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HomeMy WebLinkAboutItem 4.02 Santa Rita Storm Drain Easement CITY CLERK File # 670-40 AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 4, 2003 SUBJECT: Approval of Summary Vacation for Storm Drain Easement (S.D.E.) Encumbering Parcel 2 of Tract 7714 (Santa Rita Property) and Acceptance of Replacement Easement Report Prepared by: Lee $. Thompson, Public V~orks Director ATTACHMENTS: 1) Resolution 2) Easement Quitclaim Deed - City of Dublin to Alameda County Surplus Property Authority (ACSPA) 3) Grant of Easement - Alameda County Surplus Property Authority to City of Dublin 4) Location Map RECOMMENDATION: ~ _ ~ Adopt Resolution Approving Summary Vacation of Storm Drain ~ //~~ Easement and Accepting Replacement Storm Drain Easement FINANCIAL STATEMENT: No financial impact to the City will result from the recommended action. DESCRIPTION: The subject Storm Drain Easement was originally reserved or dedicated on the Final Map for Santa Rita Property, Parcel Map 7714. This Storm Drain Easement was intendedto allow construction and maintenance of a storm drain between Interstate 580 and Digital Drive. After examining the location of the storm drain easement in relationship to Parcel 2, the ACSPA determined that moving the easement location to the west would be appropriate in order to better utilize the land area of Parcel 2. The S.D.E. #1 was redesigned and moved to follow the east side of Arnold Road from Interstate 580 to Digital Drive. Because no public improvements have been installed in the easement area, Staffhas determined that this easement can be summarily vacated and replaced. The ACSPA has dedicated an alternate replacement storm drain easement over the revised storm drain alignment. The remainder of the easements within Parcel Map 7714 will remain in full force and effect for the original purpose for which they were dedicated. The ACSPA has prepared the required Easement Quitclaim Deed for execution by the Mayor to memorialize this Summary Vacation. Staff recommends that the City Council adopt the Resolution summarily vacating the Storm Drain Easement that encumbers Parcel 2 of Parcel Map 7714 and accepting the replacement Storm Drain Easement. COPIES TO: Stuart Cook, ACSPA ITEM NO. _~~ G:\DEVELOP\COLrNTY~agst sde abandon PM 7714.doc /~i ? A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN SUMMARILY VACATING STORM DRAIN EASEMENT ENCUMBERING PARCEL 2 OF PARCEL MAP 7714 AND ACCEPTING GRANT OF REPLACEMENT EASEMENT (STREETS AND HIGHWAYS CODE CHAPTER 4) WHEREAS, a 20'-wide Storm Drain Easement (S.D.E.) was dedicated on Final Parcel Map 7714 (Book 260 of Maps, at Pages 30-33) across Parcel 2 and subsequently accepted by the City on June 5, 2001; and WHEREAS, no public improvements have been installed within the easement area; and WHEREAS, after considering the City's Eastern Dublin General Plan/Specific Plan Amendment processed for the Santa Rita Property, the City Council finds that modifying the easement to better utilize Parcel 2 is not inconsistent with the Eastern Dublin Specific Plan requirements, and this easement abandonment is therefore not inconsistent therewith; and WHEREAS, a replacement 20'-wide easement has been granted over Parcel Map 7714, Santa Rita Property, by the Alameda County Surplus Property Authority in a manner consistent with the Tentative Map for said tract approved by the Planning Commission as Resolution No. 01-02; and WHEREAS, it is to the benefit of the City to vacate said easement as provided in Chapter 4 of the Streets and Highways Code; NOW, THEREFORE, BE IT RESOLVED that the 20'-wide Storm Drain Easement (S.D.E.) across Parcel 2 of Parcel Map 7714, as more particularly described on the Easement Quitclaim Deed attached hereto, is no longer necessary, and is hereby summarily vacated, while the remaining S.D.E.'s within said Parcel Map 7714 remain in full force and effect. BE IT FURTHER RESOLVED that the City Council accepts the grant of a replacement easement over Parcel 2 dedicated to the Alameda County Surplus Property Authority. BE IT FURTHER RESOLVED that the City Council hereby directs and