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Home My WebLink AboutItem 4.08 VacRightWay&PSE Hacienda (2) "'!!"" .' CITY CLERK File # [Q]~[2]@]-ITJ@] . AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 3, 1998 SUBJECT: Summary Vacation of Right-of-Way and Public Service Easement, Southeast Corner of Dublin Boulevard and Hacienda Drive Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: Resolution Vacating Street Right of Way and Public Service Easement and Reserving New Public Service Easement (including plat and description) RECOMMENDA TION: ~ Adopt resolutions FINANCIAL STATEMENT: None . DESCRIPTION: Part of the design for the Hacienda Crossings shopping center includes a fountain element at the southeast corner of Dublin Boulevard and Hacienda Drive. The area proposed for the fountain (see plat map attached to resolution) is presently within the City's right of way. Staffis recommending that this area be vacated in favor of the adjacent property owner so that the City is not in a position of being responsible for the maintenance or operation of the fountain. It is additionally recommended that the existing Public Service Easement (P.S.E.) be vacated and a new Public Service Easement reserved. - The Streets and Highways Code provides that right of way may be summarily vacated if it has not been passable as a public street or incurred maintenance as a public street for a period offive years. This area is unimproved right of way and therefore qualifies under this Code section. Additionally, an existing Public Service Easement (p.S.E.) may be summarily vacated as long as there are no utilities existing within the . P.S.E. The new Public Service Easement being reserved along the curbline in front of the area to be vacated contains the existing utilities, as well as the City's traffic signal facilities. Staff contacted the utility companies, who have indicated that there are no existing utilities within the area proposed to be vacated. Staff recommends that the City Council adopt the resolution. . --------------------------------------------------------------- COPIES TO: OPUS Southwest ~ f~1 b ITEM NO. ~!iQ) g;\agenmisc\rwvac .. RESOLUTION NO. - 98 . A RESOLUTION OF THE CITY COUNCJL OF THE CITY OF DUBLIN ********* SUMMARILY VACATING STREET RIGHT OF WAY AND PUBLIC SERVICE EASEMENT AND RESERVING A NEW PUBLIC SERVICE EASEMENT SOUTHEAST CORNER OF DUBLIN BOULEVARD AND HACIENDA DRIVE (STREETS AND HIGHWAYS CODE CHAPTER 4) WHEREAS, the street right of way proposed to be vacated, as described on Exhibit A and shown on Exhibit B attached hereto, has been impassable as a public street and has not been maintained as a public street for a period of five years; and WHEREAS, the Public Service Easement (P.S.E.) proposed to be vacated, as described on Exhibit A and shown on Exhibit B attached hereto, does not contain existing utilities or services; and WHEREAS, it is to the benefit of the City to vacate said street right of way and P.S.E. as provided in Chapter 4 of the Streets and Highways Code; NOW, THEREFORE, BE IT RESOLVED that the street right of way which is generally located at the southeast corner of Dublin Boulevard and Hacienda Drive and is more particularly described as Parcel One on Exhibits A and B attached hereto no longer constitutes a public street (with Public Service Easement reserved as described on Exhibits A and B). . BE IT FURTHER RESOLVED that the Public Service Easement described as Parcel Two on Exhibits A and B attached hereto no longer constitutes a Public Service Easement. BE IT FURTHER RESOLVED that the City Clerk is directed to submit a certified copy of this Resolution to the County Recorder for recording. PASSED, APPROVED AND ADOPTED this 3rd day of November, 1998. AYES: NOES: ABSENT: ABSTAIN: ATTEST: . Mayor City Clerk g:\agenmisc\reSf\\'vac EXHIBIT A LEGAL DESCRIPTION RIGHT OF WAY ABANDONMENT PUBLIC SERVICE EASEMENT (P.S.E.) ADJUSTMENT PARCEL ONE RIGHT OF WAY ABANDONMENT . REAL PROPERTY SITUATE IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT -PORTION OF HACIENDA DRIVE AND DUBLIN BOULEVARD AS SAID DRIVE AND BOULEVARD ARE SHOWN AND SO DESIGNATED ON THAT CERTAIN MAP ENTITLED PARCEL MAP 7223 FILED IN THE OFFICE OF THE RECORDER OF SAID COUNTY ON FEBRUARY 10, 1998, IN BOOK 234 OF MAPS AT PAGE 45-48 MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN RIGHT OF WAY LINE OF HACIENDA DRIVE AT THE SOUTHERN TERMINUS OF THAT CERTAIN COURSE SHOWN ON SAID MAP AS "N 46"27'53" E 71.04"; THENCE FROM SAID POINT OF BEGINNING AND ALONG SAID EASTERN RIGHT OF WAY LINE NORTH 46" 27' 53" EAST 71.04 FEET TO THE SOUTHERN RIGHT OF WAY LINE OF DUBLIN BOULEVARD AS SHOWN ON SAID MAP; THENCE ALONG THE WESTERLY PROLONGATION OF SAID SOUTHERN LINE NORTH 88" 16' 05" WEST 24.23 FEET; THENCE LEAVING SAID LINE ALONG THE ARC OF A TANGENT 26.