HomeMy WebLinkAbout174-90 RESOLUTION NO. 174-90
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVILLE
SUMMARILY VACATING EXCESS STREET RIGHT-OF-WAY
WHEREAS, the Streets and Highway Code, Division 9, Part 3, Chapter 4, Article 1, Subsection
8334 (a) permits the summary vacation of excess street right-of-way; and
WHEREAS, the Streets and Highway Code, Division 3, Chapter 8, Subsection 2381 requires that
a determination be made that any abandonment of right-of-way is not useful as a non-motorized
transportation facility (bikeway); and
WHEREAS, the City Engineer's report to Town Council this date identifies excess street right-of-
way exists on the east side of Camino Ramon northerly of Fostoria Way described as follows;
A PORTION OF CAMINO RAMON (SHOWN AS CROW CANYON PLACE) STREET RIGHT-
OF-WAY AS SHOWN ON PARCEL MAP SUBDIVISION MS 851-88, DANVILLE PLACE, IN
THE TOWN OF DANVILLE, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEREOF RECORDED IN PARCEL MAP BOOK 139, PAGES 25
AND 26, ON FILE IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED
AS FOLLOWS:
ALL THAT CAMINO RAMON STREET RIGHT-OF-WAY LYING EASTERLY OF A LINE 30
FEET EASTERLY OF AND PARALLEL TO THE CENTERLINE OF CAMINO RAMON AND IT'S
NORTHERLY EXTENSION, ABUSING PARCEL i OF SAID MS 851-88.
CONTAINING 1,889+ SQUARE FEET
SEE ATFACHED EXHIBIT "A" FOR SKETCH; and
WHEREAS, the City Engineer's report states that the excess street right-of-way is unnecessary for
prospective public street purposes and is not useful as a non-motorized transportation facility;
and
WHEREAS, the Streets and Highway Code, Division 9, Part 3, Chapter 5, Article 1, Subsection
8340 (c) provides for the Town to retain all utility easement rights within the excess street right-
of-way necessary to maintain existing facilities; and
WHEREAS, per Resolution No. 90-21, the Planning Commission of the Town of Danville has
confirmed that the vacation of excess street right-of-way is in conformance with the Town General
Plan; and
WHEREAS, a public hearing has been held this date, receiving and considering all evidence
offered by interested person, and finds from all evidence submitted, that the excess street right-
of-way is not necessary for present or future street use; now, therefore,
BE IT RESOLVED, by the Town Council of the Town of Danville that the proposed vacation of
public street right-of-way is in conformance with the Town General Plan; and
FURTHER RESOLVED, that the excess street right-of-way is not useful as a non-motorized
transportation facility; and
FURTHER RESOLVED, that the Town does hereby reserve unto itself, for the benefit of the
public, all utility easement rights within the excess street right-of-way necessary to maintain
existing facilities; and
FURTHER RESOLVED, that from and after the date this resolution is recorded, the street right-
of-way vacated herein no longer constitutes a public street;
APPROVED by the Danville Town Council at a Regular Meeting on August 7, 1990, by the
following vote:
AYES: GREENBERG,
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE
LANE, RITCHEY, SCHLENDORF, SHIMANSKY
MAYOR
ATTEST:
APPROVED AS TO FORM:
CI ATT~ ~'"
,D
I~BOLUTION NO. 90-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
DETERMINING GENERAL PLAN CONFORMITY FOR THE VACATION OF
EXCESS CAMINO RAMON PUBLIC STREET RIGHT-OF-WAY
f
NHEREAS, Government Code Section 65402(a) requires that where a
General Plan has been adopted, the Planning Agency has the
responsibility as to determination of General Plan conformity for
street abandonments; and
NHEREAS, The Town of Danville does have an approved and adopted
General Plan; and
NHEREAS, the extension of Camino Ramon northerly of Fostoria Way
is a directire of the public per the June 6, 1989 ballot; and
WHEREAS, the extension of Camino Ramon will create an excess of
street right-of-way where the existing cul-de-sac has been
constructed; and
WHEREAS, it is in the interest of the Town of Danville to vacate
excess public street right-of-way not necessary for the current or
future use of the public; now, therefore, be it
RESOLVED, by the Planning Commission of the Town of Danville that:
That the vacation of excess public street right-of-way on Camino
Ramon northerly of Fostoria Way per the City Engineer's report to
the Planning Commission dated April 10, 1990 is in compliance and
conformity with the adopted General Plan of the Town of Danville;
and be it
FURTHER RESOLVED, that the Planning Commission does hereby
recommend to the Town Council, the vacation of the excess Camino
Ramon public street right-of-way per the city Engineer's report to
the Planning Commission dated April 10, 1990.
PASSED, APPROVED liND ~DOPTED this 24th day of April, 1990 by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
pmzzl ~j
Vilahuer, Hughes, Hirsch, Hendricks, Wright,
Hunt and Frost
C~torney
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