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HomeMy WebLinkAbout4.04 Scarlett Ct Western Vacate~. ~ ~i J ~ ~ ~~' ~~ "~\~ V /w" CITY CLERK File # ^®^i~a-~© AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 6, 2009 SUBJECT: Adoption Of Resolution Of Intent To Vacate The Westernmost Portion Of Scarlett Court And Directing The City Of Dublin Planning Commission To Consider Whether Such Vacation Is Consistent With The City Of Dublin General Plan And Whether A Potential Sale Of The Abandoned Property Would Be Consistent With The City Of Dublin General Plan Report Prepared by: Melissa Morton, Public Works Director ATTACHMENTS: 1. Map of Location to be Vacated 2. Resolution Of Intent To Vacate The Westernmost Portion Of Scarlett Court And Directing The City Of Dublin Planning Commission To Consider Whether Such Vacation Is Consistent With The City Of Dublin General Plan And Whether A Potential Sale Of The Abandoned Property Would Be Consistent With The City Of Dublin General Plan RECOMMENDATION: Adopt the Resolution Of Intent To Vacate The Westernmost Portion Of Scarlett Court And Directing The City Of Dublin Planning Commission To Consider Whether Such Vacation Is Consistent With The City Of Dublin General Plan And Whether A Potential Sale Of The Abandoned Property Would Be Consistent With The City Of Dublin General Plan. FINANCIAL STATEMENT: If the City Council elects to vacate (or abandon) the westernmost portion of Scarlett Court, the City may then dispose of the resulting parcel by selling it for its fair market value. The proceeds of such a sale would be used to complete improvements to the eastern end of Scarlett Court, and any remaining funds would be added to the City's General Fund. COPY TO: Page 1 of 3 ITEM NO. G:~DEVELOPMENT, PRIVATEICorporation Yazd- Scazlett Court Abandonment\Stff Rpt-Initiate Abandonment Western Portion.DOC DESCRIPTION: Background At the time the City of Dublin incorporated in 1982, the eastern portion of Dublin Boulevard terminated at an intersection with Dougherty Road to the north and Hopyard Road to the south. Scarlett Court extended from the eastern side of the intersection, veering southward within a few hundred feet of the intersection. The City acquired fee title to Scarlett Court from the County of Alameda as a result of the City's incorporation in 1982. In 1992, Dublin Boulevard was extended to the east of the intersection as far as the former Southern Pacific Railroad right-of--way (now the Iron Horse Trail). Scarlett Drive was constructed from Dublin Boulevard southward to connect to Scarlett Court in 1992, as well. In 1993, Dublin Boulevard was extended across the former railroad right-of--way to Hacienda Drive, and then eastward from that intersection in order to accommodate new development in the Eastern Dublin Specific Plan area. In 2002, a signal was installed at the intersection of Scarlett Drive and Dublin Boulevard. Since the first extension of Dublin Boulevard, Scarlett Court has connected to the eastern extension of Dublin Boulevard, instead of connecting directly with the Dublin-Dougherty intersection. Most recently, the City acquired additional right-of--way and improved and enlarged the Dublin Boulevard-Dougherty Road intersection to accommodate traffic. The Dublin Boulevard/Dougherty Road Intersection Improvements Project was completed in 2008. The current Dublin-Dougherty intersection is significantly wider than it was prior to the Dublin- Dougherty Intersection Improvements