The URL can be used to link to this page

Home My WebLink AboutReso 133-23 Vacating ROW on Croack Road and Approving Quitclaim DeedRESOLUTION NO. 133 — 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN VACATING RIGHT-OF-WAY ON CROAK ROAD AND APPROVING A QUITCLAIM DEED WHEREAS, TH East Ranch Dublin, LLC received various planning approvals to develop the Francis Ranch (formerly East Ranch) project site and the project tentative map and conditions of approval require Croak Road to be realigned, widened, and improved to its ultimate right-of- way width; and WHEREAS, Arroyo Cap IV-3, LLC is the land bank entity and current owner of the Francis Ranch property and is working with TH East Ranch Dublin, LLC to subdivide and develop Francis Ranch; and WHEREAS, Arroyo Cap IV-3, LLC requests the City of Dublin vacate existing Croak Road right-of-way between South Terracina Drive and Central Parkway, as described in the legal description and depicted on the plat map, attached hereto as Exhibits A and B, to facilitate development of the site; and WHEREAS, Arroyo Cap IV-3, LLC will dedicate new Croak Road right-of-way as a part of the Francis Ranch development; and WHEREAS, Section 8320, et. seq., of the California Streets and Highways Code provides for the general vacation of street right-of-way; and WHEREAS, pursuant to California Streets and Highways Code, the City Council adopted Resolution No. 82-23 initiating the vacation process by declaring its intent to vacate the portion of Croak Road right-of-way between South Terracina Drive and Central Parkway and setting a public hearing; and WHEREAS, Section 8324 of the California Streets and Highways Code authorizes the City Council to vacate street right-of-way if the right-of-way is unnecessary for present or prospective public use and is not useful as a non -motorized transportation facility; and WHEREAS, the California Streets and Highways Code requires consideration of a general plan, including by the Planning Commission, if a proposed vacation is within a general plan area; and WHEREAS, the City Council adopted Resolution No. 125-16 exempting certain minor dispositions and acquisitions of real property or interests in real property from required report to the City Council by the Planning Commission as to their General Plan consistency, including dispositions for street alignment projects; and WHEREAS, the subject right-of-way vacation is minor in nature and for a street alignment purpose and therefore exempt from the requirement that the Planning Commission report to the City Council as to the General Plan conformity; and Reso. No. 133-23, Item 6.1, Adopted 12/19/2023 Page 1 of 3 WHEREAS, Section 8355(a) of the California Streets and Highways Code authorizes the City Council to sell or exchange City property previously subject to a street, highway, or public service easement, and is no longer needed by the public, in the manner, and upon the terms and conditions, approved by City Council; and WHEREAS, a Quitclaim Deed has been prepared which quitclaims the former public right- of-way on Croak Road to Arroyo Cap IV-3, LLC; and WHEREAS, pursuant to Government Code Section 54221(f)(1)(E) the property qualifies as "exempt surplus land" because it is a former right-of-way and is being conveyed to an owner of an adjacent property. that: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin finds The portion of Croak Road right-of-way between South Terracina Drive and Central Parkway, located within the City of Dublin, Alameda County, California, is unnecessary for present or prospective public use and is not useful as a non -motorized transportation facility because the Francis Ranch project will dedicate a wider Croak Road right-of-way. 2. All public utility agencies and companies providing service in the project area have been notified about the proposed vacation and have not objected to the proposed vacation. 