Resolution 15430CITY OF ALAMEDA RESOLUTION NO. 15430
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY
INTERESTS FOR A PUBLIC PROJECT AND DIRECTING THE
FILING OF EMINENT DOMAIN PROCEEDINGS
(TILDEN WAY)
WHEREAS, it is desirable and necessary for the City of Alameda, a chartered
city and municipal corporation (hereinafter the "City") to acquire certain real property,
more particularly described and depicted in Exhibits 1, 2, and 3, attached hereto and
incorporated herein by this reference (the "Subject Property"), for the Tilden
Way/Clement Avenue Transportation Improvement Project ("Project"); and
WHEREAS, the Project will connect Clement Avenue with the Fruitvale Bridge
and complete the Cross Alameda Trail by adding bicycle and other transportation
improvements along the Tilden Way corridor; and
WHEREAS, the City is vested with the power of eminent domain to acquire real
property by virtue of Article I, Section 19 of the Constitution of the State of California,
Sections 37350.5, 37353 and 40404 of the California Government Code, Sections
1240.010 and 1240.220 of the California Code of Civil Procedure, and Section 1-2 of its
Charter; and
WHEREAS, pursuant to the provisions of Section 1245.235 of the California
Code of Civil Procedure, notice has been duly given to Southern Pacific and Union
Pacific Railroad Corporation, a Delaware corporation, successor by merger with
Southern Pacific Transportation Company, successor by merger with Southern Pacific
company ("Union Pacific"), whose property is to be acquired by eminent domain and
whose name and address appears on the Alameda County Equalized Assessment Roll,
and the property owner has been given a reasonable opportunity to appear and be
heard before the City Council; and
WHEREAS, on January 20, 2009, by Resolution Nos. 14299 and 14300, the City
Council certified the Final Environmental Impact Report (EIR) for the Transportation
Element of the General Plan in accordance with CEQA. The EIR analyzed the
environmental and transportation impacts of the 2009 Transportation Element and
included analysis of the Project. The Final EIR found that the Clement Avenue
extension improves traffic circulation and levels of service in the area. No further
environmental review is necessary pursuant to CEQA; and
WHEREAS, in accordance with 49 C.F.R. §1152.29(e)(2), Union Pacific has
consummated the abandonment of its remaining trackage in the City of Alameda,
pursuant to authority granted in the Surface Transportation Board's Decision with a
Service Date of June 20, 2016; and
WHEREAS, pursuant to the provisions of Section 7267.2 of the California
Government Code, the City has made an offer to the owner(s) of record to acquire the
Subject Property for the amount which it has established to be just compensation
therefore.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Alameda finds and determines as follows:
1. The public interest and necessity require the Project.
2. The Project is planned or located in the manner that will be most compatible
with the greatest public good and the least private injury.
3. The taking of the real property more particularly described and depicted in
Exhibits 1, 2 and 3 is necessary for the Project.
4. All environmental review required by law has been prepared and adopted.
5. The offer required by Section 7267.2 of the California Government Code has
been made to the owner(s) of record of the real property.
6. The City Attorney or her duly authorized designee 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 actions
as she may deem advisable or necessary in connection therewith.
7. The City may deposit with the State Treasury the probable amount of
compensation and obtain an order for prejudgment possession of the Subject
Property.
BE IT FURTHER RESOLVED, that to the extent any portion of the Subject
Property is presently appropriated to public use, the purpose for which the acquisition
and use of the Subject Property is sought, namely for construction and operation of the
Project, is a more necessary public use, as required by California Code of Civil
Procedure §1240.610.
EXHIBIT I
LEGAL DESCRIPTION
PARCEL 2 (113 PM 86)
APN 070-0196-042
ALAMEDA, CALIFORNIA
REAL PROPERTY SITUATE IN THE CITY OF ALAMEDA, COUNTY OF ALAMEDA,
STATE OF CALIFORNIA DESCRIBED AS FOLLOWS -
BEING PARCEL 2 AS SAID PARCEL IS SHCA%(N ON PARCEL MAP NO. 2607, FILED
IN BOOK ;,3 OF PARCEL MAPS AT PAGE 851 ALAMEDA COUNTY RECORDS AND
MORE PARTICULARLY DESCRIBED AS FOLLO�vVS:
BEGINNING AT THE. SOUTHA/VESTERLY CORNER OF SAID PARCEL. THENCE
ALONG THE GENERALLY NORT-l"/',tESTERLY LINE OF SAID PARCEL THE
FOLLO�'%IING FIVE (5) COURSES:
1) NORTH :34' 23,57" EST I58.18 FEET,
2) SOUTH 55.36'03" EAST 43.2.5 FEET.
