HomeMy WebLinkAboutItem 4.05 DrainEaseDubRanTr6964 (2) AGEN DA STATEMENT
CITY COUNCIL MEETING DATE:
CITY CL[RK FILE #670-40
November 2, 1999
SUBJECT:
Acceptance of Storm Drain Easements over Tract 6964, M-3
of Dublin Ranch, Phase I; and Approval of Quitclaim of Public
Service Easement (P.S.E.) for Sidewalk in Tracts 6962, 6963 and
6964 (M-l, M-2 and M-3 of Dublin Ranch, Phase I)
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
1)
2)
Resolution Accepting Storm Drain Easements, including
Storm Drain Easement Grant Deed and Exhibit
Resolution Approving Quitclaim of Public Service Easement
for Sidewalk, including Quitclaim Deed and Exhibits
RECOMMENDATION:
Adopt Resolution Accepting Storm Drain Easements
Adopt Resolution Approving Quitclaim of P.S.E. for
Sidewalk
FINANCIAL STATEMENT:
The Storm Drain Easements will be granted to the City by Standard
Pacific Corporation so that the City may maintain the public storm
drain systems. The remaining private storm drain systems will be
maintained by the Homeowner's Association. There is not an
additional financial impact associated with the acceptance with the
easements since the City typically maintains its public storm drain
systems. There are also not any financial impacts associated with
the quitclaim of the P.S.E. for sidewalk since it will result in the
Homeowner's Association maintaining the sidewalks within the
private streets, as is typical.
DESCRIPTION: Tract Map 6964 is located in the Eastern Dublin Specific Plan area,
generally bounded by Tassajara Road on the west, South Dublin Ranch Drive on the north, vacant land to
the south, and dedicated open space land on the east. Tract 6964 consists of 123 residential lots, several
private landscape parcels, a private recreation area, private roads and easements.
The Final Map for Tract 6964 was previously accepted by the City Council; however, the storm drain
easements were not accepted by the public at that time since they encompassed both public and private
G:\develop\dubranch\Phase I\agst sdesmts
COPIES TO: Kevin Peters, MSSH Dublin Development
(Shea Homes)
ITEM NO.
storm drain systems. The proposed storm drain easements (see Attachment 2) that are now being granted
to the City encompass only the proposed public storm drain systems. The acceptance of these easements
will allow the City to maintain the public storm drain systems. The remaining private storm drain
systems will be maintained by the Homeowner's Association.
The Quitclaim of the Public Service Easement for sidewalk in the three multiple residential tracts in
Dublin Ranch, Phase I, is being made so that the sidewalks along the private streets will be maintained
by the Homeowner's Association rather than the public.
Staff recommends that the City Council adopt the attached resolutions accepting the Storm Drain
Easements and Approving the Quitclaim of Public Service Easement for Sidewalk.
Page 2
RESOLUTION NO. - 99
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ACCEPTING STORM DRAIN EASEMENT FOR TRACT 6964
(DUBLIN RANCH, PHASE I - NEIGHBORHOOD M-3)
WHEREAS, the Final Map for Tract No. 6964, in the incorporated territory of the City of
Dublin, State of California, was accepted by the City Council on June 15, 1999, all in accordance with
the provisions of the Subdivision Map Act of the State of California and the City of Dublin Municipal
Code; and
WHEREAS, the onsite Developer, Standard Pacific Corporation, has offered to grant to the
City of Dublin Storm Drain Easements over Tract 6964 as shown in the attached Exhibit A;
NOW, THEREFORE, BE IT RESOLVED that the rights to those strips of lands marked Storm
Drain Easement (S.D.E.) in said exhibit, as offered to public use in conformity with the terms of the
grant be, and they are 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 2nd day of November, 1999.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
g: IdevelopktblnranchlPhase 1 Ireso sde
RECORDING REQUESTED BY
First Amedcan '13tle Guaranty Company
Order No. 596964
Escrow No. 596964
WHEN RECORDED MAIL TO:
City of Dublin
100 Civic Plaza
Dublin, CA
SPACE ABOVE THIS UNE FOR RECORDER'S USE
MAIL TAX STATEMENTS 'TO:
SAME AS ABOVE
The undersigned grantor(s) declare(s):
CITY TRANSFER TAX $
DOCUMENTARY TRANSFER TAX $ 0 - exempt
SURVEY MONUMENT FEE $
Computed o~ Ne consideration or value of property co~veyed; OR
Computed en the consideration or value less liens or encumbrances
remaining at time of sale.
