HomeMy WebLinkAbout040125-06.3
ADMINISTRATIVE STAFF REPORT 6.3
TO: Mayor and Town Council April 1, 2025
SUBJECT: Resolution No. 23-2025, approving a Quitclaim Lack of Abutters Rights
located along Diablo Road, east of McCauley Road
BACKGROUND
The Magee Preserve subdivision, SD 9291, was approved by the Town Council and was
recorded on October 5, 2022. As a condition of approval, the project was required to
relinquish abutters rights along the entire property frontage on Diablo Road, east of
McCauley Road. Relinquishment of abutters rights prohibits creating access from the
open space to the Diablo Road right-of-way.
Over the past several years, the Town has worked with Save Mount Diablo and bike
advocates to develop a single-track mountain bike and hiking trail beginning near the
corner of the Diablo Road/McCauley Road intersection. This trail would extend east
through the open space area above Diablo Road. The relinquishment of abutters rights
also inadvertently removed existing access from Diablo Road to existing
telecommunication facilities on the property.
DISCUSSION
In order to allow access to both the new trail and the existing telecommunication facilities,
it is necessary to quitclaim approximately 274 linear feet of abutters rights back to the
property (See Attachment B). Adoption of the resolution would accomplish this.
PUBLIC CONTACT
Posting of the meeting agenda serves as notice to the general public.
FISCAL IMPACT
None.
Quitclaim of Abutter Rights 2 April 1, 2025
Diablo Road
RECOMMENDATION
Adopt Resolution No. 23-2025, approving a Quitclaim Lack of Abutters Rights located
along Diablo Road, east of McCauley Road.
Prepared by:
Fred Korbmacher
Development Services Coordinator
Reviewed by:
Diane J. Friedmann
Development Services Director
Attachments: A- Resolution No. 23-2025
B - Quitclaim Lack of Abutters Rights
RESOLUTION NO. 23-2025
APPROVING QUITCLAIM LACK OF ABUTTERS RIGHTS
LOCATED ALONG DIABLO ROAD, EAST OF MCCAULEY ROAD
WHEREAS, Diablo Road is a public street within the Town of Danville (“Town”); and
WHEREAS, on October 5, 2022, the Town Council approved Major Subdivision 9291
(552M5), which included a Condition of Approval requiring the owner to Relinquish
Abutters Rights along Diablo Road; now, therefore, be it
RESOLVED, by the Town of Danville that:
1.The Town of Danville hereby Quitclaims Lack of Abutters Rights along Diablo
Road.
2.The City Engineer is authorized to execute documents and take all actions
necessary to complete the Quitclaim Lack of Abutters Rights.
3.The City Clerk is directed to record the Quitclaim Lack of Abutters Rights as
authorized by this resolution with the Recorder’s Office for Contra Costa County.
APPROVED by the Danville Town Council at a regular meeting on April 1, 2025, by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
__________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
_________________________ __________________________
CITY ATTORNEY CITY CLERK
Docusign Envelope ID: B748E9A7-A127-43DE-9769-01A77B72EFC0
ATTACHMENT A
2/28/2025
EXHIBIT A
Page 1 of 1
G:\job2009\091015IP\Survey\\091015IP ACCESS QC.docx
Real property situate in the Town of Danville, County of Contra Costa, State of California
and being all of the “Lack of Abutters Rights” located within Parcel H that abuts Diablo
Road as described below, same Parcel H as shown on the Map entitled “Tract 9291 –
Magee Preserve” filed on October 5, 2022 in Book 552 of Maps at Pages 5-20, Official
Records of Contra Costa County:
Beginning at a north corner of Parcel H, said corner being at the northeasterly terminus
of a course labeled North 62°34’03” East, 169.20 feet;
Thence along the north line of Parcel H for the following two (2) courses:
1) South 62°34’03” West, 169.20 feet;
2) South 77°18’23” West, 104.80 feet to the Point of Termination.
See Exhibit B - Plat to Accompany Legal Description which is attached hereto and
made a part hereof.
END OF DESCRIPTION
This description and its accompanying plat were prepared by or under the direction of:
_____________
DATE
________________________
SCOTT A. SHORTLIDGE
ATTACHMENT B