HomeMy WebLinkAbout4.3 Transfer Parcel to Califor
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DATE:
TO:
FROM:
STAFF REPORT
CITY COUNCIL
September 3, 2013
Honorable Mayor and City Councilmembers
Joni Pattillo City Manager""'
CITY CLERK
File #670 -70
SUBJECT: Approval of Transfer of One Parcel of Land to the State of California as Part of
the 1- 580 /Fallon Road Interchange Improvement Project
Prepared by Ferd Del Rosario, Senior Civil Engineer
EXECUTIVE SUMMARY:
In 2010, the City of Dublin accepted the 1- 580 /Fallon Road Interchange Improvement Project
which increased the capacity of the Interchange to accommodate new development in Eastern
Dublin. As part of the City's Cooperative Agreement with the State of California, the City is
required to transfer one parcel of land to the State that was previously deeded to the City for the
purpose of constructing the freeway interchange project.
FINANCIAL IMPACT:
There is no financial impact to the City.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution approving the transfer of one
parcel of land to the State of California in conjunction with the City's 1- 580 /Fallon Road
Interchange Improvement Project.
Submitted By
Director of Public Works
DESCRIPTION:
Reviewed By
Assistant City Manager
On July 20, 2010, the City Council accepted the construction work for the 1- 580 /Fallon Road
Interchange Improvement project as complete. The project was constructed in collaboration
with Caltrans, ACTC (formerly known as Alameda County Transportation Improvement
Authority) and the Cities of Pleasanton and Livermore. Prior to construction of the project, the
City entered into a Cooperative Agreement with Caltrans which spelled out the City's
responsibilities, including acquisition of right -of -way needed to construct the project and transfer
of land to the State upon completion of the project.
Page 1 of 2 ITEM NO. 4.3
One parcel of land immediately adjacent to the freeway was required to increase the capacity of
the freeway interchange. The parcel was deeded to the City by the developer with the intent of
transferring the property to the State upon completion of the project. Prior to acceptance of the
property by the State, Caltrans required that the property be cleared of recorded utility
easements. Staff requested the affected utility companies quit claim their easements on the
property, because the easements are no longer needed. The parcel is now clear of easements
and ready for State acceptance.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
A copy of the report has been sent to Caltrans.
ATTACHMENTS: 1. Resolution Approving the Transfer of One Parcel of Land to the State
of California as part of the 1- 580 /Fallon Road Interchange
Improvement Project
2. Grant Deed to the State of California
3. Grant Deed to the City of Dublin from the Lin Family
4. Aerial Location Map
Page 2 of 2
RESOLUTION NO. -13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE TRANSFER OF ONE PARCEL OF LAND TO THE STATE OF
CALIFORNIA AS PART OF THE 1- 580 /FALLON ROAD I
NTERCHANGE IMPROVEMENT PROJECT
WHEREAS, the City of Dublin had undertaken a Capital Improvement Project which
increased the capacity of the 1- 580 /Fallon Road/El Charro Road Interchange to accommodate
new development in Eastern Dublin; and
WHEREAS, the City of Dublin entered into a Cooperative Agreement with the State of
California which allowed the City to construct said project provided the City acquire the right -of-
way needed for the project and transfer said right -of -way to the State upon completion of the
project; and
WHEREAS, a portion of land owned by the developer immediately adjacent to the 1 -580
freeway was deeded to the City of Dublin for the purpose of improving the freeway interchange;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the transfer of one parcel of land to the State of California as described in
Exhibit A of the attached Grant Deed.
BE IT FURTHER RESOLVED that the City Manager is authorized to sign the attached
Grant Deed on behalf of the City of Dublin.