EASEMENT GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Standard Pacific Corp., a Delaware corporation
hereby GRANT(S) to
City of Dublin, a municipal corporation
the real property in the City of Dublin
County of Alameda , State of California, described as
FOR LEGAL DESCRIPTION SEE EXHIBIT "A" A'i-rACHED HERETO AND MADE A PART HEREOF
Dated August 5, 1999
?
STATE OF CALIFORbJIA ~, }ss.
COU.TY OF
~fore me, ~~1 ~.{ ~
~rsonal~ kno~ to me (st p" '
~ce) to be the person('sJ whose name~ i~subscribed to
the within instrument and acknowledged to me that he/Che/the.v
executed the same in his/h-~uthorized capacity(l~,~ and that
by his~ signature('~) on the instrument the person(~ or the
entity upon behalf of which the person('sk acted, executed the
instrument.
GDBLK.DOC (Rev
Standard Pacific Corp.
~t;e =AWuI~oI r~z eJ~ ~eO~rO s'eJ~nR~ativ~ '
~ ~'~ Comm~ion # 1116812 [z
~. ~C~?..~.~.,,J Notary ~blic ~ Cai~omi~ ~
L~ My Comm. Expires Jan ~, 2~1 ~
EXHIBIT "A'
DESCRIPTION
19113-1
7/29/99
B.C.
Rev. 8-5-99
STORM DRAIN EASEMENTS TO
BE CONVEYED TO THE CITY OF DUBLIN
OVER TRACT 6964
DUBLIN, CALIFORNIA
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF
CALIFORNIA, BEING A PORTION OF TRACT 6964, AS RECORDED IN BOOK 247 OF MAPS, AT PAGES 44 TI-IRU 50,
ALAMEDA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
EASEMENTS FOR STORM DRAIN FACILITIES SHOWN ON SAID MAP OF TRACT 6964 DESIGNATED AS "STORM
DRAIN EASEMENT" (SDE) FOR TI-IE RIGHT TO CONSTRUCT, MAINTAIN AND REPLACE STORM DRAIN
FACILITIES AND APPURTENANCES, UNDER, ON, AND OVER THOSE AREAS DESIGNATED AS SUCH;
EXCEFTING FROM THE ABOVE TI-IOSE FACILITIES ~ SAID EASEMENT HIGHLIGHTED ON THE ATTACHED
EXIdTBIT "B" (PAGES 1 TH~U 8).
ALSO EXCEPTING FROM THE ABOVE THOSE STORM DRAIN EASEMENTS CONTAINED IN;
TILTON COURT,
BROOKLIN'E COURT,
STONEH. AM COURT
CHARLTON COURT,
I-IAMI~DEN COURT,
AL,STEAD COURT,
TAMWORTI-I COURT,
GILFORD COURT,
TOPSHAM COURT,
GRAN13Y COURT,
MADBURY COURT,
GORHAM COURT,
WINE)AM COURT,
STRAFFORD COURT,
H]YqSDALE COURT,
GRAFTON COURT,
CAMI'~ON COURT,
DERRYFIELD COURT,
NEWINGTON COURT, AND
BRIDGTON COURT, AS SHOWN ON SAID MAP OF TRACT 6964.
CONSTRUCTION, MA]2NTENANCE, AND REPLACEMENT OF TI-IE FACiLITIES CONTAINED IN THE ABOVE TWO
EXCEPTIONS TO BE BY TIlE HOMEOWNER'S ASSOCIATION CREATED AS A PART OF TRACT 6964.
END OF DESCRIPTION
STATE O~
IIIACKAY& SOmPS
CML ENGINEERINGe LAND PLANNING' LAND SURVEYING
5142 Franklin Drive Suite B, Pleasanton, CA. 94588-3355
J925) 22,5-0690
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TRACT 6964
7-3D- 1999
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CML ENGINEERINGeLAND PLANNINGeLAND SURVEYING
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TRACT 6964
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DRAWN I DATE:
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DRAWN I DAT~ I $CAL. E JOB NO.
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TO BE MAINTAINED BY
HOMEOWNER ASSOCIATION
TRACT 6964
mA KAY&SOmPS
CML ENGINEERINGeLAND PLANNINGeLAND SURVEYING
Pleosonton. CA (925) - 225-0690
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IAOKAY&$OmPS
CML ENGINEERINGeLAND PLANNING.LAND SURVEYING
Pleasanton, CA (925) - 225-0690
GWR 07-06-99 1" -,40' 19111 - 1
RESOLUTION NO. - 99
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING QUITCLAIM OF PUBLIC SERVICE EASEMENT
FOR SIDEWALK IN TRACT 6964
(DUBLIN RANCH, PHASE I - NEIGHBORHOOD M-3)
WHEREAS, the Final Map for Tract No. 6964, in the incorporated territory of the City of
Dublin, State of California, was accepted by the City Council on June 15, 1999, all in accordance with
the provisions of the Subdivision Map Act of the State of California and the City of Dublin Municipal
Code; and
WHEREAS, the City of Dublin has offered to quitclaim a public service easement to the onsite
developer, Standard Pacific Corporation, for sidewalks in Tract 6964 as shown in attached Exhibit A;
NOW, THEREFORE, BE IT RESOLVED that the rights to those strips of lands marked Public
Service Easement (P.S.E.) in said exhibit, as offered in quitclaim to said developer in conformity with
the terms of the quitclaim be, and they are hereby approved; and that the Mayor of the City of Dublin
is hereby authorized to execute the quitclaim deed.
PASSED, APPROVED AND ADOPTED this 2nd day of NOvember, 1999.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
g:~developldblnranch[Phase 1 Ireso pse quitclaim
RECORDING REQUESTED BY
First American 1-~e Guaranty Company
Order No. 596962
,~-F, scrow No. 596962
WHEN RECORDED MAIL TO:
Standard Pacific Corp.
3825 Hopyard Road, #195
Pleasanton, CA 94588
SPACE ABOVE THIS UNE FOR RECORDER~J USE
MAIL TAX STATEMENTS TO:
SAME AS ABOVE
The undersigned grantor(s) declare(s):
CITY TRANSFER TAX $
DOCUMENTARY TRANSFER TAX $0
SURVEY MONUMENT FEE $
Computed on the consideration or value of property
conveyed; OR
Computed on ~e coesideration or vaJue less liens or encumbrances
remainhg at time of sale.
APN 985-2-3-4, 985-3-3-8, '985-3-3-9
QUITCLAIM DEED (Easement)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
City of Dublin, a municipal corporation
J hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
Standard Pacific Corp., a Delaware corporation
the real property in the City of Dublin
County of Alameda
FOR LEGAL DESCRIPTION,
· State of California, described as
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Dated: August 5, 1999
STATE OF CALIFORNIA
COUNTY OF
On
before me, , pemona~y
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 his/her/their signature(s) on the instrument the person(s) or the
entity upon behalf of which the person(s) acted, executed the
~./'-~.trument.
rNESS my hand and official seal.
Signature
QCDBLK.DOC (Rev 6/94)
CITY OF DUBLIN
By:
By:
EXHI_~BIT "A"
PAGE 1 OF 1
19111-1, 19112-1, 19113-1
8/5/99
F.C.L
DESCRIPTION FOR A
QUITCLAIM OF PUBLIC SERVICE EASEMENT (P.S.E.) FOR SIDEWALK
BEING OVER, UNDER, AND ACROSS PORTIONS OF LOTS 1 THROUGH 111, INCLUSIVE, AND
PORTIONS OF PARCELS "A", "B", "C", "D", "E", "F", "G", "Il", 'T', "$", AND "K" OF THAT
CERTAIN FINAL MAP ENTITLED: "TRACT 6962" AS FII.ED ON THE 22ND DAY OF JULY, 1999 IN
BOOK 247 OF MAPS, AT PAGES 29 - 35, OFFICIAL RECORDS OF ALAMEDA COUNTY,
CALIFORNIA; OVER, UNDER, AND ACROSS PORTIONS OF LOTS 1 THROUGH 43, INCLUSIVE,
AND PORTIONS OF PARCELS "A", "C", "D", "E", "F', AND "G" OF THAT CERTAIN FINAL MAP
ENTITLED: "TRACT 6963" AS FILED ON THE 12TM DAY OF JULY, 1999 IN BOOK 245 OF MAPS,
AT PAGES 81 - 84, OFFICIAL RECORDS OF ALAMEDA COUNTY, CALIFORNIA; AND OVER,
UNDER, AND ACROSS PORTIONS OF LOTS 1 THROUGH 123, INCLUSIVE, AND PORTIONS OF
PARCELS "A", "B", "C", "D", "E", "F", "G", "II", 'T', "J", "K", "L", "M", "Nv', "O", "Q", AND "S" OF
THAT CERTAIN FINAL MAP ENTITLED: "TRACT 6964" AS FILED ON THE 5TM DAY OF AUGUST,
1999 IN BOOK 247 OF MAPS, AT PAGES 44 - 50, OFFICIAL RECORDS OF ALAMEDA COUNTY,
CALIFORNIA, FOR PURPOSES OF A QUITCLAIM OF PUBLIC SERVICE EASEMENT (P.S.E.)
