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Home My WebLink AboutItem 6.1 PSE GallucciHoustonPl CI'TY CLERK # 7 AGENDA STATEMENT CTTY COUNCTL MEETING DATE: March 4f 2003 SUBJECT: Public Hearing: Vacate a Portion of Existing Public Service Easement (P.S.E.) on Houston Place Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) Resolution to Vacate a Portion of existing Public Service Easement on Houston Place with attached Plat Map and Legal Description showing the area to be vacated 2) Vicinity Map RECOMMENDATION: ,a//1) Open public hearing ~.~.jk~ 2) Receive Staffpresentation '~'~ 3) Receive public testimony , 4) Close public hearing 5) Deliberate 6) Waive reading and adopt Resolution to Vacate a Portion of existing Public Service Easement 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, a 10-foot-wide Public Service Easement (P.S.E.) was dedicated to the City for use by public utility providers. Recently, Gallucci Collision Center submitted an application to refurbish and occupy the former truck scale building at 6310 Houston Place. As part of this application, Gallucci proposes to construct an office addition on the front of the building that will encroach 2 feet into the existing easement. Before continuing in the application process, Gallucci has asked the City to vacate the portion of the easement in conflict with the proposed building addition. Because several utilities occupy the existing easement, the City will retain the remaining P.S.E. to allow access to and maintenance of any existing or future facilities by utility providers. The total area of the easement to be vacated is approximately 376 square feet (188 feet by 2 feet). Staff considers this area to be excess. Upon vacation, the City will record the Resolution to Vacate a Portion of Existing Public Service Easement on Houston Place. COPIES TO: Jim Gallucci, Gallucci Collision Center ITEM NO. __~ G:kDEVELOP\Galluci Auto Body\agst PSE abandon.doc The process for abandonment is as follows: Resolution 11-03 was adopted by the City Council at the meeting on February 4, 2003, to establish the City's Intent to Vacate a Portion of Existing Public Service Easement. This resolution set March 4, 2003, as the date for a public hearing to consider adopting the Resolution for Vacation of a Portion of Existing Public Service Easement. After approval of the Resolution of Intent, the affected utility providers were contacted to provide input. The notice was published and posted in the City's established posting places, and also posted in the vicinity of the existing Public Service Easement to be vacated. To date, the City has received written comments from Pacific Bell, PG&E, Sprint, and AT&T indicating no objection to this Public Service Easement vacation. The City Council must now hear testimony from all persons having an interest in the proposed Portion of Existing Public Service Easement to be vacated, then consider the testimony, deliberate, waive the reading, and finally, approve, conditionally approve, or deny, the Public Service Easement vacation. Staff recommends that the City Council hold the Public Hearing and adopt the Resolution to Vacate a Portion of Existing Public Service Easement on Houston Place. Page 2 ~' RESOLUTION NO. - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESOLUTION TO VACATE A PORTION OF EXISTING PUBLIC SERVICE EASEMENT (P.S.E.) ON HOUSTON PLACE (STREETS AND HIGHWAYS CODE §8310 et seq.) WHEREAS, the Public Service Easement (P.S.E.) on Houston Place within the City of Dublin was originally dedicated to the public on Parcel Map 4008, and recorded on March 6, 1985, in Book 152 of Parcel Maps at Page 51, Alameda County Records; and WHEREAS, a portion of.the existing Public Service Easement (P.S.E.) on Houston Place is now considered excess by City Council as shown and described on the attached Exhibits "A" and "B" for a 376-square-foot