3) NORTHEASTERLY ALONG A NON -TANGENT CURVE CONCAVE TO THE
SOU711 EAST, WHICH A RADIAL BEARS SOUTH "16`46"17" EAST TO T HE
RADIUS POINT, HAVING A RADIUS OF 3,46312 FEET, A CENTRAL AN( ---'LE
OF 071031'gA;'AND AN ARC LENGTH OF 92.65 FEET,
4) EASTERLY ALONG A NON TANGENT CURVE CONCAVE TO THE NORTH,
\NHICH A RADIAL BEARS NORTH 16`45"1017; EAST, HAVING A RADIUS OF
280.00 FEET, A CENTRAL ANGLE OF 27-45'-IOT'AND AN ARC LENGTH OF
135.63 FEET (CENTRAL ANGLE OF 27-26;03;'AICD AN ARC LENGTH OF
134.07 FEET PER 113 PM 85) AND
5) NORTH 76.29'40" EAST 122.01 FEET,
THENCE ALONG THE GENERALLY SOUTHEASTERLY LINE OF SAID PARCEL
SOUTHWESTERLY ALONG A NON -TANGENT CURVE CONCAVE TO THE
NORTHWEST,'-.,'VHICH A RADIAL BEARS SOUTH 39-43'04' WEST TO THE RADIUS
POINT, HAVING A RADIUS OF 52.00 'FEET, A CENTRAL ANGLE OF 76`46'36" AND
AN ARC LENGTH OF 69.68 FEET AND SOUTH 76"2940" WEST 430.10 FEET TO
THE POINT OF BEGINNING.
C!,_)NT AINING 0.623 ACRE OF L. -,'%ND, MORE OR LESS.
SEE FLAT TO ACCOMPANY LEGAL DESCRIPTION'',' lIC'-4 I
IS ATTACHED HERETO
AND f'JAE.,E A PART HEREOF-
END OF DESCRIPTION
THIS DESCRIPTION AND ITS ACCOr.]PANYUG", PLATvVERE PREFARED BY OR
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EXHIBIT 2
LEGAL DESCRIPTION
PORTION OF BLANDING AVENUE
ALAMEDA, CALIFORNIA
REAL PROPERTY SITUATE IN THE CITY OF A' A [,,lEDA. COUNTY OF ALAIAEDA,
L
STATE OF CALIFORNIA DESCRIBED AS FOLLOV,, S -
BEING THE PARCEL OF LAND DESCRIBED IN EXHIBIT A IN THE DOCUNIENT
TITLED "STREET OR =i'IG.-'''JAY'-=-ASEI�,,;IENTI-I RECORDED ON JULY ',-) ; 1974 IN
REEL 3730, IMAGE 346, CF'FICIAL RECORDS OF ALAMEDA COUNTY AND MORE
PARTICULARLY DESCRIBED AS FOLLO'vVS-
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL. THENCE
ALONG THE EXTERIOR LINES OF SAID PARCEL THE FOLLO%-VING SEVEN (7)
COURSES:
1;1 NORTHEASTERLY ALONG A NON—TANGENT CURVE CONCA` '�'E TO THE
N(_-)RTH\'%-'EST, Vv'HICH A RADIAL BEARS NORTH '13030720" ti41EST TO THE
RADIUS POINT,,HAVIN,,G A RADIUS OF 52.00 FEET, A CENTRAL ANGLE
OF'9`0000:00"AND AN ARC LENGTH OF 81.138 FEET,
21 NORTH 13'30,2` : ViEST 48.96 'FEET,
3) NORTH 77:41 '00` EAST 66.01 FEET,
4) SOUTH 13' 30'20_' EAST 49-316 FEET,
5) SOUTH 37'33'41" EAST 36.79 'FEET;
6) SOUTHEASTERLY ALONG A NON—TANGENT CURVE CONCAVE TO THE
NORTHEAST.'v'VHICHA RADIAL BEARS NORTH 35c42'3&EAST TO THE
RADIUS POINT, HAVING A RADIUS OF 48.00 FEET, A CENTRAL ANGLE
OF490'12'58"AND AN ARC LENGTH OF 41.23 FEET AND
71 SOUTH 76:29'407\,'jr-ST 169.34 FEET
TO THE POINT OF BEGINNING_
CONTAINING0.181 ACRE OF LAND, MORE OR LESS.
SEE FLAT TO ACCOMPANY LEGAL DESCRIPTIONv,i'_lIC—i IS ATTACHED HERETO
AND MADE A .-PART HERECP.
