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Home My WebLink AboutItem 4.08 Vacate EVAE TR6960 C'rTY CLERK File # 0670-40 AGENDA STATEMENT CZTY COUNCZL MEETZNG DATE: September 5, 2000 SUBJECT: Approval. of Summary Vacation for Emergency Vehicle Access Easement (E.V.A.E.) originally dedicated with Tract 6960 (Dublin Ranch Neighborhood L-5) for Lot 114. Report Prepared by: Lee S. ,Thompson, Public Works Director ATTACHMENTS: 1) Resolution Approving Summary Vacation of E.V.A.E. 2) Quit Claim Deed with Exhibit "A" attached. RECOMMENDATION:/~Adopt resolution Approving Summary Vacation of E.V.A.E. FINANCIAL STATEMENT: No financial impact to the City will result from the recommended action. DESCRIPTION: The subject E.V.A.E. was created by Tract 6960 (Dublin Ranch Neighborhood L-5J at the request of the Fire Marshal to provide a second point of access to the tract for emergency vehicles. This second point of access extended from the western terminus of Hartlad Lane to Antone Way across Lot 114. Lot 114 was a 16.325 acre remainder parcel that has been subsequently subdivided into residential lots as Tract 6959 (Dublin Ranch Neighborhood L~4). As a result of Tract 6959, a network of public streets has been created between Hartland Lane and Antone Way which are adequate for emergency vehicle access. Because the subject E.V.A.E is not a major arterial, it is not discussed in the City' s General Plan. Therefore, its abandonment is not inconsistent with the City' s General Plan. The subject E.V.A.E. is therefore no longer necessary, and is thus being abandoned via this summary vacation process. Staff recommends that the City Council adopt the Resolution approving the E.V.A.E. Summary Vacation. COPIES TO: Charlie Shea, MSSH Dublin Development, LLC, a Delaware limited liability company ITEM NO. 41 ~ \XDUBLINFS2XPVvXDEVELOPXDublin KanchXL4-SheaXagst evae abandon_822.doc RESOLUTION NO. - O0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN SUMMARILY VACATING AN EMERGENCY VEHICLE ACCESS EASEMENT LOCATED ON LOT 114 OF TRACT 6960 (STREETS AND HIGHWAYS CODE CHAPTER 4) WHEREAS, the 20 foot wide Emergency Vehicle Access Easement (E.V.A.E.) proposed to be vacated, as described as "TO BE ABANDONED" on Exhibit "A" attached hereto, has been determined to be no longer necessary; and WHEREAS, the 20 foot wide E.V.A.E. proposed to be vacated, as described as "TO BE. ABANDONED" on Exhibit "A" attached hereto, does not contain existing utilities or services; and WHEREAS, a network of public streets was dedicated with Tract 6959 recorded on June 2, 2000 in Book 251 of Maps at pages 39-43 (Series No. 20000167318) which supercedes the necessity of this E.V.A.E.; and WHEREAS, after donsidering the City's General Plan, the City Council finds that the General Plan does not apply to this E.V.A.E and therefore this E.V.A.E. is not inconsistent therewith; and WHEREAS, it is to the benefit of the City to vacate said E.V.A.E. as provided in Chapter 4 of the Streets and Highways Code. NOW, THEREFORE, BE IT RESOLVED that the existing 20 foot wide E.V.A.E. which is located on Lot 114 of Tract 6960, and is more particularly described on the Quit Claim Deed and Exhibit "A" attached hereto, is no longer necessary, and is hereby vacated. BE IT FURTHER RESOLVED that the City Council hereby directs and authorizes the Mayor to execute the Quit Claim Deed. BE IT FURTHER RESOLVED that the City Clerk is directed to forward the executed Quitclaim Deed along with a certified copy of this Resolution to the County Recorder for recording. PASSED, APPROVED AND ADOPTED this 5th day of September, 2000. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk · ATTACHME'NT I _ _ .