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HomeMy WebLinkAboutItem 8.2 ROW Scarlett & Iron Horse Trail CITY CLERK File # D[i][Z]~-[j][Z2] AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 5,2007 SUBJECT: ATTACHMENTS: RECOMMENDATION: {/;vV 1) l; FINANCIAL STATEMENT: Resolution of Intention to Establish Right-of-Way Lines for the Extension of Scarlett Drive and the Iron Horse Trail Between Dublin Boulevard and Dougherty Road Report Prepared by: Melissa Morton, Public Works Direc~ 1) Resolution of Intention to Establish Right-of-Way Lines for Scarlett Drive/Iron Horse Trail between Dublin Boulevard and Dougherty Road, including map and legal description of proposed boundaries of the Roadway/Trail Planning Commission Resolution 07-27, making a determination of General Plan Conformity of the location, purpose and extent of the proposed Right-of-Way Lines, for Scarlett Drive/Iron Horse Trail between Dublin Boulevard and Dougherty Road Planning Commission Resolution 07-28, recommending that the City Council adopt a Resolution of Intention to Establish Right-of-Way Lines for Scarlett Drive/Iron Horse Trail between Dublin Boulevard and Dougherty Road Location Map 2) 3) 4) 2) Adopt the Resolution of Intention to establish Right-of-Way Lines for the Extension of Scarlett Drive and the Iron Horse Trail between Dublin Boulevard and Dougherty Road, and Set a Public Hearing for protests on June 19, 2007, at 7:00 p.m., in the Dublin City Council Chambers. No financial impact to the City is anticipated as a result of this action. The project is already approved as a Capital Improvement Program (CIP) Project in the 5-year CIP, and included in the Eastern Dublin Traffic Impact Fee (TIF). The ultimate adoption of the precise right-of-way lines will preclude property owners from building within the established right-of-way lines. COPY TO: ------------------------------------------------------------------------------------------------------------- Page 1 of2 ~.2 G:\CIP\Scarlett Drive-Iron Horse Trail Extension\ROW\agst reso of intention row lines. doc ITEM NO. DESCRIPTION: The Dublin City Council held a public hearing on March 6, 2007, and adopted a Mitigated Negative Declaration for the Scarlett Drive/Iron Horse Trail Extension CIP Project. At that meeting, the City Council also authorized the preparation of a Precise Alignment of Public Improvements (Plan). Staff studied and prepared a Precise Street Alignment Map and legal description of the proposed Scarlett Drive/Iron Horse Trail Extension between Dublin Boulevard and Dougherty Road along the old Southern Pacific Railroad right-of-way. The Plan was subsequently presented to the Dublin Planning Commission for review, report and recommendation. The Planning Commission did review the Plan at a Public Hearing on May 22, 2007, and did affirm that the proposed alignment is in conformance with the City of Dublin's General Plan. The Planning Commission also recommended that the City Council adopt a Resolution of Intention to Establish the Right-of-Way Lines for Scarlett Drive/Iron Horse Trail between Dublin Boulevard and Dougherty Road. Elements of the Plan The proposed southwesterly right-of-way plan line is generally concurrent with the southwesterly right-of- way of the old Southern Pacific right-of-way south of Houston Place. North of Houston Place, the proposed southwesterly right-of-way line is the existing public street right-of-way line adjacent to the Scarlett Place residential development. The width of the right-of-way toward the northeast is established by including four lanes of vehicle traffic with a median and on-street bicycle lanes. It also includes a five-foot landscaped buffer to the Iron Horse Trail, the Trail being ten feet wide with two five-foot shoulders. The proposed right-of-way widens at each end to allow for additional turning lanes. The alignment at Dublin Boulevard is located to be opposite the lanes of Scarlett Drive to the south of Dublin Boulevard. The alignment at Dougherty Road to the north is located to be opposite the signalized entrance to the existing Park Place apartment complex. The proposed right-of-way encompasses properties of four separate owners: Alameda County, the United States of America (Camp Parks), Scarlett Place, LLC, and Scarlett Homes, LLC. Recommendation Staff recommends that the City Council l) adopt the Resolution of Intention to establish