HomeMy WebLinkAbout4.9 Accept Quit Claim of Easement and Grant of Easement to DSRSD for Water Line on the Maintenance Corporation Yard Property (2)STAFF REPORT
CITY COUNCIL
Page 1 of 2
Agenda Item 4.9
DATE:July 20, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Accept Quit Claim of Easement and Grant of Easement to DSRSD for Water
Line on the Maintenance Corporation Yard Property
Prepared by: Laurie Sucgang, City Engineer
EXECUTIVE SUMMARY:
The City Council will consider accepting a quit claim of easement over the location of a former
water line and granting a new easement over the new location of the water line on the City of
Dublin Maintenance Corporation Yard property at 5777 Scarlett Court, Assessor’s Parcel No. 941-
550-77-1.
STAFF RECOMMENDATION:
Adopt the Resolution Accepting Quit Claim of Easement from DSRSD and Granting Easement to
DSRSD for Water Line Purposes Over a Portion of Assessor Parcel Number 941-550-77-1.
FINANCIAL IMPACT:
There is no impact to the General Fund to effectuate the quit claim of easement and grant of
easement. All costs associated with preparing and reviewing the documents, legal description and
plat map are charged to the Maintenance Yard Facility Improvements Project, CIP No. GI0509, as
this is one of the close out items for the project.
DESCRIPTION:
The construction of the Maintenance Yard Facility Improvements Project, CIP No. GI0509,
necessitated the relocation of an existing water line owned by the Dublin San Ramon Services
District (DSRSD). DSRSD relocated the water line as required by the City. The City and DSRSD
now desire to move the water line easement over the new location of the water line.
Staff recommends accepting the quit claim of easement over the former location of the water line
and granting a new easement over the new water line location.
DSRSD Staff will take this same item and recommendation to the DSRSD Board on or near July 20,
180
Page 2 of 2
2021.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Accepting Quit Claim of Easement from DSRSD and Granting Easement to DSRSD
for Water Line Purposes Over a Portion of Assessor Parcel Number 941-550-77-1
2) Exhibit A to the Resolution – Quit Claim of Easement
3)Exhibit B to the Resolution – Grant of Easement
181
Attachment 1
Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 1
RESOLUTION NO. XX – 21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ACCEPTING QUIT CLAIM OF EASEMENT FROM DSRSD AND
GRANTING EASEMENT TO DSRSD FOR WATER LINE PURPOSES OVER A PORTION OF
ASSESSOR PARCEL NUMBER 941-550-77-1
WHEREAS,the City of Dublin owns the property located at 5777 Scarlett Court,
Assessor’s Parcel No. 941-550-77-1, (“Property”); and
WHEREAS,the Dublin San Ramon Services District (“DSRSD”) relocated a water line as
required by the City for the construction of the Maintenance Facility Improvements Project, which
constructed the Maintenance Corporation Yard and the Alameda County Fire Department
Vehicle Maintenance Facility located at the Property; and
WHEREAS, DSRSD desires to quit claim the existing easement on the Property over the
former location of the water line; and
WHEREAS, the City desires to grant a new 20-foot wide easement to DSRSD over the
new location of the water line.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
accepts the quit claim of easement from DSRSD and grants an easement over a portion of the
Property.
BE IT FURTHER RESOLVED that the City Manager is authorized to accept the quit claim
of easement, attached hereto as Exhibit A,and execute the grant of easement, attached hereto
as Exhibit B,and make any necessary, non-substantive changes to carry out the intent of this
Resolution.
PASSED, APPROVED AND ADOPTED this 20th day of July 2021, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
182
H:\ENGDEPT\PERMITS\Templates\Quitclaim Form Updated 5-24-16.docx
Rev. 05/24/16
Recording Requested By:
And When Recorded Mail To:
Dublin San Ramon Services District
7051 Dublin Boulevard
Dublin, CA 94568
Space Above This Line For Recorder's Use
Mail Tax Statements To: No Tax Due – R&T Code 11911 – Consideration - Ø
Nicole Genzale, District Secretary
Dublin San Ramon Services District
AFFECTS A.P.N. ESCROW NO.
QUIT CLAIM OF EASEMENT
By this instrument dated , for a valuable
consideration, DUBLIN SAN RAMON SERVICES DISTRICT , a political subdivision organized and
existing under the community services district laws of the State of California, Counties of Alameda and
Contra Costa, hereinafter "GRANTOR", hereby QUIT CLAIMS to:
the following described real property located in the State of California, County of,
, City of :
AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO
IN WITNESS WHEREOF, GRANTOR has executed this Grant Deed as of the day and year first above
written.
