HomeMy WebLinkAbout108-2013RESOLUTION NO. 108-2013
VACATING 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 adopted Resolution No. 96 -2013 on November 19, 2013,
providing notice of the Town's intent to vacate said public right -of -way and utility
easement pursuant to California Streets and Highways Code, Section 8300 et seq.; and
WHEREAS, the owners of the historic Danville Hotel property intend to grant a
replacement public utility easement as part of Subdivision 9292 along the south side of
the property but with narrower width to accommodate a proposed new building; now,
therefore, be it
RESOLVED, by the Danville Town Council that:
1. Having conducted a public hearing to consider vacating excess public right -of-
way on Hartz Avenue and a public utility easement located within the parking
aisle along the south side of the historic Danville Hotel property (formerly
known as Short Street), and having considered the testimony of all persons
having an interest in the proposed vacation, the Town Council finds that said
excess public right -of -way and public utility easement are unnecessary for
present or prospective use, and therefore approves this Resolution, thus vacating
said public right -of -way and public utility easement pursuant to California
Streets and Highways Code, Section 8300 et seq.
2. The Town Manager is hereby authorized and directed to execute Quit Claim
Deeds to effectuate this vacation, which shall precisely describe the areas subject
to this action. The City Clerk shall then assure that the Quit Claim Deeds,
together with certified copies of this Resolution attached to each Deed, are
forwarded to the Contra Costa County Recorder's Office for recording.
Alternatively, the Town Manager shall assure that the areas subject to this
vacation are appropriately represented on the final map for Subdivision 9292
prior to its recordation in conformance with California Government Code Section
66499.20.2. From and after the date of recordation, the portion of Hartz Avenue
and the portion of the Danville Hotel property formerly known as Short Street
shall no longer constitute either a public street or public utility easement
respectively.
APPROVED by the Danville Town Council at a regular meeting on December 17, 2013,
by the following vote:
AYES Storer, Doyle, Arnerich, Morgan, Stepper
NOES: None
ABSTAINED: None
ABSENT: None
�AYOR
APPROVED AS TO FORM:
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CITY ATTORNEY
ATTEST:
CITY CL
PAGE 2 OF RESOLUTION NO. 108-2013