HomeMy WebLinkAboutItem 4.14 SumVacatePSE Tr6959 CITY CLERK
File# 670-40
AGENDA STATEMENT
CTTY COUNCZ.L MEETING DATE: August 21, 2001
SUBJECT:
Approval of Summary Vacation for Portions of Public Service
Easement (P.S.E) that encumber lots 9, 10, and 47 of Tract 6959
(Dublin Ranch, Neighborhood L-4).
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
RECOMMENDATION:
1) Resolution Approving Summary Vacation for portions of
P.S.E.
2) Easement Quitclaim Deed for Lot 9 (City of Dublin to
Robert and Donna Gallardo)
3) Easement Quitclaim Deed for Lot 10 (City of Dublin to
Bojan and Valentina Vukoj evic)
4) Easement Quitclaim Deed for Lot 47 (City of Dublin to
Thomas Deering)
5) Location Map
dopt Resolution Approving Summary Vacation for Portions of
P.S.E.
FINANCIAL STATEMENT:
No financial impact to the City will result from the recommended
action.
DESCRIPTION: The subject 8-foot-wide P.S.E. was dedicated to the public on the
Final Phase I Master Map for Dublin Ranch, Tract 6925, to allow construction and maintenance of the
public sidewalk, underground utilities, and street lights. After the maP recorded, a bulk parcel of Tract
6925 was again subdivided to create Neighborhood L-4, Tract 6959. While processing the improvement
plans and the map for the L-4 neighborhood, Staff noted that portions of the 8-foot-wide P.S.E. would
conflict with proposed community walls along the side yards of Lots 9, 10, and 47. After examining the
locations of the walls, the sidewalks, and the proposed utilities, Staff determined that the conflicting
portions of the P.S.E. could be vacated without compromising our access to the improvements within the
remaining easement area in the future. The portions of the P.S.E. to be vacated are located entirely behind
the community walls, and therefore inappropriately encumber the private side and rear yards of the lots.
Because there are no utilities or other improvements located within the portions of the P.S.E. to be
vacated, Staffhas determined that these portions of the P.S.E. are no longer necessary. The City's
General Plan discusses the dedication of 5-foot-wide easements on each side of a Residential Collector
street.
COPIES TO:
G:\DEVELOP\Dublin RanchELA-Shea, Mayfield 2\agst pse abandon_6959.doc
ITEM NO.
Staff has determined that reducing the easement width from 8 feet to 5 feet for these specific locations is
consistent with the General Plan. The remainder of the P.S.E. will remain in full force and effect for the
original purposes for which it was dedicated.
The developer, MSSH Dublin Development LLC, has prepared the three required Easement Quitclaim
documents for execution by the Mayor to memorialize this Summary Vacation. Staff recommends that
the City Council adopt the Resolution approving the Summary Vacation for portions of the 8-foot-wide
P.S.E. encumbering Lots 9, 10, and 47 of Dublin Ranch Neighborhood L-4, Tract 6959.
Page 2
RESOLUTION NO. - O1
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
SUMMARILY VACATING PORTIONS OF PUBLIC SERVICE EASEMENT
ENCUMBERING LOTS 9, 10, AND 47 OF TRACT 6959
(STREETS AND HIGHWAYS CODE CHAPTER 4)
WHEREAS, an 8-foot-wide Public Service Easement (P.S.E.) was originally dedicated to the public on
Tract Map 6925 (Book 241 of Maps, at Pages 39 to 52); and
WHEREAS, portions of the 8-foot-wide P.S.E. now inappropriately encumber Lots 9, 10, and 47 of Tract
6959 (Book 251 of Maps, at Pages 39 to 43); and
WHEREAS, portions of the 8-foot-wide P.S.E. to be vacated, as described as "PORTION TO BE
ABANDONED" on each of the three Easement Quitclaim Deeds (one deed for each of the following Lots: 9, 10,
and 47) attached hereto, have been determined to be no longer necessary; and
WHEREAS, portions of the 8-foot-wide P.S.E. to be vacated cOntain no utilities or services; and
WHEREAS, after considering the City's General Plan, the City Council finds that reducing the P.S.E.
width from 8' to 5' is consistent with the General Plan requirements for Residential Collector streets, and this
easement abandonment is therefore consistent therewith; and
WHEREAS, it is to the benefit of the City to vacate said P.S.E. as provided in Chapter 4 of the Streets and
Highways Code;
NOW, THEREFORE, BE IT RESOLVED that portions of the 8-foot-wide P.S.E. that now encumber Lot
9, 10, and Lot 47 of Tract 6959, as more particularly described on each of the three Easement Quitclaim Deeds
attached hereto, are no longer necessary, and are hereby vacated, while the remaining portion of the P.S.E. remains
in full force and effect.
