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Home My WebLink About4.04 GrntEsmtDSRDFireSt18CITY CLERK AG EN DA STATEMENT CITY COUNCIL MEETING DATE: September 16, 2003 'SUBJECT: Approval of Grant of Easement to Dublin San Ramon Services District (DSRSD) for Fire Station No. 18 Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) 2) 3) Resolution Approving Grant of Easement to DSRSD Fire Station No. 18 Grant of Easement (City of Dublin to DSRSD) Location Map for RECOMMENDATION: ~Adopt Resolution Approving Grant of Easement to DSRSD for Fire r'' --~ Station No. 18 FINANCIAL STATEMENT: The proposed Grant of Easement will have no financial impact to the City. DESCRIPTION: As part of the development of Fire Station No. 18 located at 4800 Fallon Road in Dublin Ranch, Area A, DSRSD has asked the City to grant an easement for Public Utility and Right-of-Way for a fire service waterline that extends across the site. The waterline serves an on,site fire hydrant. The easement will allow DSRSD access for maintenance of the fire hydrant and waterline serving the fire station. The City recently acquired title to the fire station property via a Grant Deed from DR Acquisitions, LLC (Chang Su-O Lin, Hong Yao Lin, and Hong Lien Lin), and can now convey the easement to DSRSD. To effect the easement conveyance, DSRSD has prepared a Grant of Easement document for execution by the City. Staff recommends that the City Council adopt the Resolution approving the Grant of Easement to DSRSD for Fire Station No. 18. COPIES TO: G:'~DEVELOP~Fire Stations~Fire Station 18\agst easement DSRSD.doc Bert Michalczyk, DSRSD Martin Inderbitzen, DR Acquisitions RESOLUTION NO. - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVAL OF GRANT OF EASEMENT FOR PUBLIC UTILITY AND RIGHT-OF-WAY TO DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) FOR FIRE STATION NO. 18 WHEREAS, the City of Dublin (City) acquired title to the property for Fire Station No. 18 located at 4800 Fallon Road via a Grant Deed recorded on August 22, 2003, as Series No. 2003499117; and WHEREAS, DSRSD has asked the City to grant an easement for Public Utility and Right-of-Way purposes across said Fire Station No. 18 property to allow DSRSD access for maintenance of water facilities; and WHEREAS, DSRSD has presented a Grant of Easement document to the City for execution by the Mayor; and WHEREAS, it is to the benefit of the City to grant said easement to DSRSD; NOW, THEREFORE, BE IT RESOLVED that the easement on the Fire Station No. 18 property at 4800 Fallon Road, as more particularly described on the Grant of Easement referenced herein, is hereby granted to DSRSD pursuant to the terms contained within the easement document. BE IT FURTHER RESOLVED that the City Council hereby directs and authorizes the Mayor to execute the Grant of Easement. BE IT FURTHER RESOLVED that the City Clerk shall assure that the executed' Grant of Easement document, along with a certified copy of this Resolution, is returned to DSRSD for subsequent acceptance and recording. PASSED, APPROVED AND ADOPTED this 16th day of September, 2003. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk GADEVELOPXFire StationsXFire Station 18h:eso easement DSRSD.doc 4.4 qt lo3 Recording Requested By: And When Recorded Mail To: Dublin San Ramon Services District 7051 Dublin Boulevard Dublin,-CA 94568 Mail Tax Statements To: Space Above This Line For Recorder's Use No Tax Due Nancy Gamble, District Secretary Dublin San Ramon Services District EASEMENT NO. AFFECTS A.P.N. 985-0008-030-3 ESCROW NO. GRANT OF EASEMENT By this instrument dated The CITY OF DUBLIN, a municipal corporation for a valuable consideration; hereinafter "GRANTOR", being owners of the real