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Home My WebLink AboutReso 147-06 Dougherty Rd Improvements Parcel D RESOLUTION NO. 147 - 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* FINDING THAT PARCEL "D" IS AN UNECONOMIC REMNANT PARCEL, DECLARING THIS PARCEL SURPLUS, AND AUTHORIZING SALE OF PARCEL "D" WHEREAS, it is necessary for the City of Dublin to widen and improve the intersection of Dublin Boulevard and Dougherty Road as part of Capital Improvement Program Project No. 96852, Dougherty Road Improvements - Houston Place to 1-580; and WHEREAS, as part of the right-of-way negotiations with the owner of the parcels at 6363 through 6451 Scarlett Court for the City's purchase of portions of those parcels, the City needs to agree to sell to the adjacent property a small remnant parcel of land; and WHEREAS, this adjacent parcel, designated as Parcel "D", is a small (1,193 square feet) parcel left over from the property formerly known as "The Dublin Boat House" acquired to extend Dublin Blvd. east of Dougherty Road to the eastern expanding environs of Dublin; and WHEREAS, no utilities have been placed in this Parcel "D" and the City has no other use for the property; and WHEREAS, the adjacent property owner desires to add this parcel to his proposed development and has agreed to pay $40.65 per square foot for the Parcel "D" which amount is the same per square foot cost that the adjacent owner paid for the acquisition of the adjacent parcel; and WHEREAS, the City's Municipal Code allows the City Manager to sell a parcel that is an uneconomic remnant which is not buildable and cannot be utilized on its own under current zoning without advertising for bids, with City Council approval to an adjacent property owner; NOW, THEREFORE, BE IT RESOLVED that the City Council declares that Parcel "D" (at the southeast comer of Dublin Blvd. and Scarlett Court) is surplus and finds that Parcel "D" is an uneconomic remnant parcel that cannot be utilized on its own under current zoning. BE IT FURTHER RESOLVED that the City Council approves the sale of Parcel "D" to the adjacent property owner, KBH Investments, LLC, at a per square foot price of $40.65 and a total price of $48,495.00. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign the Quit Claim Deed on behalf of the City of Dublin. PASSED, APPROVED AND ADOPTED this 1 st day of August, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart None None None ATTE~ v Clt Clerk RECORDING REQUESTED BY AND. CITY OF DUBLIN WHEN RECORDED MAIL TO: CITY OF DUBLIN City Clerk 100 Civic Plaza Dublin, CA 94568. No Fee Required Govt. Code S 27383 APN: 941-0550-010-20 SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned Grantor hereby declares this instrument to be EXEMPT from Recording Fees (Gov. Code S 27383) and Documentary Transfer Tax. (Rev. & Tax. Code S 11922). QUITCLAIM DEED The City of Dublin, a municipal corporation ("CITY"), does hereby release and quitclaim to KBH Investments LLC, a California limited ,liability company e:KBH"), all right, title. and interest in and to all that real property in the City of Dublin, County of Alamed~ State of California, described herein as: Parcel D, as described in Exhibit A and depicted on Exhibit B attached hereto and incorporated by reference hereto. Subject to special assessments if any,'restrictions, reservations and easements of record RESERVING UNTO CITY a non':'exc1usive temporary easement for construction purposes only, and all incidents related thereto, including, but not limited to, the construction of improvements . (the "Temporary Easement"), over and across said Property as described in Exhibit A-I and depicted on Exhibit B-1 hereto and incorporated by this reference. This construction easement is granted solely.in connection with the construction on the Property in accordance with construction plans approved by Grantor (the "Project"). This Temporary