PASSED, APPROVED AND ADOPTED this 3rd day of September, 2013, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
3THE11 RE ' WORIE-0, — RLT,#JV--L0--
DEPARTMENT OF TRANSPORTATION
P.O. BOX 23440, Mail sTA — 11
Oakland, CA 94623-0440
Attn: Julie McDaniel
Space above this line for Recorder's Use
THE CITY OF DUBLIN, a municipal corporation
--A corporation organized
and existing under and by virtue of the laws of the State of California, does hereby GRANT to the STATE OF
CALIFORNIA all that real property in the City of Dublin, County of Alameda, State of California, described as:
See Exhibit "A"
Form RW 6-1(C) (Revised 01108)
R; Z
00st-'
Number
am580
16.7
62501
THE CITY OF DUBLIN, a municipal corporation
--A corporation organized
and existing under and by virtue of the laws of the State of California, does hereby GRANT to the STATE OF
CALIFORNIA all that real property in the City of Dublin, County of Alameda, State of California, described as:
See Exhibit "A"
Form RW 6-1(C) (Revised 01108)
1-he grantor further understands that the present intention of the grantee is to construct and iiiaintain a public
highway on the lands hereby conveyed in fee and the grantor, for itself, its successors and assigns, hereby waives any
claims for any and all damages to grantor's remaining property Contiguous to the property hereby conveyed by reason
of the location, construction, landscaping, or maintenance of said highway,
IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto Subscribed this
State of California
County of
day of 1 2013 ,
f SS
By
City Manager, City of Dublin
Attest
City Clerk
ACKNOWLEDGMENT
On before me, personally
ere inner iname an ileoltheofficer)
appea
who proved to me on the
basis of satisfactory evidence to be the person(s) whose narne(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 (ies), and that by
his/her/their signature(s) on the instrunient the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument,.
I certify under PENALTY OF PERJURY Linder the laws of the State of California that the foregoing paragraph is true and
correct..
WITNESS my hand and official seal.
Signature
(Seal)
TI-IIS IS TO CERTIFY, That the State of California, acting by and through, the Department of Transportation
(pursuant to Government Code Section 27281), hereby accepts, for public purposes the real property described
in the within deed and consents to the recordation thereof.
IN WITNESS WHEREOF-, I have hereunto set my hand this — day of 2013.
MALCOLM DOUGHERTY, Director of Transportation,
M
Ferro RVV G -1(C) (Revised 01/08)
MARK L. WEAVER, Attorney in Fact
Deputy District Director
Right of Way & Land Surveys
Exhibit "A"
Parcel 1: (§Z§kl-1 9864-1
4-Ala-580
P.M. 16.5-1&8
EA 25760
62051
All that certain parcel of land described in the Deed to the City of Dublin, County of
Alameda, State; of California, recorded on April 15, 2003 under document number 2003219091 ,
of Alameda County Official Records, described as follows:
Beginning at the point of intersection of the westerly line of Fallon Road with the northerly line of
State Highway 580, shown and so designated on that certain Record of Survey Map No. 1005
(R.O.& #1005) filed in Book 16 of Records of Survey at Pages 37 to 51, as being marked by a
steel fence corner post which: bears S 831 24'49" W 86.39 feet from a CH,C Brass disc stamped
"A458";
Thence from said Point of Beginning and coincident with said northerly line of State Highway
580 S 501 39' 32 W 115.70 Feet;
:: IvIIIIIIIIIIIIII jijiijllijli!��Iri �gjjn�•
guu*ta
Thence coincident therewith S 020 06' 49" W 234.34 beet to the Point of Beginning.
CONTAINING an area of 24,965 Square Feet, more or less
TOLE -rHER wrl-H all those certain rights, including access rights, conveyed to the City of
Dublin by Grant Deed recorded October 9, 2007 under document number 2007355548 of
Alameda County Official Records, described as follows:
"This conveyance is made for the purpose of a freeway and the grantor hereby releases and
relinquishes to the grantee any and all abutter's rights including access rights, appurtenant to
grantor's remaining property, in and to said freeway over and across the course described as
4-Ala-580
P.M. 16.5-168
EA 257•01
62051
"N 00 2'6' 33" E 309.24 FEET" in the deed to the City of Dublin, a municipal corporation
recorded on April 15, 2003 under document number 20033219091, Official Record of Alameda
County."
The bearings, and distances are based on the California Coordinate System of 1983, Zone 3,
Epoch 1991,35, Distances and areas are grid and metric. Multiply the distances by 1,00008268
to obtain ground level distances. To convert meters to U.S,. Survey feet multiply distances by
39,37/12'00.
This real property description has been prepared by me, or under my direction, in conformance
with the California Professional Land Surveyors Act.
