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Home My WebLink About4.08 Abutter'sRightsSnRamonRd JIt. . L " . ." :., ", . CITY CL& File # Dfli]~~- AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 6,1997 SUBJECT: Purchase of Abutter's Rights on San R::tmon Road by See's Candy Shops, Incorporated Report Prepared by: Lee S. Thompson, Public Works Director EXHIBITS ATTACHED: 1) 2) 3) 4) Resolution Quitclaim Deed Letter dated March 19, 1997, from See's Candy Shops, Inc. Location Map RECOMMENDATION: ~ 1) Adopt Resolution approving purchase of access rights to San Ramon Road, subject to approval of the proposed development. Authorize Mayor to execute quitclaim deed. 2) FINANCIAL STATEMENT: See's Candy Shops, Inc., has agreed to pay the sum of$50,000 plus City processing costs for a quitclaim of abutter's rights onto San Ramon Road. DESCRIPTION: The City has been approached by a representative of See's Candy Shops, Inc., concerning the purchase of abutter's rights onto San Ramon Road. The City owns the abutter's rights on San Ramon Road, which precludes any access by abutting properties. See's Candies owns the property at the northeast comer of San Ramon Road and Dublin Blvd. adjacent to the Chevron Station (Exhibit 4) and has entered into an agreement with a developer for the construction of a small retail center at that site. Proposed plans for the retail center include a driveway on Dublin Blvd. to the east of the Chevron Station, and a second driveway onto San Ramon Road for ease of access and circulation. The City recently met with Mr. Herbert K. Cockett, Director of Real Estate for See's Candies, concerning the purchase of abutter's rights from the City Road. In recognition of the enhanced value to this prime commercial location, City Staff has placed a value of, and See's Candies has agreed to pay, the sum of $50,000. See's Candies has also agreed to pay any other costs associated with this transaction. ______~~_________~-----~~--------~-----~--------------_~~________r~_ COPIES TO: Herb Cockett, See's :=andies ITEMNO.~ g:agenmisc\seesd way" doc .... Staff has reviewed the project site plan and has determined at this time that the driveway will not cause a.' -. .- safety hazard to San Ramon Road traffic. Staff is recommending that the sale of the abutter's rights be- subject to the approval of the development so as to maintain some confidence that the access will be used for the project as reviewed. Sale of the abutter's rights will make it possible for this property to have access to San Ramon Road. The City retains its ability in the future, through exe~cise of its police power, to determine that access should be closed, if necessary. - Staff recommends that Council adopt the resolution approving the sale of abutter's rights, and authorize the Mayor to execute the quitclaim deed, to See's Candy Shops, Inc. .-.:.. . . .... Page 2 ,. . .,- ....:- ----"._." RESOLUTION NO. - 97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING PURCHASE AND QUITCLAIM DEED TO SEE'S CANDY SHOPS, INCORPORATED OF ABUTTERS RIGHTS WHEREAS, See's Candy Shops, Incorporated, are owners of the property to the north and east of the Chevron Station at 7007 San Ramon; and WHEREAS, See's Candy Shops, Incorporated, desires to purchase the abutter's rights onto San Ramon Road; and WHEREAS, the City will be compensated for quitclaim of abutter's rights in the amount of $50,000 plus associated costs for processing, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the purchase of said abutter's rights by See's Candy Shops, Incorporated, subject to the City's approval of the project known as "Hunter Properties/Dublin Retail." BE IT FURTHER RESOL VED that the Mayor is authorized to execute the quitclaim deed. PASSED, APPROVED AND ADOPTED this 6th day of May, 1997. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g: agenmisclresosees. doc EX. _~fti.I~f?IT .~ ~~txb lilJ - I. .,..~ Recorded at the request of: . - - """ CITY OF DUBLIN After Recording, return to: CITY OF DUBLIN City Engineer P. O. Box 2340 Dublin CA 94568 Escrow No. .