HomeMy WebLinkAbout093-93RESOLUTION NO. 93-93 ~'
APPROVING THE SUMMARY VACATION OF A STORM DRAINAGE EASEMENT
WHEREAS, the owner of lot 70 of Subdivision 6685 (Cimarron Hills) has approached the Town
of Danville; and
WHEREAS, said owner has identified a storm drainage easement within said lot previously
offered to the Town of Danville per subdivision map 6685 (recorded in Map Book 302, pages 14
through 22); and
WHEREAS, said easement offered to the Town of Danville continues to be offered to the Town
until said easement has been vacated by the Town of Danville; and
WHEREAS, said easement has never been used for the purpose for which it was dedicated; and
WHEREAS, said easement is not useful as a nonmotorized transportation facility (bikeway); and
WHEREAS, Government Code Tifie 7, Division 1, Chapter 3, Article 7, Subsection 65402(a)
requires determination of General Plan conformity prior to vacation of real property; and
WHEREAS, the Streets and Highway Code, Division 9, Part 3, Chapter 4, Article 1, Subsection
8333 (a) permits the summary vacation of a public service easement which has not been used for
the purpose for which it was dedicated; and
WHERFAS, 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 unsuitable as a nonmotorized
transportation facility; now, therefore, be it
RESOLVED, that the proposed summary vacation of a storm drainage easement is in conformance
with the Town General Plan; and, be it
FURTHER RESOLVED, that said storm drainage easement has not ever been used for the
purpose for which it was dedicated; and, be it
FURTHER RESOLVED, by the Town Council of the Town of Danville that the proposed
summary vacation of a storm drain easement is unsuitable as a nonmotorized transportation
facility; and, be it
FURTHER RESOLVED, that from and after the date this resolution is recorded, the storm
drainage easement is hereby vacated.
APPROVED by the Danville Town Council at a Regular Meeting on August 3, by the following
vote:
AYES: SHIMANSKY, RITCHEY, DOYLE,
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE
GREENBERG, LANE
APPROVED AS TO FORM:
ATTEST:
CITY CLERK