HomeMy WebLinkAbout020723-06.7 ADMINISTRATIVE STAFF REPORT 6.7
TO: Mayor and Town Council February 7, 2023
SUBJECT: Resolution No. 7-2023, accepting a Grant of Storm Drain Easement
located at 232 Loch Lomond Way
BACKGROUND
As part of the of the Loch Lomond Way Trash Rack project, CIP A-613, an easement is
required for access to proposed drainage improvements located at 232 Loch Lomond
Way. The Town acquired the necessary easement to proceed with the project.
DISCUSSION
The Grant of Storm Drain Easement has been executed by Jordan and Candice Wheeler,
owners of 232 Loch Lomond Way.
PUBLIC CONTACT
Posting of the meeting agenda serves as notice to the general public.
FISCAL IMPACT
Sufficient funds have been appropriated in the 2022/2023 Capital Improvement Program,
CIP A-613 to fully fund the project.
Accepting Grant of
Storm Drain Easement 2 February 7, 2023
RECOMMENDATION
Adopt Resolution No. 7-2023, accepting a Grant of Storm Drain Easement located at 232
Loch Lomond Way.
Prepared by:
Fred Korbmacher
Development Services Coordinator
Reviewed by:
Tai J. Williams
Assistant Town Manager
Attachment: Resolution 7-2023
Exhibit 1 – Grant of Storm Drain Easement
RESOLUTION NO. 7-2023
ACCEPTING A GRANT OF STORM DRAIN EASEMENT
LOCATED AT 232 LOCH LOMOND WAY
WHEREAS, California Government Code Section 27281 provides that deeds or grants
conveying any interest in fee or easement upon real estate to a political corporation or
governmental agency for public purposes shall not be accepted for recordation without the
consent of the grantee evidenced by its resolution of acceptance; and
WHEREAS, Jordan Wheeler and Candice Wheeler are dedicating a storm drain easement
described in Exhibit 1; and
WHEREAS, a Grant of Storm Drain Easement has been executed by the property owners;
and
WHEREAS, the Danville Town Council does hereby find and determine it is in the best
interests of the Town to accept the easement deeds for storm drain purposes; and
WHEREAS, action by the Danville Town Council is necessary to accept the easement; now,
therefore, be it
RESOLVED, that the Danville Town Council hereby accepts the Grant of Storm Drain
Easement, as executed by Jordan Wheeler and Candice Wheeler; and, be it further
RESOLVED, that the City Clerk is hereby directed to attach a Certificate of Acceptance to
the easement document and have it recorded at the Contra Costa County Recorder’s Office.
DocuSign Envelope ID: 1C4BB84A-C3D5-48D0-9A72-D2CE9C412DB1
PAGE 2 OF RESOLUTION NO. 7-2023
APPROVED by the Danville Town Council at a regular meeting on February 7, 2023, by
the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
________________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
____________________________ ________________________________
CITY ATTORNEY CITY CLERK
DocuSign Envelope ID: 1C4BB84A-C3D5-48D0-9A72-D2CE9C412DB1
RECORDING REQUESTED BY:
Town of Danville
WHEN RECORDED MAIL TO:
Town of Danville
Attention: City Clerk
510 La Gonda Way
Danville, CA 94526-1740
SPACE ABOVE THIS LINE FOR RECORDER’S USE
MAIL TAX STATEMENTS TO: The undersigned grantor(s) declare(s):
CITY TRANSFER TAX $
DOCUMENTARY TRANSFER TAX $
N/A SURVEY MONUMENT FEE $
__ Computed on the consideration or value of property conveyed; OR
__ Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
APN: 208-372-010
GRANT OF STORM DRAIN EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
JORDAN WHEELER AND CANDICE WHEELER (Grantor)
hereby GRANTS to The Town of Danville, A Municipal Corporation, (Grantee), a non-
exclusive storm drain easement for the construction, operation and maintenance of public storm
drainage improvements and related appurtenances, over, across, under and through lands of
grantor together with the right of ingress and egress over and across the remaining lands of
grantor within the Town of Danville, County of Contra Costa, State of California, described as
follows:
Refer to Exhibits “A” & “B” attached hereto and made a part hereof.
Said easement shall be used solely for the purposes described above. Should the easement be
no longer utilized for public storm drainage purposes all rights, privileges and fee interests shall
revert to the Grantor, its heir or assignee(s).
DATED: ___________________________
GRANTOR
Signature
Jordan Wheeler _____________
Printed Name
Signature
Candice Wheeler________________
Printed Name
Sheet 1 of 3
EXHIBIT 1
DocuSign Envelope ID: 1C4BB84A-C3D5-48D0-9A72-D2CE9C412DB1
Page 2 of 3
EXHIBIT’A’
LEGAL DESCRIPTION
STORM DRAIN EASEMENT
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE TOWN OF
DANVILLE, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A PORTION OF LOT 10 AS SAID LOT IS SHOWN ON THE MAP OF
SUBDIVISION 3457 RECORDED ON SEPTEMBER 23, 1965 IN BOOK 107 OF
MAPS AT PAGE 30 IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA
COSTA COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTH EASTERLY CORNER OF SAID LOT 10
THENCE, ALONG RIGHT OF WAY LINE OF LOCH LOMOND WAY, ALONG A
CURVE TO THE LEFT WHOSE RADIUS POINT BEARS NORTH 59°45'35" EAST
44.00 FEET, THROUGH A CENTRAL ANGLE OF 14°02'10", AND AN ARC
LENGTH OF 10.78 FEET;
THENCE LEAVING SAID RIGHT OF WAY LINE SOUTH 49°04'07" WEST, 4.38
FEET;
THENCE, ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF
41.38 FEET, THROUGH A CENTRAL ANGLE OF 16°06'16", AND AN ARC
LENGTH OF 11.63 FEET;
THENCE SOUTH 65°10'23" WEST, 100.62 FEET;
THENCE SOUTH 08°29'08" WEST, 36.57 FEET;
THENCE NORTH 81°30'52" WEST, 44.60 FEET TO A POINT ON THE WESTERLY
LINE OF SAID LOT 10;
THENCE ALONG SAID WESTERLY LINE NORTH 01°17'20" EAST, 3.70 FEET TO
THE MOST NORTHWESTERLY CORNER OF SAID LOT 10;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 10
NORTH 59°45'35" EAST, 170.49 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,882 SQUARE FEET OF LAND, MORE OR LESS.
END OF DESCRIPTION
DocuSign Envelope ID: 1C4BB84A-C3D5-48D0-9A72-D2CE9C412DB1
EXHIBIT 'B'
PLAT TO
ACCOMPANY LEGAL
DESCRIPTION