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HomeMy WebLinkAbout101-89 Resolution No. 101-89 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVILLE APPROVING A TRAIL EASEMENT AGREEMENT WITH OLYMPIA PROPERTIES, INC. FOR SUBDIVISION 7167 Whereas, Olympia Properties, Incorporated, has offered for dedication a trail easement through Subdivision 7167; 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 7th day of August, 1989, by the following vote: Ayes: GREENBERG, RITCHEY, SCHLENDORF Noes: NONE Abstain: NONE Absent: JAGGER, LANE ff ~/' / / / Mayor Attest: ~~~i ty~Cie~r k/~~~ ~Attorney RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: SIGNATURE PROPERTIES, INC. 6612 OWENSD DR. PLEASANTON, CA 94566 City Clerk Town of Danville 510 La Gonda Way Danville, Ca 94526 ORIGINAL AGREEMENT REGARDING TRAIL EASEMENT This agreement is based upon the following facts: A. Olympia Investments, Inc. ("Owner") formerly know as Olympia Properties, Inc. is the owner of a parcel of real property in the Town of Danville described as follows: Parcel B as shown on the Map of Subdivision 7167 filed in Book 344, Page 1, Contra Costa County Records. B. By the final map for Subdivision 7167, Olympia Investments offered for dedication to the Town of Danville a 50- foot public trail access easement across a portion of Parcel B. C. The To~TL of Danville is a municipal corporation. The Town Council has formally accepted an irrevocable offer of dedication on May 15, 1989. 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 harmless, defend and indemnify owner from claims for damage to persons of property (1) which arise from installation or maintenance of the trail (2) for public 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 limited 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 acceptance of the offer of dedication. It shall be binding upon and inure to the benefit of successors-in-interest to the parties. Dated: 7//~Y OLYMPIA INVESTMENTS, INC. formerlj~known as OLYMP:?A~OPERTIES, INC. BY:I ~Presiden~ TO OF DANVILLE BY: Mayor STATE OF GAUFO~)A }SS. On this day of _ , in the year 19~_..~__, before me, the undersigned, a Notary Publidin and for said S/tale, personally appeared .... A and OFFt - , personally known to me (a~'i~'~ YOLANDA M LOVATO 1 (or proved to me on the basis of satisfactory evidence) to be the persons who executed the ~] /~-,r~,'~) NOTARy PUBLIC - CALIFORNIA ? within instrument as President and ,, A-A,~,?cDA COU';,,~ , respectively, of the Corporation therein named, and acknowledged to me that the Corporation ' ' ~ ' -~'---~% ~' executed it pursuant to its by-laws or a resolution of its board of directors. ffi.,~~~ i WITNESS my hand and o ACKNOWLEDGMENT--Corp --Pres & Sec --Wolcotts Form 2220A--Rev 11-83 ©1983 WOLCOTTS, iNC (price mss 8-2) (/ Notary Public in and for said State,