HomeMy WebLinkAbout8.2 AgeementStMichaelInvst CITY CLERK
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 14, 1995 ,-
St. Patrick Way
SUBJECT:
EXHIBITS ATTACHED:
Agreement With St. Michael Investments Regarding Parallel Road
Land Acquisition
Report Prepared by: Lee S. Thompson, Public Works Director
1)
2)
3)
Resolution
Agreement (Exhibit "A" of Resolution)
Location Map
RECOMMENDATION: ~
FINANCIAL STATEMENT:
Adopt resolution approving agreement
The City will incur minimal closing costs associated with this
transaction. Once the closing costs are known, Staff will request
approval of a budget adjustment. The costs will be paid from fees
collected for construction of the Parallel Road. The acquisition of
this property at this time (prior to December 31,1995) will allow the
City to capture BART mitigation fees estimated at $273,000.
DESCRIPTION: The City Council recently approved a Memorandum of
Understanding (MOU) with the BART District which allows the City to i:eceive up to $1 million in traffic
mitigation fees for the impacts of the future West Dublin BART station traffic on Dublin's downtown
streets. This MOU commits BART to pay 24% of the cost of improvements up to $1 million for the
Dublin Boulevard Widening project and for the installation of a road south of and parallel to Dublin
Boulevard ('between Amador Plaza and Regional Street). The amount needed for the Dublin Boulevard
project is approximately $727,000, with the remainder of $273,000 going to the Parallel Road project.
The MOU requires that the projects be implemented by December 31, 1995, as an element of BART's
mitigation monitoring program. BART has defmed "Implementation of Improvements" as the City's
having committed its share of the costs and begun right-of-way acquisition, including the actual
acquisition.
The Dublin Boulevard project is now under construction and has been "implemented." The acquisition of
the St. Michael (Enea) property on the Parallel Road alignment will constitute implementation by the
MOU definition and will lock in BART's commitment for the total mitigation funds.
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COPIES TO:
Robert Enea
ITEM NO.
The St. Michael property acquisition was the subject of a previous lawsuit and settlement in which the
property owner agreed to dedicate the property at the time that the actual improvement project is one
rp >nth from going to bid for construction.
The owners have agreed to advancing the time of the transfer to the City to help the City obtain the
mitigation funds from BART. The attached agreement requires St. Michael Investments to deed the land
to the City. The City will, in mm, allow the improvements on the property to remain and be used by the
shopping center owner until such time as the road is constructed. In the interim, the owner will maintain
the landscaping, driveways, and related improvements on site and be liable for any damages.
Under this agreement, the City would pay all closing costs associated with the right-of-way transaction
and will exempt the properties that are akeady built upon and owned by the Eneas in this center area from
future traffic impact fees. The City is also agreeing to not store or allow a contractor to store, construction
material on the deeded right-of-way.
This agreement, the deed from St. Michael Investments, the Certificate of Compliance for the subdivision
of the parcel, and the encroachment permit will all be placed in an escrow account and be executed prior
to December 31, 1995.
Staff recommends that the City Council adopt the resolution approving the agreement.
Page 2
RESOLUTION NO. - 95
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT WITH ST. MICHAEL INVESTMENTS
REGARDING PARALLEL ROAD LAND ACQUISITION
WHEREAS, in order to obtain mifigaton funds from BART, the City must have complied with
the "Implementation of Improvements" as defined in the Memorandum of Understanding with BART;
and
WHEREAS, acquisition of property for the road parallel to and south of Dublin Boulevard
("Parallel Road") is required to achieve "implementation"; and
WHEREAS, St. Michael Investments has agreed to deed the property to the City acc6rding to the
terms of the Agreement "Exhibit A";
NOW, THEREFORE, BE IT RESOLVED that the City Council approves the agreement with St.
Michael Investments attached hereto as "Exhibit A."
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 14th day of November, 1995.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
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City Clerk
Recording Requested by:
City of Dublin
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94.568
Space above this line for Recorder's Use
AGREEMENT BETWEEN THE CITY OF DUBLIN
AND ST. MICHAEL INVESTMENTS
REGARDING PARALLEL ROAD
THIS AGREEMENT is entered into on October ,1995, by and between the
CITY OF DUBLIN, a municipal corporation (hereafter "City") and ST. MICHAEL
INWESTMENTS, a California general partnership (hereafter "Owner").
