HomeMy WebLinkAboutReso 014-97 Ease Sale to PacBelRESOLUTION NO. 14 - 97
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
CONSENTING TO SALE OF EASEMENT TO PACIFIC BELL
BY DUBLIN INFORMATION, INC.
WHEREAS, Pacific Bell was granted an easement by Dublin Information, Inc., for a Controlled
Environmental Vault (CEV) at the northwest comer of the Civic Center site; and
WHEREAS, the City Council consented to the transaction in January of 1996; and
WHEREAS, Pacific Bell has requested that the easement be increased in width by five feet to
accommodate a larger vault; and
WHEREAS, the Civic Center site is owned by Dublin Information, Inc., and leased to the City of
Dublin under the terms of a 1993 lease agreement; and
WHEREAS, the terms of said Lease Agreement requires consent of both Dublin Information, Inc.,
as Lessor, and the City of Dublin, as Lessee, for permitted encumbrances such as said easement; and
WHEREAS, said easement for Pacific Bell CEV will not impair the use of the site;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
consent to the revised grant of easement as described in Exhibit "A" to Pacific Bell by Dublin Information,
Inc.
BE IT FURTHER RESOLVED that the City Manager is authorized to notify Dublin Information,
Inc., in writing of said consent.
PASSED, APPROVED AND ADOPTED this 4th day of March, 1997.
AYES: Councilmembers Barnes, Burton, Howard Lockhart and Mayor Houston
NOES: None
ABSENT: None
ABSTAIN: None
K2/3-4-971resoc2pb.doc
Mayor
EXHIBIT "A" OF RESOLUTION
CF0263 (3-84) RAV-EXCL-AEK-UG
WHEN RECORDED RETURN TO:
PACIFIC BELL
2600 CAMINO RAMON, ROOM 1N650G
SAN RAMON, CA 94583
ATTN: CINDY VOWELL
NO DOCUMENTARY TRANSFER TAX DUE
BY:
PACIFIC BELL RIGHT OF WAY ADMIN.
FILE: WII091SG
- 97
TI-HS SPACE FOR RECORDER'S USE-..,,
APN: 941-1401-023-2
R/C: 4C
JOB: Wl-1091S
(CORRECTORY)
GRANT OF EASEMENT
GEO: Wl-35
LOC: RANCHO SAN RAMON
(J. M. AMAIZ)OK)
The undersigned Grantor hereby grants to PACIFIC BELL, Grantee, its successors and assigns,
an easement to construct, maintain, operate, inspect, repair, replace and remove such
communication facilities as Grantee may from time to time require, (including ingress thereto and
egress therefrom) consisting of cables, wires, conduits, manholes, handholes, markers, pedestals,
electrical conductors, structures with electronic communication equipment therein and associated
paving, and other necessary fixtures and appurtenances related thereto; in, over, under and upon
that certain real property in the City of Dublin, County of Alameda, State of California,
described as follows:
That portion of that certain real property described in the Corporation Grant Deed
from Volk-McLain Communities, Inc., formerly the Volk-McLain Co. to the
Murray School District of Alameda County, State of California, a Public
Corporation, dated October 14, 1966 and recorded in the Office of the Recorder
of the County of Alameda, State of California, on October 26, 1966 in Reel 1864
of Official Records at Image 533, described as follows:
Beginning at a Point at a standard survey monument at the intersection of the
monument lines for Dublin Boulevard and Sierra Court as shown on Parcel Map
460, recorded July 1, 1961 in Book 61 of Parcel Maps at Page 21 in said county;
thence, North 72o 43' 54" West 226.41 feet along said monument line; thence,
leaving said monument line South 17o 16' 06" West 38.00 feet to the southerly line
of Dublin Boulevard; thence, North 72o 43' 54" West 343.80 feet along said
southerly line to the southeasterly line of the Alameda County Flood Control and
Water Conservation District real property described in Parcel No. 2 in the Deed
recorded in said county on September 18, 1975 in Reel 4101 of Official Records
at Image 389 and the True Point of Beginning of this description; thence, along
said southeasterly line South 21o 49' 23" West 27.00 feet; thence, South 72o 43'
54" East 17.00 feet; thence, North 21o 49' 23" East 27.00 feet to the southerly line
of Dublin Boulevard; thence, North 72o 43' 54" West 17.00 feet along said
southerly line to the True Point of Beginning.
The northerly 5.00 feet of the easement herein granted or any portion thereof, shall
be subordinate to any future street or highway dedication; provided, however, that
such dedication is accepted by the appropriate govermnental authority having
jurisdiction over said dedication.
This legal description was prepared pm.suant to Section 8730c of the Business and Professions
Code.
Grantor also grants to Grantee the right to trim such trees and other foliage and to cut such roots
on said property as may be necessary for the protection of said facilities.
Grantor also grants to Grantee the right to cut, fill or otherwise change the grade of said property
and to place such drainage and retaining structures thereon, as Grantee may elect for the
protection of said facilities.
Grantor also grants to Grantee the right to receive commercial power service from the
appropriate utility company serving the area together with the right for such utility company to
place their respective service facilities upon and within said easement.
Grantee shall be responsible for damage caused intentionally or by any negligent act or omission
of Grantee, its agents or employees while exercising the rights granted herein.
THIS DOCUMENT IS EXECUTED AND RECORDED FOR THE SOLE PURPOSE OF
CORRECTING THE LEGAL DESCRIPTION IN THAT CERTAIN DOCUMENT
RECORDED MAY 13, 1996, SERIES NU31-BER 96-114843 OF OFFICIAL RECORDS
IN SArD COUNTY.
Executed this '----day. of ~/~(~_v 19 q 7'
DUBLIN INFORMATION, INC.,
a California non-profit corporation
210
~-001
2l~-000
,®
2
;~ESSOR'S
1'4-00