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HomeMy WebLinkAbout6.03 84-1AD Public Hearing CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 12, 1985 SUBJECT : Public Hearing Resolution of Necessity - San Ramon Road Specific Plan Assessme~:t District No. 84-1 EXHIBITS ATTACHED Resolution determining that the public interest and necessity require the acquisition of certain land and directing the filing of Eminent Domain Proceedings RECOMMENDATION : STATEMENT: 1) Conduct a Public Hearing 2) Receive Staff report from City Attorney 3) Deliberate 4) Adopt Resolution The entire cost of acquisition, attorney fees, and other related costs w. ill be paid by the Assessment District DESCRIPTION : The approved development plans of Town & Country Shopping Center (Jeha) and Morrison Homes condominium development provide for' the extension of Amador Valley Boulevard west of San Ramon Road. The cos?J of the public improvements~.are being paid for by an improvement district consisting of surrounding properties. At the regular City Council meeting on July 8, 1985, the City Council awarded the contract to construct the extension of Amador Valley Boulevard locaomon of the new roadway will reeuire to Redgwick Construction, inc. The ~' - the acquisition of private property. State Law requires the property owner be offered just compensation for the property. The City Attorney has ~operties The cost will be paid a~ec P · c.~n.~acted the owners of the ted fully by the Assessment District. The City Council must make three findings related to the project. The de ,terminations include: a) The public interest and necessity require the project; b) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and c) The property sought to be acquired is necessary for the project. Those persons whose property is affected must be.'given an opportunity to be heard on these matters. The City Attorney has indicated that provided that the property owners agree to accept the offer of compensation, an eminent domain proceeding will not have to be filed. However, it is important for the City Council to adopt the R~ooiubion to assure construction of the improvements in a timely manner. The adoption of the Resolution will allow the City Attorney to take necessary steps to acquire the necessary right-of-way. Staff recommends that the City Council conduct a puhlic hearing, deliberate and adopt the Resolution. COPIES TO: RESOLUTION NO. 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 SAN RAMON ROAD SPECIFIC PLAN IMPROVEMENT ASSESSMENT DISTRICT NO. 84-1 IT IS RESOLVED by the City Council of the City of Dublin, California, as follows: 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 constructing street and public utility improvements. 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, Section 37350.5 of the Government Code of the State of California and Sections 1240.050, 1240.110, 1240.120, 1240.125, 1240.150 and 1240.410 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 name and address appears 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 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, IT IS FOUND, DETERMINED AND ORDERED, 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; 5. The City Attorney, Michael R. Nave, 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 foresaid and to take such action as he may deem advisable or necessary in connection therewith; -2- 6. An order for prejudgment possession may be obtained in said action and a warrant issued to the Clerk of the County of Alameda, State of California, 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 of Dublin held on the day of August, 1985, by the following vote: AYES: NOES: ABSENT: Councilpersons Councilpersons Councilpersons Mayor of the City of Dublin ATTEST: Clerk of the City of Dublin -3- LEGAL DESCRIPTION Real property sit~ e in the Incorporated tel 'tory of the City of Dublin, County of Alameda, State of California described as follows: Being a portion of that certain parcel of land described in that certain deed recorded in Book 7965 of Official Records at Page 338 in the Office of the County of Alameda more particularly described as roi lows: Beginning at the southeast corner of said parcel of land; thence from said point of beginning along the southern line of said parcel of land South 80° 29I 57" West 499.00 feet to the southwest corner of said parco I of I and; thence along the western line of said parcel of land North 09° 31 ' 37" west 42.07 feet; thence I eavlng said western line along a non-tangent 35.00 foot radius curve to the right from which the center of said curYe bears South 09° 31' 37" east through a central angle of 44° 14' 46" an arc distance of 27.03 feet; thence along a tangent 25.00 foot radius curve to the left from which the center of said curve bears North 34° 43' 09" east through a central angle of 44© 13' 12" an arc distance of 19.30 feet; thence along a line paral lei with said southern line North 80° 29' 57" east 218.03 feet; thence along a tangent 195.00 foot radius curve to the left through a central angle of 42° 56' 41" an arc distance of 146.16 feet; thence along a tangent 156.00 foot radius curve to the right from which the center of sai d curve bears South 52° 26' 44" east through a central ang I e of 42° 55' 07" an arc distance of 116.86 feet to a point lying on the eastern line of said parcel of land; thence along said eastern line South 09° 37' 50" east 119.14 feet to said true point of beginning, containing 23665.1 square feet of land more or less. Together with a temporary construction ease'ment the uniform width of ten (10.00) feet in width more pa'rficularly described as fol lows: Commencing at the southeast corner of said parcel of land; thence from said point of commencement along the southern line of said parcel of land South 80° 29' 57" West 499.00 feet to the southwest corner of said parcel of land; thence along the western line of said parcel of land North 09° 31' 37" west 42.07 feet to the true point of beginning for this description; thence leaving said western llne along a nontangent 35.00 foot radius curve to the right from which the center of said curYe bears South 09° 31' 37" east through a central angle of 44° 14' 46" an arc distance of 27.03 feet; thence along a tangent 25.00 foot radius curve to the left from which the center of said curve bears North 34° 43' 09° east through a central angle of 44° 13' 12" an arc distance of 19.30 feet; thence along a line paral lei with said northern line North 80° 29' 57" [XHlt31T ^ east 218.03 feet; thence along a tangent 195.