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HomeMy WebLinkAboutItem 4.08 QuitclaimDBExt-IHOP (2) ';),,</ ¡"::~.I\ \ /\ o(J-'; .. \Þ '(" .\ CITY CLERK File # D[!d[1 [(1HBIQL AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 17,1998 SUBJECT: Quitclaim of Dublin Boulevard Extension Remnant Parcels to ]HOP Realty Corporation (International House of Pancakes) Report Prepared by: Lee S. Thompson, Public Works Director EXHIBITS ATTACHED: 1) 2) 3) Resolution Approving Quitclaim Quitclaim Deed Location Map RECOMMENDATION: ~AdoPt Resolution FJNANCIAL STATEMENT: The agreed purchase price is $245,000. DESCRIPTION: On August 19, 1997, the City Council authorized the Mayor to execute a Purchase and Sales Contract with ]HOP Realty Corporation for purchase of two contiguous remnant parcels left from the Dublin Boulevard Extension property acquisition (see Location Map, Exhibit 3). Negotiations with ]HOP have been concluded, and escrow for this sale is pending. Staff has reviewed the legal description attached to the deed (Exhibit 2) and determined that it is correct and that all of the previously approved easements are included in the document. The City Attorney recommends that the City Council adopt a resolution approving the sale ofthe property and authorizing the Mayor to execute the deed. ------------------------------------------------------------------- COPIES TO: Carol Lavender, Attorney for ]HOP ITEM NO. 4.6 g:\agenmisc\ibopquit RESOLUTION NO. - 98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING QUITCLAIM OF PROPERTY TO mop REALTY CORPORATION WHEREAS, on August 19, 1997, the City Council authorized execution of a Purchase and Sales Contract with ]HOP Realty Corporation for purchase of two contiguous remnant parcels from the Dublin Boulevard Extension property acquisition; and WHEREAS, negotiations for purchase of the property have been concluded; NOW, THEREFORE, BE IT RESOLVED that the City Council approves quitclaim of the two remnant parcels as shown on the Legal Description attached to the Quitclaim Deed, Exhibit "A". BE IT FURTHER RESOLVED that the Mayor is authorized to execute the Quitclaim Deed. BE IT FURTHER RESOLVED that the City Clerk is directed to prepare a certified copy of this resolution to be placed into escrow with the Quitclaim Deed. PASSED, APPROVED AND ADOPTED this 17th day of February, 1998. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g:\agemnisclresoihop f~\"µþ~·¥'t __.:~,:: t..:-...,~'_ 1 RECORDING REQUESTED BY AND AFTER RECORDING RETURN TO: Carol Lavender Law Office of Carol Lavender 4533 La Granada Way La Cañada, California 91011-2017 SPACE ABOVE THIS UNE FOR RECORDER'S USE QUITCLAIM DEED THE UNDERSIGNED GRANTOR DECLARES Documentary Transfer Tax is $ Unincorporated area; City of Parcel No. _ Computed on full value of interest or property conveyed, or _ Computed on full value less value of liens or encumbrances remaining at time of sale, and FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. THE CITY OF DUBLIN, a Municipal Corporation, hereby REMISES, RELEASES AND FOREVER QUITCLAIMS to (HOP REALTY CORP.. a Delaware corporation, the following described real property in the City of Dublin, County of Alameda, State of California: See Exhibit A attached hereto and by this reference incorporated herein. Dated ,1998. THE CITY OF DUBLIN, a Municipal corporation By: Its: Mavor '--state of Califomia ) ~ CountY'of-ðlameda ) ss. on~ personally appeared -......... personally known to me to be t~on whose name is subscribed to I hin instrument and acknowledged to me that he executed tlìè-sa!!!!: in his authoriz~ CIty, and that by his signature on the instrument the person, or the entity upon-beh If-erwhich the person acted, executed the instrument. , before me, , a Nota c, W~d~ Sjgnature vcF /i-/1r. '!~/J /I / ¡ iT -0 c~ MAIL TAX STATEMENTS TO : IHOP CORP., 525 N. BRAND BLVD., GLENDALE, CA 91203-1903 DUBLIN, CA ::::V"lH=~'r ~ ~';'lnt'~fI f.. z EXIllBIT A PARCEL 1 Real Property in the City of Dublin, County of Alameda, State of California, a portion of the lands of Corallo as described in the deed recorded September 19, 1990 under series number 90-260125 in the Official Records of said County, described as follows: BEGINNING at the Southwesterly corner of Lot 1 of Tract 4978, recorded in Book 145 of Maps at Page 3 in the records of said County; Thence South 88 degrees 46 minutes 45 seconds East along the southerly line of said Tract 229.72 feet to the Northwesterly corner of said lands of Corallo and the TRUE POINT OF BEGINNING; Thence South 88 degrees 46 minutes 45 seconds East, continuing along the southerly line of said Tract, 131.31 feet to the Easterly line of said land of Corallo; Thence South 1 degree 12 minutes 28 seconds West, along said Easterly line, 81.69 Feet to the Northerly right-of-way line of Dublin Boulevard; Thence through a curve to the left with a radius of 1076.00 feet from a tangent that bears South 58 degree 12 minutes 56 seconds West, with a central angle of 1 degree 1 minute 10 seconds and an arc length of 18.98 feet, along said Northerly right-of-way line. Thence South 57 degree 11 minutes 46 seconds West 139.31 feet to the westerly line of said lands of Corallo, along said Northerly right-of-way line; Thence, leaving said right-of-way line. North 1 degree 12 minutes 28 seconds East, 170.13 feet, along Easterly line of said land of Corallo to the TRUE POINT OF BEGINNING; Containing 0.3793 acres more ofless. Assessor's Parcel Number 941-0550-010-18 Subject to any easements, restrictions and covenants of recorded for the above described parcel. Including an easement of record per document number 94164501. PARCEL 2 Real Property in the City of Dublin, County of Alameda, State of California, a portion of the Lands of Nohr as described in the deed recorded February 9,1984 under series number 84-026123 in the Official Records of said County, described as follows: BEGINNING at the Southwesterly corner of Lot 1 of Tract 4978, recorded in Book 145 of Maps at Page 3 in the records of said county; Thence South 88 degree s 46 minutes 45 seconds East along the Southerly line of said Tract 361.03 feet to the Northwesterly corner of said Lands ofNohr to the TRUE POINT OF BEGINNING. Thence South 88 degrees 46 minutes 45 seconds East along the Southerly line of said Tract, 151.19 feet. to the Northerly right-of-way line of Dublin Boulevard. Thence a curve to the left with a radius of 1067.00 feet from a tangent that bears South 67 degree 27 minutes 09 seconds West with a central angle of9 degrees 14 minutes 13 seconds and an arc length of 172.02 feet along said Northerly right-of-way line of Dublin Boulevard to the Westerly line of said lands of Nohr; Thence, leaving said right-of-way line, North 01 degrees 12 minutes 28 seconds East, along said Westerly line, 81.69 feet to the TRUE POINT OF BEGINNING. Containing 0.1327 Acres more ofless Assessor's Parcel Number 941-0550-012-09 Subject to any easements, restrictions, and convenants of records for the above described parcel. CONTINUATION OF EXHIBIT A EXCEPT a 26 foot easement for, Public Use, Emergency Vehicles Access, and Public Services over, under and across Real Property in the City of Dublin, County of Alameda, State of California, a portion of the Lands ofNohr as described in the deed recorded February 9, 1984 under series number 84-026123 in the Official Records of said county, described as follows: BEGINNING at the Southwesterly comer of Lot 1 of Tract 4978, recorded in Book 145 of Maps at Page 3 in the records of said County; Thence South 88 degree s 46 minutes 45 seconds East along the Southerly line of said Tract 361.03 feet to the Northwesterly corner of said Lands of No hr. Thence South 88 degrees 46 minutes 45 seconds East along the Southerly line of said Tract 96.10 feet more or less to the Southwesterly corner of Lot 3 of Tract 6644 recorded in Book 21 of Maps at Page 98 in the records of said County to THE TRUE POINT OF BEGINNING; Thence South 88 degrees 46 minutes 45 seconds East along said Southerly line of said Tracts 14.52 feet. Thence South 25 degrees 11 minutes 58 seconds to the Northerly right-of-way line of Dublin Boulevard 16.99 feet. Thence, leaving said right-of-way