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Home My WebLink About4.05 HoustonPl PUEFile # 670-40 CI TY CLERK AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 4, 2003 SUBJECT: Intention to Vacate a Portion of Existing Public Service Easement (P.U.E.) on Houston Place Report Prepared by: Lee S. Thompson, Public PVorks Director ATTACHMENTS: 1) Resolution of Intention to Vacate a Portion of existing Public Service Easement on Houston Place 2) Plat Map and Legal Description showing the area to be vacated 3) Vicinity Map RECOMMENDATION:/40,, )~ Adopt the Resolution of Intention to Vacate a Portion of the existing ~ Public Service Easement (P.U.E.) on Houston Place FINANCIAL STATEMENT: No financial impact to the City will result from the recommended action. DESCRIPTION: At the time Houston Place was originally dedicated on Parcel Map 4008 in March of 1985, a 10-foot-wide Public Service Easement (P.S.E.) was dedicated to the City for use by public utility providers. Recently, Gallucci Collision Center submitted an application to refurbish and occupy the former truck scale building at 6310 Houston Place. As part of this application, Gallucci proposes to construct an office addition on the front of the building that will encroach 2 feet into the existing easement. Before continuing in the application process, Gallucci has asked the City to vacate the portion of the easement in conflict with the proposed building addition. Because several utilities occupy the existing easement, the City will retain the remaining P.S.E. to allow access to and maintenance of any existing or future facilities by utility providers. The total area of the easement to be vacated is approximately 376 square feet. Staff considers this area to be excess. Upon vacation, the City will record a Quit Claim Deed that describes the area to be vacated (188 feet by 2 feet). The process for abandonment is as follows: A Resolution of Intention to Vacate must be adopted by the City Council. This resolution sets a date for a public hearing and for adoption of a Resolution for Vacation. After adoption, the Resolution of Intent is forwarded to all affected utility providers for input. The resolution is also published and posted in the City's established posting places, and three copies are posted in the vicinity of the easement to be vacated. COPIES TO: Jim Gallucci, Gallucci Collision Center ITEM NO. G:~DEVELOP\Galluci Auto Body\agst intent PUE abandon.doc // A public hearing must then be held no sooner than 14 days following adoption of the Resolution of Intention to Vacate. Staff is recommending a public hearing date of March 4, 2003, in order to allow utility providers ample time to respond. Staff recommends that the City Council adopt the Resolution of Intention to Vacate a Portion of the existing Public Service Easement (P.S.E.) on Houston Place. RESOLUTION NO. - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESOLUTION OF INTENTION TO VACATE A PORTION OF EXISTING PUBLIC SERVICE EASEMENT (P.U.E.) ON HOUSTON PLACE (STREETS AND HIGHWAYS CODE §8310 et. seq.) WHEREAS, the Public Service Easement (P.S.E.) on Houston Place within the City of Dublin was originally dedicated to the public on Parcel Map 4008, and recorded on March 6, 1985, in Book 152 of Parcel Maps at Page 51, Alameda County Records; and WHEREAS, a portion of the existing Public Service Easement (P.S.E.) on Houston Place is now considered excess by the City Council as shown and described on Exhibits "A" and "B" for a 376-square-foot area, said exhibits being attached hereto and made a part hereof; and WHEREAS, the City Council intends to vacate said excess Public Service Easement (P.S.E.) by recording a Quit Claim Deed and will retain the remaining P.S.E. to allow access to and maintenance of any existing or future facilities by utility providers; and WHEREAS, after considering the City's General Plan, the City Council finds that the General Plan does not apply to Houston Place and this vacation is therefore not inconsistent therewith; NOW, THEREFORE, BE IT RESOLVED that on March 4, 2003, at 7:00 p.m. in the City o£Dublin City Council Chambers, 100 Civic Plaza, Dublin, California, the City Council will conduct a public hearing to consider vacating a portion of the existing Public Service Easement (P.S.E.) on Houston Place; any and all persons having any objections to the proposed easement vacation may appear before said Council and show cause as to why said proposed vacation should not be ordered. BE IT FURTHER RESOLVED that the City Clerk is directed to publish said Resolution of Intention to Vacate a Portion of the existing Public Service Easement (P.S.E) on Houston Place for at least two successive weeks prior to the public hearing in a daily, semiweekly, or weekly ne;vspaper published and circulated in the local agency conducting the proceeding. BE IT FURTHER RESOLVED that the City Clerk is directed to conspicuously post said Resolution of Intention to Vacate a Portion of the existing P.S.E on Houston Place in at least three (3) public places along the line of the street proposed to be vacated, with each notice posted not more than 300 feet apart. Said posting shall occur not less than two weeks prior to the date of the public hearing. PASSED, APPROVED AND ADOPTED this 4th day of February, 2003. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor _ City Clerk Parcel A PM7163 City of Dublin County of Alameda APN 941-550-067 Exhibit "A" Legal Description 2' Public Service Easement Quit Claim Real property situate in the City of Dublin, County of Alameda, State of California being a portion of Parcel A as said Parcel A is shown on the map entitled "Parcel Map 7163", filed in Book 234 at Pages 80 and 81, Official records Alameda County described as follow: Commencing at the most northeastern corner of said Parcel A; thence along the easterly line of said Parcel A, S01°IT02"W, 8.00 feet to the Point of Beginning; thence continuing along said easterly line, S01°I 7'02"W, 2.00 feet to the southerly line of a 10 foot wide Public Service Easement (PSE) as said easement is shown on said Parcel Map 7163; thenCe leaving said easterly line along said southerly line N88°42'58"W, 188.00 feet to the westerly line of said Parcel A and the southwestern corner of said PSE; thence along said westerly line, NO 1 °17'02"E, 2.00 feet; thence leaving said westerly line and, on a parallel line that measures 8.00 feet at right angles to the northerly line of said Parcel A, S88°42'58"E, 188.00 feet to the Point of Beginning. Containing: 376 Sq Ft ± ~el~ 86 Date Created on 12/6/02 7:53 AM G:kAdmin\Jobs-02\02 1 088\Quickclaim easement.doc N- 1 inch = ~!0' ft.. HOUSTON PLACE $88'42'58"E 188.00' QUIT CLAIMED '~ AREA ~ ~ ~ P~ 71~3 U ~\JohL~O2\G~IOOOXHAPPING\PLATS\OTCLAIH.~wg 12/06/~08 0~45~0 AH PST EXHIBIT B PLAT TO ACCOMPANY LEGAL DESCRIPTION ~lensen - . FOR J zar ~ Ass~ates 2 OUIT CLAIM ~ PHONE: (925) 227-9100 FAX: (925) 227-9~00 PARCEL A OF PM 716J .............. ~c~E: I DATE: I JOB NO.: