HomeMy WebLinkAbout8.5 Land Exchange Amend Lease Agreement CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 8, 1988 .
.SUBJECT Property Exchange with Dublin Information Inc. and
Approval of Amendment of Lease Agreement
EXHIBITS ATTACHED - Map of CURRENT Civic Center Property Ownership
- Resolution Approving Land Exchange with Dublin
Information, Inc. and Directing Staff to Accept
/Transfer Title
Resolution Identifying Second Amendment to the Lease
Agreement Dated December 18, 1985
RECOMMENDATION/e? Adopt Resolutions
FINANCIAL STATEMENT: Minimal Staff time will be involved with the
development and recording of the deeds.
DESCRIPTION As shown on the attached map of ownership, the City of
Dublin currently holds title to a parcel at the ,location of the Civic Center
project. This property was the former site of Valley High School and it is
situated in the middle of the current Civic Center construction project.
The location of the parcel creates a situation where portions of the Civic
Center project will be constructed on City owned property, with a larger
portion being owned by Dublin Information, Inc. Since the Civic Center
project is funded through Certificates of Participation (COP' S) , certain
restrictions apply to the use of improvements funded with COP's. - The parcel
owned by the City was purchased with General Funds and has no restrictions.
Staff has prepared a property description which would exchange identical
size parcels between the City of Dublin and Dublin Information, Inc . The
end result is that the City owned parcel would be placed at the rear of the
current Civic Center projects . No improvements are currently planned. for
this area, however, a possible future use could be accommodated. The plat
accompanying the legal description amending the lease agreement identifies
the final configuration if the exchange is approved. The City of Dublin
would retain ownership of the shaded parcel noted as Parcel A. This
exchange does not change the total amount of property subject to the adopted
lease agreement.
Staff is also continuing to work with Rauscher Pierce Refenses as
Underwriters and Bond Counsel to develop a revised Financing Package for the
Civic Center project. The consultants have recommended that this exchange
would improve the proposed financing by having the entire project under a
single ownership. They have included language in the draft documents to
accommodate a future exchange if the current location is not completely
desirable.
Staff recommends that the City Council adopt the proposed resolutions
approving the exchange and amending the Lease Agreement.
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COPIES TO:
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ALAMEDA COUNTY,CA.
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LINE 9EAR!NG DISTA.4:E CURVE RADIUS DELTA ARC
r) �� i S 12'23'!1' f 36.60' 1 3000.28' 1'05'02' J70.95'
2 N 60'11'02• F 16.40' 2 50.00' 93'00'00• /8.51'
3 N 68'16'06' f 31.26' 3 562.06' 8'49'55' E6.61'
_ 4 121.00' 42'02'09• 90.97'
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PROJECTS GIt. CD Q z ;
RESOLUTION NO. - 88
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**************************
APPROVING A LAND EXCHANGE WITH
DUBLIN INFORMATION, INC.
WHEREAS, the City of Dublin is the owner of a parcel of real property
which divides two parcels of real property owned by Dublin Information,
Inc. ; and
WHEREAS, the location of the Dublin Civic Center project overlaps on
both the property owned by the City of Dublin and Dublin Information, Inc. ;
and
WHEREAS, it is desirable to construct the project on property under
one ownership; and
WHEREAS, Exhibit A "School Site Legal Description" (attached hereto
and by reference made a part hereof) , describes the parcel owned by the
City of Dublin; and
WHEREAS, Exhibit B "Parcel A" (attached hereto and by reference made a
part hereof) , describes the parcel owned by Dublin Information, Inc. , which
will be exchanged for the parcel described in Exhibit A; and
WHEREAS, Dublin Information, .Inc. has agreed to exchange an equal size
parcel which is not included in the current construction phase.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin hereby approves the transfer of a 1. 597+ acre parcel of real
property to Dublin Information, Inc. in exchange for the transfer by Dublin
Information Inc. to the City of Dublin its 1. 597+ acre parcel of real
property.
BE IT FURTHER RESOLVED that the City Council shall direct Staff to
execute any and all documents necessary to accomplish said exchange as
authorized in Resolution No. 24-87.
