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RESOLUTION NO. 49-2008
SUMMARILY VACATING A PORTION OF THE 1.524-METER PEDESTRIAN
ACCESS AND UTILITY EASEMENT ORIGINALLY DEDICATED WITH
SUBDIVISION MS 851-96
WHEREAS, a 1.524-meter wide Pedestrian Access and Utility Easement across properties
on Fostoria Way (APN 218-040-043 and 218-040-044) was dedicated and accepted by the
Town of Danville on the map for Subdivision MS 851-96 (175 PM 31) recorded on
November 12, 1998; and
WHEREAS, the current property owner of APN 218-040-044, Castle Arms LLC, has asked
the Town to summarily vacate the portion of said easement that encumbers their property
because no sidewalk, utilities, or similar public improvements were ever installed within
the easement area, and because said owner intends to further subdivide the property on
which the easement resides when the final map for Subdivision 9094 "The Preserve at Iron
Horse Trail" is recorded; 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 summarily vacate a portion
of the 1.524-meter Pedestrian Access and Utility Easement because no sidewalk, utilities, or
similar public improvements were ever installed within the easement area; now, therefore,
be it
RESOLVED, by the Danville Town Council that:
1. The Town of Danville hereby summarily vacates a portion of the 1.524-meter
Pedestrian Access and Utility Easement as said easement is 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 contained in Part 3,
Chapter 4, of the California Streets and Highways Code, specifically Section 8335;
and
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 easement no
longer constitutes a public easement.
APPROVED by the Danville Town Council at a regular meeting on May 6, 2008, by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Andersen, Arnerich, Doyle, Shimansky
None
None
Stepper
APPROVED AS TO FORM:
ATTEST:
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CITY ATIORNEY }
PAGE 2 OF RESOLUTION NO. 49-2008