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Home My WebLink About075-90RESOLUTION NO. 75 -90 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVILLE APPROVING THE GRANTING OF A NON-EXCLUSIVE EASEMENT FOR ROADWAY MAINTENANCE AND REPAIR WHEREAS, Magee Ranch Homeowners Association has submitted a written request for an easement; and WHEREAS, said easement is non-exclusive for roadway maintenance and repair; and WHEREAS, said Homeowners Association will be responsible for all maintenance of the roadway which provides access to the existing Central Contra Costa Sanitary District sewer facilities; and WHEREAS, said easement lies within property owned by the Town of Danville approximately one mile north of Camino Tassajara and one- half mile west of Old Blackhawk Road; and WHEREAS, the granting of this easement is an encumbrance upon the public owned property of the Town of Danville; and WHEREAS, Town Council of the Town of Danville must act affirmatively to grant an easement encumbering public property; now, therefore, BE IT RESOLVED, by the Town Council of the Town of Danville that the granting of this easement and maintenance responsibilities to the Magee Ranch Homeowners Association is approved; and be it FURTHER RESOLVED, that the City Clerk and City Engineer are hereby authorized and directed to execute the grant of easement on behalf of the Town. APPROVED by the Danville Town Council at a Regular Meeting on April 17 , 19 90, by the following vote: AYES: NOES: NONE ABSTAINED: NONE ABSENT: NONE GREENBERG, LANE, RITCHEY, SCHLENDORF, SHIMANSKY ATTEST: APPROVED AS TO FORM: Recorded at request of: Town of Danville When recorded, mail to: Magee Ranch Homeowners Association c/o WSI Builders, Inc. 140 Mayhew Way, Suite 800 Pleasant Hill, CA 94523 For Recorders Use GRANT OF EASEMENT The Town of Danville does hereby grant unto Magee Ranch Homeowners Association a non-exclusive surface easement for the right to maintain and repair a roadway and appurtenances thereto lying within a portion of Parcel F of Wood Ranch North I, Subdivision 6983 situate in the Town of Danville, County of Contra Costa, State of California, described as follows: SEE ATTACHED EXHIBIT "A" containing 7,394 ± square feet See attached exhibits "B" & "C" for sketches /T~own~f/' anv~~i 11 e by Steven C. Lake, City Engineer Date On ~// ~/ /~O , before me, the undersigned, City Clerk f~r the Tow~ of Danville, in the County of Contra Costa, State of California, personally appeared Steven C. Lake, known to me to be the City Engineer of the Town of Danville, the person whose name is subscribed to the within instrument, and acknowledged that he executed the same. ~~ ~/~~~j Nant~] Ort~nblad City Clerk of the Town of Danville Files: 1001-01, 704-02,202-03/7058 £x /B / T PARCEL 1 A PORTION OF PARCEL F AS SAID PARCEL IS SHOWN ON THE MAP OF SUBDIVISION 6983, FILED FEBRUARY 2, X988, IN BOOK 319 OF MAPS AT PAGE iX. ALSO BEING A PORTION OF THE ROADWAY AND UTILITY EASEMENT DESCRIBED AS PARCEL THREE IN THE DEED TO H.&J. CO., A CORPORATION RECORDED JUNE 4, X957, IN BOOK 2992 OFFICIAL RECORDS, PAGE 440, DESCRIBED AS FOLLOWS: A STRIP OF LAND 15. OO FEET WIDE, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL THREE (2992 OR 440) ALSO BEING AN ANGLE POINT IN THE EASTERN BOUNDARY OF SAID PARCEL F (319 M IX); THENCE FROM SAID POINT OF COMMENCEMENT ALONG THE COMMON EASTERN LINE OF SAID EASEMENT (2992 O.R. 440) AND SAID PARCEL F (319 M 11), NORTH 00°40'55" EAST 31.80 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT OF BEGINNING BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 99.28 FEET AND TO WHICH POINT OF BEGINNING A RADIAL LINE OF SAID CURVE BEARS SOUTH 4~ 15'42" WEST; THENCE FROM THE TRUE POINT OF BEGINNING NORTHWESTERLY ALONG THE ARC OF SAID CURVE 35.22 FEET, THROUGH A CENTRAL ANGLE OF 20°19'42" TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL THREE (2992 OR 440) AND SAID PARCEL F (319 M X1). THE SIDELINES OF SAID 15 FEET IN WIDTH STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED TO TERMINATE ON SAID COMMON NORTHERN AND EASTERN LINES. PARCEL 2 A PORTION OF PARCEL F AS SAID PARCEL IS SHOWN ON THE MAP OF SUBDIVISION 6983, FILED FEBRUARY 2, 1988, IN BOOK 319 OF MAPS AT PAGE 1X, DESCRIBED AS FOLLOWS: A STRIP OF LAND 15.00 FEET WIDE, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO GEORGE C. WOOD, ET AL., RECORDED JUNE 4, 1957, IN BOOK 2992, OFFICIAL RECORDS, PAGE 451 SAID CORNER ALSO BEING AN ANGLE POINT IN THE EASTERN BOUNDARY OF SAID PARCEL F (319 M ll); THENCE FROM SAID POINT OF COMMENCEMENT, ALONG THE NORTHERLY LINE OF SAID WOOD PARCEL (2992 OR 451) AND THE EASTERN BOUNDARY OF SAID PARCEL F (319 M ll), SOUTH 6B~33'18' EAST 178.53 FEET TO THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING ALSO BEING THE BEGINNING OF NON-TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 133.50 FEET AND TO WHICH POINT OF BEGINNING A RADIAL LINE OF SAID CURVE BEARS NORTH 38°54'10" EAST; THENCE EXHIBIT "A " CONr'O FROM SAID TRUE POINT OF BEGINNING, LEAVING SAID EXTERIOR BOUNDARY LINE (2992 OR 451), SOUTHERLY ALONG THE ARC OF SAID CURVE 122.09 FEET THROUGH A CENTRAL ANGLE OF 52°23'50"; THENCE TANGENT TO SAID CURVE SOUTH 01 X8'00" WEST 335.64 FEET TO A POINT ON THE EASTERN BOUNDARY LINE COMMON TO SAID WOOD PARCEL (2992 OR 451) AND SAID PARCEL F SAID POINT BEARS NORTH X3° 08'58" EAST 254.3X FEET FROM THE MOST NORTHERN CORNER OF PARCEL C OF SAID SUBDIVISION 6983 (3X9 M XX). THE SIDE LINES OF SAID 15 FEET IN WIDTH STRIP OF LAND TO BE LENGTHENED OR SHORTENED TO EXTEND ENTIRELY ACROSS SAID PARCEL F (3X9 M XX). The easement granted herein includes incidental rights of maintenance and repair of said roadway with the free right of ingress and egress as such right of ingress and egress is necessary to the proper use of the rights granted herein. The Grantor reserves the right to landscape or make such other use of the lands included within the surface easement which is consistent with Grantee's use, however such use by the Grantor shall not include the planting of trees or construction of permanent structures, including but not limited to houses, garages, outbuildings, swimming pools, tennis courts, retaining walls, decks, patios or other architectural concrete structures within the easement. This instrument shall bind and enure to the benefit of the successors and assigns of the parties hereto. ACCESS EA SEM E ~'J',--'~ ..ALL ,wEATHER "B" EXH I BIT PARCEL 1 v- k I DIABLO RANCH ~/ $UBD, 502z~ I N DEV, CO. .~l .~, %, F;\}{c~L C :;,~/ ~Z7 1~A ~ . ,_-.£ 1~4z/r) .~(zl.7/' [NS~ 05 oz .. ". I~4 Z 38' ~" N~8o5o' ZI" E -... ....~ / W 'j.-'~~"~o: H'~J CO. .. 2[gg~ OR ~4LO , , ,, .~ ~,, 90.28' - J' 2o m 42 ... ."4 ?ARCEL M L: 35.22" .... N 0o",i0'55"E 5'O.9G_x" td, f,,,c~,.~3.;q.--.,b,~. '~o~, _. °O'?v ~,fz,,~,-':'.~. '-v,> 0,o /6'~ Oo,) k '°'~9'~ " .SIGNATURE ?HO?5~ FIE~ l~lC, ~pe~ve 31g M II SUB G983 ?ARCEL F [NS.9'ZZ'IO"E 12~0.35 NSOo 23,2,I"E IZSO. 19' ' ,l 'E ,Ill iV£MilEIZzlCCP3g ~c~,~,~r Pl AGLO .,¢/5t~ v ,., /v,~z'/5',12' ~ (~ RAHCH N X,.,~0.8 r~rcV, co. 0oo D'~) .... - Illi~11~1 LG. [II[CI[[I] D.___~__--~ lOB 4G3I SCALE I"= 50' OklE 6' /,,/. c~O -t~JkRC[t G----~--~ ALu WEATHER ACCESS EASEI",I£N.~., EXHIBIT "C" PARCEL 2 · g * i 2992 OR 440~'~.=.-~ "% Ns6'~4'/o'~ (x,) ~'"' ,..."FOUNO IX~" /P P' 133.$0.' .~~ \~. <TYPICAL) - W2 ~ ~,.~ . ,s'AwA6- X 'R %. '"-2992 OR 451 /""~ ' 15' ~V/~'E 4ZZ fVE/JTI-/EP J ~ ~ '< ACCESS Ei~SE/~IE~VT ~ I i $1BhlATUF~E PF{OPEF~-FIE.5 IJ',IC. ~ , ~19 M llJ :- SUB 6983 ~ ~. ~' PARCEL F API 2[5 i00 010 x,. ? ~?,C.~'/~~', DJABLO RANCH DEVELOPMENT COMPANY (,oo o. 3) DRAWN BY ZG CHECKED DD JOB 4631 SCALE I"' I00' DATE ~-/4-89 PARCEL · , o ,r{ '-. '-..J , / /' / / S 11~ // / / // / / ./ / /' ~/ , '" , . \ N ~"