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HomeMy WebLinkAbout111-97Recorded at request of: Town of Danville When recorded, mail to: Town of Danville City Clerk 510 LaGonda Way Danville, CA 94526-1740 For Recorders Use RESOLUTION NO. 111-97 APPROVING THE SUMMARY VACATION OF A INGRESS AND EGRESS EASEMENT WHEREAS, the Town of Danville is the owner of an easement; and WHEREAS, said easement is an ingress and egress easement allowing public access; and WHEREAS, said easement is across the Contra Costa County owned Iron Horse Trail (previously known as Southern Pacific Railroad right of way) from Laurel Drive to the Town owned Assessors Parcel number 216-061-001 being developed as a Park and Ride facility; and WHEREAS, said easement has not been used for the purpose for which it was dedicated for over seven years; and WHEREAS, said easement is to be vacated per the conditions of approval for construction of the Town of Danville's Park and Ride facility; and WHEREAS, the Streets and Highway Code, Division 9, Part 3, Chapter 4, Article 1, Subsection 8333 (a) permits the summary vacation of an easement which has not been used for the purpose for which it was dedicated for five consecutive years immediately preceding this vacation action; and WHEREAS, the City Engineer's report to Town Council this date identifies this easement as that Grant of Easement from Contra Costa County to the Town of Danville for ingress and egress, recorded in the Office of the Contra Costa County Recorder as Series Number 90-88102; now, therefore, be it RESOLVED, by the Danville Town Council that the proposed vacation of the Grant of Easement for ingress and egress from the County of Contra Costa to the Town of Danville has not been used for the purpose for which it was dedicated for at least the preceding five consecutive years and the Town of Danville does hereby vacate said easement per the Streets and Highway Code, Division 9, Part 3, Chapter 4, Article 1, Subsection 8333 (a); and be it further 9'7 16 .9-) ' RESOLVED, that from and after the date this resolution is recorded, said easement vacated no longer constitutes an ingress and egress easement, and Town staff is hereby authorized and directed to record this resolution with said Contra Costa County Recorder. APPROVED by the Danville Town Council at a Special Meeting on August 21, 1997, by the following vote: AYES: Doyle, Waldo, Shimansky NOES: None ABSTAINED: None ABSENT: Arnerich, Greenberg MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY CITY CLERK :J iecording Requested By: fOWli of Danville - ". CONTRA COSTA Co Recorder's Office STEPHEN L. WEIR, County Recorder ieturn to: 2ity Clerk Town of Danville 510 La Gonda Way Danville. CA 94526 DOC-97-0162997_00 Check Number Friday, SEP 05, 1997 15:12:03 FRE $0. 00 I : Ttl Pd $0.00 Nbr-0000157213 lrc/R9/1-3 Document Title(s) '" . RESOLUTION APPROVING THE SUMMARY VACATON OF A INGRESS AND EGRESS EASEMENT