HomeMy WebLinkAbout002-87RESOLUTION NO. 2-87
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVILLE
SUMMARILY VACATING A DEVELOPMENT RIGHTS EASEMENT
WITHIN 494 MONTCREST PLACE (APN 199-450-012)
PURSUANT TO STREETS AND HIGHWAY CODE;
PART 3, CHAPTER 4, SS 8333(C)
WHEREAS, Streets and Highways Code SS 8333(c) permits
summary vacation of an easement superceded by relocation when no
other public facilities are affected; and
WHEREAS, the City Engineer has reported to this Council the
need for relocating the Development Rights Easement and the lack
of existing public facilities within the Development Rights
Easement; and
WHEREAS, the property owner has executed a new Grant of
Easement for the relocated Development Rights Easement; and
WHEREAS, the relocation of the Development Rights Easement
is not in conflict with the Town General Plan; and
WHEREAS, the vacated Development Rights Easement is
described as follows:
All that Development Rights Easement identified
as "25' wide D.R.E. (Typ.)" lying within Lot 4
of Subdivision 5639 in the Town of Danville, County of
Contra Costa, State of California per map thereof on
file in Map Book 242, Pages 23 and 24, on file in the
office of the Recorder of said County.
Excepting therefrom those portions outside of
Lot 4 as said lot was adjusted per Lot Line
Adjustment 84-2 in the deed to Herman J. Sandkuhle,
Jr. recorded as instrument number 84-35016 in
Book 11669, Page 344, on March 15, 1984 and the
deed to Richard N. Stuart, recorded as instrument
number 84-35018 in Book 11696, Page 346 on March 15
1984, records of said County Recorder.
See attached Exhibit A for sketch.
NOW, THEREFORE, the Town Council of the Town of Danville
hereby resolves as follows:
1. The Council now finds and declares the vacation of the
above-described Development Rights Easement is not in
conflict with the Town General Plan.
2. The Council now finds and declares the above-described
Development Rights Easement is unsuitable as a non-motored
transportation facility.
3. The Council now summarily vacates the above-described
Development Rights Easement pursuant to Streets and Highways
Code, Part 3, Chapter 4, SS 8333(c).
4. From and after the date, this resolution is recorded
with the County Recorder, the above-described Development
Rights Easement shall no longer be or constitute a
Development Rights Easement
5. The City Clerk shall cause a certified copy of the
resolution of summary vacation attested by the City Clerk
under seal, to be recorded without acknowledgment,
Certificate of Acknowledgment, or further proof, to be
recorded in the Office of the County Recorder.
PASSED, APPROVED AND ADOPTED this 5th day of
1987 by the following vote:
January , _
AYES:
Kennett, Lane, McNeely, Offenhartz, Schlendorf
NOES: None
ABSENT: None
ABSTAIN:
ATTEST:
city Clerk
11
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