HomeMy WebLinkAboutReso 083-94 US-DubBl ROW RESOLUTION NO. 83-94
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ACCEPTING QUITCLAIM DEED FROM UNITED STATES OF AMERICA
FOR ROAD RIGHT-OF-WAY FOR DUBLIN BOULEVARD
WHEREAS, in 1991, the City of Dublin entered into an Agreement with the City of
Pleasanton, the County of Alameda, and the County of Alameda's Surplus Property Authority for
construction of the extension of Dublin Boulevard and Hacienda Drive between the Southern Pacific
Railroad right-of-way and Tassajara Road; and
WHEREAS, said Agreement provided that the County of Alameda would take steps
necessary to obtain and dedicate, or arrange for dedication of, right-of-way through Federally-held
property on Camp Parks; and
WHEREAS, the County of Alameda has obtained a Quitclaim Deed from the United
States of America to the City of Dublin for road right-of-way for Dublin Boulevard; and
WHEREAS, said Quitclaim Deed is acceptable to the City of Dublin;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does hereby accept the quitclaim deed attached hereto as Exhibit "A."
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Certificate of Acceptance.
PASSED, APPROVED, AND ADOPTED this 22nd day of August, 1994.
AYES: Councilmembers Burton, Houston, Howard, Moffatt,
and Mayor Snyder
NOES: None
ABSENT: None
a: (9495) taugusttresoquit
" ' .... ' EXHIBIT "A" OF RESOLUTION
WHEN RECORDED RETURN TO:
No Documentary transfer tax due
Attorney
QUITCLAIM DEED
THIS INDENTURE, made and entered into between the UNITED STATES OF
AMERICA, hereinafter referred to as Grantor, acting by and through the Secretary of the
Army pursuant to Section 2821; Part C, National Defense Appropriations Act for FY
1989, Public Law 100-456 dated 28 September 1988 and the CITY OF DUBLIN, State
of California, hereinafter referred to as the Grantee.
WITNESSETH THAT:
WHEREAS, the UNITED STATES is the owner of that certain real property
situated in the City of Dublin, County of Alameda, State of California, known as the
Transportation Area and identified as such in the certain Three-Party Exchange Agreement
between County of Alameda, East Bay Regional Park District and the UNITED STATES
of America pertaining to exchanges of land at Parks Reserve Forces Training Area herein
after referred to as said Agreement; and,
WHEREAS, the parties agreed to conclude a simultaneous three-party exchange
of their properties whereby, as identified in said Agreement, the Tassajara Property will
be conveyed by the East Bay Regional Park District, to the UNITED STATES; the
Arroyo Property will be conveyed by the County of Alameda, California, to the District;
and the Transportation Area Property will be conveyed by the UNITED STATES to the
County of Alameda; and, for the convenience of the County and for the benefit of
County's County-wide road transportation system, the Road Extension Property will be
conveyed by the Army to the City of Dublin, all of which is stipulated in said Agreement;
and,
WHEREAS, the UNITED STATES, having independently considered and
thoroughly investigated the matter, the UNITED STATES declares that the property it will
receive in this exchange and the property conveyed by this instrument have substantially
equal value and the property hereby granted by this instrument is so done for good and
valuable consideration as specified in said Agreement; and,
WHEREAS, the environmental issues have been addressed in: The Environmental
Impact Report for the Dublin-Pleasanton Extension Project, certified on 8 February 1990,
which is available for review at Bay Area Rapid Transit District offices, Oakland
California, The Final Preliminary Assessment Screening of September 1991, and the
Preliminary Assessment Screening of December 1993, prepared by Woodward-Clyde
which is available at the offices of the U.S. Army Corps of Engineers, Sacramento
District, 1325 "J", Sacramento, California; and,
WHEREAS, the UNITED STATES is conveying its real and personal property in
an "AS IS CONDITION" which includes, without limitation, all physical, structural,
mechanical or electrical components with existing defects, if any, on any portion of the
property conveyed, and all defects or conditions of the soil, including geologic hazards,
if any, in, under or upon such Property. Each party to said Agreement has conducted its
own investigation of the Property it will receive under the terms of said Agreement and
is relying solely on the provisions of Section 4.1 of said Agreement and on such
investigation as to the condition thereof.
NOW, THEREFORE, the UNITED STATES, for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby
REMISE, RELEASE and forever QUITCLAIM, unto the City of Dublin, State of
California, their successors, or assigns, subject to certain reservations as specified below,
all such interest, right, rifle, demand and claim, as the UNITED STATES has in and to
that certain real property lying and being in the County of Alameda, State of California,
described in Exhibit "A" attached hereto and made a part hereof, restrictions and
conditions, exceptions, and reservation of property and fights hereinafter set out.
