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HomeMy WebLinkAbout4.06 SRRd AccessAlmondPlaza7150-7222 Regional Street Ted Urban & David Malcolm CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: January 11, 1993 SUBJECT: Agreement with FC Investments for Driveway Access from San Ramon Road to Almond Plaza Shopping Center Report by: Public Works Director Lee Thompson EXHIBITS ATTACHED: 1) 2) 3) 4) Resolution Agreement Quitclaim deed Agenda statement from May 26, 1992, City Council meeting RECOMMENDATION: ~)Y \'v 1) Adopt resolution approving agreement and authorize Mayor to execute. Authorize Mayor to execute quitclaim deed. 2) FINANCIAL STATEMENT: FC Investments has agreed to pay the sum of $5,000 plus attorney's fees for a quitclaim of abutter's rights. DESCRIPTION: In May of 1992, the City Council considered and approved an application from David Malcolm for an encroachment permit to allow driveway access to Almond Plaza Shopping Center from San Ramon Road. The Council- approved encroachment permit was necessary because of a deed restriction on the Almond Plaza property which relinquished the property owner's rights to access from San Ramon Road. (See agenda statement, Exhibit 4.) Under the City's Municipal Code, an encroachment permit is not transferable, and Mr. Malcolm subsequently became concerned that, should the property be sold at a future date, the new owner would then need to apply for a similar permit to keep the driveway access to San Ramon Road. In addition, there was difference of opinion between the City Attorney and the property owner's attorney as to whether the City's abutter's rights actually exist. The City Attorney has negotiated an agreement with FC Investments (Mr. Malcolm's firm) which provides that the City will quitclaim the abutter's rights for compensation in the amount of $5,000 plus the City's attorney's fees in connection with this matter. The agreement includes a condition that, should the driveway access be found hazardous in the future, the City may require its closure at the expense of the property owner. The agreement also includes a "waiver of compensation" in which the property owner waives any claim of damages should the City require closure of the driveway under the terms of the agreement. The property owner is further required to obtain any permits that are normally required for construction of the driveway. This agreement is transferable. Staff recommends that the City Council adopt the resolution approving the agreement and authorize the Mayor to execute the agreement and quitclaim deed. a: (9293)\january\agstalpz - - - - - - - - -; /- - L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ITEM NO.~ COPIES TO: David Malcolm () I~ FILE~ RESOLUTION NO. -93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT WITH FC INVESTMENTS FOR DRIVEWAY ACCESS FROM SAN RAMON ROAD TO ALMOND PLAZA SHOPPING CENTER (QUITCLAIM OF ABUTTER'S RIGHTS) WHEREAS, FC Investments, owner of Almond Plaza Shopping Center, has requested driveway access from San Ramon Road to Almond Plaza Shopping Center; and WHEREAS, an existing deed restriction precludes such access by means of the City's abutter's rights; and WHEREAS, the City wishes to allow FC Investments to construct the driveway access under the terms and conditions of the agreement attached as Exhibit "A"; and WHEREAS, the City will be compensated for quitclaim of abutter's rights, according to the terms of the agreement, in the amount of $5,000 plus its attorney's fees; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the agreement with FC Investments, which is attached as Exhibit "A". BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement and quitclaim deed. PASSED, APPROVED, AND ADOPTED this 11th day of January, 1993. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk a: (9293)\january\resoalpz ... I ," " R~W.