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Item 4.08 PUE/EVAE Tr6308Lot152
CiTY CLERK FILE 670-40 AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 19, 2000 SUBJECT: ATTACHMENTS: RECOMMENDATION: Approval of Vacation for Public Utilities Easement (P.U.E) and Emergency Vehicle Access Easement (E.V.A.E.) Originally Dedicated with Tract 6308 (Hansen Hill) for Lot 152. Adoption of Revised Public Utilities (P.U.E) and Emergency Vehicle Access Easement (E.V.A.E.) for Tract 6308 over Lots 152 and "C" Report Prepared by: Lee S. Thompson, Public Works Director 1) 2) Resolution Approving Vacation of P.U.EL and E.V.A.E., together with Easement Quitclaim Deed with Exhibits "A" and "B" attached Resolution adopting new P.U.E and E.V.A.E., together with Grant Deed with Exhibits "A" and "B" attached /~Adopt resolutions Approving Vacation of P.U.E. and E~V.A.E. and adopting revised P.U.E and E.V.A.E. FINANCIAL STATEMENT: No financial impact to the City will result from the recommended action. DESCRIPTION: Final Tract Map 6308 for Phase II of the Hansen Hill Development, consisting of 108 single-family residential lots, was approved by City Council on June 3,1997 (Resolution No. 66-97). On this Final Map, a Public Utility Easement (P.U.E) and an Emergency Vehicle Access Easement (E.V.A.E:) were originally created over lot 152 and open space Lot C to provide for the installation of utilities and for a point of access to open space Lot C. Since that time, lot line adjustments for lots 152 and 153 have been submitted by Warmington Homes (developer) to the City to alter the lot lines due to minor changes in grading and house placement during construction. The lot line adjustments have been approved by the City, with the result that the old easements previously accepted on Tract Map 6308 need to be vacated and the new P.U.E. and E.V.A.E. accepted. Staff recommends that the City Council adopt the Resolution approving the vacation of existing P.U.E and E.V.A.E and accepting the revised P.U.E and E.V.A.E. COPIES TO: Carolyn Hipp, Warmington Homes ITEM NO. G:developXhansen\agst evae abandon_822.doc RESOLUTION NO. - O0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING QUITCLAIM~ OF PUBLIC UTILITY EASEMENT AND EMERGENCY VEHICLE ACCESS EASEMENT IN TRACT 6308 (HANSEN HILL) WHEREAS, the Final Map for Tract No. 6308, in the incorporated territory of the City of Dublin, State of California, was accepted by the City Council on June 3, 1997, all in accordance with the provisions of the Subdivision Map Act of the State of Califomia and the City of Dublin Municipal Code; and WHEREAS, the City of Dublin has offered to quitclaim a public utility easement and emergency vehicle access easement to the onsite developer, Warmington Homes, as shown in the attached quitclaim deed, together with Exhibit A and Exhibit B; NOW, THEREFORE, BE IT RESOLVED that the rights to the strip of land marked Public Utility Easement (P.U.E.) and Emergency Vehicle Access Easement (E.V.A.E.) in said exhibit, as offered in quitclaim to said developer in conformity with the terms of the quitclaim be, and is hereby approved; and that the Mayor of the City of Dublin is hereby authorized to execute the quitclaim deed. PASSED, APPROVED AND ADOPTED this 19th day of December 2000. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g: Xdevelop XPlansen Hilllreso pue_evae quitclaim RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: WARMINGTON HOMES 3160 CROW CANYON, S-200 SAN RAMON, CALIFORNIA, 94583 MAIL TAX STATEMENTS TO: SAMEASABOVE (Space above this line is for Recorders Use) EASEMENT QUITCLAIM DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF DUBLIN, a Public Agency of the State of California, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to WARMINGTON HOMES, that certain easements in the City of Dublin, County of Alameda, State of California, described as follows THOSE CERTAIN EASEMENTS OVER LOTS 152 AND "C" , AS SHOVVN ON TRACT 6308, FILED IN MAP BOOK 233, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SHOWN AS THE 15.00' PUBLIC UTILITY EASEMENT (P.U.E.) AND EMERGENCY VEHICLE AND ACCESS