HomeMy WebLinkAbout6.1 Vacation of Right-of-Way on Croak Road and Approving Quitclaim Deedr
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
Agenda Item 6.1
DATE: December 19, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SU B.ECT: Vacation of Right -of -Way on Croak Road and Approving a Quitclaim Deed
Prepared by: Kan Xu, Principal Engineer
EXECUTIVE SUMMARY:
The City Council will consider approving the vacation of public street right-of-way on Croak Road
between South Terracina Drive and Central Parkway for the Francis Ranch development (formerly
East Ranch) and approving a Quitclaim Deed to facilitate the transfer of excess property.
STAFF RECOMMENDATION:
Adopt the Resolution Vacating Right -of -Way on Croak Road and Approving a Quitclaim Deed.
FINANCIAL IMPACT:
There is no impact to the General Fund. All costs associated with processing the vacation are
borne by the developer.
DESCRIPTION:
The 165.5-acre Francis Ranch development, formerly East Ranch, is located on undeveloped
parcels within the Fallon Village area of the Eastern Dublin Specific Plan. The site is located north
of Interstate 580, east of Fallon Road and the Jordan Ranch development, south of the Positano
development, and adjacent to the City's eastern boundary. The property is owned by Arroyo Cap
IV-3, LLC, which is a land bank entity. Arroyo Cap IV-3, LLC (Owner), is working with TH East
Ranch Dublin, LLC, to develop the project.
TH East Ranch Dublin, LLC (Developer) received various planning approvals to develop the
Project into six neighborhoods that include the construction of 459 conventional single-family
homes, 14 zero -lot -line single-family homes, and 100 townhomes. As a part of the project, the
Developer will realign, widen, and improve Croak Road to its ultimate right-of-way width as
required by the Project conditions of approval on the vesting tentative map and in compliance
with the Eastern Dublin Specific Plan.
Page 1 of 4
1
The City acquired fee title to Croak Road from the County of Alameda with the incorporation of the
City in 1982. Croak Road is currently a low -volume, two-lane rural road between the two parcels
that make up the development and is used as ingress and egress by adjacent property owners and
as an emergency vehicle access for both the Positano and Jordan Ranch neighborhoods. The
Owner has requested that the City vacate the existing Croak Road right-of-way within the project
boundary between South Terracina Drive and Central Parkway to facilitate development. If Croak
Road is vacated, the Owner will merge the vacated right-of-way with the existing project parcels
and dedicate a new Croak Road right-of-way to the City. The merger of parcels and the dedication
of the new right-of-way will occur with approval and recordation of the final map for the Francis
Ranch subdivision, Tract 8563. The new Croak Road will have a similar alignment, provide one
vehicle lane and one bike lane in each direction, and will include a Class I trail. The new road will
be a residential collector street providing access to all neighborhoods within the development and
connecting to Central Parkway, Fallon Road, and eventually the future Dublin Boulevard
extension.
The process for vacating public right-of-way is set forth in the California Streets and Highways
Code Section 8310 et. seq. These statutes provide that the City Council must initiate vacation
proceedings, a notice of a public hearing on the matter must then be posted along the portion of
the street to be vacated, and the notice of a public hearing must be published for two weeks in a
newspaper of general circulation (Streets and Highways Code Sections 8322 and 8323).
Before the public hearing, the Planning Commission must approve a report to the City Council
indicating whether it believes that the vacation is consistent with the General Plan unless exempt
by Government Code Section 65402. Finally, the City Council must conduct a public hearing, hear
evidence regarding the proposal, and then adopt a Resolution of Vacation. In conjunction with the
resolution, the Streets and Highways Code also requires that the City Council find that the
proposed portion of right-of-way to be vacated is unnecessary for present or prospective public
use and is not useful as a non -motorized transportation facility.
At its August 15, 2023 meeting, the City Council adopted Resolution No. 82-23 initiating the
vacation process by declaring its intent to vacate the portion of public street right-of-way on Croak
Road between South Terracina Drive and Central Parkway and setting a public hearing
(Attachment 4).
Approval of the proposed Resolution would declare that the portion of public street right-of-way
on Croak Road between South Terracina Drive and Central Parkway is unnecessary for present or
prospective use, that it is not useful as a non -motorized transportation facility, and that the City
vacates that portion of Croak Road. If the City Council adopts the Resolution, the vacation will
become effective when the Resolution is recorded with the Alameda County Recorder's Office.
General Plan Consistency
The Streets and Highways Code requires that, if the proposed vacation of a street or public service
easement is within an area for which a general plan is adopted, the City Council should consider
the General Plan prior to vacating the easement. The Planning Commission is also required to
consider the proposal and report to the City Council as to its conformity with the General Plan.
Page 2 of 4
2
However, many relinquishments and acquisitions of real property, such as the vacation of this
subject right-of-way, are of such minor nature that Planning Commission review and their report
to the City Council as to their General Plan consistency serves no purpose. Government Code
Section 65402 permits the City Council to exempt, by resolution or ordinance, the following kinds
of proposed dispositions and acquisitions of real property from the requirement that the Planning
Commission report to the City Council as to their General Plan consistency, provided they are of a
minor nature:
1. The disposition of the remainder of a large parcel which was acquired and used in part for
street purposes.
2. Acquisitions, dispositions, or abandonments for street widening.
3. Street alignment projects.
On July 19, 2016, the City Council adopted Resolution No. 125-16 Exempting Certain Minor
Dispositions and Acquisitions of Real Property or Interests in Real Property from Required Report
to the City Council by the Planning Commission as to their General Plan Consistency (Attachment
5). The proposed vacation of this subject right-of-way is minor in nature and for a street alignment
purpose, and therefore this action is exempt from the requirement that the Planning Commission
report to the City Council as to the General Plan conformity.
Disposition of Excess Property
Streets and Highways Code Section 8355(a) allows the City to quitclaim the subject right-of-way
in conjunction with its vacation. Approval of the proposed Quitclaim Deed (Attachment 3)
quitclaims the former public right-of-way (or disclaims all interest in and conveys that interest),
to the Developer. In exchange for the subject right-of-way, the Owner will dedicate new Croak
Road right-of-way to the City. Staff has determined that no compensation is required for this
quitclaim because the area of new right-of-way dedicated to the City exceeds that of the area
quitclaimed to the Owner.
Pursuant to Government Code Section 54221(f)(1)(E), the property qualifies as "exempt surplus
land" and would not be subject to the Surplus Land Act because it is a former right-of-way and is
being conveyed to an owner of an adjacent property.
ENVIRONMENTAL REVIEW:
This vacation is categorically exempt from the California Environmental Quality Act (CEQA) per
CEQA Guidelines Section 15301, Existing Facilities.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In compliance with state law, a notice of this hearing was published in the East Bay Times and was
Page 3 of 4
3
posted in three public places and in the area proposed to be vacated. The City Council Agenda was
posted.
ATTACHMENTS:
1) Resolution Vacating Right -of -Way on Croak Road and Approving a Quitclaim Deed
2) Exhibits A and B to the Resolution - Legal Description and Plat Map
3) Exhibit C to the Resolution - Quitclaim Deed
4) Resolution No. 82-23 of Intent to Vacate Right -of -Way on Croak Road and Setting a Public
Hearing
5) Resolution No. 125-16 Exempting Certain Minor Dispositions and Acquisitions of Real
Property or Interests in Real Property from Required Report to the City Council by the
Planning Commission as to their General Plan Consistency
Page 4 of 4
4
Attachment I
RESOLUTION NO. XX — 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
VACATING RIGHT-OF-WAY ON CROAK ROAD AND APPROVING A QUITCLAIM DEED
WHEREAS, TH East Ranch Dublin, LLC received various planning approvals to develop
the Francis Ranch (formerly East Ranch) project site and the project tentative map and conditions
of approval require Croak Road to be realigned, widened, and improved to its ultimate right-of-
way width; and
WHEREAS, Arroyo Cap IV-3, LLC is the land bank entity and current owner of the Francis
Ranch property and is working with TH East Ranch Dublin, LLC to subdivide and develop Francis
Ranch; and
WHEREAS, Arroyo Cap IV-3, LLC requests the City of Dublin vacate existing Croak Road
right-of-way between South Terracina Drive and Central Parkway, as described in the legal
description and depicted on the plat map, attached hereto as Exhibits A and B, to facilitate
development of the site; and
WHEREAS, Arroyo Cap IV-3, LLC will dedicate new Croak Road right-of-way as a part of
the Francis Ranch development; and
WHEREAS, Section 8320, et. seq., of the California Streets and Highways Code provides
for the general vacation of street right-of-way; and
WHEREAS, pursuant to California Streets and Highways Code, the City Council adopted
Resolution No. 82-23 initiating the vacation process by declaring its intent to vacate the portion of
Croak Road right-of-way between South Terracina Drive and Central Parkway and setting a public
hearing; and
WHEREAS, Section 8324 of the California Streets and Highways Code authorizes the City
Council to vacate street right-of-way if the right-of-way is unnecessary for present or prospective
public use and is not useful as a non -motorized transportation facility; and
WHEREAS, the California Streets and Highways Code requires consideration of a general
plan, including by the Planning Commission, if a proposed vacation is within a general plan area;
and
WHEREAS, the City Council adopted Resolution No. 125-16 exempting certain minor
dispositions and acquisitions of real property or interests in real property from required report to
the City Council by the Planning Commission as to their General Plan consistency, including
dispositions for street alignment projects; and
WHEREAS, the subject right-of-way vacation is minor in nature and for a street alignment
purpose and therefore exempt from the requirement that the Planning Commission report to the
City Council as to the General Plan conformity; and
Reso. No. XX-23, Item X.X, Adopted 12/19/2023 Page 1 of 3 5
WHEREAS, Section 8355(a) of the California Streets and Highways Code authorizes the
City Council to sell or exchange City property previously subject to a street, highway, or public
service easement, and is no longer needed by the public, in the manner, and upon the terms and
conditions, approved by City Council; and
WHEREAS, a Quitclaim Deed has been prepared which quitclaims the former public right-
of-way on Croak Road to Arroyo Cap IV-3, LLC; and
WHEREAS, pursuant to Government Code Section 54221(f)(1)(E) the property qualifies
as "exempt surplus land" because it is a former right-of-way and is being conveyed to an owner
of an adjacent property.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin finds
that:
1. The portion of Croak Road right-of-way between South Terracina Drive and Central
Parkway, located within the City of Dublin, Alameda County, California, is unnecessary
for present or prospective public use and is not useful as a non -motorized transportation
facility because the Francis Ranch project will dedicate a wider Croak Road right-of-way.
2. All public utility agencies and companies providing service in the project area have been
notified about the proposed vacation and have not objected to the proposed vacation.
3. The vacation of the right-of-way is in conformance with the City's General Plan pursuant
to Section 65402 of the Government Code.
4. The proposed vacation of the right-of-way is categorically exempt from review under the
California Environmental Quality Act (CEQA) pursuant to Titlel4 California Code of
Regulations, CEQA Guidelines Section 15301, Existing Facilities.
BE IT FURTHER RESOLVED that based on the findings made and the above provisions
of the Streets and Highways Code, the City Council hereby order the vacation of the portion of
Croak Road right-of-way between South Terracina Drive and Central Parkway, as shown on
Exhibits A and B.
BE IT FURTHER RESOLVED that the City Clerk 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, as shown on Exhibit C, is
hereby approved.
BE IT FURTHER RESOLVED that the City Manager, or designee, is hereby authorized
to take any and all further actions to effectuate the vacation and quitclaim of the right-of-way,
including the execution of said Quitclaim Deed.
Reso. No. XX-23, Item X.X, Adopted 12/19/2023 Page 2 of 3 6
PASSED, APPROVED AND ADOPTED this 19th day of December 2023, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-23, Item X.X, Adopted 12/19/2023 Page 3 of 3
7
Attachment 2
EXHIBIT "A"
LEGAL DESCRIPTION
CROAK ROAD ABANDONMENT
REAL PROPERTY IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEING THE ENTIRETY OF CROAK ROAD AS DESCRIBED IN BOOK 2612, OF DEEDS AT PAGE
352, ALAMEDA COUNTY RECORDS WITHIN THE BOUNDARY OF THE LANDS OF ARROYO
CAP IV-3, LLC, A DELAWARE LIMITED LIABILITY COMPANY AS DESCRIBED IN DOCUMENT
NUMBER 2023111606, ALAMEDA COUNTY RECORDS.