right-of-way lines for the extension of Scarlett Drive and the Iron Horse Trail between Dublin Boulevard and Dougherty Road, and 2) set a Public Hearing for protests on June 19, 2007, at 7:00 p.m., in the Dublin City Council Chambers. Page 2 of2 J 0;[-.. Ii RESOLUTION NO. - 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* INTENTION TO ESTABLISH RIGHT-OF-WAY LINES FOR SCARLETT DRIVE/IRON HORSE TRAIL BETWEEN DUBLIN BOULEVARD AND DOUGHERTY ROAD WHEREAS, the transportation connection of a roadway segment (Scarlett Drive) and the Iron Horse Trail between Dublin Boulevard and Dougherty Road along the old Southern Pacific Railroad Right-of- Way is an identified roadway segment within the Transportation Element of the City's General Plan; and WHEREAS, this transportation segment has been identified and included in the City's Five-Year Capital Improvement Program; and WHEREAS, this transportation segment has been included for funding within the Eastern Dublin Traffic Impact Fee; and WHEREAS, this transportation segment has been identified and included in the half-cent sales tax program for partial funding within the Alameda County Transportation Improvement Authority Program; and WHEREAS, the City Council, on March 6, 2007, approved the Mitigated Negative Declaration for the project and directed Staff to prepare a Precise Alignment for the project right-of-way; and WHEREAS, on May 22,2007, the Dublin Planning Commission found the project to be in conformance with the City's General Plan and recommended to the City Council that Council approve a Resolution of Intention to Establish Right-of-Way Lines for Scarlett Drive/Iron Horse Trail between Dublin Boulevard and Dougherty Road; and WHEREAS, Sections 7.68.080 through 7.68.100 of the Dublin Municipal Code requires that a resolution be adopted that sets the time and place for a public hearing and the method and time period to file a protest; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby calls a public hearing pursuant to the provisions of Sections 7.68.080 through 7.68.100 of the Dublin Municipal Code, on June 19, 2007, at 7:00 p.m., in the City Council Chambers, lOO Civic Plaza, Dublin, California, to hear protests and objections to the establishment of right-of-way lines for Scarlett Drive/Iron Horse Trail between Dublin Boulevard and Dougherty Road. Said right-of-way shall encompass all that certain property situated in the City of Dublin, County of Alameda, State of California, described in the Legal Description attached hereto as Exhibit "A," and illustrated on the Map entitled, "Scarlett Drive/Iron Horse Trail Improvement Project, Precise Street Alignment Boundary Map," attached hereto as Exhibit "B." 1 A"A_T'Mf. 2--1 1/ BE IT FURTHER RESOLVED that a copy of this Resolution shall be posted in accordance with Section 7.68.070 of the Dublin Municipal Code at least ten (10) days before the date of the public hearing. PASSED, APPROVED AND ADOPTED this 5th day of June, 2007, by the following vote: AYES: NOES: ABSENT: .'" ABSTAIN: ATTEST: Mayor City Clerk G:\CIP\Scarlett Drive-Iron Horse Trail Extension\ROW\Resolution of Intention.doc 2 3~ /J LEGAL DESCRIPTION I~ROVEMENTPARCEL SCARLETT DRIVE All that certain real property situate in the City of Dublin, County of Alameda, State of California, described as follows: . BEING all of Lot 61, as shown on that certain map entitled "TRACT 7181 SCARLETT PLACE", filed for record on November 13, 2001 in Book 26l of Maps at Pages 79 to 87, inclusive, Alameda County Records, AND BEING a portion of Scarlett Drive, as said road is shown on said map, and ALSO BEING a portion of the parcel shown on Record of Survey 2805, Amending the Record of Survey 2669, filed for record on September 3, 2003 in Book 126 of L.S.M. at Pages 42 to 50, inclusive, Alameda County Records, and ALSO BEING a portion of Parcel 2, as said parcel is described in that certain deed recorded on December 12, 1985 in Document No. 85-264889, Alameda County Records and ALSO BEING a portion of the parcel described in that certain deed recorded on October 10, 1906 in Book 1326 of Deeds at Page 9, Alameda County Records, more particularly described as follows: BEGJNNING at the monument at the intersection of Scarlett Drive and Kilkenny Drive, as said monument is shown on that certain map entitled "TRACT 7181 SCARLETT PLACE", filed for record on November 13, 2001 in Book 261 of Maps at Pages 79 