BE IT FURTHER RESOLVED that the City Council hereby directs and authorizes the Mayor to execute
each of the three Easement Quitclaim Deeds.
BE IT FURTHER RESOLVED that the City Clerk is directed to forward each of the three executed
Easement Quitclaim Deeds, along with a certified copy of this Resolution attached to each, to the County Recorder
for recording.
PASSED, APPROVED AND ADOPTED this 21st day of August, 2001.
AYE S:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
G: IDEVELOPIDublin Ranch IL4-Shea, Mayfield 21reso pse abandon.doc
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Robert Gallardo
Donna Gallardo
3518 Saddlebrook Place
Dublin, CA 94568
MAIL TAX STATEMENTS TO:
)
)
)
Same as Above )
)
APN 985-15-18
6959-9
(Space above this line is for Recorders Use),
EASEMENT
QUITCLAIM DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CITY OF DUBLIN,
a Municipal Corporation
does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
Robert J. Gallardo, St. and Donna H. Gallardo, husband and wife as joint tenants
that certain portion of the Public Service Easement (P.S.E.) in the City of Dublin, County
of Alameda, State of California, described and shown on Exhibits "A" (2 pages)
attached hereto and made a part hereof.
CITY OF DUBLIN
GUY S. HOUSTON, MAYOR-
(Notary Acknowledgement Attached)
ACKNOWLEDGMENT:
STATE OF CALIFORNIA ) SS.
COUNTY OF ALAMEDA )
2o01, BEFORE ME
ON , PERSONALLY APPEARED GUY S. HOUSTON
PERSONALLY KNOWN TO ME (OR PROVbD TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE) TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN
INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN HIS
AUTHORIZED CAPACITY, AND THAT BY HIS SIGNATURE ON THE INSTRUMENT THE
PERSON, OR ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE
INSTRUMENT.
SIGNATURE
(This area for official notarial seal)
EXHIBIT "A'
PAGE 1 OF 2
19104-1
8/lO/2OOl
F.C.I.
DESCRIPTION
ABANDONMENT OF A PORTION OF AN 8.00 FEET PUBLIC SERVICE EASEMENT
BEING OVER, UNDER, AND ACROSS A PORTION OF THAT CERTAIN PARCEL OF LAND KNOWN AS:
LOT "9" OF "TRACT 6959" AS FILED ON THE 22 DAY OF JUNE, 2000 IN BOOK 251 OF MAPS AT PAGES 39
TO 43, ALAMEDA COUNTY RECORDS, CALIFORNIA, FOR PURPOSES OF AN ABANDONMENT OF A
PORTION OF THE 8.00 FEET PUBLIC SERVICE EASEMENT AS SHOWN DEDICATED UPON THAT
CERTAIN FINAL MAP ENTITLED: "TRACT 6925 - DUBLIN RANCH" AS FILED ON THE 16TM DAY OF JULY,
1998 IN BOOK 241 OF MAPS AT PAGES 39 TO. 52, LYING AND BEING IN THE CITY OF DUBLIN,
ALAMEDA COUNTY, CALIFORNIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL OF SAID PUBLIC SERVICE EASEMENT AS LYING WITHIN THE BOUNDARY OF SAID LOT "9".
OVER, UNDER, AND ACROSS A PORTION OF: ASSESSOR'S PARCEL NUMBER 985-0015-018.
SAID PORTION TO BE ABANDONED CONTAINING 204 SQUARE FEET, 0.005 ACRES, MORE OR LESS.
