HomeMy WebLinkAbout043-2013RESOLUTION NO. 43-2013
APPROPRIATING ADDITIONAL FUNDS FOR CIP PROJECT C -319 AND APPROVING
THE PURCHASE OF RIGHT -OF -WAY AT 179 -183 HARTZ AVENUE (APN 199 - 330 -008)
WHEREAS, the Town of Danville has previously funded Capital Improvement Project C -319
for Hartz Avenue Beautification -Linda Mesa to Railroad; and
WHEREAS, in order for the project to move forward, the Town must acquire right -of -way
across the frontage of properties on the western side of Hartz Avenue between Linda Mesa
and Railroad; and
WHEREAS, on March 12, 2012, the Town Council adopted a Resolution of Necessity,
authorizing the filing of an eminent domain action, if necessary, to acquire right -of -way
across 179 -183 Hartz Avenue, owned by the Steady Land Company; and
WHEREAS, after unsuccessful attempts to reach agreement, the Town filed its eminent
domain case in Contra Costa County Superior Court on September 18, 2012; and
WHEREAS, as a result of continued negotiations between the Town and Steady Land
Company, the parties have reached an agreement allowing the Town to acquire the needed
right -of -way across 179 -183 property and to resolve the litigation; and
WHEREAS, in order to complete the purchase, it is necessary to appropriate additional
funds to CIP Project C -319; now, therefore, be it
RESOLVED, that the Danville Town Council approves the purchase of right -of -way at 179-
183 Hartz Avenue for the price of $225,000 and authorizes the Town Manager and City
Attorney to take all steps necessary and execute all documents necessary to complete the
transaction and to conclude the pending eminent domain case in Contra Costa Superior
Court; and, be it further
RESOLVED, that the Danville Town Council appropriates $225,000 from the CIP General
Purpose Revenue Fund to Town CIP Project C -319 - Hartz Avenue Beautification - Linda
Mesa to Railroad.
APPROVED by the Danville Town Council at a regular meeting on May 7, 2013, by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Arnerich, Storer, Doyle, Morgan, Stepper
None
None
None
APPROVED AS TO FORM:
CITY ATTORNEY
PAGE 2 OF RESOLUTION NO. 43-2013