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Home My WebLink About4.9 PrchsDolanPropDB ExtCITY 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