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HomeMy WebLinkAbout082-91RESOLUTION NO. 82-91 APPROVING TI~ I!XCHANGE OF PROPERTY WITH TI~ AIAMO-LAFAYE'ITE C~ DISTRICT WHEREAS, the Cemetery District has advised the Town that each entity has encroachments upon the land of the other; and WHEREAS, the Cemetery District is a Special District established for the health, safety and welfare of the public; and WHEREAS, there are occupied burial plots within the area encroaching in the public street right-of-way of the Town; and WHEREAS, the Town has E1 Portal street improvements lying within unused Cemetery District property; and WHEREAS, it is in the interest of public health, safety and welfare that the Town and the Cemetery District each provide the other with the rights to the subject properties; and WHEREAS, the properties lie within the boundaries and jurisdictions of each entity, in the vicinity of El Portal at the San Ramon Creek; and WHEREAS, Government Code § 65402 (a) requiring Planning Commission determination of General Plan conformity does not apply because the exchange of properties herein is an exception thereto falling within the category of an alignment correction; and WHEREAS, the execution of the prepared deeds and their recordation at the Recorder's Office will accomplish the exchange; now, therefore, be it RESOLVED, by the Town Council of the Town of Danville that the subject exchange of properties between the Lafayette-Alamo Cemetery District and the Town of Danville is in the interests of the public health, safety and welfare; and be it FURTHER RESOLVED, that this exchange of properties is hereby approved and the Town staff is hereby authorized and directed to execute the same on behalf of the Town and record the appropriate instruments at the Office of the County Recorder. APPROVED by the Danville Town Council at a Regular Meeting on May 7, 1991, by the following vote: AYES: GREENBERG, NOES: NONE ABSTAINED: NONE ABSENT: NONE LANE, RITCHEY, SCHLENDORF, SHIMANSKY MAYOR ATTEST: APPROVED AS TO FORM: