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Home My WebLink AboutReso 148-01 HoustonPl ROWRESOLUTION NO. 148 - 01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN VACATING EXCESS RIGHT-OF-WAY ON HOUSTON PLACE (STREETS AND HIGHWAYS CODE §8310 et. seq.) WHEREAS, the fight-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 fight-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 fight 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 fight 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: Councilmembers Lockhart, McCormick, Oravetz, Zika and Mayor Houston NOES: None AB SENT: None ABSTAIN: None ATTEST: --~ [. ~ty Cler~ K2/G/8_7.01/reso-houston-row.doc (Item 6.6) g: developlarchstonetrcso 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 Dubiin, 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; thence 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. Charles F Sellman L.S. 5186 Date P:klobs-99\99108 l\vacation_2 LEGEND P.O.B. POffVT OF BEC. INNING ~ ~ __. BOUNDARY EX LOTS 0 '100 ~00 ( IN FEET ) I inch : 100 ft, _ ~ / LOT L/NE ADJUSTtJENT % /HOUSTON '~ ~ ........ ,oo,o~,22, ........ (\1 ~ ~ ~)~~r_~7~c~PLACE ~ ~ '~ ~'i>~"g .......... ~i~;~" ........................... /% ~ ~ PARCEL C / ~ ~ ~r ~¢~ "*' ~o~ PM ~,008 N ~'42~' W , 665,04 88°42'58' E 508.95' PUBLIC SERWCE RESERVED PARCm_ B PM 4008 ~41-0550-0~2 ~=5o. oo' PARCr'.L C A=90"oo'o0" (tOTAL) R=50, O0' L=78.54' (TOTAL) PM 4008 ,53~07°48" 941-0550-047 L =46.36' DETAIL "A" NTS EXHIBIT "B" PLAT TO ACCOMPANY *LEGAL DESCRIPTION CITY OF DUBLIN, ALAMEDA COUNTY. CALIFORNIA G,\JOB]999\991O6~XPLATS\PLAT~.d.9 5-~-01 ~47,30 a~ pL~_CADDI9 ~u~eri- ' ~,xlensen - JAzar& As iates ~ ) 4690 CHABOT DRIP. SUITE 200 ~ PLEASANTON, CA 94588 ~ PHONE: (925)227-9100. FAX: (925)227-9500 S~LE: DATE: JOB N0.: I=20' 5-~5- O1 99~ 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 tight 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. ~llman L.S. 5186 Date P:klobs-99\99108 l',vacation LEGEND I POINT OF BEGINNING 0 ~.00 200 .....,, 80UNOARY EX LOTS ~ ~%J ( ]~ ~.~,? ) SEEOETA~L "A"BELOW// \, HOUSTON N 88'42'58" Fi PI_ACE55z94'(toto~) I __,,_~. / / PM 4008 PARCEL A PARCEL Bx, co 941-550-45-I 941-550-67 ~,~!. Ld g / -PARC~.I. B PM 4008 H 0 UST ON P LACE SE~.cE EASEMENT RESERVED N 88"42'58' Fl 557,94' (TOTAL,) R=20' L =I6.§O' c.>¢ R=50' A=44'24'55 L=~,?6' C) co PARCEL ._8 PM 7103 PARC,'._ B o 94,-55o-~a PM -4,.008 941-550-62 ~ CL D_ G,\ jnBlejSSl\99[ 068\PL ATS\PLAT t.d~ g EXHIBIT "B" ~u~eri - PLAT TO ACCOMPANY' '~-~ensen - LEGAL DESCRIPTION LJAzar & Associates ~._ ? 4690 CHABOT DRIVE. SUITE 200 . PLEASANTON, CA 94588 _ PHONE: (925)227-9100 · FAX: (925)227-9.300 SCALE: DATE: dOB NO.: CITY OF DUSUN, ALAMEDA COUNTY, CALIFORNIA ~=20' 5-25-0! 99~08! 2001458555 0FF]:CII:IL RECOF~D$ OF I~E:C01:~DTNG I:'I~E~: 0,00 RECORDING REQI,~STED BY: When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Space above this line for Recorder's use RESOLUTION NO. 148 - 01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN VACATING EXCESS RIGHT-OF-WAY ON HOUSTON PLACE (STREETS AND HIGHWAYS CODE SECTION 8310 et. Seq.) -.~ 100 Givi¢ Plaza, Dublin, Oalifomia 94568 Website: http://www,oi.dublimca.u$ I hereby certify under penalty of perjury that the attached Resolution No. 148- 01, adopted by the Dublin City Council on August 7, 2001, is a true and accurate copy of said document taken from the official files of the City of Dublin. Date:,...~~ ~ ~ By: ' ~_~ity Clerk Area COde (925) · City Manager 833-6650 · City Council 833-6650 · Personnel 833-6605 · Economic Development 833-6650 Finance 833-6640 - Public Works/Engineering 833-6630 · Parks & Community Services 833-6645 · PoliCe 833-6670 Planning/Code Enforcement 833-6610 - Building Inspection 833-6620 · Fire Prevention Bureau 833-6606 Printed on F~ecycled Paper