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HomeMy WebLinkAbout005-98RESOLUTION NO. 5-98 AUTHORIZING TRANSFER OF FEE TITLE FOR PORTIONS OF BELLETERRE DRIVE WITHIN SUBDIVISION 7299 - IMAGES, TO BELLETERRE OWNER'S ASSOCIATION (TOWN RETAINS STREET AND UTILITY RIGHTS) WHEREAS, the Town of Danville (Town) has been offered the public street Belleterre Drive within Subdivision 7299 - Images; and WHEREAS, title to said public street was conveyed to the Town as fee estate interests; and WHEREAS, the landscape areas within said public street are intended to be maintained by the abutting homeowners' association; and WHEREAS, it is appropriate that the abutting homeowners' association own the fee interest in properties they are responsible for maintaining; and WHEREAS, the Town's interests in Belleterre Drive is effectively served with a public street and utility easement rather than fee estate interests; and WHEREAS, the Town has been advised by legal counsel for the abutting homeowners' association that Belleterre Owner's Association has, by written ballot, approved the transfer of said interest; and WHEREAS, the Town will hold title to said Belleterre Drive as a public street and utility easement and will continue to be responsible for maintenance of the public roadway and utility easement; now, therefore, be it RESOLVED, by the Danville Town Council that the Town of Danville does hereby transfer fee title interest (while retaining street and utility easements) to Belleterre Owner's Association and the Town staff is hereby authorized and directed to execute the necessary document to accomplish the same on behalf of the Town. APPROVED by the Danville Town Council at a Regular Meeting on January 20, 1998, by the following vote: AYES: Waldo, NOES: None ABSTAINED: None ABSENT: None Arnerich, Doyle, Greenberg, Shimansky MAYOR APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK PAGE 2 OF RESOLUTION NO. 5-98