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RESOLUTION NO. 45-2010
DECLARING INTENT TO VACATE EXCESS-OF-W A YON
WEST EL PINTADO ROAD
WHEREAS, on March 11, 2008, the Danville Planning Commission approved Resolution
No. 2008-04, allowing Community Presbyterian Church to make certain public and private
improvements at 217,221,222 and 233 West EI Pintado Road; and directing the Town to
vacate excess right-of-way along both sides of West EI Pintado Road; and
WHEREAS, Chapter 2 of Part 3 of Division 9 of the California Streets and Highways Code,
Section 8310 et seq. provides for vacation of a public right-of way and easements under
specified circumstances; and
WHEREAS, on November 6, 1986, the City Council approved Resolution No. 103-86,
waiving Planning Commission Determination of General Plan Conformity for Acquisitions
and Vacations of a Specific Minor Nature; and
WHEREAS, a 50-foot wide private street easement was dedicated to adjacent property
owners on the map entitled "First Addition of Rancho EI Rio" recorded January 4, 1911 in
Book 4 of Maps at Page 78; and
WHEREAS, Contra Costa County, and subsequently the Town, assumed maintenance
responsibility for said 50-foot private street easement, which is commonly known as West
EI Pintado Road, and which is adjacent to the properties at 217,221,222 and 233 West EI
Pintado Road; and
WHEREAS, 25 square feet of additional street right-of-way (Parcel A) was granted in fee
by Presbyterian Church of Danville to Contra Costa County via a Grant Deed recorded
October 21, 1974 in Book 7349 of Official Records at Page 685, and ownership of said street
right of way was subsequently transferred to the Town upon incorporation; and
WHEREAS, an appraisal was prepared to determine the value of Parcel A, and said
appraisal assigned a nominal value of $100 to Parcel A; and
WHEREAS, as part of the project approved by Danville Planning Commission Resolution
No. 2008-04, Community Presbyterian Church proposes to dedicate street right-of-way
with a value far in excess of $100, so the sale of Parcel A is not warranted; and
WHEREAS, Parcels Band C were dedicated as part of the 50-foot wide street easement that
the Town has assumed maintenance responsibility for; and
WHEREAS, the Town Council intends to vacate said excess right-of-way pursuant to
California Streets and Highways Code, Section 8310 et seq. by recording a Grant Deed
(Parcel A) and a Quitclaim Deed (Parcels B and C) to the Community Presbyterian Church
of Danville, reserving therefrom any required public utility easements; now, therefore, be it
RESOLVED, by the Danville Town Council that:
1. On June 1, 2010, at 7:30 p.m., in the Town Meeting Hall, 201 Front Street, Danville,
California, the Town Council will conduct a public hearing to consider vacating
excess right-of-way on West EI Pintado Road; any and all persons having any
objections to the proposed right-of-way vacation may appear before said Town
Council and show cause as to why said proposed vacation should not be ordered.
2. The City Clerk is directed to publish a "Notice of Public Hearing on Vacation of
Portions of West EI Pintado Road" for at least two (2) successive weeks prior to the
public hearing in a daily, semiweekly, or weekly newspaper published and
circulated in the local agency conducting the proceeding.
3. The City Clerk is directed to conspicuously post said "Notice of Public Hearing on
Vacation of Portions of West EI Pintado Road" in at least three (3) public places
along the line of the street proposed to be vacated, with each notice posted no more
than 300 feet apart. Said posting shall occur not less than two (2) weeks prior to the
date of the public hearing.
APPROVED by the Danville Town Council at a regular meeting on May 4, 2010, by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Doyle, Stepper, Andersen, Arnerich, Storer
None
None
None
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APPROVED AS TO FORM:
c~~ 'C.+
ATTEST:
..
PAGE 2 OF RESOLUTION NO. 45-2010