HomeMy WebLinkAboutReso 053-01 PM 7406 Vacate EVAE RESOLUTION NO. 53 - 01
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
SUMMARILY VACATING AN EMERGENCY VEHICLE ACCESS EASEMENT
LOCATED ON PARCEL 1 OF PARCEL MAP 7406
(STREETS AND HIGHWAYS CODE CHAPTER 4)
WHEREAS, a portion of the Emergency Vehicle Access Easement (E.V.A.E.) originally dedicated
across Parcel 1 of Parcel Map 7406 recorded in Book 249 of parcel Maps, pages 96 through 101 inclusive,
and further described on the Easement Quitclaim Deed with Exhibits "A" and "B" attached hereto, has
been determined to be no longer necessary; and
WHEREAS, the portion of the E.V.A.E. proposed to be vacated, as described on the Easement
Quitclaim Deed with Exhibits "A" and "B" attached hereto, does not contain existing utilities or services;
and
WHEREAS, an alternate access route for emergency vehicles now exists via the driveway on
Central Parkway which supercedes the necessity of this portion of the E.V.A.E as determined by the Fire
Marshal; and
WHEREAS, after considering the City's General Plan, the City Council finds that the General Plan
does not apply to this portion of the E.V.A.E and therefore this E.V.A.E. is not inconsistent therewith; and
WHEREAS, it is to the benefit of the City to vacate this portion of said E.V.A.E. as provided in
Chapter 4 of the Streets and Highways Code.
NOW, THEREFORE, BE IT RESOLVED that a portion of the existing E.V.A.E. that is located
on Parcel 1 of Parcel Map 7406, and is more particularly described on the Quitclaim Deed and Exhibits
"A" and "B" 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 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
AB SENT: Councilmember Oravetz
ABSTAIN: None
ATTEST:
K2/G/4-17-0
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RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
California State Teacher's Retirement System)
c/o Cox Castle & Nicholson LLP
2049 Century Park East, Suite 2800
Los Angeles, CA 90067
Attention: John H. Kuhl
MAIL TAX STATEMENTS TO:
SAME AS ABOVE
APN 986-0014-007 (por,)
(SDace above this line is for Recorders Use)
EASEMENT
QUITCLAIM DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CITY OF DUBLIN,
a Municipal Corporation
does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
CALIFORNIA STATE TEACHER'S RETIREMENT SYSTEM,
a public entity
that certain portion of the Emergency Vehicle Access Easement (E.V~A.E.) in the City of
Dublin, County of Alameda, State of California, described and shown on Exhibits "A"
and "B" attached hereto and made a part hereof.
CITY OF DUBLIN
GUY S. HOUSTON, MAYOR
(Notary Acknowledgement Attached)
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EXHIBIT "A"
REAL PROPERTY DESCRIPTION
"VACATED PORTION OF
EMERGENCY VEHICLE ACCESS EASEMENT (EN.A.E.)
PARCEL 1 - PARCEL MAP 7406"
REAL PROPERTY, SITUATE IN THE STATE OF CALIFORNIA, 'COUNTY OF
ALAMEDA, CITY OF DUBLIN DESCRIBED AS FOLLOWS:
BEING PORTIONS OF PARCEL 1 OF PARCEL MAP 7406, FILED FOR RECORD ON
MAY 9, 2000 IN BOOK 249 OF PARCEL MAPS AT PAGE 96 THROUGH 101,
INCLUSIVE, OFFICIAL RECORDS OF ALAMEDA COUNTY, FURTHER DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID PARCEL 1, DISTANT
THEREON NORTH 01 ° 23'35" EAST, 396.97 FEET FROM THE SOUTHWEST
CORNER THEREOF;
THENCE LEAVING SAID WESTERLY LINE, SOUTH 88° 13'35" EAST, 179.96 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF A 20.00 FOOT RADIUS
TANGENT CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 84 ° 35'43",
FOR AN ARC DISTANCE OF 29.53 FEET TO A POINT OF CUSP, THE RADIAL
BEARING TO SAID CURVE BEARS SOUTH 86°22'08'' WEST;
THENCE NORTHERLY ALONG THE ARC OF A 330.37 FOOT RADIUS TANGENT
CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 10 ° 48'32", AN ARC
DISTANCE OF 62.32 FEET TO A POINT OF CUSP, THE RADIAL BEARING TO SAID
CURVE BEARS NORTH 82°49'20'' WEST;
THENCE SOUTHWESTERLY ALONG THE ARC OF A 20.00 FOOT RADIUS
TANGENT CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 84° 3 5'45",
FOR AN ARC DISTANCE OF 29.53 FEET;
THENCE NORTH 88" 13' 35" WEST, 168.18 FEET;
THENCE NORTH 81'01'58" WEST, 12.05 FEET TO THE WESTERLY LINE OF SAID
PARCEL 1;
THENCE ALONG SAID WESTERLY LINE SOUTH 01 '23'35" WEST, 27.51 FEET TO
THE POINT OF BEGINNING.
