HomeMy WebLinkAbout056-2016RESOLUTION NO. 56-2016
VACATING EXCESS STREET RIGHT-OF-WAY, LOCATED AT
501 HARTZ AVENUE, APN 208-025-019
WHEREAS, Hartz Avenue is a public street within the Town of Danville ("Town'); and
WHEREAS, County of Contra Costa took fee title to an additional strip of land in front
of 501 Hartz Avenue to allow for the potential future widening of Hartz Avenue, which
land was transferred to the Town of Danville upon the Town's incorporation in 1982;
and
WHEREAS, a portion of this land lies behind the existing public sidewalk and was
improved as part of the expansion of the restaurant at 501 Hartz Avenue in the 1980s;
and
WHEREAS, Streets and Highways Code Section 8334 allows for the summary vacation
of excess right-of-way not required for street purposes; and
WHEREAS, Streets and Highways Code Section 8355 provides that in the case of land
held in fee title for street purposes which is no longer. needed by the public, the land
may be sold; now, therefore, be it
RESOLVED, by the Town of Danville that:
1. The Town of Danville hereby summarily vacates the portion of the street right-
of-way adjacent to 501 Hartz Avenue, as shown on the attached Exhibit 1, which
is incorporated herein by this reference. This portion of right-of-way is not
required for street purposes as the Town has no need to widen Hartz Avenue to
this extent.
2. Pursuant to Streets and Highways Code Sections 8334.5, 8340 and 8341, the
Town specifically reserves and excepts from the vacation, easements for any and
all utilities located in, upon, over and across the property, including, but not
limited to storm drain, sanitary sewer, gas, electric, telephone and cable
television.
3. The Town's Planning Commission reviewed the proposed vacation at their
meeting on May 12, 2016 and found that it was consistent with the Town's 2030
General Plan.
4. The Town of Danville finds that the property in question may be sold to the
adjoining owner pursuant to Streets and Highways Code Section 8355(a) and
establishes the sale price as $2,250.
5. The City Clerk is directed to record a certified copy of this resolution with the
Recorder's Office for Contra Costa County.
6. This vacation shall become effective upon recordation of this resolution;
and, be it further
RESOLVED, that the Town Manager is authorized to execute documents and take all
actions necessary to complete the sale of the property as provided for herein.
APPROVED by the Danville Town Council at a regular meeting on June 21, 2016, by
the following vote:
AYES: Arnerich, Doyle, Morgan, Stepper, Storer
NOES: None
ABSTAINED: None
ABSENT: None
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APPROVED AS TO FORM:
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CITY ATTORNEY
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PAGE 2 OF RESOLUTION NO. 56-2016
3
RECORDING REQUESTED BY:
Town of Danville
WHEN RECORDED MAIL TO:
Town of Danville
Attention: City Clerk
510 La Gonda Way
Danville, CA 94526-1740
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO: The undersigned grantor(s) declare(s):
CITY TRANSFER TAX $
Genesis Holdings LLC DOCUMENTARY TRANSFER TAX $
2415 San Ramon Valley Blvd
Suite 44
San Ramon, CA 94583 SURVEY MONUMENT FEE $
Computed on the consideration or value of property conveyed; OR
Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
The TOWN OF DANVILLE, a municipal corporation
hereby GRANTS to Genisis Holdings LLC, a California limited liability corporation that real
property in the Town of Danville, County of Contra Costa, State of California, described as
follows:
SEE DESCRIPTION, EXHIBIT `A' and PLAT attached hereto and made a part hereof
See attached:
California All -Purpose Acknowledgement
TOWN OF DANVILLE
Signature
Joseph A. Calabrigo
Printed Name
Town Manager
Title
Exhibit 1
Job No. 01205
EXHIBIT `A'
LEGAL DESCRIPTION
Grant Deed
All that real property situated in the Town of Danville, County of Contra Costa, State of
California, described as Ibllows:
Being a portion of Lot 6 in Block 5, Map of Danville, Contra Costa (:'ounty, California, filed
August 12, 1891 in Book C at Page 47-1/2, Contra Costa County Records, further described as
follows:
BEGINNING at the northeasterly corner ofsaid Lot 6 as shown on said Map of Danville; thence
leaving said Point of Beginning and said northeasterly corner of said Lot 6 along the line
common with Lot 5. South 38°14'27" Guest, 12.00 feet; thence leaving said common line, North
51'45'33" West, 40.00 feet; thence along a tangent curve to the left, having a radius of 10.00
feet, through a central angle of'90°00'00", for an arc length off5.71 feet, to a point on the
westerly line of said Lot 6; thence along said westerly line, North 38°14'27" Fast, 12.00 feet;
thence along a tangent curve to the right, having a radius of 10.00 feet, through a central angle of
90°00'00", for an arc length of 15.71 feet: to a point on the northerly line of said I_,ot 6, thence
along said northerly line, South 51 °45'33" East, 40.00 feet to said Point of Beginning.
Area Containing: 600 ± square feet, more or less.
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SCALE: 1" = 20'
COURSE DATA
O R=10.00' D=90°00'00" L=15.71'
�Z R=10.00' D=90°00'00" L=15.71'
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EXCEPTION TO CONTRA COSTA
COUNTY (6901 O.R. 367)
S5104533"E 40.00'
N51045'33"W 40.00'
A.P.N. 208-025-019
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501 HARTZ AVENUE DeBolt Civil Engineering D 0/9/2015
DANVILLE, CALIFORNIA 811 San Ramon Valley Boulevard s`�1.1 eC_ 20
DDanville, California 94526 By'
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