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HomeMy WebLinkAbout065-2017 PRE-RECORDED VERSIONRecorded at request of: Town of Danville When recorded, mail to: Town of Danville City Clerk 510 La Gonda Way Danville, CA 94526-1740 For Recorder's Use RESOLUTION NO. 65-2017 APPROVING THE REMOVAL OF ASSESSOR'S PARCEL NUMBER 199-330-016 (154 LINDA MESA AVENUE) FROM THE DEFERRED IMPROVEMENT AGREEMENT FOR DANVILLE SQUARE WHEREAS, the Edward S Ageno 1992 Revocable Trust, was the developer of the Danville Square Shopping Center, DP 99-28; and WHEREAS, as a condition of approval for DP 99-28, the Town required the Trust to enter into a Deferred Improvement Agreement for certain public improvements; and WHEREAS, the Deferred Improvement Agreement was recorded September 18, 2000 (Instrument No. 201770) attached hereto; and WHEREAS, the City Engineer has determined that the improvements guaranteed by the Deferred Improvement Agreement (as listed in Exhibit "B" to the Agreement) are not the responsibility of Assessor's Parcel Number 199-330-016 (154 Linda Mesa Avenue); and WHEREAS, the owners of APN 199-330-016 have requested that the Town clarify that their property is not subject to the Deferred Improvement Agreement; now, therefore, be it RESOLVED, that the Danville Town Council recognizes that the terms of the Deferred Improvement Agreement between the Town of Danville and the Ageno Trust are no longer applicable to Assessor's Parcel Number 199-330-016 (154 Linda Mesa Avenue); and, be it further RESOLVED, that Town staff is directed to record a copy of this resolution with the Contra Costa County Recorder. APPROVED by the Danville Town Council at a regular meeting on July 18, 2017, by the following vote: AYES: NOES: Arnerich, Blackwell, Morgan, Stepper, Storer None ABSTAINED: None ABSENT: None APPROVED AS TO FORM: CITY ATTORNEY E'111�J1: s' a CITY CLERK PAGE 2 OF RESOLUTION NO.65-2017