Easement shall automatically expire upon the earlier to occur of (2) two years after the recordation of this Quitclaim Deed or (2) the completion of the Project. CITY shall indemnify, protect, defend and hold harmless KBH against all claims, damages, losses, and expenses, arising out of the performance of the work descnoed herein, caused in . whole or in part by any negligent act of omission of CITY, its contractors, and their respective employees and agents, except where caused by the negligence, or willful misconduct of the KBH or other third party. IN,....WIirNESS WHE ~ day of GRANTOR: CITY OF DUBLIN ( ATTEST ByiJ~~~ . t=owVt ~ W\OJ.t, ~ Uex~ By GRANTEE: KBH INVESTMENTS LLC hereby agrees to the terms and conditions set forth above. KENNTH C. HARVEY, Manager CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~-""h~~~ State of California County of W. ~CJ.-,) On ~ ~~, before me, personally appeared l\Il,l, u ~OnallY known to me 1. -~2:,,-t i _ . NotarY PubIC . (;aIItOR'lIa s ~ · AIam8CIa eountv i .1 . Myeomm._~oe:9.:.~ ------. []..pro,.eel to "it:: UII U 11::1 basIs or satisfactory eVlaence 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. WITN Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: . Top of thumb here Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer Is Representing: 0's~~~~~~;x,.~~~~~~~~ @2004National Notary Association. 9350 De Soto Ave., P.O. Box 2402. Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 FEE ACQUISITION APN No. 941-0550-010-20 Exhibit "A" All that real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of PARCEL A-3, described in that certain document recorded on March 10, 1993 in Document No. 93-084406, Alameda County Records, more particularly described as follows: BEGINNING at the intersection of the easterly line of said PARCEL A-3 and the southeasterly right-of-way line of Dublin Boulevard; Thence along said easterly line, South 01012'59" West 13.99 feet to the TRUE POINT OF BEGINNING; Thence leaving said easterly line, South 57008'06" West 21.39 feet to the beginning of a curve to the left, having a radius of 22.00 feet, Thence along said curve, through a central angle of 13001'06", an arc length of 5.00 feet to the beginning of a non-tangent curve, having a radius of 50.00 feet, to which point a radial line bears North 73040' 18" West; Thence southerly and southeasterly along said curve, through a central angle of 43033'21", an arc length of 38.01 feet; Thence South 32040'26" East 30.85 feet to said easterly line of PARCEL A-3, Thence along said easterly line North 01012'59" East 77.69 feet to the TRUE POINT OF BEGINNING. Containing an area of 1,193 square feet, 0.03 acres more or less. A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit "B" Dated: 5... 20 - 0;' Exhibit "A" Page 1 of 1 ./ FEE ACQUISITION BASIS OF BEARINGS THE BEARING N 32.48'00" WEST, THE MONUMENT LINE ON DOUGHERTY ROAD, BETWEEN FOUND MONUMENTS AS SHOWN ON THE MAP ENTITLED "PARCEL MAP 1043" FILED FOR RECORD ON SEPTEMBER 28, 1973 AND RECORDED IN BOOK 80 OF PARCEL MAPS AT PAGE 29, IS USED AS THE BASIS OF BEARINGS FOR THIS PLAT. / LEGEND APN - ASSESSOR PARCEL NUMBER BOW - BACK OF WALK EX - EXISTING O.R. - OFFICIAL RECORDS P.O.B. - POINT OF BEGINNING (R) - RADIAL ROW - RIGHT-OF-WAY sq. ft. - SQU ARE FEET T.P.O.B. - TRUE POINT OF BEGINNING \ ~I ~ -0 't I ~~~~O ~~ ~.~. ~ . O\~ ,.. 'Q (1l I~ \: ~ WOHLROSS ASSOCIATES APN: 941-550-10-22 DOC# 91-312613 6500 SCARLETT COURT REFERENCES CD 18 M 90-91 Bkf ~ ,...._,P~ K.'Sur01'Ol6002\Dwa\tll..<ts'CITY PARCEL i,awa 5/20/2005 8.16126 AM PDT <J~'?;>'$ ~~<J O~V ~ LANDS OF D. MICHAEL NOHR 88-300237 APN: 941-550-012-11 'i...!3'40'18" -...:.. ~ (IT) LINE L1 LINE TABLE BEARING S 01.12'59" W LENGTH 13.99' CURVE C1 w Ol 10 N ..- 5 z PARCEL 1 1 ,193 sq. ft. :J: 0.03 acres :J: LANDS OF THE CITY OF DUBLIN PARCEL A-3 93-084406 APN: 941-550-010-20 I I I I -~ ~ "t 6b~ ~ ~'to) co r...: " o ? ~. ~'O.