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Home My WebLink About4.9 Accept Quit Claim of Easement and Grant of Easement to DSRSD for Water Line on the Maintenance Corporation Yard PropertySTAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.9 DATE:July 20, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Accept Quit Claim of Easement and Grant of Easement to DSRSD for Water Line on the Maintenance Corporation Yard Property Prepared by: Laurie Sucgang, City Engineer EXECUTIVE SUMMARY: The City Council will consider accepting a quit claim of easement over the location of a former water line and granting a new easement over the new location of the water line on the City of Dublin Maintenance Corporation Yard property at 5777 Scarlett Court, Assessor’s Parcel No. 941- 550-77-1. STAFF RECOMMENDATION: Adopt the Resolution Accepting Quit Claim of Easement from DSRSD and Granting Easement to DSRSD for Water Line Purposes Over a Portion of Assessor Parcel Number 941-550-77-1. FINANCIAL IMPACT: There is no impact to the General Fund to effectuate the quit claim of easement and grant of easement. All costs associated with preparing and reviewing the documents, legal description and plat map are charged to the Maintenance Yard Facility Improvements Project, CIP No. GI0509, as this is one of the close out items for the project. DESCRIPTION: The construction of the Maintenance Yard Facility Improvements Project, CIP No. GI0509, necessitated the relocation of an existing water line owned by the Dublin San Ramon Services District (DSRSD). DSRSD relocated the water line as required by the City. The City and DSRSD now desire to move the water line easement over the new location of the water line. Staff recommends accepting the quit claim of easement over the former location of the water line and granting a new easement over the new water line location. DSRSD Staff will take this same item and recommendation to the DSRSD Board on or near July 20, 180 Page 2 of 2 2021. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Accepting Quit Claim of Easement from DSRSD and Granting Easement to DSRSD for Water Line Purposes Over a Portion of Assessor Parcel Number 941-550-77-1 2) Exhibit A to the Resolution – Quit Claim of Easement 3)Exhibit B to the Resolution – Grant of Easement 181 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 1 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTING QUIT CLAIM OF EASEMENT FROM DSRSD AND GRANTING EASEMENT TO DSRSD FOR WATER LINE PURPOSES OVER A PORTION OF ASSESSOR PARCEL NUMBER 941-550-77-1 WHEREAS,the City of Dublin owns the property located at 5777 Scarlett Court, Assessor’s Parcel No. 941-550-77-1, (“Property”); and WHEREAS,the Dublin San Ramon Services District (“DSRSD”) relocated a water line as required by the City for the construction of the Maintenance Facility Improvements Project, which constructed the Maintenance Corporation Yard and the Alameda County Fire Department Vehicle Maintenance Facility located at the Property; and WHEREAS, DSRSD desires to quit claim the existing easement on the Property over the former location of the water line; and WHEREAS, the City desires to grant a new 20-foot wide easement to DSRSD over the new location of the water line. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin accepts the quit claim of easement from DSRSD and grants an easement over a portion of the Property. BE IT FURTHER RESOLVED that the City Manager is authorized to accept the quit claim of easement, attached hereto as Exhibit A,and execute the grant of easement, attached hereto as Exhibit B,and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 20th day of July 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 182 H:\ENGDEPT\PERMITS\Templates\Quitclaim Form Updated 5-24-16.docx Rev. 05/24/16 Recording Requested By: And When Recorded Mail To: Dublin San Ramon Services District 7051 Dublin Boulevard Dublin, CA 94568 Space Above This Line For Recorder's Use Mail Tax Statements To: No Tax Due – R&T Code 11911 – Consideration - Ø Nicole Genzale, District Secretary Dublin San Ramon Services