HomeMy WebLinkAboutItem 4.08 Abutter'sRightsSnRamonRd (2)
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CITY CL&
File # Dfli]~~-
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 6,1997
SUBJECT:
Purchase of Abutter's Rights on San R::tmon Road by
See's Candy Shops, Incorporated
Report Prepared by: Lee S. Thompson, Public Works Director
EXHIBITS ATTACHED:
1)
2)
3)
4)
Resolution
Quitclaim Deed
Letter dated March 19, 1997, from See's Candy Shops, Inc.
Location Map
RECOMMENDATION: ~
1)
Adopt Resolution approving purchase of access rights to
San Ramon Road, subject to approval of the proposed
development.
Authorize Mayor to execute quitclaim deed.
2)
FINANCIAL STATEMENT:
See's Candy Shops, Inc., has agreed to pay the sum of$50,000
plus City processing costs for a quitclaim of abutter's rights onto
San Ramon Road.
DESCRIPTION: The City has been approached by a representative of See's Candy
Shops, Inc., concerning the purchase of abutter's rights onto San Ramon Road. The City owns the
abutter's rights on San Ramon Road, which precludes any access by abutting properties.
See's Candies owns the property at the northeast comer of San Ramon Road and Dublin Blvd. adjacent to
the Chevron Station (Exhibit 4) and has entered into an agreement with a developer for the construction of
a small retail center at that site. Proposed plans for the retail center include a driveway on Dublin Blvd. to
the east of the Chevron Station, and a second driveway onto San Ramon Road for ease of access and
circulation.
The City recently met with Mr. Herbert K. Cockett, Director of Real Estate for See's Candies, concerning
the purchase of abutter's rights from the City Road. In recognition of the enhanced value to this prime
commercial location, City Staff has placed a value of, and See's Candies has agreed to pay, the sum of
$50,000. See's Candies has also agreed to pay any other costs associated with this transaction.
______~~_________~-----~~--------~-----~--------------_~~________r~_
COPIES TO: Herb Cockett, See's :=andies
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Staff has reviewed the project site plan and has determined at this time that the driveway will not cause a.' -. .-
safety hazard to San Ramon Road traffic. Staff is recommending that the sale of the abutter's rights be-
subject to the approval of the development so as to maintain some confidence that the access will be used
for the project as reviewed.
Sale of the abutter's rights will make it possible for this property to have access to San Ramon Road. The
City retains its ability in the future, through exe~cise of its police power, to determine that access should
be closed, if necessary. -
Staff recommends that Council adopt the resolution approving the sale of abutter's rights, and authorize
the Mayor to execute the quitclaim deed, to See's Candy Shops, Inc.
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Page 2
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RESOLUTION NO. - 97
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING PURCHASE AND QUITCLAIM DEED TO
SEE'S CANDY SHOPS, INCORPORATED OF ABUTTERS RIGHTS
WHEREAS, See's Candy Shops, Incorporated, are owners of the property to the north and east of
the Chevron Station at 7007 San Ramon; and
WHEREAS, See's Candy Shops, Incorporated, desires to purchase the abutter's rights onto San
Ramon Road; and
WHEREAS, the City will be compensated for quitclaim of abutter's rights in the amount of
$50,000 plus associated costs for processing,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve the purchase of said abutter's rights by See's Candy Shops, Incorporated, subject to the City's
approval of the project known as "Hunter Properties/Dublin Retail."
BE IT FURTHER RESOL VED that the Mayor is authorized to execute the quitclaim deed.
PASSED, APPROVED AND ADOPTED this 6th day of May, 1997.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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Recorded at the request of:
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CITY OF DUBLIN
After Recording, return to:
CITY OF DUBLIN
City Engineer
P. O. Box 2340
Dublin CA 94568
Escrow No.
.-
QUIT CLAIM DEED
By this instrument dated
, for a valuable consideration,
THE CITY OF DUBLIN,
as successor to the interests of the State of California and the county of Alameda in the deed references shown herein, does hereby
remise, release and forever quitclaim unto
SEE'S CANDY SHOPS, INCORPORATED
a California corporation,
all right, title and interest in and to all that real property situate in the City of Dublin, County of Alameda, State of California,
described as follows:
Any and all abutter's rights of access in and to San Ramon Road as shown in instruments executed by Qualified
Investments, Inc., a California corporation, and Delta One Properties, a limited partnership, recorded on May 13,
1970, in Alameda County records at Reel 2616, Image 7 I 7, and at Reel 2616, Image 720, Official Records, as
Instrument No. 70-49697 and Instrument No. 70~49698, and the deed to the State of California recorded on
December 8, 1955, in Book 7870 at Page 73, and as shown on filed Parcel Map 3253.
.
Dated
,19~
STATE OF CALIFORNIA
COUNTY OF
)
)
SS.
ON
before me
NAME, TITLE OF OFFICER
DATE
personally appeared, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
.
- -
(SEAL)
NOTARY PUBLIC SIGNATURE
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Description of Document:
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210 EL CAMINO REAL
SOUTH SAN FRANCISCO, CA 94080.5998
(415) 761.2490' (415) 583-7307
FAX (415) 875.6825
Direct Dial FAX (415) 225.9430
3423 SOUTH lA CIENEGA BOULEVARD
LOS ANGELES, CA 90016 .HOl
(310) 559.4911' (213) 870.3761
FAX (213) 870.3084
See's
CANDIES
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KITCHENS AND SHOPS CONVENIENTLY LOCATED
South San Francisco
March 19, 1997
MAR 2 a 7997
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VIA FEDERAL EXPRESS
Mr. Lee S. Thompson
Director of Public Works
City of Dublin
100 Civic Plaza
Dublin, California 94568
Subject:
See's Unimproved Land Parcel containing 52,058 square feet in area
surrounding the Chevron Gas Station at the Northeast corner of Dublin
Boulevard and San Ramon Road, Dublin, Alameda County, California and
further identified as APN: 941-0305-034
Dear Mr. Thompson:
Thank you and Mr. Ambrose very much for seeing Mr. Hunter and myself yesterday concerning
his proposed development of the subject property as a retail center. We were both pleased to
hear of your support for the type of project and tenancies planned at the site by Mr. Hunter.
As to the value of the abutter's rights purchase from the City of Dublin for the single 26 foot
wide ingress and egress driveway onto San Ramon Road from the development, this is to
advise you that we now support the $50,000 purchase price suggested in your letter of
February 27, 1997. You were most persuasive in this regard as to that higher value.
Ar.cordingly. please proceed with the necessary documentation by the City Attorney evidencing
this abutter's rights purchase and its required ratification by the City Council members. 'vVe are
prepared to issue a check to the City of Dublin for that $50,000 purchase price upon hearing
from you about the matter and any other reimbursable items which need to be considered.
Sincerely yours,
SEE'S CANDY SHOPS, INCORPORATED
h1 ;ockett
Director of Real Estate
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.$I~ e uq2JMr. Richard C. Ambrose, City Manager, City of Dublin {via Ft
Mr. Deke Hunter, Hunter Properties, Inc. {via FAX (408) 996~;
Mr. C. N. Huggins, President, See's Candy Shops, Incorporate
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