HomeMy WebLinkAbout025-95Recorded at ~request c'~
Town of Danville
When recorded, mail to:
Engineering Department
Associate Ci,vil Eng.
510 La Gonda Way
Danville, CA 94526
u/~/ RECORDEDAT REQ~'[ 06 - .,,
.95 098103 FEB 2 ! 1995
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CONTRACOSTA COUNTY RECORD~.
STEPlIEN I-- WEIR
For Recorders Use COUNTY ~CORDER
FEE ,,?
RESOLUTION NO. 25-95 U
TERMINATING AN OFFER OF DEDICATION OF PUBLIC TRAIL ACCESS EASEMENT
AND ABANDONING THE TOWN'S RIGHT TO ACCEPT THE EASEMENT
WHEREAS, Olympia Investments Inc., is the owner of lots 11 & 12 of Subdivision 7756 at 163 and
173 Alta Vista Way; and
WHEREAS, Owner has recently adjusted said lots so as to encroach within a Public Trail Access
Easement abutting said lots; and
WHEREAS, Owner has requested Town of Danville to abandon its interests in said Public Trail
Access Easement within said lots; and
WHEREAS, said easements within said lots are described as follows:
ALL THAT "PUBLIC TRAIL ACCESS EASEMENT" (P.T.A.E.), OFFERED TO THE
TOWN OF DANVILLE, IN THE COUNTY OF CONTRA COSTA, STATE OF
CALIFORNIA, AS SHOWN ON THE MAP OF SUBDIVISION 7756, RECORDED
AS INSTRUMENT NO. 93-189418 (MB 367, PG'S 12-19, 7/16/93) AND ALSO
LYING WITHIN LOTS 11 AND 12 OF LOT LINE ADJUSTMENT 94-08,
RECORDED AS INSTRUMENT NO. 94-271520 (11/7/94), BOTH ON FILE IN THE
OFFICE OF THE RECORDER OF SAID COUNTY (SEE ATTACHED EXHIBIT A
FOR SKETCH); and
WHEREAS, said easement has been, and will remain offered to the Town until Town takes such
action necessary to abandon said offer; and
WHEREAS, no utilities exist within said easements: and
WHEREAS, the Town of Danville does not wish to accept said easement within said lots because
the easement has been physically relocated by said adjustment of said lots; and
WHEREAS, termination of these offers of dedications are minor in nature and are therefore
exempt from General Plan conformance determination per Resolution No. 103-86; and
WHEREAS, termination of offers of dedication of easements and the right to accept such offers
may be abandoned pursuant to the Streets and Highways Code, Division 9, Part 3; now, therefore,
be it
File: 1001-05/Alta Visa Page 1 of 3 of Resolution No. 25-95
RESOLVED, by the Town Council of the Town of Danville that the offer of dedication of Public
Trail Access Easement, as described above, has been physically relocated so as to exclude that
area within privyate lots, that no utilities exist within said easement, and that this action is made
pursuant to the Streets and Highways Code, Division 9, Part 3, Chapter 4, Article 1, § 8333 (c);
and, be it
FURTHER RESOLVED, that this offer of dedication within said lots is hereby terminated and
the right of the Town of Danville to accept said offer of dedication is hereby abandoned and the
Town staff is hereby authorized and directed to execute and record this resolution on behalf of
the Town; and, be it
FURTHER RESOLVED, that from and after the date this resolution is recorded, said easement
no longer constitutes a easement.
APPROVED by the Danville Town Council at a Regular Meeting on February 7, 1995, by the
following vote:
AYES: Greenberg, Doyle,
NOES: None
ABSTAINED: None
ABSENT: None
Ritchey,
Shimansky, Waldo
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GO
o
60
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
q3t cx_J
File: 1001-05/Alta Visa Page 2 of 3 of Resolution No. 25-95
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EXHIBIT A
END OF DOI;UMg~'
TOWN OF DANVILLE Page 3 of 3 of Resolution No. 25-95