HomeMy WebLinkAbout4.05 St Pats Way ROW
STAFF REPORT
CITY COUNCIL
DATE:July 19, 2016
TO:
Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Summary Vacation of Unused Right-of-Way on Saint Patrick Way,
Approval of Quitclaim Deed and Exempting Certain Minor Dispositions and
Acquisitions of Real Property from Required Report to the City Council by
the Planning Commission as to their General Plan Consistency (Essex
Dublin Owner, L.P.)
Prepared by: Jayson Imai, Senior Civil Engineer
EXECUTIVE SUMMARY:
Essex Dublin Owner, L.P. (Essex) is requesting a Summary Vacation of eight square
feet of right-of-way previously dedicated to the City for the future extension of Saint
Patrick Way. Staff has determined that the right-of-way is no longer required. The
proposed Quitclaim Deed would quitclaim the vacated public right-of-way back to
Essex. In exchange, the City would no longer be responsible for maintenance of the
right-of-way.
STAFF RECOMMENDATION:
Resolution
Staff recommends that the City Council adopt the Summarily Vacating
Unused Right-of-way on Saint Patrick Way and Approving Quitclaim Deed; and adopt
Resolution
the Exempting Certain Minor Dispositions and Acquisitions of Real Property
or Interests in Real Property from Required Report to the City Council by the Planning
Commission as to their General Plan Consistency.
Essex Dublin Owner, L.P. (Essex) is requesting a Summary Vacation of approximately
eight square feet of right-of-way previously dedicated to the City of Dublin with Parcel
Map10027 (City Council Resolution No. 41-11) for the future extension of Saint Patrick
Way.
Sheet 5 of Parcel Map 10027, included with this Staff Report as Attachment 1, identifies
the subject right-of-way in context as “Detail C” and “Detail G.” A plat and legal
description of the subject right-of-way is also included as Exhibit A to Attachment 2 to
this Staff Report. A map of the vicinity is provided below:
14
Page of
Rationale for Vacation
Section 8331 of the California Streets and Highways Code allows a summary vacation
of street right-of-way if:
a. For a period of five consecutive years, the street or highway has been
impassable for vehicular traffic
b. No public money was expended for maintenance on the street during such
period.
The subject right-of-way was dedicated to the City in April 2011 by Essex for the future
extension of Saint Patrick Way. As a Condition of Approval for the development of the
Connolly Station Apartments, Essex was responsible for the construction of roadway
improvements for the extension of Saint Patrick Way fronting their property. After
finalizing of the roadway alignment for the Saint Patrick Way extension, it was
determined that the subject right-of-way was not required. The subject right-of-way is
currently occupied by landscaping associated with the Connolly Station Apartments.
For more than five consecutive years preceding its proposed vacation, the subject right-
of-way has been impassable to traffic and no public money was expended for its
maintenance.
Required Transportation Finding:
State law requires that vacation of any right-of-way allowing travel be accompanied by a
24
Page of
finding that the property in question would not be useful as “a non-motorized
transportation facility” or as a “facility designated primarily for the use of bicyclists or
equestrians.” This finding can be made because the subject right-of-way is too small
(eight square feet) and isolated from the adjacent Saint Patrick Way improvements.
General Plan Consistency
The Streets and Highways Code requires that, if the proposed vacation of a street or
public service easement is within an area for which a general plan is adopted, the City
Council should consider the general plan prior to vacating the easement.
Also, because the proposed vacation affects street right-of-way, the Planning
Commission was required to first consider the proposal and report to the City Council as
to its conformity with the General Plan. The Planning Commission reviewed the
proposed vacation at its meeting on May 24, 2016, and the Commission found it to be
consistent with the General Plan (Resolution No. 16-09).
The General Plan designation for the subject right-of-way is Downtown Dublin Specific
Plan - Transit Oriented District. As found by the Planning Commission, the proposed
vacation of the subject right-of-way is in conformance with Land Use and Circulation
Element (Chapter 5) of the General Plan in that the existing use of the subject right-of-
way is for landscaping in front of the Connolly Station apartments, which is compliant
with the General Plan land use designation for the site.
Exemption of Future Planning Commission Findings of General Plan Consistency
Many relinquishments and acquisitions of real property, such as the vacation of this
subject right-of-way, are of such a minor nature that Planning Commission review and
their report to the City Council as to their General Plan consistency serves no purpose.
Government Code Section 65402 permits the City Council to exempt the following kinds
of proposed dispositions and acquisitions of real property from the requirement that
Planning Commission report to the City Council as to their General Plan consistency,
provided they are of a minor nature:
1. The disposition of the remainder of a larger parcel which was acquired and used
in part for street purposes
2. Acquisitions, dispositions, or abandonments for street widening
3. Street alignment projects
Staff has prepared a Resolution Exempting Certain Minor Dispositions and Acquisitions
of Real Property or Interests in Real Property from Required Report to the City Council
by the Planning Commission as to their General Plan Consistency.
