HomeMy WebLinkAboutItem 8.5 Vacation Amarillo Rd Tr 2467 (2) 0411 t47 DUBC13
AGENDA STATEMENT
1A10 LID
Meeting Date: August 23, 1982
SUBJECT Vacation of Roadway Slope Easement - Amarillo Road, Allegre Drive,
Tract 2467
EXHIBITS ATTACHED : Letters from Kevin M. Cassady, Alameda County Real Estate
Division dated August 3, 1982 and August 9, 1982; Letter from
Transamerica Title Insurance Company dated July 22, 1982;
Resolution; Memo from City Attorney dated August 17, 1982.
RECOMMENDATION : Adopt Resolution
FINANCIAL STATEMENT: None
DESCRIPTION : The City has received a request from Transamerica Title Insurance
Company on behalf of Robert and Marilyn Nielsen, that the City of
Dublin quitclaim a slope easement which was acquired by Alameda
County in 1963, in conjunction with the development of Tract 2467.
The roadway slope easement is 10 feet wide and lies along a portion
of the westerly side of Amarillo Road and on the southerly side and
westerly terminus of Alegre Drive. This request has come about in
the process of filing Parcel Map 3718.
The Alameda County Road Department has reviewed this request and
has indicated that the slope easement is no longer required for
street or highway purposes. The existing slope is nearly level
with the City's street and requires no maintenance. It is Staffs
recommendation that the City Council adopt the resolution to
summarily vacate the roadway easement (Amarillo Road, Alegre Drive)
and direct the City Clerk to record the resolution with the County.
Q Copies To: Transamerica Title
8•
ITEM NO. Vim. Attn: Jackie Gulyas
COUNTY OF ALAMEDA
PUBLIC WORKS A G E N C Y R E C`► E v E D
399 Elmhurst Street• Ha Y ward,CA 94544
(415)881-6470 AUG 0 41982
CITY OF DUBLIN
August 3, 1982
Ms. Jackie Gulyas, Builder Services
Transamerica Title Insurance Company
Box 2437
6360 Regional Street
dubl i n, CA 94oet
Re: Request for Quitclaim of Roadway Slope Easement:
Parcel Map 3713 (Nielsen).
Dear Ms. Gulyas:
Your letter dated July 22, 1932, to the Lity of Dublin, requesting an
easement quitclaim for a roadway slope easement on the Nielsen property (Assessor's
X41-1J3-42) , has been referred to this agency for investigation and report.
The County Road Department has determined that the subject easement is
not required for street or highway purposes. The usual process for removing
unnecessary easements of this sort is to summarily vacate, under the authority
of Section 3334(a) of the California Streets and Highways Code. If this procedure
is satisfactory to you, we will so advise the City of Dublin, and we will also
provide the City with a draft of the required resolution.
Your early consideration will be appreciated.
Very truly yours,
H.A. FLERTZHEIM, JR.
DIRECTOR OF PUBLIC WORKS
By
KEVIN M. CASSADY, CHIEF
REAL ESTATE DIVISION
Telephone: 831-d461
HAF:iTC:ja
cc: -41s. Dorothy Hock, City Clerk,
City of Dublin
Raymond F. Burnham, Road Department
i
r
o,a`\on Bu,,0.
Q
h COUNTY OF ALAMEDA RECEIVED
r - PUBLIC WORKS AGENCY AUG 1 U 1982
A4';',1,-,i PU BLIC , 399 Elmhurst Street • Hayward, CA 94544-1395 CITY OF DUBLIN
°'e . ORKS (415) 881-6470
9esoUrce
August 9, 1982
Dorothy Hock, City Clerk
The City of Dublin
P.O. Box 2340
Dublin, CA 94566
Re: Summary vacation of roadway slope easement;
Amarillo Road, Alegre Drive, Tract 2467
Dear Ms . Hock:
(
Reference is made to your letter of July 28, 1982, concerning the July 22,
1982 request of Transamerica Title Services to quitclaim a slope easement acquired
by the County of Alameda in 1963, in conjunction with the development of Tract 2467.
This roadway slope easement is 10 feet wide, and lies along a portion of the westerly
side of Amarillo Road and on the southerly side and westerly terminus of Alegre
Drive.
Transamerica Title (Ms. Jackie Gulyas) has agreed that a summary vacating
of the easement, under the authority of Section 8334(a) of the Streets and Highways
Code, will be sufficient for its purposes. Under the summary vacation procedures,
no public hearing, posting or publishing is required.
Enclosed is a draft of resolution which may be appropriate for your City
Council 's use. If you have any questions, please do not hesitate to call the under-
signed at 881-6461.
Very truly yours,
H.A. FLERTZHEIM, JR.
DIRECTOR OF PUBLIC WORKS
e 'N / - (7
By `k_,
KEVIN M. CASSADY, CHIE
REAL ESTATE DIVISION'
HAF:KMC:ja
Enclosure
cc: Transamerica Title
Raymond F. Burnham, County Road Dept.
E.A. Boris, County Road Dept.
. 1 7 Transamerica
Transamerica Title Insurance Comp*
Title Services Box 2487 R E C E I V E D
6850 Regional Street
i ri7 Dublin, California 94566
(415)829-3800 JUL 2 31982
CITY OF DUBLIN
July 22 , 1982
City of Dublin
6500 Dublin Blvd. , Suite 100
Dublin, California
Attn: Richard Ambrose
Subject: Nielsen Parcel Map 3718
Easement Quitclaim Deed
Dear Mr. Ambrose:
In connection with the filing of the above referenced
parcel map, enclosed please find an easement quitclaim
deed for execution by the City of Dublin. I am also
enclosing a copy of the document recorded in 1963 that
created the slope easement together with a copy of our
latest preliminary title report covering the property
in question.
This quitclaim deed is being requested due to the fact
the slope easement appears to be no longer required..
If you should have any questions, or require further
documentation, please call.
� ncerely yours,
j 4 )114:4012/1
Jackie Gulyas
Builder Services .
Enclosures
•
EXHIBIT "A"
A strip of land 10 feet wide, right angle and radial measurement,
lying to the left, looking in the direction of the traverse, of the
following described line:
Commencing at the southeastern corner of the parcel of land described
in the deed to Robert Nielsen, et ux, recorded February 10, 1954 in
Book 7246, at page 545, Official Records of said County; thence along
the southwestern line of said parcel of land North 46°35 ' 30" West
25. 83 feet to the Actual Point of Beginning of the line herein being
described; thence leaving said line, northerly along the arc of a curve
concave to the west, having a radius of 500 feet, from a tangent which
bears North 5°34 ' 13" West, through a central angle of 18°20 '27" West,
an arc distance of 160. 05 feet; thence tangent to said curve, North 23°
54 ' 40" West 40. 98 feet; thence northwesterly along the arc of a tangent
curve concave to the southwest, having a radius of 20 feet, through a
central angle of 90°00 '00" , an arc distanceof 31. 42 feet; thence
northwesterly along the arc of a reverse cu*ve having a radius of 275
feet, through a central angle of 35°06 ' 42" , an arc distance of 168. 52
feet; thence tangent to said curve North 78°47' 58" West 167. 90 feet
to the eastern line of the 393. 79 acre tract of land conveyed to _
Thos. Nielsen, et al, by deed recorded July 9 , 1920 in Book 2926 of
Deeds, at page 313, records of said County; thence along the last
mentioned line North 13°07 '30" West 64 . 87 feet.
The side lines of said 10 foot strip of land are to be shortened or
lengthened so as to terminate at its southern extremity in said south-
western line of said Nielsen parcel of land (7246 O.R. 545) , and at its
northern extremity in a line drawn at right angles through the northern
terminus of the last above described course.
•
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
Name P
Street
Address
City
State
Zip
SPACE ABOVE THIS LINE FOR RECORDER'S USE -
MAIL TAX STATEMENTS TO
Name
DOCUMENTARY TRANSFER TAX fn0 CQIISlderat'i on
Street
Address COMPUTED ON FULL VALUE OF PROPERTY CONVEYED,
City OR COMPUTED ON FULL VALUE LESS LIENS AND
State I ENCUMBRANCES REMAINING AT TIME OF SALE.
Zip
Transamerica Title
Signature of Declarant or Agent determining tax. Firm Name
E A S E M E N T
QUITCLAIM DEED (Escrow No 7701
(CORPORATION)
By this instrument dated July 22, 1982 ,for a valuable consideration,
THE CITY OF DUBLIN, a municipal corporation as successor to
THE COUNTY OF ALAMEDA, a body corporate and public
do e S hereby remise,release and forever quitclaim to
ROBERT NIELSEN AND MARILYN NIELSEN, his wife, as joint tenants
the following described Real Property in the State of California, County of. Alameda
City of D_ubliii
All right, title and interest in and to that certain Slope
Easement recorded August 14 , 1963, Series No. AU135175,
Official Records of Alameda County.
For legal description see Exhibit "A" attached hereto and made
a part hereof.
THE CITY OF DUBLIN, a municipal corporation
•
By:
-v STATE OF CALIFORNIA On , 19 ,before me,the undersigned,a Notary Public in and for said
SS. County and State, personally appeared
a COUNTY OF and known to me to be the
and respectively of the Corporation
,Q that executed the within instrument on behalf of the Corporation therein named,and acknowledged to me that such Corporation executed the same.
r 3:
Notary's Signature F
E �
e`
MAIL TAX STATEMENTS AS DIRECTED ABOVE
William P. Junge �^.
Manager ---Builder Services
Transamerica Transamerica ,04
Title Insurance Company
6850 Regional Street ``9 T `',,�
Dublin U „....•California 94568
/ pp,vE . o
(415)829-3800 •-c Rr'E ";.
cw - �6
,c
i 19. 2
1 s, ..c' 't •'O
. . 44 t`
, - `.
T� .j
i < Z` Z ` 1'"
..I'r f. ' `1 t O
: O -; .
N. s
• . i;•
'e
6 .` .. ' S"'.'.-.. " ,,•
•.
iGG �r%� 1 %4
`i 104
'I a '� • t, , .' t
e „.‘ ,..- . • c) I ® i
.., "... - -_ ,''''' i k i e
0.. ,
M .® •
`i
/0 .i,f - a 2i i 6.
1
• 4 • p
,/ G t e S -4.S.. s
� •
t 0 , ; -.Z4yq n•/ �1. Y. Q CCXP.T +♦ .
?� s
---• ;1 i,I• �s I
t - / 2 P O )` ® a,
�; • I 23
�� tr; Pig ,J "`« k 1
• • x 26
;Z i t ,
4 L• M., tit '°..I Q y () e,
4 I 5`4/. v Y
oPe L_______
! GT f
31 eI 1 t .
30 i cr34O., 104
O ,
40 •t ♦s ,� I
00 ■.<K.• d 39 / 3;1
`'• Iy V iB ■ 36 O
I.Tom•
«•.,,• 101
o.f.,cr 4‹ ;� t 4169!.
56
° L� 9
� E•
0.2e.c . Q
12-004
2 .z
RESOLUTION NO.
