HomeMy WebLinkAboutItem 4.3 Heritage Park Ph 2 Pulte Homesor
19 82
/ii � 111
DATE:
TO:
FROM:
SUBJECT
STAFF REPORT
CITY COUNCIL
February 2, 2016
Honorable Mayor and City Councilmembers
CITY CLERK
File # 600 -60
Christopher L. Foss, City Manager "
Approval of Final Map and Quitclaim Deed and Acceptance of Park Land
Dedication In -Lieu Fees for Park Land Dedication Requirements for Tract 8230,
Heritage Park Phase 2 (Pulte Home Corporation)
Prepared by Jayson Imai, Senior Civil Engineer
EXECUTIVE SUMMARY:
Pulte Home Corporation is filing a Final Map for Tract 8230 (Heritage Park Phase 2) to create
25 developable lots for the construction of 25 single family homes. Tract 8230 is located on the
former Heritage Park Office Center property, bounded on the north by Tract 8160 (Heritage Park
Phase 1), on the east by San Ramon Road, on the South by Interstate Highway 580, and on the
west by Donlon Way. The proposed Quitclaim Deed would quitclaim vacated public right -of -way
on Donlon Way to Pulte Home Corporation in exchange for pavement rehabilitation on Donlon
Way from the project's southern boundary to Dublin Boulevard.
FINANCIAL IMPACT:
Park Land dedication requirements are proposed to be satisfied with payment of $184,450.00 in
Community Park Land In -Lieu Fees, $77,825.00 in Neighborhood Park Land In -Lieu Fees, and
$10,950.00 in Community Nature Parks Land In -Lieu Fees.
The developer previously executed a Tract Improvement Agreement and posted bonds to
guarantee the construction of tract improvements associated with both Tract 8160 (Heritage
Park Phase 1) and Tract 8230 (Heritage Park Phase 2) at the time the Final Map for Tract 8160
was approved by the City Council on July 21, 2015 (Resolution No. 124 -15). The developer will
be responsible for all construction inspection costs related to the improvements required for
Tract 8230. The Homeowners' Association will be responsible for maintaining the private
streets, private alleys, and project - related landscape features.
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution Approving Final Map and Quitclaim
Deed for Tract 8230, Heritage Park Phase 2, and adopt a Resolution Accepting Park Land
Dedication In -Lieu Fees for Park Land Dedication Requirements for Tract 8230, Heritage Park
Phase 2.
Page 1 of 3 ITEM NO. 4.3
", - .1
-4
Submitted By
Public Works Director
DESCRIPTION:
Reviewed By
Administrative
Services Director
'A., Reviewed By
Assistant City Manager
On July 21, 2015, the City Council approved the Final Map for Tract 8160 (Resolution No. 124-
15), which subdivided Parcels B and C of Parcel Map 10259 into 29 single family lots and seven
lettered parcels for future development. Pulte Home Corporation, a Michigan Corporation, is
now filing a Final Map for Tract 8230 to subdivide Parcels F and G of Tract 8160 into three
lettered parcels and 25 developable lots for the construction of 25 single family residential
homes, establish private streets and private alleys, and dedicate public service easements and
an emergency vehicle access easement (Attachment 1).
The Final Map for Tract 8230 vacates the most easterly five - foot -wide (5) strip of public right -of-
way on Donlon Way along the project frontage. In place of the vacated public right -of -way, the
Final Map for Tract 8230 dedicates a five - foot -wide (5) Public Service Easement (PSE),
preserving the interests and rights of all public utilities within vacated right -of -way. In
conjunction with the vacation of public right -of -way on Donlon Way, the City has prepared a
Quitclaim Deed which quitclaims the former public right -of -way to Pulte Home Corporation. In
exchange for the right -of -way and easement, Pulte Home Corporation has agreed to grind and
overlay the full width of existing pavement on Donlon Way from the most southern project
boundary to Dublin Boulevard. Staff has determined that the value of the pavement
rehabilitation on Donlon Way is justified compensation for the vacated right -of -way.