34
Page of
Disposition of Excess Property
Subsection (a) of Section 8355 of the California Streets and Highways Code allows the
City to quitclaim the subject right-of-way in conjunction with its vacation. The City has
prepared a Quitclaim Deed which quitclaims the former public right-of-way to Essex
Dublin Owner, L.P. In exchange for the subject right-of-way, the City will no longer be
responsible for its maintenance. Staff has determined that savings of future
maintenance costs is justified compensation for the vacated right-of-way.
ENVIRONMENTAL REVIEW:
This vacation is categorically exempt from the California Environmental Quality Act
(CEQA) per CEQA Guidelines Section 15301, Existing Facilities.
ATTACHMENTS:
1. Sheet 5 of Parcel Map 10027
2. Resolution Summarily Vacating Unused Right-of-way on Saint Patrick Way and
Approving Quitclaim Deed
3. Exhibit “A” to Resolution, Plat and Legal Description of the unused right-of-way to be
vacated
4. Exhibit “B” to Resolution, Quitclaim Deed
5. Resolution Exempting Certain Minor Dispositions and Acquisitions of Real Property
or Interests in Real Property from Required Report to the City Council by the Planning
Commission as to their Gen
44
Page of
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- PARCEL LINE PER DOCUMENTS
- - - - - - - - - - - - - - EASEMENT UNE
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— - - - - - MONUMENT LINE
— — — — — -- CITY LIMIT LINE
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BEING ALL OF PARCEL A. AS SAID PARCEL IS SHOWN ON THAT CERTAIN
TAGGED "LS 3616' PER 107 PM 50
NAP ENTITLED "PARCEL MAP 2621 ", FILED FOR RECORD ON DECEMBER 220,
SFBARTD - SAN FRANCISCO RAY AREA RAPID TRANSIT DISTRICT
1975 IN BOOK 107 OF PARCEL MAPS AT PAGE 50 AND ALSO BEfNG ALL
OF LOT D. AS SAID LOT IS SHOWN ON THAT CERTAIN MAP ENTITLED
DSRSDE - DUBLIN SAN RAMON SERVICES DISTRICT EASEMENT
'PARCEL MAP P.M. 4224'. FILED FOR RECORD ON FEBRUARY 8, 1983 IN
EVAE - EMERGENCY VEHICLE ACCESS EASEMENT
BOOK 143 OF FINAL MAPS AT PAGE 6, OFFICE OF THE RECORDER,
M -M - MONUMENT TO MONUMENT DISTANCE
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925/336 -7799 (FA) SHEET 5 OF 5
() - DENOTES MAP REFERENCE NUMBER
20005039 -40
RESOLUTION NO. - 16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
SUMMARILY VACATING UNUSED RIGHT-OF-WAY ON
SAINT PATRICK WAY AND APPROVING QUITCLAIM DEED
WHEREAS,
Section 8331 of the California Streets and Highways Code provides
for the summary vacation of street right-of-way; and
WHEREAS,
Essex Dublin Owner LP requests to summarily vacate
approximately eight square feet of right-of-way along Saint Patrick Way, as depicted on
Exhibit “A” to this resolution; and
WHEREAS,
the street right-of-way was dedicated to the public in fee in April
2011 with Parcel Map 10027, Book 318, Pages 14-18 in the Alameda County Official
Records; and
WHEREAS,
Section 8331 of the California Streets and Highways Code
authorizes the City Council to summarily vacate street right-of-way if, for a period of five
consecutive years, the street has been impassable for vehicular traffic and no public
money was expended for maintenance on the street; and
WHEREAS,
at their meeting on May 24, 2016, the Planning Commission found
the proposed vacation to be in conformance with the Dublin General Plan pursuant to
Section 65402 of the Government Code; and
WHEREAS,
a Quitclaim Deed has been prepared that would quitclaim the eight
square feet of right-of-way on Saint Patrick Way to Essex Dublin Owner LP;
NOW, THEREFORE, BE IT RESOLVED
that the City Council finds that
A) For a period of five consecutive years, the right-of-way to be vacated has
been impassable for vehicular traffic and no public money was expended for
maintenance on the right-of-way.
B) All utility companies providing service in the project area have been notified
about the proposed vacation and have not objected.
C) The vacation of the right-of-way is in conformance with the City’s General
Plan.
D) The proposed vacation of the right-of-way is categorically exempt from review
under the California Environmental Quality Act (CEQA) pursuant to Title 14
California Code of Regulations, CEQA Guidelines Section 15301, Existing
Facilities.
BE IT FURTHER RESOLVED
that based on the findings made and the
provisions of Section 8331 of the Streets and Highways Code, the City Council orders
that the eight square feet of right-of-way on Saint Patrick Way, as shown on Exhibit “A,”
is summarily vacated.
BE IT FURTHER RESOLVED
that the Clerk of this City Council is hereby
directed to transmit a certified copy of this resolution to be recorded in the office of the
County Recorder of Alameda.
BE IT FURTHER RESOLVED
that said Quitclaim Deed is hereby approved.
BE IT FURTHER RESOLVED
that the City Manager of the City of Dublin is
hereby authorized to execute said Quitclaim Deed, attached hereto as Exhibit “B.”