CONTAINING 5,315 SQUARE FEET OF LAND, MORE OR LESS.
PAGE 1 OF 2 PAGES
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Opus - Emerald Pt. EVAE Vacation - Parcel 1
EXHIBIT "A"
THE BEARINGS USED IN THE ABOVE DESCRIPTIONS ARE BASED UPON THE
BEARING OF NORTH 88013'36" WEST, TAKEN BETWEEN FOUND MONUMENTS
ON GLEASON DRIVE AS SHOWN ON PARCEL MAP 7042 FILED FOR RECORD ON
MARCH 31, 1997, .IN BOOK 229 OF PARCEL MAPS AT PAGE 50, OFFICIAL
RECORDS OF ALAMEDA COUNTY;
PLATS OF THE ABOVE DESCRIBED PARCELS OF LAND ARE ATTACHED HERETO
AS EXHIBIT "B", SHEETS 1 AND 2 OF 2, AND BY THIS REFERENCE MADE A PART
HEREOF.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER
MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND
SURVEYOR'S ACT, AND SHALL NOT BE UTILIZED IN ANY CONVEYANCE WHICH
MAY VIOLATE THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA OR
LOCAL ORDINANCES.-
KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC.
STATE OF CALIFORNIA
NUMBER 5777
LICENSE EXPIRES: 06/30/04
Exp. 06-30-2004
END OF WRITTEN DESCRIPTION
END OF EXHIBIT "A"
PAGE 2 OF 2 PAGES
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97650-24 4/4/2001 9:48 AM
Opus - Emerald Pt. EVAE Vacation - Parcel 1
PARCEL ;3
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KIER 8c WRIGHT
CIVIL ENGINEERS 8c' SURVEYORS, INC.
t253 Quarry Lane, suite t45 (g25) 24g-6555
Pleasanfon, California g4566 Fax (g25) 249-6563
SEE DETAIL
ON SHEET 2
PARCEL
2
B PM 7~0~
K 249 M 9
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Exp. 06-30-2004
0 '~~
SHEET 1 OF 2 SHEETS
EXHIBIT "B"
PLAT TO ACCOMPANY LEGAL DESCRIPTION
VACATION OF PORTION OF 26' WIDE E.V.A.E.
PARCEL I PM 7406
EMERALD POINT
CITY OF DUBLIN ~A COUNTY, CALI/ORNIA
SCALE
DATE
BY
JOB NO.
1" = 130'
04/03/01
M.J.F.
97650-24
Ld
R=20.O0'
D=84o55'45''
L=29.55'
---N82,,j49'20,,W (e) / /
8~°o~ '5a"
D=10°48'52
L=62.32'
PARCEL
PM 7406
BK 249 M 98
SOUTHWEST CORNER
PARCEL 1 PM 7406
~~- - -
4-5-01 11:15:40 am
KIER & WRIGHT
CIVIL ENGINEERS &' SURVEYORS, INC.
1255 Quarry Lane, suite 145 (925) 249-6555
Pleasanfon, Callfornia 94566 Fox (925) 249-6565
EXHIBIT "B" SCAn~.
PLAT TO ACCOMPANY LEGAL DESCRIPTION
VACATION OF POETION OF 26' WIDE E.V.A.E. DATE
PARCEL 1 PM 7406
EMERALD POINT BY
crrY oF DUBLIN AIAM~DA COUNT~, c-afz~ORNIA JOB NO.
N.T.S.
04/03/01
M.J.F.
97650 -24