Loading...
HomeMy WebLinkAboutReso 134-05 GaspareTrustAcquist RESOLUTION NO. 134 ~ 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN **..*****~**************** DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUlSmON 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 ~ ANGELO GASPARE, TRUSTEE OF THE "A & 0 GASPARE TRUST" DATED FEBRUARY 10, 1993, PROPERTY OWNER Assessor's Parcel No. 941-0205-010-03 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 Exhibits "A and B" and Exhibits "C and D", respectively, 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, 1240.040,1240.050,1240.110, 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 of the State of California, notice has been duly given to all persons wbose 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 I WHEREAS, the City of Dublin has satisfied the provisions of the California Environmental Quality Act for the Project; NOW, THEREFORE, IT IS FOUND, DETERMlNED, AND ORDERED as follows: 1. 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 in and to the real property more particularly described in said Exhibit "A" and Exhibit "B" is necessary for the Project. 4. The taking of the temporary construction easement in and to the real property more particularly described in said Exhibit "C" and Exhibit "D" is necessary for the Project. 5. 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. 6. 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. 7. 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. 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, McCormick, Oravetz, Zika and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ATTEST: i Y Clerk K2/G/6-21.{)~/reso 13 .{)5 Gaspare Eminent Domain (Item 6.4) O:\MISCPROJ\Dough Imp. Hu'- to .$ROIRight orW.y\R""lulion orN""""ity· o..p.re.DOc 759793 2 ~C)rfl ~,-'" FEE ACQillSlTION APN No. 941-0205-010-03 Exhibit "A" All that real property situate in the City of Dublin, COunty of Alameda, State of California, described as fol1ows: Being a portion of Parcels 1 and 2 described in that certain document recorded on February 16, 1993 in Docwnent No. 93052324, Alameda County Records, Also being a portion of PARCEL-D as shown on that certain map entitled "PARCEL MAP 756", filed for record on October 8, 1971 in Book 72 of Parcel Maps at Page 13, Alameda County Records, more pa.rti~ularly described as follows: . . BEGINNING at the most northerly comer of the parcel described in that certain "Public Right of Way, Grant Dêed", recorded on October 9, 1996 in Document No. 96259547, said county records, said comer also being a point on the southwesterly right of way of Dougherty Road, a varying width right of way, as . shown on said map; Thence along the northwesterly Jine of last said parcel, also being the northwestyrly line of said PARCEL ~D, South 55°16'51" West 8.10 feet to the general southwesterly line of said parcel described in Document No. 96259547, said point being the beginning of a non-tangent curve to the left, having a radius of 863.08 feet, to which point a radial line bears Soùth 64°16'05" West, the TR1ffi POINT OF BEGINNING; Thence leaving last said lines and along the general southwesterly, westerly and northwesterly line of said parcel described in Document No. 96259547, the following three (3) courses: 1) Along said curve, through a eentral ang1e of 6°46'56", an arc length of 102.16 feet to the beginning of a reverse eurve having a radius of 42.00 feet; 2) Along said reverse eurve, through a eentral img1e of 87°47' 40", an arc length of 64.36 feet; 3) South 55°16'51" West 109.70 feet to the southwesterly line of said Parcel 2; Thence leaving last said northwesterly line and along last said line, North 34°43'09" West 3.85 feet; Thence leaving last said line and across said Parcels 1 and 2, the following three (3) courseS: 1) North 57°08'06" East, 100.83 feet to the