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RESOLUTION NO. 50-2007
SUMMARILY V ACA TING THE IRREVOCABLE OFFER OF DEDICATION FOR
STREET AND HIGHWAY PURPOSES AT 201 KUSS ROAD
WHEREAS, a 28-foot wide Irrevocable Offer of Dedication for Street and Highway
Purposes across the property at 201 Kuss Road (APN 201-260-005) in Danville was
dedicated to Contra Costa County on the map for Minor Subdivision MS-91-75 (40 PM 39);
and
WHEREAS, said Offer of Dedication was subsequently accepted by the County by separate
instrument recorded on November 7, 1975, in Book 7678 at Page 990 of official records; and
WHEREAS, Arthur and Sarah Kusnick, who reside at 201 Kuss Road, have asked the Town
to summarily vacate the Offer of Dedication because all adjoining portions of Kuss Road
are privately owned and maintained, because the only public utility in Kuss Road, a water
main owned by East Bay Municipal Utility District, resides in an easement dedicated to the
District and recorded as Document 2007-0080064-00 on March 19, 2007, and because the
Offer of Dedication serves no public purpose; and
WHEREAS, Part 3, Chapter 4 of the California Streets and Highways Code (Section 8330 et
seq.) provides for summary vacation of an Offer of Dedication under specified
circumstances; and
WHEREAS, the Town desires to use this statutory authority to sumni.arily vacate the Offer
of Dedication; now, therefore, be it
RESOLVED, by the Danville Town Council that:
1. The Town of Danville hereby summarily vacates the Irrevocable Offer of Dedication
for Street and Highway Purposes precisely described on the 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).
3. The Mayor is hereby authorized to execute the referenced Quitclaim Deed on behalf
of the Town.
4. The City Clerk is directed to record the executed Quitclaim Deed together with a
certified copy of this resolution at the Contra Costa County Recorder's Office.
5. This vacation shall become effective upon recordation of the referenced Quitclaim
Deed, and from and after the date the Quitclaim Deed is recorded; the street no
longer constitutes a public street.
APPROVED by the Danville Town Council at a regular meeting on May 15, 2007, by the
following vote:
AYES: Shimansky, Andersen, Arnerich, Doyle, Stepper
NOES: None
ABSTAINED: None
ABSENT: None
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APPROVED AS TO FORM:
ATTEST:
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CITY ATTORNEY J
PAGE 2 OF RESOLUTION NO. 50-2007