HomeMy WebLinkAbout139-98Recorded 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. 139-98
APPROVING THE SUMMARY VACATION OF AN EXISTING
DRAINAGE EASEMENT AND ACCEPTANCE OF A NEW STORM
DRAINAGE EASEMENT AT 652 GLEN ROAD
WHEREAS, Thomas M. Shaffer and Dana Lee Shaffer are the owners of Lot 4 of Tract 2897
(652 Glen Road, Danville, CA); and
WHEREAS, said owners have dedicated to the Town of Danville an easement for an existing
storm drain facility that lies within said property; and
WHEREAS, there exists on said property another drainage easement that is not utilized for
drainage purposes that was dedicated as part of Tract 2897 on February 15, 1961; and
WHEREAS, the Town of Danville has title interests in said unutilized drainage easement by said
offer of dedication; and
WHEREAS, it is in the interest of the public to vacate unused public service easements; and
WHEREAS, there are no in-place public utility facilities that are in use and would be affected
by the vacation; and
WHEREAS, the California Streets and Highways Code, Division 9, Part 3, Chapter 4, Article
1, § 8333 (a) does permit public agencies to vacate public service easements that have not been
used for the purposes for which it was dedicated or acquired for five consecutive years
immediately preceding the proposed vacation; now, therefore, be it
RESOLVED, that this vacation of a drainage easement described as follows:
That 10 foot drainage easement on the southeast side of Lot 4 of Tract 2897 in the Town of
Danville, County of Contra Costa, State of California, according the map thereof recorded
in map book 81, pages 25 and 26 on file in the Office of the Recorder of said County;
is made under authority of the Califomia Streets and Highways Code, Division 9, Part 3, Chapter
4, Article 1, § 8333 (a) by the Danville Town Council; and, be it further
RESOLVED, that from and after the date this resolution is recorded, the above-described
drainage easement no longer constitutes a drainage easement; and, be it further
RESOLVED, that the Town of Danville does hereby accept the newly offered Grant of
Easement for Underground Storm Drainage Facilities from the owner of 652 Glen Road; 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 Easement for Underground Storm Drainage Facilities
on behalf of the Town.
APPROVED, by the Danville Town Council at a regular meeting on September 15, 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. 139-98
END OF DOCUIIER
v
Recording Requested By:
, TOWN OF DANVILLE
Return to:
City Clerk
510 La Gonda Way
Danville, CA 94526
'.
3
CONTRA COSTA Co Recorder's Office
STEPHEN L. WEIR, County Recorder
DOC - 98-0227903-00
Check Number
Monday, SEP 21, 1998 10:52:51
FRE $O.OOb:oo Nbr-0000264964
Ttl Pd $ . ima/R4/1-3
Document Title(s)
." '
Resolution No. 139-98 approving the summary vacation of an existing
drainage easement and acceptance of a new storm drainage easement at
652 Glen Road
.