HomeMy WebLinkAboutReso 051-03 Intent St Abandon RESOLUTION NO. 51 - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
RESOLUTION OF INTENT TO VACATE EXCESS RIGHT OF WAY ON
DUBLIN BOULEVARD IDENTIFIED AS PARCEL C ON PARCEL MAP 7395
(STREETS AND HIGH~zAYS CODE §8310 et seq.)
WHEREAS, the City of Dublin acquired right-of-way for Dublin Boulevard, east of the Southern
Pacific Railroad right-of-way ("Road Extension Property") from the United States of America via a Quit
Claim Deed recorded as Series No. 94-312570 on September 22, 1994, Alameda County Records; and
WHEREAS, the City subsequently established a new Precise Plan Line for the segment of Dublin
Boulevard from the eastern BART access drive (now called "Iron Horse Parkway") to Hacienda Drive via
Ordinance No. 9-95 adopted on August 22, 1995, to conform to roadway alignments included in the
Eastern Dublin Specific Plan; and
WHEREAS, the Community Development Director approved Tentative Parcel Map 7395 subject
to Condition of Approval #16, which requires the Surplus Property Authority of the County of Alameda
to grant the City the right-of-way for Dublin Boulevard along the Precise Plan Line adopted in 1995, and
requires the City to vacate the segment of Dublin Boulevard along the original Road Extension Property,
west of Arnold Road; and
WHEREAS, the original right-of-way on Dublin Boulevard to be vacated was identified as Parcel
C (4.221 acres) of Parcel Map 7395 (recorded on October 31, 2003, in Book 254, Pages 28-37), and is
now considered excess by the City Council as described on the Grant Deed attached as Exhibit "A", said
exhibit being attached hereto and made a part hereof; and
WHEREAS, the Planning Commission adopted Resolution No. 03-05 on March 11, 2003, which
found the proposed right-of-way abandonment of Parcel C to be in conformance with the Dublin General
Plan, pursuant to Govemment Code §65402; and
WHEREAS, the City Council intends to vacate said excess right-of-way pursuant to Streets and
Highways Code §8310 et seq. by recording a Grant Deed to the Surplus Property Authority of the County
of Alameda, reserving therefrom the northwesterly 75 feet for purposes of a storm drainage easement,
reserving therefrom the 1 O-foot Public Services Easement and Sidewalk Easement as shown on Parcel
Map 7395 along the southerly line of Parcel C, and reserving therefrom the 12 foot Public Services
Easement and Sidewalk Easement as shown on said Parcel Map along the easterly line of Parcel C,
and the City Council will concurrently accept a Grant Deed from the Surplus Property Authority which
conveys the right-of-way for Dublin Boulevard along the Precise Plan Line adopted in 1995, a parcel
described as Parcel "D" on Parcel Map 7395;
NOW, THEREFORE, BE IT RESOLVED that on April 15, 2003, at 7:00 p.m., in the City
of Dublin City Council Chambers, 100 Civic Plaza, Dublin, Califomia, the City Council will conduct a
public hearing to consider vacating excess right-of-way on Dublin Boulevard; any and all persons having
any objections to the proposed right-of-way vacation may appear before said Council and show cause as to
why said proposed vacation should not be ordered.
BE IT FURTHER RESOLVED that the City Clerk is directed to publish said Resolution of
Intent to Vacate the excess right-of-way on Dublin Boulevard for at least two (2) successive weeks prior
to the public hearing in a daily, semiweekly, or weekly newspaper published and circulated in the local
agency conducting the proceeding.
BE IT FURTHER RESOLVED that the City Clerk is directed to conspicuously post said
Resolution of Intent to Vacate excess right-of-way on Dublin Boulevard in at least three (3) public places
along the line of the street proposed to be vacated, with each notice posted not more than 300 feet apart.
Said posting shall occur not less than two (2) weeks prior to the date of the public hearing.
PASSED, APPROVED AND ADOPTED this 1 st day of April, 2003.
AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None ~~ff~ C~. _~~~_Mayor -
ATTEST:
City Clerk ~
K2/G/4- 1-03/reso-vacate-row-db.doc (Item 4.4)
G:~DEVELOP~DBX-BART~reso intent street abandon.doc
2
~co~o~o RE~USS~*.D s¥ E X HI BI T "A" P A G E I O F 5
Chicago Title Company ~ (~'~ [ 0
M~L T~ ~ATEMEN~S TO
~D WHEN RECORDED ~L TO
Su~lus ~ope~ Au~ofi~ of
The Coun~ of Alameda
224 W. Winton Avenue, Room '110
Ha~d, CA 94544
Arm: Pat Cashman
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Grant Deed
The undersigned grantor(s) declare(s):
Documentary transfer tax is $ NONE DUE. ALL PARTIES ARE EXEMPT AGENCIES.
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: ( X ) City of Dublin, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF DUBLIN, a municipal
corporation and governmental agency organized under the laws of the State of California hereby ("Grantor") GRANTS to
SURPLUS PROPERTY AUTHORITY OF THE COUNTY OF ALAMEDA, a public corporation, ("Grantee") the
following real property in the City of Dublin, County of Alameda, Slate of California:
Parcel "C" as said parcel is shown on that certain map entitled "PARCEL MAP 73 95", filed October' 3 i, 2000, in Book 254
of Parcel Maps at Pages 28 through 37, inclusive, in the'Office of the Recorder of Alameda County.
RESERVING THEREFROM the northwesterly 75 feet for purposes of a storm drainage easement.
RESERVING ALSO THEREFROM the 10 foot Public Service Easement and Sidewalk Easement as shown on said map
along the southerly line of said Parcel C.
RESERVING ALSO THEREFROM the 12 foot Public Service Easement and Sidewalk Easement as shown on said map
along the easterly line of said Parcel C.
Subject to any existing easements.
CITY OF DUBLIN, a municipal corporation and governmental agency.
Dated By
Printed Name
Title
EXHIBIT "A" PAGE 2 OF 5
STATE OF ) ~ % (~
) ss
COUNTY OF )
On ,2003, before me, , aNotaryPubl~¢in
and for said County and State, personally appeared,
personally known to me (or proved to me on the basis of satisfactory evidence) 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(les), and that by his/her/their signature(s) on the instrument the person(s) or the entity that upon behalf of which
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
My Commission Expires:
Primed Name:
Principal Place of BUsiness:
(This area for official notarial seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
EXHIBIT"A" PAGE 3 OF 5
CERTIFICATE OF ACCEPTANCE
This instrument certifies that the interest in real property conveyed by grant deed from
the CITY OF DUBLIN, A MUNICIPAL CORPORATION, to the SURPLUS
PROPERTY AUTHORITY OF THE COUNTY OF ALAMEDA, A PUBLIC
CORPORATION, is hereby accepted by the undersigned officer on behalf of said
SURPLUS PROPERTY AUTHORITY OF THE COUNTY OF ALAMEDA, and said
Grantee consents to recordation thereof by its duly authorized officer.
SURPLUS PROPERTY AUTHORITY
OF THE COUNTY OF ALAMEDA, A
PUBLIC CORPORATION
Its: ~,~,~W;4~;' '
PRELIMINARY CHANGE OF OWNERSHIP REPORT
[ FOR ASSESSOR'S USE ONLY
(To.;be~comp!eted_by Trans~re.e (buyer) prior to transfer of subject property in
of the ~evenue &/axation uooe.) A Preliminary Change of Ownership Report m
conveyan ce in the County Recorder's office for the county wh ere the property is E X H I BI T "A" P A G E 40 F 5
form may be used in all 58 counties of California.
THIS REPORT IS NOT A PUBLIC DOCUMENT ~ ¢<~ ~,.~
SELLER/TRANSFEROR: CITY OF DLTBLIN, A MI/NICIP~LL CORPORATION
BUYER/TRANSFEREE: SURPLUS PROPERTY AUTHORITY OF TEE COLTNTY OF
~LLAMEDA, A PLrBLIC CORPORATION
ASSESSOR'S pARCEL NUMBER(S): 986- 0001- 006
PROPERTY ADDRESS OR LOCATION: P~RCEL C OF PM 7395 Bk 254 P~ 28,
10/21/00, Dublin, California
MAIL TAX INFORMATION TO: Name: CITY OF DUBLIN
Address: ALAMEDA CO. SURPLUS pROPERTY AUHTORITY; 224 W. WINTON, R00M 110, HAYWARD, CA 94544
Notice: A lien for property taxes applies to your property on January 1. of each year for the taxes owing in the following f sca year, July I through June 30.
