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Home My WebLink About6.04 Dublin Blvd Eminent Domain C CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: September 14, 1987 SUBJECT: Public Hearing: Eminent Domain Proceedings Dublin Blvd. Northwest Corner at Clark Avenue EXHIBITS ATTACHED: (1) Resolution (2) Legal Description (3) Plat Map RECOMMENDATION: (1) Open Public Hearing (2) Hear Staff Presentation (3) Hear Public Testimony (4) Close Public Hearing and Deliberate (5) Adopt Resolution Determining That Public Interest and Necessity Require Acquisition of Certain Land and Directing the Filing of Eminent Domain Proceedings. FINANCIAL STATEMENT: An offer, consistent with the appraisal, of $7,700 has been made to the California State Automobile Association DESCRIPTION: The City is attempting to acquire an eight-foot-wide strip of right-of- way from the California State Automobile Association for the widening of Dublin Blvd. at Clark Avenue, as indicated on the attached plat. This work is proposed to be done as soon as the right-of-way can be acquired. Consistent with the appraisal performed by Gary Van Arsdale and Associates, the City has offered the CSAA $7,700 for the property. CSAA has responded that a decision cannot be made until their next board of directors meeting in October and also proposed a purchase price of $19,200. While an agreement may yet be reached with CSAA, Staff recommends adoption of the Resolution of Public Interest and Necessity so that this option will be available should it become necessary. This action will allow the City Attorney to proceed to obtain possession of the right-of-way through the court so that construction may proceed while negotiations continue. ITEM NO. 45+ COPIES TO: George Schilling, CSAA 0 al RESOLUTION NO. -87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS WHEREAS, it is desirable and necessary for the City of Dublin to acquire certain real property, particularly described in Exhibit "A", attached hereto and made a part hereof by reference, for the purpose of widening Dublin Boulevard; and WHEREAS, the City of Dublin is vested with the power of eminent domain to acquire real property by virtue of Article 1, Section 19 of the Constitution of the State of California, Sections 37350.5 and 37356 of the Government Code of the State of California, Section 4090 of the Streets and Highways Code, and Section 1240.110 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 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 Council of 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 the most compatible with the greatest public good and the least private injury; and (c) Whether the property sought to be acquired is necessary for the project; 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; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin finds, determines, and orders as follows: 1. The public interest and necessity require the project; 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" 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; -1- 5. The City Attorney of the City of Dublin or his duly authorized designee be, and he 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 he may deem advisable or necessary in connection therewith PASSED, APPROVED, AND ADOPTED this 14th day of September, 1987. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk -2- .: wa.�..x"rY.x7 „-e c. ...ai s L�13t x a.. ;Lie' '' :<...a,f..:�s�a...,� a .. ,., EXHIBIT "A" LEGAL DESCRIPTION ALL THAT REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF LOT 1, BLOCK 1, OF TRACT 2717 AS SHOWN ON THE TRACT MAP FILED JUNE 21, 1965, IN BOOK 50 OF MAPS AT PAGE 38, IN THE OFFICE OF THE COUNTY RECORDER, ALAMEDA COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: • BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE NORTH 17° 16' 06" EAST 8.00 FEET; THENCE SOUTH 72° 43' 54" EAST 140 FEET, TO A TANGENT CURVE; THENCE ALONG THE ARC OF SAID TANGENT CURVE, THOSE RADIUS BEARS NORTH 17° 16' 06" EAST 20.00 FEET, THROUGH A CENTRAL ANGLE OF 90° 00' 00", AN ARC .LENGTH OF 31.42 FEET; THENCE SOUTH 17° 16' 06" WEST 8.00 FEET, TO A TANGENT CURVE; THENCE ALONG THE ARC OF SAID TANGENT CURVE, WHOSE RADIUS • BEARS NORTH 72° 43 ' 54" WEST 20.00 FEET, THROUGH A CENTRAL ANGLE. OF 90° 00' 00", AN ARC LENGTH OF 31.42 FEET; THENCE NORTH 72° 43 ' 54" WEST 140.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,280 SQUARE FEET, MORE OR LESS. END OF DESCRIPTION • • EXHIBIT "A" o •a-II ;' STATE OF CALIFORNIA .� �..1 501'1 lb 1 I..t.Nr.!°; OF '%IC: A-/'1rL.A.iN C.:OM/11l / 1E :. INC. ; t- N12'43'54"W 160.00' 24.00' 36.00' i= f1 1 I1 Ili • SCALE 1% 100' 0 r i I ° N • - 0 BLOCK I �' Subject �,, LOT 1 0 I o C ti w 'sU ;, r r- = 2 Z .3 . i -4 Lo. ' 1 t9O' L = 31.42' o R= 20.00' 4.00 3(0.00 C 5 7Z• 43154 NE 140.00 m I N 72.43' 54"W 140.00' °`;o DUBLIN g B vD.. I I r' _ h I. 14-0.00' , 44.00' 56.00' I f N 72.43'54'w 5'18. 87 EXIST MTOM• �— . LEGEND • • MONUMENT cuvra ""`s ., . •.. 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