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HomeMy WebLinkAboutItem 8.1 SumVac LandscapeEase CITY CLERK File # D~[l][Q]-@[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 17, 2001 SUBJECT: Approval of Summary Vacation for Landscape Easement originally granted by the Tafjens for public landscaping at the north-east corner of San Ramon Road and Amador Valley Boulevard (Casa Orozco Restaurant), and Acceptance of replacement Grant of Public Landscape Easement. Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: I) Resolution approving Summary Vacation of Landscape Easement 2) Easement Quitclaim Deed with Exhibit "A" attached 3) Original Easement Plat (for reference) 4) Resolution accepting replacement Grant of Public Landscape Easement 5) Executed Grant of Public Landscape Easement with Exhibits "A", "B", and Certificate of Acceptance attached 6) Location map 7) Excerpt from Parking Lot Reconstruction Plan showing easement location and future monument footprint RECOMMENDATION: ~ 1) Adopt resolution approving Summary Vacation of Landscape Easement 2) Adopt resolution accepting replacement Grant of Public Landscape Easement. FINANCIAL STATEMENT: No financial impact to the City will result from the recommended action. DESCRIPTION: . The Landscape Easement to be vacated and replaced was originally granted by Gladys, Donald, and Virginia Tafjen, the owners (as trustees) of the Casa Orozco/Foster's Freeze Restaurant property, to allow the City to landscape the northeast corner of San Ramon Road and Amador Valley Boulevard. This work was accomplished as part of Capital Improvement Project 95-06. As part of the project, the existing plantings in front ofthe ornamental wall and surrounding the Chamber of Commerce sign were removed and replaced with new trees, shrubs, and an irrigation system that the City currently maintains. COPIES TO: Donald Tafjen, property owner ()c~ Jesus Orozco, Casa Orozco ITEM No.1 6.1_ i ~ G:\DEVELOP\casa orozco\agst easement abandon. doc Casa Orozco Restaurant has now asked the City to vacate the original 779-square- foot Landscape Easement so that a replacement 6l7-square-foot Public Landscape Easement can be granted with a configuration that allows the restaurant parking lot to be reconstructed and expanded. The expansion will add seven new parking stalls. As part of Cas a Orozco's project, the ornamental wall will be removed, and one of the existing trees will be relocated to allow space for the new parking lot curbs and paving. In addition, the landscaping treatment at the corner will be enhanced with a new hedge and several varieties of shrubs. The existing Chamber of Commerce sign will be preserved in its current location. The corner has also been designed to accommodate a potential future City gateway monument consistent with the features described in the various downtown Specific Plans adopted by the Council on December 19,2000. Said gateway monument could replace the existing Chamber of Commerce sign, and would be consistent with the City's Downtown Streetscape Implementation Plan under development by the consulting firm of Freedman Tung and Bottomley. The applicant has