HomeMy WebLinkAbout4.3 Storm Drain Easement Hanson Dr Ccti DtW17J13 (4210-"-0
AGENDA STATEMENT
Meeting Date: September 13, 1982
SUBJECT : Storm Drain Easement Quitclaim - Vicinity of Hansen Drive
EXHIBITS ATTACHED : Letter from Paul Lanferman dated July 20, 1982; (2) Resolutions;
Quitclaim Deed; Map identifying location of easement.
RECOMMENDATION : Adopt Resolutions be
FINANCIAL STATEMENT: None
DESCRIPTION : The City has been notified by the County of Alameda Flood Control
District by request from AE Realty Partners, developer of Tract 4236,
to exchange easement rights in order to reflect the change in location
of the Flood Control District's Line J-2. As indicated in Mr. Lanferman's
letter dated July 20, 1982, the flood control district acquired a storm
drain easement in 1969 between San Ramon Road and Hansen Drive in the
vicinity of the easement located in Tract 4236. This easement is a
cloud on the title and AE Realty Partners would like to have that
removed. It should also be pointed out that in 1979 when the tract
map for tract 4236 was filed, an offer of dedication was made to the
County of Alameda and was rejected by the Board of Supervisors.
Apparently it has been the County Road Department's policy that if a
storm drain does not drain a public road, the County would reject any
offer of dedication. In the meantime, the portion of Line J-2 which was
approved for construction by the Flood Control District was built on
that storm drain easement which was rejected by the County Board of
Supervisors. In order to clear the cloud on the title as requested by
AE Realty Partners, the Flood Control District has requested an exchange
which would result in the vacation of the easement acquired in 1969 in
exchange for the easement previously rejected by the County. Since the
City of Dublin is now the governing agency which has control over this
matter, only the City has the ability to accomplish this exchange. It
is Staff's recommendation that the City Council take the following
actions in order to accomplish this exchange:
1 ) Adopt a resolution rescending the previous rejection of that portion
of the storm drain easement line along the southerly boundary of
lot 61 through 73 only tract 4236, and accept that offer of dedication.
2) Adopt a resolution quitclaiming the storm drain easement to Alameda
County Flood Control and Water Conservation District and authorize
the execution of the Quitclaim Deed.
ITEM NO. '. 3 Copies to: Richard Gordon, Alameda County
Flood Control Dist
nr n_._ _ _
AGENDA STATEMENT STORM DRAIN EASEMENT QUITCLAIM - VICINITY OF HANSEN DRIVE Page 2
3) Forward a certified copy of both resolutions and a fully executed Quitclaim Deed to
the Flood Control District Office.
a
o�`a ',), COUNTY OF ALAMEDA
PUBLIC WORKS AGENCY
ALAMEDA COUNTY FLOOD CONTROL C
AND D
� WATER CONSERVATION DISTRICT
ns«i may.
-sourcess/ 399 Elmhurst Street • Hayward, CA 94544-1395 • (415) 881-6470
July 20. 1982
Mr. Richard C. Ambrose E C I V E D
City Manager
City of Dublin JUL 2 2 982
P.O. Box 2340 CITY QF DU
Dublin, CA 94568 BUN
Re: Zone 7, Line J-2 R/W - Nos. 6999, 7000
Dear Mr. Ambrose:
In 1969, the Flood Control District acquired a storm drain easement
10 feet wide, between San Ramon Road and Hansen Drive, Dublin, for the construc-
tion of Line J-2, an approved Zone No. 7 project. With the development of
Tract 4236, a portion of this storm drain facility was relocated to an area
marked "S.D.E." (Storm Drain Easement) on the filed map (refer: Book 115 of
Maps, pages 38-42, filed December 27, 1979) . This easement was offered for
dedication to the County of Alameda, but the offer was rejected by the Board
of Supervisors (refer: Resolution No. 185510, December 18, 1979).
AE Realty Partners, developer of Tract 4236, has requested an exchange
of easement rights to reflect the change in location of Line J-2 in the subject
area. This District concurs in the developer' s request.
In view of the foregoing, it is hereby respectfully requested that
the City of Dublin take the following actions:
(a) Rescind the previous rejection of that portion of the
Storm Drain Easement lying along the southerly boundary
of Lots 61 through 73 only, Tract 4236, and accept the
same, by resolution.
(b) Quitclaim all right, title and interest in and to the
above described easement to Alameda County Flood Control and
Water Conservation District, by resolution and Quitclaim
Deed.
(c) Forward a certified copy of the resolution of recission
and acceptance to this office.
(d) Forward a fully executed Quitclaim Deed, (b) above, to
this office.
0 0
Mr. Richard C. Ambrose
July 20, 982
Page Two
Upon receipt of the above documents, the Quitclaim Deed will be
accepted by the District Board of Supervisors, and we will then proceed to
record (first) the resolution, and (second) the Quitclaim Deed. After this
has been accomplished, the District will proceed to vacate the superseded
portion of the existing easement.
