HomeMy WebLinkAbout119-05
RESOLUTION NO. 119-2005
SUMMARILY VACATING AN EXISTING PUBLIC STORM DRAIN EASEMENT
AND ACCEPTING A REPLACEMENT STORM DRAIN EASEMENT AS PART OF
THE FORBES MILL STEAKHOUSE TENANT IMPROVEMENTS
WHEREAS, a 10-foot wide storm drain easement was dedicated to Contra Costa County
on Subdivision 4764 recorded July 13, 1977 in Book 199 of Maps at Pages 19-24; and
WHEREAS, a portion of said easement is now in conflict with tenant improvements
proposed as part of the Forbes Mill Steakhouse project at 200 Sycamore Valley Road West
(APN 208-541-010); and
WHEREAS, the portion of said easement in conflict with the. proposed tenant
improvements is precisely described on an Easement Quitclaim Deed prepared by the
Forbes Mill Steakhouse applicant; and
WHEREAS, a replacement Grant of Storm Drain Easement has been executed by the
property owner, Danville Livery & Mercantile Associates, and submitted to the Town for
acceptance; and
WHEREAS, Part 3, Chapter 4 of the California Streets and Highways Code (Section 8330 et
seq.) provides for summary vacation of a public easement under specified circumstances;
and
WHEREAS, the Town desires to use this statutory authority to abandon the portion of the
existing storm drain easement in conflict with the tenant irnprove;m.ents in exchange for
dedication and acceptance of the replacement easement; now, therefore, be it
RESOLVED, by the Danville Town Council that:
1. The Town of Danville hereby summarily vacates the portion of the existing storm
drain easement precisely described on the Easement Quitclaim Deed prepared for
execution and recordation by the Town 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 8333( c). This portion of
storm drain easement is replaced with a Grant of Storm Drain Easement <;ledicated
by the property owner to be accepted by the Town.
3. The Mayor is hereby authorized to execute the referenced Easement Quitclaim Deed
on behalf of the Town.
4. The City Clerk is directed to record the executed Easement Quitclaim Deed together
with a certified copy of this resolution at the Contra Costa County Recorder's Office.
5. The City Clerk is also directed to attach a Certificate of Acceptance to the
replacement Grant of Storm Drain Easement and have it recorded concurrently with
the referenced Easement Quitclaim Deed.
6. This vacation shall become effective upon recordation of the referenced Easement
Quitclaim Deed.
APPROVED by the Danville Town Council at a regular meeting on October 4,2005, by the
following vote:
AYES: Doyle, Stepper, Andersen, Arnerich, Shimansky
NOES: None
ABSTAINED: None
ABSENT: None
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APPROVED AS TO FORM:
ATTEST:
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CITY CLERK
CITY ATTORNEY
PAGE 2 OF RESOLUTION 119-2005