3. The vacation of the right-of-way is in conformance with the City's General Plan pursuant to Section 65402 of the Government Code. 4. The proposed vacation of the right-of-way is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to Title14 California Code of Regulations, CEQA Guidelines Section 15301, Existing Facilities. BE IT FURTHER RESOLVED that based on the findings made and the above provisions of the Streets and Highways Code, the City Council hereby order the vacation of the portion of Croak Road right-of-way between South Terracina Drive and Central Parkway, as shown on Exhibits A and B. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit a certified copy of this resolution to be recorded in the office of the County Recorder of Alameda. BE IT FURTHER RESOLVED that said Quitclaim Deed, as shown on Exhibit C, is hereby approved. BE IT FURTHER RESOLVED that the City Manager, or designee, is hereby authorized to take any and all further actions to effectuate the vacation and quitclaim of the right-of-way, including the execution of said Quitclaim Deed. Reso. No. 133-23, Item 6.1, Adopted 12/19/2023 Page 2 of 3 PASSED, APPROVED AND ADOPTED this 19th day of December 2023, by the following vote: AYES: Councilmembers Hu, Josey, McCorriston, Qaadri and Mayor Hernandez NOES: ABSENT: ABSTAIN: ATTEST: M"-'�A WtZZ1C__ City Clerk 6+. Mayor Reso. No. 133-23, Item 6.1, Adopted 12/19/2023 Page 3 of 3 EXHIBIT "A" LEGAL DESCRIPTION CROAK ROAD ABANDONMENT REAL PROPERTY IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING THE ENTIRETY OF CROAK ROAD AS DESCRIBED IN BOOK 2612, OF DEEDS AT PAGE 352, ALAMEDA COUNTY RECORDS WITHIN THE BOUNDARY OF THE LANDS OF ARROYO CAP IV-3, LLC, A DELAWARE LIMITED LIABILITY COMPANY AS DESCRIBED IN DOCUMENT NUMBER 2023111606, ALAMEDA COUNTY RECORDS. SEE PLAT, "EXHIBIT B", TO ACCOMPANY LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. APN: 905-0002-001-01 AND 905-0002-002 END OF DESCRIPTION PREPARED BY: �E MACOG,f,L J a No.8817 j0 o !b !b A3 IAN BR CE CDONALD * DATE LICENSE LAND SURVEYOR NO. 8817 P STATE OF CALIFORNIA OF CAAo��\ MACKRY&SOMPS CML ENGINEERING LAND PLANNING OLAND SURVEYING 5142 Franklin Drive Suite B, Pleasanton, CA. 94588-3355 (925) 225.0690 P:\ 19343-11SRV\dapping\Dcsc\Croak Road Abandonment.doc FALLON VILLAGE EXHIBIT "B" ACACIA GEOLOGIC HAZARD PAGE 2 OF 2 FALCON VILLAGE PARTNERS I ABATEMENT DISTRICT GEOLOGIC HAZARD LLC DOC. NO. 2016115709 PARCEL AMP { � TRAC 11 810� ABATEMENT DISTRICT DOC. NO. 2016115709 I DOC. NO. ' 10049 �L 323 M 84 2005037867 1 fR-2I1� FALLON VILLAGE GEOLOGIC HAZARD ABATEMENT DISTRICT DOC. NO. 2016115709� m� I Ica to �m / J i /w, m� �kv) TRACT 8268 341 M 63 _ CENTRAL PARKWAY AMENDED TRACT 81981 - - 335 M 35 GH PACVEST LLC DOC, NO. 2017130933 EX. 40' RIGHT OF WAY 0 '1 rE RECORDS-- By. 2612,ORD GH PACVEST LLC DOC. NO. 2017049324 Q0 II 0 300 600 1200 SCALE: 1 "=600' LEGEND BOUNDARY OF ABANDONMENT EXISTING PARCEL DOC. NO, DOCUMENT NUMBER ARROYO CAP IV-3, LLC, ACACIA A DELAWARE LIMITED PARTNERS l LLC LIABILITY COMPANY DOC. NO. DOC. NO. 2023111606 12005037857 ALAMEDA COUNTY RECORDS — — — LID na Z ¢ o �rn 0.z m I 410 Is PLAT TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT "B" CROAK ROAD ABANDONMENT MACKAY & comps ENGINEERS PLANNERS SURVEYORS 5142E FRANKLIN DR, SUITE B PLEASANTON, CA 94588 (925)225-0690 10-10-2023 23Iam Ion MocDonold Rom RECORDING REQUESTED BY: First American Title Company MAIL TAX STATEMENT AND WHEN RECORDED MAIL DOCUMENT TO: ARROYO CAP IV-3, LLC, a Delaware limited liability company 18575 Jamboree Rd, Suite 350 Irvine, CA 92612 Space Above This Line for Recorder's Use Only QUITCLAIM DEED A.P.N.: 905-0002-001-01 and File No.: 0192-598563MAP (BS) 905-0002-002 The Undersigned Grantor(s) Declare(s): CITY TRANSFER TAX $ DOCUMENTARY TRANSFER TAX $0.00 R&T Code 11911 - Consideration is less than $100.00 SURVEY MONUMENT FEE $ [ ] computed on the consideration or full value of property conveyed, OR [ ] computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, [ ] unincorporated area; [ X ] City of Dublin. and SURVEY MONUMENT FEE $ FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of Dublin, a municipal corporation, as successor to the County of Alameda, a political subdivision of the State of California hereby remise, release and forever quitclaim to ARROYO CAP IV-3, LLC, a Delaware limited liability company the following described property in the City of Dublin, County of Alameda, State of California: Legal Description and Plat Map are attached hereto as Exhibit "A" and Exhibit "B". This Quitclaim Deed is being recorded to relinquish all right, title and interest in and to a portion of Croak Road as conveyed to the County of Alameda in the Grant Deed recorded in Book 2612, Of Deeds at Page 352, Alameda County Records, as described in Exhibit "A" and depicted in Exhibit "B" attached hereto. Mail Tax Statements To: SAME AS ABOVE A.P.N.: 905-0002-001-01 and 905-0002-002 Dated: lDeLelM�Xr II , 2023 The City of Dublin, a municipal corporation, as successor to the County of Alameda, a political subdivision of the State of California 'Wuo- 14L A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CA `t o V-n % 0, )SS File No.: 0192-598563MAP (BS) COUNTY OF K\C��C,, ) On D2.uYVILbey - LI , 2023 before me, MQ1^,Sha LziAlSQ bCNr: , Notary Public, personally appeared L-i VVAA _ %-,A tin who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Signature This area for official notarial seal. MARSHA LOUISE MOORE Notary Public - California ' Alameda County Commission N 2339618 My Comm. Expires Dec 8, 2024 Page 2 of 2 19343.00T 10/1.0/2023 Page Iof2 EXHIBIT "A" LEGAL DESCRIPTION CROAK ROAD ABANDONMENT REAL PROPERTY IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING THE ENTIRETY OF CROAK ROAD AS DESCRIBED IN BOOK 2612, OF DEEDS AT PAGE 352, ALAMEDA COUNTY RECORDS WITHIN THE BOUNDARY OF THE LANDS OF ARROYO CAP IV-3, LLC, A DELAWARE LIMITED LIABILITY COMPANY AS DESCRIBED IN DOCUMENT NUMBER 2023111606, ALAMEDA COUNTY RECORDS. SEE PLAT, "EXHIBIT B", TO ACCOMPANY LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. APN: 905-0002-00 1 -01 AND 905-0002-002 END OF DESCRIPTION PREPARED BY a No.8817 � Q 10 IAN BR CE CDONALD * * DATE STATE OF CALIFORNIADSURVEYOR NO. $817 ORNIA sTq�F of CAt-tf�?\P MACIf mo "T & somps CML ENGINEERING LAND PLANNIRG LAND SURE NG 5142 Franklin Dive Suite B, Pleasanton, CA. 945BO-3355 (925) 225-0690 P:\19343-nSRV\Mapping\Desc\Croak Road AUandonment.doc FALLON VILLAGE EXHIBIT "B" ACACIA GEOLOGIC HAZARD FALLON VILLAGE ABATEMENT DISTRICT PAGE 2 OF 2 GEOLOGIC HAZARD PARTNERS 1 LLC DOC, NO, 2015115709 ( PARCEL AMP TRACT 81D ABATEMENT DISTRICT I DOC NO, 1 1004-9 323 M 64� DOC. NO. 2015115709 2005037867 FALLON VILLAGE LA E GEOLOGIC HAZARD ABATEMENT DISTRICT pr WAY DOC, NO. 2015115709 EX 4p ` RIGy�S PG 352 p l I By'. 2612, OF p R CORDS ALAhyEpA pppNTY I _ IA ARROYO CAP IV 3, LLC, ACAC A DELAWARE LIMITED (PARTNERS I LLC LIABILITY COMPANY DOC, No, DOC. NO, 2023111606 I2005037357 ,^ d ALAMEDA COUNTY RECORDS m::� t' I - � p.; TRACT 8263 I I-- 341 M 63 _ CENTRAL PARKWAY AMENDE�..D I I TRACT 81 8— — M 335 35 o � u GH PACV S E T LLC GH FACVEST LLC DOG. N0. 2017130933 DOC. NO. 2017049324 13 � C) I Q �9 0 300 600 1200 SCALE: 1 "= 600' LEGEND BOUNDARY OF ABANDONMENT EXISTING PARCEL DOC. NO, DOCUMENT NUMBER 1 PLAT TO ACCOMPANY LEGAL DESCRIPTION I EXHIBIT "B" CROAK ROAD ABANDONMENT CALIFORNIAI MACMY&SOMPS ENGINEERS PLANNERS SURVEYORS 51428 FRANKLIN DR, SUITE B PLEASANTON, CA 94588 (925)225-0690 DRAWN DATE I SCALE JOB N0. IBM JM 2023 1 1"=600' 19343,OOT 10-10-2023 7:57am Ion MacDonald ROAD AWIDONMENT.DI4O