HomeMy WebLinkAboutReso 047-03 VAE Agmt SrCtr RESOLUTION NO. 47 - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT REGARDING EASEMENT WITH PFRS DUBLIN CORP.
AND THE CITY OF DUBLIN FOR A VEHICULAR ACCESS EASEMENT AGREEMENT
FOR THE NEW SENIOR CENTER AND HOUSING PROJECT SITE
WHEREAS, the PFRS Dublin Corporation is the owner of certain parcels in the Dublin Place
Shopping Center located between Dublin Boulevard and Amador Valley Boulevard at Amador Plaza
Road, shown in Exhibit A to the Agreement Regarding Easement entered into by the PFRS Dublin
Corporation and the City of Dublin for a vehicular and pedestrian access easement agreement for the new
Senior Center and Housing Project site; and
WHEREAS, the Target Corporation leases a portion of the property owned by PFRS Dublin
Corporation in the Dublin Place Shopping Center at 7200 Amador Plaza Road and is in the process of
building expansion, subject to the Conditions of Approval for Site Development Review PA 01-025,
approved by the Dublin City Council on January 15, 2002;'and
WHEREAS, the Agreement Regarding Easement with PFRS Dublin Corporation and the City of
Dublin for the vehicular and pedestrian access easement for the new Senior Center and Housing project
site fulfills the requirements of Condition #31 of the said Conditions of Approval for Site Development
Review for the Target Store expansion, which states the property owner must enter into an agreement with
the City of Dublin "to provide for a public vehicle accessway between the existing Dublin Library site and
the adjacent northeast parking area of the Target Store site, "and, "to allow the City to reconfigure and/or
improve parking stall and associated landscaped islands in that portion of the parking area at the City's
cost as part of a future conversion of the Library to another civic use"; and
WHEREAS, the vehicular and pedestrian access right was to be granted in the form of an
easement as stimulated by Condition #31 of the Conditions of Approval for PA 01-025, and is contained
in the Access Easement Agreement in Exhibit C of the Agreement Regarding Easement; and
WHEREAS, the PFRS Dublin Corporation has agreed to allow the City use of said access
easement, parking stalls and landscaping islands for the purposes of providing vehicular and pedestrian
access, parking, and landscaping, as shown in Exhibit D of the Agreement Regarding Easement, for the
new Senior Center and Senior Housing project within the property owned by the PFRS Dublin
Corporation; and
WHEREAS, the PFRS Dublin Corporation is agreeable to such use so long as the City improves
and operates such facilities in a manner that minimize the impacts on the basic retail operations within the
Dublin Place Shopping Center and the Target Store; and
WHEREAS, the PFRS Dublin Corporation is agreeable to such use so long as the City holds the
property owner free from all liability and claims for damage in accordance with said Access Easement
Agreement contained in Exhibit C, and pays the agreed upon yearly maintenance fee stated in the
Agreement.
1
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Agreement Regarding Easement with the attached Access Easement Agreement
between the PFRS Dublin Corporation and the City of Dublin; and
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 18th day of March 2003.
AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart
NOES: None
ABSENT: None
ATTEST:
K2/G/3-18/03/reso-PFRS.doc (Item 4.7)
G:~PAL2001~PA 01-025\CC-RESO AccessAgrmt.doc