authorizes the Mayor to execute the Easement Quitclaim Deed and the Grant of Easement. BE IT FURTHER RESOLVED that the City Clerk shall assure that the executed Easement Quitclaim Deed and Grant of Easement, along with a certified copy of this Resolution attached, is transmitted to the County Recorder for recording. PASSED, APPROVED AND ADOPTED this 4th day of February, 2003. AYE S: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk Recording requested by and when recorded mail to: Surplus Property Authorty of Alameda County Attn: Pat Cashman 224 W. Winton Avenue, Room 110 Hayward, CA 94544-6374 SPACE ABOVE THIS LINE FOR RECORDER'S USE. Quitclaim Deed FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF DUBLIN, a Municipal Corporation and Governmental Agency, hereby ("Grantor") REMISES, RELEASES AND FOREVER QUITCLAIMS to THE SURPLUS PROPERTY AUTHORITY OF ALAMEDA COUNTY, a Surplus ProPerty Authority created under the Municipal Federal Surplus Property Authority Law, Cal Government Code SS40500, its successors and assigns, hereby ("Grantee"), the following described easement for storm drain purposes in the City of Dublin, County of Alameda, State of California: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. By: Printed Name: Title: Dated: STATE OF CALIFORNIA COUNTY OF On before me, a Notary Public in and for said County and State, 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 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. WITNESS my hand and official seal. Signature Name (typed or printed), Notary Public in and for said County and State. (seal) B k [ August 12, 2002 BKF Project No. 940158-14-04 ENGIN EERS QUITCLAIM DESCRIPTION STORM DRAIN EASEMENT SURVEYORS PLANNERS All that certain real property situate in the City of Dublin, County of Alameda, State of California and described as follows: ALL of Storm Drain Easement #1 (SDE #1) as said easement is shown on Sheet 4 of 4 of that certain map entitled "PARCEL MAP 7714", filed August 1, 2002, in Book 260 of Parcel Maps at Pages 30 through 33, inclusive, in the Office of the Recorder of Alameda County, being more particularly described as follows: BEGINNING at the southeasterly comer of said Storm Drain Easement #1 at a point distance North 88048' 14" West 23.60 feet from the northeasterly comer of Storm Drain Easement #3 (SDE #3) as shown on said map (260 PM 30); THENCE along the perimeter of said Storm Drain Easement #1 the following 12 (twelve) courses: 1) North 88°48'14'' West 36.40; 2) South 01011'46'' West 4.56 feet; 3) North 33°36'11'' West 99.28 feet; 4) North 01023'35'' East 34.87 feet; 5) South 33°36'11'' East 128.87 feet; 6) North 28024'42'' East 236.85 fe~t; 7) North 23°25'06' East 209.34 feet; 8) North 01043'54'' East 437.56; 9) South 89°56'41'' East 20.01 feet; 10) South 01043'54'' West 441.98 feet; 11) South 23025'06'' West 214.04 feet; 12) South 28024'42'' West 234.19 feet to the POINT OF BEGINNING. Containing an area of 20,092 square feet, more or less. A plat showing the above described easement is attached hereto and made a part hereof as Exhibit "B'. This de__for BK_F Engineers. By: Barry T. Williams P.L.S. No. 6711 License expires: 06/30/04 Dated: k:\sur94\940158.50\descriptions\pm7714-sdqc.doc Exhibit "A" Page 1 of 1  ~ 1" = 150' · 0 E[ ~ ..-t z z ~J ~ o ~ oo- ~ ~ ARNOLD ROAD (FORMERLY OXSEN RO~D AND SEBILLE ROAD) ~oo a I ~ ~ N 01o43'54" ~ 437.56' oob~ o I Recording requested by and when recorded mail to: :: City of Dublin Attn: City Clerk 100 Civic Plaza Dublin, Ca. 94568 SPACEABOVE THIS LINE FOR RECORDER'S USE Grant of Easement FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. THE SURPLUS PROPERTY AUTHORITY OF ALAMEDA COUNTY, a Surplus Property Authority created Under the Municipal Federal Surplus Property Authority Law, Cai Government Code SS40500 hereby ("Grantor") GRANTS to the CITY OF DUBLIN, a Municipal Corporation and Governmental Agency ("Grantee"), the following described easement for storm drain purposes in the City of Dublin, County of Alameda, State of California: SEE EXHIBIT "A" ATTACHED HERETO AND ~MADE A PART HEREOF. By: ~d~l~h Martinelli, M~anager Dated: ~/~//Z~ff~' STATE OF CALIFORNIA COUNTY OF ~ \ ¢X 'c~.,~cl On ~e~k. \q \ ~©O ¢ before me, L.c[.vvo- Pcc:,~~t a Not~y Public in ~d for said County ~d State, personally appe~ed ~&o t? ¢ Mc; ¢ ?'