HomeMy WebLinkAbout020723-06.2
ADMINISTRATIVE STAFF REPORT 6.2
TO: Mayor and Town Council February 7, 2023
SUBJECT: Resolution No. 6-2023, approving quitclaim deeds vacating excess street
right-of-way, located at 1631 Lawrence Road, APN 206-170-004 and 1641
Lawrence Road, APN 206-170-005
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 properties, fronting on Lawrence Road. These
actions established the new adopted roadway width. In 2022, the title company for one
of the subject property owners identified that, because the right-of-way was granted as
fee title, it is necessary to vacate the right-of-way through a quitclaim deed. On September
6, 2022, the Town adopted Resolution No. 76-2022 doing so for 1631 Lawrence Road.
Subsequently, it was determined that the excess right-of-way also extends to a portion of
1641 Lawrence Road. Therefore, new quitclaim deeds have been prepared to quit claim
the excess right-of-way to each property separately. This should finally resolve this
matter.
PUBLIC CONTACT
Posting of the meeting agenda serves as notice to the general public.
FISCAL IMPACT
None.
Vacating Excess Street Right-of-Way 2 February 7, 2023
1631 & 1641 Lawrence Road
RECOMMENDATION
Adopt Resolution No. 6-2023, approving quitclaim deeds vacating excess street right-of-
way, located at 1631 Lawrence Road, APN 206-170-004 and 1641 Lawrence Road, APN
206-170-005
Prepared by:
Fred Korbmacher
Development Services Coordinator
Reviewed by:
Tai J. Williams
Assistant Town Manager
Attachment: Resolution No. 6-2023
Exhibit 1 – 1631 Lawrence Road Quitclaim Deed
Exhibit 2 – 1641 Lawrence Road Quitclaim Deed
RESOLUTION NO. 6-2023
APPROVING QUITCLAIM DEEDS VACATING EXCESS STREET RIGHT-OF-
WAY, LOCATED AT 1631 LAWRENCE ROAD, APN 206-170-004 AND
1641 LAWRENCE ROAD, APN 206-170-005
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 and 1641 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, Resolution 14-2004, 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 and 1641 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 and 1641 Lawrence Road, as described in the Grant Deeds,
attached hereto as Exhibits 1 and 2, which are 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 Quitclaim Deeds as authorized by this
resolution with the Recorder’s Office for Contra Costa County.
and, be it further
RESOLVED, that the City Engineer is authorized to execute documents and take all
actions necessary to complete the vacation of this excess right-of-way.
DocuSign Envelope ID: 87212A5F-12BD-4C5E-89F9-007114117327
PAGE 2 OF RESOLUTION NO. 6-2023
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: 87212A5F-12BD-4C5E-89F9-007114117327
EXHIBIT 1
DocuSign Envelope ID: 87212A5F-12BD-4C5E-89F9-007114117327
DocuSign Envelope ID: 87212A5F-12BD-4C5E-89F9-007114117327
DocuSign Envelope ID: 87212A5F-12BD-4C5E-89F9-007114117327
DocuSign Envelope ID: 87212A5F-12BD-4C5E-89F9-007114117327
DocuSign Envelope ID: 87212A5F-12BD-4C5E-89F9-007114117327
EXHIBIT 2
DocuSign Envelope ID: 87212A5F-12BD-4C5E-89F9-007114117327
DocuSign Envelope ID: 87212A5F-12BD-4C5E-89F9-007114117327
DocuSign Envelope ID: 87212A5F-12BD-4C5E-89F9-007114117327