SEE PLAT, "EXHIBIT B", TO ACCOMPANY LEGAL DESCRIPTION ATTACHED HERETO AND
MADE A PART HEREOF.
APN: 905-0002-001-01 AND 905-0002-002
END OF DESCRIPTION
PREPARED BY:
IAN BRJCE CDONALD
LICENSE LAND SURVEYOR NO. 8817
STATE OF CALIFORNIA
MACKAY & soms
CML ENGINEERING' LAND PLANNING LAND SURVEYING
5142 Franklin Drive Suite 8, Pleasanton, CA. 94588-3355
(925) 225-0690
b/2,_r
DATE
P:\19343-11SRV\Mapping\Desc\Croak Road Abandonment.doc
8
FALLON VILLAGE
GEOLOGIC HAZARD
ABATEMENT DISTRICT
DOC. NO. 2016115709
FALLON VILLAGE
GEOLOGIC HAZARD
ABATEMENT DISTRICT
DOC. NO. 2016115709/
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DOC. NO. 20I7130933
0 300 600
EXHIBIT "B"
PAGE 2 OF 2
TRACI-131691v
323 M 34
FALLON VILLAGE
GEOLOGIC HAZARD
ABATEMENT DISTRICT
DOC. NO. 20115115709
EX. 40' RIGNI OF WAY
OF DEEDS ?G. 352
BK. 26i2, ALWEDA COUNTY RECORDS
ARROYO CAP IV-3, LLC,
A DELAWARE LIMITED
LIABILITY COMPANY
�� DOC. NO. 2023111606
d ALAMEDA COUNTY RECORDS
GH PACVEST LLC I
DOC. NO. I
2017049324
1200
SCALE: 1 "= 600'
LEGEND
DOC. NO.
BOUNDARY OF ABANDONMENT
EXISTING PARCEL
DOCUMENT NUMBER
ACACIA
PARTNERS I
LLC
DOC. NO.
2005037867
ACACIA
PARTNERS I
LLC
DOC, NO.
2005037867
PLAT TO ACCOMPANY LEGAL DESCRIPTION
EXHIBIT "B"
CROAK ROAD ABANDONMENT
DUBLIN CALIFORNIA
mAcKAY & soms
ENGINEERS PLANNERS SURVEYORS
5142E FRANKLIN DR, SUITE B
PLEASANTON, CA 94588 (925)225-0690
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Attachment 3
RECORDING REQUESTED BY:
First American Title Company
MAIL TAX STATEMENT
AND WHEN RECORDED MAIL DOCUMENT TO:
ARROYO CAP IV-3, LLC, a Delaware limited liability
company
Space Above This Line for Recorder's Use Only
QUITCLAIM DEED
A.P.N.: 905-0002-001-01 and File No.: 0192-598563MAP (BS)
905-0002-002
The Undersigned Grantor(s) Declare(s):
CITY TRANSFER TAX $
DOCUMENTARY TRANSFER TAX $0.00 Consideration is less than $100.00
SURVEY MONUMENT FEE $
[ ] computed on the consideration or full value of property conveyed, OR
[ ] computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale,
[ ] unincorporated area; [ X ] City of Dublin, and
SURVEY MONUMENT FEE $
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
The City of Dublin, a municipal corporation, as successor to the County of Alameda, a political
subdivision of the State of California
hereby remise, release and forever quitclaim to ARROYO CAP IV-3, LLC, a Delaware limited liability
company
the following described property in the City of Dublin, County of Alameda, State of California:
Legal Description and Plat Map are attached hereto as Exhibit "A" and Exhibit "B".
This Quitclaim Deed is being recorded to relinquish all right, title and interest in and to a
portion of Croak Road as conveyed to the County of Alameda in the Grant Deed recorded in
Book 2612, Of Deeds at Page 352, Alameda County Records, as described in Exhibit "A" and
depicted in Exhibit "B" attached hereto.
