HomeMy WebLinkAboutItem 4.04 Quitclaim Drainage Easement Tract 5616 (2) 0-
CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: February 12, 1990
SUBJECT: Quitclaim of Blanket Drainage Easement - Tract 5616
(Fallon School Site)
(Report by Public Works Director Lee Thompson)
EXHIBITS ATTACHED: 1) Resolution
2) Letter from Transamerica Title
3) Location Map
RECOMMENDATION: /Adopt resolution approving quitclaim deed and
authorizing the Mayor to execute same.
FINANCIAL STATEMENT: None
DESCRIPTION:
In 1960, at the time that Tracts 2162, 2163, and 2164, were subdivided, Volk-
McLain Communities granted to the County of Alameda a blanket drainage
easement across properties to the northeast of those Tracts. The easement
document, a copy of which is attached, provides that- the County, or their
successor in interest, quitclaim the easement when the encumbered properties
were subdivided in the future and a subdivision map was recorded or other
adequate drainage facilities provided.
The property was subdivided by Parcel Map 5133, which was recorded in 1987.
Tract 5616, the 17-lot subdivision known as Brighton Meadows or the "Fallon
School Site, " is Parcel A of P.M. 5133. As an informational point, Parcel B
is Kolb Park and Parcel C contains the Dublin Unified School District
facilities and the Senior Center`%building. In addition to having been
resubdivided, the property is now separated from Tracts 2162, 2163, and 2164
by the I-680 freeway.
Since this property has met the criteria for the quitclaim, Staff recommends
that the City Council adopt the resolution approving the quitclaim deed for
Tract 5616 and authorizing the Mayor to execute it.
----------------------------------------------------------------------------
ITEM NO. COPIES TO: Toni Pinck, Transamerica Title
RESOLUTION NO. -90
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
---------------------------------------------
APPROVING QUITCLAIM DEED FOR BLANKET DRAINAGE EASEMENT
TRACT 5616 (PARCEL A OF PARCEL MAP 5133)
WHEREAS, in 1960 Volk-McLain Communities granted to the County of
Alameda a blanket drainage easement across properties to the northeast of
Tracts 2162, 2163, and 2164, said drainage easement to be quitclaimed at the
time the encumbered property was subdivided or other adequate drainage
provided; and
WHEREAS, the City of Dublin succeeded in interest to said
easement upon incorporation; and
WHEREAS, Parcel Map 5133 has subdivided the subject property;
NOW, THEREFORE, BE IT RESOLVED that the City Council approves
Quitclaim Deed, Exhibit A attached hereto, for Parcel A of Parcel Map 5133 in
favor of Brighton Meadows 89, a California limited partnership;
BE IT FURTHER RESOLVED that the Mayor is authorized to execute
said Quitclaim Deed.
PASSED, APPROVED, AND ADOPTED this 12th day of February, 1990.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
n � rti n t7 .7 rr s{5 s in P i'*4
„ n
RECOI r REQUESTED BY EXHIBIT A
4.
de t 't BRIGHTON MEADOWS 89
' 's 4 ].''-' AND WHEN RECORDED MAIL TO
r Name BRIGHTON MEADOWS 89
Street
tt Address C/O Pan-Cal Investment Co.
" tt city 4125 Blackford Ave. , Ste 20(
Sta
]'n_nv}4 �`_,,, le;cl+ty r„ t•i _S3 zlo1e LSan Jose, CA 95117
SPACE ABOVE THIS LINE FOR RECORDER'S USE—
it� �• rp ' MAIL TAX STATEMENTS TO
I ` �•
i DOCUMENTARY TRANSFER TAX S
Nama Same as above
COMPUTED ON FULL VALUE OF PROPERTY CONVEYED,
Street
r t *v t r Address OR COMPUTED ON FULL VALUELESS LIENS AND
ENCUMBRANCES REMAINING AT TIME OF SALE.
State
Zip
Signature of Declarant or Agent determining tax.Firm Name
t:~ TRANSFER TAX $
+
J
t
QUITCLAIM DEED
•. - +r-`..c,.�..p;•t,... '
(Escrow No.----°------°°_-_
6,. )
(CORPORATION)
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By this instrument dated_____________________________________________________________________________________________for a valuable consideration,
CITY OF DUBLIN, a municipal corporation, successor in
interest to COUNTY OF ALAMEDA
do........hereby remise,release and forever quitclaim to
BRIGHTON MEADOWS 89, a California limited partnership
Alameda
the following described Real Property in the State of California,County of--------------------------------------------------------------------
Dublin
:. .. ..:••: `.'.:._.'. _ ,.. City of---------------•-----------------------------------------------------
That certain easement recorded October 7, 1960, in Reel 182,
Image 254, Alameda County Records, insofar as said easement
affects Parcel "A" of Parcel Map 5133, as shown on map filed
April 17, 1987 in Book 168 of Maps, Page 37, Alameda County
Records.
h••
CITY OF DUBLIN
BY:
BY:
On........._..........................—.__...,19...........before me,the undersigned,a Notary Public in and for said
STATE OF CALIFORNIA
` J1) SS. County and State,personally appeared................................................................._.------.........•.............
COUNTYOF......._......-- and......................_..........___.....................................................................................known to me to be the
' ...............................................'----..............--'--•......................._...and.............--'------........_...---................................-•-'-'-----........respectively of the Corporation
o+ that executed the within instrument on behalf of the Corporation therein named,and acknowledged to me that such Corporation executed the same.
Notary's Signature....................._..................-..................................-.............---_._...._.......
E
MAIL TAX STATEMENTS AS DIRECTED ABOVE
TRANSAMERICA Transamcrica -
TITLE INSURANCE Title Insurance Gmy,any
468;Chahot Drive,Suite too
Pleasanton,CA 9.4 566
I'lerhonc 4 1 5 463-7970
FAX 415 847-o 36t
December 12 , 1989
Lee Thompson ��.r✓" y v >
City Engineer
CITY OF DUBLIN ���
100 Civic Plaza ,
Dublin, CA 94568 ` .
Re: Tract 5616
Dear Mr . Thompson:
Tract 5616 , which is currently at the city for checking , is
encumbered by a blanket drainage easement which was created by a
Grant of Easement from Volk-McLain Communities , Inc . to the
County of Alameda , recorded October 7 , 1960 in RE 182 Im 254 . A
copy of the document is enclosed.
The Grant of Easement provides for a quitclaim of the easement at
such time as the encumbered property is subdivided and/or other
drainage facilities provided . Since the property in question HAS
been previously subdivided ( by Parcel Map 5133 ) , and since the
City of Dublin is successor in interest to the Countv of Alameda,
I would like to request, on behalf of my client, that the City of
Dublin quitclaim this easement insofar as it affects the subject
property. Enclosed for your review is a Quitclaim Deed which will
accomplish this purpose . Also enclosed is a plat showing the
property originally subject to the easement ( I am assuming that
there have been other quitclaims before this) .
Please let me know whether the city is in a position to approve
this quitclaim . If you have any questions , or need additional
information , please call me.
Very truly yours ,
Toni Pinck
Builder Services
enclosures
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TM T I PrU made this i� day of ji
'betWeen VOIX-MCIAIN COMMUITIIS INC.. (formerly THE
' -VOLiC MOId;M CO„ a Corporation), a oorporation, party of
-7the firet part;:and C-01- .OF ALAMMA, a political au b1' u1 n
r j 7•'Of this-'State of.California, party of the second part,
is _:A , •„ „ party of the first part does herety GRANT to
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party of the accord part, a right of way and casement for the
purpose of permitting :rater to flow ZM vin from the north- I
.,; eastern boundary line of the tracts of land known and
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t q, designated as 'Tract 21c2. Pleasanton Township, Alameda County,
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-California" and '.met 2163, Pleasanton Township, Alameda
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i,. ; "'',� ,���3 ,•: . County, California". and a certain tract of land described
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In"Percel 3 heroin, de^cribed as follow!!:
+a "' PARCEL I;'. `Tract 2162. Pleasanton Tovnahlp. Alameda
w- Ccunty, California", f1le4 A st 21, 1460
1:in book A2 of Yaps. page 50, in the office of the County
Recorder of Alameda County.
99 ,_„PARCEL pr ""_Tract 2163, Pleasanton Township, Alameda
~---County; California". filed August 23. lf6O
27, irk book 42 of Yaps, pats 51, in the office of the County
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Reoorder of Alameda County. AO
VJZORM a*REqtx3r OF
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"SS MOINNIm at the intersection of the south-
eastern boundary lino of the tract of land
eh01n1_bt1 the map of'"Tract 2163; Pleasanton Township,
t y� Alnsada County,-California", filed August 23, 1960 in book
Woe lla2s,-page 511 in the office of the County Recorder
of. County, with the eastern line of Donohue Drive,
as^said drive is shown on said map; running thence along
the general easterly and northerly boundary line of said
t` z� + Tract 9163,-the following eoureee and distances: north 20'
53' ll!,Wst 50 foot; thence tangent with the last named
r, * _ aourso`,nortborly on a curve to the right with a radius of
'-320 f**t,'a distance of 135.50 feet; thence north 86' 37'
` P9''.west 165.44 feet thence north 40' 08' 56' west 176.15
' feet;'theaei north 48" 13' 31' west 161.28 feet; thence
north 66. 57' 37' west 314,25 feet; thence north 12' 09' 25'
east 85.89 het• thence north 17' 20' west 546.26 feet;
r then** forth 291 151 17' west 69.78 feet; thence north 63'
159 eaet 140 feet; thence north 26' 4�9 went 100 feet;thence
r,S north 69'. 15' east 20 feet; thence north 26' 45' west 60
t L feet; thence tangent with a line which bears south 63' 15'
vest, westerly and northwesterly along a curve to the right
'frith a radius of 20 feet, a distance of 31.42 feet; thence
