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HomeMy WebLinkAbout4.09 Purchase SP ROW CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: December 22, 1986 SUBJECT: Purchase of Real Property Along Dougherty Rd. at the Southern Pacific Railroad Right-of-Way EXHIBITS ATTACHED: 1) 2) 3) 4) RECOMME~ATION' 1) ) Purchase Contract Copy of Grant Deed Resolution Approving Purchase Plat Showing Acquisition Certificate of Acceptance Adopt Resolution Approving Purchase Approve Budget Transfer of $9,300 from Reserve FINANCIAL STATEMENT: Engineering and Administration, F.Y. 1985-86: Estimated 1986-87 Administration, Legal, and Alameda Co. Right-of-Way Agent Costs: Appraisal Costs: Est. Title Search, Insurance, and Closing Costs: $ 4,170.00 6,000.00 1,800.00 1,500.00 Est. Total Acquisition Costs: Property Cost: 13,470.00 120,000.00 Total Acquisition and Property Cost: $ 133,470.00 The Capital Improvement Program for F.Y. 1986-87 indicates this project to have an estimated cost of $130,000, including $120,000 for right-of-way and $10,000 for acquisition cost. The $10,000 in acquisition costs was estimated to be spent in prior years, with the $120,000 budgeted for this year. Since most of the acquisition costs have been incurred this year, and the total project is estimated to be $3,470.00 over budget, it is necessary to transfer $9,300 from reserves to cover the total estimated acquisition and property costs. The City is being reimbursed a total of $68,700 from CDBG funds. DESCRIPTION: The City requires right-of-way at the Southern Pacific corridor for the future widening of Dougherty Road. This acquisition of right-of-way is provided for in the 1986-87 Capital Improvement Program. A parcel belonging to DSRSD has already been deeded to the City at no cost, and Alameda County will also deed property at no cost. This acquisition from Southern Pacific includes widening on both sides of the existing road right-of-way. Northerly of the Southern Pacific corridor, the City has already acquired right-of-way on the west side of Doughert~ Road, and Camp Parks has agreed to provide an easement on the east side for roadway purposes. Southerly of the SPRR, the City will require additional right-of-way, primarily on the east side, the acquisition of which is tentatively scheduled for Fiscal Year 1990-91. COPIES TO: John Fenstermacher, Co. of Alameda R.L. Mayer, Santa Fe Realty Co. The Southern Pacific Tramsportation Co. has agreed to sell the right-of-way that the City needs at a cost of $120,000. This purchase includes fee title to the strips of land on either side of Dougherty Road and also fee title for the existing Dougherty Road, over which the City may currently have only easement rights. Purchase of this right-of-way is being financed with General Funds and Community Development Block Grant Funds. CDBG funds cam be used for public improvements within a qualified "targeted" area. This project sets the groundwork for the future widening of Dougherty Road and uses up a two-year allocation of CDBG funds, plus an advance of a third year. The City is required to pay the cost of acquisition and will be ~reimbursed for a portion thereof. -2- , 19 SOUTHERN PACIFIC TRANSPORTATION COMPANY Grantor(s) REAL PROPERTY PURCHASE CONTRACT - CITY OF DUBLIN A document in the form of a ~Grant Deed covering the property particularly described therein has been executed and delivered to John W. Fenstermacher, Assistant Chief, Real Estate Division, County of Alameda, acting on behalf of the City of Dublin. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the City of Dublin of all further obligation or claims on this account. 2. The City of Dublin shall: (A) Pay the undersigned grantor the sum of $120,000.00 for the property or interest conveyed by the above document when title to said property vests in the City of Dublin, free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded), and taxes, except: Taxes for the fiscal year in which escrow closes which shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the close of escrow. b. Covenants, conditions, restrictions and reservations of record, or contained in the above-referenced document. c. Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any. (c) Pay all escrows and recording fees incurred in this transaction and, if title insurance is desired by the City of Dublin the premium charged therefor. Have the authority to deduct and pay from the amount 'shJwn in Clause 2(A) above, any amount necessary to satisfy any delinquent taxes due in any fiscal year except the fiscal year in which this escrow closes, together with penalties and interest thereon, and/or deliquent or non-delinquent assessments or bonds except those which title is to be taken subject to in accordance with the terms of this contract. 