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License Expires 12/3,1/2012
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RECORDING REQUESTED BY
First American Title Guaranty Company
Order No. 597135
'-� Escrow No. 597135
WHEN RECORDED MAIL TO:
City of Dublin
Public Works Department
100 Civic Plaza
Dublin, CA 94568
200321909104/15/2003 08:30 AM
OFFICIAL RECORDS OF RECORDING FEE: 0.00
ALAMEDA COUNTY
PATRICK O'CONNELL
I i
'1 f 6 PGS
I
MAIL TAX STATEMENTS TO: The undersigned grantor(s) declare(s):
CITY TRANSFER TAX $
DOCUMENTARY TRANSFER TAX $ exe,& 133 '
SAME AS ABOVE SURVEY MONUMENT FEE $
Computed on the consideration or value of property conveyed; OR
Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
APN 985 -6 -1 (portion)
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Chang Su-0 Lin, also known as Jennifer Lin, a married woman as her sole and separate property and
Hong Lien Lin, also known as Frederic Lin, a single man
hereby GRANT(S) to
The City of Dublin, a municipal corporation
the real property in the City of Dublin
County of Alameda State of California, described as
FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Dated J n jary 31 , 2002
STATE OF CALIFORNIA }ss. , \
COUNTY OF }
Ch g Su-0 Lin, by Hon ien in as her,-- �e
On
Attorney in Fact
before me, 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 Hong Lien Lin
he /she /they executed the same in his /her /their authorized
capacity(ies), and that by his /her /their signature(s) on the
instrument the person(s) or the entity upon behalf of which the
person(s) acted, executed the instrument.
,,.--,WITNESS my hand and official seal.
Signature
GDBLK.DOC (Rev 6/94) (This area for official notarial seal)
ACKNOWLEDGMENT:
TAIWAN )
CITY OF TAIPEI )SS.
AMERICAN INSTITUTE IN )
TAIWAN, TAIPEI OFFICE ) Susan E. Haftel
ON DEC 112002 2002, BEFORE ME Special Notary (PL96 -81)
PERSONALLY APPEARED HONG LIEN LIN AS ATTORNEY -IN -FACT FOR CHANG SU -O LIN, AND
HONG LIEN LIN R6RR-n•41:1-6�4 14410 441 Tn ME —(8R PROVED TO ME ON THE BASIS OF
SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE
WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR
AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE
PERSONS, OR ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE
INSTRUMENT.
SIGNATURE
NAME (PRINTED), Susan E. "561
Special Notary (FL95--8)
SPECIAL NOTARY ( L)u jy e.,, oint )ed and qualified
MY COMMISSION EXPIRES '*"Mi"' oat 19d gogg
Exhibit A
DESCRIPTION
FEE CONVEYANCE OF A PORTION OF
CHANG SU -O LIN PROPERTY
FALLON ROAD & I -580
EAST DUBLIN PROJECT
11,267 -00
Page 1 of 2
ALL THAT CERTAIN REAL PROPERTY BEING A PORTION OF RANCHO SANTA RITA, TOWNSHIP 3
SOUTH, RANGE 1 EAST, MOUNT DIABLO MERIDIAN AND BEING ALSO A PORTION OF THE CHANG
SU -O LIN PROPERTY AS SHOWN AND SO DESIGNATED ON THAT CERTAIN RECORD OF SURVEY
MAP NO. 1005 (R.O.S. #1005), FILED IN BOOK 16 OF RECORDS OF SURVEY AT PAGES 37 TO 51, BEING
ALSO A PORTION OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN THE DEED AS RECORDED
ON JULY 31,1985, IN SERIES No. 85- 150494 ALAMEDA COUNTY RECORDERS OFFICE, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY LINE OF FALLON ROAD WITH
THE NORTHERLY LINE OF STATE HIGHWAY I -580, SHOWN AND SO DESIGNATED ON SAID R.O.S.
#1005 AS BEING MARKED BY A STEEL FENCE CORNER POST WHICH BEARS S 83 °24'49" W 86.39
FEET FROM A CHC BRASS DISC STAMPED "A458 ";
THENCE FROM SAID POINT OF BEGINNING AND COINCIDENT WITH SAID NORTHERLY LINE OF
STATE HIGHWAY I -580 S 50 039'32" W 115.70 FEET;
THENCE LEAVING SAID NORTHERLY LINE N 00 026'33" E 309.24 FEET;
THENCE S 88 058'58" E 95.75 FEET TO A POINT IN THE WESTERLY LINE OF SAID FALLON ROAD;
THENCE COINCIDENT THEREWITH S 02 006'49" W 234.34 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 24,965 SQUARE FEET MORE OR LESS.
