HomeMy WebLinkAboutReso 52-22 Summarily Vacating Unused Right-Of-Way on Dublin Boulevard and Reservation of a Public Service EasementRESOLUTION NO. 52 — 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
SUMMARILY VACATING UNUSED RIGHT-OF-WAY ON DUBLIN BOULEVARD AND
RESERVATION OF A PUBLIC SERVICE EASEMENT
WHEREAS, the Applicant, Fulcrum Real Estate Development, is proposing to develop a 55-bed
memory care facility on Parcel 2 of the Valley Christian Center Property located at 7500 Inspiration
Drive (APN 941-0022-005-00). Requested approvals include a Planned Development Rezoning with a
related Stage 1 and Stage 2 Development Plan, Site Development Review Permit and Street Vacation;
and
WHEREAS, the Property Owner, Valley Christian Center of Dublin California, requests to
summarily vacate approximately 8,118 square feet of right-of-way along Dublin Boulevard, as depicted
on Exhibit "A" and "B" to this resolution; and
WHEREAS, Section 8330, et. seq., of the California Streets and Highways Code provides for
the summary vacation of street right-of-way; and
WHEREAS, Section 8331 of the California Streets and Highways Code authorizes the City
Council to summarily vacate street right-of-way if, for a period of five consecutive years, the street has
been impassable for vehicular traffic and no public money was expended for maintenance on the street;
and
WHEREAS, Section 8334 of the California Streets and Highways Code authorizes the City
Council to summarily vacate excess right-of-way not required for street or highway purposes; and
WHEREAS, at their meeting on April 26, 2022, the Planning Commission found the proposed
vacation to be in conformance with the Dublin General Plan pursuant to Section 65402 of the
Government Code; and
WHEREAS, Section 8340 of the California Streets and Highways Code authorizes the City
Council to reserve and except from the vacation a public utility easement over the street or highway
proposed to be vacated.
NOW, THEREFORE, BE IT RESOLVED that the City Council finds that
A) For a period of five consecutive years, the right-of-way to be vacated has been impassable
for vehicular traffic and no public money was expended for maintenance on the right-of-
way.
B) Separately and in addition to the provisions stated above, the right-of-way to be vacated
is not required for street or highway purposes.
C) All utility companies providing service in the project area have been notified about the
proposed vacation and have not objected.
D) The vacation of the right-of-way is in conformance with the City's General Plan.
E) The proposed vacation of the right-of-way is categorically exempt from review under the
California Environmental Quality Act (CEQA) pursuant toTitle14 California Code of
Regulations, CEQA Guidelines Section 15301, Existing Facilities.
Reso. No. 52-22, Item 6.1, Adopted 05/17/2022 Page 1 of 2
BE IT FURTHER RESOLVED that based on the findings made and the above provisions of the
Streets and Highways Code, the City Council hereby order the summary vacation of the 8,118 square
feet of right-of-way on Dublin Boulevard and reserve a non-exclusive Public Service Easement along
the southerly ten feet (10') of the property, as shown on Exhibit "A" and "B".
BE IT FURTHER RESOLVED that the Clerk of this City Council is He, directed to transmit a
certified copy of this resolution to be recorded in the office of the County Recorder of Alameda.
