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HomeMy WebLinkAbout6.2 Vacate Eastern Scarlett CtG~~~ OF DU~~~ 19' ~~ ,82 ~~~~~~/ C''IGlFpR~~ STAFF REPORT CITY CLERK DUBLIN CITY COUNCIL File # ^®^2 d^-~Q DATE: November 17, 2009 TO: Honorable Mayor and City Councilmembers FROM: ~ Joni Pattillo, City Manager SUBJECT: PUBLIC HEARING -Vacation of the Easternmost Portion of Scarlett Court Prepared By: Melissa Morton, Public Works Director EXECUTIVE SUMMARY: The City Council is being asked to consider adopting a Resolution vacating the easternmost portion of Scarlett Court. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open public hearing; 3) Receive public testimony; 4) Close public hearing and deliberate; and 5) ADOPT the Resolution Vacating the Easternmost Portion of Scarlett Court. f, _.._ ~~ Submitted By Revie y Public Works Director Assistant City Manager Page 1 of 3 ITEM NO. ~O • ~- nl DESCRIPTION: Background The City acquired fee title to Scarlett Court from the County of Alameda as a result of the City's incorporation in 1982. Since 1982, the City of Dublin has used the land located immediately to the east of the cul-de-sac at the easternmost end of Scarlett Court as a corporation yard, for the storage and maintenance of vehicles and other equipment. In 2008, the City purchased the parcel containing the former 84 Lumber at 5777 Scarlett Court, located immediately north of the same cul-de-sac and adjacent to the existing corporation yard, with the intent to use that land as part of the corporation yard. The I-580 freeway is located immediately to the south of this portion of Scarlett Court. City Staff has concluded that the use of the 84 Lumber site and the current corporation yard could be maximized if the easternmost portion of Scarlett Court were vacated (or abandoned) in order to create a larger parcel for use as a corporation yard (Attachment 1). Because the location is a cul-de-sac, and because the City owns the only property adjacent to the right-of way, an abandonment of the right-of-way would not have a negative impact on access to any other parcels in the area, or on vehicular traffic. The process for vacating public rights-of-way is set forth in Streets and Highways Code sections 8310 et seq. Those statutes provide that the City Council must initiate vacation proceedings. Then notice of a public hearing on the matter must be posted along the portion of the street to be vacated and published for two weeks in a newspaper of general circulation. 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. In conjunction with that resolution, the Streets and Highways Code also requires that the City Council find that the proposed portion of right-of-way to be vacated is unnecessary for present or prospective public use and is not useful as a non- motorized transportation facility. At its October 6, 2009 meeting, the City Council adopted a Resolution initiating the vacation process by declaring its intent to vacate the easternmost portion of Scarlett Court and directing the Dublin Planning Commission to determine whether the vacation is consistent with the City of Dublin General Plan (Attachment 2). At its October 13, 2009, meeting, the Planning Commission adopted Planning Commission Resolution 09-36, which declared that the proposed vacation is consistent with the General Plan (Attachment 3). Staff has prepared a draft Resolution (Attachment 4) for the City Council's consideration which would declare that the easternmost portion of Scarlett Court is unnecessary for present or prospective use, that it is not useful as anon-motorized transportation facility, and vacates that portion of Scarlett Court. If the City Council adopts the Resolution, the vacation will become effective when the resolution is recorded with the Alameda County Recorder's OfFce. The City Manager will, in consultation with the City Attorney, determine the appropriate timing of the recordation. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In compliance with state law, a notice of this hearing was published in the newspaper and was posted in three public places and in the area proposed to be vacated. Page 2 of 3 ATTACHMENTS: 1. Map of Location to Be Vacated 2. City Council Resolution No. 143-09 3. Planning Commission Resolution No. 09-36 4. Resolution Vacating Easternmost Portion of Scarlett Court, together with Exhibit "A," Legal Description of Area to Be Vacated. G:\DEVELOPMENT, PRIVATE\Corporation Yard- Scarlett Court Abandonment\PH Stff Rpt-Vacation of Eastern Portion 110709.DOC Page 3 of 3 ~~-~ N 21'20'55"W (R) O N W F- Q N W Z S 0°42'45"W (R) // P.o.e. N CC°47'38"E (R ~ ~ N 89°14'44"E 1: ~ ~ ~ V ~ C'~ FUTURE RIGHT-OF- DEDICATIO~ J ~ N o~ ~n ° ~~ M ~ u ~a ~ ~ ~ N W '"' ~ ~ W ~ J ~ a- ~ V ~ N z PARCEL "A" PM 1177 ti u`~~ os PARCEL "B" ~ PM 1177 / C~ / ,~ / ,`00 i~ Q~ / , / ~~°o QP~ / N ~ • O!t` ~G o ~~ ~`O / ~~~ Q'~P / Q ~~~' yQO *PORTION OF PARCEL 4 OF moo, Q~ RELINQUISHMENT OF R/W DEED ~~o ~Q' (REEL 2893 AT IMAGE 614) ~ G~`G / LEGEND: ~QQ' Q * AREA TO BE VACATED ~~~Q- / (1.12 ACRES) OJ / P.O.C. POINT OF COMMENCEMENT 5 / P.O.B. POINT OF BEGINNING EXHIBIT "A" PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR VACATION OF STREET RIGHT-OF-WAY CITY OF DUBLIN COUNTY OF ALAMEDA CALIFORNIA ~Z~ ZUMWALT ENGINEERING GROUP Civil Engineering/Project Management DANVILLE, CAL' ITC ~~ 1~ 1 I I ~ 1 I MW HN 0~~ ATTACHMENT ~. a~~ RESOLUTION NO. 143- 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********************** RESOLUTION OF INTENT TO VACATE THE EASTERNMOST 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 WHEREAS, the City of Dublin does own two separate parcels of properly located immediately to the northwest and east of the cul-de-sac located at the eastern end of Scarlett Court; and WHEREAS, the City of Dublin desires to utilize these parcels as a location for the storage and maintenance of City vehicles and other equipment; and WHEREAS, said use of these parcels would be furthered by the vacation of a portion of the easternmost portion of Scarlett Court, such that the two parcels could be combined to form a larger contiguous parcel. 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 eastemmost 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 as follows: The property is described as the easternmost 270 feet of Scarlett Court and the triangular shaped right of way at the end, which includes the bulb of the cul-de-sac. 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. PASSED, APPROVED AND ADOPTED this 6th day of October, 2009, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ATTEST: ~~, ~ P~~ City Clerk Reso No. 143-09. Adopted 10-6-09, Item 4.10 Page 1 of 1 V Mayor ATTACHMENT 3 ~- l RESOLUTION NO. 09-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RESOLUTION FINDING THAT THE VACATION OF THE EASTERNMOST AND WESTERNMOST PORTIONS OF SCARLETT COURT, THE POSSIBLE SALE OF THE WESTERNMOST PORTION OF SCARLETT COURT AND ANY LAND TRANSFERS THAT MAY BE NECESSARY TO REALIZE THE PROPOSED RECONFIGURATION OF SCARLETT COURT ARE CONSISTENT WITH THE CITY OF DUBLIN GENERAL PLAN. WHEREAS, the City of Dublin is considering whether to vacate the easternmost and westernmost portions of Scarlett Court, which street is located within the City; and WHEREAS, should the westernmost portion of Scarlett Court be so abandoned, the City of Dublin is also considering the possible sale or other disposal of the easternmost portion of Scarlett Court; and WHEREAS, should the easternmost and westernmost portions of Scarlett Court be so abandoned, the City is considering whether to reconfigure Scarlett Court, and the implementation of the proposed reconfiguration would require the City to acquire portions of adjoining properties; and WHEREAS, Section 65402 of the Government Code requires that the Planning Commission report to the City Council as to whether proposed street vacations, proposed dispositions of property and proposed acquisitions of property conform with the City of Dublin General Plan; and WHEREAS, the Planning Commission did receive information regarding the location, purpose and extent of the proposed vacations, disposition and acquisitions at a public meeting on October 13, 2009 and heard recommendations regarding these proposed actions; and WHEREAS, the Planning Commission has considered the relevant portions of the City of Dublin General Plan with regards to the proposed vacations, disposition and acquisitions. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby find that the proposed abandonment of the eastern portion of Scarlett Court conforms with the City of Dublin General Plan. BE IT FURTHERED RESOLVED that the City of Dublin Planning Commission does hereby find that the proposed abandonment of the western portion of Scarlett Court conforms with the City of Dublin General Plan. BE IT FURTHERED RESOLVED that the City of Dublin Planning Commission does hereby find that the proposed disposition of the western portion of Scarlett Court conforms with the City of Dublin General Plan. BE IT FURTHERED RESOLVED that the City of Dublin Planning Commission does hereby find that the acquisition of property that would be required in order to realize the proposed reconfiguration of Scarlett Court conforms with the City of Dublin