HomeMy WebLinkAboutItem 4.06 SRRd AccessAlmondPlaza (2)7150-7222 Regional Street Ted Urban & David Malcolm
CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: January 11, 1993
SUBJECT:
Agreement with FC Investments for Driveway Access from
San Ramon Road to Almond Plaza Shopping Center
Report by: Public Works Director Lee Thompson
EXHIBITS ATTACHED:
1)
2)
3)
4)
Resolution
Agreement
Quitclaim deed
Agenda statement from May 26, 1992, City Council
meeting
RECOMMENDATION:
~)Y
\'v
1)
Adopt resolution approving agreement and
authorize Mayor to execute.
Authorize Mayor to execute quitclaim deed.
2)
FINANCIAL STATEMENT:
FC Investments has agreed to pay the sum of $5,000
plus attorney's fees for a quitclaim of abutter's
rights.
DESCRIPTION: In May of 1992, the City Council considered and
approved an application from David Malcolm for an encroachment permit to allow
driveway access to Almond Plaza Shopping Center from San Ramon Road. The Council-
approved encroachment permit was necessary because of a deed restriction on the
Almond Plaza property which relinquished the property owner's rights to access from
San Ramon Road. (See agenda statement, Exhibit 4.)
Under the City's Municipal Code, an encroachment permit is not transferable, and Mr.
Malcolm subsequently became concerned that, should the property be sold at a future
date, the new owner would then need to apply for a similar permit to keep the
driveway access to San Ramon Road. In addition, there was difference of opinion
between the City Attorney and the property owner's attorney as to whether the City's
abutter's rights actually exist.
The City Attorney has negotiated an agreement with FC Investments (Mr. Malcolm's
firm) which provides that the City will quitclaim the abutter's rights for
compensation in the amount of $5,000 plus the City's attorney's fees in connection
with this matter. The agreement includes a condition that, should the driveway
access be found hazardous in the future, the City may require its closure at the
expense of the property owner. The agreement also includes a "waiver of
compensation" in which the property owner waives any claim of damages should the
City require closure of the driveway under the terms of the agreement. The property
owner is further required to obtain any permits that are normally required for
construction of the driveway. This agreement is transferable.
Staff recommends that the City Council adopt the resolution approving the agreement
and authorize the Mayor to execute the agreement and quitclaim deed.
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ITEM NO.~ COPIES TO: David Malcolm () I~
FILE~
RESOLUTION NO. -93
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT WITH FC INVESTMENTS FOR
DRIVEWAY ACCESS FROM SAN RAMON ROAD TO
ALMOND PLAZA SHOPPING CENTER
(QUITCLAIM OF ABUTTER'S RIGHTS)
WHEREAS, FC Investments, owner of Almond Plaza Shopping Center, has
requested driveway access from San Ramon Road to Almond Plaza Shopping Center; and
WHEREAS, an existing deed restriction precludes such access by means of
the City's abutter's rights; and
WHEREAS, the City wishes to allow FC Investments to construct the
driveway access under the terms and conditions of the agreement attached as Exhibit
"A"; and
WHEREAS, the City will be compensated for quitclaim of abutter's
rights, according to the terms of the agreement, in the amount of $5,000 plus its
attorney's fees;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does hereby approve the agreement with FC Investments, which is attached as
Exhibit "A".
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the
agreement and quitclaim deed.
PASSED, APPROVED, AND ADOPTED this 11th day of January, 1993.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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AFTER RECORDING RETURN TO:
EXHIBIT flAil OF RESOLUTION
Kay Keck, city Clerk
CITY OF DUBLIN
P.o. Box 2340
Dublin, california 94568
AGREEMENT AND WAIVER OP COMPENSATION
This Agreement and waiver of Compensation is entered into this
day of January 1993 between the city of Dublin ("CITylt) and
FC Investments, a California limited partnership ("FC").
RECITALS
A. FC is the fee owner of the property described in Exhibit
A, attached hereto and incorporated herein by reference (hsubject
property") which is located within the city limits of CITY.
B. The subject property abuts San Ramon Road but there is
currently no access from the subject property to san Ramon Road.
