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Home My WebLink About4.09 AmndRedefineStrmDrnEsm7450 Amador Valley Blvd First Western Development CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: March 14, 1988 SUBJECT: Amendment for Redefinition of Storm Drain Easement Through Circuit City Property EXHIBITS ATTACHED: 1) Resolution 2) Letter from Paul, Hastings, Janofsky, and Walker 3) Amendment to Grant of Easement 4) Memo from City Attorney 5) Location Map RECOMMENDATION: <7 I~dopt Resolution Approving Amendment to Grant of ~I-' Easement and Authorizing Mayor to Execute Same. FINANCIAL STATEMENT: None DESCRIPTION: The Circuit City parcel has been sold to Metropolitan Life Insurance Company ("Met"), and the attorneys involved in the transaction are in the process of clearing up clouds to title on the parcel. "Met" feels that the subject easement as written is ambiguous and has requested that the easement be better defined to reflect the intended use. There is a storm drain pipe in the easement which drains storm waters from Amador Plaza Road through this parcel to the open drainage channel to the east of the property. The existing wording which was granted to Alameda County in October of 1969 is: "an easement for the purpose of exerc1s1ng within said easement any and all powers conferred upon said Grantee by law, including installing, constructing, maintaining, repairing, operating, and using, as Grantee may see fit, a storm drain for flood control and related purposes." The proposed language is: "a non-exclusive easement only for the purpose of installing, constructing, maintaining, repairing, and operating within said easement a storm drain for flood control and other related drainage." Staff has no objection to this change and recommends adoption of the resolution approving the amendment and execution of same. -- -- - - --- -- --- ----- --- -- - ---- - - -- --- --- --- --------- -- -- -------- -- - --- ------- ITEH NO. I / (~ ~¡ ~~ ...~ ,/ COPIES TO: Melinda Witmer, Esq. RESOLUTION NO. -88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN --------------------------------------------- APPROVING AMENDMENT TO GRANT OF EASEMENT FOR STORM DRAIN PARCEL MAP 518 (CIRCUIT CITY PARCEL) WHEREAS, the existing grant of easement between Parcels 1 and 2 of Parcel Map 518 is specifies "any and all powers conferred upon said Grantee by law, including. . . a storm drain"; and WHEREAS, the owner of the property wishes to amend the language of the easement to state that it be used for storm drain purposes only; and WHEREAS, the City of Dublin has no objection to said request; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the amendment to the grant of easement and authorizes the Mayor to execute same. PASSED, APPROVED, AND ADOPTED this 14th day of March, 1988. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk ~~ ,"I ~ '-; r.:;> .-:~~ '; '''?I , ì, ,,',:¡' '~ :.~ ~ . _.~".,.....' ..:'..J _.;. _...~,' j j i LAW OFFICES OF LOS ANGELES OFFICE TWENTY-SECOND FLOOR 555 SOUTH Fl..OWER STREET :...:::"5 ANGELES. CALIFORNIA 90071 TE_EPHONE (2131489-4000 PAUL, HASTI~GS, ,JANOfSKY & '(~LKER FIFTH FLOOR WASHINGTON, D,C. C:"F"-s'E TWELFTH FLOOP 1050 CONNECTICUT Ave:::r.....:~. N. 1'1. 'NASHINGTON, D.C. 2S.:;'35 TE~E.ÞHONE. (202) 223~3S.-::'0 A PAI')T"'E~SI-!IP '''''C:..'..JDI-..G P~OF"ESSIONAL COØ::>-:;';::IoA"':"IO..S 1299 OCEAN AVENUE ':)RANGE COU~nY OF"FICE SEVENTEENTH FLOOR 595 TOWN CEf'·TER DRIVE ::-:;'S;A ME:SA. CAL.'FORNIA 92626 TË:~EPHONE (714) 641-1100 SANTA MONICA, CALIFORNIA 90401 TNX: 910 - 321 - 4065 ATLANTA OFFIC:: FORTY-SECOND Fl..S.