HomeMy WebLinkAbout096-2013RESOLUTION NO. 96-2013
DECLARING INTENT TO VACATE PUBLIC RIGHT -OF -WAY ON HARTZ
AVENUE AND A PUBLIC UTILITY EASEMENT ON SHORT STREET
WHEREAS, on March 22, 2011, the Heritage Resource Commission approved an
application by Danville Hotel Holdings LLC and Castle Companies to redevelop the
historic Danville Hotel property at the southwest corner of Hartz Avenue and Prospect
Avenue (HRC Resolution No. 2011 -01) and directed the Town to vacate public right -of-
way on Hartz Avenue and a utility easement across the drive aisle formerly known as
Short Street; and
WHEREAS, Chapter 2 of Part 3 of Division 9 of the California Streets and Highways
Code, Section 8300 et seq. provides for vacation of a public right -of way and easements
under specified circumstances; and
WHEREAS, on November 6, 1986, the Town 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, the public right -of -way to be vacated was dedicated to Contra Costa
County on October 7,1977 in Book 8535 Page 46; and
WHEREAS, on October 2, 1974, Contra Costa County abandoned Short Street but
reserved an easement for utilities according to the document recorded in Book 7336
Page 585; and
WHEREAS, the Town Council intends to vacate said public right -of -way and utility
easement pursuant to California Streets and Highways Code, Section 8300 et seq. by
either recording Quitclaim Deeds or by placing an appropriate note conforming to
California Government Code Section 66499.20.2 on the final map for Subdivision 9292;
now, therefore, be it
RESOLVED, by the Danville Town Council that:
1. On December 17, 2013, 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 public right -of -way on Hartz Avenue and a utility easement across the
drive aisle formerly known as Short Street; any and all persons having any
objections to this proposed 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
Right -of -Way and Utility Easement" 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 Right -of -Way and Utility Easement" in at least three (3) public
places along the line of the street proposed to be vacated. 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 November 19, 2013,
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Arnerich, Storer, Doyle, Morgan, Stepper
None
None
None
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY
PAGE 2 OF RESOLUTION NO. 96-2013