HomeMy WebLinkAboutReso 124-16 Unused right of way St. Patrick Way RESOLUTION NO. 124 - 16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
SUMMARILY VACATING UNUSED RIGHT-OF-WAY ON
SAINT PATRICK WAY AND APPROVING QUITCLAIM DEED
WHEREAS, Section 8331 of the California Streets and Highways Code provides for the
summary vacation of street right-of-way; and
WHEREAS, Essex Dublin Owner LP requests to summarily vacate approximately eight square
feet of right-of-way along Saint Patrick Way, as depicted on Exhibit A to this resolution; and
WHEREAS, the street right-of-way was dedicated to the public in fee in April 2011 with Parcel
Map 10027, Book 318, Pages 14-18 in the Alameda County Official Records; and
WHEREAS, Section 8331 of the California Streets and Highways Code authorizes the City
Council to summarily vacate street right-of-way if, for a period of five consecutive years, the street
has been impassable for vehicular traffic and no public money was expended for maintenance on the
street; and
WHEREAS, at their meeting on May 24, 2016, the Planning Commission found the proposed
vacation to be in conformance with the Dublin General Plan pursuant to Section 65402 of the
Government Code; and
WHEREAS, a Quitclaim Deed has been prepared that would quitclaim the eight square feet of
right-of-way on Saint Patrick Way to Essex Dublin Owner LP.
NOW, THEREFORE, BE IT RESOLVED that the City Council finds that
A) For a period of five consecutive years, the right-of-way to be vacated has been impassable
for vehicular traffic and no public money was expended for maintenance on the right-of-
way.
B) All utility companies providing service in the project area have been notified about the
proposed vacation and have not objected.
C) The vacation of the right-of-way is in conformance with the City's General Plan.
D) The proposed vacation of the right-of-way is categorically exempt from review under the
California Environmental Quality Act (CEQA) pursuant to Title 14 California Code of
Regulations, CEQA Guidelines Section 15301, Existing Facilities.
BE IT FURTHER RESOLVED that based on the findings made and the provisions of Section
8331 of the Streets and Highways Code, the City Council orders that the eight square feet of right-of-
way on Saint Patrick Way, as shown on Exhibit A, is summarily vacated.
Page 1 of 2
BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to transmit
a certified copy of this resolution to be recorded in the office of the County Recorder of Alameda.
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 B.
PASSED, APPROVED AND ADOPTED this 19th day of July, 2016, by the following vote:
AYES: Councilmembers Biddle, Gupta, Hart, Wehrenberg, and Mayor Haubert
NOES: None
ABSENT: None
ABSTAIN: None
6 Mayor
ATTEST:
ar/o (
City Clerk
Reso No. 124-16,Adopted 7-19-16, Item 4.5 Page 1 of 1
S
LEGEND
—-.- —— SUBJECT BOUNDARY 'LINE
— - — — — EASEMENT LINE LAND s
— - - — OTHER PROPERTY LINEy K C GF NCR
POB POINT.OF BEGINNINGii zt
M MAPS
ROW RIGHT OF WAY • No 6627 .
(R) RADIAL BEARING * ExP• 12-31-17 .* 0 2 4 8
SF SQUARE FEET �y� R��P 1" =■4'F CALICO Scale 1 4 ft
. ST. PATRICK WAY
LANDS OF
•
CITY OF DUBLIN I--
POB ROW DEDICATION I3
PER 318 M 14 .
I r 8± SF. I(.4 -
N24'08'15"E 0.88' N69'08'15"E 21.17' j z _
R=486.00' D=2'34'14" L=21.80'
s� • • PSE DEDICATION
��,<s- �io�� PER 318 M 14 - — — — _ _ _ _ _ _ _ _ —
co-,— R=490.00' D=5°27'11" L=46.64'
<c,c° OT J
•c93 ANDS DC OP r CCrx 3 J 8 i\A J4
PO'RrrOI 10, LP .
041-7842-00-.1
SCALE 1" = 4'
k KIER & WRIGHT EXHIBIT 'B' J A01604-3
yr CIVIL ENGINEERS & SURVEYORS, INC.
GRANT DEED JOBNO.
GKL
2850 Collier Canyon Road Phone 925-245-8788 DATE APRIL 2016
Livermore, California 94551 Fax 925-245-8796
` DUBLIN, CALIFORNIA SHEET 1 OF 1
Z:\2001\A016.04-3\survey\A01604-3—LLA.dwg 6/23/2014 1 :52:45 PM PDT
EXHIBIT "A"
LEGAL DESCRIPTION
CITY OF DUBLIN ROW PARCEL
ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A PORTION OF LOT 1, AS SAID LOT IS SHOWN ON PARCEL MAP 10027, FILED FOR
RECORD JULY 25, 2011, IN BOOK 318 OF MAPS, AT PAGE 14, OFFICIAL RECORDS OF ALAMEDA
COUNTY;
ALSO BEING ALL OF THAT PARCEL DESIGNATED AS"ROW DEDICATION" LOCATED AT THE
NORTHWESTERLY CORNER OF SAID LOT 1,AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWESTERN CORNER OF LOT 1 AS SHOWN ON SAID MAP, SAID POINT
ALSO BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE DESIGNATED AS
NORTH 24° 08' 15" EAST, 63.64 FEET ON SAID MAP;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 1 NORTH 69° 08' 15" EAST, 21.17 FEET, TO
THE NORTHEASTERLY CORNER OF SAID "ROW DEDICATION" PARCEL;
THENCE LEAVING SAID LINE ALONG A NON-TANGENT 486.00 FOOT RADIUS CURVE TO THE
RIGHT, THE CENTER OF WHICH BEARS NORTH 23°46' 37" EAST, THROUGH A CENTRAL ANGLE
OF 02° 34' 14", AN ARC DISTANCE OF 21.80 FEET TO A POINT ON THE WESTERLY LINE OF SAID
LOT 1 (318 M 14), SAID POINT ALSO BEING THE SOUTHWESTERLY CORNER OF SAID "ROW
DEDICATION" PARCEL;
THENCE ALONG SAID WESTERLY LINE, NORTH 24° 08' 15" EAST, 0.88 FEET, TO THE POINT OF
BEGINNING.
CONTAINING 8+/-SQUARE FEET OF LAND.
KIER &WRIGHT CIVIL ENGINEERS & SURVEYORS, INC.
GARY K. LAMB, LS NO. 6627 DATE
LICENSE EXPIRES: 12-31-2017
W:\2001\A01604-3\Documents\Legal Descriptions\A01604-3 GRANT DEED ROW PARCEL.doc
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
Essex Dublin Owner LP
Attn:John Eudy,Executive VP
925 East Meadow Drive
Palo Alto,CA 94303
THIS SPACE FOR RECORDER'S U.E ONLY
R&T Code 11911 —Lot Line Adjustment
QUITCLAIM DEED
CITY OF DUBLIN
ADJACENT TO APN 941-2842-001
SAINT PATRICK WAY, DUBLIN, CA
THIS PAGE HERE TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Government Code 27361.6)
City of Dublin APN 941-2842-001
Quitclaim Deed City ROW
•
QUITCLAIM DEED
For Value Received,
THE CITY OF DUBLIN, A MUNICIPAL CORPORATION
does remise, release, and forever QUITCLAIM to
ESSEX DUBLIN OWNER, LP,A CALIFORNIA LIMITED PARTNERSHIP
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 941-2842-001
Quitclaim Deed City ROW
CALIFORNIA ALL-PURPOSE
I
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 941-2842-001
Quitclaim Deed City ROW