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HomeMy WebLinkAboutItem 4.03 GrantEasemtTr4719 (2) r r .......... '-' ~ ' '-" CI.TY OF OOBLIN ~ STATEHENl' SUBJECT : City Council Meeting Date: April 14, 1986 Grant of Easement - Tr~ce '( EXHIBITS ATTACHED: 1) Resolution 2) Grant of Easement Document _~(N;;~'~~::lu::'~: :::<D 26, 1986 FI~CIAL STATEMENl': No cost. to City, DESCRIPTION : In the attached letter, Alameda County requests that the City of Dublin grant an access road easement to Zone 7 . This '~oadeasement crosses Lot 153, Tract 4719, to Zone 7's Dougherty Res~rvoir site. Dublin accepted a grant deec,'l for open sPace over Lot 153, Tract 4719, on September 9, 1985". Timing wasbaied on Beck Properties' ccmnencement of ' . sales. If Beck properties.nac,'lso~d homes with the open space parcel in Bec~'s name, they would have had to form a homeowners' associati,on to hold title. At that time, z0ge 7 hacl a signed>~nt deed for an accesS in their possession but hacl not accepted it' as the deed wording haclnot. been approved. . "'i' , This action will nowprovideZol'le 7 with an aCgesseasement along the road which was constructed in the open space for access to the, ex~sting. reservoir. The original easement had language in it t.o include the construction of a second tank on the site. This has been removed to allow the City control of the haul route should a second tank be needed. ----------------------------------------------------~----------------------- .J~~..;.,,:,.. ITEM NO. ... " ' "",<';,:;CCi4;);"',' -,' "':' """^-Pt.?;:0::',' , . COPIES TO: :\~:{:~f~:,fY'-' John Fenstermacher Assistant Chief Real Estate Divfsion County of Alameda ,J';'i.)...";'",. RESOWl'ION NO. A RESOWl'ION OF THE CITY <XXJNCIL OF THE CITY OF DUBLIN GRANl'ING ACCESS EASEMENI' AT LCIl' 153, TRACT 4719 WHEREAS, the City of Dublin is the owner of an open space parcel identified as a portion of Lot 153 of Tract 4719; and WHEREAS, the City resolution of acceptance of this open space acknowledged an easement to the Alameda County Flood Control and Water Conservation District; and WHEREAS, Alameda County Flood Control and Water Conservation District (Zone 7) had not accepted their easement when the City accepted the grant deed for open space; and WHEREAS, Alameda County has requested that the City grant this easement to Zone 7 for the existing access road to their water tank; NCW, TIIEREFCRE, BE IT RESOLVED that the Dublin City Council does hereby approve this grant of easement to the Alameda County Flood Control and Water Conservation District. PASSED, APPROVED, AND ADOPTED this 14th day of April, 1986. AYES: NOES: ABSENT: Mayor A'ITEST: City Clerk COUNTY OF ALAMEDA PUBLIC WORKS AGENCY 399 Elmhurst Street. Hayward, CA 94544-1395 (415) 881-6470 RICEIVED MAR 2 7 1986 PUBLIC WORKS March 26, 1986 Mr.. Lee Thanpson City Engineer Ci ty of Dublin 6500 Dublin Boulevard P.. 0.. Box 2340 Dublin, CA 94568 Re: ZONE 7 DCUGHERTY RESERVOIR - Access Road p/w - No. 7363 Tract 4719 Citv of Dublin Dear Mr.. Thanpson: Zone 7 received a Grant of Access Easement signed by C.. Y.. Lee et al.., for the referenced access road to the Zone's reservoir site dated December 12, 1985.. Prior to the Zone's acceptance of the Grant of Access Easement, the Grantors conveyed the underlying fee to the area over which the access road crosses to the City of Dublin.. This action invalidated the Grant to the Zone and now requires the City of Dublin to make the conveyance. In connection with the conveyance of this access easement, enclosed are the original and two copies of a Grant of Access Easement. Please have the documents signed on behalf of the City of Dublin and return them to this office for acceptance ~ Zone 7 along with a certified copy of the City Council's resolution authorizing the conveyance.. upon acceptance ~ Zone 7, the easement will be recorded and a conformed cop.{ will be returned for your files.. I thank you for your cooperation in this matter and should you have any questions, call me at 881-6468.. Very trul~~ .. ..i~0 SISTANT CHIEF REAL ESTATE DIVISION JWF:rnbc Enclosures cc: Vince WOng When recorded return to: Alameda County Flood Control & Water Conservation District 399 Elmhurst Street Hayward, California 94544 QIC 50505 .-, .' r---~~- ,. r>nr'''''.'' -, 'J" -~ '," ~,-, ", "- . O.~...,_..I"", I". .r"R T"" EXEMPT r ","C',\ C"J"'" ,,'.- "'r ~'-\"" I"'.;.:....~__. ..J'" , ,,~.iJ L _,_. "v_ t IiU r \\'XID CJ;;:;:!-:VF,i::J:: cr:i;,iCT t:' 6Y un Of DUBLIN , I~" ~ "'-n' , , , u,,,,... '" u,.ATED 0 ."