Rd Imp - Ho~ to 1-~'OIR;gId ofWay\=o or_ny-singh 0621 O~.doc 759789 2 "3 obI¡:¡ FEE ACQillSITIQN APN No. 941-0550-009-11 Exhibit "A" . All that real property situate in the CJty of Dublin, Ctnmty of Alameda, State of California, described as follows: . . Bdng a portion of Parcel 1 and 2 described in that certain document recorded on August 1, 1994 in Document No. 94268159, Alameda County Records, more particularly described as follows: BEGINNING at the: southeasterly comer of said Parcel 2, also being the southwesterly corner of , the parcel described in that certain document entitkd "Right of Way Deed for Dougherty Rmi.d, City of Dublin, California" recorded on March 22,,1996 in Docùment Serifls No. 96072188, said courtty records; Thencflalongthe southerly line ofsaid Parcel 2, North 8 8 ~ 46' 5 8" West 2Ó;67 fflet; Thence leaving said southerly line, North 32°49'44" West 120.88 feet to the beginning of a curve to the left having a radius of 42.00 f\:et; Thence along said curve, through a central angle of 89°25' 13"; for an arc length of 65.55 feet; Thence South 57°45'03" W8st 139.14 fflet to the west~:rly line of saidParce! 1; Thence along said line, the following two (2) courses: 1. North 01°13'02" East 10.26 fee.t to the beginning of a curv~ to the right, having a radius of 50.00 feet; 2. Along said cilIVe, through a cflntral angle of 0°56'01", an arc length of 0.81 feet tOthfl southeasterly line of the parcel 'described in that certain document entitled "Irrevocable Offer to Dedicate Real Property" recorded on March 22, 1996 in Document Series No. 96072189. said county reco~ds ThflJ1ce leaviJ1g said westerly'line and along la¡;t sald line, North 55°16'51" East 164.64 feet to the norther]y line of the parcel described in said Document No. 96072188; Thence leaving said southeasterly line and along last said line, South 88°15'43" East 24.13 feet to the westerlyline of last said parcel, being the bflginning of a non-tangent curve to the right having a radius of 176.00 feet, to which point a radial line bears North 40°38' IS" East; mmIT ~ -to -t:hr. Reso/u:é;Or( 4-ob~ Thence leaving last said northerly line, and along last said line the follówing two (2) cours1\S: 1)' Southeasterly along s'aid curve, through a central angle of 16"33'45", aD arc length of 50.88 feet; 2) South 32"48'00" East 126.59 feet to the POINT OF BEGINNING. Containing an area of 5,480 square feet, 0.13 acres, more or 1MB. TOGETHER with 'a T=porary Construction Easement, to terminate upon completion of construction, forthe purposes and incidents thereto over, under, across and upon a strip of land 8 feet in width, beginning at the southerly line of said Parcel 2, northwestirly and. ¡:>aroUel to the parcel described above for a distance of 118.60 feet, thence 'a strip of land 5.00 'feet in width and parallel to the parcel described above, across said Parcell, the northeasterly, northerly and northwesterly line of said strip lying contiguous to the southwesterly, southerly and southeasterly line of the above described parcel and bounded on the southeast by the southerly ]ine of said Parcel 2 and on the west by the westerly line of said Parcell. A plat showing the above described parcel and temporary easement is attached hereto and made a part hereof as :Exhibit "E". 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