Recitals
A. Owner is dte owner of real property located iii die City of Dublin and
i~entified as Assessors Pamcl Ntunber 941-1500-049 ("APN 94 I- 1500-049"). A copy
of the Assessor's map showing the location of APN 94.1,. 1500-049 is attached as Exhibit
B. City's Downto~m Specific Plan identifies the need for a new road parallel to
Dublin Boulevard between/~mclor Plaza Road and Golden Gate D~ive (hereafter
"Parallel Road").
C. Traffic from the proposed West Dublin BART station will contribute to the
need for the Parallel Road.
D. A portion of Owner's property is required for the construction of the-Parallel
Road.
E. City and Owner's predecessor, Enea Plaza, are parties to an agreement dated
December 14, 1987, entitled "City of Dublin Public Dedication Agreement," recorded
March 18, 1988, at 88-067737, wherein Owner agreed to submit an irrevocable offer of
dedication to City for a portion of.Assessor's Parcel Number 941-1500-049 (formerly a
portion of Assessor's Parcel Number 941-1500-040) and City agreed to accept ~ich
oItbr of dedication at the time the Parallel Road "is to be improved," as de£med therein.
F. The City established a right-of-way line for the Parallel Road (Ordinance No.
19-88). Owner obtained a variance (hereafter '"Variance") from City (Zoning
Administrator Resolution No. 91-045, PA 91-045) to allow construction of a 300-
square foot gazebo within the established right-of-way line for the Parallel Road.
G. The Alameda County Transp6rta~ion Authority (hereafter "ACTA") intends
to make improvements to the 1-580fl-680 Interchange which improvements include
hook ramps and a portion of dte Parallel Road. ACTA's project will not be construe[ed
tmtil approxh~mtely $5.6 million i_n '~loca_l contributions" has been obtahxed fir~m local
jm-isclictions.
H. The acquisition of the porti°n of Owner's property needed for the Parallel
Road will help City make a 'local contribution" to thc ACTA project.
NOW, THEREFORE, it is rout,rally agreed as follows:
1. Dedication Agreement.
This agreement shall supersede the "City of Dublin Public Dedication Agreement"
.only as it relates to the method of transfer and the timing of the City of Dublin's right
'to exemise itx right. ~o acquire the right-of-way as referenced in the original agreement
between the parties. The plan line location and the width of the proposed road shall
not be modified by either party as a result of the execution of this agreement.
2
2. Grant Deed.
Owner submits herewith a Grant Deed (hereafter "Grant Deed") to City of a
port/on of Assessor's Parcel Number 94 I-1500-049 as shown on Exhibit B, attached
hereto (hereafter the "Deeded Property"). Owner agrees that City may accept such
Grant Deed at any time. Submission of the Grant Deed to City satisfies the obligations
of Owner's predecessor under the "City of Dublin Public Dedication Agreement." The
purpose of the Grant Deed is to allow for construction of the Parallel Road. ~-;~:
3. Encroachment Permit.
City will issue an encroachment permit to Owner pursuant to Dublin MunicipM
Code Chapter 7.04 to allow for the continued use on the Deeded Property of the
existing uses, which consist of approximately 16,000 square feet of landscaping and
sidewalk, two driveways consisting of approximately 6,000 square feet of pavement and
a gazebo authorized by the Variance. City agrees to waive any permit fees for the
encroactunent permit and to waive the requirement of Dublin Municipal Code section
7.04.210 tha£ Owner provide a bond. The encroachmen[ pemrfi[ will be subiect to the
same conditions of approval as the Variance, whid~ condit_ions shall be revised, as
appropriate, and included in the encaxvadxment pmTnit.
The encroachment permit will terminate when a constz-uction contract is awarded
by ACTA, City, or anothcr public cntity for construct_ion of thc portion of thc Parallcl
Road that will traverse the Deeded Properpy. Until such a construction contract is
awarded, the encroachment permit will remain valid.
Pursuant to Dublin Municipal Code section 7.04.050, Owner will be liable for
any injuries occurring on the Deeded Property until the Encroachment Permit is
terminated.
The encroachment pmmnit, once issued, will supersede the Variance.
4. Maintenance of Deeded Property.
owner shall maintain the Deeded Property (including the gazebo, pavement,
landscaping and ancillary improvements), owner's duty to maintain the Deeded
Property shall termZnate when the Encroachment permit terminates.
3
5. Property Taxes
City will request cancellation of property taxes for the Deeded Property.
Thereafter, City will assist Owner in expediting any refund of previously paid taxes, to
the ex'tent possible.