property described in Exhibit"A" attached hereto and incorporated by this reference, hereby GRANTS to DUBLIN SAN RAMON SERVICES DISTRICT, a political subdiv/sion organized and existing under the community services district laws of the State of California, Counties of Alameda and Contra Costa, the following described interest in the real property located in the State of California, County of Alameda, City of Dublin: a perpetual Public Utility and Right of Way Easement for the purpose of excavating, installing, constructing, reconstructing, repairing, maintaining and operating improvements including but not limited to sanitary sewer lines and/°r water lines and all appurtenances thereto, together with the right of ingress and egress therefor, in, under, over, along and across that certain land: As described in Exhibit "B" attached hereto and incorporated by this reference. GRANTOR hereby agrees to refrain from building, erecting or allowing any structure, or improvement over the easement herein granted. IN WITNESS WHEREOF, GRANTOR has executed this Grant of Easement as of the day and year frrst above written. GRANTOR H:~ENGDEPT\TEMPLATE\FORM~Pe~nitting\EA SEMNT2.DOC . W:\AUGUST\2002\Legal Descriptions\0830 EASEMENT A01609-1 MJF.DOC EXHIBIT "A" DESCRIPTION OF GRANTOR'S PROPERTY BEING A PORTION OF THAT CERTAIN PARCEL OF LAND DESIGNATED AS: "RESULTANT REMAINDER NO. 4" "LOT LINE ADJUSTMENT NO. 'L-99-19" AS RECORDED ON THE 10TM DAY OF APRIL 2000 IN SERIES NO. 2000106747, OFFICIAL RECORDS OF ALAMEDA COUNTY, CALIFORNIA, LYING AND BEING IN THE CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHWESTERLY TERMINUS OF THE NORTHWESTERLY PROPERTY LINE OF "PARCEL 'C" COMMON TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF "BENT TREE DRIVE" AS SHOWN UPON THAT CERTAIN FINAL MAP ENTITLED: "TRACT 7142" AS FILED ON THE 21 ST DAY OF AUGUST, 2001 IN BOOK 261 OF MAPS AT PAGES 5 TO 10, OFFICIAL RECORDS OF ALAMEDA COUNTY, CALIFORNIA [SAID NORTHWESTERLY PROPERTY LINE MEASURED WITH "NORTH 29° 58' 42" EAST, 306.23 FEET"]; THENCE DEPARTING FROM SAID TERMINUS POINT TRAVERSING THROUGH "FALLON ROAD" AS SHOWN UPON SAID MAP AND ENTERING SAID "RESULTANT REMAINDER NO. 4" PARCEL SOUTH 28° 15' 00' WEST, 168.90 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF "FALLON ROAD" AS DESCRIBED IN THE DEED AS RECORDED ON THE 31sT DAY OF AUGUST, 2001 IN SERIES NO. 2001328859, AND RE-RECORDED ON THE 1ST DAY OF OCTOBER 2001 IN SERIES NO. 2001373800, ALAMEDA COUNTY RECORDS, CALIFORNIA; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 61 ° 45' 00" EAST, 13.47 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING FROM SAID RIGHT OF WAY LINE AND CONTINUING TRAVERSING THROUGH SAID "RESULTANT REMAINDER NO. 4" PARCEL THE FOLLOWING THREE (3) COURSES AND DISTANCES: (1) PERPENDICULARLY IN A SOUTHWESTERLY DIRECTION SOUTH.28° 15' 00" WEST, 210.00 FEET; (2) PERPENDICULARLY IN A NORTHWESTERLY DIRECTION NORTH 61 ° 45' 00" WEST, 165.00 FEET; (3) PERPENDICULARLY IN A NORTHEASTERLY DIRECTION NORTH 28° 15' 00" EAST, 210.00 FEET TO A POINT ON THE AFORESAID SOUTHWESTERLY RIGHT OF WAY LINE; THENCE SOUTH 61° 45' 00" EAST, 165.00 FEET TO SAID POINT OF BEGINNING. W:LAUGUST\2002\Legal Descriptions\0830 EASEMENT A01609-1 MJF.DOC EXHIBIT "B" DESCRIPTION OF PUBLIC UTILITY AND RIGHT OF WAY EASEMENT IN FAVOR OF DUBLIN SAN RAMON SERVICES DISTRICT FOR FIRE SERVICE WATER LINE TO CITY OF DUBLIN, DUBLIN RANCH FIRE STATION #18 BEING A PORTION OF THAT CERTAIN PARCEL OF LAND DESIGNATED AS: "RESULTANT REMAINDER NO. 4" "LOT LINE ADJUSTMENT NO. 