HomeMy WebLinkAbout090622-06.10 ADMINISTRATIVE STAFF REPORT 6.10
TO: Mayor and Town Council September 6, 2022
SUBJECT: Resolution No. 79-2022, approving a quitclaim deed vacating excess street
right-of-way, located at 1631 Lawrence Road, APN 206-170-004
BACKGROUND
In 1971, Contra Costa County acquired fee title to a strip of land fronting 1631 Lawrence
Road for right-of-way purposes. The acquisition was consistent with the County’s
Precise Alignment Plan for potential future widening of Lawrence Road. When the Town
annexed the Lawrence/Leema Road area in April 1991, title to this right-of-way was
transferred to the Town. The Town has no plans to further widen the street, thus the strip
of land can be vacated as excess right-of-way.
DISCUSSION
In February 2004, the Town Council approved the vacation of excess rights-of-way for a
number of properties, including the subject property, fronting on Lawrence Road. These
actions established the new adopted roadway width. The title company for the subject
property owner has now identified that, because the right-of-way for this parcel was
granted as fee title, it is necessary to vacate the right-of-way through a quitclaim deed.
Doing so will ensure clear title for the owners of 1631 Lawrence Road.
PUBLIC CONTACT
Posting of the meeting agenda serves as notice to the general public.
FISCAL IMPACT
None.
Vacating Excess Street Right-of-Way 2 September 6, 2022
1631 Lawrence Road
RECOMMENDATION
Adopt Resolution No. 79-2022, approving a quitclaim deed vacating excess street right-
of-way, located at 1631 Lawrence Road, APN 206-170-004.
Prepared by:
Fred Korbmacher
Development Services Coordinator
Reviewed by:
Tai J. Williams
Assistant Town Manager
Attachment: Resolution No. 79-2022
Exhibit 1 – 1971 Grant Deed
RESOLUTION NO. 79-2022
APPROVING A QUITCLAIM DEED VACATING EXCESS STREET RIGHT-OF-
WAY, LOCATED AT 1631 LAWRENCE ROAD, APN 206-170-004
WHEREAS, Lawrence Road 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 as right-
of-way in front of 1631 Lawrence Road to allow for the potential future widening of the
street. That right-of-way was transferred to the Town of Danville upon the Town’s
annexation of the Lawrence/Leema Road area in 1991; and
WHEREAS, in February 2004, the Town Council approved the vacation of excess rights-
of-way for a number of properties, including the subject property, fronting on Lawrence
Road. These actions established the new adopted roadway width and found the
unneeded rights-of-way excess; and
WHEREAS, the Town has subsequently learned that the right-of-way fronting 1631
Lawrence Road was conveyed to Contra Costa County as fee title, not as an easement.
Approving a quitclaim deed can clarify the Town’ intent to vacant this right-of-way as
excess; 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 1631 Lawrence Road, as described in the Grant Deed, attached
hereto as 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 previously
determined the ultimate width of Lawrence Road.
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 previously reviewed the right-of-way vacation
in 2004 and found that it was consistent with the Town’s General Plan.
4.The City Clerk is directed to record a Quitclaim Deed as authorized by this
resolution with the Recorder’s Office for Contra Costa County.
and, be it further
RESOLVED, that the Town Manager is authorized to execute documents and take all
actions necessary to complete the vacation of this excess right-of-way.
DocuSign Envelope ID: A8A093F7-EAA1-43CE-B279-15FF2BC937E5
ATTACHMENT A
PAGE 2 OF RESOLUTION NO. 79-2022
APPROVED by the Danville Town Council at a regular meeting on September 6, 2022,
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
__________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
_________________________ __________________________
CITY ATTORNEY CITY CLERK
DocuSign Envelope ID: A8A093F7-EAA1-43CE-B279-15FF2BC937E5
EXHIBIT 1