General Plan. ATTACHMENT 3. ~ °f ~ PASSED, APPROVED AND ADOPTED this 13th day of October 2009 by the following vote: AYES: Wehrenberg, Brown, Schaub and Swalwell NOES: ABSENT: King ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G: IAgendas120091GP Conformance 10.13.091PC RESO Scarlet GP Conjorm.DOC 2 5 ~- ~ RESOLUTION NO. - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN VACATING THE EASTERNMOST PORTION OF SCARLETT COURT WHEREAS, the City Council of the City of Dublin, on October 6, 2009, adopted Resolution 143-09 declaring its intent to vacate the easternmost portion of Scarlett Court, a public street in the City of Dublin, as described in the attached Exhibit "A"; and WHEREAS, the Planning Commission of the City of Dublin, on October 13, 2009, adopted Planning Commission Resolution 09-36 declaring that the proposed vacation is consistent with the City of Dublin General Plan; and WHEREAS, a public hearing was set for November 17, 2009, at which time any person objecting to such vacation was given the opportunity to appear and show cause why such vacation should not be ordered, and notice of such meeting was duly published and posted; and WHEREAS, such hearing was held by the City Council on November 17, 2009, and the City Council at the time of said hearing determined that said easternmost portion of Scarlett Court was unnecessary for present or prospective public use and was not useful as a non- motorized transportation facility; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does resolve as follows: Section 1. That the easternmost portion of Scarlett Court, located within the City of Dublin, Alameda County, California, is unnecessary for present or prospective public use and is not useful as anon-motorized transportation facility because this portion of the roadway terminates in a cul-de-sac, and is surrounded by property owned by the City of Dublin. Section 2. The easternmost portion of Scarlett Court is hereby vacated and abandoned, reserving and excepting therefrom easements and rights-of-way for emergency vehicle access and to construct, maintain, operate, replace, remove, renew and enlarge sanitary sewers, storm drains and public utility services now existing in said area, including all necessary and convenient appurtenant structures and incidental purposes thereto, including access; said easternmost portion of Scarlett Court is more particularly described in the attached Exhibit "A." Section 2. This Resolution shall be recorded with the Alameda County Recorder, pursuant to Streets and Highways Code § 8325, and the vacation shall be complete upon such recordation. ATTACHMENT ~ °f' ~ PASSED, APPROVED AND ADOPTED this 17th day of November, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\DEVELOPMENT, PRIVATE\Corporation Yard- Scarlett Court Abandonment\PH Reso Vacation-Eastern Portion 110709.DOC 2 _~ ~ ~ EXHIBIT "A" VACATION OF STREET RIGHT OF WAY PORTION OF SCARLETT COURT ALL THAT CERTAIN PROPERTY IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 4 AS DESCRIBED IN THE RELINQUISHMENT OF HIGHWAY RIGHT OF WAY DEED, RECORDED ON JULY 7, 1971 IN REEL 2893 AT IMAGE 614, OFFICIAL RECORDS OF THE COUNTY OF ALAMEDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF PARCEL "A" AS SHOWN ON THE MAP ENTITLED PARCEL MAP 1177 FILED IN BOOK 87 OF PARCEL MAPS AT PAGE 69, ALAMEDA COUNTY RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL "A", NORTH 89° 14'44"EAST, 97.53 FEET TO THE POINT OF BEGINNING; THENCE ALONG SAID SOUTHERLY LINE NORTH 89°14'44'EAST, 284.41 FEET; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL "A" N43°30'S4"EAST, 170 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 4; THENCE S46°29' 14"EAST, 265.00 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL 4; THENCE LEAVING THE SAID SOUTHEASTERLY CORNER ALONG THE SOUTHERLY LINE OF SAID PARCEL 4, SAID LINE BEING ANON-TANGENT CURVE TO THE LEFT HAVING A RADIAL WHICH BEARS SO°42'45"W, A RADIUS OF 9982.00 FEET, AND A DELTA OF 1°28'01", AND A LENGTH OF 2SS.S7'; THENCE CONTINUING ALONG SAID SOUTHERLY LINE S89°14'44"WEST, 363.35 FEET TO A POINT ON ANON-TANGENT CURVE TO THE LEFT HAVING A RADIAL WHICH BEARS N21°20'SS"WEST, A RADIUS OF 4S.S0 FEET, A DELTA OF 91°S1'27"; THENCE ALONG SAID CURVE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY AN ARC LENGTH OF 72.95 FEET TO THE POINT OF BEGINNING. CONTAINING 1.12 ACRES (48,759 SQUARE FEET) MORE OR LESS. END OF DESCRIPTION PREPARED BY: 1c.. ES W. Z ALT REGISTERED CIVIL ENGINEER N0.32371 (EXP.12/31/10) STATE OF CALIFORNIA DATE 1 OF 2 e~°~~'~ No. 32371 ~~ i ~ Exp. ~~ ~ `P,q~~ CIV11- 0~~-~Q 0~ CA~~F EXHIBIT ~• To the Resolution