to 87, inclusive, Alameda County Records; Thence along the monument line, as shown on said map, North 46028' 47" West 31.52 feet; Thence leaving said line, South 43031' 13" West 32.00 feet to the southwesterly right-of-way line of Scarlett Drive, as shown on said map, the TRUE POJNT OF BEGINNING; Thence along said right-of-way line the following four (4) courses: 1. North 46028'47" West 254.97 feet to the beginning of a curve to the right having a radius of 11409.19 feet; 2. Along said curve, through a central angle of 0023' 43", an arc length of 78.71 feet; 3. South 67001'29" West 38.26 feet to the beginning of a curve to the left, having a radius of 10.00 feet; 4. Along said curve, through a central angle of 25059'06", an arc length of 4.54 feet; Page 1 of 4 mmlT A To the Resolution 4,* II Thence leaving said line, North 88046'58" West 3.98 feet to the southerly prolongation of the northeasterly.right-of-way line of Dougherty Road, 110.00 feet wide as shown on that certain map entitled "PARCEL MAP 7306", filed for record on July 20, 2001 in Book 260 of Maps at Pages 17 to 23, inclusive, Alameda County Records; Thence along said prolongation and said northeasterly right-of-way line, North 1013'02" East 257.09 feet; Thence leaving said line, South 88046'58" East 14.20 feet to the beginning of a non-tangent curve to the left, having a radius of 100.00 feet, to which point a radial line bears North 88041 '00" West; Thence southerly and southeasterly along said curve, through a central angle of 47047' 47", an arc length of 83.42 feet; Thence South 46028' 47" East 428.44 feet to the beginning of a curve to the right, having a radius of 170.00 feet; < i c Thence along said curve, through a central angle of 3051' 30", an ac'length of 11.45 feet; Thence South 42037' 17" East 0.77 feet to the beginning of a curve to the right, having a radius of 225.00 feet; Thence along said curve, through a central angle of r26'55", an arc length of 29.25 feet; Thence South 35010'22" East 37.28 feet to the beginning of a curve to the left having a radius of 450.00 feet; Thence along said curve, through a central angle of 5026'27", an arc length of 42.73 feet to a point of reverse curvature, said curve having a radius of 1142.00 feet; Thence along said reverse curve, through a central angle of 11 000'33", an arc length of 219.43 feet to a point of reverse curvature, said curve having a radius of 1157.00 feet; Thence along last said reverse curve, through a central angle of 16052'31", an arc length of 340.77 feet; Thence South 46028' 47" East 554.66 feet to the beginning of a curve to the left, having a radius of 1157.00 feet; Page 2 of 4 5~JlI Thence along said curve, through a central angle of 8020'51", an arc length of168.56 feet; Thence South 54049'38" East 213.22 feet to the beginning of a curve to the right, having a radius of 393.00 feet; Thence along said curve, through a central angle of 40047'27", an arc length of 279.79 feet; Thence South 46028'47" East 198.97 feet to the northerly right-of-way line of Dublin Road as said road is shown on said map entitled "TRACT 7181 SCARLETT DRIVE"; Thence along said right-of-way line, North 88046'36" West 293.38 feet to the southeasterly line of Lot 9, as said lot is shown on that certain map entitled "TRACT MAP 6644", filed for record on February 18, 1994, in Book 210 of Maps at pages 98 to 100, inclusive, Alameda County Records; Thence leaving said right-of-way line and along said southeasterly line, North 46013 '02" East 45.23 feet to the easterly line of said Lot 9; Thence leaving said southeasterly line and along said easterly line, North 01 013'02" East'70;66 feet to the southwesterly line of Lot 61, as said lot is shown on that certain map entitled, "TRACT 7181 SCARLETT DRIVE", Thence leaving said easterly line and along said southwesterly line, North 46028'47" West '883.00 feet to the southerly line of PARCEL 1, as said parcel is shown on that certain map entitled "PARCEL MAP 7537", filed for record on October 12, 2001 in Book 260 of Maps at pages 78 to 81, inclusive; Alameda County Records; Thence leaving said southwesterly line and along said southerly line, South 88031' 13" West 28.28 feet: Thence leaving said line, North 46028'55" West 49.92 feet to the southwesterly right-of-way line of said Scarlett Drive, as shown on said map entitled, "TRACT 7181 SCARLETT DRIVE" ; Thence along said right-of-way line, the following ten (10) courses: 1. North 01028' 4 7" West 28.26 feet; 2. North 46028'47" West 165.00 feet. to the beginning of a curve to the right, having a radius of 11 00.00 feet; 3. Along said curve, through a cent.ral angle of 15'"'56' 42", an arc length of 306.12 feet; 4. North 78038'26" West 7.50 feet; Page 3 of 4 ~';t 5. 