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Home My WebLink AboutItem 4.02 Golden Gate Dr Easement Vacate or 19 82 STAFF REPORT CITY CLERK ` CITY COUNCIL File #670-40 DATE: September 15, 2015 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager " SUBJECT: Vacate a Portion of an Existing Storm Drain Easement at 6 07 Golden Gate Drive Prepared by Ananthan Kanagasundaram, Associate Civil Engineer EXECUTIVE SUMMARY: Eden Housing has requested that the City vacate a portion of an existing storm drain easement located within the parcel at 6707 Golden Gate Drive. FINANCIAL IMPACT: No financial impact to the City will result from the recommended action. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution Vacating a Portion of an Existing Storm Drain Easement at 6707 Golden Gate Drive. "ubmitted By '�� Reviewed By Public Works Director Assistant City Manager DESCRIPTION: Eden Housing has submitted an application to construct affordable multi-family housing at 6707 Golden Gate Drive. As part of this application, Eden Housing proposes to construct a building that will encroach five feet into an existing 20-foot-wide storm drain easement. Before continuing in the application process, Eden Housing has asked the City to vacate the portion of the easement in conflict with the proposed building. There is one storm drain line that currently occupies the easement area. Staff has determined that the proposed building will not be in conflict with the alignment of, access to, or maintenance of this storm drain line. The total area of the easement to be vacated is approximately 740 square feet. Staff considers this area to be excess. Once the excess area has been vacated, the City will remain in control of the remaining portion of the easement. Page 1 of 2 ITEM NO. 4.2 The storm drain easement was originally acquired by the County of Alameda. Because it is unclear from the record that jurisdiction over the easement passed to the City when the City was incorporated, the County Public Works Agency will submit a quitclaim deed of the entire easement to the City for approval by the Board of Supervisors at their September 29th meeting. If approved, the County's quitclaim deed would be recorded, to be followed by the recordation of the City's Resolution to Vacate a Portion of Existing Storm Drain Easement at 6707 Golden gate Drive. As required by Section 8335 of the Streets & Highways Code, the Resolution (Attachment 1) includes 1) a statement that the vacation is made pursuant to Chapter 4 of Part 3 of Division 9 of the Streets & Highways Code; 2) the description of the portion of the easement to be vacated; 3) the facts under which the vacation is made; and 4) a provision that, from and after the date of the vacation, the portion of the easement to be vacated no longer constitutes a public service easement. Additionally, as required by Section 892 of the Streets & Highways Code, the Resolution states that the portion of the easement to be vacated is not useful as a nonmotorized transportation facility. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None required. ATTACHMENTS: 1. Resolution Vacating a Portion of an Existing Storm Drain Easement at 6707 Golden Gate Drive 2. Exhibit "A" to Resolution, Plat Map and Legal Description Page 2 of 2 RESOLUTION NO. - 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN VACATING A PORTION OF AN EXISTING STORM DRAIN EASEMENT AT 6707 GOLDEN GATE DRIVE WHEREAS, the Storm Drain Easement located on the parcel at 6707 Golden Gate Drive was originally granted on July 12, 1968 per the document contained in Reel 2226, Image 166 of the official records of Alameda County; and WHEREAS, a portion of the existing Storm Drain Easement at 6707 Golden Gate Drive is now considered excess by the City Council as shown and described on the attached Exhibit "A" for an approximately 740 square foot area, said Exhibit being attached hereto and made a part hereof; and WHEREAS, the Storm Drain Easement was originally owned by the County of Alameda, and it is anticipated that the Easement will be quitclaimed by the County to the City; and WHEREAS, the City Council will vacate said excess portion of the Storm Drain Easement by recording this Resolution and will retain the remaining portion of the Storm Drain Easement to allow access to and maintenance of any existing or future facilities; and WHEREAS, the vacation is made pursuant to Chapter 4 of Article 3 of Division 9 of the Streets & Highways Code; and WHEREAS, the portion of the Storm Drain Easement being vacated is not useful as a non-motorized transportation facility; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve this Resolution Vacating a Portion of an Existing Storm Drain Easement at 6707 Golden Gate Drive. The boundaries of said vacation are shown and described on the attached Exhibit "A" for an approximately 740 square foot area, said Exhibit being attached hereto and made a part hereof. BE IT FURTHER RESOLVED that the City Council authorizes this Resolution to be held by the City Clerk until the Applicant obtains a Building Permit for the proposed building at 6707 Golden Gate Drive, and until receipt of the County of Alameda quitclaim deed quitclaiming the Storm Drain Easement to the City, at which time the City Clerk shall forward this Resolution to Vacate a Portion of the Existing Storm Drain Easement at 6707 Golden Gate Drive to the Alameda County Recorder for recording, along with Exhibit "A". BE IT FURTHER RESOLVED that from and after the date this Resolution is recorded, the portion of the Storm Drain Easement being vacated shall no longer constitute a public service easement. 1 PASSED, APPROVED AND ADOPTED this 15th day of September, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 2 ST. PATRICK WAY II I � ��, PORTION OF STORM DRAIN EASMENT I I (REEL 2226, IMAGE 166) TO REMAIN PORTfON OF STORM DRAIN EASMENT _ 5, (REEL 2226, IMAGE 166) TO BE QUITCLAIMED II CORONA CRESCENT, INC. II 2015-043711 OR I I ST. MICHAEL INVESTMENTS PARCEL j � (PORTION) I I II II II `c 8164 PLAT TO ACCOMPANY LEGAL DESCRIPTION PORTION OF STORM DRAIN EASEMENT (REEL 2226, IMAGE 166) TO BE QUITCLAIMED CORONA CRESCENT, INC. PROPERTY (2015-043711 OR) DUBLIN, CALIFORNIA AUGUST 26, 2015 SHEET I OF 1 Carlson, Barbee & Gibson, Inc. CIVIL ENGINEERS ■ SURVEYORS• PLANNERS N 2633 CAM INO RAMON,SUITE 350 r' SAN RAMON,CALIFORNIA, (825)866-0322 JOB NO.201M30 G:2019.9301ACAMSLJRVEYFLATSTLAT-001SDE QC.OWG AUGUST 26, 2015 JOB NO. : 2019-030 LEGAL DESCRIPTION PORTION OF STORM DRAIN EASEMENT (REEL 2226, IMAGE 166) TO BE QUITCLAIMED CORONA CRESCENT, INC. PROPERTY (2015-043711 OR) DUBLIN, CALIFORNIA REAL PROPERTY, SITUATE IN THE INCORPORATED TERRITORY OF THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION THAT CERTAIN PARCEL OF LAND GRANTED TO CORONA CRESCENT, INC. , A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION, BY DEED RECORDED FEBRUARY 13, 2015, AS DOCUMENT NO. 2015-043711 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF ALAMEDA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING THE WESTERN FIVE (5. 00) FEET OF THAT CERTAIN DRAINAGE EASEMENT RECORDED JULY 291 1958, AS REEL 2226, IMAGE 166 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER OF ALAMEDA COUNTY, LYING WITHIN SAID PARCEL OF LAND (2015043711) . ATTACHED HERETO IS A PLAT TO ACCOMPANY LEGAL DESCRIPTION, AND BY THIS REFERENCE MADE A PART HEREOF. END OF DESCRIPTION ®y SABOW KYLE PACK, P.L.S. L.S. 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