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Home My WebLink AboutItem 4.08 SaleSurplusRealProper CITY CLERK File # D[G;]EZJ[ð]-~Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 1, 2005 SUBJECT: Sale of Surplus Real Property Along San Ramon Road Report Prepared by: Melin'a Morton, Public Worb Director ATTACHMENTS: Agreement, together with Exhibit "A", Quitclaim Deed RECOMMENDATION: ~) l 2) 3) Find that the subject parcel ofland is surplus real property Approve the Agreement of Sale and Authorize the Mayor to sign the Quit Claim Deed ~ FINANCIAL STATEMENT: The subject parcel of land has been appraised at $10 per square foot, which translates to $49,920 tor the 4,992 square feet of land. DESCRIPTION: The owner of the property at 7370 San Ramon Road (Sleep Shop) is proposing to expand the existing building on that site. To obtain enough parking for the expansion, the owner has requested to purchase from the City a parcel of land along the west side of San Ramon Road. The subject land was originally purchased by the State of California for a proposed upgrade of what was, at that time, a State Highway (San Ramon Road). Interstate 680 was subsequently built to the east of this location, and the State Highway was relinquished to Alameda County for a County road, and then passed on to the City of Dublin upon incorporation in 1982. San Ramon Road is presently constructed to its proposed ultimate width through this segment of the roadway, and the additional land originally proposed for the State Highway widening is no longer necessary for public street purposes. A Condition of Approva1 for the expanded retail use on the adjacent Sleep Shop property requires that tl1e property owner, Mr. Michael Perkins, acquire land from the City in order to enlarge the parking area. The su~jeet City surplus parcel is restricted for building due to the Calaveras Fault, which runs through this parcel, and to the northerly 28 feet being reserved as a roadway easement for adjacent properties. Chapter 2.38 of the City's Municipal Code outlines requirements for this process. Since the parcel has a value over $5,000, the City Council must approve the Agreement of Sale. If a parcel is an "un.economie ------------------------------------~----------------------------------------------------~---~--------------- COPIES TO: Michael Perkins, Sleep Shop Page 1 of2 ITEMNO.~ G:IDEVELOPISlcep Shoplagsj sale ofland SR Road,doc remnant" (not buildable by itself), the Municipal Code allows the City Manager to negotiate a sale price with the adjoining property owner without advertising for bids. These criteria exist in this case, and the negotiated price has been established at $10 per square foot, based upon an appraisal. State law requires cities to offer surplus land to certain public entities before selling it. However, the land in question is exempt from these requirements because it is less than 5,000 square feet and is an "uneconomic remnant." (Government Code section 54221 (e)). Staff recommends that the City Council find that the subject parcel is surplus real property, approve the Agreement of Sale, and authorize the Mayor to sign the Quit Claim Deed. Page 2 of2 - \ Db':> AGREEMENT REGARDING SALE OF SURPLUS REAL PROPERTY THIS AGREEMENT is entered into this 1st day of November, 2005, by and between the City of Dublin, a municipal corporation ("Dublin"), and Michael and Alexandra Matteucci Perkins, as Trustees of the Perkins Family Trust, dated February 14, 2003 ("Owners"). RECITALS Michael and Alexandra Matteucci Perkins, as Trustees of the Perkins Family Trust, dated February 14, 2003, are owners of a parcel of land fronting San Ramon Road in the City of Dublin, designated as Alameda County Assessor's Parcel Number 941-0040~002-17, and A. Owners are proposing to expand the building on the subject property and are in need of additional parking. B. City owns property along San Ramon Road fronting the subject parcel, which is described in Exhibit A and is referred to as the "ParceL" C. Owners have received the approval of the City to expand the use and parking subject to the acquisition of a parcel of City's surplus land. D. In the sale of the Parcel, the City Council of the City of Dublin must make the finding that the Parcel is surplus real property and approve the "Agreement of Sale." E. An appraisal of the Parcel has been made, resulting in a value of $10 per square foot, or $49,920 for the Parcel. NOW, THEREFORE, in consideration of the mutual promises herein, the parties agree as follows: 1. City will quitclaim the Parcel to Owners at the appraised value of $10 per square foot. The form of the quitclaim deed is attached to this Agreement as Exhibit A. 2. Owners will pay $49,920 to City for the Parcel. 