HomeMy WebLinkAboutReso 79-23 Summarily Vacating an Emergency Vehicle Access Easement Located at 5751 Arnold RoadRESOLUTION NO. 79 — 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
SUMMARILY VACATING AN EMERGENCY VEHICLE ACCESS EASEMENT LOCATED AT
5751 ARNOLD ROAD
(STREETS AND HIGHWAYS CODE CHAPTER 4)
WHEREAS, on June 7, 2022, the City Council of the City of Dublin adopted Resolution No.
70-22, approving a Site Development Review Permit, Planning Application No. PLPA-2021-
00042, at 5751 Arnold Road (APN: 986-0014-013-00), to construct a new two-story, 155,829-
square-foot building, with 114 assisted living units and 38 memory care units; and
WHEREAS, the proposed building location conflicts with an existing Emergency Vehicle
Access Easement (E.V.A.E.); and
WHEREAS, the owner is required as a project condition of approval, to dedicate a new
E.V.A.E. that aligns with the proposed parking lot configuration and provides a looped emergency
vehicle access through the adjacent parcel; and
WHEREAS, Section 8333 of the California Streets and Highways Code authorizes the City
Council to summarily vacate a public service easement that has been superseded by relocation
or determined to be excess by the easement holder, and there are no other public facilities located
within the easement; and
WHEREAS, the California Streets and Highways Code Section 8313 requires that, if the
proposed vacation of a street or public service easement is within an area for which a general
plan is adopted, the City Council must consider the General Plan prior to vacating the easement;
and
WHEREAS, the California Streets and Highways Code Section 8313 further requires that
Government Code Section 65402, which states that the Planning Commission shall report as to
conformity with the General Plan, shall be followed if that section applies to the proposed; and
WHEREAS, the California Streets and Highways Code Section 8313 is not applicable in
this situation because the proposed vacation of the public service easement does not qualify as
the disposition of real property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin finds that:
1. With the proposed E.V.A.E. relocation, the existing easement is no longer required.
2. The vacation of the E.V.A.E. is in conformance with the City's General Plan pursuant to
Streets and Highways Code Section 8313.
3. The proposed vacation of the E.V.A.E. is categorically exempt from review under the
California Environmental Quality Act (CEQA) pursuant to Titlel4 California Code of
Regulations, CEQA Guidelines Section 15301, Existing Facilities.
Reso. No. 79-23, Item 4.2, Adopted 08/15/2023 Page 1 of 2
4. From and after the date the resolution is recorded, the E.V.A.E. as described in Exhibit A
and shown in Exhibit B is vacated and shall no longer constitute a public service easement.
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
E.V.A.E. located at 5751 Arnold Road, as shown on Exhibits A and B.
BE IT FURTHER RESOLVED that the City Manager or designee is hereby authorized to
take any and all further actions to effectuate the vacation and quitclaim of the easement, including
the execution of a Quitclaim Deed, if necessary.
BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby 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 15th day of August 2023, by the following
vote:
AYES: Councilmembers Hu, Josey, McCorriston, Qaadri and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
Mcboutio,.
City Clerk
5395865.2
Reso. No. 79-23, Item 4.2, Adopted 08/15/2023 Page 2 of 2
Exhibit A
EXHIBIT "A"
LEGAL DESCRIPTION
FOR: PORTION OF EMERGENCY VEHICLE ACCESS EASEMENT VACATION
BEING A PORTION OF THAT CERTAIN EMERGENCY VEHICLE ACCESS EASEMENT SITUATED IN THE CITY OF
DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, AS DESCRIBED IN THAT CERTAIN DOCUMENT
RECORDED ON APRIL 24, 2000 AS INSTRUMENT NO. 2000119951, OFFICIAL RECORDS OF ALAMEDA
COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF PARCEL 2, AS SHOWN ON THAT CERTAIN
PARCEL MAP 8021, FILED FOR RECORD ON JULY 21, 2005 IN BOOK 282 OF MAPS AT PAGES 69-73, LYING
ON THE EASTERLY RIGHT OF WAY LINE OF ARNOLD ROAD (WIDTH VARIES);
THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE, NORTH 01° 23' 35" EAST, 17.50 FEET TO A POINT
ON THE EXTERIOR BOUNDARY OF SAID EMERGENCY VEHICLE ACCESS EASEMENT;
THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE, ALONG THE EXTERIOR BOUNDARY OF SAID
EMERGENCY VEHICLE ACCESS EASEMENT THE FOLLOWING THIRTEEN (13) COURSES AND DISTANCES:
