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Home My WebLink AboutItem 4.11 DubBlWidROWSandelman CITY CLERK File # E0 o ®- �j o AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 5, 2002 SUBJECT: Approval of Right-of-Way Contract for the Dublin Boulevard Widening Project from Village Parkway to Sierra Court/Civic Plaza (6465 Clark Avenue—Sandelman Property) Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: Right-of-Way Contract Specimen for the Sandelman parcel RECOMMENDATION: 1) Approve the purchase of real property located at 6465 Clark Avenue 2) Authorize the City Manager to sign the Right-of-Way Contract for the Sandelman parcel and issue a check in the amount of$145,800 payable to American Title Company for deposit into escrow. FINANCIAL STATEMENT: This right-of-way contract, if approved, would authorize the payment of$145,800 for the purchase of one parcel, together with a temporary construction easement, needed for the Dublin Boulevard Widening project. The budget for the purchase of 10 parcels needed for the widening project is $445,000 and there are adequate funds to purchase this parcel, as well as for the 9 other required parcels. The cost of the land acquisitions is being funded with State Transportation Improvement Program funds and Alameda County Congestion Management Agency Transportation Improvement Program funds. DESCRIPTION: On December 18, 2001,the City Council adopted a Resolution of Necessity condemning the real property located at 6465 Clark Avenue owned by Sanford Sandelman, Trustee, and Susan Sandelman, Successor Trustee, for the Dublin Boulevard Widening project between Village Parkway and Sierra Court/Civic Plaza. This property is located at the southeast corner of Clark Avenue and Dublin Boulevard and is currently leased by a food processing laboratory. After further discussions between the City right-of-way consultant and counsel representing the owners, the property owners agreed to execute the Right-of-Way contract and have subsequently sent a photocopy specimen of the signed contract to the City. The signed copy of the Right-of-Way contract will be forwarded to the escrow company once the City has approved the contract and the check has been deposited into escrow. COPIES TO: Larry Castellanos,ARWS ITEM NO. 44. 11 —sierra\Agst Purchase Agmt Approval Sandelman Parcel.doc • The market value of the property to be acquired is $145,800 based on an appraisal prepared by the consultant and approved by the City. The amount includes payment for the fee title,temporary construction easement, and the value of improvements on the property that will have to be removed in order to widen the roadway. The property owners have agreed to convey to Dublin fee simple ownership of the needed parcel for the amount of$145,800,the same amount as the appraised value of the property. Staff recommends that the Council approve the purchase of the real property located at 6465 Clark Avenue in the amount of$145,800. It is further recommended that the Council authorize the City Manager to sign the right-of-way contract and to issue a check in the amount of$145,800 payable to American Title Company for deposit into escrow. -2- GRANTOR: SANFORD SANDELMAN,TRUSTEE APN: 941-1401-012-01;-02 PROJECT: CITY OF DUBLIN-DUBLIN BOULEVARD WIDENING CITY OF DUBLIN RIGHT OF WAY CONTRACT In consideration of the terms and conditions set forth in this Right of Way Contract (the "Contract") SANFORD SANDELMAN, as trustee of the Alisue Trust, under Trust Agreement made August 27, 1975, as to an undivided '/z interest and SUSAN SANDELMAN, as successor trustee of the Aneff Trust under Trust Agreement made December 5, 1979, as to an undivided 1/2 interest as tenants in common, by deed recorded December 30, 1986, ("GRANTOR") shall deposit in an escrow designated by City of Dublin ("CITY"), a Grant Deed suitable for recordation and conveying from GRANTOR to CITY fee simple ownership to the area and real property improvements indicated in Exhibit"A",incorporated herein by this reference. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as of the date first written herein below as follows: 1. Entire Agreement The parties have herein set forth the whole of their Agreement. The performance of this Contract constitutes the entire consideration payable by CITY to GRANTOR and shall relieve CITY of all further obligations or claims on this account or on account of the location, grade, construction or operation of the proposed public improvement also known as the Dublin Boulevard Widening Project. 2. CITY shall A. Pay the sum of One Hundred Forty-Five Thousand Eight Hundred and No/100 Dollars ($145,800.00) for the property and improvements and any other consideration, identified in the Appraisal Summary Statement and Statement of the Basis for Determination of Just Compensation, delivered separately and by reference made a part of this Contract, to the following title company: American Title Company (or any other title company selected by City) for the account of the GRANTOR,Escrow No. 605935 conditioned upon the property vesting in CITY. B. Pay all escrow,recording and title insurance charges,if any,incurred in this transaction. C. Close of escrow for this transaction shall be contingent upon the title company receiving reconveyances from any deed of trust or mortgage holder trustees and beneficiaries. D. The consideration set forth in Paragraph 2A herein shall include payment in full for the following improvements: All buildings, structures and other improvements affixed to the land which are owned by you as owners or tenants of the real property proposed to be acquired will also be conveyed unless other disposition of these improvements has been made. The real property interest(s)proposed to be acquired are: Fee and Temporary Construction Easement,respectively,as described in Exhibit"A". // Page 1 of 4 S.