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HomeMy WebLinkAbout079-2022DocuSign Envelope ID: A8A093F7-EAA1-43CE-B279-15FF2BC937E5 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 APPROVED by the Danville Town Council at a regular meeting on September 6, 2022, by the following vote: AYES:Arnerich, Fong, Morgan, Stepper, Storer NOES: None ABSTAINED: None ABSENT: None APPROVED AS TO FORM: DocuSignedDeb//:� 1t D• G1VM+& R9SC6r40ADBF4BF CITY ATTORNEY DocuSigned b 7095EBBD2D04475... MAYOR ATTEST: Docu -- 71735A3F04C942F... CITY CLERK PAGE 2 OF RESOLUTION NO. 79-2022 DocuSign Envelope ID: A8A093F7-EAA1-43CE-B279-15FF2BC937E5 JUL 27 1971 RECORDING REQUESTED BY ten= C0f:TA COUNTY ?URUIc WORKS DEP?. AND WHEN RECORDED MAIL TO a.,. I I'U$LIC WORKS Data. Street Gib Rate rte Fina HIGHWAY PLANWTNO DIV. RECORDS SECTION ' 62111 MAIL TAX STATEMENTS TO N1 A Road Co. Rd. No. M. S. No. -._ _89-11 Assessors No, 6b-n9al By this instrument dated_.., R ORDED Al RECRE1 0L41 ' 66S AT lliTe ;U 97 N• COSTA DIARY W. T. PAASCH COUNTY RECORDER L9�/ -r �E � Q SPA -E ABOVE THIS LINE FOR RECORDER'S USE - N© TAX CONSIDERATJ.ON TRANSFER TAX S_LESS ...THAN .-MO GRANT DEED (E,.rw Nn tosE 23.-t---1' 11 fora tamable consideration, GILEES Y. and ELIZABETH S. HUNTER betebi GRANTS or C3NTRA COSTA I:OUNTY, a political subdivision of the State of California, ,he following described Peal Property in the Sate of California, County oi..... Contra. ..C..u6.t.........................._.. A portion of southeast 1/4 Section 6, Township 2 south, Range 1 east, Mount Diablo Base C- Meridian, described as follows: The twenty-two foot (22') strip of land along the west side cf Parcels "A" and "B", and fronting on Lawrence Road shown as t22 FT. STRIP DEEDED TO CONTRA COSTA COUNTY" on the Parcel Map filed JULY 2 , 19 11 , in Book 11 of Parcel Maps at Page 2(, , Contra Costa County Records. CEIrTit'It:ATE :JB ML;C77•tNC9L L'Y UoL'V:Y of CONTRA a•1IIS Is Tri cj'»y Owl. w. m : a icroin real n ,nor 1,, need ua:sa ......-_.... _>. JONk 74.._._............ �' ant. . '.bo Oruu..r :,„,.,; ;;e.;n• ;u carroty m Contra co [1 talc ,R u1 Ca.nnn:W. 1..'lo .-b,, . •r. n byd a political aubdlrlslgn f Bre alt and the Grantee coo •. Apr” order of li I Ihrrd 11, oDII ,IO to....!.l, .e+�l� In ;<r.�rJal:au La:r.nf by la tluSY auB,o.aad »tficer. 1!, JULY 11 _ W, T. PAAACa - CO CLF:RE its."(_. Dego._ rj i:: E. Hunte 7 _,r F.Iizabeth S.- Hunter STATE OF CALIFORNIA On - ^7„1 .,(Y N r , 19 2l , before me, the undersigned. a Notary Public in and for said SS. County and State personally appeared G* '%, .^ COUNTY OF..A,F N.rL.r d.A......__ .EL/zaer..; -1. 11aN re'!' known to me to be the ,.enort..%... whose name -S ubscribed to the within instrument, and ac1-nowledee4 lo +na: 1}I:rt...T .fle.,Y....... executed the tame. Notary's Signature .........:.....X...... ..,•11.a.,yrta.:l.,l+.„: / ....- R. L. LUKECART NOTARY PCaLIC-CALIFORNIA A:ALI5DA COUNTY p �r�•-ter OFCaT+aiastcc Eo iruluy9.1974 1,8.24 "t ' ^ mrd.. C,1:!. 94556 MAIL TAX STATEMENTS AS DIRECTED ABOVE *END OF DOCU."ENT' EXHIIEW F 1