END OF DESCRIPTION
~R~I~ ~. ~NGA~I~ ,~'/LIC ENSED
PROFESSIONAL LAND SURVEYOR No. 5859
(EXP. 12/31/2004)
STATE OF CALIFORNIA
p:\legals\ 16034 \ 6925\pse-aband-6959-9.doc
mA :KAY& SomPs
CIVIL EN(glNEERINGeLAND PLANNINGeLAND SURVEYING
5142 Franklin Drive Suite B, Pleasanton, CA. 94688-3,555
(925) 225-0690
DATE
LEGEND:
PSE PUBLIC SERVICE EASEMENT
PORTION TO BE ABANDONED = 204 S.F. (0.005 AC.)
8-09-~001 Fcl P:\lGO34\6959-t4\pse-v~c.d~g
! ,' ~ ,,,.~N79O44'46"W(R)
f
0 10 20 40
SCALE 1"=20'
ABANDONMENT
OVER LOT 9.,, TRACT 6959
CITY OF' DUBLIN, CALIFORNIA
BA{)KAYS, S0mPS
CIVIL ENGINEERINGeLAND PLANNINGeLAND SURVEYING
5142-B FRANKLIN ]]RIVE - PLEASANTBN, CA
(925) 225-0690 FAX <925) 225-0698
DRAWN SCALE I DATE JOB#
PDT/FCI 1"= 20' I AUG. 9, 2001 19104-1
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Bojan Vukojevic
Valentina Vukojevic
3519 Saddlebrook Place
Dublin, CA 94568
MAIL TAX STATEMENTS TO:
Same as Above
APN 985-15-19
6959-10
(Space above this line is for Recorders Use)
EASEMENT
QUITCLAIM DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CITY OF DUBLIN,
a Municipal Corporation
does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
Bojan Vukojevic and Valentina Vukojevic, husband and wife as joint tenants
that certain portion of the Public Service Easement (P.S.E.) in the City of Dublin, County
of Alameda, State of California, described and shown on Exhibits "A" (2 pages)
attached hereto and made a part hereof,
CITY OF DUBLIN
GUY S. HOUSTON, MAYOR-
(Notary Acknowledgement Attached)
3~
ACKNOWLEDGMENT:
STATE OF CALIFORNIA
COUNTY OF ALAMEDA
ON
) SS.
)
2001, BEFORE ME
, PERSONALLY APPEARED GUY S. HOUSTON
PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE) TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN
INSTRUMENT AND ACKNOWLEDGED TO ME THAT .HE EXECUTED THE SAME IN HIS
AUTHORIZED CAPACITY, AND THAT BY HIS SIGNATURE ON THE INSTRUMENT THE
PERSON, OR ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE
INSTRUMENT.
SIGNATURE
(This area for official notarial seal)
EXHIBIT "A"
PAGE 1 OF 2
19104-1
8/10/2001
F.C.I.
DESCRIPTION
ABANDONMENT OF A PORTION OF AN 8.00 FEET PUBLIC SERVICE EASEMENT
BEING OVER, UNDER, AND ACROSS A PORTION OF THAT CERTAIN PARCEL OF LAND KNOWN AS:
LOT "10" OF "TRACT 6959" AS FILED ON THE 2NO DAY OF JUNE, 2000 IN BOOK 251 OF MAPS AT PAGES
39 TO 43, ALAMEDA COUNTY RECORDS, CALIFORNIA, FOR PURPOSES OF AN ABANDONMENT OF A
PORTION OF THE 8.00 FEET PUBLIC SERVICE EASEMENT AS SHOWN DEDICATED UPON THAT
CERTAIN FINAL MAP ENTITLED: "TRACT 6925 - DUBLIN RANCH" AS FILED ON THE 16TM DAY OF JULY,
1998 IN BOOK 241 OF MAPS AT PAGES 39 TO 52, LYING AND BEING IN THE CITY OF DUBLIN,
ALAMEDA COUNTY, CALIFORNIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL OF SAID PUBLIC SERVICE EASEMENT AS LYING WITHIN THE BOUNDARY OF SAID LOT "10'.
OVER, UNDER, AND ACROSS A PORTION OF: ASSESSOR'S PARCEL NUMBER 985-0015-019.
SAID PORTION TO BE ABANDONED CONTAINING 456 SQUARE FEET, 0.010 ACRES, MORE OR LESS.