Suggested resolution and deed forms are enclosed, as is a print of
the map of Tract 4236 showing the portion of easement proposed for acceptance
outlined in yellow. The center line of the portion of existing easement,
proposed to be vacated, is shown in red.
If you have any questions in this matter, please do not hesitate
to call the undersigned at 881-6463.
Very truly yours,
PAUL E. LANFERMAN
ENGINEER-MANAGER
By gdmi
RICHARD B. GORDON
RIGHT OF WAY AGENT
PEL:RBG:Ja
Enclosure
cc: Zone 7
AE Realty Partners
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I .
DRAFT
CITY OF DUBLIN RESOLUTION
RESCIND RECORD RESOLUTION.
ERTAIN
PORTION RESOLUTION
WHEREAS, by Resolution No. 185510, adopted December 18, 1979, the Alameda
County Board of Supervisors did reject the offer of dedication of those strips of
land marked "S.D.E." or "Storm Drain Easement" shown on that certain map entitled
"Tract 4236 A Resubdivision of Tract 3265" etc. , filed December 27, 1979, in Book 115
of Maps at pages 38-42 thereof, Records of Alameda County, California; and
WHEREAS, the hereinafter described portion of "S.D.E." , as shown on said map,
has superseded an existing Alameda County Flood Control and Water Conservation
District storm drain easement;
NOW, THEREFORE, BE IT RESOLVED, pursuant to the authority of Section 66477.2(a)
of the Government Code of the State of California, that this City Council does and it
hereby rescinds the previous rejection of the offer of dedication of that certain
portion of "S.D.E.", particularly designated and described as folows:
No. 7000
Assessor' s 941-113-141 through 153 (Pors.)
All that certain real property situated in the City of Dublin, County of
Alameda, State of California, described as follows:
COMMENCING at the most easterly corner of Lot 61, as said lot is delineated
and so designated on that certain map entitled "Tract 4236 A Resubdivision of
Tract 3265, Pleasanton Township, in the unincorporated territory of the County
of Alameda, California" etc. , filed December 27, 1979, in Book 115 of Maps at
pages 38-42 thereof, Records of Alameda County, California, and running thence
along the southeasterly line of said Lot 61 and along the southeasterly line of
Lots 62, 63, 64, 65, 66 and 67 South 68° 25' 45" West (the bearing of said
southeasterly lines being taken as South 68° 25' 45" West for the purpose of
making this description) , 309.76 feet; thence continuing along said southeasterly
line of Lot 67 and along the southeasterly lines of Lots 68, 69, 70, 71, 72 and 73
South 68° 35' 20" West, 367.92 feet to the northeasterly line of Hansen Drive,
as said drive is shown on the aforesaid map; thence along said northeasterly
line of Hansen Drive North 21° 34' 15" West, 26.56 feet; thence leaving said
northeasterly line easterly on the arc of a curve to the right, tangent at last
said point to a course which bears South 89° 18' 58" East, the radius of which
curve is 95.00 feet, through a central angle of 7° 32' 01", a distance on said
arc of 12.49 feet to a point of reverse curvature, tangent at last said point to
a course which bears South 81° 46' 57" East; thence easterly and northeasterly
on the arc of a curve to the left, tangent to last said course, the radius of
which curve is 85.00 feet, through a central angle of 29° 37' 43", a distance on
said arc of 43.95 feet; thence tangent to last said curve North 68° 35' 20" East,
240.70 feet; thence northeasterly on the arc of a curve to the left, tangent
to last said course, the radius of which curve is 85.00 feet, through a
0
I .
central angle of 21° 20' 36", a distance on said arc of 31.66 feet to a point of reverse
curvature, tangent at last said point to a course which bears North 47° 14' 44" East;
thence northeasterly on the arc of a curve to the right, tangent to last said course,
the radius of which curve is 95.00 feet, through a central angle of 22° 57' 53", a dis-
tance on said arc of 38.08 feet; thence tangent to last said curve North 70° 12' 37" East,
314.90 feet to the northeasterly line of the aforesaid Lot 61, Tract 4236; thence
along said northeasterly line South 25° 16' 43" East, 12.55 feet to the point
of commencement.
Containing 0.227 acre (9867 square feet) , more or less, and being a portion
of said Lots 61 through 73, Tract 4236.
AND BE IT FURTHER RESOLVED, that the offer of dedication made by A. E. Realty
Partners, a California general partnership, dated December 10, 1979, on the aforesaid
map of Tract 4236, be and the same is hereby accepted as to the hereinabove described
portion thereof, only; and
BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to
cause a certified copy of this resolution to be recorded at the office of the Recorder
of Alameda County.
Q
DRAFT
CITY OF DUBLIN RESOLUTION
Quitclaim Storm Drain Easement to Alameda County Flood Control and Water
Conservation District.
