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HomeMy WebLinkAbout4.3 Grants of Public Right-of-Way for Dublin Boulevard and Scarlett Court (2)STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.3 DATE:February 16, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Grants of Public Right-of-Way for Dublin Boulevard and Scarlett Court Prepared by: Laurie Sucgang, City Engineer EXECUTIVE SUMMARY: The City Council will consider granting a portion of City property as Dublin Boulevard public street right-of-way and a portion of the City of Dublin Maintenance Corporation Yard property as Scarlett Court public street right-of-way. STAFF RECOMMENDATION: Adopt the Resolution Granting Public Right-of-Way for Dublin Boulevard over a Portion of Assessor Parcel Number 941-550-18-3, and adopt the Resolution Granting Public Right-of-Way for Scarlett Court over a Portion of Assessor Parcel Number 941-550-77-1. FINANCIAL IMPACT: There is no impact to the General Fund to effectuate the transfer of public property to public street right-of-way. Street improvements located in public street rights-of-way allow for use of transportation funding (i.e. gas tax, SB-1, etc.) for maintenance and repair of the street improvements. Improvements located on public property are not eligible for transportation funding. DESCRIPTION: There are portions of existing streets and associated improvements located outside of public street rights-of-way that Staff recommends be officially dedicated for the use and benefit of the public as a right-of-way for public street purposes over, under, along, and across the associated real property. Certain funding sources, such as Gas Tax, are restricted to use within public street rights-of-way, therefore officially dedicating the right-of-way for public street purposes will ensure compliance with such funding restrictions. Dublin Boulevard Alameda County Flood Control & Water Conservation District (Zone 7) recently quitclaimed a 24 Page 2 of 2 portion of existing Zone 7 property to the City. The property containing the Line G-1 Chabot Canal, which runs in the middle of Scarlett Drive, south of Dublin Boulevard, extends north approximately forty feet into Dublin Boulevard street improvements. During review of permit applications, City and Zone 7 Staff worked to develop a quitclaim deed that would allow Zone 7 to transfer a portion of their property to the City of Dublin, while retaining an easement for Zone 7 equipment located on the headwall of the canal. The City will accept the quitclaim, thereby taking ownership of the subject property. Staff recommends the City Council grant a public street right- of-way for Dublin Boulevard over the property. There are existing street improvements located within the property, such as pavement and a crosswalk. Scarlett Court An approximately 1,710-square-foot portion of the existing cul-de-sac bulb at the eastern end of Scarlett Court is located on the City’s property that contains the Maintenance Corporation Yard and the Alameda County Fire Department Vehicle Maintenance Facility. The cul-de-sac was constructed as part of the project that built the maintenance facilities. Staff recommends the City Council grant a public street right-of-way for Scarlett Court over the portion of property that contains existing pavement and sidewalk. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Granting Public Right-of-Way for Dublin Boulevard over a Portion of Assessor Parcel Number 941-550-18-3 2) Exhibit A to the Resolution – Public Right-of-Way Dedication, Dublin Boulevard 3) Resolution Granting Public Right-of-Way for Scarlett Court over a Portion of Assessor Parcel Number 941-550-77-1 4)Exhibit A to the Resolution – Public Right-of-Way Dedication, Scarlett Court 25 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN GRANTING PUBLIC RIGHT-OF-WAY FOR DUBLIN BOULEVARD OVER PORTION OF ASSESSOR PARCEL NUMBER 941-550-18-3 WHEREAS,on December 15, 2020, Alameda County Flood Control and Water Conservation District adopted District Resolution No. R-2020-548 quitclaiming to the City of Dublin, a portion of Assessor’s Parcel No. 941-550-18-3; and WHEREAS,on December 24, 2020, Alameda County Flood Control and Water Conservation District executed the Quitclaim Deed conveying interest in the property to the City; and WHEREAS, on January 26, 2021, the City Engineer, as authorized by City Council Resolution No. 24-87, accepted interest in the property conveyed by the Quitclaim Deed; and WHEREAS,the property conveyed by the Quitclaim Deed contains existing Dublin Boulevard street improvements; and WHEREAS, the City desires to dedicate the property conveyed by the Quitclaim Deed as Dublin Boulevard public street right-of-way. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin grants public right-of-way for Dublin Boulevard over a portion of Assessor Parcel Number 941-550-18- 3. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the grant for public right-of-way dedication for Dublin Boulevard, attached hereto as Exhibit A, and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 16th day of February 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: 26 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2 _________________________________ City Clerk 27 RECORDING REQUESTED BY: City of Dublin WHEN RECORDED MAIL TO: City Clerk CITY OF DUBLIN 100 Civic Plaza Dublin, CA 94568-0233 No Fee Required Government Code § 27383 APN: 941-550-18-3 Space Above This Line for Recorder’s Use PUBLIC RIGHT-OF-WAY DEDICATION Dublin Boulevard THE UNDERSIGNED GRANTOR DECLARES: DOCUMENTARY TRANSFER TAX IS $0.00 CITY TRANSFER TAX IS $0.00 This conveyance is exempt from the documentary transfer tax since a governmental agency is already possessed with real property interest, R & T 11922, and is granting an interest therein to the Public. For valuable consideration, the receipt of which is hereby acknowledged, the City of Dublin, a municipal corporation, as the undersigned GRANTOR and owner in fee of that certain real property located in the City of Dublin, County of Alameda, State of California, as more particularly described in Exhibit “A”, attached hereto and incorporated herein for all purposes of this dedication, does hereby dedicate for the use and benefit of the public as a right-of-way for public street purposes and incidents and appurtenances thereto, over, under, along and across all that real property situated in the City of Dublin, County of Alameda, State of California as described more specifically in Exhibit “A” attached hereto, and reserving therefrom the Zone 7 easement as described more specifically in Exhibit “A” attached hereto. GRANTOR: City of Dublin BY: ___________________________________ Linda Smith, City Manager Date: ____________________________ Attachment 2 28 EXHIBIT A LEGAL DESCRIPTION QUITCLAIM DEED & EASEMENT RESERVATION 3684396.1 29 30 31 32 33 34 35 36 37 Attachment 3 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 1 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN GRANTING PUBLIC RIGHT-OF-WAY FOR SCARLETT COURT OVER A PORTION OF ASSESSOR PARCEL NUMBER 941-550-77-1 WHEREAS,the City of Dublin owns the property located at 5777 Scarlett Court, Assessor’s Parcel No. 941-550-77-1, (“Property”); and WHEREAS,a portion of the Property contains existing Scarlett Court street improvements; and WHEREAS, the City desires to dedicate a portion of the Property as Scarlett Court public street right-of-way. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin grants public right-of-way for Scarlett Court over a portion of the Property. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the grant for public right-of-way dedication for Scarlett Court, attached hereto as Exhibit A, and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 16th day of February 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 38 RECORDING REQUESTED BY: City of Dublin WHEN RECORDED MAIL TO: City Clerk CITY OF DUBLIN 100 Civic Plaza Dublin, CA 94568-0233 No Fee Required Government Code § 27383 APN: 941-550-77-1 Space Above This Line for Recorder’s Use PUBLIC RIGHT-OF-WAY DEDICATION SCARLETT COURT THE UNDERSIGNED GRANTOR DECLARES: DOCUMENTARY TRANSFER TAX IS $0.00 CITY TRANSFER TAX IS $0.00 This conveyance is exempt from the documentary transfer tax since a governmental agency is already possessed with real property interest, R & T 11922, and is granting an interest therein to the Public. For valuable consideration, the receipt of which is hereby acknowledged, the City of Dublin, a municipal corporation, as the undersigned GRANTOR and owner in fee of that certain real property located in the City of Dublin, County of Alameda, State of California, as more particularly described in Exhibit “A” (legal description) and Exhibit “B” (plat map), attached hereto and incorporated herein for all purposes of this dedication, does hereby dedicate for the use and benefit of the public as a right-of-way for public street purposes and incidents and appurtenances thereto, over, under, along and across all that real property situated in the City of Dublin, County of Alameda, State of California, more particularly described as follows: GRANTOR: City of Dublin BY: ___________________________________ Date: ____________________________ Linda Smith, City Manager Attachment 4 39 PUBLIC RIGHT-OF-WAY DEDICATION.docx Rev: November 19, 2020 Date: October 28, 2020 File: 1930001.01 EXHIBIT ‘A’ LEGAL DESCRIPTION PUBLIC RIGHT-OF-WAY DEDICATION ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA BEING A PORTION OF PARCEL “A” AS SHOWN ON PARCEL MAP 1177, RECORDED IN BOOK 87 OF PARCEL MAPS, PAGE 69, ALAMEDA COUNTY RECORDS, AND BEING THE LANDS OF CITY OF DUBLIN AS DESCRIBED IN DOCUMENT NUMBER 2009-51538, ALAMEDA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL “A” AS SHOWN ON SAID MAP, THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL “A”, NORTH 89°14’44” EAST, A DISTANCE OF 13.42 FEET TO THE POINT OF BEGINNING AND A POINT ON A NON-TANGENT CURVE TO THE RIGHT, CONCAVE TO THE SOUTH, WHOSE CENTER BEARS SOUTH 68°18’10” EAST; THENCE ALONG SAID NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 45.50 FEET, A CENTRAL ANGLE OF 135°05’48” AND AN ARC LENGTH OF 107.28 FEET TO THE SOUTHERLY LINE OF SAID PARCEL “A”; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89°14’44” WEST, A DISTANCE OF 84.10 FEET TO THE POINT OF BEGINNING; SAID DEDICATION AREA CONTAINING 1,710 SQUARE FEET MORE OR LESS. SEE EXHIBIT ‘B’ PLAT MAP ATTACHED HERETO AND MADE A PART HEREOF. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THAT CERTAIN MAP ENTITLED “PARCEL MAP 1177”, RECORDED IN BOOK 87 OF PARCEL MAPS, PAGE 69, ALAMEDA COUNTY RECORDS. Prepared by: CSW/STUBER-STROEH ENGINEERING GROUP, INC. Josh Woelbing P.L.S. # 9387 40 Graphic Scale (in feet) 0 1 inch = 40 ft. 40 DUBLIN CALIFORNIAALAMEDA PLAT TO ACCOMPANY LEGAL DESCRIPTION PUBLIC RIGHT-OF-WAY DEDICATION EXHIBIT B Rev. - Date: 11/19/2020 Job No. 1930001.01 Scale:1" = 40' P:\Projects\1930001.01 Scarlett Ct Vacation and Merger Investigation\DWG\Legal Descriptions and plats\SCARLETT CT public street right-of-way\PLAT - SCARLETT PUBLIC RW.dwg 11/19/2020 - 09:48 AM tetiana 1:1 41