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HomeMy WebLinkAboutReso 165-09 Vacate West Scarlett CtRESOLUTION NO. 165-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************* VACATING THE WESTERNMOST PORTION OF SCARLETT COURT WHEREAS, the City Council of the City of Dublin, on October 6, 2009, adopted Resolution 138-09 declaring its intent to vacate the westernmost portion of Scarlett Court, a public street in the City of Dublin, as described in the attached Exhibit A; and WHEREAS, the Planning Commission of the City of Dublin, on October 13, 2009, adopted Planning Commission Resolution 09-36 declaring that the proposed vacation is consistent with the City of Dublin General Plan; and WHEREAS, a public hearing was set for November 17, 2009, at which time any person objecting to such vacation was given the opportunity to appear and show ca-use why such vacation should not be ordered, and notice of such meeting was duly published and posted; and WHEREAS, such hearing was held by the City Council on November 17, 2009, and the City Council at the time of said hearing determined that the said westernmost portion of Scarlett Court was unnecessary for present or prospective public use and was not useful as a non- motorized transportation facility; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does resolve as follows: Section 1. That the westernmost portion of Scarlett Court, located within the City of Dublin, Alameda County, California, is unnecessary for present or prospective public use and is not useful as anon-motorized transportation facility because the expansion of a nearby intersection necessitated major restrictions on traffic movement along this portion of the right- of-way such that the area is little used, and the other portions of Scarlett Court are accessible through the nearby Scarlett Drive. Section 2. The westernmost portion of Scarlett Court is hereby vacated and abandoned, reserving and excepting therefrom easements and rights-of-way for emergency vehicle access and to construct, maintain, operate, replace, remove, renew and enlarge sanitary sewers, storm drains and public utility services now existing in said area, including all necessary and convenient appurtenant structures and incidental purposes thereto, including access; said westernmost portion of Scarlett Court is more particularly described in the attached Exhibit "A." Section 3. This Resolution shall be recorded with the Alameda County Recorder, pursuant to Streets and Highways Code § 8325, and the vacation shall be complete upon such recordation. Page 1 of 2 ; . PASSED, APPROVED AND ADOPTED this 17th day of November, 2009, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None N Mayor ATTEST• ~ ~~~~~ City Clerk Reso No. 165-09, Adopted 11-17-09, Item 6.1 Page 2 of 2 $0~8 PARCEL ONE: BEING A PORTION OF PARCEL 4 AS SHOWN ON THE PLAT IN THE PROPOSED RELINQUISHMENT DEED TO THE COUNTY OF ALAMEDA RECORDED ON APRIL 30,1970, IN REEL 2608 AT IMAGE 205, AND LATER RELINQUISHED TO THE COUNTY OF ALAMEDA ON ?ULY 27, 1970 IN REEL 2661 AT IMAGE 819, OFFICIAL RECORDS OF THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA, A PORTION OF THE PARCEL TO THE COUNTY OF ALAMEDA AS RECORDED ON MAY 14, 1969 IN REEL 2402 AT IMAGE 255, OFFICIAL RECORDS OF THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA AND A PORTION OF SCARLETT COURT SHOWN ON THE MAP ENTITLED PARCEL MAP 9185 FILED ON ]ULY 29, 208 IN BOOK 308 OF PARCEL MAPS AT PAGE 57, ALAMEDA COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHEASTERN LINE OF SAID PARCEL 4, BEING THE NORTHEASTERN LINE OF SCARLETT COUNT AND THE SOUTHWESTERN CORNER OF PARCEL B OF SAID PARCEL MAP 9185; THENCE ALONG SAID NORTHEASTERN LINE, SOUTH 32°48'00"EAST, 143.43 FEET TO A CURVE TO THE LEFT HAVING A RADIUS OF 572.00 FEET, A DELTA OF 24°45'01"; THENCE ALONG SAID CURVE AN ARC LENGTH OF 247,09 FEET TO ANON-TANGENT CURVE TO THE LEFT HAVING A RADIAL WHICH BEARS NORTH 63°23'48" WEST, A RADIUS OF 50.50 FEET, A DELTA OF 74°16'31"; THENCE LEAVING SAID NORTHEASTERN LINE, SOUTHERLY ALONG SAID CURVE AN ARC LENGTH OF 65.46 FEET Tn THE SOUTHWESTERN LINE OF SAID PARCEL 4, ALSO BEING THE SOUTHWESTERN LINE OF 5CARLETT COURT; THENCE ALONG SAID SOUTHWESTERN LINE, NORTH 61°40'00" WEST, 108.83 FEET TO A NON TANGENT CURVE TO THE RIGHT HAVING A RADIAL WHICH BEARS SOUTH 38°34'13." WEST, A RADIUS OF 628.00 FEET, A DELTA OF 18°37'41"; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 204.18 FEET; THENCE NORTH 32°48'00" WEST, 487.29 FEETTO THE SOUTHERN EASTERN CORNER OF SAID PARCEL {R2402I255} SAID POINT BEING ON A CURVE TO THE LEFT HAVING A RADIUS OF 72.00 FEET, A DELTA OF 21°4504'; THENCE ALONG THE SOUTHWESTERN LINE OF LAST SAID PARCEL, AND SAID CURVE AN ARC LENGTH OF 27.33 FEET; THENCE LEAVING SAID SOUTHWESTERN LINE, NORTH 57°08'47" EAST, 83.33 FEET TO THE SOUTHWESTERN WVE OF SAID PARCEL B AND A POINT OF CUSP HAVING A RADIAL WHICH BEARS NORTH 32°51'13" WEST, A RADIUS OF 22.00 FEET, A DELTA OF 14°38'39"; THENCE SOUTHWESTERLY ALONG LAST SAID LINE AND AND SAID CURVE AN ARC LENGTH OF 5.62 FEET TO ANON- TANGENTCURVE TO THE LEFT HAVING A RADIAL WHICH BEARS NORTH 74°39'33" WEST, A RADIUS OF 50.00 FEET, A DELTA OF 48°08'27"; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE AN ARC LENGTH OF 42.01 FEET; THENCE, SOUTH 32°48'00" EAST, 332.66 FEET TO THE POINT OF BEGINNING. 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