HomeMy WebLinkAboutReso 064-03 Vac ROW DubBlvd RESOLUTION NO. 64 - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
RESOLUTION TO VACATE EXCESS RIGHT-OF-WAY ON
DUBLIN BOULEVARD IDENTIFIED AS PARCEL "C"
(STREETS AND HIGHWAYS CODE §8310 et seq.)
AND ACCEPT REPLACEMENT RIGHT-OF-WAY IDENTIFIED
AS PARCEL "D" FROM PARCEL MAP 7395
WHEREAS, the City of Dublin acquired fight-of-way for Dublin Boulevard, east of the Southern
Pacific Railroad right-of-way ("Road Extension Property") from the United States of Amefica via a Quit
Claim Deed recorded as Series No. 94-312570 on September 22, 1994, Alameda County Records; and
WHEREAS, the City subsequently established a new Precise Plan Line for the segment of Dublin
Boulevard from the eastern BART access drive (now called "Iron Horse Parkway") to Hacienda Drive via
Ordinance No. 9-95 adopted on August 22, 1995, to conform to roadway alignments included in the
Eastern Dublin Specific Plan; and
WHEREAS, the Community Development Director approved Tentative Parcel Map 7395 subject
to Condition of Approval No. 16, which requires the Surplus Property Authority of The County of
Alameda to grant to the City the right-of-way for Dublin Boulevard along the Precise Plan Line adopted in
1995, and requires the City to vacate the segment of Dublin Boulevard along the original Road Extension
Property, west of Arnold Road; and
WHEREAS, the original right-of-way on Dublin Boulevard to be vacated along the Road
Extension Property is identified as Parcel C (4.221 acres) of Parcel Map 7395 (recorded on October 31,
2003, in Book 254, Pages 28-37), and is now considered excess by the City Council as described on the
Quitclaim Deed for Parcel C, and the new fight-of-way along the Precise Plan Line is identified as Parcel
D (3.456 acres) of Parcel Map 7395, said Deeds being attached hereto and made a part hereof; and
WHEREAS, the Planning Commission adopted Resolution No. 03-05 on March 11, 2003, which
found the proposed right-of-way abandonment of Parcel C to be in conformance with the Dublin General
Plan, pursuant to Government Code §65402; and
WHEREAS, on April 1, 2003, the City Council adopted Resolution No. 51-03 titled "Resolution
of Intent to Vacate Excess Right-of-Way on Dublin Boulevard Identified as Parcel C on Parcel Map 7395"
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 right-of-way by executing a Quitclaim
Deed for Parcel C, reserving therefrom a storm drain easement, public service easements and sidewalk
easements as described on the Deed, and will accept replacement right-of-way for Parcel D, as offered by
the Surplus Property Authority of The County of Alameda.
NOW, THEREFORE, BE IT RESOLVED that the City Council, having conducted a public
hearing to consider vacating excess Right-of-Way on Dublin Boulevard, and having considered the
testimony of all persons having an interest in the proposed existing Right-of-Way vacation, did approve
this Resolution to Vacate Excess Right-of-Way on Dublin Boulevard pursuant to Streets and Highways
Code §8310 et seq. and will record a Quitclaim Deed for Parcel C that precisely describes the portion of
Dublin Boulevard to be abandoned. From and after the date this Resolution is recorded, this segment of
Dublin Boulevard will no longer constitute a street.
BE IT FURTHER RESOLVED that the City Council did reserve a 75 foot-wide storm drain
easement to the City of Dublin over the existing open channel that extends along the Parks RFTA
boundary along Parcel C, the existing 1 O-foot-wide Public Service Easement (PSE) and Sidewalk
Easement (SWE) granted across the southern property line of Parcel C, and the existing 12-foot-wide
PSE and SWE across the eastern property line of Parcel C for the benefit of the public, pursuant to the
provisions of Streets and Highways Code §8340, including the right at any time, or from time to time,
to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cable, wires,
poles, and other convenient structures, equipment, and fixtures for the operation of utilities including
access and the right to keep the property free from inflammable materials and wood growth, and otherwise
protect the same from all hazards, in, upon, over, and across that portion of Dublin Boulevard, Parcel C,
or Arnold Road encumbered by said easements.
BE IT FURTHER RESOLVED that the City Council did accept a Grant Deed from the Surplus
Property Authority of The County of Alameda which conveys the right-of-way for Dublin Boulevard
along the Precise Plan Line adopted in 1995, a parcel described as Parcel "D" on Parcel Map 7395.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Quitclaim
Deed for Parcel C and the Certificate of Acceptance for Parcel D. The City Clerk shall then assure that
the Quitclaim Deed for Parcel C and the Grant Deed for Parcel D, together with certified copies of this
Resolution attached to each Deed, are forwarded to the Alameda County Recorder's Office for recording.
PASSED, APPROVED AND ADOPTED this 15th day of April, 2003.
AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None ~~J~-~~Mayor
ATTEST:
Deputy City Clerk
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