HomeMy WebLinkAboutItem 3.6 Accept Final Map #4442 (2) CITY OF DUBLIN L4 to r-5 1
AGENDA STATEMENT �{
CITY COUNCIL MEETING DATE: February 13, 1984
SUBJECT Approval of Final Map #4442 - Greenwood Condominium
Conversion
EXHIBITS ATTACHED 1 . Location Maps
2 . Draft Resolution
3 . Letter from Mike Nave, City Attorney
4 . Conversion Agreement
RECOMMENDATION Approve Final Map Tract 4442 and resolution approving
an agreement for the conversion of apartments to
condominiums .
FINANCIAL STATEMENT: None to City - no public improvements are within the
subdivision.
DESCRIPTION The Alameda County Planning Commission, on October 5,
1981 conditionally approved Tentative Map Tract No. 4442, to convert
60 existing apartment units to condominium units to allow individual
sales . The initial tentative map approval will expire on April 5, 1984 .
The developer is not ready to convert these units at
this time, however, wishes to complete his subdivision requirements .
He has worked out an agreement, to be recordedAwith our City Attorney,
which will preclude his sale of units until all the conversion require-
ments are met in lieu of making the physical improvements at this time .
The Final Map has been reviewed and is technically
correct for filing .
Because of the age of the original construction, no
Park Land Fees may be levied against this development .
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' CITY OF DUBLIN , ALAMEDA
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SHEET 2 OF 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
------------------------------------
ACCEPTANCE OF FINAL MAP
TRACT NO. 4442
WHEREAS, the Final Map of Tract No. 4442 in the incorporated
territory of the City of Dublin, State of California has been presented
to this City Council for approval, all in accordance with the provisions
of the Subdivision Map Act of the State of California and the Ordinance
Code of the County of Alameda, as adopted by the City of Dublin; and
WHEREAS, the Developer has executed and filed with this City
Council a contract to defer improvements for Tract No. 4442 in accordance
with the conditions of approval of the Tentative Map and reports attached
thereto; and
WHEREAS, said contract is secured by this agreement which, by
its terms, is made to preclude sales of the units without approval by the
City of Dublin, conditioned upon the performance of said contract;
NOW, THEREFORE, BE IT RESOLVED that said contract be and is hereby
approved, and the Mayor of this Council be and he is hereby authorized and
directed to execute said Contract on behalf of the City of Dublin; and
BE IT FURTHER RESOLVED that the Final Map of Tract No. 4442 be
and the same is hereby approved; and that the Clerk of this City Council be
and is hereby directed to transmit said Map to the County Recorder for
filing.
PASSED, APPROVED AND ADOPTED this 13th day of February, 1984
AYES :
NOES :
ABSENT:
Mayor
ATTEST:
City Clerk
LYNCH cC NAVE
A17ORNEYS AT LAW
JEREMIAH J LYNCH
MICHAEL R NAVE A PROFESSIONAL CORPORATION
I40DE4'5 WRINKLE 1201 HOWARC AVENUE
CHARLES L U-.HT P. 0. Box 200
BURLINGAME. CALIFORNIA 94010
14151 340.7130
August 16 , 1983
Robert M. Mitchell , Esq .
100 Pine Street, Suite 2740
San Francisco, CA 94111
Re : Greenwood Apartments Condominium Conversion
I
Dear Bob:
I have reviewed the Conversion Agreement sent to me and
the attached Satisfaction and Release , and I find both to be appro-
priate from the City ' s standpoint. By copy of this letter to Larry
Tong, I am providing him with a copy of both documents, and I am
requesting him to advise me of any of his concerns .
In the event that you do not hear from me in the next
ten days , you may proceed to put each document in final form.
Thank you very much for your courtesy and cooperation
in this matter .
Very truly yours ,
LYNCH & NAVE
Michael R. Nave
MRN: jaa
cc : Larry Tong
R E C E I V E D
AUG 18 1983
DUBLIN PLANNING
Recording'Reque.3ted By )
)
When Recorded Mail To )
CONVERSION AGREEMENT
(COVENANT RUNNING WITH THE LAND)
This Agreement is entered into this day of ,
1984 by and between the City of Dublin, California, a municipal corporation, hereinafter
referred to as "City," and T.N. Taube, Trustee under that certain "Co-owners Agreement"
dated June 22, 1977 and recorded July 7, 1977 at Book 4944 Page 208, Official Records of
Alameda County, hereinafter referred to as "Owner."
RECITALS
A. Owner is the owner of a certain real property located at 7315-7323 Starward
Drive, Dublin, California, more particularly described in Exhibit A attached hereto and by
this reference incorporated herein, hereinafter referred to as "Property"; and
B. Said Property is presently a 60-unit apartment (rental) project; and
C. Owner desires to convert said apartment project located on Property into a
condominium project, as defined by California Civil Code § 1350; and
D. Conversion of the apartment project into a condominium project is hereinafter
referred to as a "Conversion Project"; and
E. On October 5, 1981, pursuant to the Subdivision Ordinance of Alameda County,
hereinafter referred to as "Ordinance," the Alameda County Planning Commission, by
Resolution 81-75, approved the Tentative Map, Tract 4442, hereinafter "Tentative Map,"
filed on behalf of Owner by Gilbert A. Fitch & Associates, to subdivide the Property into
condominiums, subject to certain conditions, hereinafter "Conditions"; and
F. On February 1, 1982, the City of Dublin was incorporated as a municipal
corporation, and acquired the jurisdiction from the County of Alameda to regulate
conversion projects; and
G. The City has adopted the County Ordinance as the City's subdivision
Ordinance, and assumed the official acts and actions of the County as its own, including
Alameda County Planning Commission Resolution No. 81-75, attached hereto as Exhibit B,
hereinafter "Resolution," and the Conditions thereof; and
H. It is the intention of Owner to fully comply with all of the applicable City or
County ordinances, resolutions, policies, regulations and conditions of approval in effect
as of the date of approval of the Tentative Map, more particulary October 5, 1981,
imposed on conversion projects, other than any variances granted by the Resolution of
approval; and
I. Owner has requested and City is willing to permit Owner to file a Final Map
granting the approval of the City for the subdivision of the Property into condominiums,
prior to the bringing of the Property into compliance with all applicable Conditions of
approval, and said compliance is hereinafter referred to as "Covenant Compliance"; and
J. Owner recognizes its responsibility to have each unit brought into Covenant
Compliance prior to the transfer of that particular unit; and
K. It is only upon the commitment of Owner, as evidenced by the execution of
this Agreement, that City is willing to permit Owner to file a Final Map for said
Conversion Project in advance of each unit being brought into Covenant Compliance; and
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L. It is the desire and intention of City and Owner to bind all owners of Property,
present and future, their assigns and successors in interest, and by this Agreement to
create a covenant running with the land and a condition precedent to the transfer of any
individual condominium unit.
NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO, as
follows:
1. Whenever the term "Owner" is used herein, it shall refer collectively to
the Owners signing this Agreement, and/or their assigns and successors in interest.
2. Prior to the transfer (as used herein, the definition of the term
"transfer" shall be based upon the term "change in ownership" as defined in the California
Administrative Code, Title 18, Section 462) of each unit of the Conversion Project that
unit shall be in Covenant Compliance.
3. Owner shall comply with each and every condition of Resolution No. 81-
75 as adopted on October 5, 1981. Covenant Compliance shall be made before a transfer
of any individual unit of the conversion project may be made.
4. The City hereby grants permission to Owner to file and record a Final
Map on the Property, on the condition that the Final Map shall be subject to this
Agreement, and that this Agreement shall be recorded prior to the recording of the Final
Map.
5. City hereby waives its right to initiate proceedings for reversion to
acreage while this Agreement is in effect.
6. Each and every covenant made by Owner and City is made for the direct
benefit of the hereinafter indicated respective lands or interest in lands held by the
parties hereto, their assigns and/or successors in interest and shall run with the same, and,
if applicable, the responsibility and burdens thereof are imposed on and shall run with the
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respective lands or interest in lands held by the parties hereto, their assigns and/or
successors in interest.
7. The lands of Owner which are benefited by the City deferring the
requirement that each unit within the conversion project be in Covenant Compliance and
which will have the responsibility and burden of such Covenant Compliance as each unit is
transferred, is the above described Property.
8. The lands of City which are benefited by the agreement is Starward
Drive, a public street owned by City.
9. This Agreement shall be recorded by City in the Office of the County
Recorder of Alameda County.
10. This Agreement does not restrict the bulk transfer of the entire project
to any transferee, but such successor in interest to Owner shall be bound by all of the
terms and conditions of this Agreement, for as long as this Agreement remains in effect.
11. Compliance with the Covenant Conditions shall be shown by the
recording of a "Satisfaction and Release" in the form of the attached Exhibit C executed
by the City Engineer of the City of Dublin.
12. This Agreement shall be null and void and of no effect if Owner makes a
Petition for Reversion to Acreage.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate the day and year first above written.
CITY OF DUBLIN
a municipal corporation
ATTEST: By
By
City Clerk
APPROVED AS TO FORM:
City Attorney
OWNER:
T.N. Taube, Trustee
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The land referred to herein is situated its the State of CALIFORNIA
County of ALAMEDA City of DUBLIN
and is described as follows:
PORTION OF LOTS 1 AND 2, BLOCK 2, AS SAID LOTS AND BLOCK ARE SHOWN :'IN
THE MAP OF TRACT 2162, FILED AUGUST 23, 1960, MAP BOOK 42, PAGE 50,
ALAMEDA COUNTY RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERN LINE OF STARWARD DRIVE, AS SAlO
DRIVE IS SHOWN ON SAID MAP, AT THE SOUTHWESTERN CORNER OF THE PARCEL_ OF
LAND DESCRIBED IN THE DEED TO SALINAS VALLEY SAVINGS-LOAN ASSOCIATION
RECORDED OCTOBER 29, 1965 ON BOOK 1630, PAGE 959, (AX/149751 ) OFFICIAL
RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTHERN LINE OF STARWARD
DRIVE, THE TWO FOLLOWING COURSES: WESTERLY ALONG THE ARC OF A 290 FOOT
RADIUS CURVE, CONCAVE SOUTHERLY, AN ARC DISTANCE OF 184. 95 FEET AND
SOUTH 69 DEGREES 06 MINUTES 49 SECONDS WEST 118. 84 FEET TO A POINT
DISTANT ALONG SAID NORTHERN LINE, NORTH 69 DEGREES 06 MINUTES 44
SECONDS, EAST 125 FEET FROM THE EASTERN LINE OF THE PARCEL OF LAND
DESCRIBED IN THE DEED TO ALEX E. KERMOYAN, RECORDED JULY 11, 1961 UNDER
RECORDER 'S SERIES NO. AS/83494, OFFICIAL RECORDS OF SAID COUNTY) THENCE
NORTH 20 DEGREES 53 MINUTES 11 SECONDS WEST 296. 19 FEET TO THE SOUTHERN
LINE OF THE STRIP OF LAND DESCRIBED IN THE DEED TO ALAMEDA COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT, RECORDED AUGUST a9, 1961 ON
BOOK 397, PAGE 866, (AS/ 106148) , OFFICIAL RECORDS OF SAID COUNTY; THENCE
ALONG THE LAST MENTIONED LINE, NORTH 69 DEGREES 06 MINUTES 49 SECONDS
EAST 425 FEET TO THE WESTERN LINE OF THE PARCEL OF LAND DESCRIBED IN THE
DEED TO VALLEY COMMUNITY SERVICES DISTRICT, RECORDED AUGUST 10, 1961
UNDER RECORDER 'S SERIES NO. AS/97693, OFFICIAL RECORDS OF SAID COUNTY;
THENCE ALONG THE LAST MENTIONED LINE, SOUTH 20 DEGREES 53 MINUTES 11
SECONDS EAST 100 FEET; THENCE SOUTHERLY IN A DIRECT LINE TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN AND
UNDER OR THAT MAY BE PRODUCED FROM A DEPTH BELOW 500 FEE'S OF THE SURFACE
OF SAID PROPERTY, WITHOUT RIGHT OF ENTRY UPON THE SURFACE OF SAID
PROPERTY FOR THE PURPOSE OF MINING, DRILLING, EXPLORING OR EXTRACTING
SUCH OIL, GAS AND OTHER HYDROCARBON SUBSTANCES OR OTHER USE OF OR RIGHTS
IN OR TO ANY PORTION OF THE SURFACE OF SAID PROPERTY TO A DEPTH OF 500
FEET BELOW THE SURFACE THEREOF, AS RESERVED BY VOLK—MC LAIN COMMUNITIES
INC. , A CORPORATION, IN DEED RECORDED AUGUST 6, 1965 IN HOOK 1369, PAGE
491, OFFICIAL RECORDS, AS SERIES NO. AX/109305.
ASSESSOR 'S PARCEL NUMBER : 941-173-1-7
EXHIBIT A
THE COUNTY PLANNING COMMISSION OF ALAMEDA COUNTY
HAYWARD, CALIFORNIA
RESOLUTION NO 81-75 - AT MEETING; HELD OCTOBER 5, 1981
Introduced by Commissioner Spiliotopoulos
Seconded by Commissioner Warren
WHEREAS Gilbert A. Fitch and Associates has filed with the Alameda County
Planning Commission, Tentative Map, Tract 4442 to subdivide for 60 condominium units
property located at 7315, 7317, 7319, 7321, and 7323 Starward Drive, Dublin; and
WHEREAS this Tentative Map has been reviewed in accordance with the
provisions of the California Env ironrnent3l Q11311ty Act and is determined to be
catagorically exempt under the :'Alameda County FIR Guidelines, class 1 (k); the
conversion of existing rental apartments into condominiums; and
WHEREAS, under conditions to be made as part of the map, Tract 4442,
Exhibit B, it is determined that:
1. The proposed map and the proposed design and improvements are
consistent with the General Plan in that the area is planned and zoned
for residential uses, as existing and proposed.