Project, and the eastern side of the intersection is within 80 feet of the intersection of Dublin Boulevard and Scarlett Court. Due to the short distance from a major intersection, it was determined that traffic movement in and out of Scarlett Court should be limited to ensure public safety. Currently, the only permitted traffic movement at the intersection of Scarlett Court and Dublin Boulevard is a right-hand turn from Scarlett Court onto Dublin Boulevard. Access to the properties on Scarlett Court is from Scarlett Drive. Proposal to Abandon Western Portion of Scarlett Court The Dublin-Dougherty Intersection Improvements Project has been complete since Summer 2008. Staff have since observed traffic circulation in the area, and determined that the egress from Scarlett Court onto Dublin Boulevard is infrequently used. This is in part because access to the area from Scarlett Drive renders the egress redundant (Atachment 1). Staff believes that this intersection may also have the potential to confuse drivers in the area. For these reasons, it is believed that it would be in the City's best interest to abandon the westernmost portion of Scarlett Court, thus eliminating the intersection of Scarlett Court and Dublin Boulevard. Based on its observations, Staff does not believe that such an abandonment would negatively impact any of the businesses in the area. Should the City Council elect to vacate the property, Streets and Highways Code § 8355 provides that, where a City owns title to property that was previously used as a street, the City may sell the property in the manner, and upon the terms and conditions approved by its City Council. In the event that the Council approved such a sale, the revenue from the sale would be used to complete improvements to the eastern end of Scarlett Court, and any remaining funds would be added to the City's General Fund. The process for vacating public rights-of--way is set forth in Streets and Highways Code § 8310 et seq. Those statutes provide that the City Council must initiate vacation proceedings. Notice of a public Page 2 of 3 hearing on the matter must then be posted along the portion of the street to be vacated and published for two weeks in a newspaper of general circulation (Streets and Highways Code § 8322). Before the public hearing, the Planning Commission must approve a report to the City Council indicating whether it believes that the vacation is consistent with the City of Dublin General Plan. Finally, the City Council must conduct a public hearing, hear evidence regarding the proposal, and then adopt a Resolution of Vacation. Because State law requires that any sale of City property must also be preceded by a report from the Planning Commission evaluating whether the sale is consistent with the General Plan, Staff has prepared a draft Resolution for the City Council's consideration which initiates the vacation process and directs the Planning Commission to consider whether the vacation would be consistent with the City of Dublin General Plan (Attachment 2). Neither the adoption of the draft Resolution, nor a Planning Commission determination of consistency, commits the City Council to vacate this portion of Scarlett Court or, if the City Council does choose to vacate the land, to sell it. Conclusion It is recommended that the City Council adopt a Resolution Of Intent To Vacate The Westernmost Portion Of Scarlett Court And Directing The City Of Dublin Planning Commission To Consider Whether