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HomeMy WebLinkAbout4.3 RescindRejectParcelACITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: October 10, 1988 SUBJECT: Rescission of Rejection of a Portion of Parcel A, Tract 4991, and Acceptance of Iglesia Drive EXHIBITS ATTACHED' RECOMMENDATION: 3) 1) Resolution rescinding rejection of a portion of Parcel A, Tract 4991, and accepting Iglesia Drive as street right-of-way. 2) Copy of Resolution 86-84 Acceptance of Final Map for Tract 4991 (Indicating Rejection of Parcel A) Location Map Adopt Resolution FINANCIAL STATEMENT: None DESCRIPTION: This item is one of several parts of the process involving Parcel A of Tract 4991. The City has adopted resolutions of intention to abandon portions of Parcel A and also the stub end of Rolling Hills Drive east of Creekside Drive, which will not be used as street right of way. The public hearings for these abandonments are on this (October 10th) agenda. Although Parcel A was rejected by the City, the offer of dedication remains open, and the City must abandon the parcel for the property to revert to Kaufman and Broad. Before abandoning Parcel A, the City needs to accept the portion of Iglesia Drive that crosses the parcel and which has not previously been accepted. The City must first rescind its rejection of a portion of Parcel A and then accept Iglesia Drive. The resolution attached to this agenda statement accomplishes this purpose, and Staff therefore recommends that the City Council adopt the resolution. RESOLUTION NO. -88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESCISSION OF REJECTION OF OFFER OF DEDICATION OF PARCEL A, TRACT 4991, AS TO CERTAIN PORTION ONLY; ACCEPTANCE OF OFFER OF DEDICATION OF PORTION KNOWN AS IGLESIA DRIVE WHEREAS, by Resolution No. 86-84 adopted August 27, 1984, the City Council of the City of Dublin did reject the offer of dedication of Parcel A of Tract 4991 shown on that certain map entitled "Tract 4991" filed September 5, 1984, in Book 147 of Maps at Pages 75 through 80 thereof, records of Alameda County, California; and WHEREAS, the hereinafter described portion of Parcel A as sho,~n on said map provides a portion of the street right-of-way of Iglesia Drive; NOW, THEREFORE, BE IT RESOLVED pursuant to the authority of Section 66477.2(a) of the Government Code of the State of California, that the City Council hereby rescinds the previous rejection of the offer of dedication of that certain portion of Parcel A of Tract 4991, particularly designated and described in Exhibits A and B attached. BE IT FURTHER RESOLVED that the offer of dedication made by Chicago Title Company of Alameda, a California Corporation, dated August 20, 1984, on the aforesaid map of Tract 4991 be, and the same is hereby accepted as to the hereinabove described portion thereof only; and BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause a certified copy of this resolution to be recorded at the office of the Recorder of Alameda County. PASSED, APPROVED, AND ADOPTED this 10th day of October, 1988. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk EXHIBIT "A" THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF DUBLIN,~COUNTY OF ALAMEDA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF PARL'EL A AS SHOWN ON TRACT 4991 FILED IN BOOK 147 OF MAPS AT PAGES 75 TO 80, ALAMEDA COUNTY RECORDS, FURT~I~R DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY BOUNDARY OF SAID PARCEL A FROM WHICH THE SOUTHEAST CORNER OF SAID PARCEL A BEARS ALONG THE EASTERLY LINE TI4EI~OF SOUTH 2o39'37.. EAST 106.58 FEET, SAID SOUTHEAST CORNER BEING A 1 INCH IRON PIPE MARKED R.C.E. 17959; THENCE LEAVING SAID EASTERLY LINE SOUTH 87°20'23".WEST 16.27 FEET; THENCE ALONG THE ARC OF A 20.00 FOOT RADIUS CURVE BEING CONCAVE TO THE SOUTHEAST, HAVING A CENTRAL ANGLE OF 90o59'23'', THROUGH AN ARC LENGTH OF 31.76 FEET TO THE LINE COMMON TO SAID PARCEL A AND CREEK SIDE DRIVE; THENCE ALONG SAID COMMON LINE NORTH 3°39'00'' WEST 90.01 FR~.T; THENCE LEAVING SAID COMMON LINE ALONG THE ARC OF A 20.00 FOOT RADIUS CURVE BEING CONCAVE TO THE NORTHEAST, HAVING A CENTRAL ANGLE OF 89000'37'', THROUGH AN ARC LENGTH OF 31.07 FEET; THENCE NORTH 87o20'23'' EAST 17.83 FEET TO THE EASTERLY LINE OF SAID PARCEL A; THENCE ALONG SAID EASTERLY LINE SOUTH 2°39'37'' EAST 50.00 FEET TO THE POINT OF BEGINNING. CONTAINING 2024 SQUARE FEET (0.0465 ACRES) MORE OF LESS. 069-88040-141 £XlII~IT Babbitt Civil Engineering,Inc. 39 California Avonue, Suito 20t Ploasanton, Ca. 94566 (4t5)484- 3800 RESOLUTION NO. 86- 84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTANCE OF FINAL MAP TRACT NO. 4991 WHEREAS, the Final Map of Tract No. 4991 in the incorporated territory of the City of Dublin; State of California has been presented to this City Council for approval, all in accordance with the provisions of the Subdivision Map Act of the State of California and the Ordinance Code of the County of Alameda, as adopted by the City of Dublin; and WHEREAS, the Developer, Kaufman and Broad has executed and filed with the City of Dublin a contract to improve Tract No. 4991 in accordance with the final Map of said Tract No. 4991, the Tract Improvement Plans and the specifications attached thereto; and WHEREAS, said contract is secured by a .bond in the amount of $746,000 which, by its terms, is made to inure to the city of Dublin conditioned upon the'performance of said contract; and WHEREAS, 'said contract is s~cured by a bond in the amount of $373,000 which, by its terms, is made to inure to the benefit of laborers and materialmen upon such work and improvements, conditioned upon the payment of such laborers and materialmen for labor performed or material furbished under the terms of said contract. NOW, THEREFORE, BE IT RESOLVED that said contract and bonds be and they are hereby approved; and BE IT FURTHER RESOLVED that the Final Map of Tract No. 4991 be and the same is hereby approved; and that Rolling Hills Drive, Creek Side Drive, Wildcat Court, and Barn Hollow Court as shown on said map, be and they are hereby accepted as City Roads subject to improvement in the terms of the offer of Dedication;; and that those strips of land designated as "P.U.E." or "Public Utilitiy Easement", "S.D.E." or "Storm Drain Easement", and use in "S.S.E" or "Sanitary Sewer Easement" and and Parcel "A" as offered for dedication to public use in conformity with the terms of dedication, be and they are hereby rejected; and that the Clerk of this City Council be and is hereby directed to transmit said map to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 27th day of August, 1984. AYES: Councilmembers JefferT, Moffatt, V0nheeder and Mayor Snyder NOES: ABSENT: None Councilmember Hegarty ~/"/ ~ / - Mayor ATTJ~ST: EXHIBIT B~36 ! ~ 8C~2 ~ 6034 8058: 803B '~ 8018 7980 7940 7973 ~ 7 7814 7793 7798 7777 778Z 776~ 7/66 7745 \ 7750 Z9" 80,0 / / r4EgiO 11698 7823 .¢ -63, BttliliT 5