\ ~ ~ \ ~~ \ -t-/- ~ ~lf. 1".A. 1f9~ \ ~~ ?~ \ o 4780 CHABOT'DRIVE SUITE 104 PLEASANTON, CA 94588 925-396-7700 925-396-7799 (FAX) Subject EXHIBIT "B" . DUBLIN BLVD.-DOUGHERTY RD. WIDENING Job No. 20016002 By RL Date OS/20/05 Chkd.RLH SHEET 1 OF 1 / tr .... ~ LENGTH 5.00' TEMPORARY CONSTRUCTION EASEMENT APN No. 941-0550-010-20 Exhibit "A-l''' All that real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of PARCEL A-3, described in that certain document recorded on March 10, 1993 in Document No. 93-084406, Alameda County Records, more particularly described as follows: BEGINNING at the intersection of the easterly line of said PARCEL A-3 and the southeasterly right-of-way line of Dublin Boulevard; Thence along said easterly line, South 01012'59" West 13.99 feet to the TRUE POINT OF BEGINNING; Thence leaving said easterly line, South 57008'06" West 21.39 feet to the beginning of a curve to the left, having a radius of 22.00 feet, Thence along said curve, through a central angle of 13001 '06", an arc length of 5~00 feet to the beginning of a non-tangent curve, having a radius of 50.00 feet, to which point a radial line bears North 73040' 18" West; Thence southerly and southeasterly along said curve, through a central angle of 430~3 '21", an arc length of 38.01 feet; Thence South 32040'26" East 30.85 feet to said easterly line of PARCEL A-3, Thence along said easterly line North 01012'59" East 17.93 feet; Thence leaving said easterly line, North 32040'26" West 27.53 feet to the beginning of a curve to the right having a radius of 12.00 feet; Thence along said curve, through a central angle of 89048'32", an arc length of 18.81 feet; Thence North 57008'06" East 14.63 feet to said easterly line of PARCEL A-3; Thence along said line North 01012'59" East 12.07 feet to TRUE POINT OF BEGINNING Containing an area of 698 square feet, 0.02 acres more or less. Exhibit "A-I" Page 1 of 2 A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit "B" This description was prepared by me or under my direction in conformance with the Professional Land Surveyors Act. Dated: 5 - 20 -05 Exhibit "A-I" Page 2 of2 TE~ORARY CONSTRUCTION EASEMENT / BASIS OF BEARINGS LEGEN D THE BEARING N 32'48'00" WEST, THE MONUMENT APN - ASSESSOR PARCEL NUMBER LINE ON DOUGHERTY ROAD, BETWEEN FOUND BOW - BACK OF WALK MONUMENTS AS SHOWN ON THE MAP ENTlllED EX - EXISTING "p ARCEL MAP 1043" FILED FOR RECORD ON O.R. - OFFICIAL RECORDS SEPTEMBER 28, 1973 AND RECORDED IN BOOK 80 P.O.B. - POINT OF BEGINNING OF PARCEL MAPS AT PAGE 29, IS USED AS THE (R) - RADIAL \~ LO BASIS OF BEARINGS FOR THIS PLAT, ROW - RIGHT-OF-WAY <'\V~':.~~~ sq. ft. - SQUARE FEET v ~ T.C.E. - TEMPORARY CONSTRUCTION OVV EASEMENT ~ T.P.O.B. - TRUE POINT OF BEGINNING t...~ t~ .. ~ LANDS OF D. MICHAEL NOHR 88-300237 APN: .941-550-012-11 ~I \1 9, ~ :.Gl.<?o I I ~~ ~.~. ~ I cP~ , "'"~ . ~ _ 'b~ /'v<' "\\. T.C.E. / ~ " 698 sq. ft. :t I 0.02 acres :!: rC3 '" PROPOSED \ \ "'" BOW ~ \ "--- \ ~l ~ ~ ~ 'b.:~7..'\/ ro'Y- ;/" ~ ~ ~ ~ \;;"o~ \ ~~ \ LINE TABLE BEARING S 01i2'59" W N 01i2'59" E N 57'OB'06" E N 01i2'59" E CURVE TABLE RADIUS DELTA 22.00' 13.01'06" 50.00' 43'33'21" 12.00' 89'48'32" N 73' ~ 40'18" -...:. ~ (F?) LEN GTH 13.99' 17.93' 14.63' 12.07' LINE L1 L2 L3 L4 LENGTH 5.00' 38.01' 18.B1' CURVE C1 C2 C3 LANDS OF THE CITY OF DUBLIN PARCEL A-3 93-B4406 APN: 941-550-010-20 '-b"O. .- - ~ - - 'Q! t \ /I" \ " ~ ~~~ /' ~ ~ \. <S>o~ I \/ I -<) ~ ,~~~ '\- ~ +~ ~. ::l \1 19~ o~ ~ 0>)1" I 'O~ L_ I I I I _-.J ~ -0.' ~%\ ~,)\ <<' -%- \ ~I.f. "1 ~ ~'P ~~\ ,?<<' 0- $''2:0,05 \ Sub' ect Exhibit "B-1" DUBLIN BLVD.-DOUGHERTY RD. WIDENING Job No. 20016002 By RL Date OS/20/05 Chkd.RLH SHEET 1 OF 1 WOHLROSS ASSOCIATES APN: 941-550-10-22 DOC# 91-312613 6500 SCARLETT COURT REFERENCES CD 18 M 90-91 Bkf 4780 CHABOT DRIVE SUITE 104 PLEASANTON, CA 945B8 925-396-7700 925-396-7799 (FAX) '1WIlima1P~ E5I K'\Sur01'\ll16002\Jlwa\Dlcli:s'CITY TCE.clwa 5/20/2005 llIe4134 AM PDT