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Home My WebLink About6.3 AbndnmntParcelATr4991 CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: October 10, 1988 SUBJECT: Public Hearing: Abandonment of Parcel A, Tract 4991 EXHIBITS ATTACHED: 1) Resolution Abandoning Parcel A (including plats and descriptions) 2) Copy of Resolution of Intention (without attachments) lAr*//-- RECOMMENDATION: 1) Open public hearing 2) Receive Staff report and public testimony 3) Question Staff and the public 4) Close public hearing and deliberate 5) Adopt Resolution abandoning Parcel A FINANCIAL STATEMENT: None. DESCRIPTION: - At the meeting of September 12, 1988, the City Council adopted a resolution of intention to abandon Parcel A of Tract 4991. City Staff has followed the course of action prescribed by the Government Code in publishing and posting copies of the resolution at least 15 days prior to the public hearing. There are no existing utilities in Parcel A. Parcel A was originally offered for dedication as the City wasn't sure of the location of the future street connection to Creekside Drive from Tract 5402 (Castle Construction's Vista Green Terrace - the "Dolan School Site) . The location of Iglesia Drive has now been determined and the street constructed. The offer of dedication of Parcel A was rejected; however, pursuant to Government Code Section 66477.2, the offer remains open to allow the City to accept at a future date. In this regard, the City has rescinded the rejection and accepted the portion of Parcel A, which is the right-of-way of Iglesia Drive, a consent calendar item on this same agenda. This abandonment procedure will negate the offer of dedication on all of Parcel A except for that within Iglesia Drive, and the City's rights in this parcel will revert to Kaufman and Broad. It is Staff's understanding that Kaufman and Broad intends to transfer the portion of Parcel A south of Iglesia to the adjoining property owner and the portion north of Iglesia to the Homeowner's Association as part of their open space. Staff recommends that the City Council conduct a public hearing and adopt the resolution abandoning portions of Parcel A. ITEM NO. 6st? COPIES TO: Kaufman and Broad RESOLUTION NO. -88 A RESOLUTION OF THE GITY COUNGIL OF THE CITY OF DUBLIN A RESOLUTION VACATING PORTIONS OF PARCEL A OF TRACT 4991 Recitals The City Council of the City of Dublin on September 12, 1988, passed its Resolution of Intention No. 122-88 to vacate a portion of Parcel A of Tract 4991, offered for dedication as a public street in the City of Dublin as hereinafter described. A public hearing was set for October 10, 1988, 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. Such hearing was held by the City Council on October 10, 1988, and the City Council at the time of such hearing determined that said portion of Parcel A of Tract 4991 was unnecessary for present or prospective public use. NOW, THEREFORE, the City Council of the City of Dublin does resolve as follows: ' Section 1. That a portion of Parcel A of Tract 4991 located within the City of Dublin, Alameda County, California, is unnecessary for present or prospective public use and said portion of Parcel A of Tract 4991 is hereby vacated and abandoned; said portion of Parcel A of Tract 4991 is more particularly described and depicted in Exhibits A, B, C, and D attached to this Resolution. Section 2. This Resolution shall be recorded with the Alameda County Recorder, pursuant to Streets and Highways Code Section 8325, and the vacation shall be complete upon such recordation. PASSED, APPROVED, AND ADOPTED this 10th day of October, 1988. AYES: NOES: ABSENT: ATTEST: Mayor City Clerk ' EXHIBIT "A" ,. .., .