END OF DESCRIPTION
PREPARED BY:
FRED C. INGALLS, P.L.S.
LICENSED PROFESSIONAL LAND SURVEYOR No. 5859
(EXP.: 12/31/2004)
STATE OF CALIFORNIA
//23 r /2oGa2
MACKAY&SIMPS
CIVIL ENGINEERING* LAND PLANNINGOLAND SURVEYING
5142 Franklin Drive Suite B, Pleasanton, CA. 94588 -3355
(925) 225 -0690
P:\legals \16034- 20\Fa11onAddtn1 r -o -w 09- 11= 01.doc
DATE
1.11, 1-%W.
EX CALTRANS ROW APN 985 -6 -1
N 00'26'33" E 309.24'
NOTE:
DISTANCES ARE GRID DISTANCES MULTIPLY
BY 1.0000973 TO OBTAIN GROUND LEVEL
DISTANCES.
THE BASIS OF BEARING IS NAD 83.
THE DISTANCES SHOWN ARE GRID
DISTANCES,
24,965 +/— SQ FT
Rev. 1/31/02
PLAT TO ACCOMPANY DESCRIPTION
I- 580 /FALLON ROAD
INTERCHANGE IMPROVEMENTS
FEE CONVEYANCE TO CITY OF DUBLIN
COUNTY OF AIAMEDA CAU
&;
INFRASTRUCTURE GROUP
CN L DWEDW • PLANNINO • LAND SURVEYING
SAN RAYON. CA S4b83 (925) 901 -1190
MACKAY & SOMPS IS NOT- RESPONSELE FOR THE ACCURACY OR COMPLETENESS OF
REPRODUCTIONS OF THIS DOCUMENT THAT ARE GENERATED BY OTHERS FROM ELECTRONIC MEDIA
SCALE: 1 " -50' DATE: JANUARY 2002 JOB N0. 11267 -09
CERTIFICATE OF ACCEPTANCE:
This is to certify that the interest in real property conveyed by this Deed or Grant, dated
January 31, 2002, from Chang Su-0 Lin and Hong Lien Lin, for a Grant Deed for a fee
conveyance for Fallon Road (a portion of APN 985- 0006 -001) to the City of Dublin, a
governmental agency, is hereby accepted by Lee Thompson, City Engineer, on behalf of the
Dublin City Council pursuant to authority conferred by Resolution No. 24 -87 of the Dublin City
Council, adopted on April 13, 1987, and the grantee consents to recordation thereof by its duly
authorized officer.
DATED: jy 2 ! 0,2A
P: \legals \16034 -20 \cert- accept - fallon - fee.doc
LEE THOMPSON, CITY ENGINEER
B
0 ltvof Dubl
100 Civic Center
Dublin, California 94568
r
RESOLUTION NO. 24 - 87
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * * * * * * * * * * * * * * **
RELATED TO THE DESIGNATION OF OFFICERS AUTHORIZED
TO ACCEPT AND DIRECT RECORDATION OF DEEDS
WHEREAS, the City Council is desirous of developing an
efficient mechanism for the acceptance of deeds; and
WHEREAS, Section 27281 of the California Government Code
(CGC) requires that deeds or grants conveying any interest in or
easement upon real estate to a governmental agency for public
purposes must meet specific requirements; and
WHEREAS, the requirements include evidence of a
certificate or resolution of acceptance attached to the deed or
grant prior to recordation; and
WHEREAS, Section 27281 provides that a governmental
agency may authorize one or more officers by general resolution to
accept and consent to such deeds or grants.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Dublin, pursuant to Section 27281 (CGC), does hereby
authorize the City Manager and /or the City Engineer to accept and
consent to such deeds or grants, conveying any interest in or
easement upon real estate, on behalf of the City of Dublin.
1987.
PASSED, APPROVED AND ADOPTED this 13th day of April,
AYES: Councilmembers Hegarty, Moffatt, Snyder,
Vonheeder and Mayor Jeffery
NOES: None
ABSENT: None
May , Or/
ATTE
City Cler
ATTACHMENT 4 - AERIAL LOCATION MAP
APPROXIMATE LOCATION OF CITY PROPERTY TO BE TRANSFERRED TO STATE
Aerial Photo 8/28/2012 — Source Google Earth