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HomeMy WebLinkAboutItem 8.5 EmeraldGlenPark-ACSPACITY CLERK FILE # 600-40 AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 19, 1999 SUBJECT: Purchase Agreement with Surplus Property Authority of Alameda County for 4.920 Acres of Emerald Glen Park Report by Diane Lowart, Parks & Community Services Director ATTACHMENTS: 1. Agreement 2. Budget Change Form RECOMMENDATION: FINANCIAL STATEMENT: 1. Approve Agreement and Authorize Mayor to Execute Same 2. Approve Budget Change Form Cost to City - $2,066,400; a-Budget Transfer liom the Dedication Fund Reserve is needed. Park DESCRIPTION: At the August 3, 1999 meeting oft he City Council, the Council approved Final Parcel Map 7355 (Emerald Glen). The Final Parcel Map established two parcels for the City's Emerald Glen Park. Parcel 4 comprises 26.107 acres and represents Phase I of Emerald Glen Park. To date, the Alameda County Surplus Property: Authority has been obligated to dedicate 24.667 acres to the City to satisfy the County's dedication requirement under 'the City~s Quimby Act Ordinance and the City's Public Facilities Fee resolution for development of projects on County property. Of this amount, 3.48 acres is for street right-of-way adjacent to the park and the remaining 21.187 acres is for Phase I of the park. The City will need to pay for the balance of the 4.920 acres that comprise Para,el 4. The City Attorney has prepared a purchase agreement between .the City and the Surplus Property Authority of Alameda County (Attachment 1). The County has agreed to sell the property to the City for the sum of $2,066,400, which reflects payment for the 4.920 acres at $420,000 an acre. The per acre cost' is equivalent to the land value used in establishing the current Public Facilities Fee for community park land. In order to effect the purchase, a budget change is required. Although there are funds available in the Public Facility and Park Dedication Funds, the purchase of the 4.920 acres was not anticipated during this fiscal year. Consequently, funds were not budgeted for the purchase~ Staff has prepared the appropriate Budget Change Form (Attachment 2). The discrepancy in the amount of acreage needed for the Phase I development came about as a result of the final engineering for the park site and the adjacent creek and street alignments. Additionally, when the Final Parcel Map was done, it was decided that the site of the future maintenance yard in the northwest comer of the park as'well as the undeveloped southeast comer of the park be included in Parcel 4. The reason for the additions is so that the parcel 'boundaries are more in line with the adj.acent streets and F:\ernrldgle\phase 1Xcc i 05 i purchag. doc COPIES TO: Surplus Properly Authority of Alameda County ITEM NO. '1~I~ improvements. The Capital Improvement Program (CIP) anticipated the purchase of the balance of~the park acreage in Fiscal Year 2001-2002. The amount to be purchased will be reduced by 4.920 acres when the CIP is updated next Fiscal Year. It is therecommendation of Staff that the City Council take the following action: 1) 2) 3) Approve Agreement Between Surplus Property Authority of Alameda County and City of Dublin Regarding Purchase of Real Property for Emerald Glen Park Authorize Mayor to Execute Agreement Approve Budget Change Form -2- AGREEMENT BETWEEN SURPLUS PROPERTY AUTHORITY OF ALAMEDA COUNTY AND CITY OF DUBLIN REGARDING PURCHASE OF REAL PROPERTY FOR EMERALD GLEN PARK This agreement is made this 19th day of October, 1999, by and between the Surplus Property Authofity of the County of Alameda, California, a public corporation (hereafter "Authority") and the City of Dublin, a municipal corporation (hereafter "City"). RECITALS A. Authofity is the owner of the real property referred to hereinaf[er as the "Property." The Property, which consists of 26.107 acres, is located in the City of Dublin, County of Alameda, consists of Parcel 4 on Map No. 7355, recorded on September 1, 1999 in Alameda County Records at 99-335919, Book of Parcel Maps 246, pp. 35-42. B. The City will be constructing Emerald Glen Park in phaseS". The Property is needed for construction of Phase 1. C. Authofity is obligated to dedicate 20.06 acres of the Property to City to satisfy Authofity's dedication requirement under City's Quimby Act Ordinance and City's Public Facilities Fee resolution for development of the following projects: (1) California Creekside; (2) SummerGlen; (3) Jefferson at Dublin; (4) the Villas at Santa Rita; (5) Tassajara Meadows II; and (6) Toll Brothers. Authority has previously been granted credits for the dedication of a total of 20.06 acres for such projects and such credits have been used or will be used by the developers of such projects against payment of their obligation for the "community park, land" and "neighborhood park, land" component of the Public Facilities Fees and the Quimby Act Ordinance. In addition, Authority has agreed to dedicate an additional 4.607 acres for which Authority has received a credit of 4.607 acres, which has not been used to date. CDeirelopment Agreement Between the City of Dublin and Toll CA and Surplus Property of Alameda County for Toll Project".) The total of 20.06 and 4.607 acres is 24.667 acres. D. A 3.48 acre portion of the 24.667 acres is needed as fight-of-way for streets for Gleason Drive, Tassajara Road and Dublin Boulevard adjacent to the Property and Parcel 1 on Tentative Map 7355. Such dedications were made on Final Map 7357 and Final Map 7355, and have been accepted by City. .. Agreement Between Surplus Property of Alameda County and City of Dublin Regarding Purchase of Real Property for Emerald Glen Park Page 1 of 3 October 7, 1999 ATTACHMENT 