HomeMy WebLinkAbout056-90RESOLUTION NO. 56-90
P~TIFYING REAL PROPERTY PURCHASE AGREEMENT,
AUTHORIZING PURCHASE OF REAL PROPERTY, AND
APPROVING AGREEMENT TO ACQUIRE ACCESS EASEMENT
APN 216-061-001 AND 216-043-001
WHEREAS, the unimproved real property located generally at the
northeast intersection of Sycamore Valley Boulevard and the
Interstate 680 freeway and more particularly described as
Assessor's Parcel Nos. 216-061-001 and 216-043-001 is uniquely
suited for use as the site for a public Park and Ride facility; and
WHEREAS, the subject property and its proposed public use have been
identified as an environmental mitigation measure under the
California Environmental Quality Act (CEQA) for the East Area
Benefit District Joint Powers Agreement project; and
WHEREAS, the subject property and its proposed public use have been
identified as an environmental mitigation measure under CEQA for
the Interstate 680 widening project; and
WHEREAS, the subject property and its proposed public use have been
shown as a Capital Improvement Project in the Town of Danville's
Capital Improvement Program since 1985; and
WHEREAS, the Town of Danville proposes to acquire the subject
property so that it may proceed with the design, environmental
impact study and construction of the Park and Ride facility; and
WHEREAS, the Town Council of the Town of Danville intends that
access to and from the Park and Ride facility be taken solely from
the Interstate 680 northbound on-ramp and Sycamore Valley
Boulevard; and
WHEREAS, the Town of Danville, through its staff, has entered into
a Real Property Purchase Agreement with the owners of the subject
property, which Agreement enables the Town of Danville to purchase
the subject property at any time prior to April 6, 1990 for a price
of Five Hundred Fifty Thousand Dollars ($550,000.00); and
WHEREAS, the owners of the subject property have instituted
litigation against the Town and Contra Costa County regarding
access to the property; and
WHEREAS, as an integral part of the Town's acquisition of the
property, the owners will dismiss such litigation with prejudice;
and
WHEREAS, Town staff have negotiated a proposed easement agreement
with Contra Costa County, whereby alternative access to the subject
site is assured in the event the proposed Park and Ride facility
cannot be constructed; and
WHEREAS, the Town Council FINDS and DETERMINES, in justification
of the actions taken herein:
®
The Agreements set forth herein are in
furtherance of the public health, safety and
welfare;
·
The purchase price for the subject property
represents the fair market value for the
property at its highest and best use,
determined through good faith arms-length
negotiations;
·
The acquisition of the subject property is
exempt from the requirements of CEQA (Title
24, Cal. Admin. Code, Section 15275).
However, the construction of the proposed Park
and Ride facility will be reviewed to
determine any significant environmental
impacts as a result of the project, together
with alternative projects and mitigation
measures designed to avoid or reduce such
impacts to an acceptable level; now, therefore
BE IT RESOLVED, by the Town Council of the Town of Danville, that
the March 7, 1990 real property purchase agreement between the Town
and Sasha Maloff and George Swallow regarding the real property
identified as APN 216-061-001 and 216-043-001 is hereby ratified;
and be it
FURTHER RESOLVED, that the Town Manager be, and hereby is
authorized, on behalf of the Town, to take all actions necessary
and appropriate in order to exercise the Town's rights as contained
in such agreement, prior to April 6, 1990; and be it
FURTHER RESOLVED, that the Town Manager be, and hereby is
authorized, on behalf of the Town, to execute the proposed Grant
of Easement with the County of Contra Costa, in the form as lodged
with the City Attorney, together with such changes as may hereafter
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become necessary, provided such changes do not materially increase
the obligations of the Town hereunder.
APPROVED by the Town of Danville at a Regular Meeting on March 20,
1990, by the following vote:
AYES: GREENBERG, LANE, RITCHEY, SHIMANSKY
NOES: SCHLENDORF
ABSTAINED: NONE
ABSENT: NONE
ATTEST:
APPROVED AS TO FORM:
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