HomeMy WebLinkAbout4.03 GrantEasemtTr4719
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CI.TY OF OOBLIN
~ STATEHENl'
SUBJECT :
City Council Meeting Date: April 14, 1986
Grant of Easement - Tr~ce
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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. .
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,
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.
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ITEM NO. ... " ' "",<';,:;CCi4;);"','
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, . COPIES TO:
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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
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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.