HomeMy WebLinkAboutItem 4.10 SumVacateDubRanL1CTTY CLERK FILE # 670-40
AGENDA STATEMENT
CTTY COUNCTL MEETTNG DATE: August 7, 2001
SUBJECT:
Approval of Summary Vacation for Portions of Public Service
Easement (P.S.E) in Tract 6956, Dublin Ranch, Neighborhood L-1
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
1)
2)
Resolution Approving Summary Vacation of Portions of
Public Service Easement Encumbering Lots 14 and 85 of
Tract 6956, Dublin Ranch, Neighborhood L-l, along with
Easement Quit Claim Deeds for Lot 14 (City of Dublin to
Richard and Patricia Burroughs) and Lot 85 (City of Dublin
to Brookfield Chantemar LLC)
Location Map
RECOMMENDATION: ~
Adopt Resolution Approving Summary Vacation of Portions of
Public Service Easement Encumbering Lots 14 and 85 of Tract
6956, Dublin Ranch, Neighborhood L-1
FINANCIAL STATEMENT:
No financial impact to the City will result from the recommended
action.
DESCRIPTION: The subject 8-foot-wide Public Service Easement (P.S.E.) was
dedicated to the public on the Final Map for Tract 6960, Dublin Ranch, Neighborhood L-5, to allow
construction and maintenance of the public sidewalk, underground utilities, and street lights. After the
Final Map was recorded, the bulk parcel of Neighborhood L-5 was again subdivided to create Tract 6956,
Neighborhood L- 1.
During the processing of the improvement plans and map for Neighborhood L- 1, it was noted that
portions of the 8-foot-wide P.S.E. would conflict with proposed community walls along the side yards of
Lots 14 and 85. After examining the locations of the wall, the sidewalk, and the proposed utilities, it was
determined that there are no utilities or other improvements located within the P.S.E, and the conflicting
portions of the P.S.E. (4 feet on each Lot) could be vacated without compromising the City's access to the
improvements within the remaining -easement area in the future.
Although the City' s General Plan discusses the dedication of 5-foot-wide easements on each side of
a Residential Collector street, Staff has determined that a reduced easement width of 4 feet for these
specific locations is not inconsistent with the General Plan. The 4-foot-wide remainder of the P.S.E
will remain in full force and effect for the original purposes for which it was dedicated.
COPIES TO:
G:~DEYELOP\Dublin RanchXLl-brookfield\agst pse abandon_6956.doc
Steve Lucas, Brookfield Homes
ITEM NO.
The developer, Brookfield Chantemar LLC, has prepared the two required Easement Quit Claim
documents for execution by the Mayor to memorialize this Summary Vacation.
Staff recommends that the City Council adopt the Resolution approving the Summary Vacation for
portions of the 8-foot-wide P.S.E. encumbering Lots 14 and 85 of Dublin Ranch Neighborhood L- 1, Tract
6956.
Page 2'
RESOLUTION NO. - 01
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
SUMMARILY VACATING PORTIONS OF PUBLIC SERVICE EASEMENT
ENCUMBERING LOTS 14 AND 85 OF TRACT 6956
(STREETS AND HIGHWAYS CODE CHAPTER 4)
WHEREAS, an 8-foot-wide Public Service Easement (P.S.E.) was originally dedicated to the public on
Tract Map 6960 (Book 242 of Maps, at Pages 85 to 95); and
WHEREAS, portions of the 8-foot-wide P.S.E. now inappropriately encumber Lots 14 and 85 of Tract
6956 (Book 251 of Maps, at Pages 48-53); and
WHEREAS, portions of the 8-foot-wide P.S.E. to be vacated, as described as "PORTION TO BE
ABANDONED" on each of the two Easement Quitclaim Deeds (one deed for Lot 14 and one deed for Lot 85)
attached hereto, have been determined to be no longer necessary; and
WHEREAS, portions of the 8-foot-wide P.S.E. to be vacated contain no utilities or services; and
WHEREAS, after considering the City's General Plan, the City Council finds that a reduced P.S.E. width
of 4 feet is not inconsistent with the General Plan requirements for Residential Collector streets, and this easement
abandonment is therefore not inconsistent therewith; and
WHEREAS, it is to the benefit of the City to vacate said P.S.E. as provided in Chapter 4 of the Streets and
Highways Code;
NOW, THEREFORE, BE IT RESOLVED that portions of the g-foot-wide P.S.E. that now encumber Lot
14 and Lot 85 of Tract 6956, as more particularly described on each of the two Easement Quitclaim Deeds
attached hereto, are no longer necessary, and are hereby vacated, while the remaining portion of the P.S.E. remains
in full force and effect.