The property is conveyed on an as is basis and the government does not warrant
that the property can be used for its intended purposes.
Excepting from this conveyance existing easements and rights of way, whether
recorded or not, and reserving to the UNITED STATES Perpetual and assignable
Easements for and of such type and extent as are required for the purpose of operaring,
maintaining, erecting, replacing or removing such utilities as exist in the above described
area and are owned by the UNITED STATES to include gas lines, electrical lines,
telephone lines, sewer lines, water lines, and drainage systems; and,
Further excepting from this conveyance utility easements as may be required and
as currently exist, by entities owning and supplying such services to the UNITED
STATES.
2
TO HAVE AND TO HOLD the above quitclaim premises, together with all the
hereditament and appurtenances thereunto belonging or in any way appertaining to the said
Grantee and its assigns forever.
This conveyance is not subject to the provisions of 10 USC 2662.
WITNESS MY HAND AND SEAL, this / ~7~ day of ~.~-'c~ ~ ~_. ,1994.
THE UNITED STA S OF AMERICA
DEPARTMENT OF ARMY
BY" ~
SEC TARY OF THE
ACKNOWLEDEGMENT
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY OF ARLINGTON
BEFORE ME, A Notary Public in and for the Commonwealth of Virginia, County
of Arlington, personally appeared '7"'~6oo ~"~. CA./l~ .<. 'r) ~-~-~ , to me known to
be the identical person, an officer whose name is subscribed to the foregoing instrument,
and who acknowledged to me that he executed the said instrument in the capacity therein
stated for the purposes therein expressed as the act and deed of the United States of
America.
/
Given under my hand and seal, this Z day ojzd/nz- ,1994.
NOTARY PUBLIC
My Commission Expires:
PARKS RESERVE FORCES TRAINING AREA
PARCEL 1
A PORTION OF TRACT A
All that certain real property situated in the City of
Dublin, County of Alameda, State of California, more particularly
described as follows:
A strip of land having the universal width of 160.00'feet,
right angle measurement, being 65.00 feet on the southerly and
southeasterly side and 95.00 on the northerly and northwesterly
side-of the herein described center line:
COMMENCING for reference at the southeastern corner of lot
5, as said lot is delineated and so designated on that certain
map entitled "Tract 4978" etc., filed june 5, 1984, in Book 145
of Maps at pages 3 through 5 thereof, Records of Alameda County,
California, and running thence along the northeastern line of
said.lot 5",'said line also being the southwestern line of that
certain parcel of land described as Parcel 3 in the deed from The
Southern Pacific Transportation Company, a Delaware corporation,
to the County of Alameda, dated November 27, 1985, and recorded
December 12, 1985, as Series No. 85-264889, Official' Records of
Alameda County, California, North 46° 29' 26" West (the bearing
of said line being taken as North 46° 29' 26 West for the purpose
of making this description), 49.77 feet to an intersection
thereof with a line drawn parallel with the southern line of said
Lot 5, Tract 4978 and distant northerly, 33.50 feet measured at
right angles thereto; thence along said parallel line and the
direct production easterly thereof, South 88° 47' 37" East,
148.58 feet to a point on the northeastern line of the aforesaid
Parcel 3 (85-264889), last said point also being the TRUE POINT
OF BEGINNING; thence, continuing along said line so produced,
South 88° 47' 37" East, 1109.89 feet; thence, leaving said line
so produced, easterly and northeasterly on the arc of a curve to
the left, tangent to last said course, the radius of which curve
is 2000.00 feet, through a central angle of 38° 27' 31", a
distance on said arc of 1342.46 feet; thence, tangent to last
said curve, North 52° 44' 52" East, 797.72 feet to a point on the
center line of former County Road No. 7292, commonly known as
Arnold Road, formerly Oxsen Road, said point being distant along
said center line, South 1° 23' 25" West, 589.00 feet from that
certain point marked by a concrete monument, and designated as
"28" on that certain Record of Survey No. 385, filed October 28,
1970, in Book 8 of Record of Surveys at pages 27 through 29
thereof, Records of Alameda County, California. CONTAINING 12.01 acres, more or less.
The sidelines of said strip of land to be lengthened or
shortened to extend between said northeastern line of said parcel
of land (85-264889), and said center line of former County Road
No. 7292, as shown on said Record of Survey No. 385.
DATE: 03 May 1994
Prepared by: WD
Checked by: DF
EXHIBIT A
QUITCLAIM DEED
CITY OF DUBLIN