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HomeMy WebLinkAboutItem 4.02 DSRSDEasementPM7708CI'TY CLERK FILE # 670-40 AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 15, 2002 SUBJECT: Approval of Grant of Easement for Public Utility and Right-of-Way to Dublin San Ramon Services District (DSRSD) Across Parcel 2 of Parcel Map 7708 (Santa Rita Property, Emerald Glen Fire Station No. 17) Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) 2) 3) Resolution Approving Grant of Easement to DSRSD across Parcel 2 of Parcel Map 7708 (Santa Rita Property, Fire Station No. 17) Grant of Easement for Public Utility and Right of Way (City of Dublin to DSRSD) Location Map RECOMMENDATION: FINANCIAL STATEMENT: Adopt Resolution Approving Grant of Easement for Public Utility and Right of Way to DSRSD across Parcel 2 of Parcel Map 7708 (Emerald Glen Fire Station No. 17) No financial impact to the City will result from the recommended action. DESCRIPTION: As part of the development of Emerald Glen Fire Station #17 on Madigan Road just north of Gleason Drive, DSRSD has asked the City to grant an Easement for Public Utility and Right-of-Way across Parcel 2 of Parcel Map 7708. The easement will allow DSRSD maintenance access to a required on-site fire hydrant and waterline. The City acquired Parcel 2 from Alameda County Surplus Property Authority via a recorded Grant Deed. To effectuate the easement conveyance, DSRSD has prepared a Grant of Easement document for execution by the Mayor. Staff recommends that the City Council adopt the Resolution approving the Grant of Easement for Public Utility and Right-of-Way to DSRSD across Parcel 2 of Parcel Map 7708 (Emerald Glen Fire Station No. 17). COPIES TO: G:\DEVELOP\E.Dublin Firestation~Fire Station 17kagst easement DSRSD.doc Bert Michalczyk, DSRSD ITEM NO. 141 RESOLUTION NO. -02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVAL OF EASEMENT CONVEYANCE FOR PUBLIC UTiLiTY AND RIGHT-OF-WAY TO DUBLIN SAN RAMON SERVICES DISTRICT ACROSS PARCEL 2 OF PARCEL MAP 7708 (SANTA RITA PROPERTY, EMERALD GLEN FIRE STATION NO. 17) WHEREAS, the City of Dublin (City) acquired title to Parcel 2 of Parcel Map 7708, (Book 256 of Maps at Pages 17 through 20) via a Grant Deed recorded on August 6, 2001, as Series No. 01-087877, for the purposes of constructing Emerald Glen Fire Station No. 17 at 6200 Madigan Road; and WHEREAS, the Dublin San Ramon Services District (DSRSD) has asked the City to execute a Grant of Easement for Public Utility and Right-of-Way purposes across said parcel to allow access to DSRSD-maintained water facilities; and WHEREAS, DSRSD has presented the Grant of Easement document to the City for execution; and WHEREAS, it is to the benefit of the City to grant said easement to DSRSD; NOW, THEREFORE, BE IT RESOLVED that the easement across Parcel 2 of Parcel Map 7708, as more particularly described on the Grant of Easement referenced herein, is hereby granted to DSRSD pursuant to the terms contained within the easement document. BE IT FURTHER RESOLVED that the City Council hereby directs and authorizes the Mayor to execute the Grant of Easement. BE IT FURTHER RESOLVED that the City Clerk shall assure that the executed Grant of Easement document, along with a certified copy of this Resolution, are returned to DSRSD for subsequent acceptance and recording. PASSED, APPROVED AND ADOPTED this 15th day of October, 2002. AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk G:~DEVELOP\[ Mayor Recording Requested By: And When Recorded Mail To: Dublin San Ramon Services District 7051 Dublin Boulevard Dublin, CA 94568 Mail Tax Statements To: Snace Above This Line For Recorder's Use No Tax Due Nancy Gamble, District Secretary Dublin San Ramon Services District EASEMENT NO. By this instrument dated The CITY OF DUBLIN, a municipal corporation AFFECTS A.P.N. 986-0023-002 ESCROW NO. GRANT OF EASEMENT ~, for a valuable consideration, hereinafter "GRANTOR", being owners of the real property described in Exhibit"A" attached hereto and incorporated by this reference, hereby GRANTS to DUBLIN SAN RAMON SERVICES DISTRICT, a political subdivision organized and existing under the community services district laws of the State of California, Counties of Alameda and Contra Costa, the following described interest in the real property located in the State of