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HomeMy WebLinkAboutReso 166-09 Vacate East Scarlett CtRESOLUTION NO. 166-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN VACATING THE EASTERNMOST PORTION OF SCARLETT COURT WHEREAS, the City Council of the City of Dublin, on October 6, 2009, adopted Resolution 143-09 declaring its intent to vacate the easternmost 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 cause 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 said easternmost 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 easternmost 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 this portion of the roadway terminates in a cul-de-sac, and is surrounded by property owned by the City of Dublin. Section 2. The easternmost 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 easternmost portion of Scarlett Court is more particularly described in the attached Exhibit "A." Section 2. 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: Councilmember Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ~~ Mayor ATTEST: l ~ C / ~i~~ City Clerk Reso No. 166-09, Adopted 11-17-09, Item 6.2 Page 2 of 2 -1 ~f - 7 EXHIBIT "A" VACATION OF STREET RIGHT OF WAY PORTION OF SCARLETT COURT ALL THAT CERTAIN PROPERTY IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 4 AS DESCRIBED IN THE RELINQUISHMENT OF HIGHWAY RIGHT OF WAY DEED, RECORDED ON JiJLY 7, 1971 IN REEL 2893 AT IMAGE 614, OFFICIAL RECORDS OF THE COUNTY OF ALAMEDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF PARCEL "A" AS SHOWN ON THE MAP ENTITLED PARCEL MAP 1177 FILED IN BOOK 87 OF PARCEL MAPS AT PAGE 69, ALAMEDA COUNTY RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL "A", NORTH 89°14'44"EAST, 97.53 FEET TO THE POINT OF BEGINNING; THENCE ALONG SAID SOUTHERLY LINE NORTH 89°14'44'EAST, 284.41 FEET; THENCE ALONG THE SOUTI~ASTERLY LINE OF SAID PARCEL "A" N43°30'54"EAST, 170 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 4; THENCE S46°29' 24"EAST, 265:00 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL 4; THENCE LEAVING THE SAID SOUTHEASTERLY CORNER ALONG THE SOUTHERLY LINE OF SAID PARCEL 4, SAID LINE BEING ANON-TANGENT CURVE TO THE LEFT HAVING A RADIAL WHICH BEARS SO°42'45"W, A RADIUS OF 9982.00 FEET, AND A DELTA OF 1°28'01", AND A LENGTH OF 2SS.S7'; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S89°14'44"WEST, 363.35 FEET TO A POINT ON ANON-TANGENT CURVE TO THE LEFT HAVING A RADIAL WHICH BEARS N21 °20'SS"WEST, A RADIUS OF 4S.S0 FEET, A DELTA OF 91 °S 1'27"; THENCE ALONG SAID CURVE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY AN ARC LENGTH OF 72.95 FEET TO THE POINT OF BEGINNING. CONTAINING 1.12 ACRES (48,759 SQUARE FEET) MORE OR LESS. END OF DESCRIPTION PREPARED BY: S W. Z ALT REGISTERED CIVIL ENGINEER N0.32371 (EXP.12/31/10) STATE OF CALIFORNIA to ~?Lo q DATE 1 OF 2 Qa°F~~'~ ~s W ~ ZU,~~ No. 32371 ~~ ~ Exp. T,~! `P,q~~ CIV11- O~~~Qr Of CA1.~F exHisiT a.