One-half of these taxes is due November 1, and one-half is due February 1. The first installment becomes delinquent on December 10, and the second
installment becomes delinquent on April 10. One tax bill is mailed before November I to the owner of record.
IF THIS TRANSFER OCCURS AFTER JANUARY I AND ON OR BEFORE DECEMBER 31, YOU MAY BE RESPONSIBLE FOR THE SECOND
INSTALLMENT OF TAXES DUE FEBRUARY 1.
The pr0perty'which you acquired may be subject to a supplementa assessment nan amount to be determined by the County Assessor. For further
information on your supplemental r°ll obligation, please call the County Assessors's Office.
PART I: TRANSFER INFORMATION Please answer all questions.
· · A. is thio tranefer solely between husband and wife (Addition of a spouse, death of e spouse, divoroe settlement, ere.)?
I--"1 ~ B. Is this transaction only a correction of the name(s) of the person(s) holding title to the property (For example, a name change
upon marriage)?
F'-] ~ C. Is this document recorded to create, terminate, or reconvey a lender's interest in the property?
r-'l I~ D. Is this transaction recorded only as a reqUirement for financing purposes or to create, terminate, or reconvey a security interest
(e.g. cosigner)?
D E. Is thisdocument recorded to subst tute a trustee under a deed of trust, mortgage, or other similar document?
F-I F. Did this transfer result in the creation of a joint tenancy in which the seller (transferor) remains as one of the joint tenants?
f'-3 G. Does this transfer return property to the person who created the joint tenancy (original transferor)?
r-'l [~] H. ts this'transfer of property:
r'-I I'~ 1) to a trust for the benefit of the grantor, or grantor's spouse?
i"-i ]~F] 2) to a trust revocable by the transferor?
r"q Ep 3) to a trust from which the property reverts to the grantor within 12 years?
r-'l ~ 1. If this property is subject to a lease, is the remaining lease term 35 years or more including written options?
f-'l *J. Is this a transfer between parent(s) and child (ren)? t-'1 or from grandparent(s) to grandchild (ran)?. r-'l
r--I *K. Is ~his transaction to replace a principal residence by a person 55 years of age or older? Within the same county?, f--lYes r--I No
r--I *L. is this transaction to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code
Section 69.5? Within the same county?. F'-I Yes f'"'l No
*If you checked yes to J, K or L, you may qualify for a property tax reassessment exclusion, which may result in lower taxes on your property. Failure to
file a claim results in. the reassessme.nt of the property.
Please provide any other information that would help the Assessor to understand the nature of the transfer. ALT, PART-t-~ S al~ Tq.~]~iv~T
AGENCZES.
IF YOU HAVE ANSWERED "YES" TO ANY OF THE ABOVE QUESTIONS EXCEPT J, K OR L, PLEASE SIGN AND DATE,
OTHERWISE COMPLETE BALANCE OF THE FORM.
PART I1: OTHER TRANSFER INFORMATION
A. Date of transfer if other than recording date
B. Type of transfer. Please check appropriate box.
r'-'l Purchase r-'] Foreclosure r--I Gift F'q Trade or Exchange r'-I Merger, Stock or Partnership Acquisition
[--I Contract of Sale - Date of Contract
r'-I Inheritance- Date of Death r-'l Other: Please explain:
I--] Creation of Lease F"l Assignment of a Lease r--1 Termination of a Lease f'-'l Sale/Leaseback
E~ Date lease began
f'-I Original term in years (including written options)
E] Remaining term in years (including written options)
C. Was only a partial interest in the property transferred? E~]Yes I-"] No
If yes, indicate the percentage transferred '%
PCOR1 ;3/29/99-irc Page 1 of 2
PRELIMINARY CHANG---- OF OWNERSH~? REPORT
Please answer, To the best of your ~nowledge, alt applicable ouestions, si
EXHIBIT "A" PAGE 5 OF 5
PART II1: PURCHASE PRICE AND TERMS OF .SALE
A. 0ASH DOWN PAYMENT OR .Value of Trade or Exchange (excluding closing costs) Amount $.
B. FI~T,~EED OF TRUST ~--~ ...... % interest for ~ .years. Pymts./Mo. = $ (Prin. & int. only) Amount $
[] FH'~ ' Discount Points) [] Fixed Rate [] New Loan
[] Conve'r'P, jonal [] Variable Rate [] Assumed Existing Loan Balance
[] VA (, "~ Discount Points) [] All inclusive D.T. ($ Wrapped) [] Bank or Savings & Loan
[] Cai-Vet '"%.% [] Loan Carried by Seller [] Finance Company
Balloon Payment %% [] Yes [] No Due Date Amount $.
