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Home My WebLink About6.6 VacateROWHoustonPlSUBJECT: CITY CLERK FILE # 670-40 AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 7, 2001 Public Hearing: Vacate Excess Right-of-Way on Houston Place Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) 2) 3) Resolution to Vacate Excess Right-of-Way on Houston Place Plat Maps and Legal Descriptions showing the two areas to be vacated Vicinity Map RECOMMENDATION: 1) 2) 3) 4) 5) 6) Open the public hearing Receive Staff presentation Receive public testimony Close public hearing Deliberate Waive reading and adopt Resolution to Vacate Excess Right-of-Way 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, the street was expected to terminate at a cul-de-sac bulb. Since that time, the City Council approved a project by Archstone Communities via Resolution 202-99 and Ordinance 26-99 that will extend Houston Place northeast to where it will connect to the portion of Scarlett Drive to be built along the former Southern Pacific railroad right-of-way. The new Houston Place alignment will leave two contiguous remnant parcels where the cul-de-sac bulb was previously situated, a total area of approximately 1,128 square feet. This area is considered by Staff to be excess right-of-way, and is therefore proposed to be vacated. The bulb portion of the street will be removed and replaced with a straight segment of curb, gutter, and sidewalk during construction of the Archstone project. Because Houston Place is not a major arterial, it is not discussed in the City's General Plan. Therefore, its vacation is not inconsistent with the City's General Plan. Upon vacation, the excess right-of-way will revert back to the underlying property owner. If the underlying property owner does not accept the land, the abutting property owners may elect to acquire it through quiet title action. COPIES TO: Shyam Taggarsi, Archstone Communities Jerry Caton, Caton Moving and Storage Robert Basile, Flow Components Inc. ITEM NO. ~ G:\develop\archstone\agst row abandon.doc Because several utilities occupy the right-of-way to be vacated, the City will reserve a Public Services Easement (P.S.E.) across the land to allow access to and maintenance of any existing or future facilities by the utility providers. The process for abandonment is as follows: Resolution 116-01 was adopted by the City Council at the meeting on July 3, 2001, to establish the City's Intent to Vacate excess right-of-way. This resolution set August 7, 2001, as the date for a public hearing to consider adopting the Resolution for Vacation of Right-of-Way, After approval of the Resolution of Intent, it was discussed with affected utility providers for their input, published and posted in the City's established posting places, and posted in the vicinity of the right-of- way to be vacated. To date, the City has only received written comments from Pacific Bell, said comments having been inCorporated into the Resolution. The City Council must now hear testimony from all persons having an interest in the proposed right- of-way vacation, then consider the testimony, deliberate, waive the reading, and finally approve, conditionally approve, or deny, said right-of-way vacation. Staff recommends that the City Council approve the right-of-way vacation, and adopt the Resolution to 'Vacate Excess Right-of-Way on Houston Place. Page 2 RESOLUTION NO. - 01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN A RESOLUTION TO VACATE EXCESS RIGHT-OF-WAY ON HOUSTON PLACE (STREETS AND HIGHWAYS CODE §8310 et. seq.) WHEREAS, the right-of-way for Houston Place within the City of Dublin was originally dedicated to the public on Parcel Map 4008, recorded on March 6, 1985, in Book 152 of Parcel Maps at Page 51, Alameda County Records; and WHEREAS, a new alignment for Houston Place was approved by the City Council via Resolution 202-99 and Ordinance 26-99 in conjunction with the Archstone Communities apartment project on Houston Place at Dougherty Road; and WHEREAS, a portion of right-of-way on Houston Place where the cul-de-sac bulb resides is now considered excess by the City Council as shown and described on Exhibits "A" and "B" for a 559 square foot area, and on Exhibits "A" and "B" for a 569 square foot area, said exhibits being attached hereto and made a part hereof; and WHEREAS, on July 3,2001, the City Council adopted Resolution 116-01 titled "Resolution of Intent to Vacate Excess Right-of-Way on HOuston Place" in accordance with the abandonment procedure defined in Streets and Highways Code §8310 et. seq. and §8320 in particular; and WHEREAS, a Public Services Easement (PSE) will be reserved across the right-of-way to be vacated to allow access to and maintenance of any existing or future facilities or utilities by the 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 therefore this vacation is not inconsistent therewith; NOw, THEREFORE, BE IT RESOLVED that the City Council, having conducted a public hearing to consider vacating the excess right-of-way on Houston Place, and having considered the testimony of all persons having an interest in the proposed right-of-way vacation, did approve this Resolution to Vacate Excess Right-of-Way on Houston Place. The boundaries of said excess right-of-way are shown and deScribed on Exhibits "A" and "B" for a 559 square foot area, and on Exhibits "A" and "B" for a 569 square foot area, said exhibits being attached hereto and made a part hereof. BE IT FURTHER RESOLVED that the City Council did except and reserve a permanent Public Services Easement (P.S.E.) across the entire area to be vacated 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 Houston Place or parts thereof. BE IT FURTHER RESOLVED that the City Clerk is directed to forward this Resolution to Vacate Excess Right-of-Way on Houston Place to the Alameda County Recorder for recording, along with Exhibits "A" and "B" for a 559 square foot area, and Exhibits "A" and "B" for a 569 square foot area, said exhibits being attached hereto and made a part hereof. PASSED, APPROVED AND ADOPTED this 7th day of August, 2001. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor Cit, y Clerk g:develop~archstone[reso row abandon, doc 2 Owner: City of Dublin Exhibit "A" Legal Description Portion of Houston Place to be Vacated Real property situate in the City of Dublin, County of Alameda, State of California; being a portion of Houston Place as said place is shown on Parcel No. 4008, filed on March 6, 1985 in Book 152 of Parcel Maps at Page 51, Alameda County Records. Beginning at the northerly terminus of the line having a bearing and distance of"S. 1 °17'02"W. 131.90 '", being the common line between Parcels B and C of said parcel map; thence along the northerly prolongation of said common line N.01 °17'02"E., 20.00 feet to the intersection with the easterly prolongation of the southerly line of Houston Place having a bearing and distance of S.88°42'58"E. 508.95' "; thence along said prolongation S.88°42'58"E., 40.00 feet to a non tangent curve to the right having a radial which bears S.51 °50'46"E., a radius of 50.00 feet, a delta of 53007'48'' said curve also being the southerly line of the Houston Place cul-de-sac; then'ce along the southerly line and said curve an arc length of 46.36 feet to the Point of Beginning. Containing: 559 Sq, Ft. +/- Reserving therefrom, a public service easement (P.S.E.) over the above described vacated portion of Houston Place. Charle~ Sellman L.S. 5186 Date P:kJobs-99\991081 \vacation_2 P.O,B. LEGEND POINT OF BEGINNING BOUNDARY EX LOI'~ 0 100 LOT t/NE AOJUSTUENT /HOUSTON '~ / 2oo,08z224 ?ARCF. L C I ,~l~ I ~l~ i ~l~ 94,-o55o-o47 ( IN FEET ) I inch = 100 fL. 800 665,04' 88°42°58" E 508,95' PUBLIC SERVICE RESERVED PARC,-.L B PM 4008 941-0550-062 R=5QO0' 53~7~8" L=4~$6' R=5o. oo' PARC,'-L C A= 90~flO'O0" (tOTAL) L=78.54' (tOTAL) PM 4008 941-0550-047 DETAIL "A' N~S EXHIBIT "B" PLAT TO ACCOMPANY LEGAL DESCRIPTION CITY OF OUBL/N, ALAMEDA COUNTY, CALIFORNIA G,\JOBIg,e~I\991068\PLATS%PLATE.d,,.g 5-~'5-0t 9,47:30 =~ PLS_CADDI9 ~~eri- ~lensen - ~ JAzar ~ As~i~e~ ~ ) 4690 CHABOT ORI~ ~l~ 200 PLEASANTON, CA 94588 ~ PHONE: (925)227-~100- FAX: (925)227-9500 S~LE: DATE: JOB NO.: I=20' 5-25- Ol 991~1 Owner: City of Dublin Exhibit "A" Legal Description Portion of Houston Place to be Vacated Real property situate in the City of Dublin, County of Alameda, State of California; being a portion of Houston Place as said place is shown on Parcel No. 4008, filed on March 6, 1985 in Book 152 of Parcel Maps at Page 51, Alameda County Records. Beginning at the northerly terminus of the line having a beating and distance of"S. 1 °17'02"W. 131.90'", being the common line between Parcels B and C of said parcel map and a non tangent curve to the right having a radial which bears S.1°17'02"W., a radius of 50.00 feet, a delta of 44°24'55"; thence westerly and northwesterly along the southerly line of said Houston Place and said curve an arc length of 38.76 feet to a reverse curve from which a radial line bears S.45°41'57"W. having a radius of 20.00 feet, a delta of 44°24'55"; thence along said curve an arc length of 15.50 feet; thence along the easterly prolongation of the southerly line of Houston Place S.88°42'58"E., 48.99 feet to the intersection with the northerly prolongation of said common line; thence along said northerly prolongation S.01°17'02"W., 20.00 feet to the Point of Beginning. Containing: 569 Sq, Ft. +/- Reserving therefrom, a public service easement (P.S.E.) over the above described vacated portion of Houston Place. ~~s F ~~5186 Date P:\Jobs-99\991081 \vacation Ra8, LEGEND POINT OF BEGINNING BOUNOARY EX LOTS I 0 -N- 100 ( ~N FEET) 1 inch = 100 ft, 200 SEE DERAIL "A" BELO~ HOUSTON PARCr...L A PM 4008 941-550-45- I N 88°42°58' iff I P ARCEL 941-550-67 pi_ACE A PM N 88°42'58* W 55Z 94 PA RCr_.L BX 7153 40Z88' HOUSTON PLACE N &~°,¢238" W 55Z94° (I'OTAL) R=20' L=15,50° SERVICE EASEMENT RESERVED PARC,-'-_ B PM 4008 PARCEL B PM 7153 941-550-68 A= 44"2 4'55 L = 38, 76 ' PARCr'.L B PM 4008 941-550-62 EXHIBIT "B" PLAT TO ACCOMPANY LEGAL DESCRIPTION CiTY OF DUBLIN. ALAMEDA COUNTY, CALIFORNIA G,\JBB1999\991068\PLATS\PLATLdwg 3-1-01 1419'4)8 pn pl, s_c~ddlE [ l~'~eri- '~lensen - [ lazar & ^ssodates ~1~ ~ 4690 CHABOT DRIVE, SUITE 200 e PLEASANTON, CA 94588 ~ PHONE: (925)227-9100 · FAX: (925)227-9300 SCALE: DATE: JOB NO.: I=20' 5-25-0I 991081 RIGHT OF WAY TO BE VACATED PLACE ,~oclates 'VICI N I'TY MAP