The URL can be used to link to this page

Home My WebLink About4.5 IntentAbandonPrtnBetlenCITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: December 12, 1988 SUBJECT: Intent to Abandon Western Terminus of Betlen Drive EXHIBITS ATTACHED' 1) Resolution of Intent to Abandon the Western Terminus of Betlen Drive (Including Plat and Legal Description) 2) Location Map RECOMMENDATION: Adopt Resolution of Intent to Abandon the Western Terminus of Betlen Drive (Setting a Public Hearing Date of February 13, 1989) FINANCIAL STATEMENT: None. DESCRIPTION: When the right-of-way of Betlen Drive was originally dedicated, the street ended at the boundary of Tract 2534 (adjoining Valley Christian Center), as shown on Exhibit 3 attached. When Tract 5777, the Pulte Homes development (Hacienda Heights), developed, the westerly end of Betlen Drive was constructed as a knuckle cul-de-sac at its junction with Las Palmas Way. This configuration leaves the remainder of the end of Betlen Drive as excess right-of-way. The area to be abandoned is approximately 0.16 acres. Upon its abandonment, this excess right-of-way would revert to the owners of the adjacent properties from the centerline south to Pulte Homes and from the centerline north to DSRSD. Pulte has stated that they are not interested in utilizing the property as part of the Hacienda Heights Development and plan to quitclaim the property to DSRSD. DSRSD is interested in using this area as a parking area to service their water reservoir. The area would not be used to store vehicles or equipment and would be screened by a six-foot fence. It is anticipated that this use would not have a negative visual impact on the neighboring properties. The process for abandonment is as follows' A resolution of intent to abandon must be adopted by the City Council. This resolution sets a date for a public hearing and adoption of a resolution for vacation of right-of-way, which is subject to any easements required by the City or public utilities. After its adoption, the resolution of intent is forwarded to the utilities, published, and posted in the City's established posting places. In addition, a notice is posted at the location itself. The public hearing must be held at least 15 days following adoption of the resolution of intent: Staff is recommending a public hearing date of February 13, 1989, in order to give utilities a chance to respond with their requests for easements. Staff recommends that the City Council adopt the resolution of intent. ITEM NO. ~ ~ COPIES TO: Pulte Homes " DSRSD RESOLUTION NO. -88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN A RESOLUTION OF INTENTION TO VACATE A PUBLIC STREET WESTERN TERMINUS OF BETLEN DRIVE Recitals The City Council of Dublin does RESOLVE as follows: That the City Council adopts this resolution under the provisions of Streets and Highways Code Sections 8310 et. seq. and section 8320 in particular. It is the intention of the City Council to vacate a portion of Betlen Drive. Said Betlen Drive is a public street in the City of Dublin, Alameda County, California, officially known and designated as such. That portion of this street so proposed to be vacated and abandoned is described in Exhibit A and shown in Exhibit B of this resolution. These proceedings are taken subject to the reservation and exception, until such time as all utilities are relocated outside the area proposed to be vacated, of easements and rights-of-way 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. Reference is hereby made to a map of said proposed vacation entitled "Plat of Street Vacation (A Portion of Betlen Drive)" dated March 9, 1988, on file in the Office of the City Clerk for particulars as to the proposed vacation. Notice is hereby given that on February 13, 1989, at 7:30 p.m. at the Dublin Library, 7606 Amador Valley Boulevard, Dublin, California, any and all persons having any objections to the proposed vacation may appear before said Council and show cause wh~ said proposed vacation should not be ordered. The City Clerk shall cause this Resolution of Intention to be posted'in at least three (3) public places in the City of Dublin in accordance with Section 36922 of the Government Code. Said posting shall be not less than fourteen days prior to the date of hearing. This resolution shall be posted conspicuously along the line of said street to be vacated at least fourteen days before the date of hearing. Such resolution shall be posted not more than 300 feet apart, but at least three shall be posted, in accordance with Streets and Highways Code Section 8323. EXHIBIT Notice in accordance with Streets and Highways Code Section 8322 shall be published for at least two successive weeks in a newspaper published in Alameda County. PASSED, APPROVED, AND ADOPTED this 12th day of December, 1988. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk oo EXHIBIT "A" LEGAL DESCRIPTION OF A STREET VACATION (A PORTION OF BETLEN DRIVE) #8704071.30 3-1-88 All that real property situate in the City'~)f Dublin, County of Alameda, State of California, described as follows: Being a portion of Betlen Drive as shown on Parcel Map 2795 filed July 25, 1980 in Book 119 of Maps at Page 53 and Tract 2534 filed August 25, 1964 in Book 49 of Maps at Page 6, Official Records of Alameda County, more particularly described as follows: PARCEL 1 .'-- BEGINNING at the most southwest corner of said Betlen Drive; thence N 0° 47' 30" E 64.00 feet to the most northwesterly corner of said Betlen Drive; thence S 89° 20' 00" E 141.29 feet to a point of cusp with a curve concave to the south having a radius of 44.00 feet and to which point a radial line bears N 0° 40' 00" E; thence westerly, southwesterly, southerly and southeasterly 89.88 feet along said curve through a central angle of 117° 02' 08" to a point to which a radial line bears S 63° 37' 52" W; thence leaving said curve N 89° 20' 00" W 102.24 feet to the point of beginning. Containing 0.153 acres, more or less. PARCEL 2 Being all of the lands of the County of Alameda described as Parcel 1 in the Corporation Grant Deed recorded on Reel 1321 at Image 927, Official Records of Alameda County, more particularly described as follows: BEGINNING at the most southeasterly corner of said Parcel 1, said point being the most southwesterly corner of said Betlen Drive; thence N 89° 20' 00" W 5.00 feet; thence N O~ 4l' 30" E 64.00 feet; thence S 89° 20' 00" E 5.00 feet; thence S 0° 47' 30" W 64.00 feet to the point of beginning. Containing 0.007 acres, more or less. JKSL.57 ASSEId~LIES OF GOD~ YAL Z EY CI-{RIS T/AI1 C£/v'TE~o 0 ..-I o m ,,-i I11 Z LO. IV 0" ~17' ~0" Al 0° ,,¢7' 30" £ ";no : o."' ~.,4.00 ' w o '4~ 'oo "~ ~41- II 7 - 1,4 . i • l 0.0.0....<- GR. I . ` . 0 � .H:.15EN T;a . "� t i r t P 1 $ . . I /. . T cFE l j �l/ / ?/ 3 VALLEY 41p, 1.w��LcCHRISTIAN w a?1V c CENTER ?DeTpN ). 40. .,°‘ : -., ':)\‘' \ . \ 4 •. tn-jrili : . i � /• . , . P2LZ . . / 4 Z� BETIEN . . . . No SCAB . , /as N ' /. ' . tir . J 1 •11 ,� 11�\•1 L R4MPgi T �� 0. ' i i I• • : CT � • oP - - --- - --- - • 11- IT . . . z ., , ,,• .„.., 4 ,,,.. , • . . • • • . . . . . . . .