C. SECOND DEED OF TROS~ % interest for __ years. Pymts./Mo. = $ (Prin. & iht. only) Amount $.
[] Bank or Savin~g~.q&~lLl:,an'~,,% [] FixedRate [] NewLoan
[] Loan Carried by Seller
,~ [] Variable Rate
Balloon Payment %~ [] Yes [] No [] Assumed Existing Loan Balance
Due Date Amount $
D. OTHER FINANCING: Is other financin.'~volved not covered in (b) or (c) above~ [] Yes [] No Amount $
Type ' . __ % intent for __ .years, Pymts./Mo, = $ (Prin. & int. only)
[] Bank or Savings & Loan [] Find Rate [] New Loan
[] Loan Carried by Seller [] Varia-'ble Rate [] Assumed Existing Loan Balance
Balloon Payment [] Yes '% [] No Due Date Amount $
E. WAS AN IMPROVEMENT BOND ASSUMED BY THE B? .~.R? [] Yes [] No Outstanding Balance: Amount
F. TOTAL PURCHASE PRICE (°r acquisiti°n price' if traded Or%exchanged'include real estate c°mmissi°n if paid')I'x Total Items A through E $
. G. PROPERTY PURCHASED [] Through.a, broker [] Direct f%Croq~ Seller [] From a family member [] Other(explain)
If purchased through a broker, provide broker s name and phone numbS:
Please explain any special terms, seller concessions, or financing and an~'o~her information that would help the Assessor understand the purchase
price and terms of sate.
PART IV: PROPERTY INFORMATION "'%,
A, TYPE OF PROPERTY TRANSFERRED: '%*%,
Agricultural
[] Singie-familyresidence [] [] Timeshare
[] Multiple-family[esidence (no. of units: ) [] Co-op/Own-your-o%w% [] Manufactured Home
[] Commercial/Industrial [] Condominium '% [] Unimproved lot
[] Other (Description: %% )
B. IS THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? [] Yes b. No
[f yes, enter date of occupancy or intended occupancy
month day year ~'~.nth day year
C. IS PERSONAL PROPERTY INCLUDED IN PURCHASE PRICE O.e., furniture, farm equipment, machinery, etc.) %,
(other than a manufactured home subject to local property tax)? [] Yes [] No
If yes, enter the value of the personal property included in the purchase price $ (Attachite~zed list of personal property)
D. IS A MANUFACTURED HOME INCLUDED IN PURCHASE PRICE? [] Yes [] No
If yes, how much of the purchase price is allocated to the manufactured home? $
Is the manufactured home subject to local property tax? [] Yes [] No What is the Decal Number?
PRODUCE INCOME? [] Yes [] No If yes, is the income from:
E.
DOES
THE
PROPERTY
[] Lease/Rent [] Contract [] Mineral Rigl~ts [] Other-Explain:
F. WHAT WAS THE CONDITION OF PROPERTY AT THE TIME OF SALE?
[] Good [] Average [] Fair [] Poor
Please explain the physical condition of the property and provide any other information (such as restrictions, etc.1 that would assist the Asses
in determining the value of the property.
I certify that the foregoing is true, correct and complete to the best of my knowledge and belief.
Signed Date
NEW OWNER/CORPORATE OFFICER
PleasePrintName°fNewOwner/C°rporateOfficer.~,T,%~'~~ COUNTY ~T~RPT,fT.q ~Op~,~rP¥ AfTmfwC3~T,?¥
Phone Number where you are available from 8:00 a.m. - 5:00 p.m. ( )
(NOTE: The Assessor may contact you for further information)
'If a document evidencing a change of ownership is presented to therecorder for recordation without the concurrent filin¢~ of a preliminary change of ownership
report, the recorder may charge an additional recording fee of twenty dollars ($20.~0).
POOR2 ~8/5/B9-Irc Page 2 of 2