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HomeMy WebLinkAboutItem 4.05 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 DETAIL "I" SCALE: 1' - 10' i L3.3 SOE �ol I i + SEE DETAIL "C' THIS SHEET SCALE-, I' - 5' N 69'08'15" E ROW DEDICATION PSE v _ _ - - '----- �ti"�•.� - - --•- 07 DEDICATION 1'J 5' SDE I I F— 36' PSE I '!� — 27' EVAE & DSRSDE I I �4 j 20.5145' W 117.68' . l 13: I5= SDEpI I7nl I• i1FFF�'o I!^wa I I;N IMa SEE DETAIL 'I' TNIS SHEET ul Lc I i r 20.51'45" W 293.00° I I 1.18 TAE, DSRSDE & PSE I I of ..IIP ICI 4 20'51'45E W 161.57' i �I SID ~j11�1j II IeII t�LG SEE DETAIL "ET THIS SHEET EVAE & DSRSDE EVAE & DSRSDE EVAE & OSRSDE N 69`0351, E 380.00(1) N 52'36_43 - E _(R? X51.1`' � �r 3D3.43 -. Cl/ SEE DETAIL -A" SHEET 4 6' ROW DEDICATION 2,930 sq, fL.a LOT 1 SEE SHEET 4 24' EVAE & DSRSDE -' N 69"09'15" E 32613' PSE 33' PSE 1'1 4'r yLi_�N 69'08'15" E 383:00' EVAE & DSRSDE & PSE - -�` -- - -LIU PAE N 6906'15' E 419.00' - -- — PAE SEE DETAIL "F_ THIS SNEET 15' SDE IIETAIL "F1" CURVE II I DELTA SCALE: 1" a_3_0' CI II � Iw 16'37' - r -- I L45 40m, N 69'08 "F 5" 11.43' C3 25-00' 1R'27'3S" 7 -18' LJC' j� LOT LOT 31.42' 05 SEE SHEET 4 SEE SHEET 4 3 3 IOVI'm y 15' -SDE h" I l II,4,1 I v 11 I = I 1 , 15' SDE SEE DETAIL 'H' THIS SHEET i.l '� �.t~�`N 781724• E'AtS' I � 4 DETAIL "8" SCALE: 1' = 60' J = L57i AV I w ac 0 W I.N H a z LOU C7 I a I I 1fi.00' 4.00' I , 27 -00' f� I i 1 H f� O� N N 22'4221' W 25.88' - ,SEE DETAIL 'D" THIS SHEET _______ N $91 - - -- E ________ 1 N 8g 8.54' I 47.73' -PS�y ' O�$O: 17.5 L36 t PSE SEE DETAIL 'G" � g 16.50 THIS SHEET LOT 1 SDE *n'�v° C2 J t t" ry"1C3- f "L23 `\ �P 15' SIDE I I L131 EVAE If tisR SDE & PSE DEE: 1" =" SCALE: 1" = 3C' 36' PSE T- - - - - -- ----- ---- -- ---- I -------------------- --------- - - - - -- �.- _.`67.81, N DETAIL "D" i N SCALE: I" 20' L43 LOT 2 _ l: 2 L40 L39 I is LOT 3 L41 £ i 83.33• • .l t r , , 3m 1g 98. - - - - -- �. - -- DETAIL "E" NOT TO SCALE I LOT 1 ' L48 I l ` r I SDE L4� y� A r f LOT 2 °'� .' C5 EVAE & PSE ; L46 �� & DSRSDE - SDE IIa L50 ItO' PAE PAE —- -,._ —� f'� I I €� I Ifn I ' I L_______� ------ r- 15- SDE______ -------------------------- - - - - -1. DETAIL "F" I NOT TO SCALE N 69718'15' E (R) � 1 L27 LOT 1 ,il —P''� AI PAEl I a - _. � ' N 20`5145` W LOT 2 I $ L15 74.00 PAE C. :24.00 (°1 I OSRSDE -- 419_00` PAE a -- 419.00' PAE CID PAE N 69'9$'15• E_ (RL_ ; LOT 4 ___ ' CURVE TABLE CURVE RADIUS DELTA LENGTN CI 40.00' 16'37' 11.61' 02 40m, 16'22110" 11.43' C3 25-00' 1R'27'3S" 7 -18' C4 _. 2D,00' 9 00" '00. 31.42' 05 , ALAMEDA COUNTY RECORDS _ , C6 486,00' `14" 21 -81' C7 SCALE: AS NOTED =1'i i ' .64' C9 ROW -- RIGHT OF WAY Bl(F 0141 15.00' 9O'O0'OO' 3.55' LEA - EXTERIOR BOUNDARY LINE — — — — — — - EXISTING EASEMENT LINE - PARCEL LINE PER DOCUMENTS - - - - - - - - - - - - - - EASEMENT UNE PARCEL MAP 1'10027 — - - - - - MONUMENT LINE — — — — — -- CITY LIMIT LINE as■ rssssssss��ssstraassssessapss ►exs><r► 0 -- FOUND STANDARD CITY MONUMENT 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 ALAMEDA COUNTY RECORDS O.R. - OFFICIAL RECORDS * rr�rr�rrstrrere44a�rx�rx�rrrr * : :stxts>rXS #iil,kt Y4t PAE - PUBLIC ACCESS EASEMENT CITY OF DUBLIN ALAMEDA COUNTY CAWFORNLA DATED: MARCH 2011 PM - PARCEL MAP GRAPHIC SCALE PSE - PUBLIC SERVICE EASEMENT SCALE: AS NOTED (R) - RADIAL BEARING ROW -- RIGHT OF WAY Bl(F 4fi7ll 118LOR ROW 9111E 250 CA � ]' SDE - STORM. OPA14 EASEMENT f u1' Feet' 1 Na ' 915,13 -7100 (T) - TOTAL 1 lnc6 - 60 R 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 GR A N T D E E D DU B L I N , CA L I F O R N I A JO B N O . BY SC A L E A0 1 6 0 4 - 3 GK L 1" = 4 ' SH E E T 1 O F 1 DA T E AP R I L 2 0 1 6 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