Mail Tax Statements To: SAME AS ABOVE
10
A.P.N.: 905-0002-001-01 and File No.: 0192-598563MAP (BS)
905-0002-002
Dated: , 2023
The Citv of Dublin, a municipal
corporation, as successor to the
County of Alameda, a political
subdivision of the State of California
By:
Name:
Title:
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 )SS
COUNTY OF )
On before me, , 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. This area foroc/a/notar/a/sea/.
Notary Signature
Page 2 of 2
11
19343.00T
10/10/2023
Page l of 2
EXHIBIT "A"
LEGAL DESCRIPTION
CROAK ROAD ABANDONMENT
REAL PROPERTY IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEING THE ENTIRETY OF CROAK ROAD AS DESCRIBED IN BOOK 2612, OF DEEDS AT PAGE
352, ALAMEDA COUNTY RECORDS WITHIN THE BOUNDARY OF THE LANDS OF ARROYO
CAP IV-3, LLC, A DELAWARE LIMITED LIABILITY COMPANY AS DESCRIBED IN DOCUMENT
NUMBER 2023111606, ALAMEDA COUNTY RECORDS.
SEE PLAT, "EXHIBIT B", TO ACCOMPANY LEGAL DESCRIPTION ATTACHED HERETO AND
MADE A PART HEREOF.
APN: 905-0002-001-01 AND 905-0002-002
END OF DESCRIPTION
PREPARED BY:
IAN BR CE ACDONALD
LICENSE LAND SURVEYOR NO. 8817
STATE OF CALIFORNIA
INACKAY & soms
CIVIL ENGINEERING•LAND PLANNING • LAND SURVEYING
5142 Franklin Drive Suite B, Pleasanton, CA. 94588-3355
(925) 225-0690
/d/`b/Z,S
DATE
P:\19343-T\SRV\Mapping\Desc\Croak Road Abandonment.doc
12
FALLON VILLAGE
GEOLOGIC HAZARD
ABATEMENT DISTRICT
DOC. NO. 2015115709
FALLON VILLAGE
GEOLOGIC HAZARD
ABATEMENT DISTRICT
DOC. NO. 2016115709
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DOC. NO. 2017130933
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PARCEL IYW�P
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EXHIBIT "B"
PAGE 2 OF 2
TACT 810JU�'
323M84
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FALLOW VILLAGE
GEOLOGIC HAZARD
ABATEMENT DISTRICT
DOC. NO. 2016115709
EX. 40' RIGHT OF WAY 352
BK. 202, OF DEEDS PG
ALAMEDA COUNTY RECORDS
ARROYO CAP IV-3, LLC,
A DELAWARE LIMITED
LIABILITY COMPANY
10
0 DOC. NO. 2023111606
d ALAMEDA COUNTY RECORDS
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//
(GH PACVEST LLC
DOC. NO.
2017049324
1200
SCALE: 1 "= 600'
LEGEND
DOC. NO.
BOUNDARY OF ABANDONMENT
EXISTING PARCEL
DOCUMENT NUMBER
DUBLIN
Ln
O �
Lt-1 o
O t1i
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PLAT TO ACCOMPANY LEGAL DESCRIPTION
ACACIA
PARTNERS I
LLC
DOC. NO.
2005037367
ACACIA
PARTNERS I
LLC
DOC. NO.
2005037867
EXHIBIT "B"
CROAK ROAD ABANDONMENT
CALIFORNIA
MACKAY & soms
ENGINEERS PLANNERS SURVEYORS
5142B FRANKLIN DR, SUITE B
PLEASANTON, CA 94588 (925)225-0690
DRAWN
IBM
Ion MacDonald P:\19343—T\SRV\MAPPING\PLATS\CROAK ROAD ABANDONMENT.DWG
DATE
JAN. 2023
SCALE JOB NO.