-v •,° tangent with the lsat named course, north 26' 45' west 461
feet] thence tangent with tee last named course northwesterly
on a curve to the right with a radius of 570 feet, a distance
of 112.28 feet; thence south 69' 30' west 266,60 feet;thence
north 89' 16' west 217.98 feet and south 77' le' 35" west
to the eastern line of ftate Highway No. 21 leading from
gr?;. n"a ".},';': Danville to Dublin; thence leaving said northerly line of
" • >n�. v r Tract 2163 and running along said eastern line of the State
Highway No. 21, north 12' 41 25" west 1246.52 feet; thence
continuing along last named Inc,l south 77' 18' 35' west
5.00 feet; thence continuing along last named line, north
12' All 25" west 399.09 feet thence leaving said easterly
.:, -line and runninr north 77' 1 ' 'S" *set 150 feet; thence
south 12' 41' 25' east 19.14 feet; thence north 'T 18'
Tr g5" east 100 feet; thence north 12' 41' 25" west 4,73
j =feet;j thence north ' 18' 35' east 150 feet- thence south
�,7f'i 12' 41' 25' east 28. 3 feet- thence north �j le' 35" east
rt 100 feet thence north 12` G1' 2,' rest ?g,y3 feet thence
.3 •n;;• ';"- -"horth 77 18' 35' asst 250 feet j thence north 12' bl' 25"
y 1•" " ' west 29 feet; thence north 77' le' 35" east 225.69 feet to
a p01nt, from which point, a point in the canter line of
the survey by the Department of Public forks of the State
of California for the location of Interstate Route 660,
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beats north 510 32' 23.1" east 110 feet; thence parallel
with bald center line, tangent with a course which bears
1 s iii south 31' 27t 36.9 cast along a c:-vc to the left with a '
radius or 18,110 feet, a distance of 131.01 feet; thence
tangent with last said curve south 32' 521 29' east 3868,22
feet to a line drawn parallel with the direct extension
t , northeasterly of the southeastern boundary line of said
Tract 2163 and diets-it at riE;ht angles 20 feet southeasterly
therefrom; thence along I•!st said parallel line, south 69'
06� 49" vast 991.76 feet to a line drag parallel with and
'
dl ant at right angles 60 feet northeasterly from the north-
• '. eastern lin* of Donohue Drive, as shown on the map of 'Tract
2162;Pleasanton Township, Alameda County. California' filed
;•Assust 23, 1950 in book 42 of Maps, page 50,in the office of
the'County Recorder of Alameda Count; thence along last
4+ eaid parallel line, north 20" 53' 11 west 20 feet; thence
r k, south 69" 06' 49" rest CO feet to the point of beginnine.
AHD PERCOLATE in and on that certain real
<: property of the party of the first part, described as follows:
MILFMIG at the intersection of a line dra
- parallel with and dlz;tant at r1rht antlea 20 feet _outh-
+, easterly front the direct extension northeasterly of the south-
;' eastern line of the tract of land ihoun on the nap of "Tract
2163, Pleasanton :`ownshl , Alameda County, California",filed
August 23, 1950 in took E2 of t41p3, paEe 51, in the office
`+� a of the County Recorder of Alameda Comity, with a lire drawn
^ parallel with and distant at right angles 110 feet south-
"' ep; westerly from the center line of tha survey ty the Department
of Public Yorks of the State of California for the location
• ,t ?, of Interstate Route Ur,; running thence along said parallel
line, north 32' 52- 2S'" west 2935.46 feet; thence north 57"
07' 31 east to the southwentera line of the rignt of way
rf the Southern Pscif'c Company; thence along the last nam,,d
";. line, southeasterly to the southeastern line of Alamo Canal;
a.. thence along the la3L named line soulhweat^rly to the
northern line of Old Dublin Road; thence along the last 1
named line, westerly to said line drawn parallel with the
•a. �, t center line of the survey by the Department of Public Works
"• i' of the State of California; thence along said parallel line,
I north 32" 52' 29" west to the point of beg!nning.
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AS PART.of said right of way and easement,
party of the first part';doee,further grant to party of the
6ecbnd part; the right to plow and construct through and
r J upon the laa0 above particularly described real property,
suitable drainage facilities and/or drainage ditch or ditches
Having euffioient capacity and length to adequately drain the
water away-fray the northeastern boundary line of the said
?aloels 2�=2• h abe" desert'.;t3.
THIS oRANf is made upon the consideration
I. that party'of the second part will QUITCLAIM said right
s = +' '• of waq,and easement to party of the first part or their
-,3rar :successors_ in interest if a.3 when said above particularly
t .,. described'property In subdivided and a subdivision rap is
recorded..and/or other adequate drainage facilities provided.
Ill YIT:USS YSOEFMOP the first party has caused
this 'inat:Pwnt to be executed end Its corporate seal to be
affixed hereto by its officers thereunto duly authorized
1 r this 2W day of September • ',9L0. (•
a j Y •
Sed
VOLK-Mc:AIN COMMUNITIES INC.. AHxed
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AR11KA0 2vwd as.t—BepLaaLer •a.r. o..:P
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