1) SOUTH 88° 36' 25" EAST, 101.33 FEET TO THE BEGINNING OF A CURVE TO THE LEFT,
2) ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 12.00 FEET, THROUGH A CENTRAL
ANGLE OF 95° 17' 22", AN ARC DISTANCE OF 19.96 FEET TO THE BEGINNING OF A COMPOUND
CURVE,
3) ALONG SAID CURVE, HAVING A RADIUS OF 332.00 FEET, THROUGH A CENTRAL ANGLE OF 09° 46'
43", AN ARC DISTANCE OF 56.66 FEET TO THE BEGINNING OF A REVERSE CURVE,
4) ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 95.00 FEET, THROUGH A CENTRAL
ANGLE OF 15° 04' 05", AN ARC DISTANCE OF 24.98 FEET,
5) NORTH 01° 23' 35" EAST, 33.97 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT,
6) ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 90.00 FEET, THROUGH A CENTRAL
ANGLE OF 45° 00' 00", AN ARC DISTANCE OF 70.69 FEET,
7) NORTH 46° 23' 35" EAST, 124.59 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT,
8) ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 90.00 FEET, THROUGH A CENTRAL
ANGLE OF 45° 00' 00", AN ARC DISTANCE OF 70.69 FEET,
9) SOUTH 88° 36' 25" EAST, 66.53 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT,
10) ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 95.00 FEET, THROUGH A CENTRAL
ANGLE OF 24° 39' 32", AN ARC DISTANCE OF 40.89 FEET TO THE BEGINNING OF A REVERSE
CURVE,
11) ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 87.00 FEET, THROUGH A CENTRAL
ANGLE OF 24° 39' 32", AN ARC DISTANCE OF 37.44 FEET,
12) SOUTH 88° 36' 25" EAST, 34.04 FEET, AND
13) SOUTH 01° 23' 35" WEST, 306.48 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 2;
THENCE ALONG SAID SOUTHERLY LINE, NORTH 88° 36' 25" WEST, 25.00 FEET TO A POINT ON THE
EXTERIOR BOUNDARY OF SAID EMERGENCY VEHICLE ACCESS EASEMENT;
THENCE LEAVING SAID SOUTHERLY LINE, ALONG THE EXTERIOR BOUNDARY OF SAID EMERGENCY
VEHICLE ACCESS EASEMENT THE FOLLOWING FOUR (4) COURSES AND DISTANCES:
1) NORTH 01° 23' 35" EAST, 89.92 FEET,
2) NORTH 88° 36' 25" WEST, 19.80 FEET,
3) SOUTH 46° 23' 35" WEST, 97.16 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, AND
4) ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL
ANGLE OF 45° 00' 07", AN ARC DISTANCE OF 23.56 FEET TO A POINT ON SAID SOUTHERLY LINE
OF SAID PARCEL 2;
THENCE ALONG SAID SOUTHERLY LINE, NORTH 88° 36' 25" WEST, 25.00 FEET TO A POINT ON THE
EXTERIOR BOUNDARY OF SAID EMERGENCY VEHICLE ACCESS EASEMENT, SAID POINT BEING THE
BEGINNING OF A NON -TANGENT CURVE;
THENCE LEAVING SAID SOUTHERLY LINE, ALONG THE EXTERIOR BOUNDARY OF SAID EMERGENCY
VEHICLE ACCESS EASEMENT THE FOLLOWING THIRTEEN (13) COURSES AND DISTANCES:
1) ALONG SAID NON -TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 55.00 FEET, WHOSE
CENTER BEARS SOUTH 88° 36' 29" EAST, THROUGH A CENTRAL ANGLE OF 45° 00' 04", AN ARC
DISTANCE OF 43.20 FEET,
2) NORTH 46° 23' 35" EAST, 150.16 FEET,
3) NORTH 01° 23' 35" EAST, 136.41 FEET,
4) NORTH 88° 36' 25" WEST, 9.04 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT,
5) ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 112.00 FEET, THROUGH A CENTRAL
ANGLE OF 24° 39' 32", AN ARC DISTANCE OF 48.20 FEET TO THE BEGINNING OF A REVERSE
CURVE,
6) ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL
ANGLE OF 24° 39' 32", AN ARC DISTANCE OF 30.13 FEET,
7) NORTH 88° 36' 25" WEST, 66.53 FEET TO THE BEGINNING OF A CURVE TO THE LEFT,
8) ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 65.00 FEET, THROUGH A CENTRAL
ANGLE OF 45° 00' 00", AN ARC DISTANCE OF 51.05 FEET,
9) SOUTH 46° 23' 35" WEST, 124.59 FEET TO THE BEGINNING OF A CURVE TO THE LEFT,
10) ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 65.00 FEET, THROUGH A CENTRAL
ANGLE OF 45° 00' 00", AN ARC DISTANCE OF 51.05 FEET,
11) SOUTH 01° 23' 35" WEST, 33.97 FEET TO THE BEGINNING OF A CURVE TO THE LEFT,
12) ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL
ANGLE OF 15° 04' 05", AN ARC DISTANCE OF 18.41 FEET TO THE BEGINNING OF A REVERSE
CURVE, AND
13) ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 357.00 FEET, THROUGH A CENTRAL
ANGLE OF 15° 04' 05", AN ARC DISTANCE OF 93.89 FEET TO A POINT ON SAID SOUTHERLY LINE
OF SAID PARCEL 2;
THENCE ALONG SAID SOUTHERLY LINE, NORTH 88° 36' 25" WEST, 139.69 FEET TO THE POINT OF
BEGINNING.
CONTAINING 27,838 SQUARE FEET, OR 0.6391 ACRES MORE OR LESS.
AS SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF.
DESCRIPTION PREPARED BY KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC.
KC J. R, P.L.S. 9731
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