HomeMy WebLinkAbout040522-06.4
ADMINISTRATIVE STAFF REPORT 6.4
TO: Mayor and Town Council April 5, 2022
SUBJECT: Resolution No. 23-2022, approving the removal of Deferred Improvement
Agreement DP 3003-82 for Assessor’s Parcel Number 199-350-038 (321
Hartz Avenue)
BACKGROUND
Deferred Improvement Agreements (“DIAs”) are associated with new development and
allow the Town and developer/property owner to defer construction of certain
infrastructure improvements until a future date. A typical example is when one property
develops and rather than install street frontage improvements in a piecemeal fashion, the
public agency determines it is better to defer the improvements until other adjoining
properties develop, allowing for more effective infrastructure construction. A DIA runs
with the title to land and is binding on future owners.
DISCUSSION
On August 1, 1983, the Town Council approved Deferred Improvement Agreement DP
3003-82 (Attachment B), which was recorded with the Contra Costa County Recorder’s
Office on March 11, 1985. This DIA was associated with the 1982 approval of the building
at 321 Hartz Avenue and deferred the construction of frontage improvements on Hartz
Avenue. All of those improvements were later constructed by the Town as part of the
Downtown beautification project, but the DIA was never exercised by the Town. Given
those facts, there is no longer any need for the agreement. As part of the potential sale of
one unit in the building (which now has commercial condos), the buyer has asked that the
DIA be removed from the title. Approval and recordation of the attached resolution will
serve this purpose.
PUBLIC CONTACT
Posting of the meeting agenda serves as notice to the general public.
FISCAL IMPACT
None.
Removal of DIA for APN 2 April 5, 2022
199-350-038
RECOMMENDATION
Adopt Resolution No. 23-2022, approving the removal of Deferred Improvement
Agreement DP 3003-82 for Assessor’s Parcel Number 199-350-038 (321 Hartz Avenue).
Prepared by:
Robert B. Ewing
City Attorney
Attachments: A – Resolution No. 23-2022
B – Deferred Improvement Agreement 3003-82
Recorded 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. 23-2022
APPROVING THE REMOVAL OF DEFERRED IMPROVEMENT
AGREEMENT DP 3003-82 FOR ASSESSOR’S PARCEL NUMBER 199-350-038
(321 HARTZ AVENUE)
WHEREAS, the Town of Danville approved Development Plan DP 3003-82, allowing for
development of the property located at 321 Hartz Avenue; and
WHEREAS, associated with that approval, the Town adopted Resolution No. 75-83,
approving Deferred Improvement Agreement DP 3003-82, which allowed the property
owner to defer construction of certain public infrastructure on Hartz Avenue; and
WHEREAS, the Deferred Improvement Agreement was recorded with the Contra Costa
County Recorder on March 11, 1985, at Book 12219, Page 255; and
WHEREAS, the City Engineer has determined that the improvements guaranteed by the
Deferred Improvement Agreement have been constructed by the Town, meaning the
terms of the Deferred Improvement Agreement have been satisfied; and
WHEREAS, a potential buyer at 321 Hartz Avenue has requested that the Town remove
the Deferred Improvement Agreement, thereby clearing the title to the property; now,
therefore, be it
RESOLVED, that the Danville Town Council approves the removal of Deferred
Improvement Agreement DP 3003-82 for Assessor’s Parcel Number 199-350-038 (321
Hartz Avenue); and, be it further
RESOLVED, that Town staff is directed to record a copy of this resolution with the
Contra Costa County Recorder.
DocuSign Envelope ID: C15E4B77-ED9E-4F63-B56F-C1308EB7A65E
ATTACHMENT A
PAGE 2 OF RESOLUTION NO. 23-2022
APPROVED by the Danville Town Council at a regular meeting on April 5, 2022, by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
________________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
_____________________________ ________________________________
CITY ATTORNEY CITY CLERK
DocuSign Envelope ID: C15E4B77-ED9E-4F63-B56F-C1308EB7A65E
ATTACHMENT B