~00 foot radius curve to ~he left through a central angl e of 42° 56' 41" an arc , stance of 146.16 feet; ence a long a tangent 156.00 foot radlus curve to the right {rom which the center of said curve bears South 52° 26' 44" east through a central angle of 42° 55' 07" an arc distance of 116.86 feet to a point lying on the eastern llne of said parcel of land; thence along said eastern llne North 09° 31' 37" west 10.00 feet; thence leaving said eastern llne along a non-tangent ~66.00 foot radius curve to the left from which center of said curve bears South 09° 31' 37" east through a centra I ang I e of 42° 55' 06" an arc distance of 124.35 feet; thence along a tangent 185.00 radius curve to the right from which the center of said curve bears North 52° 26' 44" West through a central angle of 42° 56' 41" an arc distance of 138.66 feet; thence along a line paral lei with said northern line South 80° 29' 57" west 2%8.03 feet; thence along a tangen't 15.00 foot radius curve to the right thru a central angle of 44° 13' 12" an arc distance of 11.58 feet; thence 'along a tangent 45.00 foot radius curve to the left from which the center of said curve bears South 34° 43' 09" west through a central angl e of 44° 14' 46" an arc distance of 34.75 feet to a point lying on the western line of said parcel of land; thence along said western line South 09° 31' 37" east 10.00 feet to true said po. int of beginning. I = 4'4' = R= L= 19.30' = 195.00' A = 42__°56'41'' = 14-6. 16' N 34°4 5'09" E(R) N 9° 31' ll9.14' SAN RAMON ROAD S 09° 31'37" E (R) CITY OF DUBLIN ~ VAIl Fy BLVD. EXTENSION R/W -2 AC QUISITION PL~T ASSESSMENT DISTRICT 84- i ~UBI'aT]~E]3 ~ ~A ~ ~08 N~ ~ ~ ~ ~ ,,,A! ~UBLIN TOWN & COUNTRY ASSO ~TES LEGAL DESCRIPTION Real property situate In the Incorporated territory of the City of Dublin, County of Alameda, State of Cai Ifornla described as follows: Being a portion of Parcel Two, as said Parcel Two is shown and so designated on Parcel Map 2806 filed In Book 109 of Maps at Page 90 in the Office of the County Recorder of the County of Alameda, more particularly described as follows: Commencing at the northeast corner of said Parcel Two; thence from said point of commencement along the northern line of said Parcel Two South 80° 29' 57" west 104.95 feet to the true polnt 6f beginning for thls description; thence from said true point of beginning contlnulng along said northern llne South 80° 29' 57" west 393.21 feet to the northwest corner of said Parcel Two; thence along the western line of said Parcel Two South 09° 31' 37" east 27.92 feet; thence leavlng said western line along a non- tangent 35.00 foot radlus curve to the left from which the center of said curve bears North 10° 54' 06" west through a central angle of 42° 49' 11" an arc distance of 26.16 feet; thence along a tangent 25.00 feet radius curve to the right from which center of said curve bears South 53° 43' 17" east through a central angle of 44° ~3' 14" an arc distance of 19.30 feet; thence along a line paral lei with said Northern IIne North 80° 29' 57" east 262.95 feet; thence along a tangent 370.00 foot radlus curve to the left through a central angle 13° 57' 32" an arc distance of 90.14 feet to said true point of beginning, containing 4336.6 square feet of land more or less. Together with a temporary constructlon easement the uni form wl dth of ten (10.00) feet In width more particularly descrl'~ed as fol lows: Commencing at the northeast corner of said Parcel Two; thence from said point of commencement along the northern Ilne of said Parcel Two South 80° 29' 57" west 104.95 feet to the true point of beginning for 'this description; thepce along a non-tangen~ 370.00 radius curve fo the rl'~ht from which the center of said curve bears North 23° 27' 35" west through a central angle of 13° 57' 32" an arc distance of 90.14 feet; thence along a line paral lei with sald northern I 1ne South 80° 29' 57" west 262.95 feet; thence along a tangent 25.00 foot radius curve to the left through a central angle of 44° 13' 14" an arc dlstance of 19.30 feet; thence along a tangent 35.00 foot radius curve to the right from which the center of sald curve bears North 53° 43' 17" west through a central angle of 42° 11" an arc distance of 26.16 feet to a point lying on the western I 1ne of said Parcel Two; thence along said western I I ne South 09° 31 ' 37" east 10.00 feet; thence leaving said western I ine along a non-tangent 45.00 foot radius curve to the left from which the center of said curve bears North 10° 35' 46" west through a central angle of 43° 07' 31" an arc distance of 33.87 feet; thence along a tangent 15.00 ~oot radlus curve to the right from whlch the center of said curve bears South 53° 43' 17" east through a central angle of 44° 13' 14" an arc distance of 11.57 feet; thence along a I ine para I I e I with said northern line North 80° 29' 57" east 262.95 feet; thence along a tangent 380.00 foot radius curYe to the left thru a central angle of 19° 06' 12" an arc distance of feet to a point lying on said northern line; thence along said northern I ine South 80° 29' 57" west 35.11 fee? to said true point of beginning. NS ' 3~' 37' w 2.7. 9a' s 10°54'06' N 5.3° 43'17"W (R) 35.00' 42° 49'11 2'6.16' R = 25.00' A = 44° 1.3'14 L = 19.30' I0' TEMPORARY CONST. EASEMENT R = 370.00' & = I$ ° 57' 52 L = 90.14' SCALE; !"= IOO' SAN RAMON ROAD CItY OF DUBLIN A~ '¢~LLEY BLVD. EXTENSION ' - R/W-I ACQUISITION PLAT ASSESSMENT DISTRICT SUE~iTTEDBy SA~'TlU~. ,Ir I,J, OB ~o. I~,~ o ~'" ~-J CO:3144 84 -I