'L-99-19" AS RECORDED ON THE 10TM DAY OF APRIL 2000 IN SERIES NO. 2000106747, OFFICIAL .RECORDS OF ALAMEDA COUNTY, CALIFORNIA, LYING AND BEING IN THE CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE MOST SOUTHWESTERLY TERMINUS OF THE NORTHWESTERLY PROPERTY LINE OF "PARCEL 'C" COMMON TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF "BENT TREE DRIVE" AS SHOWN UPON THAT CERTAIN FINAL MAP ENTITLED: "TRACT 7142"AS FILED ON THE 21ST DAY OF AUGUST, 2001 IN BOOK 261 OF MAPS AT PAGES 5 TO 10, OFFICIAL RECORDS OF ALAMEDA COUNTY, CALIFORNIA [SAID NORTHWESTERLY PROPERTY LINE MEASURED WITH "NORTH 29° 58' 42" EAST, 306.23 FEET"J; THENCE DEPARTING FROM SAID TERMINUS "RESULTANT REMAINDER NO. 4" PARCEL SOUTH 28° 15' 00' WEST, 168.90 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF"FALLON ROAD" AS DESCRIBED IN THE DEED AS RECORDED ON THE 31sT DAY OF AUGUST, 2001 IN SERIES NO. 2001328859, AND RE-RECORDED ON THE 1ST DAY OF OCTOBER 2001 IN SERIES NO. 2001373800, ALAMEDA COUNTY RECORDS, CALIFORNIA; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 61° 45' 00" WEST, 140.07 FEET TO THE ACTUAL POINT OF BEGINNING; THENCE DEPARTING FROM SAID RIGHT OF wAY LINE AND CONTINUING TRAVERSING THROUGH SAID "RESULTANT REMAINDER NO. 4" PARCEL THE FOLLOWING TWO (2) COURSES AND DISTANCES: (1) PERPENDICULARLY IN ASOUTHWESTERLY DIRECTION SOUTH 28° 15'00"WEST, 116.23 FEET; (2) PERPENDICULARLY IN A NORTHWESTERLY DIRECTION SOUTH 61 ° 45' 00" EAST, 24.79 FEET TO THEN END OF THIS DESCRIPTION AND CONTAINING 2,115 SQUARE FEET, MORE OR LESS. A PLAT OF THE ABOVE DESCRIBED EASEMENT IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS EASEMENT DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITHY THE PROFESSIONAL LAND SURVEYOR'S ACT, AND SHALL NOT BE UTILIZED IN ANY CONVEYANCE wHICH MAY VIOLATE THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA QR LOCAL ORDINANCES. EXECUTED THIS ~ DAY OF ~'~¢~'-'~¢~'~- KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC. MICHAEL J. FOLEY PROFESSIONAL LAND SURVEYOR STATE OF CALIFORNIA, NUMBER 5777 LICENSE EXPIRES: 06/30/04 ,2002 W:~AUGUST\2002\Legal Descriptions\0830 EASEMENT A01609-1 MJF,DOC I .61 ~ ....... · I ~ I¢!. 40 ~ ~ / PARCEL / TF~AC-F 7141 I ~ ~ ~ '='- 1-4 k T~ACT 7142 / I / I FALLON F~OAD J PEF~ TF~ACT 7-J3d ~og M, 67-63 N61 '45 '00 "W 1426. 77' ~ j o o - A.P.O,B. FALLON ROAD ~.46' ~ ~ & SE~I[S ~o. 200~373~00 P.O.B. N61'45'OO"W X ~ DESCRIBED PROPERTY ~.~.~' (T¢/~/ ~.0.~.).~.~~'45'00"~_ _ ~65.00' I "~ N6~"45'oo"w ~40.07' ~" ~ I 7.5' · ~ I1 ~ 7.5' PORIIO~ OF I CL OF 15' WIDE ~ I -- WATER LINE ~~ . EASEMENT - o/~ ~. ~ 24.70' LEO[~D ~ ~'45'oo"w ~ ~5. oo' . A.P.O.B ACTUAL POINT OF BEGINING 5cole I = 50 ft P.O.C POINT OF COMMENCEMENT SESET 2/2 ~~ "B" scAL~ ~"=50' KIER & WRIGHT P~UC ~ DAT~ 9/03/02 CIVIL ENGINEERS ~ SURVEYORS. INC. ~G~ O~ ~A~ 1255 Ouar~ Lane, suite 145 (925) 249-6555 ~0~ D.S.~.~. Pl.,s,,~o,. c~,fo~.i, ~4~66 F,x (9~5) 24~-65~S D~ ~CB ~ ~A~ON NO. 18 ~ ~A CO~ C~~: JOB NO. A01609-1 ~ERTIg~ATE ~FA~EPTAN~ This is to certify that the interest in real property conveyed by the Grant of Easement dated 2003 from , to Dublin San Ramon Services District, a public agency in the State. of California, Counties of Alameda and Contra Costa, is hereby accepted by the undersigned officer or agent on behalf of said community services district, pursuant to authority conferred by Resolution No. 43-61 of the governing board of said district, adopted on May 15,'1961, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: By: BERT L. MICHALCZYK General Manager Bert L. Michalczyk, being duly sworn, hereby declares, under penalty of perjury, that the foregoing is tree and correct. Date Bert L. Michalczyk State of California ) County of Alameda ) )SS. Subscribed and swom to (or affmued) before me this day of ., Date Month Year by LO(~AT! ON MA°-'~ FIRE SERVICE FIREHYDRANT ~IMIT OF -~ WORK FALLON ROAD W0~K O~T,~L CITe.) FIRE STATION NO. 18