PASSED, APPROVED, AND ADOPTED this I I day of May 2022, by the following vote:
AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. 52-22, Item 6.1, Adopted 05/17/2022 Page 2 of 2
Exhibit A
Exhibit A
Legal Descriptions
Portion of Dublin Boulevard Right -of -Way Grant to Valley Christian Center
ALL THAT REAL PROPERTY situated in the City of Dublin, County of Alameda, State of
California, being a triangular -shaped portion of the public Right-of-way of Dublin Boulevard as
said Right-of-way is shown on that certain Parcel Map 8310 filed for Record on August 1, 20051
in Book 282 of Parcel Maps, at Page 86, Official Records of Alameda County, said Portion of
Dublin Boulevard Right-of-way being more particularly described as follows:
Commencing at a standard City Monument in well located at the intersection of Dublin
Boulevard and Inspiration Drive as said streets and monument are shown on said Parcel Map
8310, and from which point a similar standard City Monument in well, also shown on said Map
and designated thereon as `A-537' bears, South 89°24'00" East, 191.50 feet; thence from said
Point of Commencement along the monument line of said Dublin Boulevard, North 89°24'00"
West, 90.18 feet to a standard City Monument in well shown on said Map and designated
thereon as `A-539'; thence continuing, North 88°35'01" West, 141.09 feet; thence leaving said
monument line on a mathematical tie, North 01 020'09" East, 35.84 feet to a point on the
northerly Right-of-way line of said Dublin Boulevard, said point being the southeast corner of Lot
104 as said Lot and Right-of-way line are shown on that certain Tract Map 5926 entitled
California Highlands' filed for Record on January 8, 1996, in Book 222 of Maps, at Page 71,
Records of said County, and being the Point of Beginning for the herein described Transfer
Parcel; thence following said right-of-way along the east boundary line of said Tract 5926, North
01 020'09" East, 80.91 feet; thence, North 01 029'47" East, 0.28 feet to a point of intersection
with the southwest corner of Parcel 2 of said Parcel Map 8310; thence leaving the east line of
said Tract 5926 along the southerly line of said Parcel 2 and the Dublin Boulevard Right-of-way
line, South 88038'10" East, 0.17 feet; thence, South 67030'28" East, 204.40 feet to the westerly
Right-of-way line of said Inspiration Drive; thence South 48°43' 31" West, 8.00 feet; thence,
North 88040'47" West, 131.85 feet; thence, South 89'12'44" West, 53.09 feet to the Point of
Beginning, and containing 8,118 square feet, more or less.
RESERVING THEREFROM anon -exclusive Public Services Easement (PSE) over, under,
across and along the southerly ten feet (10') of the above -described Transfer Parcel, the
southerly line of said ten -foot wide Easement being coincident with the entire southerly line of
the Transfer Parcel.
-End of Descriptions-
Exhibit A
Legal Descriptions
Portion of Dublin Boulevard Right -of -Way Grant to Valley Christian Center
Attached hereto is a Plat consisting of one (1) Page entitled "Exhibit B" which by this reference
is made a part hereof.
Prepared By:
Kevin M. McGuire, CA PLS. #6437
Date: '1' /Z %?"O 24
J KEVIN M.
MCGUIRE
No. 6437
OF CAOO��`�
Exhibit B
'A-537' •
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T I o w N
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6.00' (TIE) m F4
�/41/` S 01'29'23" W 56.32'co
\ ��q y • 6.00' •
LINE TABLE
#
BEARING
DISTANCE
L1
N
0170'09"
E
10.01'
L2
S
8912'440
W
52.90'
L3
N
88'40'47"
W
126409,
L4
S
67430'28"
E
12.70'
VALLEY
POINT OF COfrIMENCEf,IENT
10' WIDE PUBLIC
SERVICE EASEMENT
TO CITY OF DUBLIN
FORMER DUBLIN BOULEVARD
RIGHT-OF-WAY LINE
LANDS OF
CHRISTIAN CENTER OF DUBLIN
PARCEL MAP 8310
PARCEL 2 (282 PM 86)
1.39f ACRES
5 88'38'10" E 0.17'
N 01'29'47" E 0.28'
,�cv ?
N
I
Lo
I
N 0120i 09u
'
E
80.91
FORMER DUBLIN BLVD. �/
RIGHT-OF-WAY
�r TRACT 5926 � m
CALIFORNIA HIGHLANDS E• U v
(222 M 71) a m w
ZD
CL
SCALE: i" = 40'
40 20 0 40
S 48'43'31" W
8.00'
'A-539'
z
z
r
o�
N 01'20'09" E
35.84' (TIE)
POINT OF BEGINNING
PAGE 1 OF 1
RECORDING REQUESTED BY
City of Dublin
100 Civic Plaza
Dublin, CA 94568
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383
2022101654 05/26/2022 03:18 PM 6 PGS
OFFICIAL RECORDS OF ALAMEDA COUNTY
:Acool)
MELISSAWILK, CLERK -RECORDER
RECORDING FEES: $0.00
II 11111111111 II1111111I' oil
6
Resolution No. 52-22
Space above this line for Recorder's Use
Summarily Vacating Unused Right -Of --Way on Dublin Boulevard and Reservation of a
Public Service Easement