HomeMy WebLinkAbout097-05RESOLUTION NO. 97-2005
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 Robert E. Morris 1991 'Trust (the "Owner") owns fee title to the
property located at 1011 Hartz Way; and
WHEREAS, the Owner has received approval from the Town and is constructing a
multi-family, affordable housing project on the property; and
WHEREAS, as part of the review and approval of the project, the Town's planning
Commission included a condition of approval calling for a partial vacation of Hartz
Way fronting on the project; and
WHEREAS, the westerly 9.5 feet of the Public right-of-way for Hartz Way fronting 1011
Hartz Way serves only that parce! as parking and does not continue through to serve
the property of any other owner and is therefore excess; 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 a portion of
Hartz Way to facilitate the Owner's housing project; now, therefore, be it
RESOLVED, by the Town of Danville that:
The Town of Danville hereby summarily vacates the westerly 9.5 feet of street
easement of Hartz Way fronting 1011 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(b). This
portion of street easement is excess and is not required for street purposes
because it will be developed as parking for a new housing development
proposed at 1011 Hartz Way. Moreover, the portion of street easement to be
vacated lies solely within property under one owner and does not continue
through to serve the property of any other owner. The remainder of Hartz Way
shall remain public and is sufficient to serve the public need.
3. 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
all 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. 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 August 3, 2005, by
the following vote:
AYES: Doyle,
NOES: None
ABSTAINED: None
ABSENT: None
Stepper,
Andersen, Arnerich, Shimansky
APPROVED AS TO FORM:
CITY ATTORNEY /
~ATTEST:
CITY CLERK
PAGE 2 OF RESOLUTION NO. 97-2005
JULY 19, 2005
JOB NO. 210027-10
EXHIBIT "A"
LEGAL DESCRIPTION
RIGHT OF WAY VACATION
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE TOWN OF DANVILLE,
CONTRA COSTA COUNTY, CALIFORNIA, BEING A PORTION OF HARTZ WAY
(FORMERLY WILLOW DRIVE) AS SHOWN ON THAT CERTAIN FINAL MAP ENTITLED
"DANVILLE GARDENS", FILED IN THE OFFICE OF THE RECORDER OF CONTRA
COSTA COUNTY ON OCTOBER 23, 1946 IN BOOK 31 OF MAPS AT PAGE 26, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERN CORNER OF LOT 49 AS SAID LOT IS SHOWN
ON SAID MAP (31 M 26), THENCE ALONG THE EASTERLY PROJECTION OF THE
NORTHERN LINE OF SAID LOT 49 SOUTH 89035'00 EAST 9.50 FEET; THENCE
SOUTH 00o25'00'' WEST 140.00 FEET TO A POINT ON THE EASTERLY PROJECTION OF
THE SOUTHERN LINE OF SAID LOT 49; THENCE ALONG SAID EASTERLY
PROJECTION NORTH 89035'00'' WEST 9.50 FEET TO THE SOUTHEASTERN CORNER
OF SAID LOT 49; THENCE ALONG THE EASTERN LINE OF SAID LOT 49
NORTH 00o25'00'' EAST 140.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,330 SQUARE FEET, MORE OR LESS.
(925) 674-9082
Milani & Associates
4071 Port Chicago Highway, Suite 100
Concord, CA 94520
Fax: (925) 674-9279
ILINE
BEARING DISTANCE
N89' 35' 00" I~ g. 50]
N89' 35' O0~ I~ g. 50'
LoT 4,6 - 31 M 2.6
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N89'35'OO"W 140.00' ~.
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N89'J5'OO"W 140.00' ~
LoT 50 2.6
4-0 20 80
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SCALE IN FEET
Planners - Engineers - Surveyors
4071 Port Chicago Hwy., Suite 100 Subject RIGHT OF WAY VACATION
& Associa[es Concord CA 94520-1122 Job No. 210027-10 Scole 1"=40'
Phone: (925) 674-9082 By PE Dote JULY 2005 Chkd. KA
MILANI ox:(925)674-9279 SHEET 1 OF 1
DRAWING: F:~JOBS~210027~SURVEY~RIGHTOFWAYVACATION DATE: 07-19-2005 XREF: BASE
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RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
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CONTRA COSTA Co Recorder Office
STEPHEN L. WEIRL-Clerk-Recorder
DOC- 200~-0358981-00
Tuesday, SEP 20, 2005 15:48:16
FRE $0.00
Ttl Pd $0.00
Nbr-0002907078
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THE SPACE ABOVE IS FOR RECORDERS USE ONLY
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358981
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that this is a true and
correct copy of Town Council Resolution No. 97-2005.
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Marie Sunseri, City Clerk