HomeMy WebLinkAboutReso 022-89 VacateBetlenDrRESOLUTION NO. 22 -89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
A RESOLUTION VACATING A PUBLIC STREET
WESTERN TERMINUS OF BETLEN DRIVE
Recitals
The City Council of the City of Dublin on December 12, 1989, adopted its
Resolution of Intention No. 149-88 to vacate a portion of Betlen Drive
(western terminus, westerly of Las Palmas Way), a public street in the City of
Dublin, as hereinafter described.
The City of Dublin Planning Commission considered the proposed vacation
on February 6 and February 21, 1989, and found that the proposed vacation of
this portion of Betlen Drive is in conformance with the City's General Plan.
A public hearing was set for February 13, 1989, and continued to the
meeting of February 27, 1989, 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 February 13, 1989, and
continued on February 27, 1989, and the City Council at the time of such
hearing determined that said portion of Betlen Drive 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 Betlen Drive located within the City of
Dublin, Alameda County, California, is unnecessary for present or prospective
public use and said portion of Betlen Drive, as described in Exhibit A and
depicted in Exhibit B attached hereto, is hereby vacated and abandoned,
reserving and excepting therefrom 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, as described in Exhibit C and depicted in Exhibit D
attached hereto.
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 27th day of February, 1989.
AYES:
Councilmembers Hegarty, Jeffery, Snyder, Vonheeder
&Mayor Moffatt
NOES: None
ABSENT: None
ATTEST ·
i y er
EXHIBIT "A"
LEGAL DESCRIPTION
OF A
STREET VACATION
(A PORTION OF BETLEN DRIVE)
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 I 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. 0.~ 4~'..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.
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EXHIBIT "C"
Easements reserved from Parcels 1 and 2
Pacific Bell
For the benefit of Pacific Bell, the permanent easement and 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
telegraphic and telephone lines and other communication facilities, 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 Betlen Drive or parts thereof.
Viacom Cablevision
For the benefit of Viacom Cablevision, the permanent easement and 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
cable television lines, 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 Betlen
Drive or parts thereof.
City of Dublin Storm Drainage Facilities
For the benefit of the City of Dublin, the permanent easement and the right
at any time or from time to time to construct, maintain, operate, replace,
remove, renew, and enlarge lines of pipe, catch basins, manholes, and other
related structures, equipment and fixtures for the operation of storm drain
facilities, including access and the right to keep the property free from
blockage and otherwise protect the same from all hazards, in, upon, over, and
across that portion of Betlen Drive or parts thereof.
Pacific Gas and Electric Co.
For the benefit of Pacific Gas and Electric Co., the permanent easement and
the right at any time or from time to time to construct, maintain, operate,
replace, remove, renew, and enlarge facilities consisting of such underground
conduits, pipes, manholes, service boxes, wires, cables, and electrical
conductors; aboveground marker posts, risers, and service pedestals;
underground and aboveground switches, fuses, terminals, and transformers with
associated concrete pads; and fixtures and appurtenances necessary to any and
all thereof; and one or more underground pipes with suitable service pipes
and connections, as Pacific Gas and Electric Co. deems necessary, for the
conveyance of gas; and such poles, aerial wires, cables, electrical
conductors with associated crossarms, braces, transformers, anchors, guy
wires and cables, fixtures and appurtenances, 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 Betlen Drive or parts thereof located within the strips of land
described as follows:
I. The northerly 10.0 feet of Parcel 1.
II. The northerly 10.0 feet of Parcel 2; and
One or more underground pipes with suitable service pipes and connections, as
Pacific Gas and Electrie Co. deems necessary, for the conveyance of gas
located within the strip of land described as follows and depicted on Exhibit
D attached hereto.
A strip of land of the uniform width of 10.0 feet lying 5.0 feet on each side
of a line which begins at a point within said Parcel i and runs thence N.82
50'E. approximately 10 feet to a point in the westerly boundary line of
Betlen Drive; said point of beginning bears S.80 22'W. 74.7 feet distant from
the found monument marking the intersection of the monument lines of said
Betlen Drive and Las Palmas Way; said strip of land being a portion of
Parcel 1.
Private Storm Drain Facilities
For the benefit of property owners, Tract 5777 Lots 20, 21, 22, 23, 24, and
25, the permanent easement and the right at any time to discharge storm
waters into storm drainage facilities located upon that portion of Betlen
Drive or parts thereof.
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DESCRIPTION
STREET VRCRT I0N
BETLEN DRIVE, DUBLIN
PRCZFZC ORS FIND ELE:CTRZC COHPRNY
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EXHIBIT "D"
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DNN, CHKD,SUPV,RPVD,
ERST BRY RE6ION
HISSION DIVISION
RLRHEDR COUNTY
SHEET NO. I OFISHEETS
DRRNING NO.
~0:020189