PASSED, APPROVED AND ADOPTED this 8th day of February, 1988.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
SCHOOL SITE LEGAL DESCRIPTION
ALL THAT REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNTY
OF ALAMEDA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
A PORTION OF TRACT "B" OF PARCEL NO. 6 AS DESCRIBED IN THE
FINAL JUDGEMENT RENDERED JULY 24, 1944 IN THE UNITED STATES
DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA,
SOUTHERN DIVISION, IN CASE NO. 22460-G, ENTITLED: "UNITED
STATE ' S OF AMERICA V. 105.19 ACRES OF LAND", A CERTIFIED COPY
OF WHICH JUDGEMENT WAS RECORDED APRIL 4, 1945 IN BOOK 4681
OFFICIAL RECORDS AT PAGE 234, RECORDS OF ALAMEDA COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL ONE
COMMENCING AT A STANDARD SURVEY MONUMENT AT THE INTERSECTION OF
THE MONUMENT LINES FOR DUBLIN BOULEVARD AND SIERRA COURT AS
SHOWN ON PARCEL MAP 460 , FILED JULY 1, 1961 IN BOOK 61 OF
PARCEL MAPS AT PAGE 21, RECORDS OF ALAMEDA COUNTY; THENCE FROM
SAID POINT OF COMMENCEMENT, NORTH 72° 43 ' 54 " WEST ALONG SAID
MONUMENT LINE 226.41 FEET ; THENCE LEAVING SAID MONUMENT LINE
SOUTH 170 16 ' 06" WEST 38.00 FEET TO THE SOUTHERLY LINE OF
DUBLIN BOULEVARD AND THE TRUE POINT OF BEGINNING FOR THIS
DESCRIPTION; THENCE NORTH 720 43 ' 54" WEST ALONG SAID SOUTHERLY
LINE OF DUBLIN BOULEVARD 182.50 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 50.00
FEET; THENCE LEAVING SAID SOUTHERLY LINE OF DUBLIN BOULEVARD
ALONG THE ARC OF SAID CURVE 78.54 FEET THROUGH A CENTRAL ANGLE
OF 90° 00 ' 00 "; THENCE ON A COURSE TANGENT TO THE PREVIOUS
CURVE SOUTH 170 16 ' 06" WEST 203. 00 FEET; THENCE SOUTH 72° 43 '
54" EAST 96. 61 FEET; THENCE SOUTH 21° 59 ' 10" EAST 214.75 FEET;
THENCE NORTH 170 16 ' 06" EAST 419.30 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING AN AREA OF 1.597 ACRES, MORE OR LESS.
Li,1VD PREPARED BY .LL", , j/
F St£ ,Q� WILLIAM 1 S PNI FF
L. S. 5 7 01
. 5701
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PARCEL "A"
ALL THAT REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNTY
OF ALAMEDA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
A PORTION OF TRACT "B" OF PARCEL NO. 6 AS DESCRIBED IN THE
FINAL JUDGEMENT RENDERED JULY 24, 1944 IN THE UNITED STATES
DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA,
SOUTHERN DIVISION, IN CASE NO. 22460-G, ENTITLED: "UNITED
STATE°S OF AMERICA V. 105.19 ACRES OF LAND" , A CERTIFIED COPY
OF WHICH JUDGEMENT WAS RECORDED APRIL 4, 1945 IN BOOK 4681
OFFICIAL RECORDS AT PAGE 234, RECORDS OF ALAMEDA COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A STANDARD SURVEY MONUMENT AT THE INTERSECTION OF
THE MONUMENT LINES FOR DUBLIN BOULEVARD AND SIERRA COURT AS
SHOWN ON PARCEL MAP 460, FILED �JULY 1, 1961 IN BOOK 61 OF
PARCEL MAPS AT PAGE 21, RECORDS OF ALAMEDA COUNTY; THENCE FROM
SAID POINT OF COMMENCEMENT, NORTH 720 43 ' 54" WEST ALONG SAID
MONUMENT LINE 226.41 FEET; THENCE LEAVING SAID MONUMENT LINE
SOUTH 170 16 ' 06" WEST 38. 00 FEET TO THE SOUTHERLY LINE OF