District AFFECTS A.P.N. ESCROW NO. QUIT CLAIM OF EASEMENT By this instrument dated , for a valuable consideration, DUBLIN SAN RAMON SERVICES DISTRICT , a political subdivision organized and existing under the community services district laws of the State of California, Counties of Alameda and Contra Costa, hereinafter "GRANTOR", hereby QUIT CLAIMS to: the following described real property located in the State of California, County of, , City of : AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO IN WITNESS WHEREOF, GRANTOR has executed this Grant Deed as of the day and year first above written. GRANTOR: Dan McIntyre, General Manager Dublin San Ramon Services District City of Dublin 100 Civic Plaza Dublin, CA 94568-0233 City of Dublin 100 Civic Plaza Dublin, CA 94568-0233 The City of Dublin, a municipal corporation Alameda Dublin 941-550-77-1 Attachment 2 183 Rev: June 21, 2021 Date: October 09, 2019 File: 1930001.01 DESC - DUBLIN SAN RAMON SERVICES DISTRICT PUE.docx EXHIBIT ‘A’ LEGAL DESCRIPTION QUITCLAIMED EASEMENT ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, BEING A PUBLIC UTILITY EASEMENT AS DESCRIBED IN DOCUMENT NUMBER 77-218438, RECORDED NOVEMBER 02, 1977 AS IN REEL 5120 OF OFFICIAL RECORDS, IMAGE 369, OVER PARCEL “A” AS SHOWN ON THAT CERTAIN PARCEL MAP 1177, RECORDED IN BOOK 87 OF PARCEL MAPS, PAGE 69, ALAMEDA COUNTY RECORDS, AND BEING THE LANDS OF CITY OF DUBLIN AS DESCRIBED IN DOCUMENT NUMBER 2009-51538, ALAMEDA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL “A”, THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL “A”, SOUTH 43°30’54” WEST, A DISTANCE OF 170.00 FEET TO THE SOUTHERLY LINE OF SAID PARCEL “A”; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89°14’44” WEST, A DISTANCE OF 27.93 FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 43°30’54” EAST, A DISTANCE OF 189.49 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL “A”; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 46°29’22” EAST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; SAID PUBLIC UTILITY EASEMENT CONTAINING 3,595 SQUARE FEET MORE OR LESS. SEE EXHIBIT ‘B’ PLAT MAP ATTACHED HERETO AND MADE A PART HEREOF. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THAT CERTAIN MAP ENTITLED “PARCEL MAP 1177”, RECORDED IN BOOK 87 OF PARCEL MAPS, PAGE 69, ALAMEDA COUNTY RECORDS. PREPARED BY: CSW/STUBER-STROEH ENGINEERING GROUP, INC. JOSH WOELBING P.L.S. # 9387 184 Graphic Scale (in feet) 0 1 inch = 40 ft. 40 DUBLIN CALIFORNIAALAMEDA PLAT TO ACCOMPANY LEGAL DESCRIPTION QUITCLAIMED EASEMENT EXHIBIT B Rev. 06/21/2021 Date: 11/18/2020 Job No. 1930001.01 Scale:1" = 40' P:\Projects\1930001.01 Scarlett Ct Vacation and Merger Investigation\DWG\Legal Descriptions and plats\Dublin San Ramon Services District Quitclaim PUE\PLAT - DSRSD quitclaim easement.dwg 06/21/2021 - 04:31 PM tetiana185 CERTIFICATE OF ACCEPTANCE BY THE CITY OF DUBLIN This Certificate of Acceptance by the City of Dublin (hereinafter “Acceptance”) is made by the CITY OF DUBLIN, a municipal corporation (hereinafter "City"). RECITAL On __________________, _____________________ (“Grantor”) executed the document entitled Quit Claim of Easement (“Quit Claim”), by which the Grantor quit claimed an interest in real property to the City. The real property is described more particularly in the Quit Claim, and is generally described as a portion of assessor’s parcel number 941-550-77-1, Dublin, California (“Property”). NOW, THEREFORE, PURSUANT TO THE AUTHORITY OF GOVERNMENT CODE SECTION 27281, AND CITY COUNCIL RESOLUTION NO. 24-87 (ADOPTED APRIL 13, 1987), THE CITY HEREBY CERTIFIES: The interest in the Property conveyed by the Quit Claim from Grantor to the City is hereby accepted by the undersigned officer on behalf of the City, and the City hereby consents to recordation thereof by its duly authorized officer. CITY OF DUBLIN ______________________________ By: Linda Smith Title: City Manager Date: ______________________________ 186 SIGNATURE NEEDS TO BE NOTARIZED ATTACH NOTARY ACKNOWLEDGEMENT FORM 187 Used for Properties Located in Alameda County H:\ENGDEPT\TEMPLATE\FORM\Permitting\Grant of Easement Alameda County.docx Rev. 10/15 Recording Requested By: Dublin San Ramon Services District 7051 Dublin Boulevard Dublin, CA 94568 And When Recorded Mail To: Dublin San Ramon Services District 7051 Dublin Boulevard Dublin, CA 94568 Space Above This Line For Recorder's Use Mail Tax Statements To: No Tax Due Record Without Fee, Government Section 27383 Nicole Genzale, District Secretary Dublin San Ramon Services District R&T Code 11911 – Consideration - 0 EASEMENT NO.