6. 1-580/I-680 Interchange Project
City will work cooperatively with Owner in discussions with ACTA and Caltrans
regarding design of the hook ramps which are pa~ of the 1-58051-680 project in an
effort, t.o assure that the design (including landscaping of adjacent, areas) of the hook
ramps is attractive and enhances the immediate area of the City where the hook ramps
will be located.
7. Cemi_ficate of Compliance
Cit).~ shall prepare legal descriptions for the two parcels (hereafter" Remainder
Parcels"), as shown on Exhibit C - 1 and Exhibit C-2, whidt will be created followixtg
the conveyance of the Deeded PI'opeil~r. City wilt record a "CeFdficate of Compliance"
pursuant to Govenunent Code section 66499.35 and Dublin Municipal Code section
9.04.050(G) stating that the Remainder Parcels comply grith the Subdivision Map Act
and Chapter 7.04 of thc Dublin Municipal Code. CiD, shall pay all costs associated
with thc recordation of thc Certificate of Compliance and shall waive ally fccs for
issuance of such certificate.
8. Reimbursement for Lender's Costs
City will reimburse Owner for any costs C~mer is requh-ed to pay to its lender in
connection with the release from the lien of the deed of trust for the Deeded Property or
in connection with the substitution of' the Remainder Parcels Ibr the property (APN
9.4.1-1.500-049) which correctly secures the lende~s deed of tn~st.
9. Traffic Impact Fees
City agrees that no traffic impact fees shall be imposed by CiDr for future
development on Assessor's Parcel Numbers 94 i- 1500-038-1, 94-1500-048, 941-1500-
049 and 941-1500-053.
4
10. Storage of Vehicles.
City agrees that it will impose a condition as part of any construction contract for
construction of the Parallel Road which prohibits storage of construction equipment and
materials on the Deeded Property during construction. If City is tmable to impose such
a condition directly, it will take all steps within its power to preclude such storage.
1 I. Recordation ",'-
A copy of this agreement shah be recorded by City with the Alameda County
Recorder.
CITY OF DUBLIN
Dated: By:
ATTEST:
Mayor
City Clerk
Approved as to form:
City Attorney
ST. MICHAEL INVESTMENTS, a California
general partnership
Dated: By:
Robm-c E. Enea, General Partner
5
State of CMifornia )
SS.
County of Alameda )
On
personally appeared
By:
Elizabcth M. Enea, Surviving Trustcc of
Enea Family Trust
before me, a Notary Public,
personally kno~m 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 insmwnent and acknowledged
to me tl~at he/she/they executed the same h~ his/he~/theh' authorized capacity(les), and
that by his/her/their signature (s) on the inst_mment the person(s), or the entity upon
behalf of which thc person(s) acted, executed thc instrumcnt.
WITNESS my hand and official seal.
J:\Wt>D~'elNi~V~I 14~&GI~EE~ENF~.W61
NOTARY PUBLIC
6
2505
D
· 19-006.
ALAMEDA COUNTY
ASSESSOR'S PARCEL BOOK
BOOK 941 PAGE 1500
1.95Ac ~
B.~.R.T.
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~.61Ac.~
E
EXHIBIT A _
IRecorded at the request of:
~ s-rter Recording, return to:
'Y OF DUBLIN
i:- .y Engineer
P. O. Box 2340
Dublin CA 94568
Escrow No.
GRANT DEED
does grant unto the CITY OF DUBLIN
:i.
all right, title and interest in and to all that real property situate in the CiD' of Dublin, County of Alameda, State of California,
described as follows:
as described in Exhibit "A"
Dated ., 19
STATE OF CALIFORNIA )
COUNTY OF ) SS.
ON before me
DATE
NAME, TITLE OF OFFICER
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 aclmowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNrESS my hand and official seal.
Description of Document:
(SEXt)
NOTARY PUBLIC SIGNATURE
This is to certify'that the interest in real property conveyed herein to the City of Dublin, a governmental agency, is hereby accepted by
Richard Ambrose, City Manager, and/or Lee Thompson, City Engineer, on behalf of the Dublin City Council pursuant to authority
conferred by Resolution No. 24-87 of the Dublin City Council, adopted on April I3, 1987, and the grantee consents to the recordation
thereof by its duly authorized officer.