DUBLIN BOULEVARD; THENCE LEAVING SAID SOUTHERLY LINE OF DUBLIN
BOULEVARD SOUTH 170 16 ' 06" WEST 374.35 FEET; THENCE SOUTH 60°
14 ' 02 " WEST 211.55 FEET; THENCE SOUTH 21° 59 ' 10" EAST 322.02
FEET TO THE TRUE POINT OF BEGINNING FOR THIS . DESCRIPTION;
THENCE SOUTH 670 42 ' 00 " WEST 193. 07 FEET TO A POINT ON THE
NORTHERN RIGHT-OF-WAY LINE OF INTERSTATE 580 DESCRIBED IN THE
DEED TO THE STATE OF CALIFORNIA RECORDED IN REEL 1150, OFFICIAL
.RECORDS, AT PAGE 357, RECORDS OF ALAMEDA COUNTY, SAID POINT
BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE
SOUTH HAVING A RADIUS OF 3000.28 FEET, A RADIAL LINE TO THE
RADIUS POINT BEARS SOUTH 10 37 ' 09" EAST; THENCE WESTERLY ALONG
THE ARC OF SAID CURVE 191.89 FEET THROUGH A CENTRAL ANGLE OF 30
39 ' 52 "; THENCE LEAVING SAID NORTHERN RIGHT-OF-WAY (1150 OR
357 ) NORTH 2° 00 ' 40" WEST 200.79 FEET; THENCE NORTH 87° 59 '
20" EAST 145.11 FEET; THENCE NORTH 67° 42 ' 00 " EAST 170.00
FEET; THENCE SOUTH 210 59 ' 10" EAST 200.00 FEET TO THE TRUE
POINT OF BEGINNING.
CONTAINING AN AREA OF 1. 597 ACRES, MORE OR LESS.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS,
A STRIP OF LAND, 20 FOOT IN WIDTH DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERN CORNER OF PARCEL "A" AS
DESCRIBED ABOVE; THENCE FROM SAID POINT OF BEGINNING NORTH 21°
59 ' 10" WEST 122.02 FEET; THENCE NORTH 60° 14 ' 02" EAST 257.95
FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE
SOUTHEAST, HAVING A RADIUS OF 415.00 FEET; THENCE ALONG THE
ARC OF SAID CURVE 58.19 FEET, THROUGH A CENTRAL ANGLE OF 8° 02 '
04 "; THENCE ON COURSE TANGENT TO THE PREVIOUS CURVE NORTH 68°
16 ' 06" EAST 31.26 FEET TO THE BEGINNING OF A TANGENT CURVE ,
CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 425.00 FEET;
L b;+ e pa.2of2
THENCE ALONG THE ARC OF SAID CURVE 318.96 FEET THROUGH A
CENTRAL ANGLE OF 430 00 ' 00" TO A POINT OF REVERSE CURVATURE OF
A 12.00 FOOT RADIUS CURVE; THENCE ALONG THE ARC OF SAID REVERSE
CURVE 14.00 FEET, THROUGH A CENTRAL ANGLE OF 660 50 ' 30" TO A
POINT ON THE SOUTH LINE OF DUBLIN BOULEVARD; THENCE NORTH 72°
43 ' 54" WEST ALONG SAID SOUTH LINE OF DUBLIN BOULEVARD 27. 61
FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE
NORTHWEST, HAVING A RADIUS OF 405.00 FEET; THENCE LEAVING SAID
SOUTH LINE OF DUBLIN BOULEVARD SOUTHERLY ALONG THE ARC OF SAID
CURVE 311.14 FEET, THROUGH A CENTRAL ANGLE OF 44° 01 ' 02";
THENCE ON A COURSE TANGENT TO THE PREVIOUS CURVE SOUTH 680 16 '
06" WEST 31.26 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
TO THE SOUTHEAST HAVING A RADIUS OF 435.00 FEET; THENCE ALONG
ARC OF SAID CURVE 61.00 FEET, THROUGH A CENTRAL ANGLE OF 80 02 '
04"; THENCE ON A COURSE TANGENT TO THE PREVIOUS CURVE SOUTH 60°
14 ' 02" WEST 275.40 FEET; THENCE SOUTH 210 59 ' 10" EAST 139.58
FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL "A" DESCRIBED
ABOVE; THENCE ALONG SAID NORTH LINE OF PARCEL "A" NORTH 67° 42 '
00" EAST 20.00 FEET TO THE POINT OF BEGINNING.
