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HomeMy WebLinkAbout4.02AcceptQuitClmDeedCmpPrkCITY OF DUB'L-IN AGENDA STATEMENT City Council Meeting Date: August 22, 1994 SUBJECT: Acceptance of Quitclaim Deed Dublin Boulevard Extension Through Camp Parks Report by: Public Works Director Lee Thompson EXHIBITS ATTACHED: 1) Resolution 2) Quitclaim Deed 3) Location Map RECOMMENDATION: ~ A~ Adopt resolution accepting quitclaim deed and authorizing the City Manager to sign the Certificate of Acceptance on behalf of the City of Dublin. FINANCIAL STATEMENT: Acceptance of this deed transfers the land under the existing Dublin Boulevard improvements as well as that for future improvements through Camp Parks lands as part of a three-way land exchange. The Alameda County Surplus Property Authority will be given credit for the value of this right-of-way against future assessments, fees, and/or exactions levied against future development on the County Surplus Property Authority lands. An appraisal will have to be undertaken to determine the value of this land to establish the amount of credit. DESCRIPTION: In 1991, the Cities of Dublin and Pleasanton, the County of Alameda, and Alameda County's Surplus Property Authority entered into an agreement for the construction of the extension of Dublin Boulevard and Hacienda Drive, all located between the Southern Pacific Railroad right-of-way and Tassajara Road. The rights-of-way for these roadways were to be obtained by the following agencies and transferred to the City of Dublin. 1) Dublin was to obtain the right-of-way across the Southern Pacific Railroad property. 2) Alameda County was to deed a right-of-way across the County's 50-foot transportation corridor parallel to and adjacent to the Southern Pacific Railroad right-of-way. 3) The Surplus Property Authority was to deed a right-of-way through its lands. 4) Alameda County, through a three-party land exchange with the Army and East Bay Regional Park District, was to obtain and dedicate, or arrange for dedication to Dublin, for the right- of-way through Camp Parks lands. The three-way land exchange did take special Federal legislation and several years of negotiations. The exchange has now come to fruition, and the Quitclaim Deed from the Federal Government has been delivered to Dublin for acceptance. Staff recommends that the City Council accept this Quitclaim Deed and authorize the City Manager to sign the Certificate of Acceptance on behalf of the City of Dublin. Department of the Army I '" ' '~' -- ' ~ ! Surplus Property Authority ...... ' I..a I 161'710H2101 DBXX RESOLUTION NO. -94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTING QUITCLAIM DEED FROM UNITED STATES OF AMERICA FOR ROAD RIGHT-OF-WAY FOR DUBLIN BOULEVARD WHEREAS, in 1991, the City of Dublin entered into an Agreement with the City of Pleasanton, the County of Alameda, and the County of Alameda's Surplus Property Authority for construction of the extension of Dublin Boulevard and Hacienda Drive between the Southern Pacific Railroad right-of-way and Tassajara Road; and WHEREAS, said Agreement provided that the County of Alameda would take steps necessary to obtain and dedicate, or arrange for dedication of, right-of-way through Federally-held property on Camp Parks; and WHEREAS, the County of Alameda has obtained a Quitclaim Deed from the United States of America to the City of Dublin for road right-of-way for Dublin Boulevard; and WHEREAS, said Quitclaim Deed is acceptable to the City of Dublin; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby accept the quitclaim deed attached hereto as Exhibit "A." BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Certificate of Acceptance. PASSED, APPROVED, AND ADOPTED this 22nd day of August, 1994. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk a.'f9495) lauguxtlresoquit EXHIBIT "A" OF RESOLUTION WHEN RECORDED RETURN TO: No Documentary transfer tax due Attorney QUITCLAIM DEED THIS INDENTURE, made and entered into between the UNITED STATES OF AMERICA, hereinafter referred to as Grantor, acting by and through the Secretary of the Army pursuant to Section 2821, Part C, National Defense Appropriations Act for FY 1989, Public Law 100-456 dated 28 September 1988 and the CITY OF DUBLIN, State of California, hereinafter referred to as the Grantee. WITNESSETH THAT: WHEREAS, the UNITED STATES is the owner of that certain real property situated in the City of Dublin, County of Alameda, State of California, known as the Transportation Area and identified as such in the certain Three-Party Exchange Agreement between County of Alameda, East Bay Regional Park District and the UNITED STATES of America pertaining to exchanges of land at Parks Reserve Forces Training Area herein after referred to as said Agreement; and, WHEREAS, the parties agreed to conclude a simultaneous three-party exchange of their properties whereby, as identified in said Agreement, the Tassajara Property will be conveyed by the East Bay Regional Park District, to the UNITED STATES; the Arroyo Property will be conveyed by the County of Alameda, California, to the District; and the Transportation Area Property will be conveyed by the UNITED STATES to the County of Alameda; and, for the convenience of the County and for the benefit of County's County-wide road transportation system, the Road Extension Property will be conveyed by the Army to the City of Dublin, all of which is stipulated in said Agreement; and, WHEREAS, the UNITED STATES, having independently considered and thoroughly investigated the matter, the UNITED STATES declares that the property it will receive in this exchange and the property conveyed by this instrument have substantially equal value and the property hereby granted by this instrument is so done for good and valuable consideration as specified in said Agreement; and, WHEREAS, the environmental issues have been addressed in: The Environmental Impact Report for the Dublin-Pleasanton Extension Project, certified on 8 February 1990, which is available for review at Bay Area Rapid Transit District offices, Oakland California, The Final Preliminary Assessment Screening of September 1991, and the Preliminary Assessment Screening of December 1993, prepared by Woodward-Clyde which is available at the offices of the U.S. Army Corps of Engineers, Sacramento District, 1325 "J", Sacramento, California; and, WHEREAS, the UNITED STATES is conveying its real and personal property in an "AS IS CONDITION" which includes, without limitation, all physical, structural, mechanical or eleclxical components with existing defects, if any, on any portion of the property conveyed, and all defects or conditions of the soil, including geologic hazards, if any, in, under or upon such Property. Each party to said Agreement has conducted its own investigation of the Property it will receive under the terms of said Agreement and is relying solely on the provisions of Section 4.1 of said Agreement and on such investigation as to the condition thereof. NOW, THEREFORE, the UNITED STATES, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby REMISE, RELEASE and forever QUITCLAIM, unto the City of Dublin, State of California, their successors, or assigns, subject to certain reservations as specified below, all such interest, right, ritle, demand and claim, as the UNITED STATES has in and to that certain real property lying and being in the County of Alameda, State of California, described in Exhibit "A" attached hereto and made a part hereof, restrictions and conditions, exceptions, and reservation of property and rights hereinafter set out. The property is conveyed on an as is basis and the government does not warrant that the property can be used for its intended purposes. Excepting from this conveyance existing easements and rights of way, whether recorded or not, and reserving to the UNITED STATES Perpetual and assignable Easements for and of such type and extent as are required for the purpose of operating, maintaining, erecting, replacing or removing such utilities as exist in the above described area and are owned by the UNITED STATES to include gas lines, electrical lines, telephone lines, sewer lines, water lines, and drainage systems; and, Further excepting from this conveyance utility easements as may be required and as currently exist, by entities owning and supplying such services to the UNITED STATES. 2 TO HAVE AND TO HOLD the above quitclaim premises, together with all the hereditament and appurtenances thereunto belonging or in any way appertaining to the said Grantee and its assigns forever. This conveyance is not subject to the provisions of 10 USC 2662. WITNESS MY HAND AND SEAL, this ! S~ day of ...~u ,~ F-_ ,1994. THE UNITED ST~ OF AMERICA .- SE~TAR~Y OF THE ARMY ACKNOWLEDEGMENT UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA COUNTY OF ARLINGTON BEFORE ME, A Notary Public in and for the Commonwealth of Virginia, County of Arlington, personally appeared '7~d>~o ~>' 6o/~ $ "F) ~'~ , to me known to be the identical person, an officer whose name is subscribed to the foregoing instrument, and who acknowledged to me that he executed the said instrument in the capacity therein stated for the purposes therein expressed as the act and deed of the United States of America. Given under my hand and seal, this day of ~m~-~ .... , 1994. NOTARY PUBLIC ~ My Commission Expires: 3 PARKS RESERVE FORCES TRAINING AREA PARCEL 1 A PORTION OF TRACT A Ail that certain real property situated in the City of Dublin, County of Alameda, State of California, more particularly described as follows: A strip of land having the universal width of 160.00 feet, right angle measurement, being 65.00 feet on the southerly and southeasterly side and 95.00 on the northerly and northwesterly side'of the herein described center line: COMMENCING for reference at the southeastern corner of lot 5, as said lot is delineated and so designated on that certain map entitled "Tract 4978" etc., filed June 5, 1984, in Book 145 of Maps at pages 3 through 5 thereof, Records of Alameda County, California, and running thence along the northeastern line of said lot 5' 'said line also being the southwestern line of that certain parcel of land described as Parcel 3 in the deed from The Southern Pacific Transportation Company, a Delaware corporation, to the County of Alameda, dated November 27, 1985, and recorded December 12, 1985, as Series No. 85-264889, Official Records of Alameda County, California, North 46© 29' 26" West (the bearing of said line being taken as North 46© 29' 26 West for the purpose of making this description), 49.77 feet to an intersection thereof with a line drawn parallel with the southern line of said Lot 5, Tract 4978 and distant northerly, 33.50 feet measured at right angles thereto; thence along said parallel line and the direct production easterly thereof, South 88© 47' 37" East, 148.58 feet to a point on the northeastern line of the aforesaid Parcel 3 (85-264889), last said point also being the TRUE POINT OF BEGINNING; thence, continuing along said line so produced, South 88© 47' 37" East, 1109.89 feet; thence, leaving said line so produced, easterly and northeasterly on the arc of a curve to the left, tangent to last said course, the radius of which curve is 2000.00 feet, through a central angle of 38© 27' 31", a distance on said arc of 1342.46 feet; thence, tangent to last said curve, North 52© 44' 52" East, 797.72 feet to a point on the center line of former County Road No. 7292, commonly known as Arnold Road, formerly Oxsen Road, said point being distant along said center line, South 1© 23' 25" West, 589.00 feet from that certain point marked by a concrete monument, and designated as "28" on that certain Record of Survey No. 385, filed October 28, 1970, in Book 8 of Record of Surveys at pages 27 through 29 thereof, Records of Alameda County, California. CONTAINING 12.01 acres, more or less. The sidelines of said strip of land to be lengthened or shortened to extend between said northeastern line of said parcel of land (85-264889), and said center line of former County Road No. 7292, as shown on said Record of Survey No. 385. DATE: 03 May 1994 Prepared by: WD Checked by: DF EXHIBIT A QUITCLAIM DEED CITY OF DUBLIN CITY OF DUBLIN CERTIFICATE OF ACCEPTANCE (California Government Code 27281) This is to certify that the Quitclaim Deed dated June 1, 1994, between the United States of America Department of the Army and the city of Dublin, a Municipal Corporation and governmental agency, is accepted by the undersigned officer or agent on behalf of the city Council of the City of Dublin, pursuant to authority conferred by Resolution No. 24-87 of the Dublin City Council adopted on April 13, 1987, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: July 11, 1994 By: Richard C. Ambrose City Manager DRIVE