Such Vacation Is Consistent With The City Of Dublin General Plan And Whether A Potential Sale Of The Abandoned Property Would Be Consistent With The City Of Dublin General Plan. Upon the City Council's adoption of said Resolution, Staff will then post and publish notice of the public hearing as required by the Streets and Highways Code, and will prepare agenda materials for the Planning Commission's determination of whether the vacation would be consistent with the City's General Plan. RECOMMENDATION: Staff recommends that the City Council adopt a Resolution Of Intent To Vacate The Westernmost Portion Of Scarlett Court And Directing The City Of Dublin Planning Commission To Consider Whether Such Vacation Is Consistent With The City Of Dublin General Plan And Whether A Potential Sale Of The Abandoned Property Would Be Consistent With The City Of Dublin General Plan. Page 3 of 3 of3 ~a~~o ~0~\' ~ / ~ L6 C4 L4 1 d~~ ` \ ~~ \ ~~ ~..~- ~O `9~ ~---- ~ G~ / /1i~~ .Q~ 1 ? °P OE~~i~ ~ ,~ i -N- C~ \ 0 100 200 tip \ (IN FEET ,.A 1 inch = 100 iL ~~ `~ \ EX EVAE PER \ ~dG \ ~ MAP 9185 i \ ~ 1 \ \ \~ \ \ \ \ ~~, \~ ~ \ \ \ \ \ ~4 \ \ ty~- _ \~ DETAIL "A~ ~ \/ `OT TO SC~/ LEGEND P.O.B. POINT OF BEGINNING {R) RADIAL (T) TOTAL SQ.FT. SQUARE FEET EVAE EMERGENCY VEHICLE ACCESS EASEMENT SDE STORM DRAIN EASEMENT EXHIBIT B PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR STREET RIGHT OF WAY ABANDONMENT CITY OF DUBLIId, ALAMEDA COUNTY. CALIFORNIA TABLE LINE N0. _ BEARING DISTANCE L1 S32'48'00"E 143.43' L2 N61'40'00"W 108.83' L3 N32'48'00"W 365.64' L4 ND1'12'36"E 13.41' L5 N32'48'00"W 77.76' L6 N32'51'13"W 12.81' L7 N57278'47"E 56.85' L8 S32'48'00"E 332.66' CURVE TABLE ND. RADIUS DELTA LENGTH C1 572.00' 24'45'01 " 247.09' C2 50.50' 7476'13" 65.45' C3 628.00' 18;37'41" 204.18' C4 85.50' 33274'50" 49.35' C5 22.00' 14'38'39" 5.62' C6 50.00' 481J8'27" 42.01' PARCEL B PARCEL MAP 9 ~ 85 BK 308 PARCEL MAPS PG 57 P.0.8. EXISTING STREET RIGHT OF WAY I TO BE ABANDONED 42,2881 SQ.FT. I PARCEL A PARCEL MAP 9]85 \ BK 308 PARCEL MAPS PG 57 20' EVAE \ ~ \ a~~ o~(tt I 0~ , s~~\~ \ \ ~o~ ~.y'L~y~ ~~yo. ~~~ ~ ~ ~ ~ ~~~ ~ ~ ~ ~~ ~ ~ 1 I ~~. ti ) I SHEET 1 OF 2 enyannu~nouy~oww~rn~..t•.e"a,~ 1 1 RUGGERI~JENSEN-AZAR ENQINE£RS ^ Pi_ANNERS • SURVEYORS 4&90 CHABOT DRIVE, SU" '~m ~ ,~ '~ ~ ~' O~ PHONE: (925) 227- 9 ~ ATTACHMENT I. a~-3 RESOLUTION NO. - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESOLUTION OF INTENT TO VACATE THE WESTERNMOST PORTION OF SCARLETT COURT AND DIRECTING THE CITY OF DUBLIN PLANNING COMMISSION TO CONSIDER WHETHER SUCH VACATION IS CONSISTENT WITH THE CITY OF DUBLIN GENERAL PLAN AND WHETHER A POTENTIAL SALE OF THE ABANDONED PROPERTY WOULD BE CONSISTENT WITH THE CITY OF DUBLIN GENERAL PLAN WHEREAS, the westernmost portion of Scarlett Court, at its intersection with Dublin Boulevard, is located in close proximity to a large, busy intersection; and WHEREAS, in order to ensure public safety, traffic movement on said westernmost portion of Scarlett Court is restricted to right turns from Scarlett Court onto Dublin Boulevard only; and WHEREAS, the restricted traffic movement results in limited utilization of said portion of Scarlett Court by vehicular traffic and could potentially create confusion for said vehicular traffic. NOW, THEREFORE, BE IT RESOLVED that the City Council adopts this Resolution, under the provisions of Streets and Highways Code §§ 8310 et. seq. and § 8320, in particular, and that it is the intention of the City Council to vacate the westernmost portion of Scarlett Court. That portion of said street so proposed to be vacated is located in the City of Dublin, County of Alameda, State of California, and is further described in the attached Exhibit A. BE IT FURTHER RESOLVED that notice in accordance with Streets and Highways Code § 8322 shall be published for at least two successive weeks in a newspaper published in Alameda County. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin is hereby directed to report to the City Council its determination of whether such vacation would be consistent with the City of Dublin General Plan and whether a subsequent sale of said vacated property would be consistent with the City of Dublin General Plan. PASSED, APPROVED AND ADOPTED this 6th day of October, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor G:\DEVELOPMENT, PRIVATE\Corporation Yazd- Scazlett Court Abandonmer ATTACHMENT .~ 3 0~ 3 PARCEL ONE: BEING A PORTION OF PARCEL 4 AS SHOWN ON THE PLAT IN THE PROPOSED RELINQUISHMENT DEED TO THE COUNTY OF ALAMEDA RECORDED ON APRIL 30, 1970, IN REEL 2608 AT IMAGE 205, AND LATER RELINQUISHED TO THE COUNTY OF ALAMEDA ON JULY 27, 1970 IN REEL 2661 AT IMAGE 819, OFFICIAL RECORDS OF THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA, A PORTION OF THE PARCEL TO THE COUNTY OF ALAMEDA AS RECORDED ON MAY 14, 1969 IN REEL 2402 AT IMAGE 255, OFFICIAL RECORDS OF THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA AND A PORTION OF SCARLETT COURT SHOWN ON THE MAP ENTITLED PARCEL MAP 9185 FILED ON JULY 29, 208 IN BOOK 3D8 OF PARCEL MAPS AT PAGE 57, ALAMEDA COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHEASTERN LINE OF SAID PARCEL 4, BEING THE NORTHEASTERN LINE OF SCARLETT COUNT AND THE SOUTHWESTERN CORNER OF PARCEL B OF SAID PARCEL MAP 9185; THENCE ALONG SAID NORTHEASTERN LINE, SOUTH 32°48'00"EAST, 143.43 FEET TO A CURVE TO THE LEFT HAVING A RADIUS OF 572.00 FEET, A DELTA OF 24°45'01"; THENCE ALONG SAID CURVE AN ARC LENGTH OF 247.D9 FEET TO ANON-TANGENT CURVE TO THE LEFT HAVING A RADIAL WHICH BEARS NORTH 63°23'48" WEST, A RADIUS OF 50.50 FEET, A DELTA OF 74°16'31"; THENCE LEAVING SAID NORTHEASTERN LINE, SOUTHERLY ALONG SAID CURVE AN ARC LENGTH OF 65.46 FEET TO THE SOUTHWESTERN LINE OF SAID PARCEL 4, ALSO BEING THE SOUTHWESTERN LINE OF 5CARLETT COURT; THENCE ALONG SAID SOUTHWESTERN LINE, NORTH 61°40'00" WEST, 108.83 FEET TO A NON TANGENT CURVE TO THE RIGHT HAVING A RADIAL WHICH BEARS SOUTH 38°34`13" WEST, A RADIUS OF 628.00 FEET, A DELTA OF 18°37'41"; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 204.18 FEET; THENCE NORTH 32°48'00" WEST, 487.29 FEET TO THE SOUTHERN EASTERN CORNER OF SAID PARCEL {R2402I255} SAID POINT BEING ON A CURVE TO THE LEFT HAVING A RADIUS OF 72.D0 FEET, A DELTA OF 21°45'04"; THENCE ALONG THE SOUTHWESTERN LINE OF LAST SAID PARCEL, AND SAID CURVE AN ARC LENGTH OF 27.33 FEET; THENCE LEAVING SAID SOUTHWESTERN LINE, NORTH 57°D8'47" EAST, 83.33 FEET TO THE SOUTHWESTERN LINE OF SAID PARCEL B AND A POINT OF CU5P HAVING A RADIAL WHICH BEARS NORTH 32°51'13" WEST, A RADIUS OF 22.00 FEET, A DELTA OF 14°38'39"; THENCE SOUTHWESTERLY ALONG LAST SAID LINE AND ANp SAID CURVE AN ARC LENGTH OF 5.62 FEET TO A NON- TANGENTCURVE TO THE LEFT HAVING A RADIAL WHICH BEARS NORTH 74°39'33" WEST, A RADIUS OF 50.00 FEET, A DELTA OF 48°Q8'27"; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE AN ARC LENGTH OF 42.01 FEET; THENCE, SOUTH 32°48'00" EAST, 332.66 FEET TO THE POINT OF BEGINNING. EXHIBIT ~. To the Resolution