HomeMy WebLinkAbout021-89 Resolution No. 21-89
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVILLE
APPROVING A TRAIL EASEMENT AGREEMENT WITH OLYMPIA PROPERTIES, INC.
FOR SUBDIVISION 6983
Whereas, Olympia Properties, Incorporated, has offered for dedication a trail easement through
Subdivision 6983;
Whereas Olympia Properties, Incorporated, has had difficulty in obtaining insurance coverage for the
homeowners association in that subdivision;
Whereas the public will benefit from the use of the dedicated property as a trail; and
Whereas no addition liability will be incurred by the Town as a result of this agreement;
Now, therefore, the Town Council of the Town of Danville does hereby resolve to approve an
easement agreement providing indemnity to the homeowners' association upon construction and
public use of the trail.
Passed, Approved, and Adopted this 23rd day of February, 1989, by the following vote:
Ayes: GREENBERG, JAGGER, LANE, RITCHEY, SCHLENDORF
Noes: NONE
Abstain: NONE
Absent: NONE
7
Mayor
Attest:
('~-'~ '~'~ Clerk
Approved As To Form:
City Attorney
Reccrding Reques ed by
and
When Recorded Return to:
r
City Clerk
Town of Danville
510 LaGonda Way ORIGINAL
Danville, California 94526
AGRE£MENT REGARDING
TRAIL ~AS~MENT
This Agreement is based upon the following facts:
A. Olympia Properties, inc. ("Owner") is the owner of a
parcel of real property in the Town of Danville described as
follows:
Parcel D as shown on the Map of Subdivision
6983 filed in Book 319, Page 14, Contra Costa
County Records.
B. By the final map for subdivision 6983, Olympia Properties
offered for dedication to the Town of Danville a 50-foot public
trail access easement across a portion of Parcel D.
T
C. The Town of Danville is ~ municipal corporation..- The
Town Council has formally accepte~the offer of dedication on
by
D. The Town of Danville wishes to construct and maintain the
50 foot public trail and is willing to assume liability for the
trail to the extent set forth herein.
NOW, THEREFORE,
1. Owner acknowledges that the offer of dedication of the
50 foot easement for public trail access authorizes the Town to
construct trail improvements.
2. Town agrees to hold hax~mles~, defend and indemni~y owner
from claims for damage to persons of property (1) which ari%e from
installation or maintenance of the trail and (2) for pub!i¢ use of
the trail to the extent Town would be liable as a fee owner of the
property, except for damage resulting from the willful or negligent
acts of the Owner. This indemnification shall include, but not be
limite~ to, attorney fees, court costs, awards, judgments,
settlements, compromised or the like.
3. This Agreement shall be recorded in the office of the
County Recorder concurrently with Town's acceptanoe of the offer
of dedication. It shall be binding upon and inure to the benefit
of successors-in-interest to the parties.
OLY~PIA~P OPERTIES, INC.
I~Presidant
TOWN/OF DANVILLE
city Cl~rk
STATE OF CALIFORNIA
On this___12th day of Decreebet
COUNTYOF Contra Costa thousand nine hundred and eighty-eight in the year one
Susan M. ~rady , before me,
· , a Notary Public, State of California,
duly commissioned and sworn, personally appeared
James C. Ghielmetti
3.i~!~://:!. ~:~,, ~.,?,!.~, known to me to be the Pr-sff dent of thecorporation
"-'" - '' ~ ~'' ~' - ~'~' ' '"'~~~~~'.i,',:'COST~, COUi<,Y idescribed in and that executed the within instrument, and also known to
,<~jj:~/v~ :$y ~, me to be the person _who executed the within instrument on behalf
~:~?_>/ U,y C~?~m. 5xp. June 5. ~909~ of the corporation therein named, and acknowledged to me that such
J '-~"-'~'-'=~' "":~:"'- - - -~ corporation executed the same document
IN WITNESS WHEREOF I ha ve hereun to set my hand and affixed
IThisd°Cumenl,sonlyageneralfo,mwh,chmaybeproperfO, use myofficialsealintheCity of Pleasanton Countyof Alameda
in simple {ransachons anO ~n no way acts, Or aS In{enOecl to acL as a
the day and/~ear in this certit]cate first above written.
substiPule for the aavlce o! an allpiney. The Publisher CJoes not make any warranly
ellherexpressor,mphecl, asloihelecji~vahd,t¥otallyptov,slonotlhesultablhlyo, ~ _~
these forms in any spec,hc transaction. NotaryP~~uic, State of California
Cowdery's Form No. 28-Acknowledgement
My commission expires June 5 1989
Corporation (C. C. Sees. 1190-1190.] )
STATE OF CALIFORNIA )
) ss.
COUNTY OF CONTRA COSTA )
On this 24th day of February, in the year 1989, before me DONNA
JACKSON, the undersigned Notary Public, personally appeared SUSANNA
SCHLENDORF, personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person who executed this
instrument as MAYOR of the TOWN OF DANVILLE, and acknowledged to
me that the TOWN OF DANVILLE executed it.
" " ' '
i(~ DONNA JACKSON
Notary Publk:-Callfomla
CONTRA (:X)$'rA COUNTY
NOTARY'S SIGNATURE