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HomeMy WebLinkAbout4.05 SumVacatePAETr7148CITY CLERK #670-40 AGENDA STATEMENT CZTY COUNCZL MEETZNG DATE: April 16, 2002 SUBJECT: Approval of Summary Vacation for Public Access Easements (P.A.E.) Encumbering Parcels 4, 5, and 6, and for Public Service Easements (P.S.E) Encumbering Parcels 2, 4, 5, and 6 of Tract 7148 (Dublin Ranch, Area G) Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) 2) 3) Resolution Approving Summary Vacations of Public Access Easements (P.A.E.) and Public Service Easements (P.S.E.) Easement Quitclaim Deed (City of Dublin to Toll-Dublin LLC, a California Limited Liability Company) Location Map RECOMMENDATION:/,7 i t~Adopt Resolution Approving Summary Vacations of Public Access /5\6/11 v Easements (P.A.E.) and Public Service Easements (P.S.E.) FINANCIAL STATEMENT: No financial impact to the City will result from the recommended action. DESCRIPTION: The subject Public Access Easements and Public Service easements were originally reserved or dedicated on the Final Map for Dublin Ranch Tract 7148 (Area G). Public Access Easements were intended to allow construction of 1 O'-wide multi-use public trails extending between Central Parkway and Dublin Boulevard, flanking the future Village Centeri In addition, the Public Service Easements were intended to allow construction and maintenance of underground utilities and streetlight facilities along the public street frontages. While processing the Tentative Map and Site Development Review applications for Neighborhoods MH-1, MH-2, H-1, and H-2, Staff noted that portions of the existing easements would conflict with proposed buildings on Parcels 2, 4, 5, and 6 of Tract 7148. After examining the locations of the buildings in relationship to the easements, Staff determined that adjusting the easement widths to accommodate the buildings would be appropriate given the following facts: Only the 8'-wide portion of each P.A.E. across Parcels 4, 5, and 6 conflicted with the buildings; the remaining 19.5'-wide P.A.E.'s across Parcel 3 could be retained to accommodate the 1 O'-wide multi-use trail. Underground utilities along the street frontages have already been constructed within the public right-of-way. Specific P.S.E.'s for utilities that extend outside of the rights,of-way to serve each of the four neighborhoods will be dedicated on the pending neighborhood Final Maps. G:\DEVELOP\Dublin RanchLAreas F-G-I-tL~ea G Tract 7148\agst pae & pse abandon.doc COPIES TO: Rick Nelson, Toll Brothers ITEM NO. Because no public improvements have been installed in the easement areas, Staff has determined that these easements can be summarily vacated and replaced, if necessary, when the Final Maps for the pending neighborhoods are processed. Although the Eastern Dublin General Plan/Specific Plan Amendment processed for Area G discusses the creation of multi-use trails to frame the Village Center, together with 8'-wide Public Utility Easements on each side of arterial and collector streets, Staff has determined that the adjustments to the easements are not inconsistent with the Plan Amendment. The remainder of the easements within Tract 7148 will remain in full force and effect for the original purpose for which they were dedicated. The developer, Toll-Dublin LLC, a California Limited Liability Company, has prepared the required Easement Quitclaim Deed for execution by the Mayor to memorialize this Summary Vacation. Staff recommends that the City Council adopt the Resolution summarily vacating the Public Access Easements that encumber Parcels 4, 5, and 6 and Public Service Easements that encumber Parcels 2, 4, 5, and 6 of Tract 7148. Page 2 RESOLUTION NO. - 02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN SUMMARILY VACATING PUBLIC ACCESS EASEMENTS ENCUMBERING PARCELS 4, 5, AND 6 AND PUBLIC SERVICE EASEMENTS ENCUMBERING PARCELS 2, 4, 5, AND 6 OF TRACT 7148 (STREETS AND HIGHWAYS CODE CHAPTER 4) WHEREAS, 8'-wide Public Access Easements (P.A.E.) were reserved on the Final Map for Tract 7148 (Book 257 of Maps, at Pages 3 to 7) across Parcels 4, 5, and 6 and subsequently granted to the City via an Easement Grant Deed recorded on February 16, 2001 as Series No. 2001060792; and WHERAS, 10'-wide Public Service Easements (P.S.E.) were dedicated to the public across Parcels 2, 4, 5, and 6 of Tract 7148 (Book 257 of Maps, at Pages 3 to 7); and WHEREAS, no public improvements have been installed within the easement areas; and WHEREAS, replacement easements will be granted, if necessary, with