-:hõN AFTER RECORDING RETURN TO: EXHIBIT flAil OF RESOLUTION Kay Keck, city Clerk CITY OF DUBLIN P.o. Box 2340 Dublin, california 94568 AGREEMENT AND WAIVER OP COMPENSATION This Agreement and waiver of Compensation is entered into this day of January 1993 between the city of Dublin ("CITylt) and FC Investments, a California limited partnership ("FC"). RECITALS A. FC is the fee owner of the property described in Exhibit A, attached hereto and incorporated herein by reference (hsubject property") which is located within the city limits of CITY. B. The subject property abuts San Ramon Road but there is currently no access from the subject property to san Ramon Road. There currently is access from the subject property to Regional street, another public street within CITY. c. A dispute has arisen between CITY and FC with respect to the ownership of the abutter's rights to access from the subject property to San Ramon Road. D. The parties desire to resolve their dispute by entering into this agreement. AGREEMENT Section 1. Recitals. The foregoing recitals are true and correct and are made a part of this agreement. Section 2. Quitclaim. CITY shall quitclaim whatever abutter's rights it owns to FC in exchange for payment of $5000 plus CITY's attorney fees. section 3. Encroachment Permit. application from FC for an encroachment the subject property to San Ramon Road Encroachment Ordinance. CITY shall process an permit for a curb cut from in accordance with CITY's Section 4. Closure of Access. CITY's right to revoke the 1 '.. '.!!It> ~or, . ." k_.- AGeeE(('€0T J~~h encroachment permit and close access from the subject property to San Ramon Road shall be governed exclusively by this agreement. In the event that the improvements constructed by FC pursuant to the encroachment permit granted by CITY shall result in a "dangerous condition" for which CITY may be liable within the meaning of Government Code §§83 0, et seq., FC shall have a reasonable time to protect against said dangerous condition. In the event that FC fails to protect against said dangerous condition to CITY's satisfaction within a reasonable time after notice from CITY, CITY shall have the right, in accordance with the provisions of CITY's Municipal Code and other applicable provisions of law and following a hearing before the city Council, to revoke the encroachment and other permits issued to FC in connection with the improvements and to issue orders to FC to abate the improvements and return to the original alignment and design. The council hearing shall be conducted as a public hearing with not less than fifteen (15) days' prior notice to FC. FC shall have the right to present testimony and evidence deemed relevant and appropriate by FC. The Council's decision whether or not to revoke the encrOaCh-] ment permit shall be the final administrative decision by the City subject to judicial review. If the Council revokes the encroach- ment permit, CITY shall abandon any property dedicated by FC to CITY for widening of San Ramon Road necessary for the curb cut and right turn bay. Nothing herein shall restrict or impair the right of FC, after any proceeding which shall result in the revocation of permits or abatement of improvements, from subsequent application to CITY and any other governmental entity having jurisdiction over the subject property, for permits to provide for improvements and the exercise of its abutter's rights provided that FC establishes that the dangerous condition has been repaired, remedied, or corrected within the meaning of Government Code §830, et seq. Section 5. Waiver of Compensation. FC, on its own behalf and on behalf of its successors and assigns, hereby waives any claim and all damages to the property described in Exhibit A by reason of the revocation of the encroachment permit, abatement of improvements and/or closure by CITY in the future of access to San Ramon Road from the property described in Exhibit A. Dated: F.C. INVESTMENTS, a California limited partnership DAVID H. MALCOLM Managing General Partner 2 .' Dated: 114\mema\nov92\waiver.ehs , ' CITY OF DUBLIN PETER SNYDER Mayor NOTARIZATION ATTACHED 3 EXHIBIT flAil OF AGREEMENT LEGAL DESCRIPTION REAL PROPERTY in the City of Dub~ County of Alameda, State of California, described as follows: Parcel 2, according to Parcel Map 1810, filed January 15, 1976, Map Book 88, Page 97, Alameda County Records. Excepting from the above described parcel of land all oil, gas, minerals, and other hydrocarbon substances in and under or that may be produced from a depth below 500 feet from the surface of said land without right of entry upon the surface of said land for the purpose of mining, drilling, exploring of extracting such oil, gas, minerals, and other hydrocarbon substances or other use of or rights in or to any portion of the surface of said land to a depth of 500 feet below the surface thereof, as reserved in the Deed from Yolk-McLain Communities, Inc., to Qualified Investment, Inc., dated June 25, 1967, recorded June 27, 1967, Instrument No. A2/60836, Alameda County Records. AP. No. 941-305-23 *..*. _. _.".~."~._"_..