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RESOLUTION NO. 34-2009
ACCEPTING GRANTS OF ACCESS EASEMENTS FOR
PERMANENT GROUND ANCHORS ASSOCIATED WITH THE
FRONT STREET REPAIR (FEMA) PROJECT, CIP NO. A-504 '
WHEREAS, the Danville Town Council previously approved funding in the Capital
Improvement Program for the Front Street Repair (FEMA) Project, CIP No. A-504; and
WHEREAS, the project constructed a soldier pile retaining wall along the east side of Front
Street to repair creek bank erosion that was threatening the road; and
WHEREAS, the wall system relies on permanent ground anchors installed beneath the
road that extend approximately 40 feet towards the private properties to the west, said
properties being described as,
254 Rose Street (APN 200-211-016) owned by Beverly J. Weller, a widow, and Bryan
C. Weller, an unmarried man, as joint tenants;
67 Front Street (APN 200-211-017) owned by Glockner Family Trust, Gene W.
Glockner and Vicki W. Glockner, Trustees;
77 Front Street (APN 200-211-018) owned by Richard Scherer, Trustee, R. Scherer
2004 Trust; and
WHEREAS, the buried ends of the anchors encroach onto said private properties; and
WHEREAS, three property owners have executed Grant of Access Easement for Permanent
Ground Anchors documents that allow the anchors to remain under the road in perpetuity,
and allow the Town to maintain the anchors in the future; and ,
WHEREAS, the Town must accept the easements; now, therefore, be it
RESOLVED, that the Danville Town Council hereby accepts the Grant of Access Easement
for Permanent Ground Anchors documents effecting the properties described above and
hereby directs the City Clerk to attach an executed Certificate of Acceptance to each
easement together with a certified copy of this resolution, and have each of the three
easement documents recorded at the Contra Costa County Recorder's Office.
APPROVED by the Danville Town Council at a regular meeting on April 21, 2009 by the
following vote:
AYES: Arnerich, Doyle, Andersen, Shimansky, Stepper
NOES: None
ABSTAINED: None
ABSENT: None
APPROVED AS TO FORM:
7~13 '<C.)
ATTEST:
CITY ATTORNEY
PAGE 2 OF RESOLUTION NO. 34-2009