HomeMy WebLinkAboutItem 4.05 - 1893 Summary Vacation of Relocated and Unused Pu
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STAFF REPORT
CITY COUNCIL
DATE: March 20, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Summary Vacation of Relocated and Unused Public Easements, Located
at 5891 and 5892 Cadence Avenue
Prepared by: Laurie Sucgang, Senior Civil Engineer
EXECUTIVE SUMMARY:
The City Council will consider approving summary vacations of a Temporary Access
and Utility Easement, a Temporary Storm Drain Easement, an Emergency Vehicle
Access Easement, and a Landscape Easement located at 5891 and 5892 Cadence
Avenue in the Boulevard development. The temporary easements are no longer
needed due to construction of the public streets, El Dorado Lane and Columbus Street,
and due to construction of a new storm water detention facility within the 30-acre
community park site.
STAFF RECOMMENDATION:
Adopt the Resolutions: 1) Summarily Vacating a Temporary Access and Utility
Easement Located at 5891 Cadence Avenue ; 2) Summarily Vacating a Temporary
Storm Drain Easement Located at 5891 and 5892 Cadence Avenue; 3) Summarily
Vacating an Emergency Vehicle Access Easement Located at 5891 Cadence Avenue ;
and, 4) Summarily Vacating a Landscape Easement Located at 5892 Cadence Avenue.
FINANCIAL IMPACT:
There is no impact on the General Fund. The cost associated with the summary
vacations will be paid for by the developer of the Boulevard development project.
In accordance with Section 8336 of the Streets and Highways Code, no fee shall be
charged for the recordation of the certified copy of the resolutions of vacation.
DESCRIPTION:
An offer of dedication to the City as easements for public purposes was made on the
Final Map of Tract Map 8150, recorded on May 27, 2016 . The three easements offered
on this map were as follows: Temporary Access and Utility Easement, Temporary
Storm Drain Easement, and Landscape Easement. Additionally, an offer of dedication
Page 2 of 3
to the City as an easement for public purposes was made on the Tract Map 8307,
recorded on February 15, 2017, for Emergency Vehicle Access purposes. The
temporary easements were needed due to the developer’s phased acquisition of
property from the US Army and the phased construction of certain street improvements.
Development has now progressed to a point that these temporary easements are no
longer required and the developer has requested the vacation of these temporary
easements.
Pursuant to State Law, Streets and Highways Code Sections 8330, the City Council
may summarily vacate a street that has been superseded by relocation. Pursuant to
Section 8333, City Council may summarily vacate a public service easement that has
been superseded by relocation and that has no other public facilities located within the
easement. The construction of the public streets of El Dor ado Lane and Columbus
Street has superseded the need for a temporary access and utility easement and the
emergency vehicle access easement. The construction of a new storm water detention
facility within the 30-acre public park supersedes the need for a temporary storm drain
easement.
Pursuant to Streets and Highways Code Section 8333, the City Council may summarily
vacate a public service easement if the City Council determines that the easement is in
excess and there are no other public facilities located within the easement. The City no
longer requires the landscape easement to be dedicated for public purposes, and the
property owner, Brookfield Wilshire LLC, has not used the area for the intended
purpose. There are no public utilities located within the landscape easement.
Streets and Highways Code Section 8335 allows the City Council to vacate a street or
public service easement by adopting a resolution of vacation stating the facts under
which the summary vacation is made, and that from and after the date the resolution is
recorded, the easement vacated no longer constitutes a public easement. Following
adoption of the resolution, the City Clerk shall record a certified copy of the resolution of
vacation in the office of the County Recorder. Upon such recordation, the vacation is
complete. The attached resolutions also authorize the City Manager to quitclaim any
interest in the easements, should the title company require a quitclaim deed to clear the
easement from the title of the property.
ENVIRONMENTAL REVIEW:
The vacations are categorically exempt from the California Environmental Quality Act
pursuant to Section 15301, Existing Facilities.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The Streets and Highways Code does not require public outreach f or a summary
vacation.
