HomeMy WebLinkAboutItem 6.1 ROW Scarlett Drive Extension
CITY CLERK
File # D~[1][QJ-[1][(i]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 19, 2007
SUBJECT:
ATTACHMENTS:
RECOMMENDATION: _ rJI)
~' 2)
~ 3)
~ 4)
5)
6)
FINANCIAL STATEMENT:
COPY TO: Affected Property Owners
Public Hearing: 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 Marton, Public Works Dire~
1)
2)
Ordinance
Planning Commission Resolution No. 07-27, Determination
of General Plan Conformity of the Location, Purpose and
Extent of the Proposed Alignment
Planning Commission Resolution No. 07-28, Recommending
the City Council Adopt a Resolution of Intention to Establish
Right-of-Way Lines
City Council Resolution 82-07, Intention to Establish Right-
of-Way Lines for Scarlett Drive/Iron Horse Trail Between
Dublin Boulevard and Dougherty Road
Location Map
3)
4)
5)
Open the Public Hearing
Receive Staff Presentation
Receive Public Testimony
Close Public Hearing
Deliberate
Waive the Reading and Introduce the Ordinance to Establish
Right-of-Way Lines for Scarlett Drive/Iron Horse Trail from
Dublin Boulevard to Dougherty Road.
No financial impact to the City is anticipated at this time. Costs for
acquisition of the land for the extension of Scarlett Drive and the
Iron Horse Trail would be negotiated with the property owners at the
time that the City funds the Scarlett Drive/Iron Horse Trail
Extension project through the Capital Improvement Program (CIP).
Page 1 of3
ITEM No.M
G:\CIP\Scarlett Drive-Iron Horse Trail Extension\ROW\agst PH establish row lines 06l907.doc
DESCRIPTION: At its meeting on March 6, 2007, the City Council approved a
Mitigated Negative Declaration and directed Staff to prepare a Precise Plan Alignment for the Scarlett
Drive/Iron Horse Trail between Dublin Boulevard and Dougherty Road. The approval of these" Right-of-
Way Lines will provide property owners and developers with notice of the proposed improvements and
preclude the owners and developers from developing any of the lands included within the boundaries of
the Right-of-Way Lines.
The improvement and extension of Scarlett Drive between Dublin Boulevard and Dougherty Road, along
the old Southern Pacific right-of-way, is a traffic mitigation for the developments in eastern Dublin and
around the East Dublin BART Station.
Establishment of Right-of-Way Line:
The procedure for adopting new roadway right-of-way lines is governed by Chapter 7.68 of the Dublin
Municipal Code and by the Government Code. Government Code ~65402 requires that property reserved
for street purposes be in conformance with an adopted General Plan by the Planning Commission. Upon
receiving a report and recommendation from the Planning Commission, the City Council can then,
pursuant to the Municipal Code, adopt a Resolution of Intention designating the establishment of right-of-
way lines, thus notifying interested parties. A public hearing must subsequently be conducted to allow the
City Council to hear testimony related to said establishment of right-of-way lines. Finally, the City
Council can adopt an Ordinance establishing the right-of-way lines described in the Resolution, if
appropriate, and have the Ordinance recorded with the County Recorder.
Planning Commission:
The Planning Commission reviewed the proposed right-of-way line for the Scarlett Drive/Iron Horse Trail
at its meeting on May 22, 2007, and adopted Resolution No.07-27, affirming that the alignment is in
conformance with the City of Dublin's General Plan. The Planning Commission, by Resolution No.
07-28, also recommended that the City Council adopt a Resolution of Intention to establish a Right-of-
Way Line for Scarlett Drive/Iron Horse Trail between Dublin Boulevard and Dougherty Road. In
response to the Planning Commission's recommendation, the City Council, at its meeting of May 22,
2007, adopted Resolution No. 82-07, and set the date and time for this Public Hearing to accept testimony
regarding the establishment ofthe subject right-of-way lines.
Analysis:
The new roadway facility will contain four through-lanes of traffic (two in each direction), a median,
additional turn lanes at each end, two on-street Class 2 bicycle lanes, and the relocation of the Iron Horse
Trail to the northeast.
The roadway will provide a connection between eastern Dublin and the East Dublin BART Station to and
from points north on Dougherty Road, and will alleviate traffic congestion at the intersection of Dublin
Boulevard and Dougherty Road.
Public Comment Requirements:
The establishment of right-of-way lines is regulated by Chapter 7.68 of the Municipal Code. The Code
allows any person with an interest in land affected by the proposed right-of-way alignment to file with the
City Clerk a written objection, provided said objection is received prior to the City Council's
consideration of the alignment. The City Council shall hear all protests or objections filed, and then
choose to sustain the objections and abandon the proceedings, deny the objections, and by Ordinance,
establish said right-of-way lines, or offer changes and modifications as it shall determine proper. If
adopted, the City Clerk shall record the Ordinance with the County Recorder.