1 E. City needs to acquire an additional 4.920 acres of the Property by purchase for purposes of constructing Phase I of ]Emerald Glen Park. F. Authority has agreed to sell The Property to City for the sum of Two Million Sixty- Six Thousand and Four Hundred Dollars ($2,066,400), which reflects payment for 4.920 acres at $420,000 an acre. Authority will convey the remaining 24.667 acres of The Property (less the 3.48 acres dedicated for right-of-way) to City to satisfy its obligations for park dedication described in Recital C above (20.06 acres and 4.607 acres)'. G. The purpose of this agreement is to provide for conveyance of the Property to City, to compensate the Authority for the portion of the Property that is not required to be dedicated, and to document the credit for dedication of the 3.48 acres for street purposes. AGREEMENT The foregoing recitals are true and correct and ire a part of this agreement. $2,066,400. Authority agrees to sell and City agrees to purchase the Property for the sum of 3. City shall pay Authority the sum of $2,066,400 for the Property when title to said Property vests in City, free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded), and taxes except for exceptions to Title No. 1, 3 and 4 shown in Chicago Title Company's Preliminary Report (Order #980754 - MEW) dated September 1, 1999 (Third Amendment). ,~- 4. Authority agrees, upon full payment of the purchase price, to make, execute and deliver to City a good and sufficient grant deed to the Property in a form attached as Exhibit A. No restfictions will be included in the grant deed. 5. City will record the grant deed. City will pay for the premium for any title insurance policy City chooses to purchase. 6. Authority warrants that there are no oral or written leases on all or any portion of the Property exceeding a period of one month. 7. City agrees to accept the Subject Property "as is," in reliance on the following reports: "Phase I Environmental Site Assessment," dated September 11, 1998, and "Phase 2 Surface Soil Investigation," dated January 13, 1999, both prepared by Treadwell & Rollo which conclude that the Property is free of the presence of hazardous and/or toxic materials, substances or chemicals Agreement Between Surplus Property of Alameda County and City of Dublin Regarding Purchase of Real Property for Emerald Glen Park Page 2 of 3 October 7, 1999 in, on or below the Property or the ground water which would make the Property unfit for use as a park. 8. Any obligation for school mitigation pursuant to the "Agreement to Provide School Facilities Mitigation," recorded May 23, 1996, as revised and recorded May 16, 1997, shall be borne by Authority. 9. City has provided a credit to Authority for the 3.48 acres dedicated to the City. The credit has been used by Authority (or its assignees) against Authority's (or its assignees') obligations under Dublin Municipal Code Chapter 9.28 for "community park, land" and "neighborhood park, land" and the portion of the Public Facilities Fee for "community park, land" and "neighborhood park, land". IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. CITY OF DUBLIN SURPLUS PROPERTY AUTHORITY OF THE COUNTY OF ALAMEDA Guy S. Houston, Mayor ATTEST: Adolph Martinelli, Manager City Clerk Approved as to form: City Attorney J :\WPDxMNRSWM 14\001 \ 1999XAGREEXEMPARK_o07 .wpd EHS:rja Agreement Between Surplus Property of Alameda County and City of Dublin Regarding Purchase of Real Property for Emerald Glen Park Page 3 of 3 October 7, 1999 Recorded at the request of: After Recording, return to: SURPLUS PROPERTY AUTHORITY OF ALAMEDA COUNTY Attention: Pat Cashman 224 W. Winton Avenue, Rm. 110 Hayward, CA 94544 GRANT DEED Surplus Property Authority of the County of Alameda, California, a public corporation, does grant unto the CITY OF DUBLIN all right, title and interest in and to all that real property situate in the City of Dublin, County of Alameda, State' of California, described as follows: All of Parcel 4 as shown on Parcel Map 7355 filed September 1, 1999 in the Officials Records of Alameda County, in Book 246 of Parcel Maps, Page 35-42 Series No. 99-335919 Containing 26.107 acres, more or less Dated ,19 Surplus Property Authority of the County of Alameda, California, a public corporation By: A TTA CH NOTARIZA TION This is to certify that the interest in real property conveyed herein to the City of Dublin, a governmental agency, is hereby accepted by Richard Ambrose, City Manager, and/or 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 the recordation thereof by its duly authorized officer. R/CHARD C. AMBROSE, CITY MANAGER AND/OR LEE THOMPSON, CITY ENGINEER Dated: By: C:\WINDOWSWEMP\empark_grantdeed_o07.doc CITY OF DUBLIN BUDGET CHANGE FORM CHANGE FORM # New Appropriations (City Council Approval Required): Budget Transfers: From Unappropriated Reserves From Budgeted Contingent Reserve (1080-799.000) Within Same Department Activity X__ From New Revenues Between Departments (City Council Approval Required) Other .~;~! 5)"7 'DECREi~iSE' BUDGE'[ ACCOUNT' "~'.!:,:' i!'!: ":.:7'L&MOUNT25:Y::;: '7; ~! 2'.,iz7'::~, iNC'~i~iSE':'ZBLr!jGET~:ACCOL~NT, i:' :2, ."! )~a~IOUNT: Name: Name: Park Dedication Impact Fees $2,066,400 Account #: Account #: 315-570-004 Name: Name: Emerald Glen Park Land $2,066,400 Account#: Account#: 310-9560-750-010 Name: Name: Account #: Account #: Name: Name: Account #: Account #: Name: Name: Account #: Account #: Name: Name: Account #: Account #: REASON FOR BUDGET CHANGE ENTRY: To purchase park land at Emerald Glen Park in order to proceed with the construction of Phase I. City Manager: Date: Signature As Approved at the City Council Meeting on: Date: Mayor: Date: Signature Posted By: Date: Signature ATTACHMENT 2