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HomeMy WebLinkAboutItem 4.02 SumVac EVAE PM7406CTTY CLERK FILE # 670-40 AGENDA STATEMENT CZTY COUNCZL MEETZNG DATE: April 17, 2001 SUBJECT: Approval of Summary Vacation for portion of Emergency Vehicle Access Easement (E.V.A.E.) originally dedicated on Parcel Map 7406 (Emerald Pointe) for Parcel 1 Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: RECOMMENDATION: 1) Resolution Approving Summary Vacation of E.V.A.E. 2) Quitclaim Deed with Exhibits "A" and "B" attached. 3) . Location Map. 'q/htF~opt resolution Approving Summary Vacation of E.V.A.E. FINANCIAL STATEMENT: No financial impact to the City will result from the recommended action. DESCRIPTION: An Emergency Vehicle Access Easement (E.V.A.E.) was dedicated on Parcel Map 7406 (Emerald Pointe) at the' request of the Fire Marshal to provide emergency vehicle access from east to west across the Emerald Pointe site for connection to the neighboring MicroDental site. Opus West Construction Corporation, acting on behalf of the property owner, California State Teacher's Retirement System, has asked that a portion of the E.V.A.E. be vacated to allow space for a new twO.level parking structure. Said parking structure is proposed on the west side of the original Emerald Pointe building to provide additional parking for the building tenants. The Fire Marshal does not object to the E.V.A.E. vacation as alternate access is now available via the driveway on Central Parkway. Since the subject E.V.A.E is not a major arterial, it is not discussed in the City's General Plan: Therefore, its abandonment is not inconsistent with the City's General Plan. The subject E.V.A.E. is no longer necessary, and is thus being abandoned via this summary vacation process. Staff recommends that the City Council adopt the Resolution approving the E.V.A.E. Summary Vacation, and authorize the Mayor to execute the Easement Quitclaim Deed. COPIES TO: Brad Wakahiro, OPUS West John H. Kuhl, Cox Castle & Nicholson, for California State Teacher' s Retirement System ITEM NO. G:\DEVELOPXEmerald Pointe\parking garageNagst evae abandon_417.doc /4e RESOLUTION NO. - O1 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: NOES: ABSENT: AB STAIN: Mayor ATTEST: City Clerk 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.) {Space 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) g:develop~emera/d pointedparking garagedquitclaim evae, doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. Coun~ of On Dat~ personally appeared , before me, Name and 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(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. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal 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(ies) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer -- Title(s): [] Partner- [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Top of thumb here Signer Is Representing: © 1999 National ~otaryAssociation · 9350 De Sot~ Ave., P.O, Box 2402 · Chatsworth. CA 91313-2402 · www, nationalnata~y. org Prod. NO. 5907 Reorder: Call Toll-Free 1-80(>876-6827 EXHIBIT "A" REAL PROPERTY DESCRIPTION "VACATED PORTION OF EMERGENCY VEHICLE ACCESS EASEMENT (E.V.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 ° 35'45", 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. W:XFEBRUARY\2001 \Notes-Legal\0226LD-mf. doc 97650-24 4/4/2001 9:48 AM Opus - Emerald Pt. EVAE Vacation - Parcel 1 PAGE 1 OF 2 PAGES 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 M.E, 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. MICHAEL J. FOLEY ~.~ PROFESSIONAL LAND SURVEYOR STATE OF CALIFORNIA NUMBER 5777 LICENSE EXPIRES: 06/30/04 Exp. 0640-2004 END OF WRITTEN DESCRIPTION END OF EXHIBIT "A" PAGE 2 OF 2. PAGES W:\FEBRUARYk2001 \Notes-LegaI\0226LD-mf..doc 97650-24 4/4/2001 9:48 AM Opus - Emerald Pt. EVAE Vacation - Pm'cei ] I PARCEL 3 , PARCEL 1 PM 7259 I PM 7259 234 P.M. 92 234 P.M. 92 ....,---- L - - ~8° : ~ .......... , I i _ ,. ,. PER PM 7406 . ,,K 2,9.9,,i '1 _1 I 25' E.V.A.E. '  I F \ " I I PARCEL I I 3 PM 7406 I~ I \ BK 249 M 96 I~,iI I~1 \ , I / I I I ~ ~ I I ~ ~ I~1 / I ~ I ~1 ~Z~// ,~, I~1 I I ' I I I' 25' ~;V.A.~. _~7 $.V.A.E. ~J PARCEL I ~ I % PM 740s I I 97650-24-EX.dwg 4-3-01 10:44:50 am SEE DETAIL ON SHEET 2 PARCEL 2 PM 7406 BK 24~m~ ~OF~ '~ MICHAEL J. FOL fZ Exp. 06-30-2004 ~; ~ No, i I ~ItEET I OF 2 SHEETS KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC. 1255 Quarry Lane, suite 145 (925) 249-6555 Pleasanton, California 94566 Fox (925) 249-65625 EXHIBIT "B" ~ PLAT TO ACCOMPANY LEGAL DESCRPTION- VACATION OF PORTION OF 26' WIDE E.V.A.E. · DATE 04/03/01 PARCEL 1 PM 7406 BY M.J.F. EMERALD POINT CITY OF DUBIJN ALAMEDA COUNTY, CAI,/FORmA JOB NO. 97650-24 I R=20.O0' I I I 'D=84°35'45'' /J. ~,~ L=29.53' "~ / / ~ N82'49'20,,W (R,) ~r--:] '--N 1205' W """~ ,a'a' s'ss"w cn 168..18' °13'35" E 179.96' ~ 7 R = 330.37' D=t0'48'32" L=62.32' '--' 'T ,t PARCEL L.Q r,q PM 7408 ~') [ BK 249 M 98 c,,,lI O · -- SOUTHWEST CORNER Z PARCEL :1 PM 7406 97650-24-EX.dwg 4-]-01 11:15:40 om ,"'1-.,' KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC. 1233 Quarry Lane, suite 145 (925) 249-6555 Pleasanton, California 94566 fax (g25) 24g-656-% T SHEET 2 OF 2 SHEETS EXHIBIT "B" scAxa PLAT TO ACCOMPANY LECAL DESCRIPTION VACATION OF PORTION OF 26' I~I)E E.V.A.E. DATE PARCEL 1 PM 7406 BY EMERALD POINT CITY OF DUBLIN ALAMEA COUNTY, P-AtnPORNIA · N.T.S. 04/03/01 M.J.F. JOB NO.. 97650-24 HACIENDA