the pending Final Maps for Tracts 7324 (Dublin Ranch Neighborhood MH-1), 7325 (Neighborhood MH-2), 7326 (Neighborhood H- 1), and 7327 (Neighborhood H-2), in a manner consistent with the Tentative Maps for said tracts approved by the Planning Commission as Resolution Nos. 02-05, 02-04, 02-03, and 02-06, respectively; and WHEREAS, after considering the City's Eastern Dublin General Plan/Specific Plan Amendment processed for Dublin Ranch Area G, the City Council finds that modifying easements to avoid conflicts with building structures is not inconsistent with the Eastern Dublin Specific Plan requirements, and these easement abandonments are therefore not inconsistent therewith; and WHEREAS, it is to the benefit of the City to vacate said easements as provided in Chapter 4 of the Streets and Highways Code; NOW, THEREFORE, BE IT RESOLVED that the 8'-wide Public Access Easements (P.A.E.) across Parcels 4, 5, and 6, and the 10'-wide Public Service Easements (P.S.E.) across Parcels 2, 4, 5, and 6 of Tract 7148, as more particularly described on the Easement Quitclaim Deed attached hereto, are-no longer necessary, and are hereby summarily vacated, while the remaining P.A.E. and P.S.E. within said Tract 7148 remain in full force and effect. BE IT FURTHER RESOLVED that the City Council hereby directs and authorizes the Mayor to execute the Easement Quitclaim Deed. Page 1 BE IT FURTHER RESOLVED that the City Clerk shall assure that the executed Easemem Quitclaim Deed, along with a certified copy of this Resolution attached, is transmitted to the County Recorder for recording. PASSED, APPROVED AND ADOPTED this 16th day of April, 2002. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk G: IDEVELOP~Dublin Ranchblreas F-G-ttMrea G Tract 71481reso pae & pse abandon, doc Page 2 RECORDING REQUESTED BY: Chicago Title Company Order Nos. 5166A0000-RK, 5167A0000-RK, 5168A0000-RK, & 5169A0000-RK. WHEN RECORDED MAIL TO: Toll-Dublin, LLC 100 Park Place, Suite 140 San Ramon, CA 94583 Att.: Jon Paynter MAIL TAX STATEMENTS TO: Same as Above APN 985-9-4-3 (portions). (Space above this line is for Recorder's Use) EASEMENT QUITCLAIM 'DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF DUBLIN, a Municipal Corporation does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to Toll-Dublin, LLC, a California limited liability company THIS QUITCLAIM DEED IS BEING RECORDED TO EXTINGUISH: 1.) THE PUBLIC ACCESS EASEMENT ("P.A.E.") AS SHOWN OVER PARCELS 4, 5 AND 6 OF TRACT 7148, AS FILED ON FEBRUARY 14, 2001, IN BOOK 257 OF MAPS, PAGES 3 THROUGH 7, INCLUSIVE, AND'AS ALSO GRANTED IN THAT CERTAIN EASEMENT GRANT DEED, AS RECORDED ON FEBRUARY 16, 2001, SERIES No. 2001060792, ALAMEDA COUNTY RECORDS. 2.) THE PUBLIC SERVICE EASEMENT.("P.S.E.") AS SHOWN OVER PARCELS 2, 4, 5 AND 6 OF TRACT 7148, AS FILED ON FEBRUARY 14, 2001, IN BOOK 257 OF MAPS, PAGES 3 THROUGH 7, INCLUSIVE, ALAMEDA COUNTY RECORDS. CiTY OF DUBLIN JANET LOCKHART, MAYOR (Notary Acknowledgement Attached) ACKNOWLEDGMENT: STATE OF CALIFORNIA ) SS. COUNTY OF ALAMEDA ) ON 2002, BEFORE ME , 'PERSONALLY APPEARED JANET LOCKHART PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN HIS AUTHORIZED CAPACITY, AND THAT BY HIS SIGNATURE ON THE INSTRUMENT THE PERSON, OR ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT. SIGNATURE (This area for official notarial seal) ~=~-z~'l 1'~ ~675.56' , o~ TOP ¢x¢ BND~.e ~cE c0R. (R-~). N~'35'3~E NB~27'O~W . ~ON 8817 OF ~E ~ND SU~O~' O~ SU~ C~ 27, ZO~ 3. ~ R=2939' ~43 w 2828' N81°O6'54-'~W ~ R=3061' /,=03°17'32" ~ . _1125.10.', N88"51'.! '~UDLJN LAND COM.PAN~' SERIES No. 83-182775 PARCEL Ro, 2 ~ st~q' PARCEL 4 r~ J-JJ-\ l\t G ~U--© LJJ~J $_Rl.r..$ No.85-1504 94 N00~32'58" £ 2562.29'. BNDY. PARCEL 7 LOT UNF ADJUSTMENT P,A.E. TO BE VACATE PARCEL 2 PARCEL 5 , i REFERENCES: , J R-10.F.N. OF THE G.LO. SURVEY OF THE TOWNSHIP PERIUEIE~ ~ PARCEL 6 RI[SULTAN' LOT LINE., No, 'L- SERJE$ No. A=21: L=17~ PAECE (66.391 SEE (;~ 173.07' · RANCHO, SANTA ~.~5~.3~' ' i,i.c.o s~. ~ P.S.E. TO BE VACATED -'-_ BK. 22 R;O,S., ~ 39 & 40, AL~EI~ ~l~Nl~. R-4 TRACT 6925, RL.B) dULY 16, 1998, BI(. 241 OF MAPS; PGS. 39-52, N.A~I~A COUh'IY. R''-5 TRACt 6960, RLED APRIL 7, 1999, BI(. 242 OF MAPS, ~ ~. 85-95, .,,z.,,~ coumY. ~ R..-6 TEACT 6959, RLED dUNE 2, 2000, BK. 251 OF IvlAPS, ' PGS. 39-43, /V~.~IEI~ COUNTY. ?ASSAJAI~ TRACT 7148 LOCATION MAP .... ~ ~I~ ,~ ~.vr., ,v' PT&: T ~ ~ ~ ~ · - /" '98' ~ ~ ~- . ~A~ OF~RN~ DUBLIN RANCH AREA G ~ ~.ZV - ' , ~ ' ~ I _ ~ I~.~U E~U?. ~ ' g 4.16' BND~. ~.s~ss, PG.~7 ?+ .......................... J L O~glOg, r~.~/ . i~._~