BE IT FURTHER RESOLVED that the City Council hereby directs and authorizes the Mayor to execute
each of the two Easement Quit Claim Deeds.
BE IT FURTHER RESOLVED that the City Clerk is directed to forward each of the two executed
Easement Quitclaim Deeds, along with a certified copy of this Resolution attached to each, to the County Recorder
for recording.
PASSED, APPROVED AND ADOPTED this 7th day of August, 2001.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Richard Burroughs
Patricia Burroughs
5587 North Dublin Ranch Drive
Dublin, CA 94568
MAIL TAX STATEMENTS TO:
)
)
)
Same as Above )
)
(Space above this line is for Recorders Use}
APN 985-24-19 (portion).
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
Richard B. Burroughs and Patricia M. Burroughs, husband and wife, as joint
tenants
that certain portion of the Public Service Easement (P.S.E.) in the City of Dublin, County
of Alameda, State of California, described and shown on Exhibits "A" (2 pageS)
attached hereto and made a part hereof.
CITY OF DUBLIN
GUY S. HOUSTON, MAYOR
(Notary Acknowledgement Attached)
ACKNOWLEDGMENT:
STATE OF CALIFORNIA ) SS.
COUNTY OF ALAMEDA )
ON , 2001, BEFORE ME
PERSONALLY APPEARED GUY S. HOUSTON
PERSONALLY KNOWN TO ME (OR PROVE'D TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE) TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN
INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN HIS
AUTHORIZED CAPACITY, AND THAT BY HIS SIGNATURE ON THE INSTRUMENT THE
PERSON, OR ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE
INSTRUMENT.
SIGNATURE
(This area for official notarial seal)
EXHIBIT 'A'
PAGE 1 OF 2
7/27/2001
F;C.I.
DESCRIPTION
ABANDONMENT OF A PORTION 'OF AN 8.00 FEET PUBLIC SERVICE EASEMENT
BEING OVER, UNDER, AND ACROSS A PORTION OF THAT CERTAIN PARCEL OF LAND KNOWN AS:
LOT "~4" OF "TRACT 6956' AS FILED ON THE 21s'r DAY OF JUNE, 2000 IN BOOK 251 OF MAPS, AT PAGES
48 TO 53, ALAMEDA COUNTY RECORDS, CALIFORNIA, FOR PURPOSES OF AN ABANDONMENT OF A
PORTION OF THE 8.00 FEET PUBLIC SERVICE EASEMENT AS SHOWN DEDICATED UPON THAT
CERTAIN FINAL MAP ENTITLED: "TRACT 6960' AS FILED ON THE 7TM DAY OF APRIL, 1999 IN BOOK 242
OF MAPS, AT PAGES 85 TO 95, OFFICIAL RECORDS OF ALAMEDA COUNTY, CALIFORNIA, LYING AND
BEING IN THE CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTHERLY 4.00 FEET OF THE EXISTING 8.00 FEET PUBLIC SERVICE EASEMENT AS MEASURED
CONCENTRIC IN A NORTHERLY DIRECTION FROM THE SOUTHERLY PROPERTY LINE OF SAID LOT
"14' [SAID SOUTHERLY PROPERTY LINE MEASURED WITH "A RADIUS OF 383.00 FEET, A CENTRAL ANGLE OF
12°08'43", AND AN ARC LENGTH OF 81.18 FEET"].
OVER, UNDER, AND ACROSS A PORTION OF: ASSESSOR'S PARCEL NUMBER 985-0024-019.
SAID PORTION TO BE ABANDONED CONTAINING 330 SQUARE FEET, 0.008 ACRES, MORE OR LESS.
END OF DESCRIPTION
PREP ,. D B
FI~ED C. I' ' '"NGALL'-~'I~I~ENSED
PROFESSIONAL LAND SURVEYOR No. 5859
(EXP. 12/31/2004)
STATE OF.CALIFORNIA
P: \legals\ 16034\6925 \pse-abandl-6956.doc
illAt KAY.8 $0111P.$
CIVIL ENGINEERING'LAND PLANNING' LAND SURVEYING
5142 Franklin Drive Suffe B, Pleasanton, CA. 94588-8355
(925] 225-0690
EXHIBIT "A"
PAGE 2 OF 2 ,
I ~~ '~k ' ~ ~ ~ ~~ --' ~.~
,,/~~ ~-~./~//
,~. ~ PUBL (PSE)
ABANDONMENT
OVER LOT 14 ,,, TRACT
LEGEND:
PSE PUBLIC SERVICE EASEMENT
PORTION TO BE ABANDONED = 530 S.F. (0.008 AC.)