The Final Map for Tract 8230 has been reviewed and found to be in conformance with the
Vesting Tentative Map and Conditions of Approval adopted by Planning Commission Resolution
No. 14 -30 on June 10, 2014.
The Developer previously signed a Tract Improvement Agreement and posted the required
Faithful Performance and Labor & Materials Bonds to guarantee the construction of tract
improvements associated with both Tract 8160 (Heritage Park Phase 1) and Tract 8230
(Heritage Park Phase 2) at the time the Final Map for Tract 8160 was approved by the City
Council on July 21, 2015 (Resolution No. 124 -15).
The Developer will be responsible for all construction inspection costs related to the
improvements required for Tract 8230. All streets and alleys internal to Tract 8230 will be
privately owned and maintained by the Homeowner's Association.
Staff has prepared a Resolution Approving Final Map and Quitclaim Deed for Tract 8230,
Heritage Park Phase 2, (Attachments 2 and 3).
Park Land Dedication Requirements
Page 2 of 3
Pursuant to Dublin Municipal Code Chapter 9.28, a subdivider is required to dedicate park land
or pay a fee in -lieu of dedicating such land as a condition of final map approval.
Pulte Home Corporation proposes to make cash payments to satisfy both its Community Park
Land and Neighborhood Park Land dedication obligations, and the new Community Nature
Parks Land Fee which went to effect on October 15, 2015. The following table shows how Pulte
Home Corporation, will satisfy the Parkland requirements for Tract 8230:
Community Park Land 0.2025 acres $184,450.00 Payment of $184,450.00
Neighborhood Park Land 0.1150 acres $77,825.00 Payment of $77,825.00
Community Nature Parks Land 0.0200 acres $10,950.00 Payment of $10,950.00
The calculation of the acreage and /or in -lieu fees required is accomplished in accordance with
City of Dublin Municipal Code Chapter 9.28. Staff has prepared a Resolution Accepting Park
Land Dedication In -Lieu Fees for Park Land Dedication Requirements for Tract 8230, Heritage
Park (Attachment 4), which outlines the requirements and how Pulte Home Corporation will
achieve compliance.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
Public noticing occurred as part of the Tentative Map process. Approval of the Final Map is
affirmation of the Final Map's concurrence with the approved Tentative Map. Copies of this
report have been provided to Pulte Home Corporation
ATTACHMENTS:
1. Reduced Copy of Final Tract Map 8230
2. Resolution Approving Final Map and Quitclaim Deed for Tract 8230, Heritage Park Phase
2
3. Exhibit "A" to Resolution, Quitclaim Deed
4. Resolution Accepting Park Land Dedication In -Lieu Fees for Park Land Dedication
Requirements for Tract 8230, Heritage Park Phase 2
Page 3 of 3
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RESOLUTION NO. -16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING FINAL MAP AND QUITCLAIM DEED
FOR TRACT 8230, HERITAGE PARK PHASE 2
WHEREAS, the Final Map for Tract 8230, in the incorporated territory of the City of
Dublin, State of California, has been presented to this City Council for approval, all in
accordance with provisions of the Subdivision Map Act of the State of California and the City of
Dublin Municipal Code; and
WHEREAS, the Developer, Pulte Home Corporation, a Michigan Corporation, executed
and filed with the City of Dublin a Tract Improvement Agreement for Heritage Park on July 21,
2015 to construct required subdivision improvements for both Tract 8160 and Tract 8230 in
accordance with the Conditions of Approval for the Tentative Map; and
WHEREAS, said Tract Improvement Agreement for Tracts 8160 and 8230 is secured by
bonds furnished by Hartford Fire Insurance Company in the amount of $242,000.00 for public
improvements (Bond No. 59BSBGW4126), and $1,505,000.00 for private improvements (Bond
No. 59BSBGW4127), conditioned upon faithful performance of said Agreement; and
WHEREAS, said Tract Improvement Agreement for Tract 8160 and 8230 is secured by a
bond furnished by Hartford Fire Insurance Company in the amount of $242,000.00 for public
improvements (Bond No. 59BSBGW4126), and $1,505,000.00 for private improvements (Bond
No. 59BSBGW4127), conditioned upon payment for labor performed or material furnished under
the terms of said Agreement; and
WHEREAS, a Quitclaim Deed has been prepared that would quitclaim the most easterly
five foot strip of Donlon Way to Pulte Home Corporation in exchange for pavement rehabilitation
on Donlon Way between the southern boundary of Tract 8230 and Dublin Boulevard;
NOW, THEREFORE, BE IT RESOLVED that the Final Map for Tract 8230 be and the
same is hereby approved, and that the most easterly five foot strip of public right -of -way on
Donlon Way as delineated on said map is hereby vacated, and that rights to the Public Service
Easement (PSE) and Emergency Vehicle Access Easement (EVAE) offered for dedication to
public use in conformity with the terms of dedication be, and they are hereby accepted, subject
to improvement, and that the Clerk of this City Council is hereby directed to transmit said Map to
the County Recorder for filing.