- QUIT CLAIM DEED By this instrument dated , for a valuable consideration, THE CITY OF DUBLIN, as successor to the interests of the State of California and the county of Alameda in the deed references shown herein, does hereby remise, release and forever quitclaim unto SEE'S CANDY SHOPS, INCORPORATED a California corporation, all right, title and interest in and to all that real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Any and all abutter's rights of access in and to San Ramon Road as shown in instruments executed by Qualified Investments, Inc., a California corporation, and Delta One Properties, a limited partnership, recorded on May 13, 1970, in Alameda County records at Reel 2616, Image 7 I 7, and at Reel 2616, Image 720, Official Records, as Instrument No. 70-49697 and Instrument No. 70~49698, and the deed to the State of California recorded on December 8, 1955, in Book 7870 at Page 73, and as shown on filed Parcel Map 3253. . Dated ,19~ STATE OF CALIFORNIA COUNTY OF ) ) SS. ON before me NAME, TITLE OF OFFICER DATE personally appeared, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. . - - (SEAL) NOTARY PUBLIC SIGNATURE ~\...f f:'! f: ~ ~~. ;r~ ~ ~, ~~J~' ;~.,::" ~ i ? Description of Document: ....~.I- ... e. ., .. , 210 EL CAMINO REAL SOUTH SAN FRANCISCO, CA 94080.5998 (415) 761.2490' (415) 583-7307 FAX (415) 875.6825 Direct Dial FAX (415) 225.9430 3423 SOUTH lA CIENEGA BOULEVARD LOS ANGELES, CA 90016 .HOl (310) 559.4911' (213) 870.3761 FAX (213) 870.3084 See's CANDIES ,'1 l" (... _ .)c L:.f"..../_ . --'"- ~ \,0' t. ) KITCHENS AND SHOPS CONVENIENTLY LOCATED South San Francisco March 19, 1997 MAR 2 a 7997 PI !i--'L'C ....;:l, VVOF;'''C; r"\........ VIA FEDERAL EXPRESS Mr. Lee S. Thompson Director of Public Works City of Dublin 100 Civic Plaza Dublin, California 94568 Subject: See's Unimproved Land Parcel containing 52,058 square feet in area surrounding the Chevron Gas Station at the Northeast corner of Dublin Boulevard and San Ramon Road, Dublin, Alameda County, California and further identified as APN: 941-0305-034 Dear Mr. Thompson: Thank you and Mr. Ambrose very much for seeing Mr. Hunter and myself yesterday concerning his proposed development of the subject property as a retail center. We were both pleased to hear of your support for the type of project and tenancies planned at the site by Mr. Hunter. As to the value of the abutter's rights purchase from the City of Dublin for the single 26 foot wide ingress and egress driveway onto San Ramon Road from the development, this is to advise you that we now support the $50,000 purchase price suggested in your letter of February 27, 1997. You were most persuasive in this regard as to that higher value. Ar.cordingly. please proceed with the necessary documentation by the City Attorney evidencing this abutter's rights purchase and its required ratification by the City Council members. 'vVe are prepared to issue a check to the City of Dublin for that $50,000 purchase price upon hearing from you about the matter and any other reimbursable items which need to be considered. Sincerely yours, SEE'S CANDY SHOPS, INCORPORATED h1 ;ockett Director of Real Estate Qo.D@l~~~~ ~ ~Dmh@l\ll~. '0@rm~~(t .$I~ e uq2JMr. Richard C. Ambrose, City Manager, City of Dublin {via Ft Mr. Deke Hunter, Hunter Properties, Inc. {via FAX (408) 996~; Mr. C. N. Huggins, President, See's Candy Shops, Incorporate L,'"'tf'r f'!:r:l; f~ -c ~, t;-,~- ,:. f':~- ii t. p' ~,-",.: i'c " - -, ~ W ll.~. G~~ .: (: 3. - '. ~ ;. ,- :::<.,-:;,.';( /- '7420 AND .~~;:;"/... 7440-7460 7400 7364- 7070 72.72 7234 722. 8 72.2.0 7292. 7290 72.88 7286 72.84 72.82- 72.56 7298 7296 7294 72.\2. & ~GS "\'f\c ~.f~C\,\"\S . ~? p.. (/) J;>o z A pp~~ 1l'f\.KTE l-oc.Pr-qorJ O~ l'RDf'05U> DRIVEWAY \ .... .... \~ 1""! e.\. -.1 ~~ ....1.0 0:::1<.0 <<3 C. 0 -.l-.l-.l-.j-.l~ -.l-.:!tDtO~tDtD~o ~tDa:>tDcpcpa:>(JlO CPtD"'l"NOcn cpl"- 72\6 72.\4 7208 72.12 72.06 72.04 72.0Z 72.00 7196 7\ 92. 7\90 7\86 ;Xl "p ; o z 7\82 7\78 7t76 7\ 72. 7170 7168 "7\66 7164 7\60 7\58 7\56 'O\..\~ \)u ;D o EXHIBIT '1:--; -.1 l.Q