line, a curve to the left with a radius of 1067 feet from a tangent that bears South 65 degree 25 minutes 53 seconds West with a central angle of 1 degree 23 minutes 46 seconds and a arc length of 26.00 feet along the Northerly right-of -way line of Dublin Boulevard; Thence North 25 degrees 11 minutes 58 seconds West to the Southerly line of Lot 1 of said Tract 4978, 29.90 feet. Thence South 88 degrees 46 minutes 45 seconds East along the Southerly line oflast said Lot 1, 14.51 feet to the TRUE POINT OF BEGINNING. EXCEPT a Public Service Easement over, under and across a portion ofland of Parcell and Parce12 that is more particular described as follows: Ten feet in width running parallel with the Northerly right-of-way line for Dublin Boulevard as described within the above Parcels 1 and 2 And as shown on Exhibit B attached hereto and made a part of these descriptions. g:\develop~moore\ihop\legals.doc CALIFORNIA ALL. PURPOSE ACKNOWLEDGMENT ~'<:~ff::('..,F-:!(',ffi<'..R:<'...r-:<'~~Jf5('...?:<"~.r<-J'i('~..B('~JX"~..fi'~.,i:F:<'..Zf'j('Ji':Cfff<'vF:<'J5(-.R<'..?:<'..ft:('J':<'..,?5('J=:<'vF;<'..R:<'.f:.<'..fi'..fi'vP.<"V?:¢R<"v?::<',ff('.r:<'~vF.<'..ø...':X @ (:1 ~ 17" . ~ State of Go.ilf.ð~'i1.l o~ ~ County of 01 (y)'"ì1..L..dtL) 7/-' i / ¡) ~ On before me, /\11'/ kEf.¡¿ /\./'/7 If I!.--I rCi-6L. /:::... ~ Date /" _ / Name a,nd Title oronicer (e.g., øJane Doe. Notary Public") ~ personally appeared C::;;r'vt.y \j. h'()it..570IJ I ~~~~~ : [' personally known to me _ OR - gr' proved to me on the basis of satisfactory evidence to be the person{$) ~ whose name{4 is/are subscribed to the within instrument 1>; and acknowledged to me that he/stre7t~ executed the ~ same in hislftá/tl:le1f authorized capacity(ieS), and that by ~ his/l:>e!'7tbeiTsignature(.sí on the instrument the person(sf, ~I' or the entity upon behalf of which the person(sf acted, , executed the instrument. ~ WITNESS my hand and official seaL ~ ~ s""",,, 01 "m,,,, P"bh, ~ ~,. OPTIONAL ~ ~ Though the information below is not required by law, it may prove valuable to persons relying on the document and coutd prevent !2,1 ~ fraudulent removal and reattachment of this form to another document. : 1 ~ Description of Attached D~cument, ' . I TO'"' Typ,"' _~"' (y t¿j;( (1/&"" "./1-/.R ci. ~ ~ i i o,,"m"W'" N"moo' '" P'go' ( -'¡ ~ ~ Signer(s) Other Than Named Above: i ~ Capacity(ies) Clairned by Signer(s) ~ I~ /',- ,./" /p; ~ Signer's Name:2f/ y,,"\ .40US¡{) '$j~ner's Name: /,/ ~ ~ ,,/ !2, § CJ Individual CJ Individual . ~ ~, CJ Corporate Officer CJ Corpofat~ Officer /. ~ ~ 1ìtle(s): 1ìtle(s): " ~ ~ u Partner _ 0 Limited 0 General CJ Partner - O'Limited 0 General Í>( ~,'..'.: CJ Attorney-in-Fact 0 AttorneY-in.Fac~ // ~~.,.." ~ :J Trustee u Trustee ", / ~,',' :J Guardian or Conservator , . 0 Guardian or ConservaìÛr. p;." t: ~ Other: Top of thumb here U Other: ".- '. Top of thumb here ~ ~ ,/ ~ g ~,,' ~ [oS ~ Signer Is Representing: Signer Is Representing: ~ ~. / [oS ~ 0T'/ OF ./JÜAL/A. / ~ ~ / ~ @ i L:'<"'"º,,~~~~"g.."g.,'"g..."9'v^'§V^<Ø.-~"g.,""'g...~"g.,"g..~"g..~<g...""Q;.,~~~-g,~^g..-y,..--g.,.~.-.g.,~"§(...~^9v~~"g.,..~'g,,.,,º,,<g....~"g..~"'Y$': 10 1995 National Notary Association. 8236 Remmel Ave., P.O. BoJo: 7184. Canoga Park. CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1_800-876-6827 , " , I ., ., ·1 .,i" ~'l.!>""" b '" .; o 0> ...r::: -,a. w« 0::; a:: «-' a.r¡ a:: « a. 10 -.... '" f-.... Of- -'0 « a:: f- ... ... ...,:8 f-f- 00 -'« a:: f- l' '" ... '" " ., ., z ~ u ~ z~~ ~ ;:~~ "" ffioc In ::1:>1&/ ¡,¡ ¡¡ ~~§ ~ ~ ,,~~ :::I >- ~;;¡:~ ~ U ija::o CI... hi.... z ~- f5 ~!~~ ~ C5 ~ii':S~ mz ª' :;;:J~m -< "0 " ~ 101 ...~ ;:s s ...~~!!! f- '" ~,,~- 8 tx ~$:~ !! ...... <%< <Ø S¿ ,:1....1-"0 C"<I m I=\&.IIZ:W "".if ªj!:Ej!: \ \ N \~. ¡;J 1(0- ~ \cb a. \0 .69ïB ~ M.BZ,Z~¡OS 'j ;;¡ -' UJ o a:: « a. œz 'â "- bÒ7..,} -: ~ëo À P~O'I ~ Õ°tå ÇP- U~: ~,¿ <:Ja:--l ~ ¡> g o f5 ~ 15 ¡¡¡ -< ~ CITY OF DUBLIN PUBLIC wORKS DEPARTMENT EXCESS PROPERTY CITY OF DUBLIN DRA'WN K.Ä.S. CHECKED F.D. ,Zt·OLl M"ZZ,ZL..lOS ¡¡¡ ... w :0 ~ - N "- .,; N N EX DATE 2/11/98 ""'V"i~P"t" r'"' f\.M"JG ~ APPROVAL .ð.PDDn\/.6.J :3