There currently is access from the subject property to Regional
street, another public street within CITY.
c. A dispute has arisen between CITY and FC with respect to
the ownership of the abutter's rights to access from the subject
property to San Ramon Road.
D. The parties desire to resolve their dispute by entering
into this agreement.
AGREEMENT
Section 1. Recitals. The foregoing recitals are true and
correct and are made a part of this agreement.
Section 2. Quitclaim. CITY shall quitclaim whatever
abutter's rights it owns to FC in exchange for payment of $5000
plus CITY's attorney fees.
section 3. Encroachment Permit.
application from FC for an encroachment
the subject property to San Ramon Road
Encroachment Ordinance.
CITY shall process an
permit for a curb cut from
in accordance with CITY's
Section 4.
Closure of Access.
CITY's right to revoke the
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encroachment permit and close access from the subject property to
San Ramon Road shall be governed exclusively by this agreement.
In the event that the improvements constructed by FC pursuant
to the encroachment permit granted by CITY shall result in a
"dangerous condition" for which CITY may be liable within the
meaning of Government Code §§83 0, et seq., FC shall have a
reasonable time to protect against said dangerous condition. In
the event that FC fails to protect against said dangerous condition
to CITY's satisfaction within a reasonable time after notice from
CITY, CITY shall have the right, in accordance with the provisions
of CITY's Municipal Code and other applicable provisions of law and
following a hearing before the city Council, to revoke the
encroachment and other permits issued to FC in connection with the
improvements and to issue orders to FC to abate the improvements
and return to the original alignment and design. The council
hearing shall be conducted as a public hearing with not less than
fifteen (15) days' prior notice to FC. FC shall have the right to
present testimony and evidence deemed relevant and appropriate by
FC. The Council's decision whether or not to revoke the encrOaCh-]
ment permit shall be the final administrative decision by the City
subject to judicial review. If the Council revokes the encroach-
ment permit, CITY shall abandon any property dedicated by FC to
CITY for widening of San Ramon Road necessary for the curb cut and
right turn bay.
Nothing herein shall restrict or impair the right of FC, after
any proceeding which shall result in the revocation of permits or
abatement of improvements, from subsequent application to CITY and
any other governmental entity having jurisdiction over the subject
property, for permits to provide for improvements and the exercise
of its abutter's rights provided that FC establishes that the
dangerous condition has been repaired, remedied, or corrected
within the meaning of Government Code §830, et seq.
Section 5. Waiver of Compensation. FC, on its own behalf and
on behalf of its successors and assigns, hereby waives any claim
and all damages to the property described in Exhibit A by reason
of the revocation of the encroachment permit, abatement of
improvements and/or closure by CITY in the future of access to San
Ramon Road from the property described in Exhibit A.
Dated:
F.C. INVESTMENTS, a California
limited partnership
DAVID H. MALCOLM
Managing General Partner
2
.'
Dated:
114\mema\nov92\waiver.ehs
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CITY OF DUBLIN
PETER SNYDER
Mayor
NOTARIZATION ATTACHED
3
EXHIBIT flAil OF AGREEMENT
LEGAL DESCRIPTION
REAL PROPERTY in the City of Dub~ County of Alameda, State of California, described as
follows:
Parcel 2, according to Parcel Map 1810, filed January 15, 1976, Map Book 88, Page 97, Alameda
County Records.
Excepting from the above described parcel of land all oil, gas, minerals, and other hydrocarbon
substances in and under or that may be produced from a depth below 500 feet from the surface of said
land without right of entry upon the surface of said land for the purpose of mining, drilling, exploring
of extracting such oil, gas, minerals, and other hydrocarbon substances or other use of or rights in or
to any portion of the surface of said land to a depth of 500 feet below the surface thereof, as reserved
in the Deed from Yolk-McLain Communities, Inc., to Qualified Investment, Inc., dated June 25, 1967,
recorded June 27, 1967, Instrument No. A2/60836, Alameda County Records.
AP. No. 941-305-23
*..*.
_. _.".~."~._"_..~
RECORDING REQUESTED b.
