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)
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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;
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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.
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Dated:
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Billy Martin, LS 5797
License Expires 6/30/2006
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FEE ACQUISITION
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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
\ . \...
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(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.
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T.P.O,B.
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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
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.58'
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DOC. NO. 02598974
APN: 941~0205-009~08
PARCEL 3
DOC. NO. 9352324
INGREssjEGRESS EASE.
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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
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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
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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
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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~
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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
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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'
\
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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 ±
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PARCEL 1
DOC. NO. 93052324
APN: 941-0205-01 0-03
PARCEL 3
DOC. NO. 93052324 \
INGRESS/EGRESS EASE.
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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
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