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HomeMy WebLinkAbout018-02RESOLUTION NO. 18-2002 ABANDONMENT OF PREVIOUSLY DEDICATED ABUTTER'S RIGHTS TO ALLOW FOR ACCESS TO A SINGLE FAMILY PARCEL FROM HIDDEN HILLS PLACE WHEREAS, on October 6, 1998, the Town Council approved the Subdivision Map for MS 852- 97, subdividing a 5.32 +/- acre parcel into two single family parcels; and WHEARAS, a condition of approval of this subdivision required the dedication of abutter's rights along the new parcel's Hidden Hills Place fi-ontage, requiring access to the new parcel, identified as 33 Hidden Hills Place, to be from an existing shared driveway; and WHEREAS, due to legal conflicts related to the use of the existing shared driveway, the applicant has requested to access the new parcel via a new driveway from Hidden Hills Place; and WHEREAS, prior to the creation of this new driveway, the Town must abandon a portion of the previously dedicated abutter's rights along Hidden Hills Place; and WHEREAS, the Danville Town Council did review the project at a public hearing on February 19, 2002; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that the Town Council approve the request; and WHEREAS, the Town Council did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it RESOLVED, by the Town of Danville that: The Town of Danville hereby summarily vacates the dedication of abutter's fights over a 30 +/- foot section of the parcel's frontage on Hidden Hills Place. The portion of abutter's rights vacated is shown on the attached Exhibit A, which is incorporated herein by this reference. 2. This summary vacation is made pursuant to the authority of Part 3, Chapter 4 of the California Streets and Highways Code, specifically Section 8334. 3. Notice of this vacation has been posted as required by law. 4. The City Clerk is directed to record a certified copy of this resolution with the Recorder's Office for Contra Costa County. 5. This vacation shall become effective upon recordation of this resolution. APPROVED by the Danville Town Council at a regular meeting on February 19, 2002, by the following vote: AYES: Waldo, Arnerich, Doyle, Greenberg, Shimansky NOES: None ABSTAINED: None ABSENT: None APPROVED AS TO FORM: CITY ATTORNEY MAYOR ATTEST: CITY CLERK PAGE 2 OF RESOLUTION NO. 18-2002 Exhibit A // OVERALL SITE PLAN BALIGA RESIDENCE