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HomeMy WebLinkAbout118-97Recorded at request of: Town of Danville I When recorded, mail to: Town of Danville City Clerk 510 La Gonda Way Danville, CA 94526-1740 For Recorders Use RESOLUTION NO.' 118-97 ACCEPTING PUBLIC IMPROVEMENTS AND DEDICATIONS AND VACATING EXCESS TRAIL EASEMENT FOR SUBDIVISION 6749 (BRANAGH), LOCATED ON THE SOUTH SIDE OF BLEMER ROAD AT LOS CERROS SCHOOL WHEREAS, Branagh Development Inc., is the subdivider of said subdivision; and WHEREAS, the subdivider has requested the Town of Danville to accept said subdivision improvements as complete and accept the dedications offered to the Town of Danville on the recorded subdivision map of Subdivision 6749 (MB 354/46-47); and WHEREAS, the City Engineer has advised that the public improvements required as a condition of that subdivision agreement between the Town of Danville and said subdivider have been satisfactorily completed and has advised that the westerly 12' of the 30' wide Trail Easement being offered is excess right of way and is not required because the trail has been installed outside of the westerly 12'; and WHEREAS, said subdivision lies within the corporate limits of the Town of Danville; and WHEREAS, it is now in the interest of the Town of Danville to: accept those dedications for public streets and other easements on said subdivision map, for the benefit and use of the general public; and accept those public improvements installed as public facilities for the benefit and use of the general public; and vacate any excess Trail Easement offered which does not benefit the general public; and WHEREAS, the Streets and Highway Code, Division 9, Part 3, Chapter 4, Article 1, Subsection 8334 (a), permits summary vacation of a trail easement; and WHEREAS, the Danville Town Council must act affirmatively in order for the subdivision improvements and dedications to be accepted and reject any excess Trail Easement; now, therefore, be it RESOLVED, by the Danville Town Council to accept the following dedications offered for the public benefit within this subdivision: ~ 2. 3. 4. Blemer Place is accepted as a public street easement; and Public Utility Easement(s) (P.U.E.) abutting Blemer Road is hereby accepted; and Storm Drain Easement (S.D.E.) within lot five is hereby accepted; and The easterly 18' of the 30' Wide Trail Easement within lots five and six is hereby accepted; and be it further RESOLVED, that from and after the date this resolution is recorded, the offer of dedication of the westerly 12' of the 30' Wide Trail Easement is vacated and no longer constitutes a Trail Easement; and be it further RESOLVED, that the Town of Danville hereby accepts those public improvements installed as a condition of this subdivision agreement; and be it further RESOLVED, that the Town staff is authorized and directed to release those securities required as a condition of this subdivision in accordance with the Danville Municipal Code. APPROVED by the Danville Town Council at a Regular Meeting on September 3, 1997, by the following vote: AYES: Doyle, NOES: None ABSTAINED: None ABSENT: None Waldo, Arnerich, Greenberg, Shimansky MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY CITY CLERK PAGE 2 OF RESOLUTION NO. 118-97 ?~ecording Requested By: TOWN OF DANVILLE ~eturn to: City Clerk 510 La Gonda Way Danville, CA 94526 CONTRA COSTA Co Recorder's office STEPHEN L. WEIR, County Recorder DOC_ 97--0175264--00 Check Number Monday~ SEP 22, 1997 15:29:00 FRE Ttl Pd $0.00 5~r-0000171699 bit/R5/1-3 Document Title(s) RESOLUTION NO. 118-97 ACCEPTING PUBLIC IMPROVEMENTS AND D'EDICATIONS AND VACATING EXCESS TRAIL EASEMENT FOR SUBDIVISION 6749 (BRANAGH), LOCATED ON THE SOUTH SIDE OF BLEMER ROAD AT LOS CERROS SCHOOL