7-27-~'001 Fei P:\16034\6956-[l\pse-v~c.dwg
CITY OF' DUBLIN, CALIFORNIA
IIIAOKAY-& SomPs
CIVIL ENGINEERINGeLAND PLANNINGeLAND SURVEYING
5142-B FRANKLIN I~RIVE - PLEASANTnN, CA
(925) 225-0690 FAX (925) 225-0698
PDT/FCI 1"= 20' JULY 27, 2001l 19101-2
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Brookfield Chantemar LLC
5960 InglewoOd Drive
Suite 200
Pleasanton, CA 94566
MAIL TAX STATEMENTS TO:
)
)
)
Same as Above )
)
(Space above this line is for Recorders Use)
APN 985-24-90 (portion).
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
Brookfield Chantemar LLC, a Delaware limited liability company
that certain portion of the Public Service Easement (P.S.E.) in the City of Dublin, County
of Alameda, State of California, described and shown on Exhibits "A" (2 pages)
attached.hereto and made a part hereof.
CITY OF DUBLIN
GUY S. HOUSTON, MAYOR
(Notary Acknowledgement Attached)
ACKNOWLEDGMENT:
STATE OF CALIFORNIA
COUNTY OF ALAMEDA
ON
) SS.
)
2001, BEFORE ME
, PERSONALLY APPEARED GUY S. HOUSTON
PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE) TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN
INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN HIS
AUTHORIZED CAPACITY, AND THAT BY HIS SIGNATURE ON THE INSTRUMENT THE
PERSON, OR ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE
INSTRUMENT.
SIGNATURE
(This area for officia notarial seal)
EXHIBIT "A"
PAGE 1 OF 2
DESCRIPTION
19101-2
7/27/2001
F.C.I.
ABANDONMENT OF A PORTION OF AN 8.00 FEET PUBLIC SERVICE EASEMENT
BEING OVER, UNDER, AND ACROSS A PORTION OF THAT CERTAIN PARCEL OF LAND KNOWN AS:
LOT "85' OF "TRACT 6956" AS FILED ON THE 21tr DAY OF JUNE, 2000 IN BOOK 251 OF MAPS, AT PAGES
48 TO 53, ALAMEDA COUNTY RECORDS, CALIFORNIA, FOR PURPOSES OF AN ABANDONMENT OF A
PORTION OF THE 8.00 FEET PUBLIC SERVICE EASEMENT AS SHOWN DEDICATED UPON THAT
CERTAIN FINAL MAP ENTITLED: "TRACT 6960' AS FILED ON THE 7~ DAY OF APRIL, t999 IN BOOK 242
OF MAPS, AT PAGES 85 TO 95, OFFICIAL RECORDS OF ALAMEDA COUNTY, CALIFORNIA, LYING AND
BEING IN THE CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTHERLY 4.00 FEET OF THE EXISTING 8.00 FEET PUBLIC SERVICE EASEMENT AS MEASURED
PERPENDICULARLY IN A NORTHERLY DIRECTION FROM THE SOUTHERLY PROPERTY LINE OF SAID
LOT "85" [SAID SOUTHERLY PROPERTY LINE MEASURED "NORTH 78°07'47'' EAST 94.36 FEET"].
OVER, UNDER, AND ACROSS A PORTION OF: ASSESSOR'S PARCEL NUMBER 985-0024-090.
SAID PORTION TO BE ABANDONED CONTAINING 377 SQUARE FEET, 0.009 ACRES, MORE OR LESS.
END OF DESCRIPTION
PROFESSIONAL LAND SURVEYOR No. 5859
(EXP. 12/31/2004)
STATE OF CALIFORNIA
P:\legals\ 16034 \6925 \p~e-ab and2-6956.doc
lilA(:KAY& SomPs
CIVIL ENGINEERING' LAND PLANNINGO LAND SURVEYING
,5142 Franklin Drive. Suite B, F,leosc~nton, CA~94588-3355
(925) 225-0690
EXHIBIT "A"
PAGE 2 OF 2
0 10
SCALE
20 40
1" =20'
LEGEND:
PSE PUBLIC SERVICE EASEMENT
PORTION TO BE ABANDONED = 377 S.F. (0.009 AC.)
7-27-2001 ~cl P:\16034\6956-ll\pse-vac.dw~
PUBLIC SERVICE EASEMENT (PSE)
ABANDONMENT
OVER LOT 85,,, TRACT 6956
CITY OF DUBLIN, CALIFORNIA
mAelCAY& Seek
CIVIL ENGINEERINGeLAND PLANNINGeLAND SURVEYING
5142-B FRANKLIN DRIVE - PLEASANTE]N, CA
(925) ~5-0690 FAX ¢9~5) 225-0698
SCALE DATE JOB#
19101-2
HI,ON
Loc/~ ,1o .~