F.C. INVESTMENTS,
a California limited
partnership
AND WHEN RECORDED MAIL TO
N.m. r;-C. I
INVESTMENTS
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Add,...
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Zip
MAIL TAX STATEMENTS TO
Nlm. ~ I
51,..1 F.C. INVESTMENTS
Addr...
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Zip
SPACE ABOVE THIS LINE FOR RECORDER'S USE-
DOCUMENTARY TRANSFER TAX $
_COMPUTED ON FULL VALUE OF PROPERTY CONVEYED,
_OR COMPUTED ON FULL VALUE LESS LIENS AND
_ENCUMBRANCES REMAINING AT TIME OF SALE.
Signature of Declarant or Agent determining tax. Firm Name
QUITCLAIM DEED
(Escrow No . . . . . . . . . . . . )
Bv this instrument dated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , for a valuable consideration,
THE CITY OF DUBLIN
do .~!? . hereby remise, release and forever quitclaim to
F.C. INVESTMENTS,
a California limited partnership
the following described Real Property in the State of California, County of . . . . . .~~.~.F;PA . . . . . . . . . . . . , . . .
City of . . . . . . . P.lJ~:r..+N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any and all abutter's rights of access to San Ramon Road acquired
by the State of California by Grant Deed recorded in Alameda County
records at Book 7870, Page 73, and by "Relinquishment of Superseded
State Highway in the County of Alameda, Road 04-ALA-680-20.4-21.7,
Request No. 31393" recorded at Reel 2230, Image 506, Alameda
County Records.
................................................. .
................................................. .
ST ATE OF CALIFORNIA
ALAMEDA
55.
COUNTY OF
On this day of
for said County and State. personally appeared
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personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
name subscribed to this instrument and acknowledged that
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exccutcd it.
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CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: May 26, 1992
SUBJECT:
Approval of Encroachment Permit - Almond Plaza Driveway on
San Ramon Road
Report by: Public Works Director Lee Thompson
EXHIBITS ATTACHED:
1)
2)
3)
Resolution and Encroachment Permit Exhibit "A"
Plot plans showing proposed entrance
Copy of Deed Restriction
RECOMMENDATION: ~~~AdoPt resolution issuing encroachment permit subject to the
, Zoning Administrator's approval of PA 92-022.
FINANCIAL STATEMENT:
The cost of staff time for this project is paid by the
applicant.
DESCRIPTION: Mr. Ted Urban, a representative for Mr. David Malcolm, owner
of Almond Plaza Shopping Center on Regional Street (location of the Sizzler, Payless
Shoe Source, and other businesses) has submitted an application for a Conditional
Use Permit/Site Development Review (PA 92-022) for a new shopping center entrance
off San Ramon Road.
There is an existing deed restriction on the property which relinquishes the
property owner's rights to access San Ramon Road (see Exhibit 3). The State
originally acquired abutter's rights from the property owner a number of years ago.
Subsequently, the State relinquished the San Ramon Road right-of-way to the County
of Alameda. The City assumed all of the County's rights to the road upon
annexation.
The City Attorney has advised that, because of the deed restriction, the property
owner must obtain an encroachment permit from the City Council in order to obtain
driveway access to San Ramon Road.
A Zoning Administrator hearing for this project is tentatively scheduled for June 3,
1992. City Council approval of the encroachment permit must be obtained before the
Zoning Administrator can act on the application. The encroachment permit approval
would be subject to subsequent approval of the Conditional Use Permit/Site
Development Review by the Zoning Administrator.
Public Works Staff has reviewed the proposed location of the driveway and feels that
such access would not adversely affect traffic on San Ramon Road. Because of its
proximity to the San Ramon Road/Amador Valley Boulevard intersection, Staff has
recommended the new driveway be "in-only." The applicant has concurred with this
recommendation.
Per the City Attorney, the encroachment permit approval is not assignable and is
proposed to be revocable at the desire of the City upon three months' advance
written notice.
Staff recommends that the City Council adopt the resolution granting an encroachQent
permit to Mr. Malcolm, subject to the Zoning Administrator's approval of PA 92-022.
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ITEM NO.
8.1
COPIES TO:
Mr. Tee:
Mr. Dav
File:
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