PREPARED BY:
USED LAND
F S(Epti'GFj WILLIAM F. SLEPNIKOTF
L.S. 5701
5701
ExYires:
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OF CAUirO`
RESOLUTION NO. - 88
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AUTHORIZING THE SECOND AMENDMENT TO THE LEASE AGREEMENT
RELATING TO PUBLIC FACILITIES PROJECT NO. 1 BY AND BETWEEN
DUBLIN INFORMATION, INC., AND THE CITY OF DUBLIN
DATED DECEMBER 18, 1985
WHEREAS, on December 18, 1.985, the City Council of the City of
Dublin adopted Ordinance No. 34-85; and
WHEREAS, Section 1 of the Ordinance approved the "Lease Agreement
Relating to Public Facilities Project No. 1 by and between Dublin
Information, Inc. , and City of Dublin dated as of December 18, 1985; and ,
WHEREAS, Exhibit "B" of the adopted Lease Agreement provided a
legal description of the property; and
WHEREAS, the City Council adopted Resolution No. 2-88 which amended
Exhibit B to reflect a property exchange with the neighborning property;
and
WHEREAS, the City of Dublin currently has title to a parcel which
will be included in the .Civic Center project; and
WHEREAS, for financing purposes, it is desirous to have the current
Civic Center project construction under a single ownership; and
WHEREAS, the City of Dublin and Dublin Information, Inc. , have
agreed to exchange parcels which will locate the City owned parcel outside
the current scope of work; and
WHEREAS, the transaction does not modify the total amount of
property subject to the terms of the Lease Agreement; and
WHEREAS, it is appropriate to revise Exhibit B of the Lease dated
December 18, 1985, to reflect the property description following the
property exchange.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does hereby approve amending the "Lease Agreement Relating to Public
Facilities Project No. 1, dated December 18, 1985" . Said amendment shall
consist of replacing Exhibit B "Amended as of January 11, 1988" with
Exhibit B "Amended as of February 8, 1988" , attached hereto and by
reference made a part hereof.
PASSED, APPROVED AND ADOPTED this 8th day of February, 1988.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
DUBLIN CITY HALL PARCEL
a-s 04
ALL THAT REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNTY
OF ALAMEDA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
A PORTION OF TRACT "B" OF PARCEL NO. 6 AS DESCRIBED IN THE
FINAL JUDGEMENT RENDERED JULY 24, - 1944 IN THE UNITED STATES
DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA,
SOUTHERN DIVISION, IN CASE NO. 22460-G, ENTITLED: "UNITED
STATE°S OF AMERICA V. 105.19 ACRES OF LAND', A CERTIFIED COPY
OF WHICH JUDGEMENT WAS RECORDED APRIL 4, 1945 IN BOOK 4681
OFFICIAL RECORDS AT PAGE 234, RECORDS OF ALAMEDA COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOW:
COMMENCING AT A STANDARD SURVEY MONUMENT AT THE INTERSECTION OF
THE MONUMENT LINES FOR DUBLIN BOULEVARD AND SIERRA COURT AS
SHOWN ON PARCEL MAP 460, RECORDED JULY 1, 1961, IN BOOK 61 OF
PARCEL MAPS AT PAGE 21, RECORDS OF ALAMEDA COUNTY; THENCE FROM
SAID POINT OF COMMENCEMENT NORTH 720 43 ' 54" WEST ALONG SAID
MONUMENT LINE 226.41 FEET; THENCE LEAVING SAID MONUMENT LINE
SOUTH 170 16 ' 06" WEST 38.00 FEET TO THE SOUTHERLY LINE OF
DUBLIN BOULEVARD AND THE TRUE POINT OF BEGINNING FOR THIS