1"=600' 19343.00T
10-10-2023 7:57am
13
DocuSign Envelope ID: 1FACBEBB-61A8-4E1B-9825-BD2OEFEBOF7A
Attachment 4
RESOLUTION NO. 82 — 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
OF INTENT TO VACATE RIGHT-OF-WAY ON CROAK ROAD AND SETTING A PUBLIC
HEARING
WHEREAS, TH East Ranch Dublin, LLC received various planning approvals to develop
the Francis Ranch (formerly East Ranch) project site and the project tentative map and conditions
of approval require Croak Road to be realigned, widened, and improved to its ultimate right-of-
way width; and
WHEREAS, City of Dublin acquired fee title to Croak Road from the County of Alameda as
a result of the incorporation of the City in 1982; and
WHEREAS, Croak Road bisects the Francis Ranch development and is used as ingress
and egress by adjacent property owners and as emergency vehicle access for the Positano and
Jordan Ranch developments; and
WHEREAS, TH East Ranch Dublin, LLC requests the City of Dublin to vacate existing
Croak Road right-of-way between South Terracina Drive and Central Parkway to facilitate
development of the site; and
WHEREAS, TH East Ranch Dublin, LLC will dedicate new Croak Road right-of-way as a
part of the Francis Ranch development; and
WHEREAS, the new Croak Road will maintain a similar street alignment, provide access
to all neighborhoods within the Francis Ranch development, and connect to Central Parkway,
Fallon Road, and eventually to the future Dublin Boulevard extension.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin adopts
this Resolution under the provisions of the Streets and Highways Code Section 8310 et. seq. and
Section 8320 in particular, and that it is the intention of the City Council to vacate the portion of
Croak Road right-of-way between South Terracina Drive and Central Parkway.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin will conduct a
public hearing on the proposed vacation of Croak Road right-of-way on September 5, 2023, at
7:00 p.m., or as soon thereafter as the matter can be heard, in the City Council Chambers, 100
Civic Plaza, California 94568. At the public hearing, any objections to the proposed vacation of
Croak Road right-of-way shall be presented.
BE IT FURTHER RESOLVED that notice, in accordance with Streets and Highways Code
Sections 8322 and 8323, shall be posted along the portion of the street to be vacated and
published for at least two successive weeks in a newspaper published in Alameda County
preceding the date of the public hearing.
Reso. No. 82-23, Item 4.6, Adopted 08/15/2023 Page 1 of 2 14
DocuSign Envelope ID: 1FACBEBB-61A8-4E1B-9825-BD2OEFEBOF7A
PASSED, APPROVED AND ADOPTED this 15th day of August 2023, by the following
vote:
AYES: Councilmembers Hu, Josey, McCorriston, Qaadri and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
rDocuSigned ,(
a yo r 4F7A46A8461
ATTEST:
rDocuSigned by:
owvti5n9
City �UerKLr4V ...
Reso. No. 82-23, Item 4.6, Adopted 08/15/2023 Page 2 of 2 15
DocuSign Envelope ID: 1FACBEBB-61A8-4E1B-9825-BD2OEFEBOF7A
Exhibit A
Portion of Croak Road to be Vacated
Portion of Croak
smooR Rd to be vacated
T1yi
Fire
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16
RESOLUTION NO. 125 -16 Attachment 5
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
EXEMPTING CERTAIN MINOR DISPOSITIONS AND ACQUISITIONS
OF REAL PROPERTY OR INTERESTS IN REAL PROPERTY FROM REQUIRED REPORT TO
THE CITY COUNCIL BY THE PLANNING COMMISSION
AS TO THEIR GENERAL PLAN CONSISTENCY
WHEREAS, as required by law, the Planning Commission generally reports to the City Council
as to the General Plan consistency of proposed City dispositions and acquisitions of real property or
interests in real property to which the General Plan applies; and
WHEREAS, many dispositions and acquisitions of real property or interests therein are of such
a minor nature that Planning Commission review and report to the City Council as to their General
Plan consistency serves no purpose; and
WHEREAS, Government Code Section 65402 permits the City Council to exempt certain kinds
of proposed dispositions and acquisitions of real property or interests therein from the requirement of
Planning Commission report to the City Council as to their General Plan consistency.