4North 35017'00" West 33.95 feet to the beginning of a non-tangent curve to the left, having a radius of 19.50 feet, to which point a radial line bears South 59035' 16" East; 6. Northerly along said curve, through a central angle of 46047'33", an arc length of 15.93 feet to the beginning of a non-tangent curve to the left, having a radius of 950.00 feet, to which point a radial line bears North 60045'00" East; 7. Northwesterly along said curve, through a central angle of 15029'53", an arc length of 256.97 feet; 8. South 71033' 46" West 11.50 feet; 9. North 46022'58" West 36.57 feet; 10. North 05056'38" West 16.19 feet to the TRUE POINT OF BEGINNING. Containing an area of 306,862 square feet or 7.04 Acres, more or less. A plat showing the above-described parcel is attached herein and made a part hereof as "Scarlett Drive / Iron Horse Trail Improvement Project". This description was prepared by me or under my direction in conformance with the Professional Land Surveyors Act. ~ .. Randall L. Heiken, P.L.S. 5756 License Expires: 6-30-2008 K\Main\2005\20057079 .. Scarlett Drive Extension\LEGALS\JMPROVEMENT PARCEL.DOC 4-1-\ - 07 Dated: Page 4 of 4 <~ '\, ,...... M013B 335 '" i , : . \ 8 f ~ ~g i -< ~~ ~ ! , fil ~1'5 ~ , :& t1~ ~ ~ "" ~ ~~ :5 ~ ~ : ,. ~ ~: ~ , I ~ l: ~~ 'j I III ,I/.: I ... !Z! -< ! ~~ ~ ~ ~ ,J. =1 I/) 0 uc.. u ; ::3 (.) II) (fl !z ~ IS lSj ~ ~i I ~ ~ 0 C 'i ~ la ~ j j :5~ :5 $ j/~ II I ~ i 1 i DO 00 ~I /,~ r~ J~ ,I" /1 I I I .j I I I I I I d' I j.' I ~ i~ I I 1 J~ aVo .1:> )CIMJ. va I '~ I ! ~ J ~I ! 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'" 0 ,; 2 b " I '- fl""PlOflvO "J 1 va A'tIM j() lH::>I~ 118JHX3\1181HX 1\::>MC\6LOLSO\c;O!iu3\.J ~ { j I RESOLUTION NO. 07 - 27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN DETERMINATION OF GENERAL PLAN CONFORMITY OF THE LOCATION, PURPOSE AND EXTENT OF THE PROPOSED ALIGNMENT OF THE RIGHT-OF-WAY FOR SCARLETT DRIVE/IRON HORSE TRAIL BETWEEN DUBLIN BOULEVARD AND DOUGHERTY ROAD WHEREAS, it is an implementing policy of the Circulation and Scenic Highways Element of the Dublin General Plan to create a new street along the old Southern Pacific Railroad Right-of-Way to connect Dublin Boulevard to Dougherty Road; and WHEREAS, the establishment of any right-qf-way is governed by Chapter 7.68 of the Dublin Municipal Code; and WHEREAS, the City of Dublin approved a Mitigated Negative Declaration for the Scarlett Drive/Iron Horse Trail Project on March 6, 2007, by adopting City Council Resolution 29-07; and WHEREAS, on March 6, 2007, the City Council directed Staff to prepare a Precise Alignment for the Scarlett Drive/Iron Horse Trail between Dublin Boulevard and Dougherty Road; and WHEREAS, the alignment study has been completed; and WHEREAS, Government Code Section 65402(a) of the Government Code states, in part, that if a general plan has been adopted, no real property shall be acquired by dedication for street purposes until the location, purpose and extent of such acquisition has been reported upon by the planning agency (Planning Commission) as to conformity with the adopted general plan; and WHEREAS, the City of Dublin General plan was adopted on February 11, 1985, and amended on September 14, 2006, and such Plan is applicable to the properties through which the right-of-way passes; and WHEREAS, the properties through which the proposed alignment of the right-of-way passes lies within the corporate limits ofthe City of Dublin; and WHEREAS, the properties through which the proposed alignment of the right-of-way pases is located within an area encompassed by the lands designated in the General Plan as M -l, Light Industrial; and WHEREAS, the properties through which the proposed alignment of the right-of-way passes is located within an area encompassed by the lands on four (4) privately and publically owned parcels, including the following Alameda County Assessor Parcel Numbers: 986-0001-001-15, 941-28l5-015, 986-0001-003-01, 986-0001-003-02; and 1 A1'rACDEff k 1~/I WHEREAS, the improvements along the right-of-way alignment of Scarlett Drive/Iron Horse Trail