HomeMy WebLinkAboutReso 133-23 Vacating Right-of-Way on Croak Road and Approving a Quitclaim Deed
Reso. No. 133-23, Item 6.1, Adopted 12/19/2023 Page 1 of 3
RESOLUTION 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
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Reso. No. 133-23, Item 6.1, Adopted 12/19/2023 Page 2 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.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin finds
that:
1. 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.
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Reso. No. 133-23, Item 6.1, Adopted 12/19/2023 Page 3 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:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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EXHIBIT "A"
LEGAL DESCRIPTION
CROAK ROAD ABANDONMENT REAL PROPERTY TN 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: 905-0002-001-0 I AND 905-0002-002 END OF DESCRIPTION PREPARED BY: IAN BR CE CDONALD LICENSE LAND SURVEYOR NO. 8817 ST A TE OF CALIFORNIA IIACKAY 8c &DRIPS CML ENGINEERING•LAND PLANNING•LAND SURVE'l1NG 5142 Franl<lin Drive Suite B, Pleasanton, CA. 94588-3355 (925) 225-0690
P:\ 19343-T\SR V\Mapping\Desc\Croak Road Abandonment.doc
Exhibit A
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FALLON VILLAGE GEOLOGIC HAZARD ASA TEMENT DISTRICT DOC. NO. 20J6115709
EXHIBIT II B II FALLON VILLAGE ACACt4 PAGE 2 OF 2 £ L I u,1ZA PARTNERS I G O OGG m-1 RD LLC I PARCEL JJA'fatJ l�f'.�8 (�� AB ATEMENT DISTRICT I DOC. NO.
1 10049 �1 ;;�� DOC. NO. 2016115709 2005037867- L �--ti (R-2111 JI91_ - - - - - -+ --
FALLON VILLAGE GEOLOGIC HAZARD I ABATEMENT DISTRICT J Or Vlf.\'{ Doc. No. 2016115709 /I t'f-. 40' r.1:1 oE EOS PG. '352 I y A� I SK, 2612,I
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/ 1--� I I / /(._) If) ARROYO CAP IV -3, LLC, ACACt4
/ _J� ��I A DELAWARE LIMITED PARTNERS I I LLC LIABILITY COMPANY DOC. NO.
DOC. NO. 2023111606 12005037867
1/ � -I � ALAMEDA COUNTY RECORDS
I I
CT 8268 I I 341 M 63 I / _ _JL__� _C-fN-TR� -I � __ -1-� l_ AMENDED I I � TRACT 8198 _JI •7 fl I � �I � I ��-335 M 35 - -- Cl:l --i ,::::, _, ct)
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GH PACVEST LLC DOC. NO. 201 7130933 �
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PLAT TO ACCOMPANY LEGAL DESCRIPTION
0 300 600 1200 EXHIBIT 11 8 11
SCALE: 1 "=600' DUBLIN
CROAK ROAD ABANDONMENT
CALIFORNIA
LEGEND
DOC. NO.
10-10-202J 7:57om
BOUNDARY OF ABANDONMENT EXISTING PARCEL DOCUMENT NUMBER
fflACKAY & SOfflPS ENGINEERS PLANNERS SURVEYORS 5142B FRANKLIN DR, SUITE B PLEASANTON, CA 94588 (925)225-0690
DRAWN DATE SCALE JOB NO.
!Bl.I JAN. 2023 1'=600' 19343.00T
Ion MocOonold P:\ 19343-T\SRV\liJ\PPING\PlATS\CROAX ROAD ABAIIDONMEIH.OWG
Exhibit BDocuSign Envelope ID: C2E76610-D2AF-4784-918A-C95CC8FD425B
Exhibit C
Mail Tax Statements To: SAME AS ABOVE
-------------------------------------------------------------------------------------------------------------------------------------
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
Space Above This Line for Recorder’s Use Only
QUITCLAIM DEED
A.P.N.: 905-0002-001-01 and
905-0002-002
File No.: 0192-598563MAP (BS)
The Undersigned Grantor(s) Declare(s):
CITY TRANSFER TAX $
DOCUMENTARY TRANSFER TAX $0.00 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.
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Page 2 of 2
A.P.N.: 905-0002-001-01 and
905-0002-002
Dated: ______________________, 2023
The City of Dublin, a municipal
corporation, as successor to the
County of Alameda, a political
subdivision of the State of California
By: ________________________________
Name: _____________________________
Title: ______________________________
File No.: 0192-598563MAP (BS)
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 )SS
COUNTY OF )
On before me, , Notary Public, personally appeared
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. This area for official notarial seal.
Notary Signature
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DocuSign Envelope ID: C2E76610-D2AF-4784-918A-C95CC8FD425B
DocuSign Envelope ID: C2E76610-D2AF-4784-918A-C95CC8FD425B