~ECORDING REQUESTED BY First American Title Guaranty Company Order No. 596961 Escrow No. 596961 WHEN RECORDED MAIL TO: MSSH Dublin Development 25 Metro Drive, Suite 300 San Jose, CA 95110 MAIL TAX STATEMENTS TO: SAME AS ABOVE SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): CITY TRANSFER TAX $ DOCUMENTARY TRANSFER TAX $consideretion less than $100 SURVEY MONUMENT FEE $ Computed .on the consideration or value of property conveyed; OR Computed ~ the consideratio~ or value less liens or encumbrances remaining at time of sale. EASEMENT QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF DUBLIN, a municipal corporation do hereby REMISE, RELEASE AND FOREVER QUITCLAIM t~ MSSH DUBLIN DEVELOPMENT, LLC, a Delaware limited liability company, and/or its successors and assigns the real property in the City of County of Dublin Alameda , State of California, described as FOR LEGAL DESCRIPTION, SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Dated: } STATE OF CALIFORNIA }ss. City of Dublin COUNTY OF On before me, , persorely 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 his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the i~i~f~i~t. WITNESS my hand and official seal, Signature By: Guy S. Housto~ Title: Mayor '; TTACHMENT___ QCDBLK. DOC (Rev 6/94) {This area for official notartai seal) EXHIBIT "A' PAGE 1 OF 2 19104-1 7/27/2000 F.C.I. ABANDONMENT OF 20' EMERGENCY VEHICLE ACCESS EASEMENT BEING OVER AND ACROSS A PORTION OF THAT CERTAIN PARCEL OF LAND KNOWN AS: LOT "114" AS SHOWN UPON THAT CERTAIN FINAL MAP ENTITLED: "TRACT 6960' AS FILED ON THE 7TM DAY OF APRIL, 1999 IN BOOK 242 OF MAPS AT PAGES 85 TO 95, ALAMEDA COUNTY RECORDS, CALIFORNIA, [SAID LOT "114' AS RESUBDIVIDED IN "TRACT 6959' AS FILED ON THE 2~ DAY OF JUNE, 2000 IN BOOK 251 OF MAPS AT PAGES 39 TO 43, ALAMEDA COUN2~ RECORDS, CALIFORNIA] FOR PUI'~OSES OF AN ABANDONMENT OF ALL OF THE TWENTY (209 I~EET EMERGENCY VEHICLE ACCESS EASEMENT (E.V.A.E.) AS SHOWN UPON SAID TRACT 6960, LYING AND BEING IN THE CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF SAID' 20.00 FEET EMERGENCY VEHICLE ACCESS EASEMENT (E.V.A.E.) AS SHOWN UPON SAID MAP OVER AND ACROSS SAID LOT "114' 'AS: "20' E.V.A.E.' [ALSO SHOWN ON SAID TRACT 6959 AS AN EXISTING 20.00' E.V,A.E.]. OVER AND ACROSS A PORTION OF: ASSESSOR'S PARCEL NUMBER 985-0008-04. · END OF DESCRIPTION PREP D B · D C. INGALLS, SED PROFESSIONAL LAND SURVEYOR NO. 5859 -(E.XP--,4243-1./.2000) .......................... STATE OF CALIFORNIA IBAQ.KAY&SOmPS CML ENGINEERING* LAND PLANNING, LAND SURVEYING 5142 Franklin DrIve Suite B, Pleasanton, CA. 94588-3355 (925) 225-0690 P:Megals\I6034\6925\evae-aband.doc SEE SHEET !10 s~['r N2(rO7'31'E ,B,4~r TP~cT ~9~5 I M ~ARCE:L 'W N2~,42.&cJ'E t6832' N21e24'2~'W 26,93' ( ,) PARCEL SEE SHEET 11 TI~C'I' 6925 FARCELi'0' 241 M. 39-52 RESULTANT PARCEL (i LOT LINE N0. L-97-5 BERIESi NO 98-003938 126.88' 9'49'42' L=116.~' PARCEL "B" 5.000 AC. LEGEND @ SET CI1Y OF DUBLIN STAN(:)~RO STREET MGNBMEHT W/LS 5412 ~ FOUND .4LAMEDA COUNIY STANDARD .STRE~ MONUMENT · SEE SHEET 4 ~( c~Y OF DUBUN STANDARD STREET MONUMENT OF RECORD PER 'IRACT 6925 W/LS 5412. [ 6 I 5 I 1,3 I · FOUND 1' I.P. W/L$#4233 PER (RTI) UNLESS NOTED DInERWISE 7 4 1 ' ; 44 ~ ,..LE .o~NT I;T s ,N, L~ :g'05'00'E .Iq2.99' M-M MONUMENT TO MONIJMENT I PSE PUBLIC SERV/CE EASEMENT 8,1'.~9'4~w 72, I u') 5DE STORM DRAJN EASEMENT F--. ~ l_ LUE LANDSC~E MAINTENANCE EASEMENT I..d EVAE EMERGENCY VEHICLE: ACCESS EASEMEt, IT 74.29' t.t PAE PUBLIC ACCESS EASEMENT ~ ~ 48 ~ ------ ~Nomr UNE PSE I , U1 -- LOT LINE ~ 49 MONuMENt UNE PARCEL "A" .-... I -- -- -- ADJACENT PROPERTY LINE t 50 ( ) TIE OIST~}ICE FROM 9.982 AC. L-,5,.3~. N27qB'0¢E 35.36' BNDY.__ OETNL 'E' NT?49'OCE li SHEEl' 6 DET~L 'C' (X. 8' I~ SEE SHE~ FOR DET~L 0F ~7'4~, P~CELS'L' PARCEL" ' ' "' ~'~' ~ ~ ~ Fi~D IN HOOK Z41 OF MAPS, AT PAG~ 39-5R & OF RESULT~T ~0 / AND A POTION OF S~!ONS ~6, 33 k ~, TO~SBIP ~ SO~g, , -,ao.,r b 0 N ~ CITY OF DUBLIN ~, . ~D , 61 A~MEDA COUNTY, CALIFORNIA ,7~28.4r~Z ~ 62 MARCH. 1999