R/CHARD C. AMBROSE, CITY MANAGER
AND/OR LEE THOMPSON, CITY ENGINEER
Dated: By:
EXHIE T
EXHIBIT "A"
Legal Description
(Right of Way Portion of Parcel B)
Real property situate in the City of Dublin, County of Alameda, State of California, described as
follows:
Being a portion of Parcel B as said parcel is shown on Parcel Map 5783 filed in Book 189 at Page
59 in said county described as follows:
Commencing at the northwesterly comer of said parcel; thence along the westerly line of said
parcel S.21°05'47"E.(said bearing being for the purpose of this description), 168.14 feet to the
POINT OF BEGINNING; thence leaving said westerly line N.68°54'13"E., 284.92 feet to a
curve to the left having a radius of 30.00 feet, a delta of 102°06'40"; thence along said curve an
arc length of 53.46 feet to a point of cusp, said point of cusp being on the easterly line of said
parcel and a curve to the right having a radial which bears N.56°47'3Y'E., a radius of 769.95
feet, a delta of 5°05'25"; thence southerly along said easterly line and curve an arc length of
68.40 feet to a curve to the right having a radius of 2519.82 feet, a delta of 1°27'47"; thence along
said curve an arc length of 63.34 feet to a point of cusp being a curve to the left having a radial
which bears N.63°20'45"W., a radius of 30.00 feet, a delta of 84°26'32"; thence leaving said
easterly line and along said curve northerly and northwesterly an arc length of 44.21 feet; thence
S.68°54'13"W., 302.81 feet to the westerly line of said parcel; thence N.21°05'47"W., 67.99 feet
to the point of beginning.
CO/xrI'AINING 0.519 Acres ±
The bearings and distance used in the above description are on the California Coordinate System
of 1983, Zone 3. Multiply the above distances by 1.00007045 to obtain ground level distances.
PRINT DATE October 5, 1995
68rw..DEE
Legal Description
(Northerly Portion of Parcel B)
Real property situate in the City of Dublin, County of Alameda, State of California, described as
follows:
Being a portion of Parcel B as said parcel is shown on Parcel Map 5783 filed in Book 189 at Page
59 in said county described as follows:
Beginning at the northwesterly comer of said parcel; thence along the northerly line of said parcel
the following three courses: 1) N.68°54'13"E.(said bearing being for the purpose of this
description), 113.49 feet; 2) S.21°05'47"E., 64.65 feet; 3) N.68°54'13"E., 183.14 feet to the
easterly line of said parcel and a non-tangent curve to the fight having a radial which bears
N.51°37' 16"E., a radius of 769.95 feet, a delta of5°10' 17"; thence southerly along said curve an
arc length of 69.50 feet to a compound curve having a radius of 30.00 feet, a delta of 102°06'40";
thence along said curve an arc length of 53.46 feet; thence S.68°54'13"W., 284.93 feet to the
o '47"
westerly line of said parcel; thence N.21 05 W., 168.14 feet to the point of beginning.
CONTAINING 0.898 Acres +
The bearings and distance used in the above description are on the California Coordinate System
of 1983, Zone 3. Multiply the above distances by 1.00007045 to obtain ground level distances.
PRINT DATE Ocmb,x 5, 1995
NORTHB.DEE
EXHJBIT
Legal Description
(Southerly Portion of Parcel B)
Real property situate in the City of Dublin, County of Alameda, State of California, described as
follows:
Being a portion of Parcel B as said parcel is shown on Parcel Map 5783 filed in Book 189 at Page
59 in said county described as follows:
Commencing at the northwesterly comer of said parcel; thence along the westerly line of said
parcel S.21 °05'47"E.(said bearing being for the purpose of this description), 236.13 feet to the
POINT OF BEGINNING; thence leaving said westerly line N.68°54'13"E., 302.81 feet curve to
the right having a radius of 30.00 feet, a delta of 84°26'32"; thence along said curve, an arc length
of 44.21 feet to the easterly line of said parcel and a compound curve having a radius of 2519.82
feet, a delta of6°28'11"; thence along said easterly line and curve an arc length of 284.54 feet to
southerly line of said parcel; thence along said southerly line S.68°54' 13"W., 344.19 feet to the
westerly line of said parcel; thence along said westerly line N.21 °05'47"W., 311.25 feet to the
point of beginning.
CONTAINING 2.428 Acres +
The bearings and distance used in the above description are on the California Coordinate System
of 1983, Zone 3. Multiply the above distances by 1.00007045 to obtain ground level distances.
PRl],,rr DA'I~ C)~lol>~r 5, 19~5
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