ATTACHMENTS:
1. Resolution Summarily Vacating a Temporary Access and Utility Easement Located at
5891 Cadence Avenue
Page 3 of 3
2. Exhibit A to Resolution Summarily Vacating a Temporary Access and Utility
Easement Located at 5891 Cadence Avenu e
3. Resolution Summarily Vacating a Temporary Storm Drain Easement Located at 5891
and 5892 Cadence Avenue
4. Exhibit A to Resolution Summarily Vacating a Temporary Storm Drain Easement
Located at 5891 and 5892 Cadence Avenue
5. Resolution Summarily Vacating an Emergency Vehicle Access Easement Located at
5891 Cadence Avenue
6. Exhibit A to Resolution Summarily Vacating an Emergency Vehicle Access Easement
Located at 5891 Cadence Avenue
7. Resolution Summarily Vacating a Landscape Easement Located at 5892 Cadence
Avenue
8. Exhibit A to Resolution Summarily Vacating a Landscape Easement Located at 5892
Cadence Avenue
RESOLUTION NO. - 18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
SUMMARILY VACATING A TEMPORARY ACCESS AND UTILITY EASEMENT LOCATED
AT 5891 CADENCE AVENUE
WHEREAS, Brookfield Wilshire LLC requests to summarily vacate a temporary access
and utility easement lying within Lots 1, 10, and Parcel B, as shown on Tract Map Number 8307,
filed on February 15, 2017, in Book 345 of Maps, Pages 83 -88 in the Alameda County
Recorder’s Office, located at 5891 Cadence Avenue ; and
WHEREAS, the temporary access and utility easement was dedicated to the City of
Dublin on May 27, 2016 on the Tract Map Number 8150, Book 341 of Maps, Pages 6 -10 in the
Alameda County Recorder’s Office; and
WHEREAS, Subsection (a) of Section 8330 of the California Streets and Highways Code
authorizes the City Council to summarily vacate a street or highway that has been superseded
by relocation;
NOW, THEREFORE, BE IT RESOLVED by the City Council that:
1. The City Council finds that the construction of the public streets El Dorado Lane and
Columbus Street has superseded the temporary access and utility easement.
2. From and after the date this resolution is recorded, the temporary a ccess and utility
easement located at 5891 Cadence Avenue and as shown on Exhibit “A” is vacated and
shall no longer constitute a public easement for access and utility purposes.
3. The City hereby quitclaims any and all rights to the easement.
4. The City Manager or his designee is hereby authorized to take any and all further actions
to effectuate the vacation and quitclaim of the easement, including the execution of a
Quitclaim Deed.
BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to
cause a certified copy of this resolution to be recorded in the Office of the Alameda County
Recorder.
PASSED, APPROVED AND ADOPTED this 20th day of March, 2018, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
ATTEST: Mayor
____________________________________
City Clerk
REFERENCE
(1) TRACT 8150, 341 M 6
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LEGEND
EX. EXISTING
TAE TEMPORARY ACCESS AND UTILITY EASEMENT
EL DORADO LANE
LOT 10 / IZ
E i
TRACT 3307
345M33
/
/
CADENCE
A VENUE
/
VACATED EASEMENT
ALL OF THE TEMPORARY ACCESS AND UTILITY EASEMENT
L PING WITHIN L 0 TS 1, 10 AND PARCEL B AS SHOWN ON
TRACT NO. 8J07, FILED ON FEBRUARY 15, 2017, IN
BOOK J45, PAGES 83 -88, ALAMEDA COUNTY RECORDS
SCOTT A. SHORTLI
MARCH 2, 2018
LOT 1
CADENCE
A VENUE
PARCEL A
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No. 6441
��9TF pF CAI- �F����P
S. 6441
EXHIBIT A bzooe 81076HR,MAPPlNG,PLATS,TRACT B307— TAEd.9
PLAT OF ®1
TEMPORARY ACCESS AND UTILITY
RUGCaERI- JENSEN -AZAR
EASEMENT OVER LOTS 1 10 AND ENGINEERS • PLANNERS • SURVEYORS
f 4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588
PARCEL B, TRACT 8307, 345 M 83
PHONE: `925' 22' -9100 FAX: `925' 22' -93 °°
SCALE: DATE: JOB NO.:
CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA NOT TO SCALE 3 -2 -2018 081076BRl B
RESOLUTION NO. - 18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
SUMMARILY VACATING A TEMPORARY STORM DRAIN EASEMENT LOCATED AT 5891
AND 5892 CADENCE AVENUE
WHEREAS, Brookfield Wilshire LLC requests to summarily vacate a temporary storm
drain easement lying within Lots 1, 8, 9, 10, Parcels A and B, as shown on Tract Map Number
8307, filed on February 15, 2017, in Book 345 of Maps, Pages 83-88 in the Alameda County
Recorder’s Office, located at 5891 and 5892 Cadence Avenue; and
WHEREAS, the temporary storm drain easement was dedicated to the City of Dublin on
May 27, 2016 on the Tract Map Number 8150, Book 341 of Maps, Pages 6 -10 in the Alameda
County Recorder’s Office; and
WHEREAS, Subsection (c) of Section 8333 of the California Streets and Highways Code
authorizes the City Council to summarily vacate a public service easement that has been
superseded by relocation and where there are no other public facilities located within the
easement;
NOW, THEREFORE, BE IT RESOLVED by the City Council that:
1. The City Council finds that the construction of the permanent storm water detention
facility located on the public park property has superseded the temporary storm drain
easement.