~ ~ e ~ k'~ personally ~o~ to me (Or proved to me on the basis of satisfactow evidence) to be ~e person(s) whose nme(s) is/are subscribed to ~e Mt~n instrument and ac~owledged to me that he/she/they executed the s~e in his&er/their au~orized capaciW(ies) and by his&er/their si~at~e(s) on the ins~ent the person(s), or the entiW upon behalf0f which ~e person(s) acted, executed the ~s~ment. ~ ~ LAURA PRATT WI~ESS my h~d ~d offici~ seal. - ~~~ C0mm. ~ 1228303 Silage ~d~ ,~'~ ~lmeda C0unty ~ ~My Comm. ~xgires July 10, 2003 N~e (~ped or printed), Not~ Public in ad for saa Co W and Stat~. (sea) 3~ BKF August 12, 2002 BKF Project No. 940158-14-04 ~ N G~N a E RS EASEMENT DES CRIPTION STORM DRAIN EASEMENT SURVEYORS PLANNERS All that certain real property situate in the City of Dublin, County of Alameda, State of California and described as follows: BEING a portion of Parcel 2 as said parcel is shown on that certain map entitled "PARCEL MAP 7714", filed August 1, 2002, in Book 260 of Parcel Maps at Pages 30 through 33, inclusive, in the Office of the Recorder of Alameda County, said portion being more particularly described as follows: COMMENCING at the northeasterly corner of Storm Drain Easement #3 (SDE #3) as shown on said map (260 PM 30); THENCE westerly along the northerly line of said Storm Drain Easement #3 North 88°48'14'' West 21.58 feet to the POINT OF BEGINNING; THENCE along said northerly line North 88°48'14'' West 38.42 feet to the northwesterly corner of said Storm Drain Easement.#3; THENCE along the westerly line of said Storm Drain Easement #3 South .01011'46" West 4.71 feet; THENCE leaving said westerly line North 33°36'11'' West 99.28 feet to the easterly fight of way line of Arnold Road (fight of way varies) as shown on said map (260 PM 30); THENCE northerly along said easterly fight of way line North 01°23'35'' East' 34.87 feet; THENCE leaving said easterly right of way line South 33°36'11" East 49.74 feet; THENCE North 00°07'13'' East 450.31 feet to the southerly prolongation of said easterly fight of way line; THENCE along said southerly prolongation and said easterly fight of way line North 03033'24'' East 278.45 feet; THENCE leaving said easterly fight of way line North 13°09'06" East 38.51 feet to the southerly fight of way line of Digital Drive (fight of way varies) as shown on said map (260 PM 30); THENCE easterly along said southerly fight of way line the following two (2) courses: 1) North 46°33'45" East 14.41 feet; 2) South 88016'05" East 12.31 feet; THENCE leaving said southerly fight of way line South 13°09'06'' West 51.30 feet; THENCE South 03033'24'' West 276.17 feet; THENCE South 00°07'13'' West 454.02 feet; THENCE South 33°36'11'' East 81.48 feet to the POINT OF BEGINNING. Containing an area of 19,048 square feet, more or less. A plat showing the above described easement is attached hereto and made a part hereof as Exhibit "B". This descripti~pared for BKF Engineers. ~~~ams P.L.S, No. 6711 License expires: 06/30/04 Dated: k:\sur94\940158.50\descriptions\pm7714-sd.doc Exhibit "A" Page 1 of 1 l PARCEL ~ PARCEL MAP 7714.  ' 260 PM 30. ~ 46°55'45" E 14.41' ___ DIGITAL DRIVE N 13°09'06'' uJ 88~16'05'' E 12.31'  38.51' I S 13°09'06'' W~ ! '~ 51.30' I I I PARCEL 2 _PARCEL 4 ~/ PARCEL .PARCEL ~P 7'395 [' 260 PM 254 PM 28 STORM DRAIN EASEMENT ~ / / 19,048 SFI 20' / /'~ TO BE // N 00~07'15" ~ / / QUITCLAIMED 450.51' - I / / / GRAPHIC SCALE // N 01~23'35' E- I / / 34.87' 1" E ( ~ FEET ) // 81.48' 1 ~oh = 150 feet ~ 1.58' / SDE ~2 N 33°36'11~ W~ TO P.O.B. ~260 PM 30 · 99.z ' 'ZZZZZ2 ............ ~.71' ~ N 88°48'14" 38.42' 2.60 PM 30 HIGHWAY ROUTE 580 EXHIBIT "B" CITY, OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA Subject PLAT TO ACCOMPANY 2737 North Main Street STORM DRAIN EASEMENT DESCRIPTION Suite 200 Walnut. Creek, CA 9¢596 dob No. 940158-14-0¢ 510/9¢O-2200 By MLM Oa~e 08/12/02 Chkd. BTW .. 510/940-2299 (FAX) SHEET 1 0F t C~P~$ ~.BART CITY OF STATIO~ FLEASANfON A VICINITY': MAP NOT TO SCALE