-:':O GEORGIA-PACIFIC C~'~7:::::;;I 133 PEACHTREE STREE-. '~. E. ATLANTA, GEORGIA 3-::.303 T~:"EPHON e:: 14041 58a-99-:;0 TEL::P......ONE (213) 451-1200 CABLE A:)CRESS: PAULHAST Ne::W VORK OFFI-=:::: EtGHTH F:..OOR 299 PARK AVENUE ....E·N YORK, NEW YORK IO!7t 'E:..EPHONE (2!2) 750-1166 :..E:E: G. PAUL ;::oç.9E~; =-. HASTINGS :"~-:;NARO S. .JANOFSKY ~~A~LE:S M. WALKER CONNECTICUT OFF:-:;:: SECOND FLOO? THREE LANDMARK 5C'-'....p~ STA~FORD. CONNECTIC'".."7 ~59S: T:::l..EFHONE (203) 357-::C:: February 11, 1988 OUR FILE: NO 10548.40040 Mr. Lee Thompson Public Works Office, City of Dublin 6500 Dublin Boulevard Dublin, California 94568 Re: Circuit City-Dublin Property: Grant of Easement for 7.5 Foot Amendment to Storm Drain Dear Lee: As we discussed on the telephone last week, enclosed is a copy of the Amendment to Grant of Easement for the 7.5 foot storm drain easement that runs between parcels 1 and 2 of the Circuit City property on Amador Valley Road. All the amendment does is more specifically tailor the language of the grant to the intended purpose: to use and maintain a storm drain. Also, enclosed is a copy of the original grant with the language highlighted which we would like deleted. I hope that you will be able to get this onto the City Council's agenda for the next meeting. If you have any questions regarding the agreement please contact me at (213) 451-1200, extension 221. Thank you for your patience and cooperation. -'i'O c \ \1 ~ (. ..;. Q ~ .; ',0'60 \' ....1 ~¿\j;' \/'S \NOR\' . ~\\C . \'U\ MOv : mk Enclosures Sincerely, 1r~LÒv~,c{¿ (!, -¿lid--- Melinda C. Witmer for PAUL, HASTINGS, JANOFSKY & WALKER ~ ~ "7""'7 ~, -: --'.":\ '~~-, . - .. -.;< ____ .1 .; r; N Recording Requested by and when recorded mail to: AMENDMENT TO GRANT OF EASEMENT THIS AMENDMENT TO GRANT OF EASEMENT (this "Amendment") is made and entered into as of the _ day of March, 1988, by and among "METROPOLITAN LIFE INSURANCE COMPANY, a New York corporation ("Met") and the CITY OF DUBLI~¡ ("Dublin") . RECITALS WHEREAS, pursuant to that certain Grant of Easement ("Grant") dated October 8, 1969, between Qualified Investments, Inc. ("Qualified") as grantor and Alameda County ("County") as grantee, which easement was recorded on January 8, 1970, Reel 2545, Image 711, Document No. 70-2274 in the Official Records of the County of Alameda, Qualified granted to the County that certain easement located in the County that certain easement located in the County of Alameda, State of California, as more particularly described in Exhibit A attached hereto and incorporated herein by reference ("Easement"); WHEREAS, the second paragraph of the Grant states that the Easement is "for the purpose of exercising within said easement any and all powers conferred upon said grantee by law, including installing, constructing, maintaining, repairing, operating, and using as grantee may see fit, a storm drain for flood control and related purposes.. "; WHEREAS, fee title to the land burdened by the Easement is vested in Met and such land is described on Exhibit B attached hereto and made a part hereof ("Land"); WHEREAS, Dublin was incorporated as a city in 1982 and now governs the area in which both the Easement and the Land are located; WHEREAS, Met and Dublin desire to amend the Grant to state that the Easement will be used "only for the purpose of installing, constructing, maintaining, repairing, and operating a storm drain for flood control and other related drainage." NOW, THEREFORE, each of the parties hereby agrees as follows: 1. Amendment of the Grant of Easement: The Grant is hereby amended, relative to the Easement as it exists on Met's land, by deleting the language in the second paragraph which reads "an easement for the purpose of exercising within said easement any and all powers conferred upon said Grantee by law, including installing, , 1 - - ~ '7- ~ . . -- -~......... _ -~ -J constructing, maintaining, repairing, operating, and using, as Grantee may see fit, a storm drain for flood control and related purposes" and replacing the same with the following: "a non-exclusive easement only for the purpose of installing, constructing, maintaining, repairing and operating within said easement a storm drain for flood control and other related drainage." 2. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same agreement. 3. This Amendment shall be effective upon full execution hereof, and shall be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, this Amendment has been executed as of the date and year first above written. "Met" Metropolitan Life Insurance Company By: Name: Title: "Dublin" City of Dublin By: Name: Title: {ATTACH lUI'ARIES HERE] -~_._.._._------- DESCRIPTION £-1 The northern seven and one half foot wide half of a fifteen foot wide strip of land, the southern line of such seven and one half strip (being the centerline of the fifteen foot strip) described as follows: COMMENCING at the intersection of the southwestern line of the parcel of land designated as "Parcel 1 C" in the final order of condemnation, filed March 16, 1964 in Superior Court, Alameda County, Case No. 331088, entitled, The People of the State of California, Plaintiff, VS. Volk-McLain Communities, Inc., Et AI, defendants, a certified copy whereof was recorded March 16, 1964 on Reel 1150, Image 357, AWj42457, Alameda County Records, with the northern line of Dublin Boulevard, described in the instrument dated August 19, 1964, recorded August 28, 1964 Reel 1298, Image 3, Instrument No. AWj138890 Alameda County Records; thence along the southwestern line of said "Parcel lC" North 32° 52' 29" West 1034.13 feet; thence South 57° 07' 31" West 64.90 feet to the true Point of Beginning of this description (being a point on the western line of Channel "D") thence South 57° 07' 31" West 423.94 feet (to the eastern line of future Amador Plaza Road) being the western terminus of said strip of land. The northern line of said easement shall be lengthened or shortened to constitute a strip of land of the uniform width of 7.50 feet. The bearings used in this description are based on the California Co-Ordinate system, Zone 3. EXHIBIT "A" DESCRIPTION E-2 The southern seven and one half foot wide half of a fifteen foot wide strip of land, the northern line of such seven and one half foot strip (being the centerline of the fifteen foot strip) described as follows: COMMENCING at the intersection of the southwestern line of the parcel of land designated as "Parcel 1 C" in the final order of condemnation, filed March 16, 1964 in Superior Court, Alameda County, Case No. 331088, entitled, The People of the State of California, Plaintiff, VS. Yolk-McLain Communities, Inc., Et AI, defendants, a certified copy whereof was recorded March 16, 1964 on Reel 1150, Image 357, AWj42457, Alameda County Records, with the northern line of Dublin Boulevard, described in the instrument dated August 19, 1964, recorded August 