~ ...i:...'..::'.j.~I~''',. PORTI0' 'F PARCEL "A" TRACT 4991 --':.. · SOUTH OF IGLESIA DRIVE THAT CERTAI ' CITY OF DuBLiN, COUNTY OF ~A, STATE OF O~IFO~IA, DES~IBED ~ FOLLOWS: BEING A ~RTION OF P~L 'A ~ SHO~ ~ON ~GT 4991. FInD IN ~K 147 OF ~S AT PAGES 75-80 ~L~DA CO~ ~CO~S, F~T~ DES~IB~ AS FOLLOWS: ~GI~ING AT ~' SO~~T GO~ OF SAID P~L A (147 M SAID POINT BEING T~ SOUT~ST GO~ OF nOT 40 ~ S~O~ ON ~CT 5402 FInD IN'B~K 180 OF ~S AT PA~'8, ~A CO~- ~CO~S, SAID ~INT ~SO BEING A 1 INCH I~N PIPE ~D R.C.E. 17959; T~N~ ALONG T~ E~LY LI~ OF SAID P~GEL "A".NORTH 2o39'37'' .. ~ST. 106.58 ~T TO A ~INT ON ~ SOUT~LY LI~ OF IG~SIA DRIP; T~CE ~VING SAID ~~Y LI~ SOU~ 87o20'2~'' ~ST 16.27 ~T; . ~~ ALONG T~ ~G OF A 20 F~T ~IUS _~.GONGA~ TO T~ SOUT~T, ~VING A GEN~ ~G~ OF 90o59'23'', ~UGH ~ ..~G ~NGTH OF 31.76 ~T TO ~ C~ON TO SAID P~L .A'.~ ~EK SIDE DRIP; ~N~ ALONG SAID GO~ON LI~ ..SOU~ S°39'00" ~T. 86.26 ~T; T~N~ ~VING SAID CO~ON LI~ NORTH 87o19'12" ~ST 34.79 ~T TO T~ ~INT OF BEGI~ING. CONTAINING ~716 SQU~ '~T (0.0853 A~S) MO~ OR ~SS. 069-88040-141 EXHIBIT "B"" ' Babbitt Civil IEngtneering,lne- EXHIBIT "C" PORTION OF PARCEL "A" TRACT 4991 NORTH OF IGLESIA DRIVE THAT CER~ P~-PP~TY S'i'~K IN THE CITY OF DUBLIN, COUNTY OF ~J~?.nA,. STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: .~. BEING A PORTION OFPARGEL X AS SHOWN ON TRACT 4991 FILED IN BOOK 147 OF MAPS AT PAGES 75 TO 80, ~A COUNTY RECORDS, FURT~R DESCRIBED AS FOLLOWS: BEGINNING AT A POINT t~EING THE NORTHEAST CORNER OF SAID PARCEL A, SAID pOINT ALSO LYING ON THE SOUT~qLY LINE OF ROLLING HILLS DRIVE AS SHOWN ON SAID TRACT 4991 (147 M 75); T~ENCE ALONG THE EASTERLY LINE OF SAID PARCEL A SOUTH 2o39'37 ~ EAST 988.74 FEET;. THENCE LEAVING . SAID EASTERLY LINE SOUTH 87°20' 23" WEST 17.83.' FEET; THENCE ALONG THE ARC OF A 20.00 FOOT RADIUS CURVE BEING CONCAVE. TO THE NORT~E.~ST, -HAVING A CENTRAL ANGLE OF 89000'37'', THROUGH AN ARC LENGTH OF 31.07 ~T TO A pOINT ON THE LINE COMMON TO SAID PARCEL A AND CR~K SIDE DRIVE; THENCE- ALONG SAID COMMON .LINE NORTH 3o39'00N ~ST 948.29 FEET; THENCE r,F. AVING SAID COMMON LINE NORTH '41°21'00'' EAST 28.28 FEET; THENCE NORTH 86o21'00" EAST 34.56 FEET TO THE POINT OF BEGINNING. . . CONTAINING 45,202 SQUARE'FEET (ii038 ACRES) MORE OR LESS. 069-88040-141 EXHIBIT "D" RESOLUTION NO. 122-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN A RESOLUTION OF INTENTION TO VACATE A PUBLIC STREET PARCEL "A" OF TRACT 4991 (Easterly of Creekside Drive) Recitals The City Council of Dublin does RESOLVE as follows: That the City Council adopts.this resolution under the provisions of S~reets 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 Creekside Drive. Said Creekside 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 and depicted on Exhibits A, B, C, and D attached hereto. 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 a~d incidental purposes thereto, including access *'~ Reference is hereby made to a map of said proposed vacation entitled "Vacate Parcel A, Tract 4991" dated September 8, 1988, on file in the Office of the City Clerk for particulars as to the proposed vacation. Notice is hereby given that on October 10, 1988, at 7:30 p.m. at the Dublin Library, 7606 Amador Valley Boulevard, Dublin, California, any and all persons having any objeccions to the proposed vacation may appear before said Council and show cause why 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 September, 1988. AYES: Councilmembers Hegarty, Moffatt, Snyder, Vonheeder and Mayor Jeffery NOES: None ABSENT: None ATTEST: City Cle~ ~.~