agreed to remove the ornamental wall and size the replacement easement to accommodate a possible monument and surrounding landscaping. All costs associated with the future monument would be funded by the City. The replacement Grant of Public Landscape Easement document has been executed by the Tafjens and, if accepted by the Council, will be recorded along with the executed Easement Quitclaim Deed to memorialize the change in easement configuration. This action will then extinguish the encumbrance that prevents Casa Orozco from implementing their proposed parking lot expansion. Staff recommends that the City Council adopt a Resolution approving the Landscape Easement Summary Vacation and authorize the Mayor to sign the Easement Quitclaim Deed. Staff further recommends that the City Council adopt a Resolution accepting the replacement Grant of Public Landscape Easement and authorize the Mayor to sign the Certificate of Acceptance. Page 2 , , RESOLUTION NO. - 01 ; ~ 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* SUMMARIL Y VACATING A LANDSCAPE EASEMENT ORIGINALLY GRANTED BY THE TAFJENS AT THE NORTH-EAST CORNER OF SAN RAMON ROAD AND AMADOR VALLEY BOULEVARD (STREETS AND IDGHW AYS CODE CHAPTER 4) WHERAS, a Landscape Easement was granted to the City by the Tafjens and recorded with the Alameda County Recorder on 10/05/95 as Series No. 95282579 which encumbered an area at the north- east corner 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: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk J:\WPDIMnrsw\114\OOl\2000IReso\evae abandon_823.doc S.;;;2., 4/;1/01 ~~---L- 1 RECORDING REQUESTED BY: City of Dublin ; ~/D WHEN RECORDED MAIL TO: Donald P. Tafjen 6 Darnby Court Orinda, CA 94563 ABOVE THIS LINE FOR RECORDER'S USE A.P.N. 941-173-7 (por.) EASEMENT QUITCLAIM DEED FORA 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 TAFJENFAMILY 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 LANDSCAPING1. 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 ."..,~.~~.~g,.!.._....,"-~"~,~-,, ~ 'll. ... .... 3 r:t' 10 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 9031 '27" EAST, AN ARC LENGTH OF 62.83 FEET, A RADIUS OF FORTY (40) FEET AND A CENTRAL ANGLE OF 90000'00", TO A TANGENT POINT ON SAN RAMON ROAD RIGHT OF WAY, THENCE NORTH 9031 '27" WEST 13.00', THENCE NORTH 80028'33"EAST 11.13', THENCE SOUTH 9031 '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 89027'41", THENCE SOUTH 9031 '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 .. - ==="-",~,=,-=-,,,=w~'-!l HEDGF~~-----~ t - ..... :;l =--- --"""-''''.'' i ~. -1 - (7:v::-f~y~vy-~:'<~(::-;=Cj \ .., . ^" ,.... ... . ." (:,~,~~~t:A_~r-~^,A;,>_::_":~~,j-"-./'00.j --~" ~ I ! '\.'\! ~ '-",,- I ~ " , r~l ! "" ! ~!li'. .>4. " '." .., " . ~~ : ' I ARE J\----~--- .~ .~~ --'---'- ---........... ----.---.. ---...--- . /<, REA -------~, ., / ,", . '...,. N r"'f)G "...,4,,:-1' ~- ~,_ u~ A ILl)) W ~'3 ri() . / ,''''''' " RAM P ---.---- --'X'''''......, ./ \ .... ---- \ ~. \ '-." , "- /' '- '--. \ " ~ '. ',-- /' \ ....., \ ",/" \ ., / \ /. . ... 1,;-- I , . i j EASE Hie =r DiR Ii r.i 1l E ~J "r. j~ ~ l\.AI nl! '~':.:; 1 f'\' P['ANTER .'. ..~:.