GRANTOR:
Dan McIntyre, General Manager
Dublin San Ramon Services District
City of Dublin
100 Civic Plaza
Dublin, CA 94568-0233
City of Dublin
100 Civic Plaza
Dublin, CA 94568-0233
The City of Dublin, a municipal corporation
Alameda Dublin
941-550-77-1
Attachment 2
183
Rev: June 21, 2021
Date: October 09, 2019
File: 1930001.01
DESC - DUBLIN SAN RAMON SERVICES DISTRICT PUE.docx
EXHIBIT ‘A’
LEGAL DESCRIPTION
QUITCLAIMED EASEMENT
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA,
STATE OF CALIFORNIA, BEING A PUBLIC UTILITY EASEMENT AS DESCRIBED IN DOCUMENT
NUMBER 77-218438, RECORDED NOVEMBER 02, 1977 AS IN REEL 5120 OF OFFICIAL RECORDS,
IMAGE 369, OVER PARCEL “A” AS SHOWN ON THAT CERTAIN PARCEL MAP 1177, RECORDED IN
BOOK 87 OF PARCEL MAPS, PAGE 69, ALAMEDA COUNTY RECORDS, AND BEING THE LANDS OF
CITY OF DUBLIN AS DESCRIBED IN DOCUMENT NUMBER 2009-51538, ALAMEDA COUNTY
RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL “A”, THENCE ALONG THE
SOUTHEASTERLY LINE OF SAID PARCEL “A”, SOUTH 43°30’54” WEST, A DISTANCE OF 170.00
FEET TO THE SOUTHERLY LINE OF SAID PARCEL “A”;
THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89°14’44” WEST, A DISTANCE OF 27.93 FEET;
THENCE LEAVING SAID SOUTHERLY LINE, NORTH 43°30’54” EAST, A DISTANCE OF 189.49 FEET
TO THE NORTHEASTERLY LINE OF SAID PARCEL “A”;
THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 46°29’22” EAST, A DISTANCE OF 20.00 FEET
TO THE POINT OF BEGINNING;
SAID PUBLIC UTILITY EASEMENT CONTAINING 3,595 SQUARE FEET MORE OR LESS.
SEE EXHIBIT ‘B’ PLAT MAP ATTACHED HERETO AND MADE A PART HEREOF.
THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THAT CERTAIN MAP ENTITLED “PARCEL MAP
1177”, RECORDED IN BOOK 87 OF PARCEL MAPS, PAGE 69, ALAMEDA COUNTY RECORDS.
PREPARED BY:
CSW/STUBER-STROEH ENGINEERING GROUP, INC.
JOSH WOELBING
P.L.S. # 9387
184
Graphic Scale (in feet)
0
1 inch = 40 ft.
40
DUBLIN CALIFORNIAALAMEDA
PLAT TO ACCOMPANY LEGAL DESCRIPTION
QUITCLAIMED EASEMENT
EXHIBIT B
Rev. 06/21/2021 Date: 11/18/2020
Job No. 1930001.01 Scale:1" = 40'
P:\Projects\1930001.01 Scarlett Ct Vacation and Merger Investigation\DWG\Legal Descriptions and plats\Dublin San Ramon Services District Quitclaim PUE\PLAT - DSRSD quitclaim easement.dwg 06/21/2021 - 04:31 PM tetiana185
CERTIFICATE OF ACCEPTANCE BY THE CITY OF DUBLIN
This Certificate of Acceptance by the City of Dublin (hereinafter “Acceptance”) is made by the
CITY OF DUBLIN, a municipal corporation (hereinafter "City").
RECITAL
On __________________, _____________________ (“Grantor”) executed the document
entitled Quit Claim of Easement (“Quit Claim”), by which the Grantor quit claimed an interest in
real property to the City. The real property is described more particularly in the Quit Claim, and
is generally described as a portion of assessor’s parcel number 941-550-77-1, Dublin, California
(“Property”).
NOW, THEREFORE, PURSUANT TO THE AUTHORITY OF GOVERNMENT CODE
SECTION 27281, AND CITY COUNCIL RESOLUTION NO. 24-87 (ADOPTED APRIL
13, 1987), THE CITY HEREBY CERTIFIES:
The interest in the Property conveyed by the Quit Claim from Grantor to the City is hereby
accepted by the undersigned officer on behalf of the City, and the City hereby consents to
recordation thereof by its duly authorized officer.
