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HomeMy WebLinkAbout021820-05.6 ADMINISTRATIVE STAFF REPORT 5.6 TO: Mayor and Town Council February 18, 2020 SUBJECT: Resolution No. 11-2020, approving a Quitclaim Deed for an existing scenic easement and accepting a Grant of Easement for a new scenic easement located at 6 Roberts Court (APN 201-120-019) BACKGROUND Prior to incorporation of the Town, Contra Costa County approved a minor subdivision (MS-251-78) which included a scenic easement across a portion of the parcel which is now 6 Roberts Court. The Town and the property owners have recently determined that a portion of a patio was constructed within the scenic easement. In order to correct this situation, it is proposed that the Town quitclaim to the property owners the existing scenic easement over the 1,486 square feet encompassing the patio. In exchange, the owners would grant a new scenic easement over 3,051 square feet of their property not currently included in the original scenic easement. DISCUSSION The Quitclaim Deed (Attachment B) and Grant of Easement (Attachment C) were prepared by the owners’ engineer and reviewed by the Town’s engineering staff. If approved by the Town Council, both deeds will be recorded. PUBLIC CONTACT Posting of the meeting agenda serves as notice to the general public. FISCAL IMPACT None. RECOMMENDATION Adopt Resolution No. 11-2020, approving a Quitclaim Deed for an existing scenic easement and accepting a Grant of Easement for a new scenic easement located at 6 Roberts Court (APN 201-120-019). Accepting Grant of Easement 2 February 18, 2020 for 6 Roberts Court Prepared by: Mark Rusch Civil Engineering Assistant Reviewed by: Tai J. Williams Assistant Town Manager Attachments: A – Resolution No. 11-2020 B - Quitclaim Deed C – Grant of Easement RESOLUTION NO. 11-2020 APPROVING A QUITCLAIM DEED FOR AN EXISTING SCENIC EASEMENT AND ACCEPTING A GRANT OF EASEMENT FOR A NEW SCENIC EASEMENT LOCATED AT 6 ROBERTS COURT (APN 201-120-019) WHEREAS, the property located at 6 Roberts Court (APN 201-120-019) is owned by the Fiset Family Trust, Richard F. Fiset and Judy M. Fiset, Trustees; and WHEREAS, while a portion of the property is subject to a scenic easement , the property owners and the Town have determined that a portion of a patio was constructed within the scenic easement; and WHEREAS, the property owners have offered to grant the Town an additional scenic easement on the property in exchange for the Town quitclaiming the portion of the existing scenic easement in which the patio was constructed, which would result in a larger scenic easement across the property; and WHEREAS, action by the Town Council is necessary to approve the Quitclaim Deed and to accept the Grant of Easement; now, therefore, be it RESOLVED, that the Danville Town Council accepts the Grant of Easement for a Scenic Easement and approves a Quitclaim Deed for an existing scenic easement on the property at 6 Roberts Court and directs the City Clerk to have these documents recorded at the Contra Costa County Recorder’s Office. APPROVED by the Danville Town Council at a regular meeting on February 18, 2020, by the following vote: AYES: NOES: ABSTAINED: ABSENT: ________________________________ MAYOR APPROVED AS TO FORM: ATTEST: ____________________________ ________________________________ CITY ATTORNEY CITY CLERK DocuSign Envelope ID: 9874345C-1D4A-4B04-8B8F-9762B0A21482 ATTACHMENT A ATTACHMENT B ATTACHMENT C