NOW, THEREFORE, BE IT RESOLVED that the City Council finds that, provided they are of a
minor nature, the following kinds of dispositions and acquisitions of real property or interests therein
shall be exempt from the requirement that the Planning Commission report to the City Council as to
their consistency with the General Plan:
A) The disposition of the remainder of a larger parcel which was acquired and used in part for
street purposes
B) Acquisitions, dispositions, or abandonments for street widening
C) Street alignment projects
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 _44) Phisei
Mayor
ATTEST:
City Clerk
Reso No. 125-16, Adopted 7-19-16, Item 4.5 Page 1 of 1
17
Vacation of Right -of -Way on
Croak Road and Approving a
Quitclaim Deed
December 19,2023
V�
DUBLIN
CALIFORNIA
18
Background
• TH East Ranch Dublin, LLC (Trumark)
received various entitlements to develop the
Francis Ranch project (formerly East Ranch).
• Arroyo Cap IV-3, LLC, the land bank entity is
the property owner.
• Project requires Croak Road be widened and
improved to its ultimate right-of-way.
Right -of -Way Vacation
• General Vacation procedure defined in
California Streets and Highways Code (Cal.
SHC) Section 8310, et. seq.
• On August 15, 2023, City Council initiated the
vacation process by declaring intent to vacate
right-of-way.
20
Right -of -Way Vacation
• Cal. SHC Section 8324 authorizes the CC to
vacate street right-of-way if the right-of-way is
unnecessary for present or prospective public
use and is not useful as a non -motorized
transportation facility.
21
Right -of -Way Vacation
• Cal. SHC requires consideration of the
General Plan by the Planning Commission.
• Resolution 125-16 exempts certain minor
dispositions and acquisitions of real property
or interests in real property from required
report to CC from PC as to general plan
consistency.
Right -of -Way Vacation
• Vacation of Croak Road and disposition of real
property is for street alignment purposes and
thus exempt from report to CC from PC.
• Real property considered "exempt surplus
land".
Right -of -Way Vacati o n
EY . 40' CROP RR .
BIGR1 OF V1AI
PROPOSED CROAK RD'503
ARROYO CAP IV-3; LLC,
A LELAAARE LIETED
LIABILITY COMPANY
DOC. NO. 203111606
ALAMEDA COUNTY RECORDS
7
i
WM
DUBLIN
CALIFORNIA
1fW
12'
(8' CLASS 1
TRAIL WITH 2'
SHOULDERS
EACH SIDE)
3' OVERBUILD
2% INAX
5'
Li$ FIC
CURB AND GUTTER
CD-300
DEEPENED S/W EDGE
SEE DETAIL SHEET C4
WHEN ADJACENT TO
BIORETEPTI0N POND
8'
BIKE
14'
TRAVEL
14'
TRAVEL
RAY Rfw
6' 10'
F/C L/S S/W
e'
_ BIKE _
Right -of -Way Vacati o n
C/L
ROADWAY
2%
,48
L. 15' 1. 10' G�J
12' 11L O (i 24 SD
* Li
8-14 SS 30' SOO
STA 104+79 TO STA 108+25
STA 111+25 TO STA 119+35
PUBLIC CROAK ROAD - 77' ROW
NTS
2 GAK
SPILL CURB SEE
DETAIL SHEET C4
DEEPENED SIDEWALK
EDGE SEE DETAIL
SHEET C4 WHEN
ADJACENT TO
NITIG4TION SWALE
12'
(8' CLASS 1 FIC
TRAIL WITH 2'
SHOULDERS
BOTH SIDES)
y PARKING
2$ MAX
1 GUTTER CD-300
8'
BIKE
14'
TRAVEL
80'
52'
CfL
ROADWAY
2%
14'
8'
TRAVEL - . BIKE
RAY
8' 10'
F'C LA SjW
i +qi r•- JS�1! r lCw ill�?[z'Ls!w'-i4'l:I3i per f f ti i ~� 5�c-2•=+' we?
14,17' , 15'
12' fit O
8'O $S
13'
STA 122+39 'TO STA 127+20
PUBLIC CROAK ROAD PARK FRONTAGE - 80' ROW
NTS
2% MAX
SPILL CORR SEE
DETAIL SHEET C4
DEEPENED SIDEWALK
EDGE SEE RETAIL
SHEET C4
DUBLIN
CALIFORNIA