2. From and after the date this resolution is recorded, the temporary storm drain easement
located at 5891 and 5892 Cadence Avenue and as shown on Exhibit “A” is vacated and
shall no longer constitute a public easement for storm drain purposes.
3. The City hereby quitclaims any and all rights to the easement.
4. The City Manager or his designee is hereby authorized to take any and all fur ther actions
to effectuate the vacation and quitclaim of the easement, including the execution of a
Quitclaim Deed.
BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to
cause a certified copy of this resolution to be recorded in the Office of the Alameda County
Recorder.
PASSED, APPROVED AND ADOPTED this 20th day of March, 2018, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
ATTEST: Mayor
____________________________________
City Clerk
0
EL DORADO LANE
LEGEND DUBLIN BOULEVARD
EX. EXISTING
TSDE TEMPORARY STORM DRAIN EASEMENT
REFERENCE
(1) TRACT 8150, 341 M 6
N
NOT TO SCALE
SAND S\
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No. 6441
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OF CAI- �F���\P
VACATED EASEMENT: /
ALL OF THE TEMPORARY STORM DRAIN EASEMENT LYING
WITHIN LOTS 1, 8, 9, 10 AND PARCELS A AND B AS
SHOWN ON TRACT NO. 8307, FILED ON FEBRUARY 15, 2017, SCOTT A. SHORTLIDGE P .S. 6441
IN BOOK J45, PAGES 8J -88, ALAMEDA COUNTY RECORDS MARCH 2, 2018
EXHIBIT A bzooe 81076HR,MAPPlNG,PLATS,TRACT 9307— TSBEdW9
PLAT OF ®1
TEMPORARY STORM DRAIN EASEMENT
RUGGERI- JENSEN -AZAR
OVER LOTS 1 8 9 10 AND PARCELS ENGINEERS • PLANNERS • SURVEYORS
f f f 4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588
AAND B, TRACT 8307, 345 M 83 PHONE: `925' 227 -9100 FAX, `925' 22' -9300
SCALE: DATE: JOB NO.:
CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA NOT TO SCALE 3 -2 -2018 081076BR1 B
RESOLUTION NO. - 18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
SUMMARILY VACATING AN EMERGENCY VEHICLE ACCESS EASEMENT LOCATED AT
5891 CADENCE AVENUE
WHEREAS, Brookfield Wilshire LLC requests to summarily vacate an emergency vehicle
access easement lying within Lot 10, as shown on Tract Map Number 8307, filed on February
15, 2017, in Book 345 of Maps, Pages 83 -88 in the Alameda County Recorder’s Office, located
at 5891 Cadence Avenue; and
WHEREAS, the emergency vehicle access easement was dedicated to the City of Dublin
on February 15, 2017 on the Tract Map Number 8307, Book 345 of Maps, Pages 83 -88 in the
Alameda County Recorder’s Office; and
WHEREAS, Subsection (a) of Section 8330 of the California Streets and Highways Code
authorizes the City Council to summarily vacate a street or highway that has been superseded
by relocation;
NOW, THEREFORE, BE IT RESOLVED by the City Council that:
1. The City Council finds that the construction of the public streets El Dorado Lane and
Columbus Street has superseded the emergency vehicle access easement.
2. From and after the date this resolution is recorded, the emergency vehicle access
easement located at 5891 Cadence Avenue and as shown on Exhibit “A” is vacated and
shall no longer constitute a public easement for access purposes.
3. The City hereby quitclaims any and all rights to the easement.
4. The City Manager or his designee is hereby authorized to take any and all further actions
to effectuate the vacation and quitclaim of the easement, including the execution of a
Quitclaim Deed.
BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to
cause a certified copy of this resolution to be recorded in the Office of the Alameda County
Recorder.