SPECIFICALLY AND ONLY THE PURPOSES OF CONSTRUCTION AND MAINTENANCE
SIDEWALK, AND THAT ALL OTI-IER PURPOSES OF SAID PUBLIC SERVICE EASEMENT (P.S.E.)
AS DEDICATED TO THE CITY OF DUBLIN ON SAID "TRACT 6962", "TRACT 6963", AND "TRACT
6964" SHALL REMAIN IN FULL FORCE AND EFFECT AS ORIGINALLY DEDICATED THEREON
AND SUBSEQUENTLY ACCEPTED BY THE COUNCIL OF THE CITY OF DUBLIN, LYING AND
BEING IN THE CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA., AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
ALL OF THOSE CERTAIN STRIPS OF LAND AS SHOWN UPON SAID FINAL MAP ENTITLED:
'`TRACT 6962" AS A DEDICATED "P.S.E.' ('~PUBLIC SERVICE EASEMENT") FOR THE PURPOSES
OF CONSTRUCTION AND MAINTENANCE SIDEWALK.
ALL OF THOSE CERTAIN STRIPS OF LAND AS SHOWN UPON SAID FINAL MAP ENTITLED:
"TRACT 6963" AS A DEDICATED "P.S.E." ("PUBLIC SERVICE EASEMENT") FOR THE PURPOSES
OF CONSTRUCTION AND MAINTENANCE SIDEWALK.
ALL OF THOSE CERTAIN STRIPS OF LAND AS SHOWN UPON SAID FINAL MAP ENTITLED:
'`TRACT 6964" AS A DEDICATED "P.S.E." ("PUBLIC SERVICE EASEMENT") FOR THE PURPOSES
OF CONSTRUCTION AND MAINTENANCE SIDEWALK.
OVER, UNDER, ANrD ACROSS PORTIONS OF:
ASSESSOR'S PARCEL NUMBERS 985-0002-003-04, 985-0003-003-08, AND 985-0003-003-09.
END OF DESCRIPTION
FRED C. INGALLS, LICENSED
PROFESSIONAL LAND SURVEYOR NO. 5859
(EXP. 12/31/2000)
STATE OF CALIFORNIA
DATE
IRACKAYS $omPs
CML ENGINEERING. LAND PLANNING. LAND SURVEYING
5142 Franklin Drive Suite B, Pleasanton, CA. 94588-33,55
[925) 225-0690
P:\ legals\ 16034\6925 \sidewalk-qc-6962,3,4.doc
CERTIFICATE OF ACCEPTANCE
FOR A QUITCLAIM OF
PUBLIC SERVICE EASEMENT (P.S.E.) FOR SIDEWALK
STANDARD PACIFIC CORP., A DELAWARE CORPORATION, HEREBY ACCEPTS THE WITHIN
QUITCLAIM OF PUBLIC SERVICE EASEMENT (P.S.E.) FOR SIDEWALK RESERVING THE RIGHT
TO SELL, ASSIGN, RECONVEY THE OWNERSHI1~ AND MAINTENANCE OF SAID SIDEWALK(S)
TO THE NEIGI-IJ3ORHOOD HOMEOWNER'S ASSOCIATIONS OF 'WRACT 6962", "TRACT 6963",
AND "TRACT 6964", RESPECTIVELY.
ACCEPTED BY:
STANDARD PACIFIC CORP., A DELAWARE CORPORATION
TITLE: AUTHORrZED REPRESENTATIVE
ACKNOWLEDGEMENT:
STATE OF CALIFORNIA )
COUNTY OF ALAMEDA )
ss.
ON~.~-~Jq--) (q~, , 1999, BEFORE ME,~-~'~ /T~(I~'(~Y~ C~F~i', NOTARY PUBLIC IN
AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED WILLIAM J. SOTO, JR.,
PERSONALLY KNOWN TO ME (~ TO ME. ON THE _B_ASIS~OF £AT!$~
~) TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN
INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN HIS
'AUTHORITED CAPACITY, AND BY HIS SIGNATURE ON THE INSTRUMENT THE PERSON, OR
THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT.
WITNESS MY HAND:
MY COMMISSION EXPIRES:
P:\ legals\ 16034 \6925\sidewalk-accept-6962,3,4.doc
NOTARY PUBLIC
IN AND FOR THE ABOVE-MENTIONED COUNTY AND STATE
Sa,, qQo /
~ PAMELA MUSE'Ill
! ff~_~,~-~ Commission # 1116812 -~
_~ ~~ Not~ Pubtic -- Col~omio ~
~ ~ MyComm. E~ptr~Jon29,~lI