HomeMy WebLinkAbout050-01RESOLUTION NOo 50-2001
VACATING A PORTION OF THE STREET
RIGHT-OF-WAY FOR HARTZ WAY
WHEREAS, Hartz Way is a public street within the Town of Danville (the "Town"),
originally dedicated to the County of Contra Costa as a right-of-way easement; and
WHEREAS, the Community Development Agency of the Town of Danville (the
"Agency") owns fee title to the properties located at 1021 Hartz Way and 1031 Hartz
Way; and
WHEREAS, the Agency has entered into an agreement to convey title to these two
parcels, as well as four adjoining parcels, to Bridge Housing, Inc. ("Bridge") for
redevelopment as a multi-family, affordable housing project; and
WHEREAS, as part of the Bridge project, the portion of Hartz Way fronting on 1021
and 1031 Hartz Way will no longer be necessary for public street purposes and will
become part of the parking lot for the Bridge project; and
WHEREAS, the portion of Hartz Way fronting 1021 and 1031 Hartz Way serves
only the parcels owned by the Agency and does not continue through to serve the
property of any other owner; and
WHEREAS, Part 3, Chapter 4 of the California Streets and Highways Code (Section
8330 et seq.) provides for summary vacation of street easements under specified
circumstances; and
WHEREAS, the Town desires to use this statutory authority to abandon portions of
Hartz Way to facilitate the Bridge housing project; now, therefore, be it
RESOLVED, by the Town of Danville that:
The Town of Danville hereby summarily vacates the street easement over the
western half of Hartz Way fronting 1021 and 1031 Hartz Way. The portion of
street easement vacated is shown on the attached Exhibit A, which is
incorporated herein by this reference~
This summary vacation is made pursuant to the authority of Part 3, Chapter 4
of the California Streets and Highways Code, specifically Section 8334. This
portion of street easement is excess and is not required for street purposes
because it will be developed as a parking lot for a new housing development
proposed on the adjoining property~ Moreover, the portion of street easement
to be vacated lies solely within property under one owner (the Community
Development Agency of the Town of Danville) and does not continue through
to serve the property of any other owner.
Pursuant to Streets and Highways Code Sections 8334.5, 8340 and 8341, the
Town specifically reserves and excepts from the vacation, easements for any
and ail utilities located in, upon~ over and across Hartz Way~ including, but
not limited to storm drain, sanitary sewer, gas, electric~ telephone and cable
television~
4. Pursuant to Civil Code Section 831, the Community Development Agency of
the Town of Danville owns fee title to the center of Hartz Way adjoining 1021
and 1031 Hartz Way.
5. Notice of this vacation has been posted as required by law.
6. The City Clerk is directed to record a certified copy of this resolution with the
Recorder's Office for Contra Costa County.
T This vacation shall become effective upon recordation of this resolution.
APPROVED by the Danville Town Council at a special meeting on May 29, 2001,
by the following vote:
AYES:
NOES:
ABSTAINED: None
ABSENT: None
Doyle, Arnerich, Greenberg, Shimansky, Waldo
None
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST: ,
CITY CLERK
PAGE 2 OF RESOLUTION NO. 50-2001
100 0
GRAPHIC SCALE
$0 100 200
4O0
52
APN 216-102-004
19,600 SQ. FT
5O
( IN FEET )
1 inch = 100 ft.
53 48
APN 216-102-00,5
19,600 SQ. FT
APN 216-102-008
19,600 SQ. FT
54 47
APN 216-102-002
91 aRn ~ FT APN 216-102-00!
100 SQ. FI
Planners - Engineers - Surveyors
3480 Buskirk Avenue, Suife 225
Pleosonf Hill, CA 94523
Associates Phone: (925)941 - 1490
MILANI ~o×:
RIGHT OF WAY ACCESS
BE VACATED
OLD RIGHT OF waY
PER 31 M 26
HARTZ WAY
RIGHT OF WAY
VACATION
05f/24/01 100048"h100046HC EXH.LSH