HomeMy WebLinkAboutReso 007-93 QuitclaimFCInvest RESOLUTION NO. 7-93
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT WITH FG INVESTMENTS FOR
DRIVEWAY ACCESS FROM SAN RAMON ROAD TO
ALMOND PLAZA SHOPPING CENTER
(QUITCLAIM OF ABUTTER'S RIGHTS)
WHEREAS, FC Investments, owner of Almond Plaza Shopping Center, has
requested driveway access from San Ramon Road to Almond Plaza Shopping Center; and
WHEREAS, an existing deed restriction precludes such access by means of
the City's abutter's rights; and
WHEREAS, the City wishes to allow FC Investments to construct the
driveway access under the terms and conditions of the agreement attached as Exhibit
"A"; and
WHEREAS, the City will be compensated for quitclaim of abutter's
rights, according to the terms of the agreement, in the amount of $5,000 plus its
attorney's fees;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does hereby approve the agreement with FC Investments, which is attached as
Exhibit "A".
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the
agreement and quitclaim deed.
PASSED, APPROVED, AND ADOPTED this llth day of January, 1993.
AYES: Councilmembers Burton, Houston, Howard, Moffatt
and Mayor Snyder
NOES: None
ABSENT: None
a:(9293)\january\resoalpz
AFTER RECORDING RETURN TO:
Kay Keck, City Clerk
CITY OF DUBLIN
P.O. Box 2340
Dublin, California 94568
AGREEMENT AND WAIVER OF COMPENSATION
of January 1993 between the City of Dublin ("CITY") and
FC Investments, a California limited partnership ("FC").
RECITALS
A. FC is the fee owner of the property described in Exhibit
A, attached hereto and incorporated herein by reference ("subject
property") which is located within the city limits of CITY.
B. The subject property abuts San Ramon Road but there is
currently no access from the subject property to San Ramon Road.
There currently is access from the subject property to Regional
Street, another public street within CITY.
C. A dispute has arisen between CITY and FC with respect to
the ownership of the abutter's rights to access from the subject
property to .San Ramon Road.
D. The parties desire to resolve their dispute by entering
into this agreement.
AGREEMENT
Section 1. Recitals. The foregoing recitals are true and
correct and are made a part of this agreement.
Section 2. Ouitclaim. CITY shall quitclaim whatever
abutter's rights it owns to FC in exchange for payment of $5000
plus CITY's 'attorney fees.
Section 3. Encroachment Permit. CITY shall process an
application from FC for an encroachment permit for a curb cut from
the subject property to San Ramon Road in accordance with CITY's
Encroachment Ordinance.
Section 4. Closure of Access. CITY'.s right to revoke the
encroachment permit and close access from the subject property to
San Ramon Road shall be governed exclusively by this agreement.
In the event that the improvements constructed by FC pursuant
to the encroachment permit granted by CITY shall result in a
"dangerous condition" for which CITY may be liable within the
meaning of Government Code ~S830, et seq., FC shall have a
reasonable time to protect against said dangerous condition. In
the event that FC fails to protect against said dangerous condition
to CITY's satisfaction within a reasonable time after notice from
CITY, CITY shall have the right, in accordance with the provisions
of CITY's Municipal Code and other applicable provisions of law and
following a hearing before the City Council, to revoke the
encroachment and other permits issued to FC in connection with the
improvements and to issue orders to FC to abate the improvements
and return to the original alignment and design. The Council
hearing shall be conducted as a public hearing with not less than
fifteen (15) days' prior notice to FC. FC shall have the right to
present testimony and evidence deemed relevant and appropriate by
FC. The Council's decision whether or not to revoke the encroach-
ment permit shall be the final administrative decision by the City
subject to judicial review. If the Council revokes the encroach-
ment permit, CITY shall abandon any property dedicated by FC to
CITY for widening of San Ramon Road necessary for the curb cut and
right turn bay.
Nothing herein shall restrict or impair the right of FC, after
any proceeding which shall result in the revocation of permits or
abatement of improvements, from subsequent application to CITY and
any other governmental entity having jurisdiction over the subject
property, for permits to provide for improvements and the exercise
of its abutter's rights provided that FC establishes that the
dangerous condition has been repaired, remedied, or corrected
within the meaning of Government Code S830, et seq.
Section 5. Waiver of Compensation. FC, on its own behalf and
on behalf of its successors and assigns, hereby waives any claim
and all damages to the property described in Exhibit A by reason
of the revocation of the encroachment permit, abatement of
improvements and/or closure by CITY in the future of access to San
Ramon Road from the property described in Exhibit A.
Dated:
F.C. INVESTMENTS, a California
limited partnership
DAVID H. MALCOLM
Managing General Partner
2
Dated:
pC ~~
Mayor
NOTARIZATION ATTACHED
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT ~
STATE OF CALIFORNIA
· COUNTY OF i/~ L~.~E=Dtq
personally appeared, 7~
personally known to me (or proved to me on the basis of saisfacto~ 'evidence) to be the person~ whose name~
subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/~r authorized
capacity(~, and that by his/~2~r signature~on the instrument the perso~ or the enti~ upon behalf of which the
person~ acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
. //¢/,/¢,5~.FIONAL INF M.~~.ATION ..~
DATE OF DOCUMENTNUMBER OF PAGES
SIGNER(S) OTHER THAN NAMED ABOVE