beginning of a curve to the left, having a radius of 37.00 feet; mIBlT  -t 0 £h:e Ke.soJu.:Ó'o 1'/ tfDÖ1 , 2) Along said curve, through a central angle of 87°42'04", an arc length of56.63 feet to reverse curVe having a radius of 945.00 feet; 3) Along last said reverse curve, through a central angle of 6°33' 11", an arc length of 108.08 feet to said northwesterly line of said Parcel 1 ; Thence along last said line, North 55°16'51" East, 8.78 feet to the TRUE POINT OF BEGINNING of this description. Containing an area of 1,740 square feet, 0.04 acres more or Jess. A plat showing the above described parcel is attached heretò and made a part hereof as Exhibit "B". This descriptipn was prepared by me or under my direction in conformance with the Professional Land Surveyors Act. ,p:'~ 7. Zt:11riS . Dated: -:.---/ -=-r~ Billy Martin, LS 5797 License Expires 6/30/2006 K"MBI1\20{}1\200180( 2-1~AI.\OASFAAË.-El.I!oc \\ FEE ACQUISITION \ , , LINE L1 L2 L3 LINE TABLE BEARING S 5516'51" W 34'43'09" W N 5516'51" E LENGTH 8.10' 3.85' 8.78' P ARea - D 72 M J3 \ LEGEND APN - ASSESSOR PARCEL· NUMBER DOC. NO - DOCUMENT NUMBER \ P.O.B. - POINT OF BEGINNING (R) - RADIAL \ .q: ft. - SQUARE FEET \ T.P.O.B. - iRUE POINT OF BEGINNING \ . \... '\ P,O.B.. '\\ ~ì.-fo t .()? ......,(::" ~-- \ S õ5\~""" .1b~ ...... , "E.. \\Ä\ .00 "'& d>. Ö '3..' 'b .~ '\ '\.,. ('>0-a \ ~ 't<q, ~'*' \ \ '<9~;">'ð \ <': ~ 1'~ ' <;::.:~ '*'~ ~O"'i'.> 'ß i:.~ \ ~:~~) ,~ \, \ l' ~'\.~ " '>&: '(¡.~-'Q '0 ¿o~ (1). . BASIS OF BEARINGS THE BEARING N 32'48'00" WEST,. THE MONUMENT ') LINE ON DOUGHERTY. ROAD, BETWEEN FOUND MONUMENTS AS SHOWN ON THE MAP ENllRED "PARCEL MAP 1.043" FILED FOR RECORD ON SEPTEMBER 28, 1973 AND RECORDED IN BOOK 80 OF PARCEL MAPS, AT PAGE .29, IS USED AS THE BASIS OF BEARINGS FOR THIS PLAT. ~..., T.P.O,B. / I~GRESS/EGRESS EASE. ~. I. DOC. NO. 9352324'---1 PARCEL 4 / DOC NO. 91009057 / PARCEL 2 PARca - c 72 M J3 LANDS OF ANGELO GASPARE TRUSTEE OF THE A & 0 GASP ARE TRUST PARCEL 1 DOC. NO. 93052324 APN,941_0205-010-03 10' P.U.E. DOC. NO. 96251701 R~37,OO' lI=67'42'04" L..56.63' FEE ACQUISITION 1,740 sq. ft. ± \ 0\04 ocres ± , R=42.00' lI=87'47' 40" L~64,36' I / / :/ / .58' ) DOC. NO. 02598974 APN: 941~0205-009~08 PARCEL 3 DOC. NO. 9352324 INGREssjEGRESS EASE. <;}'V":<¿'~ o~v- 6> /' ~~*<::!x- /. ~<¿,V ,r::J5 ~ / .- /' /' ~ /' .- /' .- /' .- /' REFERFNCES (j)- 107 M 51 BkF 4780 CHABOT DRIVE SUITE 104 PLEASANTON, CA 94568 925-396-'-7700 925-396-7799 (FAX) Sub ject EXHIBIT "B" . DUBLIN BLVD.- ~~.._..~n~· -- ,..--,....- Job No. ...lQ.Q DVDlDIT B By B.I.....--._ MIUD E.....'.....g;-.:..-JP~ j!;t\S ]\ T 00 "'Tl¡;E'\\ '¡IÇ¡'t:"f.\.fiA~?A~'.d'irn P/?7/PDC:<j, IIr4PtIJO AM ~r '-0 THE: 2.£~~u-.rcN I.e ùè/f TEMPORARY CONSTRUCTION EASEMENT APN No. 941-0205-010-03 Exhibit "c" All that real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of Parcels 1 and 2 described in that certain document recorded on February 16, 1993 in Document No. 93052324, Alameda County Records, Also being a portion of PARCEL-D as shown on that certain map entitled "PARCEL MAP 756", filed for record on October 8, 1971 in Book 72 of Parcel Maps at Page 13, Alameda County Records, more particularly desCribed as follows: BEGINNING at the most northerly comeT of the parcel described in that certain "Public Right of Way, Grant Deed", recorded on October 9, 1996 in Document No. 96259547, said county records, said comeT also being a point on the southwesterly right of way of Dougherty Road, a varying width right Of way, as shown on said map; Thence along the northwesterly line of Jast said parcel, and continuing along the northwesterly line of said ParceJ 1, South 55"16'51" West 16.88 feet to the beginning of a non~tangent curve to the left, having a radius of 945.00 feet, to which point a radial line bears South 65059' 13" West, the TRUE POINT OF BEGINNING; Thence leaving said