HomeMy WebLinkAboutReso 139-95 StMichael RESOLUTION NO. 139 - 95
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT WITH ST. MICHAEL INVESTMENTS
REGARDING PARALLEL ROAD LAND ACQUISITION
WHEREAS, in order to obtain mitigation funds from BART, the City must have complied with the
"Implementation of Improvements" as defined in the Memorandum of Understanding with BART; and
WHEREAS, acquisition of property for the road parallel to and south of Dublin Boulevard
("Parallel Road") is required to achieve "implementation"; and
WHEREAS, St. Michael Investments has agreed to deed the property to the City according to the
terms of the Agreement "Exhibit A";
NOW, THEREFORE, BE IT RESOLVED that the City Council approves the agreement with St.
Michael Investments attached hereto as "Exhibit A."
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 14th day of November, 1995.
AYES:
Councilmembers Barnes, Howard, Moffatt and Mayor Houston
NOES: None
AB SENT: Councilmember Burton
ABSTAIN: None
ATTEST:
~' ~k...Cil~ Clerk
Mayor
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K2/nov-95/resoroad.doc
Recording Requested by:
City of Dublin
When Recorded Mail To:
City Clerk
City of Dublir\
100 Civic Plaza
Duhlin, CA 94568
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Space above this lIne for Recorder's Use
AGREEMENT BElWEEN THE CITY OF DUBLIN
AND ST. MICHAEL INVESTMENTS
REGARDING PARALLEL ROAD
THIS AGREEMENT is entered into on October _, 1995, by and between the
CIn OF DUBLIN, a municipal corporation (hereafter "City") and ST. MICHAEL
INVESTMENTS, a California general partnership (hereafter "Owner").
Recitals
A. Owner is I.he owner or real properly localeu in the Cily or Dublin anu
i4~ntified as AsseSSOlJS Parcel NWllber 941-1500-049 (ltAPN 941-1500-049"). A copy
of the Assessor's map shmving the location of APN 94.h1500-049 is attached as Exhibit
b,.
B. City's Downtown Specifie Plan identifies the need for a new road parallel to
Dublin Boulevard between Amador Plaza Road and Golden Gate Drive (hereafter
"Parnllel Road").
C. Traffic from the proposed West Dublin BART station will contribute to the
need for the Parallel Road.
I
EXHIBiT 2,
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(&h;.b;t A ot 'R~nn)
D. A portion of Owner's property is required for the construction ofthe.I?arallel
Road.
E. City and Owner's predecessor, Enea Plaza, are parties to an agreement dated
December 14, 1987, entitled "City of Dublin Public Dedication Agreement," recorded
March 18, 1988, at 88-067737, wherein Owner agreed to submit an irrevocable offer of
dedication to City for a portion of Assessor's Parcel Nwnber 941-1500-049 (formerly a
portion of Assessor's Parcel Number 941-1500-040) and City agreed to accept SUch
offer of dedication at the time the Parallel Road "is to be improved," as defined therein.
.....
F. The City e:~tah1i~hed a right-of-way line for the Paranel Road (Ordinance: No.
19-88). Owner obtained a variance (hereafter "Variance") from City (Zoning
Administrator Resolution No. 91-045, PA 91-045) to allow construction ofa 300-
square foot gazebo within the established right-of-way line for the Parallel Road.
G. The Alameda County Transportation Authority (hereafter "ACTA") intends
to make improvements to the I-5801I-680 Interchange which improvements include
hook rcunps anu a porLioIl of lhe ParcUlel Roau. ACTA's projec.:l will 110l be t:OnsLrucLeu
Wlti1 approxi.niately $5.0 million in ''local contributions" has been obtauled from local
jwisdictions.
H. The acquisition of the portion of Owner's property needed for the Parallel
Road v.rill help City make a "local contribution" to the ACTA project.
NOW, THEREFORE, it is mutually agreed as follows:
1. Dedication Agreement.
This agreement shall supersede the "City of Dublin Public Dedication Agreement"
.o:uly as it relates to the method of transfer and the timing of the City of Dublin's right
to exe:rcise it.<; right to acquire: the right-of-way as re:ferenced in t.he: original agreeme:nt.
between the parties. The plan line location and the V\ridth of the proposed road shall
not be modified by either party as a result of the execution of this agreement.
2
2. Grant Deed.
Owner submits herewith a Grant Deed (hereafter "Grant Deed") to City of a
portion of Assessor's Parcel Number 941-1500-049 as shown on Exhibit B, attached
hereto (hereafter the "Deeded Property"). Owner agrees that City may accept such
Grant Deed at any time. Submission of the Grant Deed to City satisfies the obligations
of Owner's predecessor under the "City of Dublin Public Dedication Agreement." The
purpose of the Grant Deed is to allow for construction of the Parallel Road. r ':'-.