area, said Exhibits being attached hereto and made a part hereof; and WHEREAS, on February 3, 2003, the City Council adopted Resolution 11-03 titled "Resolution of Intent to Vacate a portion of the existing Public Service Easement (P.S.E.) on Houston Place" in accordance with the abandonment procedure defined in Streets and Highways Code §8310 et seq. and §8320 in particular; and WHEREAS, the City Council will vacate said excess portion of the Public Service Easement (P.S.E.) by recording this Resolution and will retain the remaining portion of the P.S.E. to allow access to and maintenance of any existing or future facilities by utility providers; and WHEREAS, after considering the City's General Plan, the City Council finds that the General Plan does not apply to this Houston Place P.S.E. and this vacation is therefore not inconsistent therewith; NOW, THEREFORE, BE IT RESOLVED that the City Council, having conducted a public hearing to consider vacating a portion of the existing Public Service Easement on Houston Place, and having considered the testimony of all persons having an interest in the proposed portion of the existing Public Service Easement vacation, did approve this Resolution to Vacate a portion of the existing Public Service Easement on Houston Place. The boundaries of said easement are shown and described on the attached Exhibits "A" and "B" for a 376 square foot area, said Exhibits being attached hereto and made a part hereof; and BE IT FURTHER RESOLVED that the City Council authorizes said Resolution to be held by the City Clerk until the Applicant obtains a Building Permit for the building addition at 6310 Houston Place, at which time the City Clerk shall forward this Resolution to Vacate a portion of the existing Public Service Easement (P.S.E.) on Houston Place to the Alameda County Recorder for recording, along with Exhibits "A" and "B". PASSED, APPROVED AND ADOPTED this 4th day of March, 2003. AYES: NOES: ABSENT: ABSTAiN: Mayor ATTEST: City Clerk G..1DEI~ELOPIGalluci Auto Bodytreso PSE abandon.doc City of Dublin County of Alameda APN 941-550-067 Exhibit "A" Legal Description 2' Public Service Easement Quit Claim Real property situate in the City of Dublin, County of Alameda, State of California being a portion of Parcel A as said Parcel A is shown on the map entitled "Parcel Map 7163", filed in Book 234 at Pages 80 and 81, Official records Alameda County described as follow: Commencing at the most northeastern comer of said Parcel A; thence along the easterly line of said Parcel A, S01 ° 17'02"W, 8..00 feet to the Point of Beginning; thence continuing along said easterly line, S01°17'02"W, 2.00 feet to the southerly line ora 10 foot wide Public Service Easement (PSE) as said easement is shown on said Parcel Map 7163; thence leaving said easterly line along said southerly line N88°42'58"W, 188.00 feet to the westerly line of said Parcel A and the southwestern comer of said PSE; thence along said westerly line, N01°17'02"E, 2.00 feet; thence leaving said westerly line and, on a parallel line that measures 8.00 feet at right angles to the northerly line of said Parcel A, S88°42'58"E, 188.00 feet to the Point of Beginning. Containing: 376 Sq Ft ± ~el~ 86 Date Created on 12/6/02 7:53 AM G:kAdminkJobs-02\021088\Quickclaim easement.doc SCALE I inch -- 30' ft. HOUSTON PLACE P.O.C.--~ r- S88'42 '58 "E-. ..- ...188' 00' 2.oo-~ SS~'~'E-- I I ~ ~ ,88.oo Po0.B.---~/'--2.oo i ~ N88'42'58"1¢ ~J~] 188.00 '~., OUIT CLAIMED ' · --- AREA ~!.~ PARCEL A 7 ~\JobL>OO2\O21088M'~APPING\PLA?S\OTCLAt'H.d~ 12.,/06/E002 08~45~:~0 AH PST EXH/£/ T £ [i~'ugg:eri- ,, PLAT TO ACCOMPANY LEGAL DESCRIPTION ~'-lensen - . !.' FOR ~ J~.zar & Associates 2' QUIT CLA/M -,, ~ 46go o.^~o~ ~,v~. g.~ PHONE: (925)227-9100 o FAX: (925)227-9.300 PARCEL A OF PM 7165 SCALE: DATE: dOB NO.: CITY OF DUBUN, ALAMEDA COUNT~, CALIFORNIA AS SHO~'N 12-06-02 021088