will provide for public access, and will be consistent with City standards; and WHEREAS, the proposed right-of-way is within the physical scope of the Dublin General Plan, and therefore, its extent will be encompassed by, and consistent with, the Dublin General Plan. As such, it is found that the establishment of the right-of-way alignment is consistent with regard to location, purpose and extent with the Dublin General Plan. NOW, THEREFORE, BE IT RESOLVED that the properties through which the aligned right-of-way passes is within the physical scope of the Dublin General Plan, and therefore its extent will be encompassed by, and will be in conformance with, the Dublin General Plan. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby find that: A. The proposed area where the established right-of-way will be aligned is within the City of Dublin and is subject to the General Plan of the City of Dublin. B. The properties through which the right-of-way alignment passes is located within an area designated M-l Light Industrial in the Dublin General Plan, and is proposed to be developed for circulation purposes in a manner consistent with those designations. Therefore, the establishment of a right-of-way alignment across that land is consistent with regard to location and purpose with the Dublin General Plan. C. The properties through which the right-of-way alignment passes will be developed for circulation purposes, and is within the physical scope of the Dublin General Plan. PASSED, APPROVED AND ADOPTED this 22nd day of May, 2007 by the following vote: AYES: Vice Chair Wehrenberg, Commissioners Biddle and Tomlinson NOES: None ABSENT: Chair Schaub, Commissioner King ABSTAIN: None Planning Commission Chairperson ATTEST: Planning Manager C:\Docwnents and Settings\MichellelLocal Settings\Temporary Internet Files\OLK6\PC Reso confonnity.doc 2 /0 ~ l) RESOLUTION NO. 07 - 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THE CITY COUNCIL ADOPT A RESOLUTION OF INTENTION TO ESTABLISH RIGHT-OF-WAY LINES FOR SCARLETT DRIVE/IRON HORSE TRAIL BETWEEN DUBLIN BOULEVARD AND DOUGHERTY ROAD WHEREAS, the City of Dublin approved a Mitigated Negative Declaration for the Scarlett Drive/Iron Horse Trail Project on March 6,2007, by adopting City Council Resolution 29-07; and WHEREAS, the alignment study has been completed; and WHEREAS, the alignment of Scarlett Drive/Iron Horse Trail is appropriate for the subject property in terms of being compatible with existing land uses and conforming to the underlying land use designations and because it will not overburden public services; and WHEREAS, the proposed right-of-way is within the physical scope of the Dublin General Plan, and therefore its extent will be encompassed by, and consistent with, the Dublin General Plan. As such, it is found that the establishment of the right-of-way is consistent with regard to location, purpose and extent with the Dublin General Plan, the Downtown Dublin Specific Plan, and West Dublin BART Specific Plan; and WHEREAS, a Staff Report was submitted by City Planning and Engineering Staff as required by Chapter 7.68 of the Dublin Municipal Code, recommending that the Planning Commission recommend that the City Council adopt a Resolution of Intention to establish right-of-way lines; and WHEREAS, the Planning Commission did review and use their independent judgment to consider the alignment of Scarlett Drive/Iron Horse Trail, associated staff report and public testimony at a properly noticed public hearing on May 22,2007; and WHEREAS, the alignment will not have a substantial adverse effect on health or safety or be substantially detrimental to the public welfare or be injurious to property or public improvements. NOW, THEREFORE, BE IT RESOLVED that the Dublin Planning Commission does hereby recommend that the City Council adopt a Resolution of Intention to adopt right-of-way lines for Scarlett Drive/Iron Horse Trail between Dublin Boulevard and Dougherty Road.. PASSED, APPROVED AND ADOPTED this 22nd day of May 2007 by the following vote: AYES: Vice Chair Wehrenberg, Commissioners Biddle and Tomlinson NOES: None ABSENT: Chair Schaub, Commissioner King ABSTAIN: None ATTEST: Planning Commission Chairperson Planning Manager C:\Documents and Settings\Michelle\Local Settings\Temporary Internet Files\OLK6\PC Reso Intention.doc ArrAUIDIEfr 3. 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