3. The grantor shall retain possession of the property conveyed up to and including the date of recording of the deed conveying title to the City of Dublin, upon compliance by the grantor with the conditions of this contract. All rents and all security money collected by grantor applicable to any period thereafter shall be paid to the City. Either party hereto collecting rents or security money to which the other party is entitled shall forthwith pay such amount to the other as is necessary to comply with the provisions of this clause. 4. Grantor warrants that there are no oral or-~ritten leases on all or any portion of the property exceeding a period of one month, and" grantor further agree.to hold the City of Du61in harmless and reimburse the City of Dub,lin.~.~.for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of grantor for a period exceeding one month. 5. The undersigned grantor hereby agrees and consents to the dismissal of any eminent domain action in the Superior Court wherein the herein described land is included and also waives any and all claims to any money that may now be on deposit in said action. It is agreed and understood that the City of Dublin's acquisition of the property described in the Grant Deed is for the improvement of a City street and the Grantor is executing this contract and Grant Deed under the threat of condemnation for City street proposes. 6. It is understood and agreed that the grantor shall eliminate to the satisfaction of the below-named title company the effect of the following: None 7. Southern Pacific Transportation Company, at no expense to the City of Dublin expressly covenants to cause any and all mortgages or Deeds of Trust, including modifications, amendments and supplements thereto, which affect the property to be conveyed in this transaction to be released or reconveyed and recorded within one year of the date of delivery to the City of Dublin of the Grant Deed. 8. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in the contract, the right of possession and use of the subject property by the City of Dublin, including the right to remove and dispose of improvements, shall commence on December 1, 1986, or the close of escrow controlling this transaction, whichever occurs first and that the amount shown in Clause 2{A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. 9. This transaction will be handled through an escrow with Pioneer Title Company, 3191 Corporate Place, Hayward, CA 94545, Escrow No. S-101894-B IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. SOUTHERN PACIFIC TRANSPORTATION COMPANY By Grantor RECOMMENDED FOR APPROVAL: By: Assistant Chief, Real Estate Division County of Alameda By: Chief, Real Estate Division APPROVED: CITY OF DUBLIN By: No Obligation Other Than Those Set Forth Herein Will Be Recognized. 'RECORDED AT THE REQUEST OF: GRANTEE WHEN RECORDED, RETURN TO: City of Dublin P.O. Box 2340 Dublin, CA 94568 A~tention: City Engineer DOCU~ENTARY TRANSFER TAX ........................ C~J:',TY CF f, !.,": :.' ~ ;: ": j RIG"IF OF WAY ~',~£~T I GRANT DEED Southern Pacific Transportation Company, a Delaware Corporation does hereby GRANT to the CITY OF DUBLIN, a municipal operation, the following described real property: (FOR DESCRIPTION, SEE EXHIBIT "A", AI-FACHED HERETO) It is understood that the present intention of the City of Dublin is to construct and maintain a public highway on the lands hereinabove described, and the undersigned hereby waives any claim for any and all damages to the remaining property of which the above described parcel is a part, by reason of the location, construction or maintenance of said highway. Dated this day of , 19 IN WITNESS WHEREOF, GRANTOR has duly executed this document. SOUTHERN PACIFIC TRANSPORTATION COMPANY By EXHIBIT "A" LEGAL DESCRIPTION Al I t'hat real property situated in the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of the right-of-way of the Southern Pacific Railroad Company as shown on the amended map of the Town of Dougherty, Pleasanton Township, Alameda County, Cai ifornia. Filed November 18, 1911 in book 26 of maps,, at page 56, AI.ameda County records,, and being ~ore particularly described as follows: Beginning at the intersection of the westerly line of Dougherty Road (County Road ~4038), (formerly Fourth street), (formerly Alamo Road), with the southerly right-of-way line of the lands of the Southern Pacific Railroad Company, (also the northerly line of -South' Avenue), as shown on said map; thence southeasterly along said southerly right-of-way line and along the arc of a non-tangent curve, whose radius point bears North 43° 07' 33" East 11609.19 feet, -thru a central angle of 00' 32' 01" an arc length of 108.12 feet; thence ieaving said right-of- way I ine North O0° 35' 00" East 339.51 feet to a non-tangent curve; thence along the arc of said non-tangent curve whose radius bears North 43° 44' 18" East 11359.19 feet, thru a central angle of O0° 45' 56", an arc length of 151.76 'feet; thence .South O0° 35' 00" West 302.78 feet to a non-tangent curve; thence along the arc of said non-tangent curve, whose radius bears North 43~ 27' 52" East 11579.19 feet, thru a central angl'e of O0° 12' 08" an arc length of 40.90 feet to a point on said westerly right-of'-way I ine of Oougherty Road; .thence southerly along said westerly right-of-way, South O0° 35' 00" West 40.76 feet to the point of beginning. Containing .8346 acres more oF less. END OF DESCRIPTION .Gr~nt0r]excep~s from:.the]property h~reby conveyed that portion :'t~'er'~'~"lyin'g.below a'depth of 500 feet, measured, vertically, from the contour of the surface of said property; however, Gran- tor, or its successons and assign's, shall not have the right. for any purpose whatsoever to enter upon, into or through the surface of said property or any part thereof lying between said surface and 500 feet below said surface. RESOLUTION NO. -86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE PURCHASE OF ~ PROPERTY, DRAWING AND D~LIVERING WARRANTS, ACCEPTING AND RECORDING A GRANT DEED, AND DECLARING DOUGHERTY ROAD A PART OF THE CITY STREET SYSTEM. WHEREAS, the hereinafter described real property situated in the City of Dublin, State of California, is required by the City of Dublin for public street purposes, to wit, the improvement of Dougherty Road at the Southern Pacific right-of-way; and WHEREAS, Southern Pacific Transportation Company has agreed to sell said real property to the City of Dublin for public street purposes, for the amount of $120,000; NOW, THEREFORE, BE IT RESOLVED that the purchase of said real property for public street purposes from the aforesaid owner for the aforesaid amount be and the same is hereby approved; and the Mayor is hereby authorized to execute the real property purchase contract and the Certificate of Acceptance. BE IT FURTHER RESOLVED that the Finance Director, upon notification by the City Engineer as to payee and amount, is hereby authorized and directed to draw his warrant on the General Fund, as so notified, said warrant to be forwarded to the City Engineer, to be by him delivered to the payee through escrow at such time as title to the hereinafter described real property is vested in the City of Dublin; and BE IT FURTHER RESOLVED that that certain deed from the aforesaid owner, conveying said real property to the City of Dublin, be, and the same is hereby accepted, and the City Clerk be, and he is hereby authorized and directed to record the same at the office of the Recorder of Alameda County; and BE IT FURTHER RESOLVED that upon such recordation, said real property, described in the manner aforesaid, be and the same is hereby declared to be a part of the City System of Streets, and is hereby designated as a part of Dougherty Road. The real property hereinabove referred to is more particularly described in Exhibit "A" of the grant deed from Southern Pacific Transportation Company. PASSED, APPROVED, AND ADOPTED this 22nd day of December, 1986. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk ~ Co. R; II 359. L=41.G0' &. =O°4 .T:)' I~ =ll]Sq.lq' L= i~= 11359.19' ' '" ~ L-- 41.19' A=OO° Ir?-' O( L= 40.qo' = O* 39'O1" FL = ll~oq. Iq' L = IO8. D,~T£ NO'v'." Iq~ · ~.,.. ,,,: ~o, PLAT TO AccOMPANY DF.~ IaNEO T.T.C. 13K,~w~ V.C. c..c,,o - LEGAL DESCRIPTION PROd ~:CT ii~ I~..T.T. C I I CD3173 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by dated from to the City of Dublin, a political subdivision of the State of California, is hereby accepted by order of the City Council of the City of Dublin on by Resolution No. -86, and the grantee consents to recordation thereof by its duly authorized officer. Date: By: Linda J. Jeffery, Mayor, City of Dublin CITY OF DUBLIN BUDGET CHANGE FORM FROM TO APPROPRIATION ACCOUNT AMOUNT . ACCOUNT AMOUNT 3 TRANSFER 3 AMENDMENT 2-9 559.02 9,300.00 3-55 9,300.00 1STIFICATION INCREASE CAPITAL IMPROVEMENT PROJECT 3-55 BUDGET BY $9,300.00. MONEY IS COMING FROM ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS REVENUE TO BE RECEIVED THIS YEAR WHICH EXCEEDS THE ORIGINAL AMOUNT BY $10,000. THE $9,300 IS TO BE USED FOR: ADMIN. , AND LEGAL FEES: $6,000.00 APPRIAISAL COSTS: 1,800.00 TITLE SEARCH, INS. , ETC. 1,500.00 TOTAL: $9,300.00 ' EMITIZED COST DOUGHERTY RD. WIDENING @ SO. PACIFIC RR LAND 9,300.00 TOTAL 9,300.00 ITY DATE ANAGER APPROVAL . ITY DATE OUNCIL APPROVAL .