~ RECORDING REQUESTED b. F.C. INVESTMENTS, a California limited partnership AND WHEN RECORDED MAIL TO N.m. r;-C. I INVESTMENTS 51,..1 Add,... Clly St.l. L ~ Zip MAIL TAX STATEMENTS TO Nlm. ~ I 51,..1 F.C. INVESTMENTS Addr... Clly 51.1. L ~ Zip SPACE ABOVE THIS LINE FOR RECORDER'S USE- DOCUMENTARY TRANSFER TAX $ _COMPUTED ON FULL VALUE OF PROPERTY CONVEYED, _OR COMPUTED ON FULL VALUE LESS LIENS AND _ENCUMBRANCES REMAINING AT TIME OF SALE. Signature of Declarant or Agent determining tax. Firm Name QUITCLAIM DEED (Escrow No . . . . . . . . . . . . ) Bv this instrument dated. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , for a valuable consideration, THE CITY OF DUBLIN do .~!? . hereby remise, release and forever quitclaim to F.C. INVESTMENTS, a California limited partnership the following described Real Property in the State of California, County of . . . . . .~~.~.F;PA . . . . . . . . . . . . , . . . City of . . . . . . . P.lJ~:r..+N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Any and all abutter's rights of access to San Ramon Road acquired by the State of California by Grant Deed recorded in Alameda County records at Book 7870, Page 73, and by "Relinquishment of Superseded State Highway in the County of Alameda, Road 04-ALA-680-20.4-21.7, Request No. 31393" recorded at Reel 2230, Image 506, Alameda County Records. ................................................. . ................................................. . ST ATE OF CALIFORNIA ALAMEDA 55. COUNTY OF On this day of for said County and State. personally appeared , [9 ,beíore me, the undersigned Notarv Puhllc in élnJ l I en N en o z ê o u.. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person name subscribed to this instrument and acknowledged that \\·hn,c' exccutcd it. ., ~ .. '.-... "" .- ...;",~,::. .~ "QuITc.LA,(f) ~~ CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: May 26, 1992 SUBJECT: Approval of Encroachment Permit - Almond Plaza Driveway on San Ramon Road Report by: Public Works Director Lee Thompson EXHIBITS ATTACHED: 1) 2) 3) Resolution and Encroachment Permit Exhibit "A" Plot plans showing proposed entrance Copy of Deed Restriction RECOMMENDATION: ~~~AdoPt resolution issuing encroachment permit subject to the , Zoning Administrator's approval of PA 92-022. FINANCIAL STATEMENT: The cost of staff time for this project is paid by the applicant. DESCRIPTION: Mr. Ted Urban, a representative for Mr. David Malcolm, owner of Almond Plaza Shopping Center on Regional Street (location of the Sizzler, Payless Shoe Source, and other businesses) has submitted an application for a Conditional Use Permit/Site Development Review (PA 92-022) for a new shopping center entrance off San Ramon Road. There is an existing deed restriction on the property which relinquishes the property owner's rights to access San Ramon Road (see Exhibit 3). The State originally acquired abutter's rights from the property owner a number of years ago. Subsequently, the State relinquished the San Ramon Road right-of-way to the County of Alameda. The City assumed all of the County's rights to the road upon annexation. The City Attorney has advised that, because of the deed restriction, the property owner must obtain an encroachment permit from the City Council in order to obtain driveway access to San Ramon Road. A Zoning Administrator hearing for this project is tentatively scheduled for June 3, 1992. City Council approval of the encroachment permit must be obtained before the Zoning Administrator can act on the application. The encroachment permit approval would be subject to subsequent approval of the Conditional Use Permit/Site Development Review by the Zoning Administrator. Public Works Staff has reviewed the proposed location of the driveway and feels that such access would not adversely affect traffic on San Ramon Road. Because of its proximity to the San Ramon Road/Amador Valley Boulevard intersection, Staff has recommended the new driveway be "in-only." The applicant has concurred with this recommendation. Per the City Attorney, the encroachment permit approval is not assignable and is proposed to be revocable at the desire of the City upon three months' advance written notice. Staff recommends that the City Council adopt the resolution granting an encroachQent permit to Mr. Malcolm, subject to the Zoning Administrator's approval of PA 92-022. a: (corres)\may\agstdwy - - -- - - - -- -- - - - -- - - - --- - - - - - -- -- - --------- - --------- - - - ---- ---- --- - ----- - - -- --- ITEM NO. 8.1 COPIES TO: Mr. Tee: Mr. Dav File: .. . ...-, 'x' ,';'; >,J-,:'",:. ..j '; L ,. ,.. ~~- K . .7r:l