California, County of Alameda, City of Dublin: a perpetual Public Utility and Right of Way Easement for the purpose of excavating, installing, constructing, reconstructing, repairing, maintaining and operating improvements including but not limited to sanitary sewer lines and/or water lines and all appurtenances thereto, together w/th the right of ingress and egress therefor, in, under, over, along and across that certain land: As described in Exhibit "B" attached hereto and incorporated by this reference. GRANTOR hereby agrees to refrain from building, erecting or allowing any structure or improvement over the easement herein granted, iN WITNESS WHEREOF, GRANTOR has executed this Grant of Easement as of the day and year first above written. GRANTOR Janet Lockhart, Mayor Date H:\ENGDE!~T~TEMPLATE\FOP,3&P~rmilting\I~ASEMNT2,DOC Reference: Emerald Glen Fire Station #17 6200 Madigan Road, Dublin CA C:\Documcnt$ and Settings~nichaels\Local Settings\Temporary Internet Files\OLK4\0830 dsrd MJF,DOC CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California '~ ss. County of On ,, ~ , before me, Date personally appeared Name end Title of Officer (e.g., "Jane Doe. Notary Public") Name(s) of Signer(s) [] personally known to me [] 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(les), and. that by his/hedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is net required by/aw, it may prove va/uable.to persons re/ying on the document and cou/d prevent fraudulent remove~ and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer-- Title(s): [] Partner--[] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here ~ '[g99 Natlonsl Notary AsSOCiation · 9350 De $oto Ave., P.O. Box 2402 · Chatsworlh, CA 91313-2402 · www. natJonalnota~y.o rg Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT A DESCRIPTION Of GRANTOR'S PROPERTY STATE OF CALIFORNIA, COUNTY OF ALAMEDA, CITY OF DUBLIN; PARCEL 2 OF PARCEL MAP 7708, FILED FOR RECORD ON MARCH 14, 2001, IN BOOK 256 OF MAPS AT PAGE 17 THROUGH 20 INCLUSIVE, OFFICIAL RECORDS OF ALAMEDA COUNTY, CALIFORNIA. W:\AUGUST\2002\Legal Descriptions\0830 DUBLI'N EASEMENT AO1609 MJF.DOC EXHIBIT B DESCRIPTION OF PUBLIC UTILITY AND RIGHT OF WAY EASEMENT IN FAVOR OF DUBLIN SAN RAMON SERVICES DISTRICT FOR FIRE SERVICE WATER LINE TO CITY OF DUBLIN, EMERALD GLEN FIRE STATION #17 LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ALAMEDA, CITY OF DUBLIN DESCRIBED AS FOLLOWS: BEING A PORTION OF PARCEL 2 OF PARCEL MAP 7708, FILED FOR RECORD ON MARCH 14, 2001, IN BOOK 256 OF MAPS AT PAGE 17 THROUGH 20, INCLUSIVE, OFFICIAL RECORDS OF ALAMEDA COUNTY, CALIFORNIA, FURTHER DESCRIBED AS FOLLOWS: A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID PARCEL 2, DISTANT THEREON SOUTH 1 ° 43' 08" WEST, 14.36 FEET FROM THE NORTHEAST CORNER THEREOF; THENCE LEAVING SAID EASTERLY LINE NORTH 88° 16' 52" WEST, 62.14 FEET; THENCE SOUTH 1 ° 43' 08" WEST, 19.75 FEET TO THE END OF THIS DESCRIPTION AND CONTAINING 1,228 SQUARE FEET OF LAND, MORE OR LESS. THE BEARINGS USED IN THE ABOVE DESCRIPTIONS ARE BASED UPON THE BEARING OF NORTH 1 ° 43' 08" EAST, TAKEN ON THE EASTERLY LINE OF PARCEL 2 OF PARCEL MAP 7708 FILED FOR RECORD ON MARCH 14, 2001, IN BOOK 256 OF PARCEL MAPS AT PAGE 17, OFFICIAL RECORDS OF ALAMEDA COUNTY, CALIFORNIA. A PLAT OF THE ABOVE DESCRIBED EASEMENT IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS EASEMENT 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. THIS ~ DAY OF~_~ -~~-I~_2002 EXECUTED KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC. MICHAEL J. FOLEY PROFESSIONAL LAND SURVEYOR STATE OF CALIFORNIA, NUMBER 5777 LICENSE EXPIRES: 06/30/04 ~ ,\ Exp.. 06-30-2004 J, I! % 'No. 5777 ~ W:X, AUGUST\2002XZ, egal Descriptions\0830 DUBLIN EASEMENT A01609 MJF.DOC O LEGEND A,P.O,B ACTUAL POINT OF BEGiNING P,O.C POINT OF COMMENCEMENT 4o 8o I Scale 1"= 40 ft PARCEL 3 J ' FILED ~ARCH '14, 2001 J BIq 256 M 17-20 s~"43'oa"w J~ NE CORNER CL OF 15' WIDE O m : PARCEL 2 : - PARCEL MAP 7708 FILED MARCH 14, 2001 BK 256 M 17-20 J ~88' 13'55"W 200.00' M Y I PARCEL 1 , FILED MARCH 14, 2001 I ~EST 2/2 KIER · WRIGHT P~UC CIVIL ENGINEERS · SURVEYORS, INC. ~G~ OF WAY ~E~ DATE 9/03/02 ~25~ 0uar~ Lan~. suite 145 (925) 249-~S~5 ~OR D.S.~.D. BY MJF/AM D~ ~A CO~ ~~ JOB NO. A01609 I II IIII IIIIIllll IIII III1~111 I III II Z LOCATION MAP NO#':/22'55'W t77,97' lfL00' Oo F. ~