RIGHTS (E.V.A.E.) AS SHOWN ON EXHIBIT "B" ATTACHED HERETO. SAID EASEMENTS DEDICATED AND ACCEPTED ON SAID TRACT NO. 6308. CITY OF DUBLIN STATE OF CALIFORNIA ) ) SS COUNTY OF ALAMEDA ) ON THIS DAY OF ,200Q BEFORE ME, _, PERSONALLY APPEARED , 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/SHE EXECUTED THE SAME IN HIS/HER AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER SIGNATURE ON THE INSTRUMENT THE PERSON, OR THE ENTITY UPON WHICH THE PERSON,ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND: NOTARY PUBLIC IN AND FOR SAID STATE PRINT NAME MY PRINCIPAL PLACE OF BUSINESS IS IN ALAMENDA COUNTY MY'COMMISSION EXPIRES 1:\951071\MAPPINGXLLA\quitclaim-ease.doc 10/04/99 EXHIBIT 'A' LEGAL DESCRIPTION AN EASEMENT FOR PUBLIC UTILITIES (P.U.E.) AND EMERGENCY VEHICLE AND ACCESS RIGHTS (E.V.A.E.) OVER A PORTION OF PARCEL A, IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, AS SHOWN ON A LOT LINE ADJUSTMENT 99-6 RECORDED ,1999, AS INSTRUMENT NO. , OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWESTERLY CORNER OF PARCEL 1, AS SHOWN ON SAID LOT LiNE ADJUSTMENT; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 1 AND THE EASTERLY PROLONGATION OF SAID SOUTHERLY LINE, NORTH 67014'34'' EAST, 174.38 FEET; THENCE NORTH 38°53'11" EAST, 67.06 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL A; THENCE ALONG SAID EASTERLY LINE THE FOLLOWING TWO ( 2 ) COURSES, 1) SOUTH 14002'00'' EAST, 25.34 FEET TO A POINT ON A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF232.00 FEET, AND 2) SOUTHERLY 24.32 FEET THROUGH A CENTRAL ANGLE 'OF 06°00'23'' .TO A POINT ON THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF PARCEL 2, AS SHOWN ON SAID LOT LINE ADJUSTMENT; THENCE ALONG SAID NORTHERLY LINE SOUTH 67014'34" WEST, 224.61 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL 2. SAID POINT BEING ON A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 46.00 FEET. SAID CURVE BEING A WESTERLY LINE OF SAID PARCEL A. A RADIAL LINE THROUGH SAID CURVE BEARS NORTH 77°53'28'' EAST; THENCE NORTHWESTERLY ~17,.10 FEET ALONG SAID CURVE THROUGH A CENTRAL ANG'LE OF 21 °17'49""'TO SAID POINT OF BEGINNING. AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HEREOF AND MADE A PART HEREOF. 'JADA JAN A. ,: R.C.E. 21687i 07t02/99 \\Pdc-a%1995%951071%MAPPING\LEGALS%LOT152-C.doc EXHIBIT "-B" QUITCLAIM PLAT Curve Table No. Delta Radius Length Tangent C1 128'z~7'03'' 46.00' 103,39' 95.98' C2 56'39'49" 4-6.00' 45.49' 24-.80' C3 47'57'10" 4-6.00' 38.50' 20.46' LOT C N28'55'59"'W PARCEL 1 LI~,% 99-6 z LOT ORIGINAL EASEMENT TO BE QUITCLAIMED PARCEL 2 LI.J-,\ 99-,8 153 LOT 151 4 .~,, 06\17\98 951071 \MAPPING\LEGALS\LOT152-C LOT 1 54 // Adams- 8treeter L5 Corporate Park, Irvl~e, CA 92806 Ph; 714-~230 Fax: 714 474-~25l eamil: AS[ASl~x,netcom,eem RESOLUTION NO. - O0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTING PUBLIC UTILITY EASEMENT AND EMERGENCY VEHICLE ACCESS EASEMENT FOR TRACT 6308 (HANSEN RANCH) WHEREAS, the Final Map for Tract No. 6308, in the incorporated territory of the City of Dublin, State of Califomia, was accepted by the City Council on June 3, 1997, all in accordance with the provisions of the Subdivision Map Act of the State of Califomia and the City of Dublin Municipal Code; and WHEREAS, the onsite Developer, Warmington Homes, has offered to grant to the City of Dublin a Public Utility easement and Emergency Vehicle Access Easement over Tract 6308, as modified by Lot Line Adjustment 99-6, and shown in the attached grant deed, together with Exhibit A and Exhibit B; NOW, THEREFORE, BE IT RESOLVED that the rights to the strip of land marked Public Utility Easement (P.U.E.) and Emergency Vehicle Access Easement (E.V.A.E.) in said exhibit, as offered to public use in conformity with the terms of the grant be, is hereby accepted; and that the Clerk of this City Council be and is hereby directed to transmit said Grant of Easement to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 19th day of December, 2000. AYE S: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk g: Idevelop~Iansen HillXreso pue_evae accept Reco~zded at the request of: After