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 90" 32' 04", AN ARC DISTANCE OF 41.08 FEET TO A POINT . ON THE NORTHERLY PROLONGATION OF SAID EASTERN RIGHT OF WAY LINE OF HACIENDA DRIVE, WHICH BEARS NORTH 1" 11' 51" EAST 24.23 FEET FROM THE POINT OF BEGINNING; THENCE ALONG SAID LINE SOUTH 1" 11' 51" WEST 24.23 FEET TO THE POINT OF BEGINNING AND CONTAINING 1,125 SQUARE FEET OF LAND MORE OR LESS. RESERVING THEREFROM AN EASEMENT FOR PUBLIC SERVICE PURPOSES, FACILITIES, AND APPURTENANT STRUCTURES UNDER OVER AND ACROSS THE FOLLOWING DESCRIBED STRIP OF LAND: A STRIP OF LAND 10.0 FEET IN WIDTH RIGHT ANGLE MEASUREMENT THE WESTERN AND NORTHERN LINES BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN RIGHT OF WAY LINE OF HACIENDA DRIVE AT THE SOUTHERN TERMINUS OF THAT CERTAIN COURSE SHOWN ON SAID MAP AS "N 46"27'53" E 71.04"; THENCE ALONG THE NORTHERLY PROLONGATION OF SAID LINE NORTH 1" 11' 51" EAST 24.23 FEET; THENCE LEAVING SAID NORTHERLY PROLONGATION ALONG THE ARC OF A TANGENT 26.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 90" 32' 04", AN ARC DISTANCE OF 41.08 FEET TO A POINT ON THE WESTERLY PROLONGATION OF THE SOUTHERN RIGHT OF WAY LINE OF DUBLIN BOULEVARD, . 1998/1028NOTI-TK/96637-11 - 1 - . . I. . THENCE ALONG THE WESTERLY PROLONGATION OF SAID SOUTHERN LINE SOUTH 880 16' 05" EAST 24.23 FEET; EXCEPTING THEREFROM THOSE PORTIONS OF THE ABOVE DESCRIBED STRIP SHOWN AS EXISTING P.S.E. PER PM 7116 ON SAID MAP (234 M 45). PARCEL TWO PUBLIC SERVICE EASEMENT (P.S.E.) ABANDONMENT REAL PROPERTY SITUATE IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LOT 9 AS SAID LOT IS SHOWN AND SO DESIGNATED ON THAT CERTAIN MAP ENTITLED PARCEL MAP 7223 FILED IN THE OFFICE OF THE RECORDER OF SAID COUNTY ON FEBRUARY 10, 1998, IN BOOK 234 OF MAPS AT PAGE 45-48 MORE PARTICULARLY DESCRIBED AS FOllOWS: A STRIP OF LAND 10.0 FEET IN WIDTH lYING SOUTHEASTERLY RIGHT ANGLE MEASUREMENT FROM THE FOllOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE EASTERN RIGHT OF WAY LINE OF HACIENDA DRIVE AT THE SOUTHERN TERMINUS OF THAT CERTAIN COURSE SHOWN ON SAID MAP AS "N 46027'53" E 71.04"; THENCE NORTH 46"26'53" EAST 71.04 FEET TO A POINT ON THE SOUTHERN RIGHT OF WAY LINE OF DUBLIN BOULEVARD. EXCEPTING THEREFROM THAT PORTION lYING 10.0 FEET RIGHT ANGLE MEASUREMENT EASTERLY AND SOUTHERLY FROM THE EASTERN RIGHT OF WAY LINE OF HACIENDA DRIVE AND THE SOUTHERN RIGHT OF WAY LINE OF DUBLIN BOULEVARD DRIVE. KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC. If ~ KU4 TfMOTHY KELL Y, L.S. 7089 LICENSE EXPIRATION DATE: 12/31/98 lolL'?1 #Jr DATE ..:-7:..r....I.-.~. 1998/1028NOTI-TK/96637-11 - 2 - DUBLIN R=26.00' D= 900.32'04" E L=41.0S' PROPOSED R/W ABANDONMENT PROPOSED 10' P.S.E. RESERVA liON FROM PARCEL ONE N 01""5'" E 24.23' 10' P.S.E. PER PM 7116 TO REMAIN 48' 77' w > 0: o <( o z w - o <( I EXHIBIT B , . BOULEVARD P.O.B. PROPOSED R!W P.S.E. ABANDONMENT PARCELS ONE & TWO C\J (!) . PARCEL 9 PM 7223 BK 234 PM PG 45 FILEO:FEB 10, 1998~ PLAT TO ACCOMPANY LEGAL DESCRIPTION PROPOSED RIGHT OF WAY ABANDONMENT N 88'16'05" W (24.23' 10' P.S.E. PER PM 7116 TO REMAIN N 8S'16'05" W 75.3.45' tl--:46L7'53~----------------- / 71.04' ~ PROPOSED 10' P.S.E. I ABANDONMENT PARCEL TWO I I I I w I - I _~ I .- I ~ I o I z I I I I I I I I I I I I I I I I I I I I I I HACEJI)A DfIVE I DtIILt.1 BOULEY ARD DlB.If ALA~A COUNTY CALFOFItIA , KIER & WRIGHT . CIVIL ENGINEERS I!c SURVEYORS, INC. 5880 Wnl Lo. Po.lto. Soul_rd, Suit. 34 PIRHnton. Canfomlo US88 (510)73-4-8050 Fax (510)734-80114 DATE SEPTEMBER 1998 SCALE 10-60' DR. BY TK JOB 96637-11 SlEET to 0 1 OF 1