28, 1964 Reel 1298, Image 3, Instrument No. AWj138890 Alameda County Records; thence along the southwestern line of said "Parcel lC" North 32° 521 29" West 1034.13 feet; thence South 57° 071 31" West 64.90 feet to the true Point of Beginning of this description (being a point on the western line of Channel "D"); thence South 57° 07' 31" West 423.94 feet (to the eastern line of future AMADOR PLAZA Road) being the western terminus of said strip of land. The southern line of said easement shall be lengthened or shortened to constitute a strip of land of the uniform width of 7.50 feet. The bearings used in this description are based on the California co-ordinate system, Zone 3. EXHIBIT "A" ,,' , . . - . . DESCRIPl'ION: DE LARD 8EPERRED 2'0 HEREIN IS SITOA'1'ED IN 2'BE STATE OF CALIFORNIA, COUNTY or ALMEDA, CI'1'Y or ÐUBLIR, DESCRIBED AS POLLOWS: r." PARCEL 1, AS SBOWN ON THE PARCEL MAP 518, FILED IN THE RECORDER'S OFFICE OF ALAMEDA COUNTY ON OCTOBER 21, 1969, IN BOOX 61, PAGE 70 OF MAPS. EXCEPTING THEREFPCM ALL OIL, G\S" MINERALS AND OTHER HYDPOCAFEON SUBSTANCES IN AND UNDER OR THAT MAY BE PRODUCED FROM A DEPTH BELOW 500 FEET FROM THE SURFACE OF SAID LAND WITHOUT RIGBT OF ENTRY UPON TP.E SURFACE OF SAID LAND FOR THE PURPOSE OF MINING, DRILLING, EXPLORING OR EXTRACTING SUCH OIL, GAS, MINERALS AND OTBER HYDROCAREON SUBSTA1iICES OP OTHER USE OF OR RIGHTS IN OR '1'0 ANY PORTION OF THE SURFACE OF SAID LAND TO A DEPTH OF 500 FEET BELOW THE SURFACE' THEREOF, AS EXCEPTED IN THE DEED FROM VOLX-MCLAIN COMMUNITIES, INC., '1'0 QUALIFIED INVESTMENTS, INC., ~ECOPDED JUNE 27, 1967, IN RE'EL 1988, Il1ÞGE 207, OFFICIAL RECORDS OF ALAMEDA COUNTY. FtJPTBER EXCE'PTING THEREFROM: WATER RIGBTS, INCLUDING THE RIGBT '1'0 USE SUBTERRANEAN WATERS, TOGETHER WITH ANY PIPES, PIPE LINES, WELLS OR OTHER EQUIPMENT RELATING TO THE USE OF OR EXTRACTION OF WATEF FROM OR UNDER SAIC PROPERTY, EOT WITP.Ot~ THE RIGHT OF ENTRY UPON THE SURFACE OF SAID PROPERTY IN CONNECTION WITH SOCH RIGHTS, AS RESERVED IN THE DEED FROM QUALIFIED INVES'l'MENTS, INC., '1'0 EDBRO CALIFORNIA REALTY COMPANY, mc., A CORPOPATION DATED SEPTEMEER 17, 1969, AND RE'CORDED DECEMBER~, 1969, ON REEL 2~26, IMAGE 427, OFFICIAL RECORDS OF ALAMEDA COUNTY/ ~Nt AS FURTHER RESERVE~ IN THE DEED FROM EDBRO CALIFORNIA REALTY CQo!PANY, n1c. , '1'0 EDBFO CALIFORNIA HANDYMAN, INC., DATED JANUARY 3, 1971, AND RECORDED- FEBRUARY 11, '971, O~ REEL 2786 AT IMAGE 305, OFFICIAL RECORDS OF ALAMEDA COUNTY. . A.P. NO. 941-305-8 £X~\6\T II 6 II ::VIEYERS, XAVE, RIBACK &.. 'VEST' MICHt,EL R "A'/E STE'/E~I R II,E'{ERS NATA,LiE E,IIEST ELIZABETH H SIL'/ER MICHAEL S R'BACK LESU E OSTE? ;. ~pr-,F;:':.":;:C~JAL LAN conpORATIGtJ ;:'I::'"JINSULA OFFICE C,VIC cc:rnER COMPLEX 835 'OJ< ST 14 TH STREET SAri LEJ<,tIDRO CALIFORNIA 94577 '415¡ 577-3333 ~AI (4151 577·3365 1220 "'OWARD AVE, SUITE 2';~ BURL ~IGAME, CA 94010·4211 '415) 348-7130 "AX 14151 342·0886 0F COU'jSEL \AAR'~ OFFICE 12:2 SRMH AVE, SUITE " 'JG'/A TO CA 94945 '415) 8928878 THOMAS F 3~R-;-?A¡"JO REPLY TO San Leandro MEMORANDUM TO: Lee Thompson, City Engineer DATE: 2/28/88 FROM: Elizabeth H. Silver Assistant City Attorney RE: Circuit City Easement Your Memo of February 18, 1988 The form of the proposed Amendment to Grant of Easement looks good. My only comment is that the amendment narrows the purpose of the easement from any uses the City may need it for to use for a storm drain only. I assume this is the intent. , ,/,,/ ,'~L (L ¿~ I I Elizabeth H. 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