HomeMy WebLinkAbout045-95~ccorded at request of:
Town of Danville
When recorded, mail to:
Engineering Department
Assod{ate Civil Eng.
510 La Gonda Way
Danville, CA 94526
01 1995
9$ 07009:3
For Recorders Use
- ! 1995
AT J O'CLOCK M.
CONTRA COSTA COUNTY RECORDS
STEPHEN L. WEIR'
COUNTY RECORDER
Fr; $
RESOLUTION NO. 45-95
VACATION OF PUBLIC STREET RIGHT-OF-WAY
%
WHERF~S, Jewish Federation of the Greater East Bay is the Owner of Assessor's
Parcels 206-311-020, 220-060-019, -020, -022 &-039; and
WHEREAS, Owner has requested the Town of Danville to vacate the abutting public
street Camino Tassajara; and
WHEREAS, said public street is described as follows:
ALL THAT PORTION OF CAMINO TASSAJARA STREET RIGHT-OF-WAY (50 FEET WIDE)
IN THE TOWN OF DANVILLE, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA,
LYING GREATER THAN 64.00 FEET (PERPENDICULARLY DISTANT) SOUTHERLY OF
THE FOLLOWING DESCRIBED CENTERLINE OF CAMINO TASSAJARA AS SAID
CENTERLINE IS SHOWN ON THE MAP OF SUBDWISION 7188 BETTENCOURT RANCH
FILED IN MAP BOOK 342, PAGES 42 THROUGH 56 IN THE OFFICE OF THE
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE WESTERLY TERMINUS OF THAT COURSE SHOWN
AS N 85° 25' 03" E, 1009.64' AND TRAVERSING EASTERLY THEREON
NORTH 85° 25' 03" EAST, 1009.64 FEET TO A CURVE CONCAVE
NORTHERLY HAVING A RADIUS OF 3000.31 FEET'; THENCE
EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5° 39'
02" A DISTANCE OF 295.89 FEET; THENCE
NORTH 79° 46' 01" EAST, 275.90 FEET TO THE TERMINUS OF THE
HEREIN DESCRIBED CENTERLINE.
Reserving therefrom: that portion of Camino Tassajara street
right-oj~way (50feet wide) lying within and coincident with parcel 'N'
as said parcel is shown on said map (MB 342, p42-56).
Also reserving therefrom, the right of the public to utilize said
Camino Tassajara (50 feet wide) for public utility purposes.
See attached Exhibit A for sketch; and
PAGE 1 OF RESOLUTION NO. 45-95
"VIIEREAS, said public street has been relocated; and
WHEREAS, said public street is not useful as a nonmotorized transportation facility; and
WHEREAS, Planning Commission determination of General Plan conformance may be
waived per Town Council Resolution No. 103-86 for minor alignment projects; and
r...o
en
o
~
o
o
~
.,-,
WHEREAS, the Streets and Highway Code, Division 9, Part 3, Chapter 4, Article 1,
Subsection 8330 (a) provides for the Town to summarily vacate a street that has been
superseded by relocation; and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 and rights
within said public street as are necessary to maintain existing facilities; and
WHEREAS, the Streets and Highway Code, Division 3, Chapter 8, Subsection 2381
specifies that abandonment of right-of-ways shall not occur unless the governing body
determines that the rights-of-ways are not useful as a nonmotorized transportation
facility; and
WHEREAS, Town Council has invited public testimony this date, and has considered
all evidence offered by Town staff and interested persons; now, therefore, be it
RESOLVED, by the Town Council of the Town of Danville that said public street, as
described above, has been physically relocated, that utilities exist within said easement
and are reserved from this vacation action, that said public street is not useful as a
nonmotorized transportation facility 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 the Town staff is hereby authorized and directed to execute
and record this resolution on behalf of the ToWQ; and, be it
FURTHER RESOLVED, that from and after theqate this resolution is recorded, said
public street no longer constitutes a public street.
APPROVED by the Danville Town Council at a Regular Meeting on April 18, 1995, by
the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Greenberg, Doyle, Ritchey, Sbimansky, Waldo
None
None
None
~~~ . --,-4 ~<,
MAYOR
ATTEST:
CIlY ATTORNEY
~~~
CIlY CLERK
PAGE 2 OF RESOLUTION NO. 45-95
LAYfREHCE AD
mwtmOO~o 00
c
i
~
I/)
~
t-
\.
o
j
u
,/
z
W 3IIOOr
---------.
U)
U)
om
--..- +-
\
1,0
<Du
-Ll: 0
e~>
. E
\ -0 0--
r-------- }
\ uc
;
i
--..J .
.,
;
'-- ...
e-
c
i
~
I/)
~
t-
~
Y-Q)
0.0
-'-
-....,...--
.."
"
,
'. -....j
\...
r..;
....-.....
~
I
f
C600l.0 !;6
TOWN OF DANVILLE
EXHIBIT A
PAGE 3 OF RESOLUTION NO. 45-95