~:.~ "', 1" .. n ...,"~' . 30.28' 47.57' 89027'.41" N"'~-- ,,~. A WALL " F)( I-IIRIT ".r SIGN/' ,.~..:......,... PE EASEMFNT 9.67 FIG R ;: 40.001 L :; 62.83' 4 ;; 90000'Oq JINT OF BEGINNING DUND HUB & TACK) 80028'33" W, 1.13'- " ! i , ! ~ l~ I ,. I- PLANTER I I I 10/05/95 -l RESOLUTION NO. - 01 .5 4 ID A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ACCEPTING A GRANT OF PUBLIC LANDSCAPE EASEMENT GRANTED BY THE TAFJENS AT THE NORTH-EAST CORNER OF SAN RAMON ROAD AND AMADOR VALLEY BOULEVARD WHERAS, a Public Landscape Easement has been granted to the City by the Tafjens to replace an easement originally recorded with the Alameda County Recorder on 10/05/95 as Series No. 95282579, encumbering an area at the north-east corner of San Ramon Road and Amador Valley Boulevard; and WHERAS, the City Council has, by separate resolution, quitclaimed the original easement; and WHERAS, the new easement area will accommodate a future Secondary Gateway Monument if the City Council elects to enhance this intersection in a manner consistent with the Downtown Core Specific Plan recommendations previously adopted by City Council Resolution 229-00 on 12/19/00; and WHEREAS, Section 27281 of the California Government Code (CGC) requires that deeds or grants conveying any interest in or easement upon real estate to a governmental agency for public purposes must meet specific requirements; and WHEREAS, the requirements include evidence of a Certificate of Acceptance attached to the deed or grant prior to recordation. NOW, THEREFORE, BE IT RESOLVED that the Grant of Public Landscape Easement and accompanying legal description and plat attached hereto, is hereby accepted. BE IT FURTHER RESOLVED that the City Council hereby directs and authorizes the Mayor to execute the Certificate of Acceptance. BE IT FURTHER RESOLVED that the City Clerk is directed to forward the executed Grant of Public Landscape Easement with attached legal description, plat, and Certificate of Acceptance, 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: ABSTAIN: Mayor ATTEST: City Clerk J:\WPDIMnrsw\114\OOlI2000IReso\evae abandon_823.doc 1 ___':t_- , . ....w -'- -- RECORDING REQUESTED BY: City of Dublin b crt ID WHEN RECORDED MAIL TO: City Engineer City of Dublin Public Works Dept. 100 Civic Plaza Dublin, CA 94568 A.P.N. 941-173-7 (por.) ABOVE THIS LINE FOR RECORDER'S USE GRANT OF PUBLIC LANDSCAPE EASEMENT For and in consideration of the benefits to be derived by the undersigned by the establishment and maintenance of public landscaping and for other valuable c;onsideration, the undersigned, GLADYS TAFJEN. TRUSTEE. THE GLADYS TAFJEN TRUST DATED 2 APRIL 1984. as to an undivided 60% interest. and DONALD P. TAFJEN AND VIRGINIAR TAFJEN. TRUSTEES. THE DONALD AND VIRGINIA TAFJEN FAMILY TRUST DATED MAY 8.1987. as to an undivided 40% interest . hereby IRREVOCABLY offers to grant to the City of Dublin, a Municipal Corporation, a PERPETUAL EASEMENT for PUBLIC LANDSCAPING PURPOSES in. over, and across the real property in the City of DUBLIN County of ALAMEDA . State of California, described as A PORTION OF LOT 1. TRACT 2944. FILED JUNE 29.1967 IN BOOK 55 MAP PAGE 30. IN THE OFFICE OF THE ALAMEDA COUNTY RECORDER. AND FURTHER DESCRIBED IN THE LEGAL DESCRIPTION AND PLAT ATTACHED HERETO AND MADE A PART HEREOF FOR LEGAL DESCRIPTION AND PLAT, SeE EXHIBIT "A" AND EXHIBIT "B" (attach additional notary statements as required) STATE OF CALIFORNIA } CQUNTY OF (!e>....