BE IT FURTHER RESOLVED that said Quitclaim Deed is hereby approved.
BE IT FURTHER RESOLVED that the City Manager of the City of Dublin is hereby
authorized to execute said Quitclaim Deed, attached hereto as Exhibit "A."
1
PASSED, APPROVED AND ADOPTED this 2nd day of February 2016, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
Pulte Home Corporation
6120 Stoneridge Mall Road, Suite 500
Pleasanton, CA 94588
Consideration Less than $100.00
Exhibit A
THIS SPACE FOR RECORDER'S VISE ONLY
QUITCLAIM DEED
CITY OF DUBLIN
ADJACENT TO APN 941 - 1550 -007 & 008
DONLON WAY, DUBLIN, CA
THIS PAGE HERE TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Government Code 27361.6)
City of Dublin APN 941 - 1550 -007 & 008
Quitclaim Deed City ROW
QUITCLAIM DEED
For Value Received,
THE CITY OF DUBLIN, A MUNICIPAL CORPORATION, successor in interest to the
County of Alameda
does remise, release, and forever QUITCLAIM to
PULTE HOME CORPORATION, A MICHIGAN CORPORATION
the following described real property in the City of Dublin, County of Alameda, State
of California:
FOR LEGAL PLAT & DESCRIPTION SEE EXHIBIT "A ",
ATTACHED HERETO AND MADE A PART HEREOF
CITY OF DUBLIN, a Municipal Corporation
By: Christopher L. Foss
Title: City Manager
Date:
City of Dublin APN 941 - 1550 -007 & 008
Quitclaim Deed City ROW
CALIFORNIA ALL - PURPOSE
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of Alameda
On
before me,
a Notary Public, personally appeared
who 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 instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
City of Dublin APN 941 - 1550 -007 & 008
Quitclaim Deed City ROW
LEGAL DESCRIPTION
L(31uLON WAY
HERITAGE PARK PHASE 2
CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA
REAL PROPERTY, SITUATE IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE LAMS CONVEYED TO ALAMEDA COUNTY RECORDED MARCH
S, 1364 IN BOOK 0 OF DEEDS, PAGE 736, ALAMEDA COUNTY RECORDS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN ANGLE POINT IN THE NORTHWEST CORNER OF PARCEL F, AS
SAID PARCEL F IS SHOWN D SO DESIGNATED ON THAT CERTAIN TRACT NO
8160, FILED AUGUST 5, 2015 IN BOOK 333 OF MAPS, AT PAGES 39 THROUGH
47, IN SAID OFFICE OF THE COUNTY RECORDER OF ALAMEDA COUNTY;
THENCE, ALONG THE NORTHWEST LINE OF SAID PARCEL F, SOUTH 20c'04'47"
WEST 4.98 FEET TO THE POINT OF BEGINNING;
THENCE, ALONG THE WESTERLY LINE OF SAID PARCEL F AND PARCEL G AS SAID
PARCEL G IS SHOWN ON SAID TRACT NO. 8160, SOUTH 24-55'13" GUEST 439.24
FEET;
THENCE, CONTINUING ALONG THE WESTERLY LINE OF SAID PARCEL G, SOUTH
32 055'13" EAST 2.27 FEET;
THENCE, LEAVING SAID WESTERLY LINE ENTERING SAID PARCEL CONVEYED
TO ALAMEDA COUNTY, THE FOLLOWING WING THREE (3) COURSES:
1) SOUTH 66030'28" WEST 5.32 FEET;
2) NORTH 24"SS'13" WEST 430.35 FEET;
3) 'THENCE, NORTH 20004'47" EAST 7.07 FEET TO THE POINT OF
BEGINNING FOR THIS DESCRIPTION;
CONTAINING 2,195 SQUARE FEET OR 0.05 ACRES OF LAND, MORE OR LESS.