CITY COUNCIL OF CITY OF DUBLIN, CALIFORNIA
SUMMARILY VACATE ROADWAY SLOPE EASEMENT (AMARILLO ROAD,
ALEGRE DRIVE) ; RECORD RESOLUTION
WHEREAS, by Resolution No. 104732, adopted August 6, 1963, the Board of
Supervisors of the County of Alameda, State of California, did accept a Slope Easement
dated August 1, 1963, from Tillie Nielsen, et al . , which said instrument granted to the
County of Alameda, a body corporate and politic, the easement and right of way to con-
struct and maintain roadway slopes, in connection with the development of Tract 2467,
in and over the real property described as:
(Portion of Assessor's 941-100-7-31 and 941-105-42)
All that certain real property in the Township of Pleasanton, County of Alameda,
State of California, described as follows :
A strip of land 10 feet wide, right angle and radial measurement, lying
to the left, looking in the direction of the traverse, of the following de-
scribed line:
Commencing at the southeastern corner of the parcel of land described
in the deed to Robert Nielsen, et ux. , recorded February 10, 1954, in Book
7246, at page 545, Official Records of said County; thence along the south-
western line of said parcel of land North 46° 35' 30" West 25.83 feet to
the Actual Point of Beginning of the line herein being described; thence
leaving said line, northerly along the arc of a curve concave to the west,
having a radius of 500 feet, from a tangent which bears North 5° 34' 13" West,
through a central angle of 18° 20' 27" West, an arc distance of 160.05 feet;
thence tangent to said curve, North 23° 54' 40" West 40.98 feet; thence north-
westerly along the arc of a tangent curve concave to the southwest, having a
radius of 20 feet, through a central angle of 90° 00' 00", an arc distance of
31.42 feet; thence northwesterly along the arc of a reverse curve having a
radius of 275 feet, through a central angle of 35° 06' 42", an arc distance
of 168.52 feet; thence tangent to said curve North 78° 47 ' 58" West 167.90 feet
to the eastern line of the 393.79 acre tract of land conveyed to Thos . Nielsen,
et al . , by deed recorded July 9, 1920 in Book 2926 of Deeds, at page 313, records
of said County; thence along the last mentioned line North 13° 07' 30" West
64.87 feet.
The side lines of said 10-foot strip of land are to be shortened or
lengthened so as to terminate at its southern extremity in said southwestern
line of said Nielsen parcel of land (7246 O.R. 545) , and at its northern
extremity in a line drawn at right angles through the northern terminus of
the last above described course.
AND, WHEREAS, said Slope Easement was recorded on August 14, 1963, in Reel 964
of Official Records at image 619 thereof (AU 135175) , records of Alameda County,
California; and
WHEREAS, pursuant to the provisions of Section 989 of the Streets and Highways
Code of the State of California, title to said Slope Easement is now vested in the City
of Dublin, a municipal corporation; and
WHEREAS, this City Council does and it hereby finds and determines that the
roadway slope easement in and over the hereinabove described real property is excess
and is not required for street or highway purposes.
NOW, THEREFORE, BE IT RESOLVED, under the authority of Division 9, Part 3,
Chapter 4, Article 1, Section 8334(a) , of the Streets and Highways Code of the State
of California, that the roadway slope easement in and over the hereinabove described
real property, which said easement is appurtenant to portions of Amarillo Road and
Alegre Drive, be and the same is hereby summarily vacated; and
Q
.;. art:-... ....,. .. .:. . ....:: .: ... ..... '. �.:. ..
•
. •
Resolution No.
Page 2
BE IT FURTHER RESOLVED, that the City Clerk shall cause a certified copy of
this resolution of vacation, attested by the Clerk under seal , to be recorded at the
office of the Recorder of Alameda County, and from and after the date of such recorda-
tion, the slope easement hereby vacated no longer constitutes a slope easement.
BY ORDER OF THE CITY COUNCIL OF THE CITY OF DUBLIN, this day
of , 1982.
ATTEST:
DOROTHY HOCK, City Clerk
CITY OF DUBLIN
Tract 2467
Amarillo Road
Alegre Drive
(Parcel Map 3718)
THE CITY OF DUBLIN
P.O. Box 2340
Dublin,CA 94566 (415) 829-3543
MEMORANDUM
August 17 , 1982
TO: CITY MANAGER
FROM: CITY ATTORNEY
RE: VACATION OF ROADWAY SLOPE EASEMENT
AMARILLO ROAD, ALEGRE DRIVE, TRACT 2467
The resolution for summary vacation of the above
slope easement is in order and should be put on the August 23 ,
1982 , agenda for adoption.
MRN/bh