-6--.- c.-...... 1::.'"'( } On Fe-b, '5': ~\ before me, r-:\~,~( ""t M. \tV h; tr-.~ personally appeared Q..(q d ~ '~.., __~__ P"'i: 'c:. \J ,"(" ~ <. ~.. Plir. $or:lally kRerhfl to 1"I.,e, OR proved to me on the basis of satisfactory evidence to be th person(s whose na~ J e '!) is~bscribed to the within instrument and acknowledge to me that he/she/~xecuted the same in his/he e. alilnOiized capacity(ies), and that by his/her;tr:letRsignatures(s) on the instrument the person(s), or the entity upon behalf of which the per~on(s) acted, execute"atiie instrument.. .. WITNESS my hand and official seal. a -.. sig~7C~o;a~_i /Yh ~~ d~ .~ ( .. " ! 5:.- ""","..._.,."~~~'.\C'-<,,,,::::t~~,,,~;:t.':W.~~ EXHIBIT "A" :J 15' ;0 PUBLIC LANDSCAPE EASEMENT DESCRIPTION REAL PROPERTY, SITUATE IN THE STATE OF CALIFORNIA, COUNTY OF ALAMEDA, CITY OF DUBLIN DESCRIBED AS FOLLOWS: BEING PORTIONS OF LOT 1 OF TRACT 2944, FILED FOR RECORD ON JUNE 29, 1967 IN BOOK 55 OF MAPS AT PAGE 30, OFFICIAL RECORDS OF ALAMEDA COUNTY, FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON AMADOR VALLEY BOULEVARD RIGHT OF WAY, SAID POINT TO BE THE SOUTHWESTERN MOST CORNER OF LOT 1, BLOCK 1, TRACT 2944, THENCE ALONG A NORTH-WESTERLY DIRECTION OF CURVE CONCAVING TO THE RIGHT 62.83 FEET, WITH A RADIUS OF FORTY (40) FEET AND A CENTRAL ANGLE OF 90000'00", TO A TANGENT POINT ON SAN RAMON ROAD RIGHT OF WAY, THENCE NORTH 9031 '27" WEST 11.55', THENCE NORTH 80028'33''EAST1.50', THENCE SOUTH 9031 '27" EAST, 11.55' TO A TANGENT CURVE ON A SOUTH-WESTERLY DIRECTION CONCAVING TO THE LEFT 12.73 FEET, WITH A RADIUS OF 38.50 FEET, AND A CENTRAL ANGLE OF l8056'45",THE RADIAL BEARING TO SAID CURVE BEARS NORTH 61031 '48" EAST, THENCE NORTH 80028'33" EAST 17.00 FEET, TO A CURVE ON A SOUTH-WESTERLY DIRECTION, A RADIAL BEARING OF NORTH 53032'56" EAST AND CONCAVING TO THE LEFT 22.53 FEET, WITH A RADIUS OF 26.17 FEET, AND A CENTRAL ANGLE OF 49019'58", THE RADIAL BEARING TO SAID CURVE BEARS SOUTH 04012'58" WEST, THENCE SOUTH 59030'20" EAST 3.00 FEET, THENCE SOUTH 9031 '27" EAST 12.00 FEET TO THE POINT OF BEGINNING ENCLOSING AN AREA OF 617 SQ. FEET MORE OR LESS. APN: 941-173-007 ~:~:;~~;;:< . ~fj5~r1;),~ 4v/t::) 'i<"_$: J.>...~':) . J '\ \~, . C;:;l -- 11.1. f....,..'- J. -- . -..I lJlAN IN · ~ ';;e. l~ ~NO'~.16'29tJjgjr '\:.\ft ~. 9--~D * ~.;.. ~ ~4~.... Hn\. ~~ ~~~ EXHIBIT "B" HIC RAMP EXIST, SIGN TO REMAIN EASEMENT LINE @ BACK OF CURB (TYP.) ~ ~ ~ PUBLIC LANDSCAPE EASEMENT (617 SQ" FT") o < o ~ z o :E ~ z <( (J) \ I I I I I , I I I I I I I I $: o (t:: I @ (G -" ~"{O ~ NEW 20 AMADOR VALLEY~ BLVD. ____________________w ____ . -- -- - -._- ---------- -- - ~I - - -.::::-::::-::.. ...- EXISTING SIDEWALK ~ Q) 0 ROW (/) P.O.B. ---- - - - -....-..... --- LOT 1 TRACT 2944 (55 M 30) (2/ '-- ,;/SACK OF- 2/ CURB (TYF V>/ .~ CURVE & LINE TABLE :".)"'