3. City will deliver a Quitclaim Deed for the Parcel to Owners upon receipt of a cashier's check or certified check from Owners in the amount of $49,920 for the sale (a) of the Parcel, and (b) all costs associated with the transfer of the Parcel, as identified in Dublin Municipal Code § 2.38.060. 4. Upon receipt of the Quitclaim Deed, Owners shall process and record a merger of the Parcel to the adjacent parcel (Assessor's Parcel Number 941-0040-002-17). G;\~EVELOP\S~p ShoplAGREEMENT Surpl" Property to Perkins.doc November 1, 2005 Page 1 of 2 11-1-0'5" ...1- I t::..M L, '3 Agreement - Sale of Surplus Property between Cily of Dublin and Michael Perkins and Alexandra Matteucci Perkins - LObb CITY OF DUBLIN ::¡w ~ Michael Perkins, Trustee of the Perkins Family Trust, dated February 14, 2003 By: Janet Lockhart, Mayor Dated: Dated: 41, /OJ I B~tee Of the Perkins Family Tru¡;t, dated February 14, 2003 Dated: ef frþs Agreement - Sale of Surplus Property between City of Dublin and Michael Perkins and Alexandra Matteucci Perkins G:IOEVELOPISleepShopIAGREEMENT Surplus Property to Porkins.doc £qp~ 1 1 ~R, ?005 Page 2 of 2 November 1, 2005 EXHffiIT "A" TO THE AGREEMENT 3°b5 Recorded at the request of: Mr. Michael Perkins After Recording, return to: Mr. Michael Perkins 17467 Almond Road Castro Valley, CA 94546 Assessor's Parcel Number: 941-040-002-17 QUIT CLAIM DEED By this instrument dated , 2005, for a valuable eonsideration, THE CITY OF DUBLIN does hereby remise, release and forever quitclaim unto MICHAEL PERKINS and ALEXANDRA MATTEUCCI PERKINS, TRUSTEES of the Perkins Family Trust, dated February 14, 2003 all right, title and interest in and to all tbat real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Parcel "A," reserving theretrom Pareel "8," a 28-foot Roadway Easement, and reserving thereftom Parcel "C," a 4.I6-foot Public Utility Easement AS DESCRIBED IN EXHIBIT A Dated ,2005 By: - --. Janet Lockhart, Mayor, City of Dublin ..-.- .. ....---. ~ r5b5' LEGAL DESCRIPTION (TRANSFER AREA) REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF PARCEL 1 AS SHOWN ON PARCEL MAP 928, FILED JUNE 30, 1972, IN BOOK 76 OF MAPS, AT PAGE 4, ALAMEDA COUNTY RECORDS, ALSO BEING A PORTION OF THAT PARCEL OF LAND DESCRIBED IN THE DEED TO THE COUNTY OF ALAMEDA, RECORDED OCTOBER 27, 1972, ON REEL 3264, AT IMAGES 140-143, SERIES 72-146837, ALAMEDA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A COMMENCING AT THE NORTHEASTERN CORNER OF. SAID PARCEL 1; THENCE EASTERLY ALONG THE EASTERLY PROJECTION OF THE NORTHERN LINE OF SAID PARCEL 1 TO A POINT ON A LINE PARALLEL WITH AND 4.16 FEET EASTERLY OF THE EASTERN LINE OF SAID PARCEL 1, SAID POINT BEING THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE ALONG SAID PARALLEL LINE SOUTH 10020'51" EAST 80.00 FEET TO THE NORTHERN LINE OF THE REAL PROPERTY DESCRIBED IN THE DEED TO PERKINS RECORDED SEPTEMBER 30,1997. SERIES 97-255496; THENCE ALONG LAST SAID NORTHERN LINE, SOUTH 79°39'09' WEST 89.16 FEET TO THE WESTERN LINE OF SAID DEED TO COUNTY OF ALAMEDA; THENCE NORTHEASTERLY ALONG SAID WESTERN LINE ON A NON TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 162.00 FEET, THE RADIUS POINT OF WHICH BEARS SOUTH 73°51 '38" EAST, , THROUGH A CENTRAL ANGLE OF 13°19'20" AND ARC LENGTH OF 37.67 FEET TO A POINT OF REVERSE CURVATURE AND NORTHEASTERLY ON A CURVE TO THE LEFT, WITH A RADIUS OF 278.00 FEET, THROUGH A CENTRAL ANGLE OF 12°03'18", AN ARC LENGTH OF 58.49 TO THE NORTHERN LINE OF SAID PARCEL 1; THENCE ALONG LAST SAID NORTHERN LINE NORTH 79°39'09" EAST 36.14 FEET TO THE TRUE POINT OF BEGINNING. PARCEL C CONTAINING 4,991.7 SQUARE FEET MORE OR LESS PARCEL B AN EASEMENT FOR ROADWAY PURPOSES, DESCRIBED AS FOLLOWS: THE NORTHERN 28.00 FEET OF THE ABOVE DESCRIBED PARCEL A. AN EASEMENT FOR PUBLIC UTILITY PURPOSES, DESCRIBED AS FOLLOWS: THE EASTERN 4.16 FEET OF THE ABOVE DESCRIBED PARCEL A. 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