Page 2 of3
RECOMMENDATION:
Staff recommends that the City Council I) Open the Public Hearing, 2) Receive Staff Presentation,
3) Receive Public Testimony, 4) Close the Public Hearing, 5) Deliberate; and 6) Waive the Reading and
Introduce the Ordinance to Establish Right-of-Way Lines for Scarlett Drive/Iron Horse Trail from Dublin
Boulevard to Dougherty Road.
Page 3 of3
J~ 15
ORDINANCE NO. - 07
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
ORDINANCE TO ESTABLISH A RIGHT-OF-WAY LINE FOR
SCARLETT DRIVE/IRON HORSE TRAIL BETWEEN
DUBLIN BOULEVARD AND DOUGHERTY ROAD
The City Council ofthe City of Dublin does ordain as follows:
WHEREAS, the City Council adopted Resolution No. 82-07 - 07 on June 5, 2007, calling for 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, 100 Civic Plaza, Dublin, California, to
hear protests and objections to the establishment of right-of-way lines for Scarlett Drive/Iron Horse Trail
from Dublin Boulevard to Dougherty Road; and
WHEREAS, notice of said public hearing was duly given;
NOW, THEREFORE, the City Council of the City of Dublin finds and does ordain as follows:
SECTION 1.
Pursuant to Dublin Municipal Code Chapter 7.68, the right-of-way lines are hereby established for
Scarlett Drive/Iron Horse Trail according to the Legal Description for the Scarlett Drive/Iron Horse Trail,
attached hereto as Exhibit A, and according to the Plat to Accompany Legal Description for Scarlett
Drive/Iron Horse Trail Right-o.f Way Lines, attached hereto as Exhibit B, said Exhibits herein
incorporated.
SECTION 2.
The effect of said right-of-way lines shall be governed by the provisions of Dublin Ordinance No.
44-87, as amended.
SECTION 3.
This Ordinance shall become effective thirty (30) days from and after its final passage and
adoption by the City Council. The City Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
SECTION 4.
The City Clerk shall have a certified copy of this Ordinance recorded with the County Recorder's
Office.
1
I ~ I
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A'l'rAClDlDT I :
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PASSED, APPROVED AND ADOPTED this 3rd day of July, 2007, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\CIP\Scarlett Drive-Iron Horse Trail Extension\ROW\ord Precise Alignment.doc
2
J~15
EXHIBIT "A"
Of the Ordinance
(4 pages)
LEGAL DESCRIPTION
if r;f 15
LEGAL DESCRIPTION
IMPROVEMENT PARCEL
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 261 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:
BEGINNING 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 POINT 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
EXHIBIT A.
-1::.0 +~ Ord-/I1.().;yt~
5 'f 15
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;
Thence along said curve, through a central angle of 3051 '30", an aclength 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 7026' 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 11000'33", 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
G~ I,
Thence along said curve, through a central angle of 8020'51", an arc length of 168.56 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 OF13'02" 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 01028'47" 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 1100.00 feet;
3. Along said curve, through a central angle of 15()56'42", an arc length of 306.12 feet;
4. North 78038'26" West 7.50 feet;
Page 3 of 4
l~r5
5. North 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 confornlance 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\IMPROVEMENT PARCEL.DOC
4-1-l - 07
Dated:
Page 4 of 4
EXHIBIT "B"
Of the Ordinance
(1 page)
PLAT TO ACCOMPANY LEGAL DESCRIPTION
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10 01 15
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 ofthe 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-of-way is governed by Chapter 7.68 ofthe 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 Staffto 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 ofthe right-of-way pases
is located within an area encompassed by the lands designated in the General Plan as M -1, 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, 941-2815-015,
986-0001-003-01,986-0001-003-02; and
1
ATTAUIDIDT L
It 1/5
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 ofthe 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 ofthe 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 ofthe 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 ofthe 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
G:lAgendas\2007\Scarlett Court Right ofWaylPC Reso confoImity.doc
2
/2-115
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 ofthe 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 ofthe Dublin Municipal Code, recommending that the Planning Commission recommend
that the City Council adopt a Resolution ofIntention 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
G:\Agendas\2007\Scarlett Court Right of Way \PC Reso Intention.doc
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RESOLUTION NO. 82 - 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 DrivelIron 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 ofthe Dublin Municipal Code, on June
19,2007, at 7:00 p.m., in the City Council Chambers, 100 Civic Plaza, Dublin, California, to hear protests
and objections to the establishment of right-of-way lines for Scarlett DrivelIron 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 DrivelIron Horse Trail
Improvement Project, Precise Street Alignment Boundary Map," attached hereto as Exhibit "B."
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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: Councilmembers Hildenbrand, Oravetz, Sbranti, Scholz and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
O:\CIP\Scarlett Drive-Iron Horse Trail ExtensiorlROW\Resolution of Intention. doc
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