3. Encroachment Permit.
City will issue an encroachment permit to Owner pursuant to Dublin Municipal
Code Chapter 7.04 to allow for the continued use on the Deeded Property of the
existing uses, which consist of approximately 16,000 square feet of landscaping and
sidewalk, two driveways consisting of approximately 6,000 square feet of pavement and
a gazebo authorized by the Variance. City agrees to waive any peImit fees for the
encroachment permit and to waive the requirement of Dublin Municipal Code section
7.04.210 Ulal Owner proviue a bond. TIle encruachrnenl pennil will be subjecl lu Ule
same conditions of approval as the Variance, which conditions shall be revised, as
appropriate, and included in the encroacl1.ment permit.
The encroachment permit will terminate when a construction contract is awarded
by ACTA, City, or anothcr public cntity for construction of the portion of thc Parallel
Road that will traverse the Deeded Property. Until such a construction contract is
awarded, the encroachment permit will remain valid.
Pursuant to Dublin Municipal Code section 7.04.050, Owner will be liable for
any injuries occurring on the Deeded Property until the Encroachment Permit is
terminated.
The encroachment permit, onc.e issued, will supersede the Variance.
4. Maintenance of Deeded Property
Owner shall maintain the Deeded Property (including the gazebo, pavement,
landscaping and ancillary improvements). Owner's duty to maintain the Deeded
Property shall tenninate when the Encroachment permit terminates.
3
5. Property Taxes
\ .~
City will request cancellation of property taxes for the Deeded Property.
Thereafter, City ~""ill assist Owner in expediting any refund of previously paid taxes, to
the extent possible.
6. I-5801I-680 Interchange Project
: r.}:~
City will work cooperatively with Owner in discussions with ACTA and Caltrans
regarding design of the hook ramps which are palt of the 1-580\1-680 project in an
e:ffort. t.o a~~ure: that the: de:~ign (including land~c.aping of adjac.e:nt. are:a~) of the: hook
ramps is attractive and enhances the immediate area of the City where the hook ramps
will be located.
7. Certificate of Compliance
City shall prepare legal descIiptions for the t"vo parcels (hereafter" Remainder
Parcds"), as shown on Exhibil C - I aIlll Exhibil C-2, which will be crealeu following
the conveyance of the Deeded Pwperty. City will recon:1 a "Celtificate of Compliance"
pursuant to Govetnment Code section 66499.35 and Dublin Municipal Code section
9.04.050(G) stating that the Remainder Parcels comply with the Subdivision Map Act
and Chapter 7.04 of the Dublin Municipal Code. City shall pay all costs associated
with thc recordation of thc Certificatc of Compliancc and shall waivc any fccs for
issuance of such certificate.
8. Reimbursement for Lender's Costs
City will reimburse Owner for any costs Owner is required to pay to its lender in
connection with the release from the lien of the deed of tru.st for the Deeded Property or
in connection with the substitution of the Remainder Pareels for the property (APN
Y~U-1500-04Y) which correctly secures the lender's deed oftmst.
9. Traffic Impact Fees
City agrees that no traffic impact fees shall be imposed by City for future
development on Assessor's Parcel Numbers 941-1500-038-1, 94-1500-048, 941-1500-
049 and 941-1500-053.
4
10.
Storage of Vehicles.
. .
,'.
City agrees that it will impose a condition as part of any construction contract for
construction of the Parallel Road which prohibits storage of construction equipment and
materials on the Deeded Property during construction. If City is unable to impose such
a condition directly, it will take all steps within its power to preclude such storage.
11. Recordation
l=.-
A copy of this agreement shall be recorded by City with the Alameda County
Re:come:r.
CITI OF DUBLIN
Dated:
By:
Mayor
ArrEST:
City Clerk
Approved as to form:
City Attomey
--;:.
ST. MICHAEL INVESTMENTS, a Califomia
gene.ral part.ne:rnh ip....
Dated:
By:
Robert E. Enea, General Partner
5
By:
Elizabeth M. Enea, Surviving Trustee of
Enea Family Trust
State of California
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County of Alameda )
On
before me, a Notary Public,
personally appeared
personally knoV'm 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
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to me that he/she/they executed tlle same in his/helitllei.r authorized capacity(ies), and
that by his,lher/their signature(s) on the instrument the person(s), or the entity upon
......
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behalf of which the pcrson(s) acted, exccutcd the instnrmcnt.
WITNESS my hand and official seal.
NOTARY PUBLIC
]:\WPD\MNRSW\l H\AGREE\ENEA.W61
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ALAMEDA COUNTY
ASSESSOR'S PARCEL BOOK
BOOK 941 PAGE 1500
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EXHIBIT A
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19-006 :
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Recorded at the request of:
Uler Recording, return to:
Y OF DUBLIN
:-. j Engineer
P. O. Box 2340
Dublin CA 94568
Escrow No.
GRANT DEED
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:
as described in Exhibit "A"
Dated
,19_
STATE OF CALIFORNIA
COUNTY OF
)
)
SS.