-> 1- ~ C1 R=40.00 Delta: 90'00'OO" L=62.83' V L1 N 09"31'27" W 11.55' L2 N 80"28'33" E 1.50' L3 S 09"31'27" E 11.55' C2 R=38.50 Delta: 18"56'45" L=12.73' L4 N 80"28'33" E' 17.00' C3 R=26:17 Delta: 49"19'58" L=22.53 L5 S 59"30'20" E 3.00' 10 0 5 10 L6 S 09"31'27" E 12.00' ~ ~ ~ . ( IN FEET ) PLA T TO ACCOMPANY DESCRIPTION 1 inch = 10 ft. ."..._-~- ...-'" ...~ tj ;/ Jt> > C'). ~ ... .... FORMERLY: POR.BLK.aOO '" t:IJ f"l DRAWN: 07-20 u. ..... '" (;oJ :;; ",. ?" Vo I .9 '" '" )> /0 l..i' ;:0 f"l .." ,1:"c, ~ ~~ ~ ;:0 " c;- ~y 0/' * .p ~~ ,'I- ~ ~~ c$' '? c' ~'V " .,:b> , 'IJ..... .... f::J':;' ~ <S' @ ~ (}o C:;.. C :r '" :; .<1~ ~Olj> A A >"'-.. 0'0 is' VAllEY .......-...., z '" " ~ '" 0'0 is' lOCATION MAP - ... L a-- ,. -,~<!!!:.".~"=",,.,,~ :o'.~ + "'5",c0 TC.=361.22 INV.=360.72 ~E; ~~ 0........ ......... 1DO {;:)(). .. _ _ _ --".ll=. _. .._ .._ __. ;<:lio- - - - -:... . '-:-'.,..:=--~._.~.--..- - ;R!VEWA Y.......... ~-- --\-~ ..... ~y .......... FH ..... ..... ., ;::-~"":,;;:m:~P;,t-::--::"#.! '-'~ ~. q.>" ,89.00 ;c...v I ,c/',. / J(:""j %~ 131 ,- " J /(1 ---<.. ~VD.4Et-n (TYP.) / // ,PER CURB TO RAMP lWN FROM EXIST. ../ NEW PAVEMENT , AND "LY ed In I or EX. PLASl1C IN BOX lCRETE RATED BOX ~EW GRATE H NEW PAVEMENT EX. DRAIN ;2.54 / / ~C. 'IND ~ EX. CONe. PAD I I I SCAlE: 1- = 10.00' 'he PH Yl::iICALL Y HANUIC ~1;)=roW.1Ji:W'A"f =51 - = ::: = -= ::: =. == ==::: -= = =:...... (R100B) shall be placed \ mmediately adJacent to, and 11 visible from, the stoll or'S Ge, or at each entrance Ii to an off street parking fac1Tli~to, notify motorists that :! their vehicle will be towed away Ifih:!3Y pork In deslg- ,; noted stalls or spaces without 0 placdr'd.",or spacial :rtr /2) license plate. ,:':., 10 ! I ' '~, i{ DUBLIN POLICE DEPT. ....Z" Ii (925) 833-6670 '..... II "';,..... II "..... il "~" ,I " H ", II ';;', II \\. n FUTURE GATEWAY MONCi~N1) (BY CITY OF DUBLIN) ~:::/ BEGIN NEW CURB , IMPROVEMENTS " , "..... ' EX. SIGN ~" TO STtY. L = 62.83' H" '\ "- t<) R.. P ""-....-o()..,,'r~c, t:. = 90.00'Oe ,~,\r.:,\ R = 40.00' // \: \ ,:>'\ / '( \ . /" '(\ , \, \ \ \ \ \ \ -e:z 0-\ \ --'3 ~'O~.bi \\ \ ~"" \\ \ 1\ \ - II I \\ \ WIDEN CURB TO 1.0' i \ \\ \ \ \ i \ I REMOVE EXI~ I -oj:> r l!Ok- \,\v WALL AND C l' ~l I'" 24.00' FILL WI CONC. EXISTING PA[~KING AC PAVEMENT (TYP.) TO BE REPLACED EX. LIGHT POLE TO STAY. DO NOT DISTURB _ S=VARIES TO BE REMOVED AND INSTALL NEW CURB AS SHOWN V) to ~ t-S '1: fTl I I I I 8/ o. ~i I \/ - \ SEE DETAIL //> 1\ INSTALL ONE WAY <(C( ix:l '\ ~ DIRECTIONAL ARROW ~....., ) ~ ""'- A.O; ,-)) __ .+ {j' /// . \ SEE DETAil C 1// - / '~\ COMP ACT STENCIL ~ ~6 tXJ / ~ ~ . / I lQ'.I....~' ix:l / wfb N CU~ TO 1.0'.__ <1' )) c1QY /;;--.~ S=(U~:t5 1 :(l // 65::1: \ if Ii !! '> FL CO c. SWALEI!_ _..__ - --...-:::::J I SWALEI361.84 Ir--.-----.- I \ II __ 60' SiGN _ "- i j ,L -:... -. .. ..... L .-..'J / II '-<;.+T----,-/ ( LIMITS OF IMPROVEMENT \ Il - - \ @ PROPERTY LINE (TYP.) , ~\"'=-==:::===-::O':::;'='l1 " ,. . SP ADE RELOCATE EXISTING TREE I 1 Ii I' I I I I I I " o > --I CO 'I I, II II :1 Ii II !I il I, II Ii I I I I I I ! z o ~ ~ z <C (f) i II II II I; It :1 7.-- .. .."..;-'.-,."..,....,.".-....."..,.._,-~""""""'''"''''''~-';;.:>,..~~.;:..:.:;.