END OF DESCRIPTION
PREP_ D B -
/b/RED C. ING/~'L/,~I~ENSED
PROFESSIONAL LAND SURVEYOR No. 5859
(EXP. 12/31/2004)
STATE OF CALIFORNIA
P: \ legals \ 16034\ 6925\ pse-ab and~6959-10.doc
mACKAY& SomPs
CIVIL ENGINEERING* LAND PLANNING* LAND SURVEYING
5142 Franklin Drive Suite B, Pleasanton, CA. 94588-3355
[925) 225-0690
DATE '
/ I
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Thomas Deering
5224 N. Forestdale Circle
Dublin, CA 94568
MAIL TAX STATEMENTS TO:
)
)
)
Same as Above )
)
APN 985-15-56
6959-47
(Space above this line is for Recorders Use)
EASEMENT
QUITCLAIM DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CITY OF DUBLIN,
a Municipal Corporation
does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
Thomas E. Deering, an unmarried man
that certain portion of the Public Service Easement (P.S.E.) in the City of Dublin, County
of Alameda, State of California, described and shown on Exhibits "A" (2 pages)
attached hereto and made a part hereof.
CITY OF DUBLIN
GUY S. HOUSTON, MAYOR-
(Notary Acknowledgement Attached)
ACKNOWLEDGMENT:
STATE OF CALIFORNIA
COUNTY OF ALAMEDA
ON
) SS.
)
2001, BEFORE ME
, PERSONALLY APPEARED GUY S. HOUSTON
PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE) TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN
INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN HIS
AUTHORIZED-CAPACITY, AND THAT BY HIS SIGNATURE ON THE INSTRUMENT THE
PERSON, OR ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE
INSTRUMENT.
SIGNATURE
(This area for official notarial seal)
EXHIBIT "A'
PAGE 1 OF 2
19104-1
8/lO/2OOl
F.C.I.
DESCRIPTION
ABANDONMENT OF A PORTION OF AN 8.00 FEET PUBLIC SERVICE EASEMENT
BEING OVER, UNDER, AND ACROSS A PORTION OF THAT CERTAIN PARCEL OF LAND KNOWN AS:
LOT "47" OF "TRACT 6959" AS FILED ON THE 2ND DAY OF JUNE, 2000 IN BOOK 251 OF MAPS AT PAGES
39 TO 43, ALAMEDA COUNTY RECORDS, CALIFORNIA, FOR PURPOSES OF AN ABANDONMENT OF A
PORTION OF THE 8.00 FEET PUBLIC SERVICE EASEMENT AS SHOWN DEDICATED UPON THAT
CERTAIN FINAL MAP ENTITLED: "TRACT 6925 ~ DUBLIN RANCH" AS FILED ON THE 16TM DAY OF JULY,
1998 IN BOOK 241 OF MAPS AT PAGES 39 TO 52, LYING AND BEING IN THE CITY OF DUBLIN,
ALAMEDA COUNTY, CALIFORNIA, AND BEING MORE PARTICULA.RLY DESCRIBED AS FOLLOWS:
ALL OF SAID PUBLIC SERVICE EASEMENT AS LYING WITHIN THE BOUNDARY OF SAID LOT "47".
OVER, UNDER, AND ACROSS A PORTION OF: ASSESSOR'S PARCEL NUMBER 985-0015-056.
SAID PORTION TO BE ABANDONED CONTAINING 273 SQUARE FEET, 0.006 ACRES, MORE OR LESS.
END OF DESCRIPTION
PROFESSIONAL LAND SURVEYOR No. 5859
(EXP. 12/31/2004)
STATE OF CALIFORNIA
p:\ le§als\ 16034\6925 \pse-aband-6959-47-doc
,/ / DATE
I11ACKAY & SORIPS
CIVIL ENGINEERINGe LAND PLANNING' LAND SURVEYING
,5142 Franklin Drive Suite B, Pleasanton, CA. 94588-3355
(925) 225-0690
D U_P--,,, ~
RA~'
5g"53'12"~ 186.21~
~" Line .........
' OOB-
$OUll,/ FORESTDALE
' N88°53'OI"W ~585.30'
LOCATION MAP