ON
before me
-
NAME, TI11..E OF OFFICER
DATE
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 helshe/they executed the same in hislher/their authorized capacity(ies), and that by hislher/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.
(SEAL)
NOTARY PUBLIC SIGNATURE
Description of Document
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, andlor 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, adoptedoD April 13, 1987, and the grantee consents to the recordation
thereofby its duly authorized officer.
RlCHARD C. AMBROSE, CI1Y MANAGER
ANDIOR LEE THOMPSON, CITY ENGINEER
Dated:
By:
EXHIBIT 1!;
~ A-'3re.e~
EXHIBIT "A"
Legal Description
(Right of Way Portion of Parcel B)
Real property situate in the City of Dublin, County of Alameda, State of California, described as
follows:
Being a portion of Parcel B as said parcel is s~own on Parcel Map 5783 filed in Book 189 at Page
59 in said county described as follows:
Commencing at the northwesterly comer of said parcel; thence along the westerly line of said
parcel S.2l005'47"E.(said bearing being for the purpose of this description), 168.14 feet to the
POINT OF BEGINNING; thence leaving said westerly line N.68054'13"E., 284.92 feet to a
curve to the left having a radius of 3 0.00 feet, a delta of 102006'40"; thence along said curve an
arc length of 53.46 feet to a point of cusp, said point of cusp being on the easterly line of said
parcel and a curve to the right having a radial which bears N.56047'33"E., a radius of769.95
feet, a delta of5005'25"; thence southerly along said easterly line and curve an arc length of
68.40 feet to a curve to the right having a radius of2519.82 feet, a delta of 1027'47"; thence along
said curve an arc length of 63.34 feet to a point of cusp being a curve to the left having a radial
which bears N.63020'45 "W., a radius of30.00 feet, a delta of 84026'32"; thence leaving said
easterly line and along said curve northerly and northwesterly an arc length of 44.21 feet; thence
S.68054'13"W., 302.81 feet to the westerly line of said parcel; thence N.2l 005'47"W., 67.99 feet
to the point of beginning.
CONTAINING 0 .5l9 Acres:f:
The bearings and distance used in the above description are on the California Coordinate System
of 1983, Zone 3. Multiply the abov~ distances by 1.00007045 to obtain ground level distances.
PRlNTDATE Oclobc:rS, 1995
6Inv..DEE
...
Legal Description
(Northerly Portion of Parcel B)
Real property situate in the City of Dublin, County of Alameda, State of California, described.as
follows:
Being a portion of Parcel B as said parcel is shown on Parcel Map 5783 filed in Book 189 at Page
59 in said county described as follows:
.' H.~
Beginning at the northwesterly corner of said parcel; thence along the northerly line of said parcel
the following three courses: 1) N.68054'13"E.(said bearing being for the purpose of this
description), 113.49 feet; 2) S.21005'47"E., 64.65 feet; 3) N.68054'13"E., 183.14 feet to the
easterly line of said parcel and a non-tangent curve to the right having a radial which bears
N.51037'l6"E., a radius of769.95 feet, a delta of 5010' 17"; thence southerly along said cUlve an
arc length of69.50 feet to a compound curve having a radius of30.00 feet, a delta of 102006'40";
thence along said curve an arc length of53.46 feet; thence S.68054'13"W., 284.93 feet to the
westerly line of said parcel; thence N.21 oOS'47"W., 168.l4 feet to the point of beginning.
CONTAINTh1G 0.898 Acres:i:
The bearings and distance used in the above description are on the California Coordinate System
of 1983, Zone 3. Multiply the above distances by 1.00007045 to obtain ground level distances.
PRWr DATE OclObcr S, 1995
NORTIm.DEE
..-
. EXHIBIT (!,f
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"
Legal Description
(Southerly Portion of Parcel B)
,"
Real property situate in the City of Dublin, County of Alameda, State of California, described as
follows:
Being a portion of Parcel B as said parcel is shown on Parcel Map 5783 filed in Book 189 at Page
59 in said county described as follows:
Commencing at the northwesterly corner of said parcel; thence along the westerly line of said
parcel S.2lo05'47"E.(said bearing being for the purpose of this description), 236.13 feet to the
POINT OF BEGINNING; thence leaving said westerly line N.68054'13"E., 302.81 feet curve to
the right having a radius of30.00 feet, a delta of 84026'32"; thence along said curve an arc length
of 44 .21 feet to the easterly line of said parcel and a compound curve having a radi~s of 2519.82
feet, a delta of6028'11"; thence along said easterly line and curve an arc length of284.54 feet to
southerly line of said parcel; thence along said southerly line S.68054'13"W., 344.19 feet to the
westerly line of said parcel; thence along said westerly line N.2l 005'4 7"W., 311.25 feet to the
point of beginning.
CONTAINING 2.428 Acres :f:
The bearings and distance used in the above description are on the California Coordinate System
of 1983, Zone 3. Multiply the above distances by 1.0000704510 obtain ground level distances.
PRINT DATE. Oc:lobc:r S, 1995
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