2. The site is physically suitable for the proposed density of development
in that project has been existing and provides ample open space,
parking, and amenities.
3. The site is physically suitable for the proposed development in that
proposed conversion would not alter the residential use of the parcel.
4. The design of the subdivision will not cause material damage to the
environment in that it is an existing development that would not
materially change in its effect on the environment.
5. This division will not cause serious public health problems in that
buildings are existing and already served by the required public services.
6. The design of the lot does not conflict with easements acquired by the
public at large, for access through or for use of property within the
proposed land divison, in that none are known to exist:
NOW THEREFORE
BE IT RESOLVED that Tentative Map, Tract. 4442 is hereby approved subject
to the map labelled Exhibit B, dated October 5, 1981, and the following conditions:
1. The design and improvements of Tract 4442 shall be in conformance
with the design and improvements indicated graphically or by statement
nn tho• faro- of this man. Tr.Art 4442, Exhibit R including the site design
improve;nenis and number of units.
2. A current title report and copies of the recorded deeds of all parties
having any record title interest in the property to be subdivided for
condominium use arid, if necessary, copies of deeds. for adjoining
properties and easements thereto shall be submitted at the time of
filing of the Final Map.
EXHIBIT B
Resolution No. 81-75
October 5, 1981
Page 2
3. A Homes Association shall be established for the maintenance of all
common areas, including but not limited to, driveway, grounds and
building maintenance, landscaping, lighting, parking enforcement, and
on-site services and utilities not under the jurisdiction of a public
services district. C.C. be R's shall be subject to approval by the
•Planning Director.
4. The building and its fixtures, equipment and facilities are to be brought
into conformance with recommendations of the Property Report by
Gilbert A. Fitch &i Associates as summarized on pages 15-18, filed with
the tentative map, except as required by Conditions f L 5 be 6.
5. Lifetime leases are to be offered to tenants of age 62 or older at the
time of Final Map filing.
6. All garbage and utility meter areas are to be screened from view with
structural or landscape materials.
ADOPTED BY THE FOLLOWING VOTE:
AYES: Commissioners Douglas, Tully, Shockley, Sutherland, Spilitopoulos, and
Warren
NOES: None
ABSENT: None
EXCUSED: Commissioner Bernhardt
ABSTAINED: None
WILLIAM H. FRALEY - PLANNING DIRECTOR do SECRETARY
COUNTY PLANNING, COMMISSION OF ALAMEDA COUNTY
IZecording Requested By )
)
When Recorded Mail To
' SATISFACTION AND RELEASE OF CONVERSION AGREEMENT
WHEREAS, T.N. Taube, Trustee under that certain "Co-owners Agreement"
dated June 22, 1977 and recorded July 7, 1977 at Book 4944 Page 208, Official Records of
Alameda County, entered into that certain "Conversion Agreement," said Conversion
Agreement having been recorded on 1984 at Book
, Page , Official Records of the County of Alameda; and
WHEREAS, said Conversion Agreement ran to the benefit of the City of
Dublin, a municipal corporation; and
WHEREAS, paragraphs 3 and 4 of said Conversion Agreement require that
each unit located on that certain property described on Exhibit A hereto, the "Property,"
be brought into "Covenant Compliance" as defined in Recital "l" of said Conversion
Agreement prior to the transfer of any individual condominium units of the subdivision
located on said Property, as said subdivision is also defined and is also delineated on that
certain map entitled "Map of Tract No. 44421, recorded in Book _`_ of Maps, Page
Official Records of the County of Alameda; and
WHEREAS, Paragraph 3 of said Conversion Agreement required that each and
every condition of Resolution Number 81-75 of the Alameda County Planning Commission
must be satisfied prior to the sale of any individual unit; and
EXHIBIT C
WHEREAS, pursuant to Paragraph 11 of the Conversion Agreement, the City
of Dublin agreed to record a "Satisfaction and Release" when said units were brought into
Covenant Compliance;
NOW THEREFORE, it is hereby deterinined that the requirements set forth in
the Conversion Agreement have been satisfied, and the Property described in Exhibit A is
hereby released from the requirements set forth in said Conversion Agreement, which
shall henceforth be of no further force or effect.
IN WITNESS WHEREOF, this Satisfaction and Release of Conversion
Agreement is executed this day of 1984.
CITY OF DUBLIN
a municipal corporation
By
City Engineer
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney