HomeMy WebLinkAbout063-2010
RESOLUTION NO. 63-2010
V ACA TING PORTIONS OF WEST EL PINTADO ROAD
WHEREAS, on March 11,2008, the Danville Planning Commission approved Resolution
No. 2008-04, allowing Community Presbyterian Church of Danville 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 El 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 now 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, a 25 square foot parcel of street right-of-way, hereinafter referred to as Parcel
A, was granted in fee by Presbyterian Church of Danville to Contra Costa County as part of
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 of Danville 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, a 32 square foot parcel and a 1760 square foot parcel of street right-of-way,
hereinafter referred to as Parcels Band C, respectively, 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), reserving therefrom any required public
utility easements; and
WHEREAS, on May 4, 2010, the Town Council approved Resolution No. 45-2010, declaring
intent to vacate excess right-of-way on West EI Pintado Road, in accordance with the
abandonment procedure defined in California Streets and Highways Code, Section 8310 et
seq., and Section 8320 in particular; now, therefore be it
RESOLVED, by the Danville Town Council that:
1. Having conducted a public hearing to consider vacating excess right-of-way on EI
Pintado Road, and having considered the testimony of all persons having an interest
in the proposed existing right-of-way vacation, Town Council finds that said excess
right-of-way is unnecessary for present or prospective use, and therefore approves
this Resolution, vacating portions of West EI Pintado Road, pursuant to California
Streets and Highways Code, Section 8310 et seq.
2. The Town, acting on behalf of AT&T, reserves an easement across Parcels A, B, and
C, described as follows: uEXCEPTING AND RESERVING THEREFROM
PURSUANT TO THE PROVISIONS OF SECTION 8340 of the Streets and Highways
Code and for the benefit of Pacific Bell Telephone Company dba AT&T California
(U AT & TU), the permanent easement and the right at any time or from time to time to
construct, maintain, operate, replace, remove, renew and enlarge lines of pipe,
conduits, cable, wires, poles and other convenient structures, equipment and
fixtures for the operation of telegraphic and telephone lines and other
communication facilities, including access and the right to keep the property free
from inflammable materials and wood growth, and otherwise protect the same from
all hazards, in, upon, over and across that portion of Parcels A, B, and C or parts
thereof."
3. The Town, acting on behalf of PG&E, reserves an easement across Parcels A, B, and
C, described as follows: "RESERVING therefrom pursuant to the provisions of
Section 8340 of the Streets and Highways Code and for the benefit of Pacific Gas and
Electric Company, the permanent easement and the right at any time and from time
to time to construct, reconstruct, maintain, operate, replace, remove, repair, renew
and enlarge lines of pipe, conduits, cables, wires, poles, electrical conductors, and
other equipment, fixtures and appurtenances for the operation of electric, gas, and
communication facilities, including access, and also the rights to trim and cut down
PAGE 2 OF RESOLUTION NO. 63-2010
trees and brush that may be a hazard to the facilities; said area shall be kept open
and free of buildings, structures and wells of any kind."
4. The Town Manager is hereby authorized and directed to execute a Grant Deed for
Parcel A and a Quitclaim Deed for Parcels Band C, which precisely describe the
portions of EI Pintado Road to be abandoned. The City Clerk shall then assure that
the Grant Deed and Quitclaim Deed, together with certified copies of this
Resolution attached to each Deed, are forwarded to the Contra Costa County
Recorder's Office for recording. From and after the date these Deeds are recorded,
these portions of EI Pintado Road will no longer constitute a public street.
APPROVED by the Danville Town Council at a regular meeting on June I, 2010, by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Doyle, Stepper, Andersen, Arnerich, Storer
None
None
None
~y~~~
APPROVED AS TO FORM:
ATTEST:
~13 ~7
CITY ATTORNEY
..
PAGE 3 OF RESOLUTION NO. 63-2010