ATTACHED HERETO IS A PLAT TO ACCOMPANY LEGAL DESCRIPTIC3N, AND BY THIS
REFERENCE E A PART HEREOF.
E.II?lID OF ;II;)ESCRI:IL�"L..I[.G
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RESOLUTION NO. — 16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ACCEPTING PARK LAND DEDICATION IN -LIEU FEES FOR
PARK LAND DEDICATION REQUIREMENTS FOR
TRACT 8230, HERITAGE PARK PHASE 2
WHEREAS, pursuant to City of Dublin Municipal Code Chapter 9.28, each subdivider
of land for residential uses shall, as a Condition of Approval of a Final Subdivision Map,
dedicate or reserve lands, pay fees in lieu thereof, or a combination of both, for park and /or
recreational purposes; and
WHEREAS, the Developer, Pulte Home Corporation, a Michigan Corporation, is filing
Tract 8230 Final Map to develop 25 residential dwelling units on 25 lots; and
WHEREAS, the Park Land requirements for the project, based on the requirements of
the Municipal Code and the designated land use for Tract 8230 are 1) Dedication of 0.2025
acres of Community Park Land or payment of $184,450.00 in Community Park Land In -Lieu
Fees; and 2) Dedication of 0.1150 acres of Neighborhood Park Land or payment of
$77,825.00 in Neighborhood Parkland In -Lieu Fees; and 3) Dedication of 0.0200 acres of
Community Nature Parks Land or payment of $10,950.00 in Community Nature Parks Land
In -Lieu Fees; and
WHEREAS, Developer will satisfy the Community Park Land Dedication requirement
through the payment of in -lieu Park Dedication Fees; and
WHEREAS, Pulte Home Corporation, a Michigan Corporation has deposited with the
City of Dublin $184,450.00, which is the full amount required to satisfy the obligation for
Community Park Land In -Lieu Fees for Tract 8230; and
WHEREAS, Developer will satisfy the Neighborhood Park Land Dedication
requirement through the payment of in -lieu Park Dedication Fees; and
WHEREAS, Pulte Home Corporation, a Michigan Corporation has deposited with the
City of Dublin $77,825.00, which is the full amount required to satisfy the obligation for
Neighborhood Park Land In -Lieu Fees for Tract 8230; and
WHEREAS, Developer will satisfy the new Community Nature Parks Land Dedication
requirement, which went to effect on October 15, 2015, through the payment of in -lieu Park
Dedication Fees; and
WHEREAS, Pulte Home Corporation, a Michigan Corporation has deposited with the
City of Dublin $10,950.00, which is the full amount required to satisfy the obligation for the
new Community Nature Parks Land In -Lieu Fees for Tract 8230;
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NOW, THEREFORE, BE IT RESOLVED that the payment of $184,450.00 of
Community Park Land in -lieu fees, and $77,825.00 in Neighborhood Park Land in -lieu fees,
and $10,950.00 in New Community Nature Parks Land are hereby accepted as performance
of said subdivider's obligation under Subdivision Requirements in Chapter 9.28 of the Dublin
Municipal Code.
PASSED, APPROVED AND ADOPTED this 2nd day of February 2016, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
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Mayor