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HomeMy WebLinkAboutReso 017-82 DubBlVacateProp CITY COUNCIL CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA RESOLUTION NO. 17-82 VACATE UNNECESSARY PORTION OF DUBLIN BOULEVARD ADJACENT TO GREEN STORE, SUBJECT TO CERTAIN CONDITIONS; EXECUTE QUITCLAIM DEED UPON FULFILLMENT OF CONDITIONS; RECORD RESOLUTION WHEREAS, on March 1, 1982, this City Council did adopt Resolution No. 13-82, a Notice of Hearing on the proposed vacating of a portion of Dublin Boulevard adjacent to the "Green Store," at Donlon Way, which said portion of street is more particularly designated and described as: No. 34707 (Adjacent to Assessor's 941-1550-4) All that certain real property situated in the City of Dublin, County of Alameda, State of California, described as follows: COMMENCING at a point on the southeasterly line of Dublin Boulevard, lO0.O0 feet in width, distant thereon South 69° 06' 30" West (the bearing of the southeasterly line of Dublin Boulevard being taken as South 69° 06' 30" West for the purpose of making this description), 34.43 feet from the intersection thereof with the northeasterly line of Parcel 4, as said parcel is delineated and so designated on that certain map entitled "Parcel Map No. 2834" etc., filed May 23, 1979, in Book lll of Maps at page 9 thereof, Records of Alameda County, California, and running thence along said southeasterly line of Dublin Boulevard, South 69° 06' 30" West, 87.00 feet; thence along the right of way line of said Dublin Boulevard and Donlon Way, southwesterly, southerly, and southeasterly on the arc of a curve to the left, tangent to last said course, the radius of which curve is 50.00 feet, through a central angle of 94° Ol' 43", a distance on said arc of 82.06 feet to a point of tangency on the northeasterly line of the aforesaid Donlon Way, 66.00 feet in width; thence along the direct production northwesterly of the aforesaid northeasterly line of Donlon Way, North 24° 55' 13" West, 30.11 feet; thence northwesterly, northerly and northeasterly on the arc of a curve to the right, tangent to last said course, the radius of which curve is 24.00 feet, through a central angle of 69° 14' 25", a distance on said arc of 29.00 feet to a point of compound curve, tangent at last said point to a course which bears North 44° 19' 12" East; thence northeasterly on the arc of a curve to the right, tangent to last said course, the radius of which curve is 76.00 feet, through a central angle of 24° 47' 18", a distance on said arc of 32.88 feet; thence tangent to last said curve, North 69~ 06' 30" East, 68.25 feet; thence northeasterly and easterly on the arc of a curve to the right, tangent to last said course, the radius of which curve is 146.00 feet, through a central angle of 9° 51' 34", a distance on said arc of 25.12 feet to a point of tangency on a line drawn North 78~ 58' 04" East; thence South 20° 53' 30" East, 4.84 feet to the point of commencement. AND WHEREAS, said Notice of Hearing has been published in the Valley Times and posted as required by law; and WHEREAS, on the day and at the time and place heretofore fixed for said Hearing, said matter has come on to be heard and this City Council has heard and considered all of the evidence presented therein; Resolution No. 17-82 Page 2 NOW, THEREFORE, BE IT RESOLVED, under the authority of Section 8324(b) of the Streets and Highways Code of the State of California, that this City Council does and it hereby finds and determines that the hereinabove described portion of street is unnecessary for present or prospective public use; and BE IT FURTHER RESOLVED, that the hereinabove described portion of street be and the same is hereby vacated, subject, however, to the following conditions to be fulfilled by the adjacent owner, Crest Enterprises, Inc., at no cost to City of Dublin or County of Alameda, said conditions being: (1) The removal of Portland cement concrete curbs, gutters and sidewalk within the vacated area. (2) The installation of Portland cement concrete curbs, gutters and sidewalk within the remaining street right-of-way, all as shown on Alameda County Public Works Agency, Road Department Drawing No. A-3396-10, on file in the office of the City Manager. (3) The salvage and stock-piling of the pedestrian guardrail and appurtenances for pick-up by the County of Alameda. (4) Provide a time schedule covering the removal, and reconstruction of the concrete improvements. (5) Obtain an Encroachment Permit from the Road Department of Alameda County Public Works Agency for all work within the existing right-of-way of Dublin Boulevard. The County will notify the City Council when all work has been satisfactorily completed. AND BE IT FURTHER RESOLVED, that upon satisfactory fulfillment of all of the above conditions, a Quitclaim Deed from the City of Dublin (GRANTOR) to the adjacent property owner, Crest Enterprises, Inc., (GRANTEE) shall be executed, whereby all of GRANTOR's right, title and interest in and to the hereinabove described real property shall be quitclaimed and released to GRANTEE; and BE IT FURTHER RESOLVED, that the City Clerk shall cause a certified copy of this resolution to be recorded at the office of the Alameda County Recorder, immediately prior to the recordation of the Quitclaim Deed hereinbefore authorized, and upon such recordation of this resolution the vacation of the hereinabove described portion of street is complete, and from and after the date of such recordation said vacated portion of street no longer constitutes a public street. BY ORDER OF THE CiTY COUNCIL OF THE CITY OF DUBLIN, Alameda County, California this 5th day of April , 1982. ATTE ST: Dorothy Hock, Clerk DubA23