____________________AFFECTS A.P.N. ESCROW NO._________________ GRANT OF EASEMENT By this instrument dated , for a valuable consideration, hereinafter "GRANTOR", being owners of the real property described in Exhibit "A" attached hereto and incorporated by this reference, hereby GRANTS to DUBLIN SAN RAMON SERVICES DISTRICT, a political subdivision organized and existing under the community services district laws of the State of California, Counties of Alameda and Contra Costa, the following described interest in the real property located in the State of California, County of Alameda, City of Dublin: a perpetual Public Utility and Right of Way Easement for the purpose of excavating, installing, constructing, reconstructing, repairing, maintaining and operating improvements, including but not limited to sanitary sewer lines, potable water lines, recycled water lines, and all appurtenances thereto, together with the right of ingress and egress therefore, in, under, over, along and across that certain land: As shown on plat map in Exhibit "B" attached hereto and incorporated by this reference. GRANTOR hereby agrees to refrain from building, erecting or allowing any structure or improvement over the easement herein granted. IN WITNESS WHEREOF, GRANTOR has executed this Grant of Easement as of the day and year first above written. GRANTOR 941-550-77-1 City of Dublin, a municipal corporation Linda Smith, City Manager Attachment 3 188 Rev.: June 22, 2021 Date: February 4, 2020 File: 1930001.01 EXHIBIT ‘A’ LEGAL DESCRIPTION WATER LINE EASEMENT ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE STATE OF CALIFORNIA, COUNTY OF ALAMEDA, CITY OF DUBLIN, BEING A WATER LINE EASEMENT OVER A PORTION OF LANDS OF CITY OF DUBLIN AS DESCRIBED IN DOCUMENT NUMBER 2009-051538 AND AS SHOWN ON THAT CERTAIN MAP ENTITLED “PARCEL MAP 1177” RECORDED IN BOOK 87 OF PARCEL MAPS, PAGE 69, ALAMEDA COUNTY RECORDS, BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING FROM THE MOST EASTERLY CORNER OF PARCEL “A” AS SHOWN ON SAID PARCEL MAP 1177, THENCE ALONG THE EASTERLY LINE OF SAID LANDS, SOUTH 46°29’14”E, A DISTANCE OF 94.98 FEET TO THE POINT OF THE BEGINNING; THENCE LEAVING SAID EASTERLY LINE, SOUTH 61°57’00”WEST, A DISTANCE OF 99.07 FEET; THENCE SOUTH 89°14’44”WEST, A DISTANCE OF 88.90 FEET TO THE POINT OF TERMINUS AT THE SOUTHEASTERLY LINE OF SAID PARCEL “A” AND AN EXISTING 20.00 FEET NON-EXCLUSIVE UTILITY EASEMENT AS DESCRIBED IN REEL 2493, IMAGE 656 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, AND SHOWN ON SAID PARCEL MAP 1177; THE SIDELINES OF THIS WATER LINE EASEMENT SHALL BE PROLONGED OR SHORTENED SO AS TERMINATE ON THE SOUTHEASTERLY LINE OF SAID PARCEL “A”. SAID WATER LINE EASEMENT CONTAINING 3,759 SQUARE FEET MORE OR LESS. STATEMENT OF INTENT: THE INTENT OF THIS WATER LINE EASEMENT IS TO BE CENTERED ON THE EXISTING WATER LINE ON SITE. PHYSICAL LOCATION OF WATER LINE ON SITE WILL HOLD OVER THE METES AND BOUNDS DESCRIBED WITHIN. SEE “EXHIBIT B” PLAT MAP ATTACHED AND MADE A PART OF HEREOF. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THAT CERTAIN MAP ENTITLED “PARCEL MAP 1177”, RECORDED IN BOOK 87 OF PARCEL MAPS, PAGE 69, ALAMEDA COUNTY RECORDS. PREPARED BY CSW/STUBER-STROEH ENGINEERING, INC. JOSH WOELBING P.L.S. # 9387 189 1 inch = 50 ft. 50 DUBLIN CALIFORNIAALAMEDA PLAT TO ACCOMPANY LEGAL WATER LINE EASEMENT EXHIBIT 'B' Rev. 06/22/2021 Date: 11/18/2020 Job No. 1930001.01 Scale:1" = 50' P:\Projects\1930001.01 Scarlett Ct Vacation and Merger Investigation\DWG\Legal Descriptions and plats\Diblin San Ramon Services District Waterline easement\PLAT-WATERLINE EASEMENT.dwg 06/22/190