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HomeMy WebLinkAboutReso 035-03 VacatePSE HoustonPl RESOLUTION NO. 35 - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESOLUTION TO VACATE A PORTION OF EXISTING PUBLIC SERVICE EASEMENT (P.S.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 City Council as shown and described on the attached Exhibits "A" and "B" for a 376- square-foot area, said Exhibits being attached hereto and made a part hereof; and WHEREAS, on February 3, 2003, the City Council adopted Resolution 11-03 titled "Resolution of Intent to Vacate a portion of the existing Public Service Easement (P.S.E.) on Houston Place" in accordance with the abandonment procedure.defined in Streets and Highways Code §8310 et seq. and §8320 in particular; and WHEREAS, the City Council will vacate said excess portion of the Public Service Easement (P.S.E.) by recording this Resolution and will retain the remaining portion of the 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 this Houston Place P.S.E. and this vacation is therefore not inconsistent therewith; NOW, THEREFORE, BE IT RESOLVED that the City Council, having conducted a public hearing to consider vacating a portion of the existing Public Service Easement on Houston Place, and having considered the testimony of all persons having an interest in the proposed portion of the existing Public Service Easement vacation, did approve this Resolution to Vacate a portion of the existing Public Service Easement on Houston Place. The boundaries of said easement are shown and described on the attached Exhibits "A" and "B" for a 376 square foot area, said Exhibits being attached hereto and made a part hereof; and BE IT FURTHER RESOLVED that the City Council authorizes said Resolution to be held by the City Clerk until the Applicant obtains a Building Permit for the building addition at 63 l0 Houston Place, at which time the City Clerk shall forward this Resolution to Vacate a portion of the existing Public Service Easement (P.S.E.) on Houston Place to the Alameda County Recorder for recording, along with Exhibits "A" and "B". PASSED, APPROVED AND ADOPTED this 4th day of March, 2003. AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart NOES: None ABSENT: None 2 vl ~ ~'-~t~ ~l:erk K/G/3-4-03/reso-PSE[~o~stonGallucci.doc (Item 6.1) G: ~DEVELOP~Galluci Auto B-ddylreso PSE abandon.doc 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 comer of said Parcel A; thence along the easterly line of said Parcel A, S01°17'02"W, 8.00 feet to the Point of Beginning; thence continuing along said easterly line, S01 °17'02"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 comer 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:LAdmin\Jobs-02\021088\Quickclaim easement.doc SCALE 1 inch -- 30' ft. HOUSTON PLACE (,7o'Rt11¢,) P.O.C.--, S88'42'58"E 188.00' 2.00~' "" -- -- I ,. P.0.B.-'~/-'-2.00 S88'42'58"E * 188.00 N88'42'58"1¢ ~ i ~ 188.00 /~-- AREA TO BE ~ i AREA ?ARCEL A PM 7153 EXHIBIT B ~~u~eri- PLAT TO ACCOMPANY LEGAL DESCRIPTION ~.-Iensen - FOR ~ lazar [ A~iates 2' QU/T CLA/M ~ ~ ~o ~,~o~ ~,,~. ~,~ ~oo . ~ PHONE: (925)227-9100- FAX: (925)227-9300 PARCEL A OF PM 71~ SC~E: I D~TE: CI~ OF DUBUN, A~MEDA COUN~ CALIFORNIA AS ~0~~ 12-06-02~ 021088