WHEREAS, this City Council has heretofore accepted a Storm Drain Easement upon
the hereinafter described real property, at the request of the Alameda County Flood
Control and Water Conservation District; and
WHEREAS, said easement is not required for the uses and purposes of the City
of Dublin and the same is required for public purposes by the Alameda County Flood
Control and Water Conservation District;
NOW, THEREFORE, BE IT RESOLVED, that this City Council does and it hereby
approves and authorizes the quitclaim and release of all right, title and interest
of the City of Dublin in and to the hereinafter described real property, to the
Alameda County Flood Control and Water Conservation District; and
BE IT FURTHER RESOLVED, that the real property hereinbefore referred to is
particularly designated and described as:
No. 7000
Assessor' s 941-113-141 through 153 (Pors.)
All that certain real property situated in the City of Dublin, County of
Alameda, State of California, described as follows:
COMMENCING at the most easterly corner of Lot 61, as said lot is delineated
and so designated on that certain map entitled "Tract 4236 A Resubdivision of
Tract 3265, Pleasanton Township, in the unincorporated territory of the County
of Alameda, California" etc. , filed December 27, 1979, in Book 115 of Maps at
pages 38-42 thereof, Records of Alameda County, California, and running thence
along the southeasterly line of said Lot 61 and along the southeasterly line of
Lots 62, 63, 64, 65, 66 and 67 South 68° 25' 45" West (the bearing of said
southeasterly lines being taken as South 68° 25' 45" West for the purpose of
making this description) , 309.76 feet; thence continuing along said southeasterly
line of Lot 67 and along the southeasterly lines of Lots 68, 69, 70, 71, 72 and 73
South 68° 35' 20" West, 367.92 feet to the northeasterly line of Hansen Drive,
as said drive is shown on the aforesaid map; thence along said northeasterly
line of Hansen Drive North 21° 34' 15" West, 26.56 feet; thence leaving said
northeasterly line easterly on the arc of a curve to the right, tangent at last
said point to a course which bears South 89° 18' 58" East, the radius of which
curve is 95.00 feet, through a central angle of 7° 32' 01", a distance on said
arc of 12.49 feet to a point of reverse curvature, tangent at last said point to
a course which bears South 81° 46' 57" East; thence easterly and northeasterly
on the arc of a curve to the left, tangent to last said course, the radius of
which curve is 85.00 feet, through a central angle of 29° 37' 43" , a distance on
said arc of 43.95 feet; thence tangent to last said curve North 68° 35' 20" East,
240.70 feet; thence northeasterly on the arc of a curve to the left, tangent to
last said course, the radius of which curve is 85.00 feet, through a central angle
of 21° 20' 36", a distance on said arc of 31.66 feet to a point of reverse curvature, .
tangent at last said point to a course which bears North 47° 14' 44" East; thence
northeasterly on the arc of a curve to the right, tangent to last said course, the
radius of which curve is 95.00 feet, through a central angle of 22° 57' 53", a dis-
tance on said arc of 38.08 feet; thence tangent to last said curve North 70° 12' 37" East,
314.90 feet to the northeasterly line of the aforesaid Lot 61, Tract 4236; thence along
said northeasterly line South 25° 16' 43" East, 12.55 feet to the point of commencement.
Containing 0.227 acre (9867 square feet) , more or less; and being a portion
of said Lots 61 through 73, Tract 4236.
AND BE IT FURTHER RESOLVED, that the Mayor be and he is hereby authorized
and directed to execute, on behalf of the City of Dublin, a municipal corporation
of the State of California (GRANTOR) , a Quitclaim Deed, quitclaiming and releasing
unto Alameda County Flood Control and Water Conservation District, a body corporate
and politic (GRANTEE) , all of GRANTOR'S right, title and interest in and to the
hereinabove described real property; and
BE IT FURTHER RESOLVED, that upon execution, said Quitclaim Deed shall be
delivered to GRANTEE for acceptance and recordation.
Zone 7, Line J-2
No. 7000
•
RECORDED AT REQUEST OF:
GRANTEE
WHEN RECORDED, MAIL TO:
Alameda County Flood Control
399 Elmhurst Street
Hayward, CA 94544
QUITCLAIM DEED
The CITY OF DUBLIN, a municipal corporation of the State of California, GRANTOR,
does hereby QUITCLAIM and RELEASE unto
ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and
politic, GRANTEE,
all right, title and interest in and to that certain Storm Drain Easement designated
as "No. 7000" and described in City Council of City of Dublin Resolution No.
adopted , 19 , a certified copy of which is attached hereto and
is a part hereof.
IN WITNESS WHEREOF, this document is duly executed, pursuant to said resolution.
Dated: CITY OF DUBLIN
By:
Attest: , its Mayor
City Clerk, City of Dublin
STATE OF CALIFORNIA) ss
COUNTY OF ALAMEDA )
On this day of , 19 , before me,
, a Notary Public, State oTCalifornia, duly commissioned
and sworn, personally appeared , known to me to be the
Mayor of the City of Dublin, a municipal corporation of the State of
California, that executed the within instrument on behalf of the municipal corporation
therein named, and known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same on behalf of said
municipal corporation pursuant to law 6F—a- resolution of its City Council .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the
County of Alameda the day and year in this certificate first above written.
} Notary Public, State of California
'6
CC Meeting: September 3, 1982
Attachment missing: Map identifying location of
easement