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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 .