08/26/2018
For Immediate Release: City Council to Consider Taking Possession of Abandoned Union Pacific Right of Way
We received the following Press Release regarding the strip of Union Pacific Railroad owned land on the South edge of the Jean Sweeney Open Space Park.
PRESS RELEASE
August 24, 2018
FOR IMMEDIATE RELEASE
Contact:
Sarah Henry, Public Information Officer
510-747-4714
City Council to Consider Taking Possession of Abandoned Union Pacific Right of Way
At its September 4, 2018 meeting, the Alameda City Council will consider taking action to acquire abandoned Union Pacific (UP) railroad properties in two locations, Tilden Way and Jean Sweeney Open Space Park, in order to be able to fully implement the City’s planned park, open space, multi-use trail, and transportation infrastructure projects. The action, done via eminent domain, would also allow the City to maintain the properties at the level that the community desires.
Tilden Way
Two parcels are located along Tilden Way, between the Miller-Sweeney (Fruitvale) Bridge and Clement Avenue. While under UP ownership, the condition of these properties has been a source of community concern regarding the level of maintenance. The City now has grant funding to design and implement the Cross Alameda Trail Clement Avenue East Extension (Tilden Way Project), which would build this long-planned multi-modal facility, the most easterly segment of the Cross Alameda Trail, on the parcels currently owned by UP. The project will transform the street from former industrial railroad blight to a best-practices multi-modal gateway, and provide a safe and convenient walking and biking connection to the Miller-Sweeney Bridge, which connects into Oakland and the Fruitvale BART Station.
Since UP abandoned its right-of-way, the City has made numerous unsuccessful attempts to negotiate to purchase the property without use restrictions. At the September 4, 2018 Council meeting, staff is recommending that the City Council adopt a resolution of necessity to condemn the needed parcels for the Tilden Way Project. An eminent domain acquisition would allow the City, if it wishes, to take possession of the property within several months, even while the acquisition process proceeds. Staff is also recommending that the City Council seek an order for prejudgment possession. If it does, a court date will be set (at least 60 days after the motion filing date) to determine if the City will be allowed to take prejudgment possession. The City will notify the community once the court date is scheduled, should any community members wish to attend.
If the City is successful in possessing the property, it would immediately begin maintaining it regularly and begin evaluating the extent of the soil contamination to determine remediation needs and costs.
Jean Sweeney Open Space Park
The Jean Sweeney Open Space Park is a planned 25-acre park bounded by Constitution Way, Atlantic Avenue, and Sherman Street on predominantly former Alameda Beltline Railroad property. The City of Alameda needs to acquire four remnant UP parcels to complete major public access components of the Sweeney Park Project. Without the remnant parcels, a significant portion of the neighborhood south of Jean Sweeney Park will be cut off from direct public access and the gateway to the Cross Alameda Trail at Constitution Way will not be completed to national “best practice” standards for pedestrian and bicycle access and safety. Like the Tilden Way parcels, the City has made numerous attempts to negotiate with Union Pacific regarding value, the amount of property to be acquired, and the allowable use of the property as a park, and has not been able to reach agreement. At the September 4, 2018 City Council meeting, staff is recommending that the City Council acquire from Union Pacific the needed 2.8 acres of property for the Sweeney Park Project via eminent domain.
For more background information, please see the following web pages:
City Council Agenda for September 4, 2018: https://alamedaca.gov/agendas
Clement Ave/Tilden Way Project web page:
https://alamedaca.gov/public-works/clement-ave-extensiontilden-way
(To receive updates on the project, which will begin public outreach by early 2019, please provide your contact information via the project web page.)
Jean Sweeney Open Space Park web page:
https://alamedaca.gov/recreation/projects/jean-sweeney-open-space-park
The staff report for the Sept. 4th City Council agenda item Item 6D can be found at this address:
https://alameda.legistar.com/LegislationDetail.aspx?ID=3626429&GUID=501863B4-A605-4175-800D-4D75F03A395E&FullText=1