...-....-..-.-......... GRANT OF EASEMENT THIS INDENTURE, made this day of ,19_, between CITY OF DUBLIN, a municipal corporation, hereinafter called GRANTOR, and the Alameda County Flood Control and Water Conservation District, a body corporate and pol itic, hereinafter called DISTRICT, WITNESS ETH: That GRANTOR thereby, does GRANT and CONVEY unto DISTRICT, its successors and assigns, the perpetual easement and right of way for the construction and maintenance of a roadway for the 'passage of pedestrians, vehicles and equipment for the purpose of facilitating the maintenance, improvement and inspection of a water storage facility and the maintenance of water lines and storm drain facilities over, along, under, through and across the following described land: , FOR DESCRIPTION, SEE EXHIBIT "A" ATTACHED HERETO. (No. 7363) Together with the right to enter upon lands adjacent to the hereinabove described real property for the purpose of constructing and maintaining slope banks and drainage facilities necessary for the support and protection of the roadway and water lines located within the above-described property. IN WITNESS WHEREOF, GRANTOR had duly executed this document. CITY OF DUBLIN Bv: EXHIBIT "A" DESCRIPTIDN FDR ALAMEDA CDUNTY FLDOD CONTROL AND WATER CONSERVATION DISTRICT ZONE 7, DOUGHERTY RESERVOIR AND PIPELINE, FC 7-81 Access Easement to be acquired within Lot 153, Tract 4719 Map RC-114 (Parcel F) APN 941-500-1-12 (Por.) No. 7363 April 2, 1984 Retyped March 24, 1986 All that certain real property situated in the City of Dublin, County of Alameda, State of California, described as follows: A strip of land of the uniform width of 30.00 feet, right angle measurement, being 15.00 feet on either side of the fOllowing described center line: 8eginning at the point of intersection of the monument line of Coral Way with the monument line of the most northern portion of Topaz Circle, as said Way and Circle are delineated and so designated on that certain map entitled "Tract 4719 City of Dublin Alameda County, California" etc.. filed January 17, 1984, in Book 142 of Maps at pages 41-46 thereof, Records-of Alameda County, California, and running thence along said monument line of Topaz Circle, South 810 13' 29" West (the bearing of said monument line of Topaz Circle being taken as South 810 13' 29" West for the purpose of making this description), 28.05 feet; thence leaving said monument line, North 80 46' 31" West, 11.39 feet to a point on the northern line of said Topaz Circle; thence along said northern line, North 750 47' 17" East, 20.445 feet to a point thereon, last said point being the ACTUAL POINT OF COMMENCEMENT; thence leaving said northern line, northerly, northeasterly and easterly on the arc of a curve to the right, tangent at last. sa i d poi nt to a course whi ch bears North 140 12' 43" West, the radi us of whi ch curve is 80.00 feet, through a central angle of 990 27' 43", a distance on said arc of 138.876 feet; thence tangent to last said curve, North 850 15' 00" East, No. 7363 Page Two 242.997 feet; thence easterly and southeasterly on the arc of a curve to the right, tangent to last said course, the radius of which curve is 80.00 feet, through a central angle of 630 55' 00", a distance on said arc of 89.245 feet; thence tangent to last said curve, South 300 50' 00" East, 322.504 feet; thence southeasterly and southerly on the arc of a curve to the right, tangent to last said course, the radius of which curve is 200.00 feet, through a central angle of 200 14' 00", a distance on said arc of 70.628 feet to a point on the northern line of that certain parcel of land described as Parcel C, in the deed from Larry C. Y. Lee, et al., to Alameda County Flood Control and Water Conservation District, dated February 16, 1984, and recorded April 20, 1984, as Series No. 84-076934, Official Records of Alameda County, California, tangent at last said point to a course which bears South 100 36' 00" East, last said point being distant along said northern line, North 790 24' 00" East, 30.00 feet from the western terminus of that certain course described in said deed as "thence North 790 24' 00" East, 60.00 feet;". The sidelines of said strip of land to be lengthened or shortened to extend between the aforesaid northern line of Topaz Circle and the aforesaid northern line of Parcel C (84-076934). Containing 0.595 acre (25,928 square feet), more or less, and being a portion of Lot 153, as said lot is shown on said map of Tract 4719.