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Home My WebLink AboutItem 4.18 VacateROW HoustonPlSUBJECT: CITY CLERK # 670-40 AGENDA STATEMENT CITY COUNCZL MEETZNG'DATE: July 3, 2001 Intent to Vacate Excess Right-of-Way on Houston Place Report Prepared by: Lee S. Thompson, Public VForks Director ATTACHMENTS: 1) 2) 3) Resolution of Intent to Vacate Excess Right-of-Way on Houston Place. Plat Maps and Legal Descriptions showing the two areas to the vacated. Vicinity Map. RECOMMENDATION: FINANCIAL STATEMENT: Adopt the Resolution of Intent to Vacate Excess Right-of-Way on Houston Place. 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 where it will connect to the portion of Scarlett Drive to be buik 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 previously resided, 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. 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. Because several utilities occupy the right-of-way to be vacated, the City will reserve a Public Services Easement (PSE) 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: G:\developXarchstoneXagst row abandon.doc COPIES TO: Shyam Taggarsi, Archstone Communities; Jerry Caton, Caton Moving and Storage, Robert Basile, Flow Components Inc. ITEM NO. ~ A Resolution of Intent to Vacate must be adopted by .the City Council. This resolution sets a date for a public hearing and for adoption of a Resolution for Vacation of Right-of-Way. After adoption of the Resolution of Intent, it is forwarded to all affected utility providers for their input. The resolution is also published and posted in the City's established posting places, and three copies are posted in the vicinity of the fight-of-way to be vacated. A public hearing must then be held not sooner than 14 da~,S following adoption of the Resolution of Intent; Staff is recommending a public heating date of August 7th to allow the utility providers ample time to respond. Staff recommends that the City Council adopt the Resolution of Intent 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 OF INTENT 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, the City Council intends to vacate said excess right-of-way 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 ;I 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; and NOW, THEREFORE, BE IT RESOLVED that on August 7th, 2001 at 7:00 p.m. in the City of Dublin City Council Chambers, 100 Civic Plaza, Dublin California, the City Council will conduct a public hearing to consider vacating the excess fight-of-way on Houston Place; any and all persons having any objections to the proposed right-of-way vacation may appear before said Council and show cause as to why said proposed vacation should not be ordered. BE IT FURTHER RESOLVED that the City Clerk is directed to publish said Resolution of Intent to Vacate Excess Right-of-Way on Houston Place for at least two successive weeks prior to the public hearing in a daily, semiweekly, or weekly newspaper published and circulated in the local agency conducting the proceeding. BE IT FURTHER RESOLVED that the City Clerk is directed to conspicuously post said Resolution of Intent to Vacate Excess Right-of-Way on Houston Place in at least three (3) public places along the line of the street proposed to be vacated, with each notice posted not more than 300 feet apart. Said posting shall occur not less than two weeks prior to the date of the public hearing. PASSED, APPROVED AND ADOPTED this 3rd day of Ju!y, 2001. AYES: NOES: ABSENT: ABSTAIN:- ATTEST: Mayor City Clerk J: IlI~PD Wl~lnrswll l 4100112000LResolevae abandon 823.doc 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 o 1~7'02"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. 5~86 Date~ 5"/,,q//2_.~at P:XJobs-99\991081 \vacation_2 No. 51~6 ., LEGEND P.O.B. POINT OF BEGINNING _ _ ,, BOUNDARY EX LOIS o loo ( ~N FEET) I inch = 100 ft ~oo \ , S 88'42'58' E 414.66' ~'" ×'~.> i=5°'08' a~sj.P M O0 El ~ ~0.~.~-~.~% 2..:--"~,;:~\ ~ = o,%~z~ ~,~ 5~,~5. H OUST ON ~ ~ ?~;q" _ _ - ' . ' AREA TO BE i ~ = ,65' I~ 559 ~ ~ ~ ~OB R-50~' L=7854' (TOTAL) -, ~ ' ' ' ~=~7'~a" 9~-0550-0~7 PARCEL B ~ L=~6-~' PM 4008 ~ DETAIL "A" ~ NIS EXHIBIT "B" PLAT TO ACCOMPANY LEGAL _DESCRIPTION CIIY OF DUBLIN, ALAMEDA COUNTY. CALIFORNIA G"%JO~IIg'cJg\'991068\PLATS\PLAT~.eIwG 5-95-0l 9,47,30 o.R PLS.CAD'nl.9 ~%~geri - eftsen - . ] zar & Associates SCALE: I DATE: I JOB NO.: 1=20' 5-25-01 991081 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 Califomia; 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 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 °l 7'02"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. ~~F~5186 0 ~//J//L.o <~ l Date P:XJobs-99\99 t 081 \vacation P. a8. LEGEND 'POINI' OF BEGINNING BOUNDARY E*X LOTS 0 100 200 ( IN FEET ) 1 inch = 100 fL H 0 UST ON PARCEL A PM 4008 941 - 550- ~15 - l N 88~'42'58" W SEE DE rAIL "A PLACE 55z 94'(tot,,i) III IIIIIII PARCEL A PARCEL 941-550-67 PM 7163 N 88'42'58' w 40Z88' \ ~ /o ~o L-PARCEL B PM 4008 · PARCEL B PM 4008 941-550-62 ~ ~ ~ L"L PM 7 153 941 - 550- 68 EXHIBIT "B" PLAT TO ACCOMPANY LEGAL DESCRIPTION city OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA ~%JOBI999\99106B\PLATS%PLAT1.dwg 3-1-01 1:09'-08 Ic~ pts_coddl2 uggeri - e~~Ass~iates PLEASANTON, CA 94588 PHONE: (925) 227-9100 · FAX: (925) 227--9300 SC~E: I DATE: I JOB NO.: ~ = 20' 5-25-0I 99I ~1 ... \ · ~ . .~:~_~.'::.'~-~,;-.~-.:.,,,!..~-~-.. .!..., ..... ~. ~ ......~.-,-. ....... ,~ ,.' .. RI!GHT OF WAY TO BE VACATED HOUSTON PLACE VIC: IN!ITY :MAP