HomeMy WebLinkAbout081-97Recorded at request of: Town of Danville When recorded. mail to: Town of Danviile Engineering Department Associate Civil Engineer 510 LaGonda Way Danville, CA 94526 For Recorders Use RESOLUTION NO. 81-97 WHEREAS, Stephen Ek Teong Loo and Siew Long Ng Loo are the owners of Parcel C of MS 853-91; and WHEREAS, said owners have received Town Council approval for the relocation of a scenic easement within said property; and WHEREAS, said relocation may most expeditiously be accomplished by the Town vacating the existing easement and the owner granting a new easement; and WHEREAS, said owner has executed a Grant of Easement for the relocated scenic easement to the Town of Danville; and WHEREAS, there are no in-place public utility facilities that are in use and would be affected by the vacation; and WHEREAS, said Streets and Highway Code, Division 9, Part 3, Chapter 4, Article 1, § 8330 (a) does permit pu_blic agencies to vacate public service easements; and WHEREAS, said Streets and Highway Code, Division 9, Part 3, Chapter 4, Article 1, § 8333 (c) does authorize a summary vacation process where an "... easement has been superseded by relocation..."; now, therefore, be it RESOLVED, that this vacation of a scenic easement described as follows: That scenic easement within Parcel C of Parcel Map Stabdivision MS 853-91, in the Town of Danville, County of Contra Costa, State of California, according to the map thereof recorded in Parcel Map Book 166, pages 28 through 30 on file in the Office of the Recorder of said County; is made under authority of the Streets and Highway Code, Division 9, Part 3, Chapter 4, by the Danville Town Council; and be it further RESOLVED, that from and after the date this resolution is recorded, the above described scenic easement no longer constitutes a scenic easement; and be it further RESOLVED, that the Town of Danville does hereby accept the newly offered Grant of Scenic Easement from the owner as a relocated easement; and be it further RESOLVED, that Town staff is hereby authorized and directed to execute and record this resolution and the newly offered Grant of Scenic Easement on behalf of the Town. APPROVED by the Danville Town Council at a Regular Meeting on June 17, 1997 by the following vote: AYES: Doyle, NOES: None ABSTAINED: None ABSENT: None Waldo, Arnerich, Greenberg, Shimansky AY~R ~ CITY ATTORNEY ATTEST: CITY CLERK PAGE 2 OF RESOLUTION NO. 81-97