Recording, return to: CITY OF DUBLIN City Engineer P. O. Box 2340 Dublin CA 94568 Escrow No. __(Name of Grantee) Warming ton Hans en DUBLIN Associates, L.P. , a Califomia ('"~F,,, ,' ,~.,,, partnership, etc.), does grant unto the CITY OF all right, title and interest in and to all that real property situate in the City of Dublin, County of Alameda, State of Califomia, described as follows: as described in Exhibit "A" ' ATTACHLEGAL DESCRIPTIONAND PLAT Warmington HansenAssociates, L.P., a California Limited Partnership By: Warmington Homes, a California Corporation, General Partner Daed Nove er 8 ,~ 2000 ~eh~a~~resident Northern California DivisiOn A TTA CH NOTARIZA TION This is to certify that the interest in real property conveyed herein to the City of Dublin, a governmental agency, is hereby accepted by Richard Ambrose, City Manager, and/or Lee Thompson, City Engineer, on behalf of the Dublin City Council pursuant to authority conferred by Resolution No. 24-87 of the Dublin City Council, adopted on April 13, 1987, and the grantee consents to the recordation thereof by its duly authorized officer. RICHARD C. AMBROSE, CITY MANAGER AND/OR LEE THOMPSON, CITY ENGINEER Dated: By: CALIFORNIA ALL-PURPOSE. ACKNOWLEDGMENT State of California On ~_tar~'J'ttD~t~?r)-~/2Z~before me,' personally appeared ~ SS. · A. t cnn a_o 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 "~ Rji~~A- BENNARDO! N T COMM. # 1253453 RY PUBLIC-CALIFORNIA ONTI~ CO~TA COUNTY. .... co....x..,...,E3' ,J, 2J . Place Notan./Seat Above to be the personS) whose name(~) is/ar-e subscribed to the within instrument and acknowledged to me that he/shc/t. hey executed the same in his/~:~r/t.h~r authorized capacity(jes), and that .by his/-hef/th~r signatureCs') on the instrument the person(j), or the entity upon behalf of which the person(is') acted, executed the instrument. WITNESS my hand and official seal. 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer --'Title(s): [] Partner- [] Li'mited [] General [] Attorney in Fact []' Trustee [] Guardian or Conservator [] Other: Top of thumb here Signer Is Representing: © 1999 National Notan/Association * 9350 De Soto Ave., P.O. Box 2402 · Chatsworth, CA 91313-2402 · www. nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT 'A' LEGAL DESCRIPTION AN EASEMENT FOR PUBLIC UTILITIES (P.U.E.) AND EMERGENCY VEHICLE AND ACCESS RIGHTS (E.V.A.E.) OVER A PORTION OF PARCEL A, IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, AS SHOWN ON A LOT LINE ADJUSTMENT 99-6 RECORDED ,1999, AS INSTRUMENT NO. , OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWESTERLY CORNER OF PARCEL 1, AS SHOWN ON SAID LOT LINE ADJUSTMENT; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 1 AND THE EASTERLY PROLONGATION OF SAID SOUTHERLY LINE, NORTH 67014'34" EAST,' 174.38 FEET; THENCE NORTH 38°53'11" EAST, 67.06 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL A; THENCE ALONG-SAID EASTERLY LINE THE FOLLOWING TWO ( 2 ) COURSES, 1) SOUTH 14002'00'' EAST, 25.34 FEET TO A POINT ON A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 232.00 FEET, AND 2) SOUTHERLY 24.32 FEET THROUGH A CENTRAL ANGLE OF 06°00'23'' TO A POINT.ON THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF PARCEL 2, AS SHOWN ON SAID LOT. LINE ADJUSTMENT; THENCE ALONG SAID NORTHERLY LINE SOUTH 67014'34'' WEST, 224.61 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL 2. SAID POINT BEING ON A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 46.00 FEET. SAID CURVE BEING A WESTERLY LINE OF SAID PARCEL A. A RADIAL LINE THROUGH SAID CURVE BEARS NORTH 77053'28'' EAST; THENCE .NORTHWESTERLY ~17,. ! 0 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21°1 7'49"~T0 SAID POINT OF BEGINNING. AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HEREOF AND MADE A PART HEREOF. A. R.C.E. 21687 ?' 07/02/99 \\Pd c-a',1995\951071 \MAP PIN G\L EGALS\LOT152-C. doc EXHIBIT "B" INSPIRATION i~~25~~fw Z~~,~~g~' LIj-/,, 99-e I i~ PARCEL A I {k~ LL-~ 99-5 LOT 15'1 PARCEL 'J LI_A 99-5 06\17\98 951071 \MAPPING\LEGALS\LOT152-C . ORIGINAL EASEMENT TO BE QUITCLAIMED PARCEL 2 LI_j-,\ 99-5 LOT 1 54 // TRACT NO, 63Oe MB 233/82-39