PASSED, APPROVED AND ADOPTED
this 19th day of July, 2016, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________
Mayor
ATTEST:
_________________________________________
City Clerk
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EXHIBIT “A”
LEGAL DESCRIPTION
CITY OF DUBLIN ROW PARCEL
ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A PORTION OF LOT 1, AS SAID LOT IS SHOWN ON PARCEL MAP 10027, FILED FOR
RECORD JULY 25, 2011, IN BOOK 318 OF MAPS, AT PAGE 14, OFFICIAL RECORDS OF ALAMEDA
COUNTY;
ALSO BEING ALL OF THAT PARCEL DESIGNATED AS “ROW DEDICATION” LOCATED AT THE
NORTHWESTERLY CORNER OF SAID LOT 1, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWESTERN CORNER OF LOT 1 AS SHOWN ON SAID MAP, SAID POINT
ALSO BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE DESIGNATED AS
NORTH 24° 08’ 15” EAST, 63.64 FEET ON SAID MAP;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 1 NORTH 69° 08’ 15” EAST, 21.17 FEET, TO
THE NORTHEASTERLY CORNER OF SAID “ROW DEDICATION” PARCEL;
THENCE LEAVING SAID LINE ALONG A NON-TANGENT 486.00 FOOT RADIUS CURVE TO THE
RIGHT, THE CENTER OF WHICH BEARS NORTH 23° 46’ 37” EAST, THROUGH A CENTRAL ANGLE
OF 02° 34’ 14”, AN ARC DISTANCE OF 21.80 FEET TO A POINT ON THE WESTERLY LINE OF SAID
LOT 1 (318 M 14), SAID POINT ALSO BEING THE SOUTHWESTERLY CORNER OF SAID “ROW
DEDICATION” PARCEL;
THENCE ALONG SAID WESTERLY LINE, NORTH 24° 08’ 15” EAST, 0.88 FEET, TO THE POINT OF
BEGINNING.
CONTAINING 8+/- SQUARE FEET OF LAND.
KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC.
___________________________________ _________________
GARY K. LAMB, LS NO. 6627 DATE
LICENSE EXPIRES: 12-31-2017
W:\2001\A01604-3\Documents\Legal Descriptions\A01604-3 GRANT DEED ROW PARCEL.doc
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
Essex Dublin Owner LP
Attn: John Eudy, Executive VP
925 East Meadow Drive
Palo Alto, CA 94303
THIS SPACE FOR RECORDER’S USE ONLY
R&T Code 11911 – Lot Line Adjustment
QUITCLAIM DEED
CITY OF DUBLIN
ADJACENT TO APN 941-2842-001
SAINT PATRICK WAY, DUBLIN, CA
THIS PAGE HERE TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Government Code 27361.6)
City of Dublin APN 941-2842-001
Quitclaim Deed City ROW
QUITCLAIM DEED
For Value Received,
THE CITY OF DUBLIN, A MUNICIPAL CORPORATION
does remise, release, and forever QUITCLAIM to
ESSEX DUBLIN OWNER, LP, A CALIFORNIA LIMITED PARTNERSHIP
the following described real property in the City of Dublin, County of Alameda, State
of California:
FOR LEGAL PLAT & DESCRIPTION SEE EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF
CITY OF DUBLIN, a Municipal Corporation
________________________________
By: Christopher L. Foss
Title: City Manager
Date: ___________________________
City of Dublin APN 941-2842-001
Quitclaim Deed City ROW
CALIFORNIA ALL-PURPOSE
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of Alameda
On before me,
a Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
City of Dublin APN 941-2842-001
Quitclaim Deed City ROW
RESOLUTION NO. - 16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
EXEMPTING CERTAIN MINOR DISPOSITIONS AND ACQUISITIONS
OF REAL PROPERTY OR INTERESTS IN REAL PROPERTY FROM REQUIRED
REPORT TO THE CITY COUNCIL BY THE PLANNING COMMISSION
AS TO THEIR GENERAL PLAN CONSISTENCY
WHEREAS,
as required by law, the Planning Commission generally reports to
the City Council as to the General Plan consistency of proposed City dispositions and
acquisitions of real property or interests in real property to which the General Plan
applies; and
WHEREAS,
many dispositions and acquisitions of real property or interests
therein are of such a minor nature that Planning Commission review and report to the
City Council as to their General Plan consistency serves no purpose; and
WHEREAS,
Government Code Section 65402 permits the City Council to
exempt certain kinds of proposed dispositions and acquisitions of real property or
interests therein from the requirement of Planning Commission report to the City
Council as to their General Plan consistency;
NOW, THEREFORE, BE IT RESOLVED
that the City Council finds that,
provided they are of a minor nature, the following kinds of dispositions and acquisitions
of real property or interests therein shall be exempt from the requirement that the
Planning Commission report to the City Council as to their consistency with the General
Plan:
A) The disposition of the remainder of a larger parcel which was acquired and
used in part for street purposes
B) Acquisitions, dispositions, or abandonments for street widening
C) Street alignment projects
PASSED, APPROVED AND ADOPTED
this 19th day of July, 2016, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________
Mayor
ATTEST:
_________________________________________
City Clerk