HomeMy WebLinkAbout086-2016RESOLUTION NO. 86-2016
DEDICATING RIGHT-OF-WAY FOR PUBLIC IMPROVEMENTS
AT 115-125 HARTZ AVENUE (APN 199-330-035)
WHEREAS, the Town's former Community Development Agency (the "former CDA")
acquired the real property located at 115-125 Hartz Avenue in 2011, in part for the
purpose of acquiring right-of-way along the frontage of the property to allow for
construction of public improvements as part of Capital Improvement Project C-319
(Hartz Avenue Beautification -Linda Mesa to Railroad); and
WHEREAS, before the former CDA was able to complete the process of dedicating the
necessary right-of-way to the Town, the State of California adopted legislation
dissolving all redevelopment agencies in the state and freezing all redevelopment
agency assets, preventing the planned dedication; and
WHEREAS, in 2013, the California Department of Finance approved the Town
constructing the improvements on the land proposed for dedication through a right -of -
entry; and
WHEREAS, those improvements (public sidewalks, utilities, parking, lighting, etc.)
were installed as part of the Hartz Avenue Beautification project and are currently
being used by the public; and
WHEREAS, the Town acquired fee title to 115-125 Hartz Avenue earlier this year and
desires to dedicate the right-of-way to be consistent with the public improvements
installed; now, therefore, be it
RESOLVED, that the Town of Danville hereby dedicates public right-of-way at 115-125
Hartz (APN 199-330-035) to be used for public improvements as shown on the attached
Irrevocable Offer of Dedication; and, be it further
RESOLVED, that the Irrevocable Offer of Dedication is accepted and shall be recorded
with the Contra Costa County Recorder's office together with a certified copy of this
resolution and a Certificate of Acceptance prepared by the City Clerk.
APPROVED by the Danville Town Council at a regular meeting on September 6, 2016,
by the following vote:
AYES: Arnerich, Doyle, Morgan, Stepper, Storer
NOES: None
ABSTAINED: None
ABSENT: None
CITY ATTORNEY
ATTEST:
CITY CLERK
PAGE 2 OF RESOLUTION NO. 86-2016
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 $
Town of Danville DOCUMENTARY TRANSFER TAX $
Administrative Services
510 La Gonda Way
Danville, CA 94526
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.
APN: 199-330-035
IRREVOCABLE OFFER OF DEDICATION
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE TOWN OF DANVILLE (Grantor)
Hereby irrevocably dedicates to THE TOWN OF DANVILLE, a municipal corporation,
(Grantee), right-of-way for the construction, operation, and maintenance of public street
improvements for use as a public roadway and sidewalk for vehicles of all kinds, pedestrians, and
animals, and for related public utilities including, but not limited to, water, sanitary sewer, storm
drai, natural gas, electricity, cable television, telephone, and related appurtenances, over, across,
under and through lands of grantor together with the right of ingress and egress over and across
the remaining lands of grantor within the Town of Danville, County of Contra Costa, State of
California, described as follows:
Refer to Exhibits "A" and "B" attached hereto and made a part herof
Said right-of-way shall be used solely for the purposes described above. Should the right-of-way
be no longer utilized for public roadway purposes as described, all rights, privileges and fee
interests shall revert to the Grantor, its heir or assignee(s).
day of 2016
reTWINITUTS
Signature
Joseph A. Calabrigo
Town Manager, Town of Danville
Printed Name
NOTARIZATION ATTACHED HERETO
APN: 199-330-035 Sheet 1 of 1
EXHIBIT' A'
LEGAL DESCRIPTION
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE TOWN OF DANVILLE,
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A PORTION OF PARCEL "A" AS SHOWN ON THAT CERTAIN RECORD
OF SURVEY RECORDED JULY 11, 1973 IN BOOK 56 OF LAND SURVEYOR MAPS AT
PAGE 19, CONTRACOSTA COUNTY RECORDS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL "A", THENCE
LEAVING SAID POINT OF BEGINNING ALONG THE NORTHEASTERLY LINE OF SAID
PARCEL "A", SOUTH 36°58'25" EAST, A DISTANCE OF 12.47 FEET;
THENCE, SOUTH 32°29'43" EAST, A DISTANCE OF 77.68 FEET TO THE MOST
EASTERLY CORNER OF SAID PARCEL"A"
THENCE LEAVING SAID EASTERLY CORNER AND ALONG THE SOUTHEASTERLY
LINE OF SAID PARCEL "A", SOUTH 53°59'35" WEST, A DISTANCE OF 19.05 FEET;
THENCE LEAVING SAID SOUTHEASTERLY LINE ALONG A LINE PARALLEL WITH
AND 38.60 FEET WESTERLY OF, MEASURED AT RIGHT ANGLES, THE MONUMENT
LINE OF HARTZ AVENUE AS SAID LINE IS SHOWN ON THE CONTRA COSTA
COUNTY PUBLIC WORKS DEPARTMENT DRAWING #5301, NORTH 38042'10" WEST, A
DISTANCE OF 90.10 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL"A";
THENCE ALONG SAID NORTHWESTERLY LINE, NORTH 53° 59'35" EAST, A
DISTANCE OF 27.84 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 2,148 SQUARE FEET, MORE OR LESS.
THE ABOVE DESCRIBED PROPERTY IS SHOWN AND DELINEATED ON EXHIBIT"B"
ATTACHED HERETO AND MADE A PART HEREOF
BOB J. LEZCANO DATE
PLS 8514 EXP: 12/31/17
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RIGHT OF WAY DEDICATION
ADDRESS: ASSESSORS PARCEL NO.:
115 HARTZ AVE, DANVILLE, CA 199-330-035
EXHIBIT 'B'
817 Amold Drive Ste. 50 PLAT TO
Martinez, CA 94553 ACCOMPANY LEGAL
DESCRIPTION
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