DESCRIPTION; THENCE NORTH 72° 43 ' 54" WEST ALONG SAID SOUTHERLY
LINE OF DUBLIN BOULEVARD 390. 63 TO THE EASTERLY LINE OF THE
PARCEL OF LAND DESCRIBED IN THE DEED TO ALAMEDA COUNTY FLOOD
CONTROL (A.C. F.C.) RECORDED SEPTEMBER 18, 1975, AS INSTRUMENT
NO. 75-134101, RECORDS OF ALAMEDA COUNTY; THENCE LEAVING SAID
SOUTHERLY LINE OF DUBLIN BOULEVARD SOUTH 210 49 ' 23" WEST ALONG
SAID A.C. F.C. PARCEL (75-134101 ) A DISTANCE OF 134.26 FEET TO
THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST
HAVING A RADIUS OF 562.06 FEET, A RADIAL LINE TO THE RADIUS
POINT BEARS NORTH 69 011 ' 00" WEST; THENCE SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE 86.64 FEET THROUGH A CENTRAL ANGLE OF 80
49 ' 55"; THENCE ON A COURSE TANGENT TO THE PREVIOUS CURVE SOUTH
290 38 ' 55" WEST 550.22 FEET; THENCE SOUTH 250 57 ' 36" WEST
217.80 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO
THE EAST HAVING A RADIUS OF 124.00 FEET, A RADIAL LINE TO THE
RADIUS POINT BEARS SOUTH 600 21 ' 05" EAST; THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE 90.97 FEET, THROUGH A CENTRAL ANGLE
OF 420 02 ' 09"; THENCE ON A COURSE TANGENT TO THE PREVIOUS
CURVE SOUTH 120 23 ' 14" EAST 36. 60 FEET TO THE NORTHERN RIGHT-
OF-WAY LINE OF INTERSTATE 580 DESCRIBED IN THE DEED TO THE
STATE OF CALIFORNIA RECORDED IN REEL 1150, OFFICIAL RECORDS, AT
PAGE 357, RECORDS OF ALAMEDA COUNTY; THENCE LEAVING SAID
A.C. F.C. PARCEL (75-134101 ) NORTH 810 17 ' 49" EAST ALONG SAID
NORTH LINE (1150 O.R. 357) A DISTANCE OF 112.10 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTH HAVING A
RADIUS OF 3000.28 FEET; THENCE ALONG THE ARC OF SAID CURVE
179.06 FEET THROUGH A CENTRAL ANGLE OF 30 25 ' 10 "; THENCE
LEAVING SAID NORTHERN RIGHT-OF-WAY LINE OF STATE HIGHWAY 580
(1150 O.R. 357 ) NORTH 020 00 ' 40" EAST 200.79 FEET; THENCE
NORTH 870 59 ' 20" EAST 145.11 FEET; THENCE NORTH 670 42 ' 00"
EAST 170. 00 FEET; THENCE NORTH 21°59 ' 10" WEST 122. 02 FEET;
THENCE NORTH 600 14 ' 02" EAST 182. 84 FEET; THENCE SOUTH 210
59 ' 10" EAST 30.92 FEET; THENCE NORTH 170 16 ' 06" EAST 44.95
FEET; THENCE NORTH 60° 14 ' 02" EAST 46.40 FEET TO THE BEGINNING
OF A TANGENT CURVE', CONCAVE TO THE SOUTHEAST, HAVING A RADIUS
OF 415.00 FEET; THENCE ALONG THE ARC OF SAID CURVE 58.19 FEET,
THROUGH A CENTRAL ANGLE OF 80 02 ' 04 "; THENCE ON COURSE TAN-
GENT TO `THE PREVIOUS CURVE NORTH 680 16 ' 06" EAST 31.26 FEET TO
THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTHWEST,
HAVING A RADIUS OF 425.00 FEET; THENCE ALONG THE ARC OF SAID
CURVE 318.96 FEET THROUGH A CENTRAL ANGLE OF 430 00 ' 00" A
POINT OF REVERSE CURVATURE OF A 12.00 FOOT RADIUS CURVE; THENCE
ALONG THE ARC OF SAID REVERSE CURVE 14.00 FEET, THROUGH A
CENTRAL ANGLE OF 660 50 ' 30" TO A POINT ON THE SOUTH LINE OF
DUBLIN BOULEVARD; THENCE NORTH 72° 43 ' 54" WEST ALONG SAID
SOUTH LINE OF DUBLIN BOULEVARD 260.58 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING AN AREA OF 9. 921 ACRES, MORE OR LESS.
�p LAND
PREPARED BY:
WILLIAM F. SLEPNIKOF
FPM F S(EP GF L. S. 5701
5701
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LINE BEAR lNG DISTANCE CURVE RADIUS DELTA ARC
1 S 12 73'1,' F 36.60' 1 3000.28' 1'05'02' 370.95'
2 N 60'14'02' f 46.40'
3 N 68'16'06' f 31.26' 3 562.06' 98'49 '55• 86.64'
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