lines and southwesterJy along said curve, through a central angle of 6"33' 11", an arc Jength of 108.08 feet to the he ginning of a reverse curve having a radius of 37.00 feet; Thence along said reverse curve, through a central angle of 87"42'04", an arc length of 56.63 fcct; Thence South 57"08'06" West 100.83 feet to the southwesterly line of said ParceJ 2; Thence along last said line, North 34u43'09" West 5.00 feet; Thence leaving said line, North 57"08'06" East 101.00 feet to the beginning of a curve to the left, having a radius of 32.00 feet; Thence along said curve, through a central angle of 87"42'04", an arc length of 48.98 feet to the beginning of a Teverse curve having a radius of 950.00 feet; Thence along last said reverse curve, through a central angle of 3"10' 18", an arc length of 52.59 feet; Exhibit "A" Page 1 of2 mmrr c "f'o ï"o.+c:' ~UT,=----, Î r)t/r Thence South 62"36'19" West 26.00 feet to the beginning of a non-tangent curve to the right, having a radius of 976.00 feet, to which point a radial line bears South 62"36' 19" West; Thence northwesterly along said curve, through a central angle of 3"02' 16", an arc length of 51.74 feet to said northwesterly line of Parcel 1; Thencc along said line North 55('16'51" East 31.53 feet to the TRUE .POINT OF BEGINNING. Containing an area of 2,697 square feet, 0.06 acres more or less. The Tcmporary Construction Easement, to terminate upon completion of construction, for the purposes and incidents thereto over, under, across and upon the above described parcel. A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit ·'D) . This description was prepared by me or under my direction In confonnance with the Professional Land Surveyors Act. --R: ~..2-é ------ Billy Marrfn, LS 5797 License Expires 6/30/2006 K:\Ma¡~12OO1\20D1 roD2-1 O\LEOALIGASPARE.J _ TOE.( o~ dÎ../,,>-UJ /0. ~ ( Dated: Exhibit "A" Page 2 of 2 TEMPORARY CONSTRUCTION EASEMENT LEGEND \ APN - ASSESSOR PARCEL NUMBER DOC. NO. - DOCUMENT NUMBER P.O.B. - POINT OF BEGINNING (R) - RADIAL \ sq. ft. - SQUARE FEET T.P .O.B. - TRUE POINT OF BEGINNING T.C.E. - TEMPORARY CONSTRUCTlON \ EASEMENT ~~ t i'~ ! 1b\~ \7 \ ßðdi BASIS OF BEARINGS THE BEARING N 32'4B'OO" WEST, THE MONUMENT LINE ON DOUGHERTY ROAD, BETWEEN FOUND MONUMENTS AS SHOWN ON THE MAP ENTlTLED "PARCEL MAP 1043" FILED FOR RECORD ON SEPTEMBER 28. 1973 AND RECORDED IN BOOK 80 OF PARCEL MAPS AT PAGE 29, IS USED AS THE BASIS OF BEARINGS FOR THIS PLAT. CURVE C1 C2 C3 C4 C5 LINE L1 L2 L3 L4 CURVE TABLE DELTA RADIUS 6'33"'" 945.00' 87'42'04" 37.00' 87'42'04" 32.00' 3'10'18" 950.00' 3'02'16" 976.00' LINE TABLE BEARING S S5l6'S1" w N 34'43'09" W S 62'36'19" W N 55'16' 1" PARCEL - c 72 M J3 DOC. NO. 02598974 APN,941-0205-009-08 LENGTH 108.08' 56.63' 48.98' 52.59' 51.74' \ y--a.00' -<) " <:p. <11 0q, 'f, 01- \ \ '-1<%%'*' \ \ <? OÞ.'+:}>- "" c;>,\ \ ~ 9:.'*''t is' (\<). qþ .(r..'1- . "*~/'\ \. . ~--' 7" 1.",<,>;/ 5.00'~ \ \ ¡ ">)/ \' ~\\ LENGTH 16.68' 5.00' 26.00' 31.53' LANDS OF ANGELO GASP ARE TRUSTEE OF THE A&:O GASP ARE TRUST PARcEL - D 72 M J3 10' P.U.E. DOC. NO. )¿ Œ/ %"H~ / TEMPORARY CONSTRUCTION EASEMENT 2,697 Sq7ft. ± 0.06 acres ± ~~ ¢\~ ./ ~':'(S)/ ~ ~O*~ ~~V- "c':,.- / PARCEL 1 DOC. NO. 93052324 APN: 941-0205-01 0-03 PARCEL 3 DOC. NO. 93052324 \ INGRESS/EGRESS EASE. ~; BkF 1(;1 :t.I.W'"DI\Q1fiOD? -'C'I 0. . "~~ Ç.~I'~ . .[1 F../1D/<JOD."i IDI4[)j4R AM PDT To ït-tf= ~ESC:::>"'u-not-J RFFERENr:FS (f)- 107 M 51 ./ / 4760 CHABOT DRIVE SUITE 104 PLEASANTON. CA 94568 925-396-7700 925-396-7799 (FAX) Subject EXHIBIT "D" DUBL I N BLVD ~^' '^' ,~^-,. Job No. 20C 1J1VD1D1T D By RL lli\ßID ........~..I.,.... o CO LO I - Q) o CtI a.. œ g~ ~ o - " g .... c: o - en ::J o I " iì en - c: Q) E Q) > o ~ c.. E " \( " ~ E ::¡ ~ -'II " .. .. I::' e- m <>. <>. "'C CtI o a::: >- - ~ Q) ..c C) ::J o o J! ~ 1 li. i 2! If ~:¡; -1 ,Hj t{ f¡¡ ¡ ii' I ~ A'I'UCIIIIIM"¿.