•/City of Dublin/So ` . t GRANTOR: SANFORD SANDELMAN,TRUSTEE APN: 941-1401-012-01;-02 PROJECT: CITY OF DUBLIN-DUBLIN BOULEVARD WIDENING 3. Temporary Construction Easement In addition to the fee area, GRANTOR hereby grants to CITY a Temporary Construction Easement(TCE)for the use and storage of tools, machinery,materials and equipment by CITY, over, across and upon that certain real property as shown on Exhibit "A" and identified as Parcel 2, attached hereto and made a part hereof, together with the right of ingress to and egress from said property and the right at all times to enter and use said real property and every part thereof for all purposes connected with the construction of the proposed public improvement for a period not to exceed two (2) years. Said period to commence with first entry on GRANTOR's property by CITY's contractor. At least 48 hours advance written notice will be given before any entry on GRANTOR's property. The amount set forth in Paragraph 2A herein includes full payment for the TCE. A. CITY agrees upon completion of any of its works hereunder to restore, as near as possible, the surface of the TCE to the condition in which it was prior to the commencement of the work related to the proposed public improvement. B. It is understood that the TCE shall expire on December 31,2003. 4. Permission to Enter GRANTOR's Land for Construction Purposes Permission is hereby granted to CITY or its authorized agent to enter on GRANTOR's land,where necessary, to conform driveways and perform miscellaneous construction contract work. GRANTOR understands and agrees that after completion of said work, said facility(ies) will be considered as GRANTOR's sole property and GRANTOR will be responsible for maintenance and repair. 5. Payment of Deed of Trust If this property is secured by a mortgage(s) or deed(s) of trust, GRANTOR is responsible for payment of any demand under authority of said mortgage or deed of trust out of GRANTOR's proceeds. Such amounts may include,but not be limited to,payments of unpaid principal and interest. 6. Escrow Instructions GRANTOR hereby authorizes CITY to prepare and file escrow instructions in accordance with this Contract on behalf of both parties. 7. Hazardous Wastes GRANTOR hereby represents and warrants to the best of its knowledge that during the period of GRANTOR's ownership of the property, there have been no disposals, releases or threatened releases of hazardous substances or hazardous waste on, from, or under the property. GRANTOR further represents and warrants that GRANTOR has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous waste, on, from, or under the property which may have occurred prior to GRANTOR taking title to the property. The acquisition price of the property being acquired in this transaction reflects the fair market value of the property without the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the City may elect to recover its clean-up costs from those who caused or contributed to the contamination. Page 2 of 4 S.•/City of Dublin/Sanford Sandelman/Right of Way Contract/bh/120701 4' 7 GRANTOR: SANFORD SANDELMAN,TRUSTEE APN: 941-1401-012-01;-02 PROJECT: CITY OF DUBLIN—DUBLIN BOULEVARD WIDENING 8. Right of Possession and Use This Contract is subject to the approval of the City of Dublin, City Council or its authorized designee. This Contract shall have no force or effect and CITY shall not enter onto property unless and until said City Council or authorized designee's approval has been obtained. 9. Binding on Successors and Assigns This Contract shall be binding on and inure to the benefit of the respective heirs, successors and assigns of the parties to this Contract. 10. Leases GRANTOR warrants that there are no oral or written leases on all or any portion of the property proposed to be acquired exceeding a period of one month, and GRANTOR further agrees to hold CITY harmless and reimburse CITY for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of GRANTOR for a period exceeding one month,except for National Food Laboratory,Inc. 11. Indemnification In lieu of GRANTOR providing a quitclaim deed executed by National Food Laboratory,Inc. as to its interest in the property acquired for the Dublin Boulevard Widening Project GRANTOR shall indemnify CITY against any claims for any and all damages asserted against CITY by said tenant by reason of this acquisition for that portion of property necessary for the Dublin Boulevard Widening Project. 