PASSED, APPROVED AND ADOPTED this 20th day of March, 2018, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
ATTEST: Mayor
____________________________________
City Clerk
-N-
0
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LE
EX1)
EVAE
EL DORADO LAIVE
VACATED EASEMENT:
ALL OF THE EMERGENCY VEHICLE ACCESS EASEMENT
LYING WITHIN LOT 10 AS SHOWN ON TRACT NO. 8307,
FILED ON FEBRUARY 15, 2017, IN BOOK J45, PAGES
8J -88, ALAMEDA COUNTY RECORDS
SCOTT A. SHORTUDGELPwLS. 6441
MARCH 2, 2018
EXHIBIT A
PLAT OF
EMERGENCY VEHICLE ACCESS EASEMENT
OVER LOT 10, TRACT 8307, 345 M 83
CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA
G \fob2008\OB10763R \MAPPING \PLATS \TRACT 8307- EVAEdwg
1
RUGGERI- JENSEN -AZAR
ENGINEERS " PLANNERS " SURVEYORS
4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588
PHONE: (925) 227 -9100 FAX: (925) 227 -9300
SCALE: DATE: JOB NO.:
1" = 30' 3 -2 -2018 081076BRl B
RESOLUTION NO. - 18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
SUMMARILY VACATING A LANDSCAPE EASEMENT LOCATED AT 5892 CADENCE
AVENUE
WHEREAS, Brookfield Wilshire LLC requests to summarily vacate a landscape
easement lying within Lot 9, as shown on Tract Map Number 8307, filed on February 15, 2017,
in Book 345 of Maps, Pages 83-88 in the Alameda County Recorder’s Office, located at 5891
and 5892 Cadence Avenue; and
WHEREAS, the landscape easement was dedicated to the City of Dublin on May 27,
2016 on the Tract Map Number 8150, Book 341 of Maps, Pages 6 -10 in the Alameda County
Recorder’s Office; and
WHEREAS, Subsection (c) of Section 8333 of the California Streets and Highways Code
authorizes the City Council to summarily vacate a public service easement when the easement
holder determined that the easement is in excess and where there are no other public facilities
located within the easement;
NOW, THEREFORE, BE IT RESOLVED by the City Council that:
1. The City Council finds that the landscape easement has not been used for the intended
purpose, is not required for public purposes, and there are no public facilities located
within the easement.
2. From and after the date this resolution is recorded, the landscape easement located at
5892 Cadence Avenue and as shown on Exhibit “A” is vacated and shall no longer
constitute a public easement for landscape purposes.
3. The City hereby quitclaims any and all rights to the easement.
4. The City Manager or his designee is hereby authorized to take any and all further actions
to effectuate the vacation and quitclaim of the easement, including the execution of a
Quitclaim Deed.
BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to
cause a certified copy of this resolution to be recorded in the Office of the Alameda County
Recorder.
PASSED, APPROVED AND ADOPTED this 20th day of March, 2018, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
ATTEST: Mayor
____________________________________
City Clerk
REFERENCE
(1) TRACT 8150, 341 M 6
j
U
CADENCE
A VENUE
LEGEND
EX. EXISTING
LE LANDSCAPE EASEMENT
PARCEL A
PARGgL B CADENCE
A VENUE
-N
LOT 9 1 LOT 8
TRACT 8307
345 M 83
DUBLIN BOULEVARD
VACATED EASEMENT:
ALL OF THE LANDSCAPE EASEMENT LYING WITHIN LOT 9
AS SHOWN ON TRACT NO. 8J07, FILED ON FEBRUARY 15,
2017, IN BOOK J45, PAGES 83 -88, ALAMEDA COUNTY
RECORDS
EXHIBIT A
PLAT OF
LANDSCAPE EASEMENT OVER
LOT 9, TRACT 8307, 345 M 83
CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA
SCOTT A. SHORTLI
MARCH 2, 2018
SAND S\
�`' P• S H pRT �G
C� �i0 �,c
c m
0
S. 6441
Gi \J.h2008 \081076BR \MAPPING \PLATS \TRACT 8307 -LOT 9 LEEdxg
1
RUGGERI- JENSEN -AZAR
ENGINEERS " PLANNER S " SURVEYORS
4690 CHABOT DRIVE, SUITE 200 PLEASANTON, CA 94588
PHONE: (925) 227 -9100 FAX: (925) 227 -9300
SCALE: DATE: JOB NO.:
1" = 30' 3 -2 -2018 081076BRl B