HomeMy WebLinkAboutReso 056-01 VacateEaseTafjens RESOLUTION NO. 56 - 01
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
SUMMARILY VACATING A LANDSCAPE EASEMENT
ORIGINALLY GRANTED BY THE TAFJENS AT THE NORTH-EAST CORNER OF
SAN RAMON ROAD AND AMADOR VALLEY BOULEVARD
(STREETS AND HIGHWAYS CODE CHAPTER 4)
WHERAS, a Landscape Easement was granted to the City by the Tafjens and recorded with the
Alameda County Recorder on October 5, 1995 as Series No. 95282579 which encumbered an area at the
north-east comer of San Ramon Road and Amador Valley Boulevard; and
WHERAS, this Landscape Easement, which is proposed to be vacated as described on the
Easement Quitclaim Deed attached hereto, has been determined to be no longer necessary; and
WHEREAS, a replacement Public Landscape Easement will be granted by the Tafjens to allow
their tenant, Casa Orozco Restaurant, to reconfigure and expand their parking lot; and
WHEREAS, after considering the City's General Plan, the City Council finds that the General Plan
does not apply to this Landscape Easement and therefore this Landscape Easement is not inconsistent
therewith; and
WHEREAS, it is to the benefit of the City to vacate said Landscape Easement as provided in
Chapter 4 of the Streets and Highways Code.
NOW, THEREFORE, BE IT RESOLVED that the existing Landscape Easement, as more
particularly described on the Easement Quitclaim Deed attached hereto, is no longer necessary, and is
hereby vacated.
BE IT FURTHER RESOLVED that the City Council hereby directs and authorizes the Mayor to
execute the Easement Quitclaim Deed.
BE IT FURTHER RESOLVED that the City Clerk is directed to forward the executed Quitclaim
Deed along with a certified copy of this Resolution to the County Recorder for recording.
PASSED, APPROVED AND ADOPTED this 17th day of April, 2001.
AYES:
Councilmembers Lockhart, McCormick, and Zika and Mayor Houston
NOES: None
ABSENT: Councilmember Oravetz
ABSTAIN: None
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
On
Date
personally appeared
, before me,
Name(s) of Signer(s)
~personally known to me
D proved to me on the basis of satisfacto~
evidence
to be the person~"'whose namep~' is/ar~
subscribed to the within instrument and
acknowledged to me that he/.sl:~.U~reTexecuted
the same in his/,bedt, h~F authorized
capacity(jes'7, and that by his/,be'~/t~
signature~s-)~n the instrument the person,(-s~, or
the entity upon behalf of which the person,(-s')'
acted, executed the instrument.
WITNESS my hand and official seai.
Place Notary Seal Above
Signature of Notary Pub!ic
OPTIONAL
Though the information below is not required by/avv, it may prove va/uab/e to persons re/ying on the document
and could prevent fraudu/ent reinova/ and reatt~s 1~ to another document.
D m n
Description of Attached ocu e t
Title or Type of Document: ~, _ _
Document Date: Number of Pages: ,~
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer ~
Signer's Name: · _
[] Individual Top of thumb here
[] Corporate Officer -- Title(s):
[] Partner- [] Limited [] General
[] Attorney in Fact
[] Trustee
E3 Guardian or Conservator
[] Other: , .
1999 National Notary Association · 9350 De SOD Ave., EO. Box 2402 · Chatsworth, CA 91313-2402 · www, nationalnotary. orgProd, No, 5907Reorder: Call Toll-Free 1-800-876-6827
RECORDING REQUESTED BY:
City of Dublin
WHEN RECORDED MAIL TO:
Donald P. Tafjen
6 Darnby Court
Orinda, CA 94563
A.P.N. 941-173-7 (por.)
ABOVE THIS LINE FOR RECORDER'S USE
EASEMENT QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE CITY OF DUBLIN, a municipal corporation
does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to
GLADYS TAFJEN, TRUSTEE, THE GLADYS TAFJEN TRUST DATED 2 APRIL 1984, as to an
undivided 60% interest, and DONALD P. TAFJEN AND VIRGINIA R. TAFJEN,'TRUSTEES, THE
DONALD AND VIRGINIA TAFJEN FAMILY TRUST DATED MAY 8, 1987, as to an undivided 40%
the real property in the City of DUBLIN , County of ALAMEDA , State of California, described as
GRANT OF EASEMENT [FOR LANDSCAPING], FILED DECEMBER 5, 1995 AS SERIES NO.
95282579 IN THE OFFICE OF THE ALAMEDA COUNTY RECORDER, AND FURTHER DESCRIBED
IN THE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF
FOR LEGAL DESCRIPTION, SEE EXHIBIT "A"
By
GUY HOUSTON, Mayor, City of Dublin
See Attached Acknowledgement
EXHIBIT "A"
EASEMENT QUITCLAIM DESCRIPTION
BEGINNING AT A POINT ON AMADOR VALLEY BOULEVARD RIGHT OF
WAY, SAID POINT BEING THE SOUTHWESTERN MOST CORNER OF LOT 1,
TRACT 2944 RECORDED AT THE ALAMEDA COUNTY OFFICE OF OFFICIAL
RECORDS, BOOK 55, MAP PAGE 30, ON JUNE 29, 1967, THENCE ALONG A
CURVE CONCAVE TO THE RIGHT FROM A RADIUS BEARING SOURH 9°31 '27"
EAST, AN ARC LENGTH OF 62.83 FEET, A RADIUS OF FORTY (40) FEET AND A
CENTRAL ANGLE OF 90°00'00", TO A TANGENT POINT ON SAN RAMON
ROAD RIGHT OF WAY, THENCE NORTH 9°31 '27" WEST 13.00', THENCE
NORTH 80°28'33"EAST 11.13', THENCE SOUTH 9°31'27" EAST, 11.55' TO A
CURVE CONCAVE TO THE LEFT WITH AN ARC LENGTH OF 47.57 FEET, WITH
A RADIUS OF 30.28 FEET, AND A CENTRAL ANGLE OF 89°27'41'', THENCE
SOUTH 9°31 '27" EAST 11.17' FEET, THENCE NORTH 80028'33" EAST, 1.13 FEET
TO THE POINT OF BEGINNING ENCLOSING AN AREA OF 779 SQ. FEET MORE
OR LESS.
APN: 941-173-007