12. Authority to Sign GRANTOR and the signatories represent and warrant that the signatories to this Contract are authorized to enter into this Contract to convey real property and that no other authorizations are required to implement this Contract on behalf of GRANTOR. THIS PORTION OF PAGE LEFT INTENTIONALLY BLANK Page 3 of 4 S:/City of Dublin/Sanford Sandelman/Right of Way Contract/bh/120701 y " � GRANTOR: SANFORD SAIND€LMAN,TRUSTEE APN: 941-1401-012-01;-02 PROJECT: CITY OF DUBLIN—DUBLIN BOULEVARD WIDENING 13. Counterparts Si=nature This Contract may be executed in counterparts, each of which shall be an original, but all count arts shall constitute one Contract. (As used above, the to-m, "GRANTOR"shall include the plural as well as the singular num IN WITNESS WHEREOF,the parties have executed this Contract the day an ear first 'tten herein below. CITY OF DUBLIN: SANFORD SANDEL .1 as truste 'f the Alisue Trust,under Tru•t Agreem nt •e August 27,1975, as to an undivide . interest < SUSAN SANDELMAN,a su, essor trustee of the Aneff Trust under Trust : :re.ment • de December 5,1979,as to an undivide V2 •t•rest as •nants in common,by deed record=' De'• ber 30,1986 By: Title: By: 'y� SAN •Rt) SASIO6 Ikq,`t A5 'TRW CM E Date: SAN 1-MIA R( ,Ars $ut ecESSolt-nr J sie6 ALt$ue 'iUusT 13-41a3115. Taxpayer I.D. # AIF,1 "1U ( 3_ 77701 Date: _u ;-,0- 21 Zoo APPROVED As To For Dat < < NO O IGATION OTHER THAN SET FORTH HEREIN WILL BE RECOGNIZE Page 4 of 4 S:/City of Dublin/Sanford Sandelman/Right of Way Contrac •h/120701 City of Dublin 06/28/01 Alameda County, California 1005 Sanford Sandelman Trustee Page 1 of 2 PARCEL 1 (1005-1) (Fee) Being a portion of the lands described in the deed to the Sanford Sandelman, as trustee of the Alisue Trust under trust Agreement made August 27,1975 as to an undivided one- half interest, and Sanford Sandelman, as one-half interest, as tenants in common as recorded on December 30, 1986 at Instrument Number 85-329887 in the office of the County Recorder of Alameda County, California, more particularly described as follows: BEGINNING at the most easterly corner of said lands at a point on the southerly line of Dublin Boulevard as established by the Grant of right-of-way by Volk-Mc Lain Communities, Inc. to the County of Alameda, dated August 19, 1964, recorded August 28,1964, on Reel 1298, Image 16, under Recorder's series No. AW-138893 of Alameda County Records ; Thence along the northerly line of said lands and the southerly line of Dublin Boulevard N.72°43'46'W. 113.207 meters; Thence along last said line along a curve to the left having a radius of 12.802 meters, through a central angle of 86°03'23"for an arc length of 19.228 meters; Thence S.21°12'51'W. 3.120 meters; Thence along a non-tangent curve to the right having a radius of 12.562 meters, from a tangent that bears N.21°12'51"E., through a central angle of 86°03'15"for an arc length of 18.867 meters; Thence S.72°43'54"E. 113.396 meters to the southeasterly line of said lands; Thence N.21°49'31"E. 3.342 meters to the Point of Beginning. Containing 416.1 square meters, more or less. Parcel 2 (1005-2)(Temporary Construction Easement) A Temporary Construction Easement, due to expire on December 31, 2003, located in a portion of the lands described in the deed to the Sanford Sandelman, as trustee of the Alisue Trust under trust Agreement made August 27,1975 as to an undivided one-half interest, and Sanford Sandelman, as one-half interest, as tenants in common as recorded on December 30, 1986 at Instrument Number 85-329887 in the office of the County Recorder of Alameda County, California, more particularly described as follows: COMMENCING at the most easterly corner of said lands at a point on the southerly line of Dublin Boulevard as established by the Grant of right-of-way by Volk-Mc Lain Communities, Inc. to the County of Alameda, dated August 19, 1964, recorded August 28,1964, on Reel 1298, Image 16, under Recorder's series No. AW-138893 of Alameda County Records ; Thence along the southeasterly line of said lands S.21°49'31"W. 3.342 meters to the TRUE POINT OF BEGINNING; Thence continuing along last said line S.21°49'31"W. 1.529 meters; City of Dublin 06/28/01 Alameda County, California 1005 ,y o� 7 Sanford Sandelman Trustee Page 2 of 2 Thence leaving said line N.72°43'54"W. 113.274 meters; Thence along a curve to the left having a radius of 11.038 meters, through a central angle of 86°03'15"for an arc length of 16.578 meters; Thence N.68°47'09"W. 1.524 meters to northwesterly line of said lands and being the southeasterly right-of-way line of Clark Avenue; Thence along last said line on a non tangent curve to the right having a radius of 12.562 meters, from a tangent that bears N.21°12'51"E., through a central angle of 86°03'15°for an arc length of 18.867 meters; Thence S.72°43'54"E. 113.396 meters to the True Point of Beginning. Containing 199.7 square meters, more or less. Bearings and distances used in the above descriptions are based on the California Coordinate System of 1983, Zone 3, CA-HPGN, Epoch 1991.35. Multiply distances shown by 1.00008133 to obtain ground distances. To convert meters to U.S. Survey feet multiply distance by 3937/1200. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surve rs Act. *7 ./Signature 2 . censed Land Surveyor okttD Sb Date �-�S'�/ �C . i� GtEN4; /e. O rtA I-, at 4328 ",.' '�} `!1-7 6-3c, I. 7 w • a M N/ m z W Lai N O 0 - N H M 04' LaJ 0° Z ° 0_ ' O O E'2, a a o U e 4i v C 0 CC o to � 0 0 0_ .20 U a C---:w )_ 4... En C NX\ \� �/ Q 0 0 a In W Q' C C)Lai o. 0 0 to �� W 0 ai ^O O r. 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