CITY OF DUBLIN
______________________________
By: Linda Smith
Title: City Manager
Date: ______________________________
186
SIGNATURE NEEDS TO BE NOTARIZED
ATTACH NOTARY ACKNOWLEDGEMENT FORM
187
Used for Properties Located in Alameda County
H:\ENGDEPT\TEMPLATE\FORM\Permitting\Grant of Easement Alameda County.docx Rev. 10/15
Recording Requested By:
Dublin San Ramon Services District
7051 Dublin Boulevard
Dublin, CA 94568
And When Recorded Mail To:
Dublin San Ramon Services District
7051 Dublin Boulevard
Dublin, CA 94568
Space Above This Line For Recorder's Use
Mail Tax Statements To: No Tax Due
Record Without Fee, Government Section 27383
Nicole Genzale, District Secretary
Dublin San Ramon Services District
R&T Code 11911 – Consideration - 0
EASEMENT NO.____________________AFFECTS A.P.N. ESCROW NO._________________
GRANT OF EASEMENT
By this instrument dated , for a valuable consideration,
hereinafter "GRANTOR", being owners of the real property described in Exhibit "A" attached hereto and incorporated
by this reference, hereby GRANTS to DUBLIN SAN RAMON SERVICES DISTRICT, a political subdivision
organized and existing under the community services district laws of the State of California, Counties of Alameda and
Contra Costa, the following described interest in the real property located in the State of California, County of
Alameda, City of Dublin: a perpetual Public Utility and Right of Way Easement for the purpose of excavating,
installing, constructing, reconstructing, repairing, maintaining and operating improvements, including but not limited to
sanitary sewer lines, potable water lines, recycled water lines, and all appurtenances thereto, together with the right of
ingress and egress therefore, in, under, over, along and across that certain land:
As shown on plat map in Exhibit "B" attached hereto and incorporated by this reference.
GRANTOR hereby agrees to refrain from building, erecting or allowing any structure or improvement over the
easement herein granted. IN WITNESS WHEREOF, GRANTOR has executed this Grant of Easement as of the day
and year first above written.
GRANTOR
941-550-77-1
City of Dublin, a municipal corporation
Linda Smith, City Manager
Attachment 3
188
Rev.: June 22, 2021
Date: February 4, 2020
File: 1930001.01
EXHIBIT ‘A’
LEGAL DESCRIPTION
WATER LINE EASEMENT
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE STATE OF CALIFORNIA, COUNTY OF ALAMEDA, CITY
OF DUBLIN, BEING A WATER LINE EASEMENT OVER A PORTION OF LANDS OF CITY OF DUBLIN AS
DESCRIBED IN DOCUMENT NUMBER 2009-051538 AND AS SHOWN ON THAT CERTAIN MAP ENTITLED
“PARCEL MAP 1177” RECORDED IN BOOK 87 OF PARCEL MAPS, PAGE 69, ALAMEDA COUNTY RECORDS,
BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
COMMENCING FROM THE MOST EASTERLY CORNER OF PARCEL “A” AS SHOWN ON SAID PARCEL MAP
1177, THENCE ALONG THE EASTERLY LINE OF SAID LANDS, SOUTH 46°29’14”E, A DISTANCE OF 94.98
FEET TO THE POINT OF THE BEGINNING;
THENCE LEAVING SAID EASTERLY LINE, SOUTH 61°57’00”WEST, A DISTANCE OF 99.07 FEET;
THENCE SOUTH 89°14’44”WEST, A DISTANCE OF 88.90 FEET TO THE POINT OF TERMINUS AT THE
SOUTHEASTERLY LINE OF SAID PARCEL “A” AND AN EXISTING 20.00 FEET NON-EXCLUSIVE UTILITY
EASEMENT AS DESCRIBED IN REEL 2493, IMAGE 656 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, AND
SHOWN ON SAID PARCEL MAP 1177;
THE SIDELINES OF THIS WATER LINE EASEMENT SHALL BE PROLONGED OR SHORTENED SO AS
TERMINATE ON THE SOUTHEASTERLY LINE OF SAID PARCEL “A”.
SAID WATER LINE EASEMENT CONTAINING 3,759 SQUARE FEET MORE OR LESS.
STATEMENT OF INTENT: THE INTENT OF THIS WATER LINE EASEMENT IS TO BE CENTERED ON THE
EXISTING WATER LINE ON SITE. PHYSICAL LOCATION OF WATER LINE ON SITE WILL HOLD OVER THE
METES AND BOUNDS DESCRIBED WITHIN.
SEE “EXHIBIT B” PLAT MAP ATTACHED AND MADE A PART OF HEREOF.
THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THAT CERTAIN MAP ENTITLED “PARCEL MAP
1177”, RECORDED IN BOOK 87 OF PARCEL MAPS, PAGE 69, ALAMEDA COUNTY RECORDS.
PREPARED BY
CSW/STUBER-STROEH ENGINEERING, INC.
JOSH WOELBING
P.L.S. # 9387
189
1 inch = 50 ft.
50
DUBLIN CALIFORNIAALAMEDA
PLAT TO ACCOMPANY LEGAL
WATER LINE EASEMENT
EXHIBIT 'B'
Rev. 06/22/2021 Date: 11/18/2020
Job No. 1930001.01 Scale:1" = 50'
P:\Projects\1930001.01 Scarlett Ct Vacation and Merger Investigation\DWG\Legal Descriptions and plats\Diblin San Ramon Services District Waterline easement\PLAT-WATERLINE EASEMENT.dwg 06/22/190