HomeMy WebLinkAboutItem 9.1 Abandonment of a portion of the Easment and Right of Way for Access, west of chabot channelCITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: June 15, 1992
TO: Planning Commission
FROM: Planning Staff '.1,_
PREPARED BY:
SUBJECT:
BACKGROUND
Carol R. Cirelli, Associate Planner
Abandonment of a portion of the Easement and
Right -of -Way for Access, West of Chabot
Channel (APN 941-550-38, 39)
In October of 1981, the County of Alameda rejected the offer
of dedication of an approximate 33 foot wide private access road
located on property owned by U-Haul of the East Bay for Parcel
Map 3000 (see Attachment 1). The dedication was made for right-
of-way purposes as an access and public utility easement.
On November 12, 1991, the Dublin City Council rescinded the
County's rejection of the street easement and right-of-way for
access that was offered for dedication in Parcel Map 3000 and
accepted the right-of-way for access and utility easements (see
City Council Resolution - Attachment 2).
The City intends to maintain the street along the west side
of Chabot Channel and vacate a portion of the cul-de-sac located
on the U-Haul of the East Bay and Dublin Commercial II property
(see Attachment 3). The street is proposed to be extended north
to connect with Dublin Boulevard Extension. This alignment was
established as a Specific Plan in conjunction with the Dublin
Boulevard Extension on April 25, 1988.
PROJECT DESCRIPTION
In order to establish the alignment along the west side of
Chabot Channel, roadway and sidewalk improvements need to be
constructed and extended northerly for connection to Dublin
Boulevard Extension. The portion of the cul-de-sac proposed for
abandonment is not required by the City.
According to Section 65402(a) of the California Government
Code, if a General Plan has been adopted, no street shall be
abandoned or vacated until the location, purpose and extent of
COPIES TO:
ITEM NO. R. I
Applicant
Owner
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PAGE 0
such street abandonment or vacation have been submitted to and
reported upon by the planning agency as to conformity with said
adopted General Plan.
Staff recommends that the Planning Commission make the
necessary finding that the proposed abandonment of a portion of
the easement and right-of-way for access west of Chabot Channel
is in conformance with the General Plan. The City Council will
then hold a public hearing on the item in July of 1992.
RECOMMENDATIONS:
FORMAT: 1) Hear Staff presentation.
2) Take testimony.
3) Question Staff.
4) Deliberate.
5) Adopt Draft Resolution approving Exhibit A, or
give Staff direction and continue the matter.
ACTION: Staff recommends that the Planning Commission adopt
Draft Resolution Exhibit A, finding the proposed
abandonment of a portion of the easement and right-of-
way for access west of Chabot Channel to be in
conformance with the Dublin General Plan.
ATTACHMENTS:
Exhibit A:
Draft Planning Commission Resolution finding the
proposed abandonment in conformance with the
Dublin General Plan.
Background Attachments:
Attachment 1: Easement and Right -of -Way for Access Accepted for
Dedication/Area to be Abandoned
Attachment 2: City Council Resolution Accepting Offer of
Dedication and Easements
Attachment 3: Dublin Boulevard Extension/Connector Road
-2-
PAGE OF GJ
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
FINDING THE PROPOSED ABANDONMENT OF A PORTION OF THE EASEMENT AND
RIGHT-OF-WAY FOR ACCESS WEST OF CHABOT CHANNEL TO BE IN CONFORMANCE
WITH THE DUBLIN GENERAL PLAN
WHEREAS, on October 23, 1981, the County of Alameda rejected the
offer of dedication of right-of-way, access easement and public
utility easement shown on that certain map entitled "Parcel Map 3000"
filed November 3, 1981, in Book 131 of Maps at Pages 22 and 23,
records of Alameda County, California; and
WHEREAS, the City of Dublin required said easement and right-of-
way for access for public street purposes and for connection to the
proposed Dublin Boulevard Extension; and
WHEREAS, on November 12, 1991, the offer of dedication (32.76
foot easement and right-of-way for access) made by U-Haul of the East
Bay, dated July 28, 1981 on Parcel Map 3000, was accepted by the City
of Dublin; and
WHEREAS, a portion of said easement and right-of-way for access
is not required by the City of Dublin for constructing and extending
roadway and sidewalk improvements for connection to Dublin Boulevard
Extension.
NOW, THEREFORE, BE IT RESOLVED THAT THE City of Dublin Planning
Commission finds that the abandonment of a portion of the easement and
right-of-way for access west of Chabot Channel is in conformance with
the City of Dublin General Plan.
PASSED, APPROVED AND ADOPTED this 15th day of June, 1992.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Director
Planning Commission Chairperson
EXHIBIT
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PAGE 4 OF
RESOLUTION NO. 115-91
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
RESCINDING REJECTION OF OFFER OF DEDICATION OF RIGHT-OF-WAY
AND EASEMENTS, PARCEL MAP 3000, AND
ACCEPTING OFFER OF DEDICATION AND EASEMENTS
WHEREAS, on October 23, 1981, the County of Alameda Planning Director
did reject the offer of dedication of right-of-way, access easement, and public
utility easement shown on that certain map entitled "Parcel Map 3000" filed November
3, 1981, in Book 131 of Maps at Pages 22 and 23, records of Alameda County,
California; and
WHEREAS, the City of Dublin has succeeded Alameda County in interest
regarding the offer of dedication; and
WHEREAS, the City of Dublin now requires said street right-of-way for
public street purposes;
NOW, THEREFORE, BE IT RESOLVED pursuant to the authority of Section
66477.2(a) of the Government Code of the State of California, that the City Council
hereby rescinds the previous rejection of the offer of dedication of right-of-way
and access and public utility easements in Parcel Map 3000.
BE IT FURTHER RESOLVED that the offer of dedication made by U-Haul
Company of East Bay, a California Corporation, dated July 28, 1981, on the aforesaid
map of Parcel Map 3000 be, and the same is hereby accepted;
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and
directed to cause a certified copy of this resolution to be recorded at the office
of the Recorder, Alameda County.
ATTEST:
PASSED, APPROVED AND ADOPTED this 12th day of November, 1991.
AYES: Councilmembers Burton, Howard, Jeffery, Moffatt,
and Mayor Snyder
NOES: None
ABSENT: None
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Attachment
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