END OF DESCRIPTION
T -AS DESCRIPTION AND ITS ACCOMPANYING PLAT �."IERE PREPARED BY OR
UNDER THE DIRECTION OF:
8 PLS 6630
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EXHIBIT 3
LEGAL DESCRIPTION
APN 070-0196-027-2
ALAMEDA, CALIFORNIA
REAL PROPERTY SITUATE IN THE CITY OF ALAIvlEDA, COUNTY OF ALAMEDA,
STATE OF CALIFORNIA DESCRIBED AS FOLLOWS -
BEING THE LANDS BOUNDED ON THE NORT,—N,VEST BY THE SOUTHEASTERLY
BOUNDARY OF THE TRACT OF LANE) SHOWN ON PARCEL PvIAP 8725, FILED ON
NOVEMBER 10, 2005 IN BOOK 286 OF PARCEL MAPS AT PACE I, ALAMEDA
COUNTY RECORDS,- ON THE NORTHEAST BY THE SOUTHWESTERLY LINE OF
THE OAKLAND INNER HARBOR TIDAL CANAL AS SAID CANAL IS SHOWN
RECORD OF SURVEY RJS NO. 1245, FILED ON JULY 14,1994 IN BOOK 18 OF
RECORDS OF SURVEY AT PAGE 63, ALAMEDA COUNTY RECORDS; ON THE
SOUTHEAST BY NORTHWESTERLY LINE OF TILDEN WAY; AND ON THE
SOUTHIAIEST BY THE NORTHEASTERLY LINE OF BLANDING AVENUE AS SAID
AVENUE IS DESCRIBED IN THE DOCUMENT TITLED -'STREET OR HIGHWAY
EASEMENT" RECORDED ON JULY 16, 1074 IN REEL 3730, IMAGE 346, OFFICIAL
RECORDS OF ALAMEDA COUNTY AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS.
BEGINNING AT THE SOUTH�,-VESTERLY CORNER OF PARCEL 3, AS SAID PARCEL
IS SHOWN ON SAID PARCEL MAP 8725-T THENCE ALONG SAID SOUTHEASTERLY
BOUNDARY OF THE TRACT OF LAND SHOWN ON SAID PARCEL NIAP 8725 THE
FOLLOWIN'S SIX (6) COURSES_
NORTH 76c5051` EAST 90.94 FEET,
2) NORTH 75.05'3-1'- EAST ".,"30.71 FEE'.
3) NORTH 78-4355' EAST 235.68 FEET,
4) NORTHEASTERLY ALONG A NON -TANGENT CURVE CONCA`,IE TO THE
NORTHWEST, %VHICH A RADIAL BEARS NORTH '1332`45" WEST TO THE
RADIUS POINT., HAVING A RADIUS OF 305,94 FEET, A CENTRAL ANGLE OF
240115'28;' AND AN ARC LENGTH OF 12:x.53 FEET,
5) NORTH 34-27'26-'z EAST 42.20 FEET AND
6'
j NORTH 28-55?22" EAST 56.20 FEET
TO SAID SOUTH�,V ESTER LY LINE OF THE OAKLAND INNER HARBOR TIDAL
CANAL; THENCE ALONG LAST SAID LINE SOUTH 60"1314' EAST 64.73 FEET TO
SAID NORTH'vVESTERLY LINE OF TILDEN WAY, THENCE ALONG LAST SAID LINE
SOUTHV',IESTERLY ALONG A NON -TANGENT CURVE CONCAVE TO THE
NORTH\-N'EST, lv"IHICHA RADIAL BEARS NORTH 52-3540" WEST TO THE RADIUS
POINT, HAVING A RADIUS OF 429.54 FEET, A CENTRAL ANGLE OF 39.05,20" AND
AN ARC LENGTI-4 OF 293.04 FEET AND SOUTH 7629"40:'WEST 376.99 FEET TO
SAID NORTHEASTERLY LINE OF BLANDING AVENUE; THENCE ALONG LAST
SAID LINE ALONG A TANGENT CURVE CONCAVE TO THE NORTHEAST- HAVING
A RADIUS OF 48.00 FEET, A CENTRAL ANGLE OF 49:72-58"AND AN ARC LENGTH
OF 41.23 FEET AND NORTH 3703341" WEST 36-79 FEET TO THE POINT OF
BEGINNING.
CONTAINING 0-759 ACRE OF LAND, MORE OR LESS.
SEE PLAT TO ACCOMPANY LEGAL DESCRIPTION V-1HICH IS ATTACHED HERETO
AND I'v-1AIDE A PART HEREOF.
END OF DESCRIPTION
THIS DESCRIPTION AND ITS ACCOMPANYING PLAT Vv ERE PREFARED BY 01R,
UNDER THE DIRECTION OF:
February 1, 2018 k �LS 6630
ALVIN LEUNGUPLS 61330 DATE
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I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City Alameda in a regular meeting
assembled on the 4th day of September 2018, by the following vote to wit:
AYES: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, Vella and
Mayor Spencer — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of
said City this 5th day of September 2018.
Lara Weisiger, City Jerk
City of Alameda
APPROVED AS TO FORM:
Janet "ern, City Attorney
City of Alameda